General Appropriations Bill H. 3400 for the fiscal year beginning July 1, 1997
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PART II PAGE 554
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 "( ) South Carolina taxable income received by a resident individual taxpayer who before or during the applicable taxable
24 year has attained the age of sixty-five. If a married taxpayer eligible for this deduction files a joint federal income tax return
25 with a spouse who is not eligible for this deduction, then their joint income must be allocated between them on a pro-rata
26 basis in the manner the department shall provide."
28 B. This section applies for taxable years beginning after 1996, but for taxable year 1997 only, the maximum deduction
29 allowed an eligible taxpayer pursuant to the unnumbered item added in Section 12-6-1140 of the 1976 Code by subsection
30 A of this section is $11,500 reduced by the amount the taxpayer is eligible to deduct pursuant to Sections 12-6-1140(3) and
31 12-6-1170 of the 1976 Code for that taxable year.
33 SECTION 3
35 TO AMEND THE 1976 CODE BY ADDING SECTION 1-30-66 SO AS TO PROVIDE FOR THE
36 APPROPRIATION TO THE DIVISION OF FIRE AND LIFE SAFETY OF THE DEPARTMENT OF LABOR,
37 LICENSING AND REGULATION AN AMOUNT EQUAL TO FIFTY PERCENT OF THE GROWTH IN THE
PART II PAGE 555 1 TAX ON FIRE INSURERS TO COVER EXPENSES OF INSPECTIONS AND INVESTIGATIONS LEVIED 2 PURSUANT TO SECTION 38-7-30, AND PROVIDE FOR RELATED MATTERS. 3 4 The 1976 Code is amended by adding: 5 6 "Section 1-30-66. Notwithstanding any other provision of law, annually, beginning June 30, 1998, there must be 7 appropriated to the Division of Fire and Life Safety of the Department of Labor, Licensing and Regulation an amount equal 8 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 9 only for expenses that are incurred by the Division of Fire and Life Safety. 10 The Director of the Department of Labor, Licensing and Regulation, or his designee, shall maintain a separate account 11 of all monies received and disbursed under the provisions of this section and shall include the account in his annual report." 12 13 SECTION 4 14 15 TO AMEND TITLE 59, OF THE 1976 CODE, RELATING TO EDUCATION, BY ADDING CHAPTER 4 SO AS 16 TO ESTABLISH THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM WITHIN THE SOUTH 17 CAROLINA BUDGET AND CONTROL BOARD THROUGH WHICH TUITION ASSOCIATED WITH PUBLIC 18 POST-SECONDARY EDUCATION MAY BE PAID IN ADVANCE AND FIXED AT A GUARANTEED LEVEL 19 FOR UP TO FOUR YEARS OF UNDERGRADUATE ENROLLMENT. 20 21 A. Title 59 of the 1976 Code is amended by adding: 22 23 "CHAPTER 4 24 25 South Carolina Tuition Prepayment Program 26 27 Section 59-4-10. This chapter may be cited as the South Carolina Tuition Prepayment Program Act'. The South 28 Carolina Tuition Prepayment Program is established to assist the citizens of South Carolina with the expense of college by 29 providing an advanced payment program for tuition at a fixed and guaranteed level for public colleges and universities. 30 31 Section 59-4-20. As used in this chapter: 32 (1) Program' means the South Carolina Tuition Prepayment Program. 33 (2) Fund' means the South Carolina Tuition Prepayment Program Fund. 34 (3) Board' means the State Budget and Control Board. 35 (4) Director' means the head of the South Carolina Tuition Prepayment Program. 36 (5) Contributor' means a person who makes or is obligated to make advance payments in accordance with a prepaid 37 tuition contract.
PART II PAGE 556 1 (6) The Tuition Prepayment Contract' means the contract entered into by the Director of the South Carolina Tuition 2 Prepayment Program or his designee on behalf of the program and a contributor pursuant to this chapter for the advance 3 payment by the contributor of undergraduate tuition at a fixed, guaranteed level for a designated beneficiary to attend a 4 public educational institution of higher learning in the State or to another educational institution of higher learning that may 5 be provided in this chapter to which the designated beneficiary is admitted. 6 (7) College or university' means a state-chartered public educational institution of higher learning located in this 7 State. 8 (8) Independent institution of higher education' means any independent eleemosynary junior or senior college in 9 South Carolina whose major campus and headquarters are located within South Carolina and which is accredited by the 10 Southern Association of Colleges and Secondary Schools. 11 (9) Tuition' means the credit-hour charges imposed by a public higher education institution in this State and all 12 mandatory fees required as a condition of enrollment of all students. 13 (10) Designated beneficiary' means the individual who is designated as the beneficiary of amounts paid or to be paid 14 to the South Carolina Tuition Prepayment Program or, in the case of a change in beneficiaries as permitted under this 15 chapter, the individual who is the new beneficiary. 16 17 Section 59-4-30. (A) The South Carolina Tuition Prepayment Program is created as a program within the Budget 18 and Control Board. The chief administrative and operating official for the program is the director who must be appointed 19 and supervised by the executive director of the board. The director must be a state official or employee. 20 (B) The board is responsible for developing and adopting the investment policies, guidelines, and strategies for the 21 fund and determining the costs, termination, and withdrawal options of the prepaid tuition contracts. The board shall 22 promulgate regulations in accordance with the Administrative Procedures Act which: 23 (1) provide for the number and types of contract plans to be offered, to include both public and independent 24 colleges and universities; 25 (2) prescribe the terms and conditions of the prepaid tuition contracts, including the terms and conditions under 26 which funds may be withdrawn or refunds made from the fund; 27 (3) prescribe the requirements, procedures, and guidelines regarding advanced payment contracts; 28 (4) provide for the contract contents to include, at a minimum, tuition and credit hour guarantees, beneficiary 29 substitutions, default, withdrawal, refund, termination and penalty information, and contributor payment amounts and 30 conditions; 31 (5) provide for the receipt of advance payments; 32 (6) prescribe guidelines governing the program; 33 (7) provide for the charging and retention of fees for the cost of services and administration of the fund; 34 (8) prescribe the investment and management policies of the fund; and 35 (9) prescribe other policies, procedures, and criteria necessary to implement and administer the program. 36 These regulations shall be developed in consultation with the chairmen or their designees of the Senate Finance 37 Committee, the Senate Education Committee, the House Ways and Means Committee and the House Education and Public 38 Works Committee and submitted in sufficient time for the General Assembly to begin its approval process by January 15,
PART II PAGE 557 1 1998. It is the intent of the General Assembly to have these regulations in force in time so that the program may begin to 2 offer contracts by July 1, 1998. 3 4 Section 59-4-40. The fund is created as a nonpublic special, revolving fund to be established and maintained by the 5 State of South Carolina. The fund shall consist of monies received from contributors, other monies acquired from 6 governmental and private sources, and proceeds from the investments of the fund. The fund is to expend funds only for the 7 purposes of this chapter and is at no time to be considered public funds. There must be a separate accounting for each 8 designated beneficiary. 9 The fund must be invested as directed by the board. However, earnings in the fund or any portion of the fund must not 10 be used as security for a loan. An attempt to use the fund, a contract, or a portion of either as security for a loan is void. 11 The fund may be invested in any manner authorized by law. The custody and management of the fund is directed by the 12 board. The earnings from fund investments become a part of the fund and may be expended only for the purposes of this 13 chapter. 14 15 Section 59-4-50. An act or undertaking of the program shall not constitute a debt of the State or any agency, 16 department, institution, or political subdivision thereof, or a pledge of the full faith and credit of the State or any agency, 17 department , institution, or political subdivision, but is payable solely from the monies in the fund. 18 19 Section 59-4-60. All of the agencies, departments, and institutions of higher learning of the State are required to 20 provide reasonable cooperation and assistance to the board and the director in the implementation of the program under this 21 chapter. Colleges and universities shall make every effort to restrict tuition increases to no more than the annual higher 22 education price index. 23 24 Section 59-4-70. Upon implementation of the program, the director or his designee shall prepare an annual financial 25 report of the fund and the program. This report must be submitted to the board on the date required by the board and in the 26 format prescribed by the board. The program and the fund also must be subject to audit by the State Auditor or his designee. 27 The director or his designee annually shall evaluate the actuarial soundness of the fund and report this information to the 28 board. 29 30 Section 59-4-80. The director shall solicit answers to applicable ruling requests from the Internal Revenue Service 31 regarding the tax status of fees paid pursuant to a prepaid tuition contract to the contributor and to the designated beneficiary 32 and from the Securities and Exchange Commission regarding the application of federal securities laws to the program. The 33 director shall make the status of these requests known to the board. In accordance with any applicable law or Internal 34 Revenue Service ruling, the board shall structure the program in order to allow for federal tax deferral on contributions to 35 the fund. 36
PART II PAGE 558 1 Section 59-4-90. The Comptroller General and the chief finance officers of state agencies, departments, and 2 institutions maintaining separate payroll accounts, at the request of a state employee, may arrange for contributions through 3 payroll deduction to the fund the appropriate payment in accordance with a tuition prepayment contract. 4 5 Section 59-4-100. Notwithstanding any other provision of law, neither the program nor the fund is liable for income 6 taxes, and neither the program nor the fund is liable for local taxes, fees, or assessments. In addition, contributions to the 7 fund credited to a beneficiary's account do not entitle the contributor to a deduction for purposes of the state individual 8 income tax, nor must these contributions be included in the South Carolina gross income of the beneficiary or anyone 9 required to support the beneficiary. Furthermore, earnings on the account, tuition waivers, credits or payments for tuition, 10 or any money or payout that the designated beneficiary receives or from which he benefits to the extent that the payments 11 are used for tuition expenses during the same calendar year in which they are received shall not be included in the South 12 Carolina gross income of the beneficiary or anyone required to support the beneficiary." 13 14 B. This section takes effect July 1, 1997. 15 16 SECTION 5 17 18 TO AMEND SECTION 12-6-1120 OF THE 1976 CODE, RELATING TO THE COMPUTATION OF GROSS 19 INCOME, SO AS TO PROVIDE THAT GROSS INCOME DOES NOT INCLUDE AMOUNTS EXCLUDED BY 20 THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM. 21 22 Section 12-6-1120 of the 1976 Code, as added by Act 76 of 1995, is amended by adding an appropriately numbered item 23 to read: 24 25 "( ) South Carolina gross income does not include the amounts excluded by Section 59-4-110 of the South Carolina 26 Tuition Prepayment Program." 27 28 SECTION 6 29 30 TO AMEND SECTION 59-39-100 OF THE 1976 CODE, RELATING TO THE ISSUANCE OF UNIFORM HIGH 31 SCHOOL DIPLOMAS AND THE NUMBER OF UNITS REQUIRED TO RECEIVE A DIPLOMA, SO AS TO 32 PROVIDE THAT, BEGINNING WITH THE GRADUATING CLASS OF SCHOOL YEAR 2000-2001 AND 33 THEREAFTER, THE NUMBER OF UNITS REQUIRED FOR A DIPLOMA IS TWENTY-FOUR, RATHER THAN 34 TWENTY, TO SPECIFY WHAT UNITS MUST BE EARNED; AND TO REPEAL SECTION 59-29-160 35 RELATING TO UNITS OF MATHEMATICS REQUIRED FOR HIGH SCHOOL GRADUATION. 36 37 38 A. Section 59-39-100 of the 1976 Code is amended to read:
PART II PAGE 559 1 "Section 59-39-100. Diplomas issued to graduates of accredited high schools within this State must be uniform in 2 every respect and particularly as to color, size, lettering, and marking. The number of units required for a state high school 3 diploma is twenty units as prescribed by the State Board of Education. Beginning in the 1986-87 academic year, a minimum 4 of 3 three units must be earned in mathematics and a minimum of 2 two units must be earned in science. 5 One unit in computer science, if approved by the State Department of Education for this purpose, may be counted 6 toward the mathematics requirement. 7 Students who earn one unit in science and six or more units in a specific occupational service area will meet the science 8 requirements for a state high school diploma. Vocational programs operating on a 3-2-1 structure may count prevocational 9 education as one of the six required units. 10 Beginning with the graduating class of school year 2000-2001, the minimum number of units required for a high school 11 diploma is twenty-four units as prescribed by the State Board of Education, with one additional unit required in mathematics, 12 science, and computer science. Students who earn two units of science and six or more units in a specific occupational 13 service area shall meet the science requirements for a state high school diploma. 14 Nothing herein prohibits local boards of trustees from establishing additional requirements for recognizing academic 15 achievement beyond the minimum requirements for a high school diploma. No student is required to satisfy these additional 16 requirements in order to receive a state high school diploma." 17 18 B. Section 59-29-160 of the 1976 Code is repealed. 19 20 SECTION 7 21 22 DELETED 23 24 SECTION 8 25 26 DELETED 27 28 SECTION 9 29 30 DELETED 31 32 SECTION 10 33 34 TO AMEND SECTION 12-6-40, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE 35 SOUTH CAROLINA INCOME TAX ACT, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS 36 STATE ADOPTS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986, INCLUDING EFFECTIVE 37 DATES, AND TO DELETE OBSOLETE REFERENCES. 38 39 A. Section 12-6-40(A) of the 1976 Code, as last amended by Act 410 of 1996, is further amended to read: 40
PART II PAGE 560 1 "(A) `Internal Revenue Code' means the Internal Revenue Code of 1986 as amended through December 31, 1995 2 1996, and includes the provisions of Section 162(l) thereof as amended by P.L. 104-7 the effective date provisions contained 3 therein." 4 5 B. This section is effective for taxable years beginning after 1996. 6 7 SECTION 11 8 9 DELETED (RULED NON-GERMANE) 10 11 SECTION 12 12 13 DELETED 14 15 SECTION 13 16 17 TO AMEND SECTION 11-11-140 OF THE 1976 CODE, RELATING TO LIMITATIONS ON GENERAL FUND 18 APPROPRIATIONS FOR A FISCAL YEAR AND THE USE OF SURPLUS REVENUES, SO AS TO DELETE 19 PROVISIONS RELATING TO LIMITATIONS ON ANNUAL GENERAL FUND REVENUES AVAILABLE FOR 20 APPROPRIATION AND USES OF SURPLUS REVENUES, TO REFLECT IN THE SECTION THE 21 GOVERNOR'S DUTY ANNUALLY TO PREPARE A BUDGET WITH RESPECT TO CHANGES IN 22 ACCOUNTING METHODS, AND TO PROHIBIT THE GOVERNOR'S ANNUAL BUDGET 23 RECOMMENDATION FROM PROPOSING THE APPROPRIATION OF SURPLUS GENERAL FUND 24 REVENUES IN EXCESS OF AMOUNTS OFFICIALLY RECOGNIZED AS SUCH BY THE BOARD OF 25 ECONOMIC ADVISORS. 26 27 A. Section 11-11-140 of the 1976 Code, as last amended by Act 142 of 1995, is further amended to read: 28 29 "Section 11-11-140. (A) General fund appropriations in the annual general appropriations act may not exceed the 30 base revenue estimate as calculated pursuant to subsection (B) or as adjusted pursuant to subsection (C). In the Governor's 31 annual budget recommendation to the General Assembly, no recommendation may be made for the appropriation of surplus 32 general fund revenues in excess of amounts officially recognized as such by the Board of Economic Advisors. 33 (B) For purposes of this section, the base revenue estimate is the lesser of: 34 (1) (a) the total of recurring general fund revenues collected in the fiscal year completed before the General 35 Assembly first considers the annual general appropriations bill increased by any recurring general fund revenue 36 enhancements occurring in the current fiscal year if such enhancements are certified by the Board of Economic Advisors; 37 (b) increased by a sum equal to seventy-five percent of the amount the general fund revenue estimate of the 38 Board of Economic Advisors for the upcoming fiscal year exceeds the amount in subitem (a) of this item; or
PART II PAGE 561 1 (2) the general fund revenue estimate of the Board of Economic Advisors for the upcoming fiscal year. 2 (C) The base revenue estimate may be increased or decreased (1) by any amendment to the general appropriations bill 3 which affects the Board of Economic Advisors revenue estimate or (2) enacted legislation which affects the board's estimate, 4 if the board certifies in writing the change in estimated revenue. 5 (D) Appropriations from surplus may not be made before the first meeting of the General Assembly following the 6 Comptroller General's closing of the books on the fiscal year in which the surplus occurred and may be appropriated only 7 for nonrecurring purposes. 8 (E) In making a the annual budget recommendation to the General Assembly for the fiscal year 1994-95 budget, and 9 for each year thereafter, the Budget and Control Board Governor shall not incorporate or realize any revenue derived on the 10 basis of any future change in a method of accounting, as determined by the Budget and Control Board, unless such the 11 change in a method of accounting is based on statutory authority specifically granted to the Budget and Control Board or 12 a statutory enactment changing the method of accounting. 13 (F) Notwithstanding the provisions of subsection (D), appropriations from surplus may not be expended before the 14 Comptroller General's closing of the books on the fiscal year in which the surplus occurred. The surplus in this subsection, 15 that is the calculated set-aside as defined in this section, after reduction by way of transfer to the general fund of such amount 16 as necessary to offset any recognized budget shortfall for the fiscal year in which the set-aside surplus occurred, is 17 appropriated for deposit in the State Property Tax Relief Fund. After the first year that the State Property Tax Relief Fund 18 is fully funded, the procedure in subsection (D) must be applied." 19 20 B. This section takes effect July 1, 1997. 21 22 SECTION 14 23 24 DELETED 25 26 SECTION 15 27 28 DELETED 29 30 SECTION 16 31 32 DELETED (RULED NON-GERMANE) 33 34 SECTION 17 35 36 TO AMEND THE 1976 CODE BY ADDING SECTION 59-39-105 SO AS TO PROVIDE THAT PUBLIC HIGH 37 SCHOOL GRADUATES OF THIS STATE WHO MEET CERTAIN SPECIFIED CRITERIA SHALL RECEIVE 38 A PALMETTO BEST (BUILDING EXCELLENT SCHOLARS FOR TODAY AND TOMORROW) HIGH
PART II PAGE 562 1 SCHOOL DIPLOMA; BY ADDING SECTION 59-39-180 SO AS TO PROVIDE THAT STUDENTS RECEIVING 2 THE BEST DIPLOMA MEETING CERTAIN OTHER CRITERIA SHALL ALSO RECEIVE A FIVE HUNDRED 3 DOLLAR SCHOLARSHIP TO ATTEND ANY INSTITUTION OF HIGHER EDUCATION IN THIS STATE; BY 4 ADDING SECTION 59-39-190 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION IS 5 AUTHORIZED TO PROMULGATE REGULATIONS NECESSARY FOR THE IMPLEMENTATION AND 6 ADMINISTRATION OF THE PALMETTO BEST DIPLOMA AND SCHOLARSHIP; AND TO PROVIDE THAT 7 THE COMMISSION ON HIGHER EDUCATION SHALL DISTRIBUTE THE SCHOLARSHIP FUNDS FOR 8 THESE STUDENTS TO THE APPROPRIATE INSTITUTIONS; AND BY ADDING SECTION 59-103-175 SO AS 9 TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION IS DIRECTED TO INCLUDE 10 INFORMATION ABOUT THE PALMETTO BEST DIPLOMA IN THE HIGHER EDUCATION AWARENESS 11 PROGRAM. 12 13 A. The 1976 Code is amended by adding: 14 15 "Section 59-39-105. Beginning with the 1997-98 school year, students graduating from an accredited public high 16 school of this State who have earned no less than twenty-four units, have met the requirements for either the college 17 preparation or the technical preparation track and earned the equivalent of an overall B' grade average or better shall be 18 awarded the Palmetto BEST (Building Excellent Scholars for Today and Tomorrow) diploma. Students meeting the course 19 requirements for this diploma by participating in higher level courses such as advanced placement shall have their grade 20 point average adjusted to reflect the greater difficulty of these courses. For the purposes of this diploma, the State Board 21 of Education shall define what is meant by a B' average and adjustments to be made to reflect course difficulty. 22 The State Board of Education is directed to develop the design of the Palmetto BEST diploma insignia which is to be 23 placed on the high school diploma in order to recognize the special achievements of students awarded this diploma and to 24 distinguish it from the diploma issued under Section 59-39-100." 25 26 B. The 1976 Code is amended by adding: 27 28 "Section 59-39-180. The Palmetto BEST Scholarship is established to reward students graduating from an accredited 29 public high school of this State receiving a Palmetto BEST diploma pursuant to Section 59-39-105 and who score no less 30 than a composite score of 1100 on the Scholastic Aptitude Test. Such students shall receive a scholarship of five hundred 31 dollars to be used to pay for tuition and fees at any higher education institution in South Carolina." 32 33 C. The 1976 Code is amended by adding: 34 35 "Section 59-39-190. The State Board of Education is authorized to promulgate regulations necessary for the 36 implementation and administration of the Palmetto BEST diploma and scholarship. The Department of Education shall 37 furnish the Commission on Higher Education with the list of students who qualify for the Palmetto BEST Scholarship. The 38 Commission on Higher Education shall distribute the scholarship funds for these students to the appropriate institutions." 39
PART II PAGE 563 1 D. The 1976 Code is amended by adding: 2 3 "Section 59-103-175. The Commission on Higher Education is directed to include information about the Palmetto 4 BEST diploma in the Higher Education Awareness Program information developed in accordance with Section 59-103-170." 5 6 E. This section takes effect upon approval by the Governor. 7 8 SECTION 18 9 10 DELETED 11 12 SECTION 19 13 14 TO AMEND THE 1976 CODE BY ADDING SECTION 59-19-45 SO AS TO PROVIDE THAT ALL SCHOOL 15 BOARD MEMBERS OR MEMBERS OF COUNTY BOARDS OF EDUCATION FIRST ELECTED OR 16 APPOINTED AFTER JULY 1, 1997, SHALL COMPLETE SUCCESSFULLY AN ORIENTATION PROGRAM, 17 TO PROVIDE FOR THE MANNER IN WHICH THIS ORIENTATION PROGRAM SHALL BE CONDUCTED, 18 AND TO PROVIDE FOR CERTAIN REIMBURSEMENT TO SCHOOL DISTRICTS OR COUNTY BOARDS OF 19 EDUCATION FOR THE COST OF THIS ORIENTATION PROGRAM. 20 21 A. The 1976 Code is amended by adding: 22 23 "Section 59-19-45. (A) Within one year of taking office, all persons elected or appointed as members of a school 24 district board of trustees after July 1, 1997, shall successfully complete an orientation in the powers, duties, and 25 responsibilities of a board member including, but not limited to, topics on policy development, personnel, superintendent 26 and board relations, instructional programs, district finance, school law, ethics, and community relations. 27 (B) The orientation shall be approved by the State Board of Education and conducted by public or private entities 28 approved by the State Board of Education such as the South Carolina School Boards Association. 29 (C) The provisions of this section also apply to members of county boards of education appointed or elected after July 30 1, 1997, in the same manner the provisions of this section apply to members of school district boards of trustees. 31 (D) The provisions of this section do not apply to a school board trustee or county board of education member who 32 was serving in such office on July 1, 1997, and who is continuously reelected or reappointed to office thereafter. 33 (E) The State Department of Education shall reimburse a school district or county board of education conducting an 34 orientation for a new board member as required by this section at the rate of eighty dollars per member, provided that the 35 total reimbursements by the department in any one fiscal year must not exceed ten thousand dollars. If the total projected 36 cost of these reimbursements for any year as determined by the department exceeds ten thousand dollars, the eighty dollar 37 reimbursement per new member must be reduced proportionately. If funds are not available for these reimbursements, the
PART II PAGE 564 1 board member orientation is not required but may be conducted at the option of a school district or county board of 2 education. The State Board of Education shall establish guidelines and procedures for these reimbursements." 3 4 B. This section takes effect upon approval by the Governor. 5 6 SECTION 20 7 8 TO AMEND SECTION 59-142-10, OF THE 1976 CODE, RELATING TO THE NEED-BASED GRANTS 9 PROGRAM UNDER WHICH STUDENTS MAY RECEIVE A NEED-BASED GRANT FROM THE CHILDREN'S 10 EDUCATION ENDOWMENT FUND, SO AS TO PROVIDE THAT PART-TIME AS WELL AS FULL-TIME 11 STUDENTS ARE ELIGIBLE FOR SUCH GRANTS. 12 13 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: 14 15 "Section 59-142-10. (A) The State shall fund a need-based grant for a student who enrolls as an undergraduate in a 16 public institution of higher learning in this State, who applies for the need-based grant, and who meets the following 17 qualifications: 18 (1) meets domicile requirements as defined in Section 59-112-20 with the additional requirement of at least 19 twelve consecutive months of residency in the State of South Carolina immediately preceding enrollment; 20 (2) is accepted by and enrolled or registered in a state public institution of higher learning as a first degree 21 full-time or part-time student in a certificate, or diploma of at least one year in length, or undergraduate degree program; 22 (3) is of good moral character and has never been convicted of a felony; and 23 (4) is found to be in financial need according to federal Title IV regulations. 24 (B) To maintain continued state need-based grants, once enrolled a student shall: 25 (1) complete a minimum of twenty-four semester hours an academic year if a full-time student and twelve 26 semester hours an academic year if a part-time student and make satisfactory academic progress toward a degree as 27 determined by the institution; 28 (2) have no criminal record; 29 (3) be eligible for the need-based grants for a maximum of four academic years of two semesters." 30 31 B. This act takes effect upon approval by the Governor. 32 33 SECTION 21 34 35 DELETED 36 37 SECTION 22 38
PART II PAGE 565 1 TO AMEND SECTION 48-48-140, AS AMENDED, OF THE 1976 CODE, RELATING TO THE LOW-LEVEL 2 RADIOACTIVE WASTE DISPOSAL TAX, SO AS TO IMPOSE A CONTINGENT LICENSE TAX ON 3 OPERATORS OF LICENSED LOW-LEVEL RADIOACTIVE WASTE DISPOSAL SITES, TO PROVIDE THE 4 MEASURE OF THE TAX AS AN AMOUNT EQUAL TO POSSIBLE SHORTFALLS IN THE SCHOLARSHIPS 5 PORTION OF THE CHILDREN'S EDUCATION ENDOWMENT FUND, THE TIME OF PAYMENT, METHOD 6 OF COLLECTION, AND DISPOSITION OF THE REVENUE. 7 8 A. Section 48-48-140 of the 1976 Code, as last amended by Act 458 of 1996, is further amended by adding an 9 appropriately lettered subsection at the end to read: 10 11 "( ) In addition to the disposal tax imposed pursuant to this section, there is imposed a contingent annual license tax 12 on any company which operates a licensed disposal site in this State for the disposal of low-level radioactive waste. The 13 tax is an amount determined as follows: 14 (1) for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the shortfall, if any, in amounts credited 15 for the fiscal year to the Higher Education Scholarship Grants portion of the Children's Education Endowment Fund and 16 twenty-two million dollars; 17 (2) for the fiscal year beginning July 1, 1997, and ending June 30, 1998, an amount calculated as provided in item 18 (1), except that the applicable fiscal year is 1997-98 and the applicable amount is twenty-three million dollars; 19 (3) for fiscal years beginning after June 30, 1998, an amount as determined in item (1), except that the applicable 20 fiscal year is the then current fiscal year and the applicable amount is twenty-four million dollars. 21 The tax imposed by this subsection is due and payable at the same time provided for the payment of the disposal fee 22 provided pursuant to subsection (B), calculated proportionately over the fiscal year . Underpayments or overpayments in 23 a year must be reflected by an adjusted payment for the first quarter of the succeeding fiscal year. 24 The tax imposed by this subsection is enforceable as provided in Chapter 54 of Title 12. 25 Notwithstanding the provisions of this subsection, the entire contingent license tax due for Fiscal Year 1996-97 and 26 the estimated contingent license tax due for the first quarter of Fiscal Year 1997-98 are due and payable before January 31, 27 1998. 28 Notwithstanding the provisions of Section 59-143-10, the amount of earned revenue for the Higher Education 29 Scholarship Grants portion for Fiscal Year 1996-97 must be increased by the contingent annual license tax due and payable 30 by January 31, 1998. 31 Revenue of the contingent license tax imposed by this section must be credited to the Higher Education Scholarship 32 Grants portion of the Children's Education Endowment Fund." 33 34 B. This section takes effect upon approval by the Governor and first applies for the contingent license tax due for Fiscal 35 Year 1996-97. 36 37 SECTION 23 38
PART II PAGE 566 1 TO REPEAL SECTION 44-1-120 OF THE 1976 CODE, RELATING TO THE ANNUAL REPORT BY THE 2 DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO THE GENERAL ASSEMBLY. 3 4 A. Section 44-1-120 of the 1976 Code is repealed. 5 6 B. This section takes effect July 1, 1997. 7 8 SECTION 24 9 10 DELETED 11 12 SECTION 25 13 14 DELETED (RULED NON-GERMANE) 15 16 SECTION 26 17 18 DELETED 19 20 SECTION 27 21 22 TO AMEND SECTION 14-5-610, AS AMENDED, OF THE 1976 CODE, RELATING TO CIRCUIT COURTS AND 23 CIRCUIT COURT JUDGES, SO AS TO ADD AN ADDITIONAL JUDGE FOR THE FIRST, NINTH, AND 24 SIXTEENTH CIRCUITS; TO AMEND SECTION 20-7-1410, AS AMENDED, RELATING TO THE FAMILY 25 COURTS AND FAMILY COURT JUDGES, SO AS TO ADD AN ADDITIONAL JUDGE FOR THE FIRST, 26 NINTH, AND SIXTEENTH CIRCUITS, TO PROVIDE FOR THE DATE THESE JUDGES TAKE OFFICE, AND 27 TO FURTHER PROVIDE FOR THE RESIDENCY REQUIREMENTS FOR CERTAIN OF THESE FAMILY 28 COURT JUDGES. 29 30 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 31 to read: 32 33 "Section 14-5-610. The State is divided into sixteen judicial circuits as follows: 34 (1) The first circuit is composed of the counties of Calhoun, Dorchester, and Orangeburg. 35 (2) The second circuit is composed of the counties of Aiken, Bamberg, and Barnwell. 36 (3) The third circuit is composed of the counties of Clarendon, Lee, Sumter, and Williamsburg. 37 (4) The fourth circuit is composed of the counties of Chesterfield, Darlington, Marlboro, and Dillon. 38 (5) The fifth circuit is composed of the counties of Kershaw and Richland.
PART II PAGE 567 1 (6) The sixth circuit is composed of the counties of Chester, Lancaster, and Fairfield. 2 (7) The seventh circuit is composed of the counties of Cherokee and Spartanburg. 3 (8) The eighth circuit is composed of the counties of Abbeville, Greenwood, Laurens, and Newberry. 4 (9) The ninth circuit is composed of the counties of Charleston and Berkeley. 5 (10) The tenth circuit is composed of the counties of Anderson and Oconee. 6 (11) The eleventh circuit is composed of the counties of Lexington, McCormick, Saluda, and Edgefield. 7 (12) The twelfth circuit is composed of the counties of Florence and Marion. 8 (13) The thirteenth circuit is composed of the counties of Greenville and Pickens. 9 (14) The fourteenth circuit is composed of the counties of Allendale, Hampton, Colleton, Jasper, and Beaufort. 10 (15) The fifteenth circuit is composed of the counties of Georgetown and Horry. 11 (16) The sixteenth circuit is composed of the counties of York and Union. 12 One judge must be elected from the first, second, sixth, and twelfth, and sixteenth circuits. Two judges must be elected 13 from the first, third, fourth, seventh, eighth, tenth, eleventh, fourteenth, and fifteenth, and sixteenth circuits. Three judges 14 must be elected from the fifth, ninth, and thirteenth circuits. Four judges must be elected from the ninth circuit. 15 In addition to the above judges authorized by this section, there must be thirteen additional circuit judges elected by 16 the General Assembly from the State at large for terms of office of six years. These additional judges must be elected 17 without regard to county or circuit of residence. Each office of the at-large judges is a separate office and is assigned 18 numerical designations of Seat No. 1 through Seat No. 13 respectively." 19 20 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 21 read: 22 23 "Section 20-7-1410. The General Assembly shall elect a number of family court judges from each judicial circuit as 24 follows: 25 26 First Circuit Two Three Judges 27 Second Circuit Two Judges 28 Third Circuit Three Judges 29 Fourth Circuit Three Judges 30 Fifth Circuit Four Judges 31 Sixth Circuit Two Judges 32 Seventh Circuit Three Judges 33 Eighth Circuit Three Judges 34 Ninth Circuit Five Six Judges 35 Tenth Circuit Three Judges 36 Eleventh Circuit Three Judges 37 Twelfth Circuit Three Judges 38 Thirteenth Circuit Five Judges
PART II PAGE 568 1 Fourteenth Circuit Three Judges 2 Fifteenth Circuit Three Judges 3 Sixteenth Circuit Two Three Judges 4 5 In the following judicial circuits at least one family court judge must be a resident of each county in the circuit: fifth, 6 seventh, ninth, tenth, twelfth, thirteenth, fifteenth, and sixteenth. In those judicial circuits made up of three or more counties 7 at least one family court judge must be a resident of one of the counties which does not have the largest population in the 8 circuit. In the ninth circuit, both counties in the circuit must have at least two resident family court judges. 9 No county in the sixth circuit shall have more than one resident family court judge." 10 11 C. Those additional circuit court and family court judges authorized by the provisions of subsections (A) and (B) of this 12 section shall take office May 17, 1998, and the Judicial Merit Selection Commission on the effective date of this section 13 shall begin the process of nominating candidates for these offices and the General Assembly shall then elect such judges 14 from the nominees of the commission so that these judges may take office on May 17, 1998." 15 16 SECTION 28 17 18 TO AMEND SECTION 9-8-120, AS AMENDED, OF THE 1976 CODE, RELATING TO THE RETURN OF 19 BENEFICIARIES TO STATE SERVICE AND THE PRACTICE OF LAW FOR MEMBERS OF THE 20 RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO FURTHER PROVIDE FOR THE 21 MANNER IN WHICH A RETIRED JUDGE OR JUSTICE MUST MAKE AN ELECTION TO PRACTICE LAW 22 OR BE ELIGIBLE FOR APPOINTMENT TO SERVE IN THE COURTS OF THIS STATE AND TO PROVIDE 23 THAT AN ELECTION TO PRACTICE LAW IS IRREVOCABLE. 24 25 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: 26 27 "(4) A justice or judge drawing retirement compensation who engages in the practice of law may not serve as a 28 justice or judge in any court in this State. Within thirty days of his retirement under this chapter, a retired judge or justice 29 shall make an irrevocable election as to whether he wishes to engage in the practice of law or be eligible for appointment 30 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 31 irrevocable and he may not thereafter be appointed by the Chief Justice to serve as a justice or judge in the courts of this 32 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 33 practice law, he may at any time thereafter change such election and decide to engage in the practice of law, at which point 34 his decision becomes irrevocable." 35 36 B. This section takes effect July 1, 1997. 37 38 SECTION 29 39
PART II PAGE 569 1 DELETED 2 3 SECTION 30 4 5 TO AMEND SECTION 2-51-10 OF THE 1976 CODE, RELATING TO THE JOINT LEGISLATIVE STUDY 6 COMMITTEE ON THE AGING, SO AS TO REQUIRE COMMITTEE STAFF SUPPORT TO BE PROVIDED BY 7 THE STATE REORGANIZATION COMMISSION AND TO DELETE THE AUTHORIZATION FOR MILEAGE, 8 SUBSISTENCE, AND PER DIEM FOR MEMBERS AND THE REFERENCE TO THE COMMITTEE'S ANNUAL 9 APPROPRIATION. 10 11 A. Section 2-51-10 of the 1976 Code is amended to read: 12 13 "Section 2-51-10. There is created a permanent committee to conduct continuing studies of public and private services, 14 programs, and facilities for the Aging in South Carolina and report its findings and recommendations annually to the General 15 Assembly. Three members shall must be appointed from the Senate by the President thereof, three members shall must be 16 appointed from the House of Representatives by the Speaker, and three members shall must be appointed by the Governor. 17 Terms of legislative members shall be are coterminous with the term of the appointing Governor. Members of the 18 committee shall receive mileage, per diem, and subsistence as provided by law for members of boards, committees and 19 commissions. Expenses of the committee shall be provided by an annual appropriation in the General Appropriation 20 Appropriations Act. The Legislative Council shall provide such legal services as the committee may require in the 21 performance of its duties. From funds appropriated to the State Reorganization Commission in the General Appropriations 22 Act for Fiscal Year 1997-98 and subsequent years, the commission shall provide all other staff support for the committee." 23 24 B. This section takes effect July 1, 1997. 25 26 SECTION 31 27 28 TO AMEND THE 1976 CODE BY ADDING SECTION 59-130-35 SO AS TO AUTHORIZE THE BOARD OF 29 TRUSTEES OF THE COLLEGE OF CHARLESTON, WITH THE CONSENT OF THE BUDGET AND CONTROL 30 BOARD, TO SELL REMLEY'S POINT WHICH IT OWNS IN CHARLESTON COUNTY DURING FISCAL 31 YEAR 1997-98 OR THEREAFTER, AND TO PROVIDE THAT CERTAIN FUNDS APPROPRIATED TO THE 32 COLLEGE IN SECTION 18E, PART I OF THIS ACT, AFTER THIS PROPERTY IS SOLD SHALL BE USED 33 FOR THE PURPOSE OF ACQUIRING THROUGH LEASE OR PURCHASE ADDITIONAL REAL AND 34 PERSONAL PROPERTY IN CHARLESTON COUNTY WHICH SHALL BE USED FOR ATHLETIC, 35 INTRAMURAL, OR SPORTS PROGRAMS OF THE COLLEGE, AND TO PROVIDE THAT THE PROCEEDS 36 DERIVED FROM THIS SALE SHALL BE RETAINED BY THE COLLEGE AND USED TO REIMBURSE THE 37 APPROPRIATION WHICH WAS USED TO FUND THIS PURCHASE. 38
PART II PAGE 570 1 A. The 1976 Code is amended by adding: 2 3 "Section 59-130-35. (A) Pursuant to item (4) of Section 59-130-30, the board of trustees of the College of Charleston, 4 with the consent of the Budget and Control Board, is authorized to sell Remley's Point which it owns in Charleston County 5 during fiscal year 1997-98 or thereafter for such price and under such terms and conditions as the board considers 6 appropriate. The funds appropriated to the college for other operating expenses on line 13, Section 18E, Part I of this act, 7 after this property is sold shall be used by the college for the purpose of acquiring through lease or purchase additional real 8 and personal property in Charleston County which shall be used for athletic, intramural, or sports programs of the college. 9 The proceeds derived from this sale shall be retained by the college and used to reimburse the appropriation which was used 10 as provided above to fund this purchase. 11 (B) Remley's Point for purposes of this section is described as follows: 12 13 All that certain piece, parcel or tract of land, situate, lying and being in Christ Church Parish in the County of 14 Charleston, State aforesaid, containing 17.32 acres of highland and 15 acres of marshlands, be the same more or 15 less, more particularly shown and delineated on a plat thereof entitled Plat of 17.32 acres in Christ Church Parish, 16 Charleston County, State aforesaid conveyed by the Estates of W. A. Leland and W. R. Bonsal to the College of 17 Charleston', surveyed August 6, 1975, by W. L. Gaillard, Surveyor.' 18 19 The property is further identified on Charleston County Tax Map 514-05-00 as parcel number 6." 20 21 SECTION 32 22 23 TO AMEND SECTION 56-3-2350, AS AMENDED, OF THE 1976 CODE, RELATING TO TRANSPORTER 24 MOTOR VEHICLE LICENSE PLATES, SO AS TO LIMIT THEIR USE TO MOVEMENT OF MOTOR 25 VEHICLES FROM A MANUFACTURER TO A DEALER OR DISTRIBUTOR, IN CONNECTION WITH THE 26 CONSTRUCTION OF VEHICLE CABS OR BODIES, AND MOVING FORECLOSED OR REPOSSESSED 27 VEHICLES AND TO PROHIBIT THE USE OF THESE PLATES ON VEHICLES LOANED, RENTED, OR 28 LEASED TO EMPLOYEES OF THE TRANSPORTER OR ANY OTHER INDIVIDUALS; TO AMEND SECTION 29 56-19-220, RELATING TO EXEMPTIONS FROM MOTOR VEHICLE TITLING REQUIREMENTS, SO AS TO 30 EXEMPT CERTAIN VEHICLES USED BY AN AUTOMOBILE MANUFACTURER IN ITS EMPLOYEE 31 BENEFIT PROGRAM OR FOR TESTING AND PROMOTIONAL PURPOSES; AND BY ADDING SECTION 32 56-3-2332 SO AS TO AUTHORIZE THE DEPARTMENT OF PUBLIC SAFETY TO ISSUE REGULAR LICENSE 33 PLATES FOR CERTAIN VEHICLES USED IN AN AUTOMOBILE MANUFACTURER'S EMPLOYEE BENEFIT 34 PROGRAM OR FOR TESTING AND PROMOTIONAL PURPOSES, TO PROVIDE AN ANNUAL FEE OF SIX 35 HUNDRED NINETY SEVEN DOLLARS AND FORTY-SIX CENTS FOR THESE PLATES, AND TO PROVIDE 36 FOR THE DISTRIBUTION OF THE FEE REVENUE, AND TO PROVIDE FOR REEVALUATING THE 37 ANNUAL FEE. 38
PART II PAGE 571 1 (A) Section 56-3-2350 of the 1976 Code, as amended by Act 497 of 1994, is further amended to read: 2 3 "Section 56-3-2350. A person engaged in a the business of limited operation of motor vehicles to facilitate the 4 manufacture or the movement of vehicles from a manufacturer to a dealer or distributor, or for the movement of vehicles 5 to further the construction of cabs or bodies, or in connection with the foreclosure or repossession of these motor vehicles 6 may apply to the department for special registration to be issued to and used by the person upon the following conditions: 7 (1) The application must be in a form prescribed by the department to include the applicable liability insurance as 8 prescribed by statute and filed with the department each year. The application must include the name and residence address 9 of the applicant as follows: 10 (a) if an individual, the name under which he intends to conduct business; 11 (b) if a partnership, the name and residence address of each member of the partnership and the name under which 12 the business is to be conducted; 13 (c) if a corporation, the name and company addresses of the corporation and the name and residence address of 14 each of its officers. 15 (2) The application must be certified by the applicant and by an agent of the department to verify the facts set forth 16 in the application. 17 (3) The annual fee for registration is fifty dollars, plus an annual fee of ten dollars for each license plate. 18 (4) License plates authorized by this section must not be used on vehicles that are loaned, rented, or leased by the 19 licensed transporter to employees or any other individuals." 20 21 (B) Section 56-19-220 of the 1976 Code is amended by adding at the end: 22 23 "(10) A vehicle used by its manufacturer in a benefit program for the manufacturer's employees. 24 (11) A vehicle used by its manufacturer for testing, distribution, evaluation, and promotion, subject to the limitation 25 in Section 56-3-2332(B)(2)." 26 27 (C) Article 25, Chapter 3, Title 56 of the 1976 Code is amended by adding: 28 29 "Section 56-3-2332. (A) Upon application and payment of the required fee, the department may issue a standard 30 license plate to a manufacturer for vehicles it has manufactured and which are used in a benefit program for the 31 manufacturer's employees or used by the manufacturer for testing, distribution, evaluation, and promotion. 32 (B) The annual registration fee for this plate is six hundred ninety-seven dollars and forty-six cents. 33 (1) The plates issued in connection with an employee benefit program may be used only on vehicles provided for 34 the applicant's employees. In the application, the manufacturer shall notify the department in which county the employee 35 assigned the vehicle resides. Twenty dollars of the fee must be credited to the general fund of the State and six hundred 36 seventy-seven dollars and forty-six cents must be remitted to the county noted on the application. Amounts received by a 37 county pursuant to this subsection must be credited to the accounts of taxing entities in the county as if it were a county 38 property tax and are instead of state sales or use taxes. If the employee resides outside this State, the fee must be credited
PART II PAGE 572 1 pro rata to all other counties due amounts under this section. The names and addresses of the employees are not required 2 to be submitted to the department, but the department may require the documentation it determines necessary to ensure 3 compliance with the provisions of this section. 4 (2) The plates issued in connection with testing, distribution, evaluation, and promotion, not to exceed fifty plates, 5 may be used only for those purposes. Twenty dollars of the fee must be credited to the general fund of the State and six 6 hundred seventy-seven dollars and forty-six cents must be remitted to the county in which the principal facility of the 7 manufacturer is located. Amounts received by a county pursuant to this subsection must be credited to the accounts of 8 taxing entities in the county as if it were a county property tax and are instead of state sales or use taxes. The department 9 may require the documentation it determines necessary to ensure compliance with the provisions of this subsection. 10 (C) The annual registration fee provided for in this section is derived by computing the average price of the vehicle 11 manufacturer's fleet times the property tax rate times the state's average millage rate. Before December thirty-first of each 12 odd numbered year, the manufacturer shall review the average price of its fleet and submit the cost to the House Ways and 13 Means Committee and the Senate Finance Committee. The annual registration fee must be adjusted to reflect changes in 14 the average cost of the manufacturer's fleet, the state's average millage rate, and the property tax rate. Any adjustment must 15 be reflected in the annual appropriations act." 16 17 SECTION 33 18 19 DELETED 20 21 SECTION 34 22 23 DELETED 24 25 SECTION 35 26 27 DELETED 28 29 SECTION 36 30 31 TO AMEND SECTION 8-21-310, AS AMENDED, OF THE 1976 CODE, RELATING TO THE SCHEDULE OF 32 FEES TO BE COLLECTED BY CLERKS OF COURT AND REGISTERS OF MESNE CONVEYANCES, SO AS 33 TO INCREASE THE FEE FOR FILING COMPLAINTS OR PETITIONS IN CIVIL ACTIONS IN A COURT OF 34 RECORD FROM FIFTY-FIVE DOLLARS TO SEVENTY DOLLARS; BY ADDING SECTION 14-1-204 SO AS 35 TO PROVIDE FOR THE MANNER IN WHICH THE ABOVE SEVENTY DOLLAR FILING FEE SHALL BE 36 DISTRIBUTED; AND TO AMEND SECTION 14-1-205, RELATING TO THE DISPOSITION OF CERTAIN 37 COSTS, FEES, AND FINES GENERATED BY THE CIRCUIT COURT AND FAMILY COURT, SO AS TO
PART II PAGE 573 1 PROVIDE THAT THE ABOVE SEVENTY DOLLAR FILING FEE IS NOT SUBJECT TO THE DISPOSITION 2 PROVISIONS OF THIS SECTION. 3 4 A. Section 8-21-310(11)(a) of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read: 5 6 "(11)(a) For filing first complaint or petition, including application for a remedial and prerogative writ and bond on 7 attachment or other bond, in a civil action or proceeding, in a court of record, fifty-five seventy dollars. There is no further 8 fee for filing an amended or supplemental complaint or petition nor for filing any other paper in the same action or 9 proceeding. An original application for postconviction relief may be filed without fee upon permission of the court to which 10 the application is addressed. There is no further fee for entering and filing a verdict, judgment, final decree, or order of 11 dismissal, and enrolling a judgment thereon, for signing, sealing, and issuance of execution, or for entering satisfaction or 12 partial satisfaction on a judgment." 13 14 B. The 1976 Code is amended by adding: 15 16 "Section 14-1-204. The seventy dollar filing fee for documents and actions described in Section 8-21-310(11)(a) must 17 be remitted to the county in which the proceeding is instituted and fifty-six percent of these filing fee revenues must be 18 delivered to the county treasurer to be remitted monthly by the fifteenth day of each month to the State Treasurer. When 19 a payment is made to the county in installments, the State's portion must be remitted to the State Treasurer by the county 20 treasurer on a monthly basis. 21 The fifty-six percent of the seventy dollar fee prescribed in Section 8-21-310(11)(a) remitted to the State Treasurer must 22 be deposited as follows: 23 (1) 45.03 percent to the state general fund; 24 (2) 10.33 percent to the Department of Mental Health to be used exclusively for the treatment and rehabilitation 25 of drug addicts within the department's addiction center facilities; 26 (3) 6.38 percent to the State Office of Victim Assistance under the South Carolina Victim's Compensation Fund; 27 and 28 (4) 38.26 percent to the Defense of Indigents Per Capita Fund, administered by the Commission on Indigent 29 Defense, which shall then distribute these funds on December thirty-first and on June thirtieth of each year to South Carolina 30 organizations that are grantees of the Legal Services Corporation, in amounts proportionate to each recipient's share of the 31 state's poverty population." 32 33 C. Section 14-1-205 of the 1976 Code, as added by Part II, Section 36A, Act 497 of 1994, is amended to read: 34 35 "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- 36 six percent of all costs, fees, fines, penalties, forfeitures, and other revenues generated by the circuit courts and the family 37 courts, except the seventy dollar filing fee prescribed in Section 8-21-310(11)(a) must be remitted to the county in which 38 the proceeding is instituted and 44 forty-four percent of the revenues must be delivered to the county treasurer to be remitted
PART II PAGE 574 1 monthly by the fifteenth day of each month to the State Treasurer on forms and in a manner prescribed by him. When a 2 payment is made to the county in installments, the state's portion must be remitted to the State Treasurer by the County 3 Treasurer on a monthly basis. The 44 forty-four percent remitted to the State Treasurer must be deposited as follows: 4 (1) 72.93 percent to the general fund; 5 (2) 16.73 percent to the Department of Mental Health to be used exclusively for the treatment and rehabilitation 6 of drug addicts within the department's addiction center facilities; 7 (3) 10.34 percent to the State Office of Victim Assistance under the South Carolina Victim's Compensation Fund. 8 In any court, when sentencing a person convicted of an offense which has proximately caused physical injury or death 9 to the victim, the court may order the defendant to pay a restitution charge commensurate with the offense committed, not 10 to exceed ten thousand dollars, to the Victim's Compensation Fund." 11 12 D. This section takes effect July 1, 1997. 13 14 SECTION 37 15 16 TO AMEND THE 1976 CODE BY ADDING SECTION 56-5-2995 SO AS TO IMPOSE AN ADDITIONAL 17 ASSESSMENT OF TWELVE DOLLARS ON PERSONS CONVICTED OF A FIRST OFFENSE IN 18 MAGISTRATE'S OR MUNICIPAL COURT OF DRIVING UNDER THE INFLUENCE OF INTOXICATING 19 LIQUORS OR DRUGS AND TO IMPOSE AN ADDITIONAL ASSESSMENT OF TWELVE DOLLARS ON 20 PERSONS CONVICTED OF A SECOND OR SUBSEQUENT DUI OFFENSE OR A FELONY DUI OFFENSE IN 21 GENERAL SESSIONS COURT; AND TO ADD SECTION 14-1-201 SO AS TO PROVIDE FOR THE MANNER 22 IN WHICH THESE TWELVE DOLLAR ASSESSMENTS MUST BE DISTRIBUTED AND USED. 23 24 A. The 1976 Code is amended by adding: "Section 56-5-2995.(A) In addition to the penalties imposed for a first offense 25 violation of Section 56-5-2930 in magistrate's or municipal court, an additional assessment of twelve dollars must be added 26 to any punishment imposed which must be remitted to the State Treasurer who shall then distribute such twelve dollar 27 assessments in the manner provided in Section 14-1-201. 28 (B) In addition to the penalties and assessments imposed for a second or subsequent violation of Section 56-5-2930 29 or a violation of Section 56-5-2945 in general sessions court, an additional assessment of twelve dollars must be added to 30 any punishment imposed which must be remitted to the State Treasurer who shall then distribute such twelve dollar 31 assessments in the manner provided in Section 14-1-201." 32 33 B. The 1976 Code is amended by adding: 34 35 "Section 14-1-201. The revenue from the twelve dollar additional assessments imposed pursuant to Section 36 56-5-2995 must be distributed as follows: 37 (1) eighty-four percent to the Department of Disabilities and Special Needs for the Head and Spinal Cord Injuries 38 Family Support Program; and
PART II PAGE 575 1 (2) sixteen percent to the Department of Health and Environmental Control for Emergency Medical Services - Aid 2 to Counties, restricted." 3 4 C. This section takes effect July 1, 1997. 5 6 SECTION 38 7 8 DELETED 9 10 SECTION 39 11 12 TO AMEND ACT 152 OF 1995 RELATING TO THE SOUTH CAROLINA COMMISSION ON SPORTING DOGS 13 AND FIELD TRIALS SO AS TO REQUIRE THE COMMISSION TO DEVELOP FEES FOR FACILITY USE AND 14 DOG ENTRIES IN ORDER TO ENABLE THE H. COOPER BLACK, JR. MEMORIAL FIELD TRIAL 15 RECREATIONAL AREA TO BE SELF-SUSTAINING AND TO PROVIDE FOR AND TO REQUIRE A REPORT 16 ON THE COLLECTION AND USE OF THESE FEES. 17 18 Section 1. (C) Act 152 of 1995 is amended by adding at the end: 19 20 The Sstate plan shall include a fee schedule including, but not limited to a facility use fee, dog entry fees, and any other 21 fees the commission deems necessary to enable the H. Cooper Black, Jr. Memorial Field Trial and Recreational area to be 22 self-sustaining beginning July 1, 1999. 23 These fees are in addition to the utility fee charged by the S. C. Forestry Commission. Revenue received will be 24 deposited in the H. Cooper Black, Jr. Memorial Field Trial and Recreational Area line item within the S. C. Forestry's 25 Commission's budget and will be used cooperatively with the Department of Natural Resources and Parks, Recreation and 26 Tourism for personal service funds, infrastructure, maintenance, enhancement and operation of the field trial area program 27 in conjunction with the commission. A report of fees collected and disbursements made during FY 97-98 must be made 28 to the Senate Finance Committee and the House Ways and Means Committee by August 31, 1998. 29 30 SECTION 40 31 32 DELETED 33 34 SECTION 41 35 36 DELETED 37 38 SECTION 42 39
PART II PAGE 576 1 TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-470, SO AS TO PROHIBIT A CONSTITUTIONAL 2 OFFICER FROM EXPENDING MONIES APPROPRIATED BY THE GENERAL ASSEMBLY TO PURCHASE 3 SPACE INCLUDING, BUT NOT LIMITED TO, NOTICES OR ADVERTISEMENTS, IN A PRINT MEDIUM OR 4 TIME FROM A RADIO OR TELEVISION MEDIUM WITHOUT UNANIMOUS PRIOR WRITTEN APPROVAL 5 OF THE STATE BUDGET AND CONTROL BOARD; TO PROHIBIT A CONSTITUTIONAL OFFICER FROM 6 HAVING PRINTED ON, OR DISTRIBUTED WITH, EXTRANEOUS PROMOTIONAL MATERIAL AND FROM 7 PURCHASING PLAQUES, AWARDS, CITATIONS, OR OTHER RECOGNITIONS WITHOUT PRIOR 8 UNANIMOUS WRITTEN APPROVAL OF THE STATE BUDGET AND CONTROL BOARD; AND TO REQUIRE 9 CONSTITUTIONAL OFFICERS EXPENDING NONPUBLIC FUNDS TO SUBMIT THE SOURCE OF THE 10 FUNDS SHOWING ALL CONTRIBUTORS TO THE STATE BUDGET AND CONTROL BOARD; AND TO 11 PROVIDE EXCEPTIONS. 12 13 A. The 1976 Code is amended by adding: 14 15 Section 1-11-470. (A) No funds appropriated by the General Assembly may be used by a Constitutional officer to 16 purchase space including, but not limited to, notices or advertisements, in a print medium or time from a radio or television 17 medium without unanimous prior written approval of the State Budget and Control Board. 18 (B) No funds appropriated by the General Assembly may be used by a constitutional officer to print on, or distribute 19 with, official documents extraneous promotional material or to purchase plaques, awards, citations, or other recognitions 20 without unanimous prior written approval of the Budget and Control Board. 21 (C) If nonpublic funds are used for the purposes enumerated in subsection (A) the Constitutional officer expending 22 the funds, must submit the source of the funds showing all contributors, to the State Budget and Control Board before the 23 funds are expended. 24 (D) The provisions of this section do not apply to the Governor or General Assembly. 25 26 B. Of the funds appropriated to the Budget and Control Board - Division of Operations for the Office of General Services 27 in the annual appropriations act for 1997-98 and subsequent years for administration, other operating expenses, and 28 classified positions, sufficient funds must be used to provide staff to review and make recommendations to the State Budget 29 and Control Board for approval of a constitutional officer's plan. 30 31 C. This section is effective July 1, 1997. 32 33 SECTION 43 34 35 TO AMEND SECTIONS 12-4-380 AND 12-54-240 OF THE 1976 CODE, RELATING TO REQUIREMENT THAT 36 THE DEPARTMENT OF REVENUE REPORT TO THE GENERAL ASSEMBLY ALL TAX LIABILITIES 37 REDUCED BY ORDER OF THE DIRECTOR, SO AS TO REQUIRE THE REPORT BE MADE TO THE
PART II PAGE 577 1 CHAIRMEN OF THE SENATE FINANCE AND HOUSE WAYS AND MEANS COMMITTEES AS TO TAX 2 LIABILITIES REDUCED BY ORDER OF THE DIRECTOR. 3 4 A. Section 12-4-380 of the 1976 Code, as added by Section 99A, Part II, Act 458 of 1996, is amended to read: 5 6 "Section 12-4-380. Within thirty days of final settlement, the department annually shall report to the General 7 Assembly on the revenue impact of policy documents prescribed, amended, or revoked in the most recently completed fiscal 8 year and in the report shall provide detail on Chairman of the Senate Finance Committee and the Chairman of the House 9 Ways and Means Committee, the details of all tax liabilities reduced by order of the director." 10 11 B. Section 12-54-240(B) of the 1976 Code is amended by adding a new item at the end: 12 13 "(18) disclosure of information to the Chairman of the Senate Finance Committee and Chairman of the House Ways 14 and Means Committee pursuant to Section 12-4-380." 15 16 C. This section takes effect July 1, 1997. 17 18 SECTION 44 19 20 TO AMEND SECTION 12-37-935 OF THE 1976 CODE, RELATING TO DEPRECIATION ALLOWED IN 21 CALCULATING THE VALUE OF CERTAIN EQUIPMENT FOR PURPOSES OF PROPERTY TAX, SO AS TO 22 PHASE IN THE ADDITIONAL DEPRECIATION ALLOWED OVER FOUR RATHER THAN THREE YEARS. 23 24 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: 25 26 "(A) Except as provided in Section 12-37-930 for custom molds and dies used in the conduct of manufacturing 27 electronic interconnection component assembly devices for computers and computer peripherals, and equipment used in 28 the manufacture of tires by manufacturers who employ more than five thousand employees in this State and have over one 29 billion dollars in capital investment in this State, the original cost must not be reduced more than the percentage provided 30 in the following schedule: 31 32 Property Tax Year Maximum Percentage Depreciation 33 Before 1997 80 percent 34 1997 83.3 81.65 percent 35 1998 86.6 84.43 percent 36 1999 87.21 percent 37 After 1998 1999 90 percent." 38
PART II PAGE 578 1 B. This section is effective for property tax years beginning after 1996. 2 3 SECTION 45 4 5 TO AMEND SECTION 61-6-2010, AS AMENDED, OF THE 1976 CODE, RELATING TO SUNDAY MINIBOTTLE 6 SALES, SO AS TO CLARIFY THAT BOTH FILING AND PERMIT FEES MUST BE DISTRIBUTED TO THE 7 AFFECTED COUNTIES AND MUNICIPALITIES FOR THE PURPOSES ALLOWED BY LAW. 8 9 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 10 further amended to read: 11 12 "(1) The filing and permit fees must be distributed to the municipality or county in which the retailer who paid the 13 fee is located. The revenue may be used only by the municipality or county for the following purposes:" 14 15 B. This section has the same effective date as provided in Section 24B of Act 462 of 1996. 16 17 SECTION 46 18 19 TO AMEND THE 1976 CODE BY ADDING SECTION 23-6-95, SO AS TO PROVIDE THAT A PORTION OF THE 20 DEPARTMENT OF PUBLIC SAFETY'S ANNUAL APPROPRIATION MUST BE TRANSFERRED TO 21 MIDLANDS TECHNICAL COLLEGE TO FUND THE MOTORCYCLE RIDER SAFETY EDUCATION 22 PROGRAM. 23 24 A. The 1976 Code is amended by adding: 25 26 "Section 23-6-95. One hundred thousand dollars of the Department of Public Safety's annual appropriation from the 27 General Assembly must be transferred to Midlands Technical College to fund the Motorcycle Rider Safety Education 28 Program." 29 30 B. This section takes effect on July 1, 1997. 31 32 SECTION 47 33 34 TO AMEND SECTION 24-3-960, AS AMENDED, OF THE 1976 CODE, RELATING TO THE UNLAWFUL 35 POSSESSION OF MONIES BY CERTAIN PRISONERS AND THEIR SEIZURE AND RETENTION BY THE 36 DEPARTMENT OF CORRECTIONS, SO AS TO PROVIDE THAT MONIES SEIZED MUST BE USED TO AID 37 DRUG INTERDICTION EFFORTS UNDERTAKEN BY THE DEPARTMENT. 38
PART II PAGE 579 1 A. Section 24-3-960 of the 1976 Code, as last amended by Act 181 of 1993 is further amended to read: 2 3 "Section 24-3-960. Any moneys Monies or tokens or things of like nature used as money found in the unlawful 4 possession of any a prisoner confined in a penal institution under control of the Department of Corrections are hereby 5 declared to be is contraband, and any moneys monies or tokens or things of like nature used as money so seized shall must 6 be deposited in the welfare a fund maintained by the department of the institution in which the prisoner is confined and shall 7 be is the property of such welfare the fund. This fund must be used to aid drug interdiction efforts undertaken by the 8 department." 9 10 B. This section takes effect July 1, 1997. 11 12 SECTION 48 13 14 TO AMEND SECTION 44-56-460 OF THE 1976 CODE, RELATING TO THE ESTABLISHMENT OF 15 PRIORITIES FOR REHABILITATION AT CONTAMINATED DRY CLEANING FACILITIES OR SUPPLY 16 SITES, SO AS TO REVISE THE LIMIT ON FUNDS THAT MAY BE EXPENDED AT ANY ONE SITE. 17 18 A. Section 44-56-460(C) of the 1976 Code, as added by Act 119 of 1995, is amended to read: 19 20 "(C) The department may not expend from the fund yearly more than five percent of the average collected annual 21 balance of the fund or two hundred thousand dollars, whichever is greater, to pay for the costs at any one eligible site for 22 the activities described in Section 44-56-420(B)." 23 24 B. The amendments to Section 44-56-460(C), as contained in subsection (A) of this section, are effective until Section 25 44-56-460 is repealed as provided for in Act 119 of 1995. 26 27 C. This section takes effect July 1, 1997. 28 29 SECTION 49 30 31 TO AMEND THE 1976 CODE BY ADDING SECTION 1-1-1045 SO AS PROHIBIT A STATE AGENCY OR 32 INSTITUTION FROM EXPENDING PUBLIC FUNDS ON PRINTING AND POSTAGE FOR NEWSLETTERS 33 WITHOUT FIRST OBTAINING A WAIVER FROM THE STATE BUDGET AND CONTROL BOARD AND TO 34 PROVIDE FOR WAIVER CONSIDERATIONS. 35 36 A. Article 15, Chapter 1, Title 1 of the 1976 Code is amended by adding: 37
PART II PAGE 580 1 "Section 1-1-1045. A state agency, excluding institutions of higher education, shall not expend public funds, 2 appropriated in the annual appropriation bill or any supplemental appropriation bills for newsletter printing and postage 3 without first obtaining a waiver from the State Budget and Control Board." 4 5 B. This section take effect July 1, 1997. 6 7 SECTION 50 8 9 TO AMEND SECTION 12-28-2740(A) OF THE 1976 CODE, RELATING TO DISTRIBUTION OF MOTOR FUEL 10 TAX PROCEEDS AMONG COUNTIES, SO AS TO CHANGE THE DATE FOR SUBMISSION OF THE 11 PERCENTAGE REPRESENTED BY EACH COUNTY FROM MARCH 31 TO MAY 1 AND TO PROVIDE A 12 TRANSITION SCHEDULE. 13 14 A. Section 12-28-2740(A) of the 1976 Code, as added by Act 136 of 1995, is amended to read: 15 16 "(A) The proceeds from two and sixty-six one-hundredths cents a gallon of the tax on gasoline only as levied and 17 provided for in this chapter must be deposited with the State Treasurer and expended for purposes set forth in this section. 18 The monies must be apportioned among the counties of the State in the following manner: 19 (1) one-third distributed in the ratio which the land area of the county bears to the total land area of the State; 20 (2) one-third distributed in the ratio which the population of the county bears to the total population of the State 21 as shown by the latest official decennial census; 22 (3) one-third distributed in the ratio which the mileage of all rural roads in the county bears to the total rural 23 road mileage in the State as shown by the latest official records of the Department of Transportation. The Department of 24 Revenue shall collect the information required pursuant to Section 12-28-2510 12-28-1390 regarding the number of gallons 25 sold in each county for use in making allocations of donor funds as provided in subsection (H). The Department of Revenue 26 shall submit the percentage of the total represented by each county to the Department of Transportation and to each county 27 transportation committee annually by March thirty-first May first of the following calendar year. Upon request of a county 28 transportation committee, the Department of Transportation shall continue to administer the funds allocated to the county. 29 (4) for distribution in 1997, a transitional year as the result of the change of date for reporting the percentages 30 referenced in item (3) to May first, the Department of Transportation shall use the latest data available from the Department 31 of Revenue, which was derived from sales data for the 1995 calendar year. 32 All interest earnings on the County Transportation Fund in the State Treasury must be credited to the State Highway 33 Fund." 34 35 B. This section takes effect upon July 1, 1997. 36 37 SECTION 51 38
PART II PAGE 581 1 TO AMEND SECTION 12-28-2740, AS AMENDED, OF THE 1976 CODE, RELATING TO THE DISTRIBUTION 2 AND USES OF "C" FUND GASOLINE TAX REVENUES, SO AS TO AUTHORIZE A COUNTY LEGISLATIVE 3 DELEGATION BY RESOLUTION TO ABOLISH THE COUNTY TRANSPORTATION COMMITTEE AND 4 DEVOLVE ITS FUNCTIONS ON THE GOVERNING BODY OF THE COUNTY AND TO PROVIDE THAT THIS 5 DEVOLUTION MAY BE REVERSED AND THE COMMITTEE REESTABLISHED PURSUANT TO A 6 SUBSEQUENT DELEGATION RESOLUTION. 7 8 Be it enacted by the General Assembly of the State of South Carolina: 9 10 A. Section 12-28-2740 of the 1976 Code, as last amended by Act 515 of 1996, is further amended by adding an 11 appropriately numbered subsection at the end to read: 12 13 "( ) Notwithstanding other provisions of this section, the legislative delegation of a county may by delegation 14 resolution abolish the county transportation committee and devolve its powers and duties on the governing body of the 15 county. This devolution may be reversed and the county transportation committee reestablished by a subsequent delegation 16 resolution. The exercise of county transportation committee powers and duties by a county governing body is not deemed 17 to constitute dual office holding." 18 19 B. This section takes effect upon approval by the Governor. 20 21 22 23 SECTION 52 24 25 TO AMEND THE 1976 CODE BY ADDING SECTION 2-1-225 SO AS TO PROVIDE THAT CANDIDATES 26 ELECTED BY THE GENERAL ASSEMBLY MUST RECEIVE A MAJORITY OF THE VOTES CAST BY 27 MEMBERS OF THE HOUSE OF REPRESENTATIVES AND A MAJORITY OF THE VOTES CAST BY 28 MEMBERS OF THE SENATE, AND TO PROVIDE THAT FUNDS MAY NOT BE EXPENDED BY EFFECTED 29 ENTITIES UNLESS THE PROVISIONS OF THIS SECTION ARE FOLLOWED. 30 31 A. Chapter 1, Title 2 of the 1976 Code is amended by adding: 32 33 "Section 2-1-225. (A) Notwithstanding any other provision of law, for those offices which are elected in a joint 34 assembly of the General Assembly, in order to be elected and qualified to take office a candidate must receive a majority 35 of the votes cast by the members of the House of Representatives and a majority of the votes cast by members of the Senate. 36 (B) Effective on and after the date for an election occurring after the effective date of this act, no funds may be 37 expended by an agency, department, board, commission whose governing body (in whole or in part) or officials within that 38 particular entity are elected by a joint vote of the General Assembly unless the individual positions scheduled for election
PART II PAGE 582 1 in FY 97-98 and thereafter are elected as provided in this section. The provisions of this section do not apply in FY 97-98 2 to those entities for which elections are not scheduled during the fiscal year." 3 4 B. This section takes effect upon approval by the Governor. 5 6 SECTION 53 7 8 TO AMEND SECTIONS 59-114-30, 59-114-40, AND 59-114-70 OF THE 1976 CODE, RELATING TO THE SOUTH 9 CAROLINA NATIONAL GUARD TUITION ASSISTANCE ACT SO AS TO INCREASE THE AMOUNT 10 QUALIFYING MEMBERS MAY RECEIVE; TO DELETE FROM GRANT ELIGIBILITY ATTENDANCE AT 11 HIGH SCHOOL AND GRADUATE SCHOOL; AND TO REQUIRE TUITION ASSISTANCE PAYMENTS BE 12 PAID AS REIMBURSEMENTS TO GUARD MEMBERS IN GOOD STANDING WHO SUCCESSFULLY 13 COMPLETE THE REQUIRED HOURS OF COURSE WORK AT AN ELIGIBLE INSTITUTION. 14 15 A. Section 59-114-30 of the 1976 Code is amended to read: 16 17 "Section 59-114-30. Qualifying members of the National Guard may receive tuition assistance grants, not to exceed 18 five hundred one thousand dollars per academic year twelve semester hours. No member may qualify for such grants these 19 grants for more than four separate academic years, and a new application must be submitted for each separate academic year 20 for which tuition assistance is sought." 21 22 B. Section 59-114-40 of the 1976 Code is amended to read: 23 24 "Section 59-114-40. Members of the National Guard enrolled or planning to enroll in an eligible institution may apply 25 to the Adjutant General for tuition assistance. To qualify, an applicant must be seeking: 26 (a) be seeking to complete his secondary school education; 27 (b)(1) be seeking trade or vocational training; 28 (c)(2) be seeking to attain a two-year associate degree; 29 (d)(3) be seeking to attain a four-year baccalaureate degree; 30 (e) be seeking to attain a graduate degree. 31 Additionally, an applicant must have a minimum National Guard service obligation of two years beyond the end of 32 the academic period for which tuition is requested, or must agree in writing to formally incur such this obligation upon 33 approval of the tuition assistance grant and must meet those other criteria established by the Adjutant General by regulation 34 promulgated pursuant to this chapter." 35 36 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: 37
PART II PAGE 583 1 "Section 59-114-70. All tuition assistance payments shall must be made directly to the eligible institution for credit 2 to the account of the qualifying member. Eligible institutions receiving tuition assistance payments shall be subject to 3 account to the State Auditor for such monies and the State Auditor shall have authority to examine such record of eligible 4 institutions as are necessary to such accounting qualifying applicant who demonstrates to the Adjutant General successful 5 completion of twelve semester hours or a prorata share of twelve semester hours at an eligible institution as defined by this 6 chapter." 7 8 D. This section takes effect July 1, 1997. 9 10 SECTION 54 11 12 TO AMEND SECTION 16-19-60, OF THE 1976 CODE, RELATING TO THE NONAPPLICATION OF THE 13 GAMBLING OFFENSES TO COIN-OPERATED NONPAYOUT MACHINES WITH A FREE PLAY FEATURE, 14 SO AS TO CLARIFY THAT THIS PROVISION DOES NOT PROHIBIT REGULATION OF THESE MACHINES, 15 INCLUDING THEIR PROHIBITION, PURSUANT TO THE VIDEO GAMES MACHINES ACT AND ITS 16 COUNTY OPTION PROVISIONS; BY ADDING SECTION 12-21-2783 SO AS TO REQUIRE EACH LOCATION 17 OPERATING VIDEO GAME MACHINES TO PROVIDE A LOCATION CONTROLLER AND MODEM 18 MEETING SPECIFIC REQUIREMENTS; BY ADDING SECTION 12-21-2797 SO AS TO PROVIDE CIVIL 19 PENALTIES FOR PERSONS IN POSSESSION OF OR ALLOWING THE OPERATION OF CONTRABAND OR 20 GRAY AREA MACHINES AFTER DECEMBER 31, 1998 AND TO ESTABLISH PROCEDURES UNDER 21 WHICH CONTRABAND OR GRAY AREA MACHINES SHALL BE EXAMINED AND, IF FOUND TO BE A 22 CONTRABAND MACHINE, DESTROYED; TO AMEND SECTION 12-21-2710, RELATING TO THE TYPES 23 OF COIN-OPERATED MACHINES WHICH ARE PROHIBITED BY LAW, SO AS TO FURTHER PROVIDE 24 FOR THE TYPES OF MACHINES TO WHICH THIS SECTION DOES NOT APPLY; TO AMEND SECTION 25 12-21-2720, AS AMENDED, RELATING TO LICENSES FOR COIN-OPERATED DEVICES OR MACHINES, 26 SO AS TO REVISE CERTAIN LICENSE FEES AND FURTHER PROVIDE FOR THE USE OF A PORTION OF 27 SPECIFIED FEES; TO AMEND SECTION 12-21-2772, RELATING TO DEFINITIONS IN REGARD TO THE 28 VIDEO GAME MACHINES ACT, SO AS TO REVISE THE DEFINITION OF "CONTRABAND DEVICE/ 29 EQUIPMENT" OR "GRAY AREA MACHINE"; TO AMEND SECTION 12-21-2774, RELATING TO 30 MECHANICAL REQUIREMENTS OF VIDEO GAME MACHINES, SO AS TO FURTHER PROVIDE FOR 31 THESE MECHANICAL REQUIREMENTS; TO AMEND SECTION 12-21-2776, AS AMENDED, RELATING TO 32 REGISTERING AND LICENSING MACHINES UNDER THE VIDEO GAME MACHINES ACT, SO AS TO 33 DELETE REFERENCES TO REGISTRATION, REVISE CERTAIN DATE REQUIREMENTS FOR METERING 34 DEVICES, AND FURTHER PROVIDE FOR THE INFORMATION WHICH MUST BE FURNISHED TO THE 35 DEPARTMENT OF REVENUE ON A QUARTERLY BASIS CONCERNING EACH LICENSED MACHINE, AND 36 PROVIDE THE TIME WITHIN WHICH SUCH INFORMATION MUST BE FILED; TO AMEND SECTION 37 12-21-2791, RELATING TO LIMITATIONS ON PAYOUTS ON MACHINES AS DEFINED UNDER THE VIDEO 38 GAMES MACHINES ACT, SO AS TO DELETE REFERENCES TO GAMBLING PROVISIONS AND PROVIDE
PART II PAGE 584 1 THAT THE LIMIT ON PAYOUTS TO A PERSON IN A TWENTY-FOUR HOUR PERIOD IS ONE HUNDRED 2 TWENTY-FIVE DOLLARS OVER THE AMOUNT DEPOSITED IN THE MACHINE; TO AMEND SECTION 3 12-21-2782, AS AMENDED, RELATING TO THE REGULATION BY THE DEPARTMENT OF REVENUE OF 4 VIDEO GAME MACHINES, SO AS TO STIPULATE STANDARDS WHICH CERTAIN MACHINES MUST 5 MEET NO LATER THAN DECEMBER 31, 1998, AND PROVIDE THAT ANY SUCH MACHINE NOT 6 MEETING THESE STANDARDS MUST NOT BE LICENSED; TO AMEND SECTION 12-21-2798, RELATING 7 TO THE PROMULGATION OF RULES AND REGULATIONS BY THE TAX COMMISSION CONCERNING 8 THESE MACHINES, SO AS TO CHANGE REFERENCES OF THE "TAX COMMISSION" TO THE 9 "DEPARTMENT OF REVENUE" AND DELETE REFERENCES TO RULES; TO AMEND SECTION 12-21-2804, 10 RELATING TO REGULATION OF VIDEO MACHINES, SO AS TO PROVIDE CIVIL PENALTIES FOR 11 MACHINES LOCATED IN COUNTIES WHERE PAYOUTS ARE PROHIBITED, INCLUDING MONETARY 12 PENALTIES, LICENSE REVOCATION, AND SEIZURE OF MACHINES, PROVIDE FOR THESE PENALTIES 13 TO APPLY IMMEDIATELY AND PROVIDE THE SOLE REMEDY FOR THESE PENALTIES; TO AMEND 14 SECTION 12-21-2808, RELATING TO REFERENDUMS ALLOWED IN COUNTIES ON CONTINUING OR 15 PROHIBITING CASH PAYOUTS, SO AS TO DELETE REFERENCES TO GAMBLING PROVISIONS, DELETE 16 OBSOLETE PROVISIONS, AND MAKE OTHER TECHNICAL REVISIONS; TO AMEND SECTION 12-21-2809, 17 RELATING TO THE PROHIBITIONS ON LICENSING AND LOCATING MACHINES IN NONPAYOUT 18 COUNTIES, SO AS TO DELETE CRIMINAL PENALTIES FOR VIOLATIONS AND SUBJECT VIOLATORS 19 TO THE CIVIL PENALTIES PROVIDED BY THIS ACT AND TO PROVIDE THAT THE PENALTY EXTENDS 20 TO OWNING OR POSSESSING THESE MACHINES; TO PROVIDE THAT COUNTIES IN WHICH A 21 MAJORITY "NO" VOTE WAS CERTIFIED IN THE REFERENDUM PROVIDED PURSUANT TO SECTION 22 12-21-2806 ARE DEEMED TO HAVE MADE THAT CHOICE PURSUANT TO SECTION 12-21-2808, AS 23 AMENDED BY THIS ACT, WITH AUTHORIZATION FOR THE DEPARTMENT OF REVENUE TO ISSUE 24 PRORATED REFUNDS FOR MACHINES LICENSED IN SUCH COUNTIES; AND TO AMEND SECTION 25 12-54-40, AS AMENDED, RELATING TO PENALTIES FOR FAILURE TO COMPLY WITH CERTAIN TAX 26 LAWS, SO AS TO PROVIDE THAT IT IS A FELONY FOR A VIDEO GAME MACHINE OWNER OR 27 DISTRIBUTOR TO ALLOW OR CAUSE A VIDEO GAME MACHINE TO BE OPERATED WITHOUT A 28 METERING DEVICE OR TO WILFULLY PLACE SUCH A MACHINE ON LOCATION WITHOUT A DEVICE, 29 THAT RECORDS THE INFORMATION REQUIRED BY LAW AND TO PROVIDE PENALTIES FOR 30 VIOLATION; AND TO REPEAL SECTIONS 12-21-2796 AND 21-21-2806 RELATING TO THE UNLAWFUL 31 PLACEMENT OR OPERATION OF AN UNMETERED MACHINE AND THE INITIAL REFERENDUM ON 32 CONTINUING CASH PAYOUTS. 33 34 A. Section 16-19-60 of the 1976 Code is amended to read: 35 36 "Section 16-19-60. Nothing in Section 16-19-40 or 16-19-50 shall extend to coin-operated nonpayout machines with 37 a free play feature; provided, that nothing herein shall authorize the licensing, possession, or operation of any machine which 38 disburses money to the player. Nothing in this section prohibits regulation of video games pursuant to Article 20 of Title
PART II PAGE 585 1 12, the Video Games Machines Act, including the prohibition on payoffs and location of these machines in counties where 2 such payouts and machines are prohibited under the local option provisions of that article." 3 4 B. Section 12-21-2710 of the 1976 Code is amended to read: 5 6 "Section 12-21-2710. It is unlawful for any person to keep on his premises or operate or permit to be kept on his 7 premises or operated within this State any vending or slot machine, punch board, pull board, or other device pertaining to 8 games of chance of whatever name or kind, including those machines, boards, or other devices that display different pictures, 9 words, or symbols, at different plays or different numbers, whether in words or figures or, which deposit tokens or coins 10 at regular intervals or in varying numbers to the player or in the machine, but the provisions of this section do not extend 11 to coin-operated nonpayout pin tables, in-line pin games, and video games with free play feature which meet the technical 12 requirements provided for in Section 12-21-2782 and Section 12-21-2783; or to automatic weighing, measuring, musical, 13 and vending machines which are constructed as to give a certain uniform and fair return in value for each coin deposited 14 and in which there is no element of chance. 15 Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not 16 more than five hundred dollars or imprisoned for a period of not more than one year, or both." 17 18 C. Section 12-21-2720 of the 1976 Code, as last amended by Act 145 of 1995, is further amended to read: 19 20 "Section 12-21-2720. (A) Every person who maintains for use or permits the use of, on a place or premises occupied 21 by him, one or more of the following machines or devices shall apply for and procure from the South Carolina Department 22 of Revenue and Taxation a license effective for two years for the privilege of making use of the machine in South Carolina 23 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 24 (2), and three four thousand dollars for each machine in item (3): 25 (1) a machine for the playing of music or kiddy rides operated by a slot or mechanical amusement devices and 26 juke boxes in which is deposited a coin or thing of value. A machine on which an admissions tax is imposed is exempt from 27 the C.O.D. license provisions of this section. 28 (2) a machine for the playing of amusements or video games, without free play feature, or machines of the crane 29 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, 30 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 31 nonpayout pin table type with levers or "flippers" operated by the player by which the course of the balls may be altered 32 or changed. A machine required to be licensed under this item is exempt from the license fee if an admissions tax is 33 imposed. 34 (3) a machine of the nonpayout type, in-line pin game, or video game with free play feature operated by a slot 35 in which is deposited a coin or thing of value except machines of the nonpayout pin table type with levers or flippers' 36 operated by the player by which the course of the balls may be altered or changed. 37 (B) No municipality may limit the number of machines within the boundaries of the municipality. A municipality may 38 by ordinance impose a license fee on machines licensed pursuant to subsection (A)(3) of this section in an amount not
PART II PAGE 586 1 exceeding ten percent of three thousand six hundred dollars of the license fee imposed pursuant to subsection (A) for the 2 equivalent license period. 3 (C) The owner or operator of any coin-operated device which is exempt from Section 16-19-60 and is subject to 4 licensing under Section 12-21-2720(A)(3) and which has multi-player stations, shall purchase a separate license for each 5 such station and any such multi-player station counts as a machine when determining the number of machines authorized 6 for licensure under Section 12-21-2804(A). 7 (D) A county may by ordinance impose a license fee on machines licensed pursuant to subsection (A)(3) of this section 8 located in an unincorporated area of the county in an amount not exceeding ten percent of three thousand six hundred dollars 9 of the regular license fee imposed pursuant to subsection (A) for the equivalent license period. 10 (E) The department shall not issue a license for the operation of a video game with a free play feature which is located 11 or intended to be located on a watercraft or vessel plying the territorial waters of this State. 12 (F) Four hundred dollars of the four thousand dollar license fee imposed in subsection (A) may be retained by the 13 department and expended in budgeted operations for the implementation and ongoing operation of the monitoring system 14 required by law or in other programs and services as the director may determine necessary and appropriate." 15 16 D. Section 12-21-2772(9) of the 1976 Code, as added by Act 164 of 1993, is amended to read: 17 18 "(9) Contraband device/equipment' or gray area machine' means any unlicensed machine not meeting the 19 requirements of Section 12-21-2782 and Section 12-21-2783." 20 21 E. Section 12-21-2774(3) of the 1976 Code, as added by Act 164 of 1993, is amended to read: 22 23 "(3) must have a commission approved one or more metering device devices that keeps keep a record of all cash (total 24 coin coins accepted, total bills accepted, and total credit generated by the coin and bill acceptor acceptors) inserted or 25 deposited into the machine, credits played for video games, and credits won by video players and refunds payments of 26 winnings and other information as prescribed by the department;" 27 28 F. Section 12-21-2776 of the 1976 Code, as last amended by Act 145 of 1995, is further amended to read: 29 30 "Section 12-21-2776. (A) All machines must be registered and licensed by the commission under procedures and 31 guidelines issued by the commission department. 32 (B) By July 1, 1998, all machines registered and licensed by the department must be equipped with a department 33 approved metering device. Each machine owner, operator, or licensed establishment must establish and implement cash 34 controls and beginning January 1, 1996, shall report to the department on a quarterly basis the following information for 35 each machine: 36 (1) name and address of location of the machine; 37 (2) denomination, whether five cents, twenty-five cents, etc., of game; 38 (3) the name of the game;
PART II PAGE 587 1 (4) the name of the individual collecting money from the machine or the owner of the machine; 2 (5) the date of collection; 3 (6) the date of previous collection; 4 (7) income number at commencement of reporting period; 5 (8) income number at the end of the reporting period; 6 (9) beginning payout number; 7 (10) ending payout number; 8 (11) refunds payout to players; 9 (12) gross profit; 10 (13) the percentage of net profits divided between owner and location. 11 This report must be filed with the department by the twentieth of the month following the end of the calendar quarter." 12 13 G. Section 12-21-2782 of the 1976 Code, as last amended by Act 145 of 1995, is further amended to read: 14 15 "Section 12-21-2782. (A)(1) The Department of Revenue and Taxation shall promulgate rules and regulations 16 regarding the types of machines that may be licensed providing for minimum technical standards for video game machines, 17 including standards to ensure that the games are random, have a minimum payback of at least eighty percent, are secure and 18 accountable, do not operate in a misleading or deceptive manner, and are capable of interfacing with a computerized 19 monitoring system to be selected by the department. The regulations may also provide for the payment of the cost associated 20 with the inspection and licensing of machines and investigation and licensing of manufacturers and distributors in the 21 development of these technical standards. The department may contract with a qualified laboratory for the inspection of 22 machines and may impose the cost of inspection upon the manufacturer or distributor seeking approval of the machines. 23 All video game machines licensed in this State on or after June 1, 1998, must be in compliance with all rules and regulations, 24 including the minimum technical standards. 25 (2) The technical standards established by the department must be designed so as to maximize competition in the 26 market place among manufacturers of machines to be licensed by the department. Any computerized monitoring system 27 purchased, leased, or operated by the department pursuant to subsection (B) must provide that all game machines meeting 28 the technical standards must be connected in a non-discriminatory manner. 29 (B) The department may contract for the purchase, lease, or operation of a computer monitoring system to which video 30 game machines must be connected no later than July 1, 1998. The system shall provide for monitoring of the video game 31 machines either through the use of an on-line system or the use of a dial-up system with cluster controllers, remote EPROM 32 verification, ticket validation, central registration of machines, daily collection of accounting and security data, and the 33 ability to disable a machine in the event of a violation of any material rule or regulation, such violation having been 34 determined to have occurred after a hearing or an opportunity for a hearing pursuant to the Administrative Procedures Act. 35 Any system used by the department must be compatible for connection with any machine that meets the technical 36 requirements established by the department. 37 All video game machines licensed under Section 12-21-2720(A)(3), no later than December 31, 1998, must:
PART II PAGE 588 1 (1) have games that are random and have a minimum payback of at least eighty percent in which the theoretical 2 payout percentage is determined using standard methods of probability theory; 3 (2) be secure and accountable; 4 (3) not operate in a misleading or deceptive manner; and 5 (4) be capable of interfacing with a computerized monitoring system to be selected by the department. 6 The technical standards established by the department must be designed so as to maximize competition in the market 7 place among manufacturers. 8 Machines not meeting the standards of this section or regulation of the department may not be licensed. The license 9 of any machine which fails to maintain the standards of this section or regulation of the department must be revoked." 10 11 H. Article 20, Chapter 21, Title 12 of the 1976 Code is amended by adding: 12 13 "Section 12-21-2783. (A) As part of the central computer monitoring system required under this article, each 14 location operating video game machines must provide a location controller and modem meeting requirements set forth by 15 this section and by the department. Each location controller must be capable of receiving, storing, and transmitting to the 16 department's central computer monitoring system all information received from, and required of, video game machines as 17 set forth in Section 12-21-2782. Each location controller must be capable of supporting at least five video game machines. 18 This section applies to those location controllers which participate in the system as separate hardware entities, and any 19 head of string' location controller which meets the specifications of this section. 20 The cost for purchasing or leasing, as well as the cost of installing, the location controller is the responsibility of the 21 licensed establishment in which the video game machines are located. 22 (B) In addition to the above requirement, each location controller must be able to perform the following functions: 23 (1) communicate with video game machines in an on-line environment; 24 (2) when authorized parties open video game machine game door, store a log entry of this event; 25 (3) when authorized parties open video game machine coin or currency door, store a log entry of this event; 26 (4) authorize video game machine to be taken off-line from the location controller; 27 (5) disable video game machine and store a log entry under the following circumstances: 28 (a) unauthorized game door open; and 29 (b) unauthorized coin door open; 30 (6) store a log entry if video game machine is off-line from the location controller without prior authorization; 31 (7) store a log entry if video game machine tampering is detected. Detection of tampering occurs if the signal 32 received from the video game machine is discontinuous or corrupted in such a manner as to constitute more than spurious 33 noise in the system; 34 (8) re-enable a video game machine which has been disabled and store a log entry of this event; 35 (9) log entries which include a unique identification number for each machine and date/time stamp; 36 (10) have capability for communicating to the central computer system the information which has been gathered 37 from the video game machines and log any entries stored during the period;
PART II PAGE 589 1 (11) have sufficient storage capacity to maintain at least five days of data generated from the maximum playing 2 sessions from the maximum number of associated video game machines linked to the location controller. The data must 3 be stored immediately in a manner that allows on demand, real time access by the central system. Access to data stored in 4 the location controller must be restricted to authorized entry from the central system and other authorized inquiry only access 5 that has been preapproved by the department; 6 (12) have an internal clock; 7 (13) be protected from unauthorized interference or tampering by any person or external device or force, such as 8 to corrupt or alter data or corrupt or suspend communication signals or transmitted data from the video game machines or 9 to the central site, and this requirement extends to the location controller as well as its associated communication device, 10 cabling between the controller and the video game machines, and communication device; 11 (14) be constructed of materials and protected in such a manner as to allow it to operate in suboptimal 12 environments such as nonregulated temperature, dusty, tobacco-smoke filled, and humid conditions; 13 (15) be capable of validating tickets printed by a video game machine." 14 15 I. Section 12-21-2791 of the 1976 Code, as added by Act 164 of 1993, is amended to read: 16 17 "Section 12-21-2791. Any location which operates or allows the operation of coin-operated machines pursuant to 18 Section 12-21-2720(A)(3) which provides payouts authorized pursuant to Section 16-19-60 shall limit the cash payout for 19 credits earned for free games to two thousand five hundred credits per player per location during any twenty-four hour 20 period. The cash value of credits for each free game shall be limited to five cents. During a twenty-four hour period, a 21 person is not permitted to win more than one hundred twenty-five dollars over and above the amount deposited in a 22 coin-operated machine authorized under Section 12-21-2720(A)(3)." 23 24 J. Article 20, Chapter 21, Title 12 of the 1976 Code is amended by adding: 25 26 "Section 12-21-2797. (A) A person in possession of, or allowing the operation of, a contraband or gray area machine 27 at any place within the State after December 31, 1998, is subject to a civil penalty of not more than ten thousand dollars a 28 machine. In addition, the machine may be seized by any law enforcement officer of the State or any of its political 29 subdivisions. 30 (B) A machine seized under the provisions of this section must be taken before any magistrate of the county in which 31 the machine was seized. The magistrate shall immediately examine the machine and, if he is satisfied that it is a contraband 32 or gray area machine, shall direct that it be destroyed immediately. The magistrate, at his discretion, may order the 33 department to have any laboratory under contract with it to examine the machine to assist in the determination as to whether 34 or not the machine is a contraband or gray area machine." 35 36 K. Section 12-21-2798 of the 1976 Code, as added by Act 164 of 1993, is amended to read: 37
PART II PAGE 590 1 "Section 12-21-2798. The commission shall department may promulgate rules and regulations pertaining to the 2 machines and persons licensed by it." 3 4 L. Section 12-21-2804 of the 1976 Code, as added by Act 164 of 1993, is amended by adding at the end: 5 6 "(G)(1) In addition to any other penalties provided by law, the department, for a violation of Section 12-21-2808(E) 7 or Section 12-21-2809, may: 8 (a) impose a civil penalty in an amount not to exceed five thousand dollars on the owner of the machine, 9 or the person who obtained, or was required to obtain, the retail sales tax license for the place or premises pursuant to 10 Section 12-21-2703, or both; and 11 (b) revoke the license of the machine giving rise to the violation and any other machine licensed to the same 12 holder in any county where such machines are prohibited pursuant to Section 12-21-2809; and 13 (c) seize the offending machine and dispose of it as contraband. 14 (2) The penalties authorized by this subsection are effective immediately upon imposition and may not be stayed 15 by any administrative or judicial action. The sole remedy available under this subsection is a hearing before the 16 Administrative Law Judge Division on the question of the legality of the machine under Section 12-21-2809 and the 17 reasonableness of the penalties imposed. Further appeals are as provided in Section 12-60-3380." 18 19 M. Section 12-21-2808 of the 1976 Code, as added by Act 164 of 1993, is amended to read: 20 21 "Section 12-21-2808. (A) In addition to the referendum to be held at the 1994 general election, Counties are 22 authorized to may hold a referendum to determine whether or not cash payoffs are allowed for the operation of machines 23 as defined in this article provided for under Section 16-19-60 of the 1976 Code relating to coin-operated devices shall be 24 authorized. The counties are authorized to hold such a this referendum in the manner provided in this section except that 25 no such referendum may be held until the 1998 general election and may also be held in subsequent general elections as 26 provided herein except at the time of the general election. 27 (1)(B) The referendum must be held: 28 (a)(1) upon the passage of an ordinance of the governing body of a county providing for a referendum 29 if the ordinance is passed at least ninety days before a general election; or 30 (b)(2) upon a petition so requesting filed with the county election commission more than ninety days 31 before the general election containing the signatures of at least ten percent, but not more than two thousand five hundred, 32 of the qualified electors of the county as of the time of the preceding general election. 33 (2)(C) In any a county in which cash payoffs are authorized by Section 16-19-60 of the 1976 Code relating to 34 coin-operated devices permitted, at the time of the referendum provided for in this section, the question put before the voters 35 shall read as follows: 36 Shall cash payoffs for credits earned on coin-operated video game machines continue to be allowed in this 37 county remain legal and subject to licensure and regulation by the State of South Carolina?' 38
PART II PAGE 591 1 Yes  2 3 No  4 5 (3)(D) In any a county in which, at the time of the referendum provided for in this section, cash payoffs as 6 provided for by Section 16-19-60 of the 1976 Code relating to coin-operated devices are not authorized, the question put 7 before the voters shall read as follows: 8 Shall cash payoffs for credits earned on coin-operated video game machines be allowed in this county and 9 subject to licensure and regulation by the State of South Carolina?' 10 11 Yes  12 13 No  14 15 (4)(E) If the result of the referendum provided for in this section is not in favor of a continuation of cash 16 payoffs for credits earned on coin-operated devices within the county, Section 16-19-60 of the 1976 Code shall not apply 17 cash payouts are prohibited within the county after July first June thirtieth of the year following the referendum. 18 (5)(F) If the results of the referendum provided for in this section are to authorize cash payoffs relating to 19 coin-operated devices, Section 16-19-60 shall apply, such payoffs are permitted, subject to the regulations of this article, 20 within such county after beginning January first of the year following the referendum. 21 (6)(G) The state election laws apply to the referendum provided in this section, mutatis mutandis. 22 (7)(H) If a majority of the qualified electors within a county vote to terminate cash payoffs for credits earned 23 on coin-operated devices, in a referendum as authorized in this section, the Tax Commission department shall refund to any 24 person holding a license for the operation of coin-operated devices on a pro rata basis, the portion of any license fees 25 previously paid the commission department for licenses which extend beyond July first of the year after the referendum." 26 27 N. Section 12-21-2809 of the 1976 Code, as added by Act 164 of 1993, is amended to read: 28 29 "Section 12-21-2809. (A) In a county in which a majority of the qualified electors vote or have voted to terminate 30 cash payoffs for credits earned on coin-operated devices in a referendum authorized by Sections 12-21-2806 or Section 31 12-21-2808, the department shall not issue any license for coin-operated devices as defined in Section 12-21-2720(A)(3) 32 and it is unlawful for a person to may not own or possess these machines in the county other than for purposes of storage, 33 maintenance, or transportation. 34 (B) A person who operates owns or possesses any coin-operated device in violation of subsection (A) of this section 35 is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars or imprisoned for not 36 more than thirty days. Violations charged under this section must be tried in magistrate's court subject to the penalties 37 provided in Section 12-21-2804(G)." 38
PART II PAGE 592 1 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: 2 3 "(g) A machine owner or distributor, as defined in Article 20, Chapter 21 of this title, who allows or causes a machine 4 to be operated without a metering device, or who wilfully places a machine on location or who wilfully allows or causes 5 a machine to be operated with a metering device that does not accurately record the information required under Article 20, 6 Chapter 21 of this title is guilty of a felony and, upon conviction, must be imprisoned for not less than one year nor more 7 than ten years, without benefit of probation, parole, or suspension of sentence, and in addition may be fined not more than 8 twenty-five thousand dollars." 9 10 P. A majority "no" vote certified in a county pursuant to the former provisions of Section 12-21-2806 of the 1976 Code 11 is deemed nunc pro tunc a certification of a majority "no" vote pursuant to Section 12-21-2808(C) of the 1976 Code as 12 amended by this act. In these counties, the Department of Revenue may issue a prorated refund of the license fee imposed 13 pursuant to Section 12-21-2720(A)(3) for a machine located in the county on the effective date of this act. 14 15 Q. Section 12-21-2796 of the 1976 Code is repealed. 16 17 R. Section 12-21-2806 of the 1976 Code is repealed. 18 19 S. Subsections A, I, L, M, N, P, and R of this section are effective November 1, 1997. The remaining subsections are 20 effective July 1, 1997, or as otherwise stated. 21 22 SECTION 55 23 24 TO MAKE FINDINGS OF LEGISLATIVE INTENT OF THE GENERAL ASSEMBLY WITH RESPECT TO 25 GOVERNMENTAL TORT LIABILITY UNDER THE SOUTH CAROLINA TORT CLAIMS ACT; TO AMEND 26 THE 1976 CODE, BY ADDING SECTION 15-78-200 SO AS TO PROVIDE THAT THE SOUTH CAROLINA 27 TORT CLAIMS ACT IS THE EXCLUSIVE REMEDY FOR ANY TORT COMMITTED BY A GOVERNMENT 28 EMPLOYEE ACTING WITHIN THE SCOPE OF THE EMPLOYEE'S OFFICIAL DUTY AND TO REQUIRE 29 THIS PROVISION TO BE LIBERALLY CONSTRUED IN FAVOR OF LIMITED LIABILITY WITH 30 AMBIGUITY TO BE RESOLVED AS A MATTER OF LAW IN FAVOR OF THE GOVERNMENT; TO 31 REENACT THE PROVISIONS OF SECTION 15-78-120, AS CURRENTLY EXISTING, SO AS TO PROVIDE 32 THE LIMITATIONS ON LIABILITY AND OTHER REQUIREMENTS UNDER THE SOUTH CAROLINA TORT 33 CLAIMS ACT; TO AMEND SECTION 15-78-120, AS REENACTED ABOVE, RELATING TO LIMITATIONS 34 ON LIABILITY UNDER THE TORT CLAIMS ACT, SO AS TO INCREASE CERTAIN DOLLAR LIMITS OF 35 LIABILITY; AND TO AMEND SECTION 15-78-140, AS AMENDED, RELATING TO THE DUTIES OF THE 36 STATE BUDGET AND CONTROL BOARD TO COVER LIABILITY RISKS FOR WHICH IMMUNITY HAS 37 BEEN WAIVED, THE REQUIREMENT OF POLITICAL SUBDIVISIONS TO PROCURE INSURANCE FOR 38 LIABILITY RISKS FOR WHICH IMMUNITY HAS BEEN WAIVED, AND THE EXCLUSIVITY OF REMEDIES
PART II PAGE 593 1 FOR CLAIMS FILED PURSUANT TO THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO DELETE THE 2 DUTY OF THE BOARD TO PURCHASE INSURANCE TO COVER RISKS FOR WHICH IMMUNITY HAS 3 BEEN WAIVED. 4 5 (A) The General Assembly finds: 6 (1) that because of the unique nature, role, funding, and function of government, the General Assembly has never 7 intended that the government or taxpayers would be subject to unlimited liability for tort actions against the government; 8 (2) this section shall clarify any ambiguity in the General Assembly's intent that there remain reasonable limits upon 9 recovery against the government for tort actions, and that the government is only liable for torts as expressly prescribed and 10 authorized in the "South Carolina Tort Claims Act". 11 12 (B) Chapter 78, Title 15 of the 1976 Code is amended by adding: 13 14 "Section 15-78-200. Notwithstanding any provision of law, this chapter, the South Carolina Tort Claims Act', is the 15 exclusive and sole remedy for any tort committed by an employee of a governmental entity while acting within the scope 16 of the employee's official duty. The provisions of this chapter establish limitations on and exemptions to the liability of 17 the governmental entity and must be liberally construed in favor of limiting the liability of the governmental entity." 18 19 (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: 20 21 "Section 15-78-120. (a) For any action or claim for damages brought under the provisions of this chapter, the liability 22 shall not exceed the following limits: 23 (1) Except as provided in Section 15-78-120(a)(3), no person shall recover in any action or claim brought 24 hereunder a sum exceeding two hundred fifty thousand dollars because of loss arising from a single occurrence regardless 25 of the number of agencies or political subdivisions involved. 26 (2) Except as provided in Section 15-78-120(a)(4), the total sum recovered hereunder arising out of a single 27 occurrence shall not exceed five hundred thousand dollars regardless of the number of agencies or political subdivisions 28 or claims or actions involved. 29 (3) No person may recover in any action or claim brought hereunder against any governmental entity and caused 30 by the tort of any licensed physician or dentist, employed by a governmental entity and acting within the scope of his 31 profession, a sum exceeding one million dollars because of loss arising from a single occurrence regardless of the number 32 of agencies or political subdivisions involved. 33 (4) The total sum recovered hereunder arising out of a single occurrence of liability of any governmental entity 34 for any tort caused by any licensed physician or dentist, employed by a governmental entity and acting within the scope of 35 his profession, may not exceed one million dollars regardless of the number of agencies or political subdivisions or claims 36 or actions involved. 37 (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 38 physician or dentist, acting within the scope of his profession, with respect to any action or claim brought hereunder which
PART II PAGE 594 1 involved services for which the physician or dentist was paid, should have been paid, or expected to be paid at the time of 2 the rendering of the services from any source other than the salary appropriated by the governmental entity or fees received 3 from any practice plan authorized by the employer whether or not the practice plan is incorporated and registered with the 4 Secretary of State. 5 (b) No award for damages under this chapter shall include punitive or exemplary damages or interest prior to judgment. 6 (c) In any claim, action, or proceeding to enforce a provision of this chapter, the signature of an attorney or party 7 constitutes a certificate by him that he has read the pleading, motion, or other paper; that to the best of his knowledge, 8 information, and belief formed after reasonable inquiry it is well-grounded in fact and is warranted by existing law or a good 9 faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper 10 purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. If a pleading, motion, 11 or other paper is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of 12 the pleader or movant. If a pleading, motion, or other paper is signed in violation of this rule, the court, upon motion or 13 upon its own initiative, shall impose upon the person who signed it, a represented party, or both, an appropriate sanction, 14 which may include an order to pay the other party or parties the amount of the reasonable expenses incurred because of the 15 filing of the pleading, motion, or other paper, including a reasonable attorney's fee." 16 17 (D) Section 15-78-120 of the 1976 Code, as herein reenacted in subsection (C), is amended to read: 18 19 "Section 15-78-120. (a) For any action or claim for damages brought under the provisions of this chapter, the liability 20 shall not exceed the following limits: 21 (1) Except as provided in Section 15-78-120(a)(3), no person shall recover in any action or claim brought 22 hereunder a sum exceeding two three hundred fifty thousand dollars because of loss arising from a single occurrence 23 regardless of the number of agencies or political subdivisions involved. 24 (2) Except as provided in Section 15-78-120(a)(4), the total sum recovered hereunder arising out of a single 25 occurrence shall not exceed five six hundred thousand dollars regardless of the number of agencies or political subdivisions 26 or claims or actions involved. 27 (3) No person may recover in any action or claim brought hereunder against any governmental entity and caused 28 by the tort of any licensed physician or dentist, employed by a governmental entity and acting within the scope of his 29 profession, a sum exceeding one million two hundred thousand dollars because of loss arising from a single occurrence 30 regardless of the number of agencies or political subdivisions involved. 31 (4) The total sum recovered hereunder arising out of a single occurrence of liability of any governmental entity 32 for any tort caused by any licensed physician or dentist, employed by a governmental entity and acting within the scope of 33 his profession, may not exceed one million two hundred thousand dollars regardless of the number of agencies or political 34 subdivisions or claims or actions involved. 35 (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 36 physician or dentist, acting within the scope of his profession, with respect to any action or claim brought hereunder which 37 involved services for which the physician or dentist was paid, should have been paid, or expected to be paid at the time of 38 the rendering of the services from any source other than the salary appropriated by the governmental entity or fees received
PART II PAGE 595 1 from any practice plan authorized by the employer whether or not the practice plan is incorporated and registered with the 2 Secretary of State. 3 (b) No award for damages under this chapter shall include punitive or exemplary damages or interest prior to judgment. 4 (c) In any claim, action, or proceeding to enforce a provision of this chapter, the signature of an attorney or party 5 constitutes a certificate by him that he has read the pleading, motion, or other paper; that to the best of his knowledge, 6 information, and belief formed after reasonable inquiry it is well-grounded in fact and is warranted by existing law or a good 7 faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper 8 purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. If a pleading, motion, 9 or other paper is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of 10 the pleader or movant. If a pleading, motion, or other paper is signed in violation of this rule, the court, upon motion or 11 upon its own initiative, shall impose upon the person who signed it, a represented party, or both, an appropriate sanction, 12 which may include an order to pay the other party or parties the amount of the reasonable expenses incurred because of the 13 filing of the pleading, motion, or other paper, including a reasonable attorney's fee." 14 15 (E) Section 15-78-140(a) of the 1976 Code is amended to read: 16 17 "(a) It is the duty of the Budget and Control Board to cover risks for which immunity has been waived under the 18 provisions of this chapter by the purchase of insurance as authorized in Section 15-78-150." (Reserved) 19 20 (F) Except where otherwise provided, this section takes effect upon approval by the Governor and applies to claims or 21 actions pending on that date or thereafter filed, except where final judgment has been entered before that date. The increased 22 limits of liability provided in Section 15-78-120 of the 1976 Code, as amended in subsection (D), take effect on the first day 23 of the twelfth month following approval by the Governor and apply to a cause of action arising on or after that date. 24 25 SECTION 56 26 27 TO AMEND SECTION 12-37-251, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING 28 TO THE PROPERTY TAX RELIEF FUND, BY PROVIDING THAT NINETY PERCENT OF THE 29 REIMBURSEMENT MUST BE PAID WITHIN FIVE WORKING DAYS OF RECEIPT OF THE REQUEST FOR 30 FUNDS FROM THE COUNTY TREASURER . 31 32 Be it enacted by the General Assembly of the State of South Carolina: 33 34 A. Section 12-37-251 (A) and (B) of the 1976 Code, as last amended by Section 33, Part II, Act 458, of 1996, is further 35 amended to read: 36 37 "Section 12-37-251. (A) The State Property Tax Relief Fund shall must be established at an amount equal to the 38 revenue necessary to fund a property tax exemption of one hundred thousand dollars based on the fair market value of
PART II PAGE 596 1 property classified pursuant to Section 12-43-220(c) calculated on the school operating millage imposed for tax year 1995, 2 excluding taxes levied for bonded indebtedness and payments pursuant to lease purchase agreements for capital construction. 3 The 1995 tax year school operating millage is the base year millage for purposes of calculating the amount necessary to fund 4 the State Property Tax Relief Fund in accordance with this section. However, in years in which the values resulting from 5 a county-wide reassessment and equalization program are implemented, the base year millage must be adjusted to an 6 equivalent millage rate in the manner that the Department of Revenue and Taxation shall prescribe prescribes. Funds 7 distributed to a taxing district as provided in Item (B) of this section must be used to provide a uniform property tax 8 exemption for all property in the taxing district which is classified pursuant to Section 12-43-220(c), excluding taxes levied 9 for bonded indebtedness and payments pursuant to lease purchase agreements for capital construction. 10 (B) School Taxing districts must be reimbursed, in the manner provided in Section 12-37-270, for the revenue lost 11 as a result of the homestead exemption provided in this section except that ninety percent of the reimbursement must be paid 12 in the last quarter of the calendar year within five working days of receipt of the request for funds from the county treasurer." 13 14 B. This act takes effect upon approval by the Governor. 15 16 SECTION 57 17 18 TO AMEND SECTION 55-11-500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO 19 DEFINITIONS FOR PURPOSES OF STATE FUNDING OF AIR CARRIER HUB TERMINAL FACILITIES, SO 20 AS TO EXTEND THE DEFINITION OF AIR CARRIER HUB TERMINAL FACILITY TO A FACILITY WITH 21 A WEEKLY TOTAL OF AT LEAST TWENTY-FIVE COMMON CARRIER DEPARTING CARGO AND AIR 22 FREIGHT FLIGHTS. 23 24 A. Section 55-11-500(a)(2) of the 1976 Code, as added by Section 99 of Act 497 of 1994, is amended to read: 25 26 "(2) at least five twenty-five common carrier departing flights a day for the purpose week on an annual basis for 27 the purposes of transporting cargo and air freight at least five days each week." 28 29 B. This section takes effect upon approval by the Governor but shall apply to tax years after 1994. 30 31 SECTION 58 32 33 TO AMEND SECTION 12-24-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIABILITY 34 FOR A DEED RECORDING FEE, SO AS TO PROVIDE THAT THE FEE IS OWED BY THE GRANTEES IN 35 THE CASE OF A DEED FROM A MASTER-IN-EQUITY, FROM A GOVERNMENT OR ITS SUBDIVISIONS, 36 OR FROM AN INTERNAL REVENUE CODE TAX-EXEMPT RETIREMENT PLAN; TO AMEND SECTION 37 12-24-30, RELATING TO THE DEFINITION OF "VALUE" AS IT CONCERNS A DEED RECORDING FEE, SO 38 AS TO CLARIFY THE MEANING OF "VALUE" AND TO PROVIDE FOR THE ELECTION TO USE THE
PART II PAGE 597 1 PROPERTY TAX ASSESSMENT OF FAIR MARKET VALUE FOR PURPOSES OF CHAPTER 24; TO AMEND 2 SECTION 12-24-40, RELATING TO EXEMPTIONS FROM A DEED RECORDING FEE, SO AS TO DELETE 3 AND CLARIFY CERTAIN EXEMPTIONS FROM THE RECORDING FEE ON DEEDS AND TO REDEFINE 4 "FAMILY"; AND TO AMEND SECTION 12-24-70, RELATING TO AFFIDAVITS REQUIRED FOR 5 RECORDING A DEED, SO AS TO PROVIDE FOR CONTENTS OF AFFIDAVITS FILED IN CONNECTION 6 WITH EXEMPT DEEDS. 7 8 A. Section 12-24-20 of the 1976 Code, as added by Part II, Act 458 of 1996, is amended to read: 9 10 "Section 12-24-20. (A) Except as provided in subsection (B), the fee imposed by this chapter is the liability of the 11 grantor, or the joint or and several liability of the grantors, but the grantee is secondarily liable for the payment of the fee. 12 (B) In the case of a master-in-equity deed, the liability for a deed from the federal government, a state or any of a state's 13 political subdivisions, or a qualified retirement plan exempt from income taxes under the Internal Revenue Code to another 14 person, the fee imposed by this chapter is on the grantee or grantees the liability of the grantee, or the joint and several 15 liability of the grantees, and not the grantor." 16 17 B. Section 12-24-30 of the 1976 Code, as added by Part II, Act 458 of 1996, is amended to read: 18 19 "Section 12-24-30. (A) For purposes of this chapter, the term value' means the realty's fair market value. In 20 arm's-length real property transactions, this value is the sales price consideration paid or to be paid in money or money's 21 worth for the realty including other realty, personal property, stocks, bonds, partnership interests and other intangible 22 property, the forgiveness or cancellation of a debt, the assumption of a debt, and the surrendering of a right. The fair market 23 value of the consideration must be used in calculating the consideration paid in money's worth. Taxpayers may elect to use 24 the fair market value of the realty being transferred in determining fair market value of the consideration under the 25 provisions of this section. However, in the case of realty transferred between a corporation, a partnership, or other entity 26 and its stockholder, partner, or owner, and in the case of realty transferred to a trust or as a distribution to a trust beneficiary, 27 value' means the realty's fair market value. 28 (B) A deduction from value is allowed for the amount of any lien or encumbrance existing on the land, tenement, or 29 realty before the transfer and remaining on the land, tenement, or realty after the transfer. 30 (C) Taxpayers may elect to use the fair market value as determined for property tax purposes in determining fair market 31 value under the provisions of this section." 32 33 C. Section 12-24-40 of the 1976 Code, as added by Part II, Act 458 of 1996, is amended to read: 34 35 "Section 12-24-40. Exempted from the fee imposed by this chapter are deeds: 36 (1) transferring realty to the federal government in which the value of the realty, as defined in Section 12-24-30, is 37 equal to or less than one hundred dollars;
PART II PAGE 598 1 (2) transferring realty to the federal government or to a state, its agencies and departments, and its political 2 subdivisions, including school districts; 3 (3) that are otherwise exempted under the laws and Constitution of this State or of the United States; 4 (4) transferring realty in which no gain or loss is recognized by reason of Section 1041 of the Internal Revenue Code 5 as defined in Section 12-6-40(A); 6 (5) transferring realty from an agent to the agent's principal in which the realty was purchased with the funds of the 7 principal in order to partition realty, as long as no consideration is paid for the transfer other than the interests in the realty 8 that are exchanged in order to effect the partition; 9 (6) transferring an individual grave space at a cemetery owned by a cemetery company licensed under Chapter 55 of 10 Title 39; 11 (7) transferring realty to a member of the family or to a family trust or to a family partnership. "Family" means spouse, 12 parents, sisters, brothers, grandparents, grandchildren, and lineal descendants. A "family trust" is a trust whose beneficiaries 13 are all members of the family of the transferor. A "family partnership" is a partnership whose partners are all members of 14 the family of the transferor that constitute a contract for the sale of timber to be cut; 15 (8) transferring realty to a legal heir or devisee corporation, a partnership, or a trust as a stockholder, partner, or trust 16 beneficiary of the entity or so as to become a stockholder, partner, or trust beneficiary of the entity as long as no 17 consideration is paid for the transfer other than stock in the corporation, interest in the partnership, beneficiary interest in 18 the trust, or the increase in value in the stock or interest held by the grantor. However, except for transfers from one family 19 trust to another family trust without consideration, the transfer of realty from a corporation, a partnership, or a trust to a 20 stockholder, partner, or trust beneficiary of the entity is subject to the fee, even if the realty is transferred to another 21 corporation, a partnership, or trust; 22 (9) that constitute a contract for the sale of timber to be cut transferring realty from a family partnership to a partner 23 or from a family trust to a beneficiary, as long as no consideration is paid for the transfer other than a reduction in the 24 grantee's interest in the partnership or trust. A family partnership' is a partnership whose partners are all members of the 25 same family. A family trust' is a trust in which the beneficiaries are all members of the same family. Family' means the 26 grantor, the grantor's spouse, parents, grandparents, sisters, brothers, children, stepchildren, grandchildren, and the spouses 27 and lineal descendant of any of them, and the grantor's and grantor's spouse's heirs under a statute of descent and 28 distribution. A `family partnership' or `family trust' also includes charitable entities, other family partnerships and family 29 trusts of the grantor, and charitable remainder and charitable lead trusts, if all the beneficiaries are charitable entities or 30 members of the grantor's family. A charitable entity' means an entity which may receive deductible contributions under 31 Section 170 of the Internal Revenue Code as defined in Section 12-6-40(A); 32 (10) transferring realty from an individual to a partnership, limited liability company, or corporation upon the 33 formation of the entity if the individual is transferring the realty in order to become a partner, member, or shareholder in 34 the entity. All other transfers of realty to or from the partnership, limited liability company, or corporation, not otherwise 35 exempt, are subject to the fee; 36 (11) transferring realty in a statutory merger or consolidation from a constituent corporation to the continuing or new 37 corporation;
PART II PAGE 599 1 (11) transferring realty in a merger or consolidation from a constituent partnership to the continuing or new 2 partnership; 3 (12) transferring realty between a parent corporation and its subsidiary corporation, provided that no consideration 4 of any kind is paid or is to be paid for the transfer; 5 (13) transferring realty to a nonprofit corporation organized and operated exclusively for either a religious, scientific, 6 charitable, or educational purpose, and provided that no consideration of any kind is paid or is to be paid for the transfer; 7 (14) that constitute a corrective deed or a quitclaim deed used to confirm title already vested in the grantee, provided 8 that as long as no consideration of any kind is paid or is to be paid under the corrective or quitclaim deed; 9 (15) transferring realty from an individual to a partnership or limited liability company of which the individual is a 10 partner or a member, provided that the transfer is subject to the fee to the extent that the transfer is a transfer of an undivided 11 interest in the realty to partners or members other than the transferor. The determination as to the portion of the realty's 12 value upon which the fee must be paid must be based on the percentage interest in the partnership or limited liability 13 company of the partners or members other than the transferor." 14 15 D. Section 12-24-70 of the 1976 Code, as added by Part II, Act 458 of 1996, is amended to read: 16 17 "Section 12-24-70. (A) An affidavit must accompany every deed presented for recording and must set forth the true, 18 full, and complete value of the realty as defined in Section 12-24-30. In addition, the clerk or register of mesne conveyances 19 may require any other information considered necessary. However, the clerk or register of mesne conveyances, at his 20 discretion, may waive the affidavit requirement. 21 If the deed is exempt under Section 12-24-40, the affidavit must state that the deed is exempt and state the reason for 22 the exemption. This affidavit must be signed by a responsible person connected with the transaction and the affidavit must 23 state that connection. The clerk of court or register of mesne conveyances shall require an affidavit showing the value of 24 the realty to be filed with a deed. 25 For deeds exempt under the provisions of this chapter, the value is not required to be stated on the affidavit, but the 26 affidavit must state the reason the deed is exempt from the fee. The affidavit required by this section must be signed by a 27 responsible person connected with the transaction, and the affidavit must state that connection. The clerk of court or register 28 of mesne conveyances, at his discretion, may waive the affidavit requirement. 29 (B) The clerk of court or register of mesne conveyances shall file these affidavits in his office. 30 (C) A person required to furnish the affidavit who wilfully furnishes a false or fraudulent affidavit is guilty of a 31 misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, 32 or both." 33 34 E. This act takes effect July 1, 1997. 35 36 SECTION 59 37
PART II PAGE 600 1 THIS 1976 CODE IS AMENDED BY ADDING SECTION 43-3-65 SO AS TO REQUIRE THE GOVERNING 2 AUTHORITIES OF EACH COUNTY TO PROVIDE OFFICE SPACE AND FACILITY SERVICES FOR ITS 3 COUNTY DEPARTMENT OF SOCIAL SERVICES. 4 5 A. The 1976 Code is amended by adding: 6 7 "Section 43-3-65. The governing authorities of each county shall provide office space and facility service, including 8 janitorial, utility and telephone services, and related supplies, for its county Department of Social Services." 9 10 B. This section takes effect July 1, 1997. 11 12 SECTION 60 13 14 TO AMEND TITLE 1, CHAPTER 1 OF THE 1976 CODE, RELATING TO GENERAL PROVISIONS, BY 15 ADDING SECTION 1-1-710 SO AS TO DESIGNATE THE SOUTH CAROLINA RAILROAD MUSEUM IN 16 FAIRFIELD COUNTY AS THE OFFICIAL RAILROAD MUSEUM OF THE STATE OF SOUTH CAROLINA 17 UPON THE PAYMENT OF A FEE TO THE SECRETARY OF STATE. 18 19 A. Title 1, Chapter 1 of the 1976 Code is amended by adding: 20 21 "Section 1-1-710. The South Carolina Railroad Museum in Fairfield County is the official railroad museum of the 22 State of South Carolina, upon the payment of a fee of five dollars to the Secretary of State." 23 24 B. This section takes effect on July 1, 1997. 25 26 SECTION 61 27 28 TO AMEND THE 1976 CODE BY ADDING SECTION 51-13-727 SO AS TO ADD TWO MEMBERS TO THE 29 PATRIOT'S POINT DEVELOPMENT AUTHORITY AND TO PROVIDE FOR THEIR METHOD OF 30 APPOINTMENT. 31 32 A. Article 11, Chapter 13, Title 51 of the 1976 Code is amended by adding: 33 34 "Section 51-13-727. In addition to the members of the Patriot's Point Development Authority provided for in Sections 35 51-13-720 and 51-13-725, there are two additional members of the board, one appointed by the President Pro Tempore of 36 the Senate upon the recommendation by the Senators representing Charleston, Berkeley, and Dorchester Counties and one 37 appointed by the Speaker of the House upon the recommendation by the members of the House of Representatives 38 representing these counties. These additional members shall serve for terms of four years and until their successors are
PART II PAGE 601 1 appointed and qualify. These members may succeed themselves and vacancies must be filled in the same manner of the 2 original appointment for the unexpired portion of the term." 3 4 B. The Senate Finance Committee and the House Ways and Means Committee each shall conduct a study of the transfer 5 of the powers, duties, assets, and responsibilities of the Patriot's Point Development Authority to the Department of Parks, 6 Recreation and Tourism and report the fiscal and other impacts of a devolvement to their respective bodies. 7 8 SECTION 62 9 10 TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE BY ADDING ARTICLE 52 SO AS TO PROVIDE FOR 11 CHARTER LIMOUSINE LICENSE PLATES, TO ESTABLISH A TWENTY-FIVE DOLLAR FEE FOR THESE 12 PLATES, AND TO PROVIDE FUNDING FOR PROCESSING DOCUMENTS RELATED TO ACQUIRING 13 THESE PLATES. 14 15 A. Chapter 3, Title 56 of the 1976 Code is amended by adding: 16 17 "Article 52 18 19 Charter Limousine License Plates 20 21 Section 56-3-5300. (A) In addition to complying with any other registration and license fee requirement contained 22 in this chapter, a charter limousine' regulated by the South Carolina Public Service Commission must acquire a special 23 license plate from the Department of Public Safety upon submission of proof that the charter limousine is certified as a 24 Class C Charter Limousine' by the commission. 25 (B) The biennial fee for this special license plate is twenty-five dollars. 26 (C) Of the funds appropriated to the Public Service Commission in the Annual Appropriations Act for 1997-1998 and 27 subsequent years for Operations/Administration, Other Operating Expenses, sufficient funds must be used to process 28 documents providing proof that the charter limousine is certified as a Class C Charter Limousine' as required by subsection 29 (A)." 30 31 B. This section takes effect July 1, 1997. 32 33 SECTION 63 34 35 TO AMEND ARTICLE 5, CHAPTER 4, TITLE 61 OF THE 1976 CODE, RELATING TO PERMITS FOR THE 36 RETAIL SALE OF BEER AND WINE, BY ADDING SECTION 61-4-620 SO AS TO PROVIDE FOR THE 37 PERMITTING OF SUNDAY SALES WHEN THE PERMITTED ESTABLISHMENT CLOSES ON SATURDAY 38 FOR RELIGIOUS REASONS.
PART II PAGE 602 1 2 A. The 1976 Code is amended by adding: 3 4 "Section 61-4-610. A person who sells beer and wine pursuant to a permit issued in accordance with Sections 5 61-4-500, 61-4-520, and 61-4-540 of the 1976 Code and who closes his business establishment or refrains from operating 6 his business on Saturdays for religious reasons may be allowed, upon the filing of an affidavit of closing on Saturdays for 7 religious reasons with and the payment of an additional fee of fifty dollars to the department, to open for business and sell 8 beer and wine on Sundays, as specified in Sections 61-4-120, 61-4-130, and 61-4-140 in those counties which authorize 9 Sunday beer sale permits. The opening of the business establishment or operation of business on Saturdays in contradiction 10 of the affidavit is grounds for the revocation of the permit issued pursuant to this section and Sections 61-4-500, 61-4-520, 11 and 61-4-540. The fifty-dollar additional fee must be used to pay the administrative and enforcement costs of this special 12 permit." 13 14 B. This section takes effect July 1, 1997. 15 16 SECTION 64 17 18 TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-5080 SO AS TO 19 PROVIDE A DESIGNATION ON INDIVIDUAL INCOME TAX FORMS ENABLING A TAXPAYER TO MAKE 20 A CONTRIBUTION TO THE DRUG AWARENESS RESISTANCE EDUCATION FUND; AND BY ADDING 21 ARTICLE 6 TO CHAPTER 53, TITLE 44 SO AS TO ESTABLISH THE DRUG AWARENESS RESISTANCE 22 EDUCATION FUND, PROVIDE FOR ITS GOVERNANCE, DUTIES, AND THE EXPENDITURE OF FUNDS. 23 24 A. Article 41, Chapter 6, Title 12 of the 1976 Code is amended by adding: 25 26 "Section 12-6-5080. (A) Each taxpayer required to file a state individual income tax return may contribute to the Drug 27 Awareness Resistance Education (DARE) Fund by designating the contribution on the return. The contribution may be 28 made by reducing the income tax refund or by remitting additional payment by the amount designated. 29 (B) All South Carolina individual income tax return forms must contain a designation for the above contribution. The 30 instructions accompanying the income tax form must contain a description of the purposes for which the funds were 31 established and the use of monies from the income tax contribution. 32 (C) The department shall determine and report annually to the fund the total amount of contributions designated. The 33 department shall transfer the appropriate amount to each fund at the earliest possible time. The incremental cost of 34 administration of the contribution must be paid out of the contributions before any funds are expended as provided in this 35 section." 36 37 B. Chapter 53, Title 44 of the 1976 Code is amended by adding: 38
PART II PAGE 603 1 "Article 6 2 3 Drug Awareness Resistance Education Fund 4 5 Section 44-53-810. The General Assembly finds: 6 (1) that the future of this State rests in the hands of school children; 7 (2) the Drug Abuse Resistance Education Program taught in this State and in many schools nationally provides 8 an effective and proven awareness of instilling drug resistance skills in our school children, and promoting the hope of a 9 secure and healthy future for these children. 10 11 Section 44-53-820. There is established the Drug Awareness Resistance Education (DARE) Fund, an eleemosynary 12 corporation, the resources of which must be used to promote and encourage the Drug Awareness and Resistance Education 13 Program in this State. The trust fund supplements and augments services provided by government agencies and does not 14 take the place of these services. 15 16 Section 44-53-830. (A) The DARE Fund is to be administered by a board of directors appointed by the Governor, 17 with the advice and consent of the Senate, and is composed of: 18 (1) the Attorney General, ex officio, or his designee; 19 (2) two county sheriffs, who shall serve ex officio; 20 (3) two police chiefs; 21 (4) two local law enforcement officers assigned to the DARE Program; and 22 (5) two school principals. 23 Directors who are not elected officials serve by virtue of their position at the time of appointment. 24 (B) Members shall serve terms of four years and until successors are appointed and qualify. A board member may be 25 removed by the Governor in accordance with Section 1-3-240(B). Vacancies must be filled in the manner of the original 26 appointment for the unexpired portion of the term. 27 28 Section 44-53-840. Board members are not entitled to per diem but may be reimbursed for mileage and all necessary 29 and reasonable expenses incurred in the performance of their duties under this article. 30 31 Section 44-53-850. In administering this article, the board is authorized, but not limited to: 32 (1) develop and implement educational programs and campaigns in support of the DARE Program in South Carolina; 33 (2) make policy recommendations for the DARE Program in South Carolina; 34 (3) assess the needs of DARE Programs; 35 (4) determine how the monies in the fund are to be disbursed; 36 (5) acquire and hold property; 37 (6) invest trust monies, including pooled investment funds maintained by the State; 38 (7) utilize local resources including volunteers when appropriate. 39
PART II PAGE 604 1 Section 44-53-860. The board shall elect a chairman from among its members and shall adopt rules for the 2 governance of its operations. The board shall meet at least semiannually. Six members constitute a quorum. 3 4 Section 44-53-870. The board may employ a director and other staff as necessary to carry out the provisions of this 5 article; however, administration of this article may not exceed twenty percent of the total funds credited to the trust fund, 6 excluding the administrative fee paid to the Department of Revenue pursuant to Section 12-6-5080. 7 8 Section 44-53-880. Funds credited to the trust fund, excluding the administrative fees paid to the Department of 9 Revenue, may be used for, but are not limited to: 10 (1) administration of this article including, but not limited to, personnel and board expenses; 11 (2) development and promotion of the DARE Program in this State; 12 (3) a reserve fund in an interest-bearing account with five percent of the funds received by the trust fund annually to 13 be placed in this account. No withdrawals may be made from this account until the minimum balance has reached one 14 hundred thousand dollars and then these funds may be used only in years in which donations do not meet the average normal 15 operating cost incurred by the trust fund and funds are needed to meet expenses. Once the balance in the reserve funds 16 reaches one hundred thousand dollars, excess fund earned by interest and yearly allocations may be used at the discretion 17 of the board to cover operating costs and to provide additional funds. 18 19 Section 44-53-890. The fund board annually by February first shall submit a report to the General Assembly 20 concerning its expenditures of fund monies and activities." 21 22 C. This act takes effect upon approval by the Governor. 23 24 SECTION 65 25 26 TO AMEND THE 1976 CODE BY ADDING SECTION 59-71-155 SO AS TO ENSURE THE TERMS OF 27 PAYMENT OF BONDED INDEBTEDNESS OF SCHOOL DISTRICTS BY MEANS OF TRANSFERS FROM THE 28 GENERAL FUND OF THIS STATE REIMBURSED FROM MONIES DUE THE DISTRICT, TO PROVIDE FOR 29 THE APPLICABLE PROCEDURES FOR THIS METHOD OF PAYMENT AND REIMBURSEMENT, TO 30 REQUIRE THE COUNTY AUDITOR TO IMPOSE FOR AMOUNTS DUE IN THE NEXT FISCAL YEAR A 31 MILLAGE SUFFICIENT TO MAKE THESE PAYMENTS, AND TO PROVIDE REPORTING REQUIREMENTS. 32 33 Article 1, Chapter 71, Title 59 of the 1976 Code is amended by adding: 34 35 "Section 59-71-155. (A) This section applies to existing and future general obligation bonds issued by an operating 36 school unit. For purposes of this section, general obligation bonds are obligations expressly secured by the full faith, credit, 37 and taxing power of the operating school unit that issues the bonds.
PART II PAGE 605 1 (B) The county treasurer of a county in which any operating school unit has outstanding general obligation bonds shall 2 notify the State Treasurer on the fifteenth day prior to the due date of any payment of principal or interest on the bonds if 3 the county treasurer does not have on deposit, or there is not on deposit with a paying agent, the sum required to make that 4 payment. If the county treasurer or paying agent does not have on deposit the sum required to make that payment on the 5 third business day prior to the due date, the State Treasurer shall transfer to the county treasurer from the general fund of 6 the State the sum necessary to enable the county treasurer or paying agent to make payment of principal and interest then 7 coming due. However, the total amount to be advanced to operating school units for this purpose in any fiscal year may 8 not exceed the amount appropriated in that year under the Education Finance Act. Immediately upon receipt of the sum 9 from the State Treasurer on a bond for which a paying agent other than the county treasurer has been appointed, the county 10 treasurer shall transfer to the paying agent all amounts required to effect punctual payment of the sum due. The State 11 Treasurer shall withhold from the operating school unit from the next and subsequent distributions of any revenue to that 12 operating school unit sufficient monies necessary to reimburse the general fund of the State for the sums applied to pay the 13 principal and interest on the bonds and for the investment earnings that would have been received on the monies advanced 14 from the general fund. In addition, the State Treasurer may direct the county treasurer to apply to the payment due on the 15 bonds any monies being held by the county treasurer in any fund, other than the sinking fund, derived from state revenue 16 for the operating school unit. 17 (C) The amounts forwarded to any county treasurer by the State Treasurer under subsection (B) must be applied by 18 the county treasurer or paying agent solely to the payment of the principal of or interest on the bonds. The State Treasurer 19 shall notify the State Department of Education, the county auditor, and the superintendent of the operating school unit of 20 payments made and sums withheld pursuant to this section. 21 (D) Whenever the State Treasurer makes a payment to a county treasurer pursuant to subsection (B) and withholds sums 22 from revenue to the operating school unit pursuant to this section, or directs a county treasurer to apply monies for this 23 purpose, the county treasurer shall pay to the operating school unit all collections of property taxes levied for the payment 24 of the operating school unit's general obligation bonds until the sums so withheld or applied have been paid by the county 25 treasurer to the operating school unit for such tax levies. 26 (E) A county auditor in any county in which the provisions of subsection (B) have been implemented for the payment 27 of principal and interest on the general obligation bonds of an operating school unit shall adjust the millage levied for the 28 payment of those bonds in the next fiscal year to the level necessary to provide for the punctual payment of all sums due 29 during that year and shall file a report with the State Treasurer demonstrating compliance with this subsection not later than 30 five business days after setting the millage for this fiscal year." 31 32 SECTION 66 33 34 TO AMEND SECTION 12-37-220(B), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO 35 PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT FROM TAX THE FAIR MARKET VALUE OF ALL 36 PRIVATE PASSENGER MOTOR VEHICLES AND TRUCKS WITH AN EMPTY WEIGHT OF NOT MORE 37 THAN FIVE THOUSAND POUNDS WHEN REGISTERED TO AN INDIVIDUAL FOR PERSONAL USE AND 38 TO PROVIDE FOR AN EIGHT YEAR PHASE-IN OF THE EXEMPTION.
PART II PAGE 606 1 2 A. Section 12-37-220(B) of the 1976 Code is amended by adding an appropriately numbered item at the end to read: 3 4 "( )(a) Subject to the requirements of subitem (b), the fair market value of: 5 (i) a motor vehicle which may be registered upon payment of the fees provided in Section 56-3-620; and 6 (ii) a truck with an empty weight of not more than five thousand pounds. 7 (b) Only a vehicle registered to an individual for personal use is eligible for the exemption allowed by this item. 8 The provisions of Article 21 of this title, including the minimum assessment provisions of Section 12-37-2640, do not apply 9 with respect to motor vehicles and trucks exempt pursuant to this item. 10 (c) Revenues not collected because of this exemption must be reimbursed to jurisdictions imposing property taxes 11 in the manner provided in Section 12-37-270, mutatis mutandis." 12 13 B. Upon approval by the Governor, this SECTION is effective in the manner provided in this schedule: 14 15 Property Tax Year Beginning After Percentage of Fair Market Value that is Exempt 16 1997 12.5 percent 17 1998 25 percent 18 1999 37.5 percent 19 2000 50 percent 20 2001 62.5 percent 21 2002 75 percent 22 2003 87.5 percent 23 2004 100 percent 24 25 26 SECTION 67 27 28 TO AMEND CHAPTER 45, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO 29 COUNTY TREASURERS AND COLLECTION OF TAXES SO AS TO PROVIDE THAT A COUNTY 30 TREASURER MAY INSTITUTE COLLECTION PROCEEDINGS FOR THE PAYMENT OF TAXES OR FEES 31 ON A CHECK THAT IS RETURNED UNPAID INCLUDING APPLICABLE SERVICE CHARGE FEES. 32 33 A. Chapter 45, Title 12 of the 1976 Code is amended by adding: 34 35 "Section 12-45-110. If an uncertified check is accepted by a county treasurer as payment for taxes or fees and the 36 check is returned to the county treasurer unpaid for any cause, the county treasurer may institute proceedings pursuant to 37 Section 34-11-70 to collect on the check, including all applicable service charges or fees." 38
PART II PAGE 607 1 B. This section takes effect upon approval of the Governor. 2 3 SECTION 68 4 5 TO AMEND THE 1976 CODE BY ADDING SECTIONS 12-6-555 AND 12-36-75 SO AS TO PROVIDE THAT A 6 PERSON THAT DOES NOT OTHERWISE HAVE A NEXUS WITH SOUTH CAROLINA AND THAT HAS 7 CONTRACTED FOR COMMERCIAL PRINTING AT A SOUTH CAROLINA PREMISES SHALL NOT BE 8 CONSIDERED TO HAVE INCOME DERIVED FROM SOURCES WITHIN SOUTH CAROLINA OR BE 9 SUBJECT TO THE SALES AND USE TAX UNDER CERTAIN CONDITIONS. 10 11 (A) The 1976 Code is amended by adding: 12 13 "Section 12-6-555. Notwithstanding any other provision of this chapter, with respect to a person that does not 14 otherwise have a nexus with South Carolina, and that has contracted with a commercial printer for printing: 15 (1) the ownership or leasing by that person of tangible or intangible property located at the South Carolina premises 16 of the commercial printer and used in connection with printing contracts; 17 (2) the sale by that person of property printed or imprinted at and shipped or distributed from the South Carolina 18 premises of the commercial printer by the commercial printer; 19 (3) the activities performed pursuant or incident to a printing contract by or on behalf of that person at the South 20 Carolina premises of the commercial printer by the commercial printer; or 21 (4) the activities performed pursuant or incident to a printing contract by the commercial printer in South Carolina for 22 or on behalf of that person; 23 shall not cause that person to have income derived from sources within South Carolina for purposes of the taxes imposed 24 by this chapter, unless that person engages in other activities in South Carolina that exceed the protection of 15 U.S.C. 25 Section 381. The person shall not be considered to have a fixed place of business in South Carolina at either the commercial 26 printer's premises or at any place where the commercial printer performs printing and related services on behalf of that 27 person." 28 29 (B) The 1976 Code is amended by adding: 30 31 "Section 12-36-75. (A) Notwithstanding any other provision of this chapter, tangible or intangible property that is: 32 (1) owned or leased by a person that has contracted with a commercial printer for printing and used in connection 33 with a printing contract; and 34 (2) located at the premises of the commercial printer; 35 shall not be considered to be, or to create, an office, a place of distribution, a sales location, a sample location, a warehouse, 36 a storage place, or other place of business maintained, occupied, or used in any way by the person. A commercial printer 37 with which a person has contracted for printing by reason of any printing contract which may include storing and shipping
PART II PAGE 608 1 the items printed shall not be considered to be in any way a representative, an agent, a salesman, a canvasser, or a solicitor 2 for the person. 3 (B) Notwithstanding any other provision of this chapter, the following shall not cause a person that has contracted with 4 a commercial printer for printing to have a duty to register as a retailer or to collect or remit the sales or use tax imposed 5 by this chapter: 6 (1) the ownership or leasing by that person of tangible or intangible property located at the South Carolina 7 premises of the commercial printer and used in connection with printing contracts; 8 (2) the sale by that person of property printed or imprinted at and shipped or distributed from the South Carolina 9 premises of the commercial printer by the commercial printer; 10 (3) the activities performed pursuant or incident to a printing contract by or on behalf of that person at the South 11 Carolina premises of the commercial printer by the commercial printer; or 12 (4) the activities performed pursuant or incident to a printing contract by the commercial printer in South Carolina 13 for or on behalf of that person." 14 15 SECTION 69 16 17 TO AMEND SECTION 12-43-220(c)(1), AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, 18 RELATING TO THE FOUR PERCENT ASSESSMENT RATIO FOR PROPERTY TAXATION OF LEGAL 19 RESIDENCES, SO AS TO INCLUDE ADDITIONAL DWELLINGS OCCUPIED BY IMMEDIATE FAMILY 20 MEMBERS. 21 22 A. Section 12-43-220(c)(1) of the 1976 Code, as last amended by Act 431 of 1996, is further amended to read: 23 24 "(1) The legal residence and not more than five acres contiguous thereto, when owned totally or in part in fee or by 25 life estate and occupied by the owner of the interest, and additional dwellings located on the same property and occupied 26 by immediate family members of the owner of the interest, are is taxed on an assessment equal to four percent of the fair 27 market value of the property. If residential real property is held in trust and the income beneficiary of the trust occupies the 28 property as a residence, then the assessment ratio allowed by this item applies if the trustee certifies to the assessor that the 29 property is occupied as a residence by the income beneficiary of the trust. When the legal residence is located on leased 30 or rented property and the residence is owned and occupied by the owner of a residence on leased property, even though 31 at the end of the lease period the lessor becomes the owner of the residence, the assessment for the residence is at the same 32 ratio as provided in this item. If the lessee of property upon which he has located his legal residence is liable for taxes on 33 the leased property, then the property upon which he is liable for taxes, not to exceed five acres contiguous to his legal 34 residence, must be assessed at the same ratio provided in this item. If this property has located on it any rented mobile 35 homes or residences which are rented or any business for profit, this four percent value does not apply to those businesses 36 or rental properties. For purposes of the assessment ratio allowed pursuant to this item, a residence does not qualify as a 37 legal residence unless the residence is determined to be the domicile of the owner-applicant. A taxpayer may receive the 38 four percent assessment ratio on only one residence for a tax year." 39
PART II PAGE 609 1 B. This act takes effect for property taxes beginning after 1997. 2 3 SECTION 70 4 5 TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING 6 TO ENTITIES ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLANS, 7 SO AS TO EXTEND ELIGIBILITY TO THE SOUTH CAROLINA STATE EMPLOYEES' ASSOCIATION. 8 9 A. Section 1-11-720(A) of the 1976 Code, as last amended by Act 458 of 1996, is further amended to by adding an 10 appropriately numbered item at the end to read: 11 12 "( ) the South Carolina State Employees' Association." 13 14 B. This section takes effect July 1, 1997. 15 16 SECTION 71 17 18 TO AMEND SECTION 6-1-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO 19 REAL ESTATE TRANSFER FEES, BY PROVIDING THAT THE GOVERNING BODY OF EACH COUNTY, 20 MUNICIPALITY, SCHOOL DISTRICT, OR SPECIAL PURPOSE DISTRICT MAY NOT IMPOSE ANY FEE OR 21 TAX OF ANY NATURE OR DESCRIPTION ON THE TRANSFER OF REAL PROPERTY UNLESS THE 22 GENERAL ASSEMBLY HAS EXPRESSLY AUTHORIZED BY GENERAL LAW THE IMPOSITION OF THE 23 FEE OR TAX; TO PROVIDE THAT THE LOCAL GOVERNING BODIES THAT ENACTED AND COLLECTED 24 FEES ON TRANSFERS OF REAL ESTATE PENDING RESOLUTION OF THEIR DISPUTE OVER THE 25 REQUIREMENT THAT THE COLLECTED FUNDS BE REMITTED TO THE STATE TREASURER, BE 26 ALLOWED TO USE THOSE FUNDS COLLECTED AS OF JULY 1, 1997, FOR THEIR ORIGINALLY 27 INTENDED SPECIFIC LOCAL PURPOSES, OR IN THE ALTERNATIVE, TO REFUND THE FEES TO THOSE 28 WHO PAID THEM. 29 30 A. Section 6-1-70 of the 1976 Code is amended to read: 31 32 "Section 6-1-70. (A) The governing body of each county and, municipality, school district, or special purpose district 33 may not impose any fee or tax of any nature or description on the transfer of real property unless the General Assembly has 34 expressly authorized by general law the imposition of the fee or tax. which enacts and collects any fee which is charged on 35 the transfer of real estate shall, not later than ten days after the close of a fiscal year quarter, remit to the State Treasurer an 36 amount equal to the amount of real estate transfer fees collected in the previous fiscal year quarter. The county or 37 municipality may voluntarily elect to have the State Treasurer or Comptroller General, as appropriate, deduct the amount
PART II PAGE 610 1 required to be remitted from any distributions authorized to be made to the county or municipality under Aid to 2 Subdivisions." 3 4 B. The local governing bodies that enacted and collected fees on transfers of real estate pending resolution of their dispute 5 over the requirement that the collected funds be remitted to the State Treasurer, be allowed to use those funds collected as 6 of July 1, 1997, for their originally intended specific local purposes, or in the alternative, to refund the fees to those who 7 paid them. 8 9 C. This section takes effect July 1, 1997. 10 11 SECTION 72 12 13 TO AMEND SECTION 6-1-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REAL ESTATE 14 TRANSFER FEES SO AS TO PROVIDE THAT A MUNICIPALITY THAT ORIGINALLY ENACTED A REAL 15 ESTATE TRANSFER FEE PRIOR TO JANUARY 1, 1991 MAY IMPOSE AND COLLECT A REAL ESTATE 16 TRANSFER FEE, BY ORDINANCE, REGARDLESS OF WHETHER IMPOSITION OF THE FEE WAS 17 DISCONTINUED FOR A PERIOD AFTER JANUARY 1, 1991; TO PROVIDE THAT THE STATE TREASURER 18 IS DIRECTED TO RETURN ANY REAL ESTATE TRANSFER FEES WHICH HAVE BEEN REMITTED TO HIS 19 OFFICE TO THE LOCAL GOVERNING BODY WHICH REMITTED THOSE FUNDS SO THE FUNDS MAY 20 BE USED FOR THEIR ORIGINALLY INTENDED SPECIFIC LOCAL PURPOSES. 21 22 A. Section 6-1-70 of the 1976 Code is amended by adding: 23 24 "(B) A municipality that originally enacted a real estate transfer fee prior to January 1, 1991 may impose and collect 25 a real estate transfer fee, by ordinance, regardless of whether imposition of the fee was discontinued for a period after 26 January 1, 1991." 27 28 B. The State Treasurer is directed to return any real estate transfer fees which have been remitted to his office to the local 29 governing body which remitted those funds so the funds may be used for their originally intended specific local purposes. 30 31 C. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this section or of Section 6-1- 32 70 for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the 33 remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every 34 section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any 35 one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be 36 declared to be unconstitutional, invalid, or otherwise ineffective. 37 38 D. This section takes effect July 1, 1997. 39
PART II PAGE 611 1 SECTION 73 2 3 TO AMEND SECTIONS 6-27-45 AND 12-37-251, AS AMENDED, BOTH OF THE 1976 CODE, RELATING TO 4 HOMESTEAD EXEMPTION REIMBURSEMENTS AND THE OWNER-OCCUPIED RESIDENTIAL PROPERTY 5 SCHOOL OPERATING MILLAGE TAX EXEMPTION, SO AS TO DELETE REFERENCES TO THE 6 REIMBURSEMENT DISTRIBUTION FORMULA AFTER THE 1997 PROPERTY TAX YEAR AND TO 7 ESTABLISH A STUDY COMMITTEE OF EIGHT MEMBERS, FOUR HOUSE MEMBERS APPOINTED BY THE 8 SPEAKER AND FOUR SENATORS APPOINTED BY THE PRESIDENT PRO TEMPORE TO REVIEW THE 9 DISTRIBUTION FORMULA ISSUE AND MAKE RECOMMENDATIONS BEFORE FEBRUARY 1, 1998, FOR 10 A DISTRIBUTION FORMULA APPLICABLE BEGINNING WITH THE 1998 PROPERTY TAX YEAR. 11 12 A. It is the intent of the General Assembly by this section to eliminate the existing residential property tax reimbursement 13 distribution formula for property tax years after 1997. The existing formula is hereby repealed for property tax years after 14 1997 and is to be replaced by a revised formula enacted by the General Assembly, as provided for herein, after the report 15 is issued by the study committee as set forth in subsection E. This section does not affect the distribution formula for 16 property tax year 1997. 17 18 B. Section 6-27-45 of the 1976 Code, as added by Act 145 of 1995, is further amended to read: 19 20 "Section 6-27-45. Notwithstanding the amount appropriated in the annual general appropriations act for Homestead 21 Exemption Reimbursement', there must be annually appropriated whatever amount is necessary to reimburse the counties 22 and municipalities of the State for all reimbursed homestead exemptions allowed in accordance with the provisions of law 23 the homestead exemption allowed pursuant to Section 12-37-250." 24 25 C. Section 12-37-251(B) of the 1976 Code, as last amended by Act 458 of 1996, is further amended to read: 26 27 "(B) School districts must be reimbursed, in the manner provided in Section 12-37-270, for the revenue lost as a result 28 of the homestead exemption provided in this section except that ninety percent of the reimbursement must be paid in the 29 last quarter of the calendar year." Reserved 30 31 D. There is established the Residential Property Tax Relief Reimbursement Distribution Study Committee consisting of 32 eight members, four members of the Senate appointed by the President Pro Tempore of the Senate and four members of the 33 House of Representatives appointed by the Speaker of the House. The committee shall make a study of the reimbursement 34 distribution issue for the residential property tax exemption and make recommendations for a formula beginning with 35 reimbursement distributions for the 1998 property tax year. The committee's recommendation must be forwarded to the 36 President Pro Tempore and the Speaker, and the respective chairmen of the Senate Finance Committee and the Ways and 37 Means Committee of the House of Representatives before February 1, 1998. 38
PART II PAGE 612 1 E. Subsections B and C of this section apply for property tax years beginning after 1997. Subsections A and E take effect 2 July 1, 1997. 3 4 SECTION 74 5 6 TO AMEND TITLE 11 OF THE 1976 CODE, RELATING TO PUBLIC FINANCE, BY ADDING CHAPTER 42 7 SO AS TO ENACT THE "SOUTH CAROLINA COMPREHENSIVE INFRASTRUCTURE DEVELOPMENT 8 ACT" SO AS TO ESTABLISH A STATE PROGRAM TO COORDINATE INFRASTRUCTURE PLANNING 9 AMONG STATE, REGIONAL, AND LOCAL UNITS OF GOVERNMENT, ASSIST IN DEVELOPMENT OF 10 COMPREHENSIVE REGIONAL INFRASTRUCTURE DEVELOPMENT PLANS, AND IDENTIFY AND 11 PROVIDE FUNDING AND FINANCIAL ASSISTANCE FOR CONSTRUCTING AND IMPROVING 12 INFRASTRUCTURE. 13 14 A. (1) The General Assembly recognizes that the infrastructure needs of the State of South Carolina have reached a critical 15 stage, and that there has been a lack of comprehensive planning for both infrastructure development and infrastructure 16 funding which has contributed to this situation. 17 (2) The General Assembly further recognizes that all levels of government, including municipal, county, regional and 18 state, must be enabled and structured to coordinate infrastructure development and infrastructure funding. At the same time, 19 the General Assembly recognizes and supports the independent authority of local government over local functions and 20 governance; and 21 (3) The General Assembly recognizes as well that certain state programs related to infrastructure development have 22 not been coordinated or focused to ensure that infrastructure development throughout South Carolina is efficient and 23 consistent with comprehensive state and regional planning. Similarly, certain public monies directed through state agencies 24 that underwrite infrastructure development have not been used to maximum efficiency, or in a manner consistent with 25 comprehensive state and regional infrastructure planning. It has therefore determined to enact the provisions of Chapter 26 42 of Title 11 as contained in this section. 27 28 B. Title 11 of the 1976 Code is amended by adding: 29 30 "CHAPTER 42 31 32 Comprehensive Infrastructure Development Act 33 34 Section 11-42-10. This chapter may be cited as the South Carolina Comprehensive Infrastructure Development Act. 35 36 Section 11-42-20. Comprehensive infrastructure development and planning is vitally important to the State and to its 37 local political subdivisions. The General Assembly, by this chapter, creates a state program and a unit of state government 38 to work with state agencies, regional councils of government, and local political subdivisions to coordinate infrastructure
PART II PAGE 613 1 planning, to assist in development of comprehensive regional infrastructure development plans, and to identify and 2 coordinate the funding related to infrastructure development distributed through state agencies in order to maximize 3 efficiency and promote comprehensive infrastructure development planning. 4 5 Section 11-42-30. As used in this chapter: 6 (1) Board' means the State Budget and Control Board. 7 (2) County' means any county of this State. 8 (3) Division of Regional Development' is a division of the board. This division is be the designated state program 9 for coordination of comprehensive state and regional infrastructure planning. 10 (4) Director' is the Director of the Division of Regional Development. 11 (5) Executive director' means the executive director of the board. 12 (6) Infrastructure' means the basic facilities, services, and installations needed for the functioning of government 13 including, but not limited to, water, sewer, and public sector communications. Infrastructure as used in this chapter does 14 not mean transportation, power delivery systems, health planning and delivery systems, or except for the purposes of public 15 sector communications planning, commercial communication systems. 16 (7) Infrastructure Development Plans' means any written proposal by the State, county, municipality, special purpose 17 district or regional council of government that involves development of infrastructure as defined in this chapter. These plans 18 include, but are not limited to, such matters as water and sewerage systems, and communications. The plans must be 19 proposed and prepared pursuant to recommended standards and procedures for the preparation and implementation of 20 infrastructure development plans established in accordance with this chapter by the Division of Regional Development and 21 the Regional Councils of Government. 22 (8) Municipality' as described in Section 5-1-20 means any city or town which has been issued a certificate of 23 incorporation or which has been created by act of the General Assembly. 24 (9) Political subdivision' means any municipality, county, public service district, or special purpose district. 25 (10) Regional Councils of Government' are as described in Section 6-7-110. 26 (11) South Carolina Advisory Commission on Intergovernmental Relations' means the commission created pursuant 27 to Section 1-27-10 which, as part of the office of the executive director of the board, researches intergovernmental problems. 28 (12) State Advisory Council for Regional Development' or state council' means the Advisory Council for Regional 29 Development created by this chapter. 30 (13) Communications' means public sector communications. 31 32 Section 11-42-40. (A) There is created the Division of Regional Development as a division within the State Budget 33 and Control Board. The division shall report to the executive director of the board. 34 (B) The division is managed and directed by a director appointed by the executive director of the board, and who shall 35 serve at the pleasure of the executive director. 36 37 Section 11-42-50. The Division of Regional Development is the state program responsible for the creation of a state 38 infrastructure development plan, for the coordination of regional infrastructure development plans, and for the coordination
PART II PAGE 614 1 of state programs and resources that impact or affect infrastructure development. To fulfill its public mandate, the division 2 is expressly authorized to perform the following functions and exercise the following powers: 3 (1) prescribe recommended elements to be included in any comprehensive regional infrastructure development plan; 4 (2) coordinate and qualify regional infrastructure development plans; 5 (3) create a state infrastructure development plan through consultation with other appropriate state agencies; 6 (4) provide training, education, resources and technical assistance to enable and support the efforts of local 7 governments and the Regional Councils of Government to create and develop comprehensive infrastructure development 8 plans; 9 (5) to participate as a party, as an advocate, or otherwise, in state government and state agency decision-making 10 processes that impact or affect infrastructure development; 11 (6) to coordinate relevant state government actions and programs that impact or affect infrastructure development in 12 order to focus and direct these actions and programs to support and assist the development and implementation of the State 13 and regional infrastructure development plans; 14 (7) to identify and coordinate public funds, regardless of original source, that are expended or distributed by state 15 agencies to help underwrite or support infrastructure development in order that state agency expenditures and distributions 16 of public funds are both consistent with and supportive of state and regional infrastructure development plans; and 17 (8) to request and receive assistance and support from other state agencies and programs as needed by the division. 18 19 Section 11-42-60. The division shall function as a division of the State Budget and Control Board and has all 20 administrative and program authority necessary to fulfill its public mandate including, but not limited to, the following 21 powers: 22 (1) to solicit, receive, and expend public and private funds from any relevant sources and entities in order to carry out 23 the purposes of the division; and 24 (2) to prescribe and charge fees for its services, which fees must be retained and expended for division purposes. 25 26 Section 11-42-70. There is created the State Advisory Council for Regional Development. The state council is 27 composed of the following ex-officio members or their designees: the Executive Director of the State Budget and Control 28 Board, the Directors of the Department of Parks, Recreation and Tourism, the Department of Commerce, the Department 29 of Natural Resources, and the Department of Health and Environmental Control. In addition, the state council shall include 30 three members from the private sector appointed by the Governor upon the recommendation of the South Carolina 31 Association of Regional Councils of Government. These three members so appointed shall serve three-year terms. There 32 also must be three members appointed by the Governor who shall serve at the pleasure of the Governor. Any person 33 appointed to fill a vacancy on the Advisory Council shall be appointed in the same manner as the original appointee and 34 shall serve for the remainder of the unexpired term. Any member is eligible for reappointment and a member shall serve 35 until a successor is appointed and qualifies. The Governor shall select the chairman. 36 A majority of the membership of the Advisory Council constitutes a quorum. The Advisory Council serves in an 37 advisory and consultative capacity to assist the division in the performance of its duties. Further, the state council shall 38 identify funding, programs and decisions that affect infrastructure development, and make recommendations concerning
PART II PAGE 615 1 these matters in order that state decision making is oriented to supporting the creation, development, and effective 2 implementation of state and regional comprehensive infrastructure development plans. 3 4 Section 11-42-80. Every state agency and program that licenses, permits, regulates, or otherwise sanctions activities 5 by government entities and programs related to infrastructure development is expressly authorized and required by this 6 chapter to consider and determine whether a respective governmental regulatory decision is consistent with state and 7 regional comprehensive infrastructure development plans. 8 9 Section 11-42-90. (A) The Regional Councils of Government shall serve as liaisons between the Division of Regional 10 Development and the political subdivisions of this State. The Regional Councils of Government, utilizing among other 11 things the infrastructure development plans of the local political subdivisions, shall develop and submit regional 12 comprehensive infrastructure development plans to the Division of Regional Development. The political subdivisions must 13 be encouraged to develop local comprehensive infrastructure development plans. The Regional Councils of Government 14 shall coordinate and assist the political subdivisions in the development of these plans. The Regional Councils of 15 Government also shall undertake and carry out such activities as necessary to assist the Division of Regional Development 16 in coordinating, developing, and implementing a coordinated and comprehensive infrastructure development plan for the 17 State. Such activities may include, but are not limited to, the following: 18 (1) The Regional Councils of Government shall assist the political subdivisions in creating and developing local 19 comprehensive infrastructure development plans. The political subdivisions shall take into account future developmental 20 needs regarding water and sewer, and communications when developing their plans. 21 (2) The Regional Councils of Government, utilizing the infrastructure development plans of the respective 22 political subdivisions, among other things, shall assist the Division of Regional Development in coordinated and 23 comprehensive planning on the state level and throughout the State including, but not limited to, assistance in the 24 development of an infrastructure development plan for the State. 25 (3) The Regional Councils of Government, utilizing the infrastructure development plans of the respective 26 political subdivisions shall assist the Division of Regional Development in defining the state's long-term goals, objectives, 27 and priorities and implementing those goals, objectives, and priorities through a coordinated and comprehensive 28 infrastructure development plan. 29 (B) The Regional Councils of Government shall establish recommended standards and procedures for preparation of 30 local comprehensive infrastructure development plans, for implementation of infrastructure development plans, and for 31 participation in the infrastructure development planning process. Such activities may include, but are not limited to, the 32 following: 33 (1) As part of such recommended standards and procedures, the Regional Councils of Government shall establish 34 elements which must be addressed and included in the infrastructure development plans of political subdivisions which are 35 prepared as part of the coordinated and comprehensive planning process. These plans shall include, but are not limited to, 36 water and sewer services and communications. 37 (2) The Regional Councils of Government shall establish recommended standards and procedures which must 38 be used by the political subdivisions in developing, preparing, and implementing their infrastructure development plans.
PART II PAGE 616 1 In establishing such standards and procedures, the Regional Councils of Government are authorized to differentiate among 2 the political subdivisions based upon factors which the councils determine merit differentiation, such as total population, 3 density of population, geographic features, the size of tax base, projected growth, the type and character of services furnished 4 by local governments, the size of the budget, need, and other factors. 5 (3) The Regional Councils of Government, in developing planning procedures with respect to regionally 6 important resources, shall focus on elements of regional districts with respect to developments of regional impact, and 7 encourage interjurisdictional cooperation among the political subdivisions. The councils shall determine, in their judgment 8 for each region, what constitutes developments of regional impact. Such determinations by the councils must be made for 9 each region only after requesting any necessary information from their respective political subdivisions. 10 (C) The political subdivisions are encouraged to coordinate with and assist the Regional Councils of Government in 11 developing local and regional comprehensive infrastructure development plans. Political subdivisions are encouraged to 12 coordinate with the Regional Councils of Government in the analysis and preparation of these plans. The political 13 subdivisions shall utilize information relating to water and sewer services and communications. Further, data relating to 14 current population and projected growth, tax base, local budget information, geographic factors, other demographics, and 15 other data considered necessary must be utilized by the Regional Councils of Government." 16 17 SECTION 75 18 19 TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL 20 LICENSE PLATES, BY ADDING ARTICLE 53 SO AS TO PROVIDE FOR A SPECIAL LICENSE PLATE FOR 21 MAYORS OF THE STATE. 22 23 A. Chapter 3, Title 56 of the 1976 Code is amended by adding: 24 25 "Article 53 26 27 Mayor License Plates 28 29 Section 56-3-5110. The department may issue special motor vehicle license plates to mayors of the State for private 30 motor vehicles registered in their names. The fee for the issuance of this special plate must be the regular motor vehicle 31 registration fee contained in Article 5, Chapter 3 of this title which must be deposited in the state general fund and the 32 special fee required by Section 56-3-2020 which must be deposited with the Department of Revenue. The department shall 33 assess the cost of production, administration, and issuance of this plate and provide this information to the General Assembly 34 every five years. The department shall receive two hundred or more applications requesting a special mayor's license plate 35 before the plates authorized by this article may be developed." 36 37 B. This section takes effect upon approval by the Governor. 38
PART II PAGE 617 1 SECTION 76 2 3 TO PROHIBIT THE GEORGETOWN WATER AND SEWER DISTRICT IN GEORGETOWN COUNTY FROM 4 FORECLOSING ON ANY LIEN AS A RESULT FROM THE FAILURE TO PAY A FEE ASSESSED BY THE 5 DISTRICT ON UNDEVELOPED PROPERTY IN THE DISTRICT UNTIL THE PROPERTY TO WHICH THE 6 LIEN HAS ATTACHED IS DEVELOPED. 7 8 A. The Georgetown Water and Sewer District in Georgetown County is prohibited from foreclosing on any lien as a result 9 from the failure to pay a fee assessed by the district on undeveloped property in the district until the property to which the 10 lien has attached is developed. 11 12 B. This section takes effect July 1, 1997. 13 14 SECTION 77 15 16 AUTHORIZING THE STATE BUDGET AND CONTROL BOARD TO BORROW AN AMOUNT NOT TO 17 EXCEED THIRTY-ONE AND ONE-HALF MILLION DOLLARS ON A ONE-YEAR NOTE FOR THE USE OF 18 THE STATE DEPARTMENT OF EDUCATION TO PURCHASE SCHOOL BUSES AND RELATED SERVICE 19 VEHICLES, AND TO PROVIDE THAT THIS NOTE CONSTITUTES GENERAL OBLIGATION DEBT OF THE 20 STATE, AND TO MAKE REPAYMENT OF THIS NOTE THE FIRST PRIORITY FOR APPROPRIATIONS 21 FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1997-98. 22 23 The State Budget and Control Board is authorized to issue not more than thirty-one and one-half million dollars of general 24 obligation debt of the State in the form of a one-year promissory note for the use for the State Department of Education to 25 purchase school buses and related service vehicles. This debt must be issued under the terms and conditions prescribed by 26 the board and the loan proceeds must be disbursed as provided by the board. Repayment of this note must be the first 27 priority in appropriations from the Capital Reserve Fund for Fiscal Year 1997-98. In accordance with the provisions of 28 Article X, Section 13 of the State Constitution the full faith, credit, and taxing power of the State is pledged to the payment 29 of the principal of and interest on this general obligation debt. 30 31 SECTION 78 32 33 TO AMEND SECTION 44-93-210 OF THE 1976 CODE, RELATING TO THE ANNUAL ESTIMATE OF 34 INFECTIOUS WASTE COMMERCIAL TREATMENT, SO AS TO REMOVE THE CAP OF ONE-TWELFTH 35 THE ESTIMATE AND PROVIDE FOR A LIMITATION TO THE AMOUNT PERMITTED BY THE 36 DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO AMEND SECTION 44-93-160, 37 RELATING TO FEES ON COMMERCIAL TREATMENT OF WASTE, SO AS TO REDUCE THE FEE AFTER
PART II PAGE 618 1 THE FIRST ONE THOUSAND FIVE HUNDRED TONS IN A MONTH; AND TO AMEND SECTION 44-93-165 2 SO AS TO LIMIT THE PAYMENT INTO THE INFECTIOUS WASTE PROGRAM FUND. 3 4 A. Section 44-93-210 of the 1976 Code is amended to read: 5 6 "Section 44-93-210. (A) Annually the department shall estimate and publish the amount of infectious waste it expects 7 to be generated within this State during the succeeding calendar year. No permitted infectious waste incinerator treatment 8 facility may burn treat more than one-twelfth of the annual estimate of infectious waste during any one month of the year 9 to which the estimate applies the amount the department allows it to treat by permit. However, at no time may the limit on 10 the amount of infectious waste burned in a month be less than fifteen hundred tons. 11 (B) For purposes of this section, a permitted infectious waste incinerator treatment facility means a site where 12 infectious waste is incinerated regardless of the number of incinerator units or the ownership of the units." 13 14 B. Section 44-93-160(A) of the 1976 Code is amended to read: 15 16 "(A) There is a fee on the treatment of infectious waste in this State equal to thirty dollars a ton for the first one 17 thousand five hundred tons in a month and eight dollars a ton in excess of one thousand five hundred tons a month on the 18 pretreatment weight of infectious waste to be imposed upon facilities required to be permitted pursuant to this chapter." 19 20 C. Section 44-93-165 of the 1976 Code is amended to read: 21 22 "Section 44-93-165. The department shall establish an Infectious Waste Program Fund to ensure the availability of 23 funds to carry out the department's responsibilities under this chapter. This fund must be financed by the fees imposed 24 pursuant to Section 44-93-160. From the revenue derived from the fees on infectious waste, an amount equal to eight dollars 25 per a ton for the first one thousand five hundred tons in a month must be deposited into the Infectious Waste Program Fund." 26 27 D. This section takes effect July 1, 1997. 28 29 SECTION 79 30 31 TO AMEND SECTION 4-37-30, OF THE 1976 CODE, RELATING TO LOCAL SALES AND USE TAXES FOR 32 TRANSPORTATION FACILITIES, SO AS TO PROVIDE THAT THE TAX MAY BE IMPOSED FOR SINGLE 33 OR MULTIPLE PROJECTS; TO CLARIFY THE TYPES OF PROJECTS FOR WHICH THE PROCEEDS OF 34 THE TAX ARE TO BE USED; TO REQUIRE THAT THE REFERENDUM HELD BEFORE A TAX MAY BE 35 IMPOSED NOT BE HELD MORE OFTEN THAT ONCE IN TWELVE MONTHS AND MUST BE HELD ON THE 36 TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER; AND TO DELETE OBSOLETE 37 PROVISIONS; AND TO AMEND SECTION 4-37-20 RELATING TO THE RIGHTS AND POWERS OF
PART II PAGE 619 1 TRANSPORTATION AUTHORITIES SO AS TO REMOVE THE POWER OF EXERCISING EMINENT 2 DOMAIN. 3 4 A. Section 4-37-30(A) of the 1976 Code, as added by Act 52 of 1995, is amended to read: 5 6 "(A) Subject to the requirements of this section, the governing body of a county may by ordinance impose a one 7 percent sales and use tax within its jurisdiction for a single project or for multiple projects and for a specific period of time 8 to collect a limited amount of money. 9 (1) The governing body of a county may vote to impose the tax authorized by this section, subject to a 10 referendum, by enacting an ordinance. The ordinance must specify: 11 (a) the project or projects and a description of the project or projects for which the proceeds of the tax are 12 to be used, which may include projects located within or without, or both within and without, the boundaries of the county 13 imposing the tax and which may include: 14 (i) highways, roads, streets, bridges, and other transportation-related projects facilities including, but not 15 limited to, drainage facilities relating to the highways, roads, streets, bridges, and other transportation-related projects; 16 (ii) jointly-operated projects, of the type specified in sub-subitem (i), of the county and South Carolina 17 Department of Transportation; or 18 (iii) projects, of the type specified in sub-subitem (i), operated by the county or jointly-operated projects 19 of the county and other governmental entities.; 20 (b) the maximum time, stated in calendar years or calendar quarters, or a combination of them, not to exceed 21 twenty-five years or the length of payment for the each project whichever is shorter in length, for which the tax may be 22 imposed; 23 (c) the estimated capital cost of the project or projects to be funded in whole or in part from proceeds of the 24 tax and the principal amount of bonds to be supported by the tax; and 25 (d) the anticipated year the tax will end. 26 (2) Upon receipt of the ordinance, the county election commission shall conduct a referendum on the question 27 of imposing the optional special sales and use tax in the jurisdiction. If the ordinance is received prior to January 1, 1996, 28 the referendum must be held on the first Tuesday occurring sixty days after the election commission receives the ordinance. 29 If that Tuesday is a legal holiday, then the referendum must be held on the next succeeding Tuesday that is not a holiday. 30 If the ordinance is received on January 1, 1996, or thereafter, the referendum must only be held at the time of a general 31 election. If the ordinance is received prior to January 1, 1998, a referendum for this purpose may be held on the Tuesday 32 following the first Monday in November; however, if the ordinance is received on January 1, 1998, or thereafter, a 33 referendum for this purpose must be held at the time of the general election. The commission shall publish the date and 34 purpose of the referendum once a week for four consecutive weeks immediately preceding the date of the referendum, in 35 a newspaper of general circulation in the jurisdiction. A public hearing must be conducted at least fourteen days before the 36 referendum, after publication of a notice setting forth the date, time, and location of the public hearing. The notice must 37 be published in a newspaper of general circulation in the county at least fourteen days before the date fixed for the public 38 hearing.
PART II PAGE 620 1 (3) A separate question must be included on the referendum ballot for each purpose and the question must read 2 substantially as follows: 3 I approve a special one percent sales and use tax to be imposed in (county) for not more than (time) to fund 4 the following project or projects: 5 Project (1) for _______ $ _________ 6 7 Yes _____ 8 9 No _____ 10 11 Project (2), etc.' 12 In addition, the referendum shall contain a question on the authorization of general obligation bonds under the 13 exemption provided in Section 14(6), Article X of the Constitution of South Carolina, 1895, so that revenues derived from 14 the imposition of the optional sales and use tax may be pledged to the repayment of the bonds. The additional question must 15 read substantially as follows: 16 I approve the issuance of not exceeding $ _____ of general obligation bonds of _____ County, maturing over 17 a period not to exceed ___ years to fund the _____ project or projects. 18 19 Yes ____ 20 21 No ____' 22 23 If the referendum on the question relating to the issuance of general obligation bonds is approved, the county 24 may issue bonds in an amount sufficient to fund the expenses of the project or projects. 25 (4) All qualified electors desiring to vote in favor of imposing the tax for a particular purpose shall vote yes' 26 and all qualified electors opposed to levying the tax for a particular purpose shall vote no'. If a majority of the votes cast 27 are in favor of imposing the tax for one or more of the specified purposes, then the tax is imposed as provided in this section; 28 otherwise, the tax is not imposed. The election commission shall conduct the referendum under the election laws of this 29 State, mutatis mutandis, and shall certify the result no later than sixty days after the date of the referendum to the appropriate 30 governing body and to the Department of Revenue. Included in the certification must be the maximum cost of the project 31 or projects or facilities to be funded in whole or in part from proceeds of the tax, the maximum time specified for the 32 imposition of the tax, and the principal amount of bonds to be supported by the tax receiving a favorable vote. Expenses 33 of the referendum must be paid by the jurisdiction conducting the referendum. If the tax is approved in the referendum, the 34 tax is imposed effective the first day of the month occurring one hundred eighty days after the date of the referendum. If 35 the certification is not timely made to the Department of Revenue, the imposition is postponed for twelve months. 36 (5) The tax terminates on the earlier of: 37 (a) the final day of the maximum time specified for the imposition; or
PART II PAGE 621 1 (b) the end of the calendar month during which the Department of Revenue determines that the tax has raised 2 revenues sufficient to provide the greater of either the cost of the project or projects as approved in the referendum or the 3 cost to amortize all debts related to the approved projects. 4 (6) When the optional sales and use tax is imposed, the governing body of the jurisdiction authorizing the 5 referendum for the tax shall by definition include more than one item as defined in (a)(i) and (a)(ii) as long as the projects 6 are connected and form a single transportation system to describe the single project or multiple projects for which the 7 proceeds of the tax are to be used. 8 (7) Amounts collected in excess of the required proceeds must first be applied, if necessary, to complete each 9 project for which the tax was imposed. Any additional revenue collected above the specified amount must be applied to 10 the reduction of debt principal of the imposing political subdivision on transportation infrastructure debts only. 11 (8) The tax levied pursuant to this section must be administered and collected by the Department of Revenue in 12 the same manner that other sales and use taxes are collected. The department may prescribe the amounts which may be 13 added to the sales price because of the tax. 14 (9) The tax authorized by this section is in addition to all other local sales and use taxes and applies to the gross 15 proceeds of sales in the applicable jurisdiction which are subject to the tax imposed by Chapter 36 of Title 12 and the 16 enforcement provisions of Chapter 54 of Title 12. The gross proceeds of the sale of items subject to a maximum tax in 17 Chapter 36 of Title 12 are exempt from the tax imposed by this section. The gross proceeds of the sale of food lawfully 18 purchased with United States Department of Agriculture food stamps are exempt from the tax imposed by this section. The 19 tax imposed by this section also applies to tangible personal property subject to the use tax in Article 13, Chapter 36 of Title 20 12. 21 (10) Taxpayers required to remit taxes under Article 13, Chapter 36 of Title 12 shall must identify the county in 22 which the tangible personal property purchase at retail is stored, used, or consumed in this State. 23 (11) Utilities are required to report sales in the county in which consumption of the tangible personal property 24 occurs. 25 (12) A taxpayer subject to the tax imposed by Section 12-36-920, who owns or manages rental units in more than 26 one county shall separately report in his sales tax return the total gross proceeds from business done in each county. 27 (13) The gross proceeds of sales of tangible personal property delivered after the imposition date of the tax levied 28 under this section in a county, either under the terms of a construction contract executed before the imposition date, or a 29 written bid submitted before the imposition date, culminating in a construction contract entered into before or after the 30 imposition date, are exempt from the special local sales and use tax provided in this section if a verified copy of the contract 31 is filed with the Department of Revenue within six months after the imposition of the special local sales and use tax. 32 (14) Notwithstanding the imposition date of the special local sales and use tax authorized pursuant to this section, 33 with respect to services that are regularly billed on a monthly basis, the special local sales and use tax is imposed beginning 34 on the first day of the billing period beginning on or after the imposition date. 35 (15) The revenues of the tax collected in each county under this section must be remitted to the State Treasurer 36 and credited to a fund separate and distinct from the general fund of the State. After deducting the amount of refunds made 37 and costs to the Department of Revenue of administering the tax, not to exceed one percent of the revenues, the State 38 Treasurer shall distribute the revenues and all interest earned on the revenues while on deposit with the State Treasurer
PART II PAGE 622 1 quarterly to the county in which the tax is imposed and these revenues and interest earnings must be used only for the 2 purpose stated in the imposition ordinance. The State Treasurer may correct misallocation costs or refunds by adjusting 3 subsequent distributions, but these adjustments must be made in the same fiscal year as the misallocation. 4 (16) The Department of Revenue shall furnish data to the State Treasurer and to the counties receiving revenues 5 for the purpose of calculating distributions and estimating revenues. The information which must be supplied to counties 6 upon request includes, but is not limited to, gross receipts, net taxable sales, and tax liability by taxpayers. Information 7 about a specific taxpayer is considered confidential and is governed by the provisions of Section 12-54-240. A person 8 violating this section is subject to the penalties provided in Section 12-54-240. 9 (17) The Department of Revenue may promulgate regulations necessary to implement this section." 10 11 B. Section 4-37-20 of the 1976 Code, as added by Act No. 52 of 1995, is amended to read: 12 13 "Section 4-37-20. The board of the authority has all the rights and powers of a public body, politic and corporate of 14 this State including, without limitation, all the rights and powers necessary or convenient to manage the business and affairs 15 of the authority and to take action as it may consider advisable, necessary, or convenient in carrying out its powers including, 16 but not limited to, the following rights and powers: 17 (1) to have perpetual succession; 18 (2) to sue and be sued; 19 (3) to adopt, use, and alter a seal; 20 (4) to make and amend bylaws for regulation of its affairs consistent with the provisions of this chapter; 21 (5) to acquire by gift, deed or easement, purchase, hold, use, improve, lease, mortgage, pledge, sell, transfer, and 22 dispose of any property, real, personal, or mixed, or any interest in any property, or revenues of the authority as security for 23 notes, bonds, evidences of indebtedness, or other obligations of the authority; 24 (6) to borrow money, make and issue notes, bonds, and other evidences of indebtedness; to secure the payment 25 of the obligations or any part by mortgage, lien, pledge, or deed of trust, on any of its property, contracts, franchises, or 26 revenues; 27 (7) to make contracts, including service contracts with a person, corporation, or partnership including, without 28 limitation, the South Carolina Department of Transportation, to provide the facilities and services provided herein; and 29 (8) to exercise the powers of eminent domain; and 30 (9) execute all instruments necessary or convenient for the carrying out of business. 31 The board of the authority is not authorized to exercise the powers of eminent domain; however, it may recommend 32 to the county governing body that property be acquired through eminent domain. The county governing body must 33 determine if the property is to be acquired through eminent domain and, if so, to commence the eminent domain 34 proceedings." 35 36 END OF PART II 37 38