South Carolina General Assembly
112th Session, 1997-1998

Bill 3400


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                    3400
Ratification Number:            222
Act Number:                     155
Type of Legislation:            General Bill GB
Introducing Body:               House
Introduced Date:                19970225
Primary Sponsor:                Ways and Means Committee HWM
                                30
All Sponsors:                   Ways and Means Committee 
Date Bill Passed both Bodies:   19970605
Date of Last Amendment:         19970605
Governor's Action:              U (line items vetoed; see history
                                page)
Date of Governor's Action:      19970614
Action on Governor's Veto:      O S (see history page for
                                Legislative action upon vetoes by
                                Governor)
Subject:                        General Appropriation Bill 1997-98, Acts Cited, State, General

History


Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

House   19980113  Continued the veto
------  19970728  Act No. A155
Senate  19970617  Governor's vetoes 7, 14, 16 and 25
                  are overridden;
                  All other vetoes are sustained
House   19970617  Governor's vetoes 7, 14, 16 and 25
                  are overridden;
                  Veto 22 is continued;
                  All other vetoes are sustained
------  19970614  Line items vetoed by Governor
------  19970609  Ratified R222
Senate  19970605  Ordered enrolled for ratification
Senate  19970605  Free Conference Committee Report         99 HFCC
                  adopted
Senate  19970605  Free Conference Powers granted,          89 SFCC Drummond
                  appointed Senators to Committee                  Land
                  of Free Conference                               Giese
House   19970605  Free Conference Committee Report         99 HFCC
                  adopted
House   19970605  Free Conference Powers granted,          99 HFCC H. Brown
                  appointed Reps. to Committee of                  Harrell
                  Free Conference                                  Quinn
Senate  19970521  Conference powers granted,               88 SCC  Drummond
                  appointed Senators to Committee                  Land
                  of Conference                                    Giese
House   19970520  Conference powers granted,               98 HCC  H. Brown
                  appointed Reps. to Committee of                  Quinn
                  Conference                                       Harrell
House   19970520  Insists upon amendment
Senate  19970520  Non-concurrence in House amendment
House   19970515  Senate amendments amended,
                  returned to Senate with amendment
Senate  19970508  Read third time, returned to House
                  with amendments
Senate  19970508  Committee amendment amended and 
                  adopted
Senate  19970507  Debate interrupted by adjournment
Senate  19970507  Committee amendment amended
Senate  19970506  Debate interrupted by adjournment
Senate  19970506  Committee amendment amended
Senate  19970501  Read second time, with notice of
                  general amendments on third reading, 
                  carrying over the Committee Report
                  and all amendments to third reading
Senate  19970430  Committee report: Favorable with         06 SF
                  amendment
Senate  19970311  Introduced, read first time,             06 SF
                  referred to Committee
House   19970306  Amended, read third time, 
                  sent to Senate
House   19970305  Amended, read second time
House   19970304  Amended, debate interrupted
                  by adjournment
House   19970303  Amended, debate interrupted
                  by adjournment
House   19970226  Set for Special Order on Monday,
                  19970303, and continue each day
                  until final disposition
House   19970225  Introduced, read first time

View additional legislative information at the LPITS web site.


(Text matches printed bill. Document has been reformatted to meet World Wide Web specifications.)

No. 155

(R222, H3400)

AN ACT

TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING, JULY 1, 1997 AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR; TO APPROPRIATE FUNDS ALLOTTED TO THE STATE GOVERNMENT UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (FEDERAL); TO AMEND SECTION 12-6-1140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INDIVIDUAL INCOME TAX, SO AS TO PROVIDE A DEDUCTION FOR TAXPAYERS AT LEAST SIXTY-FIVE YEARS OF AGE WITH A MAXIMUM DEDUCTION OF ELEVEN THOUSAND FIVE HUNDRED DOLLARS AND TO PROVIDE PROCEDURES TO IMPLEMENT THIS DEDUCTION; TO AMEND SECTION 38-7-30, AS AMENDED, RELATING TO THE TAX ON FIRE INSURERS TO COVER THE EXPENSES OF INSPECTIONS AND INVESTIGATIONS, SO AS TO PROVIDE, AMONG OTHER THINGS, FOR THE USE OF FIFTY PERCENT OF THE ONE PERCENT TAX LEVIED IN THIS SECTION FOR THE EXPENSES OF THE DIVISION OF FIRE AND LIFE SAFETY OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, TO CAP THIS AMOUNT FOR FISCAL YEAR 1997-98 ONLY, AND TO REQUIRE AN ANNUAL REPORT OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO AMEND TITLE 59, RELATING TO EDUCATION, BY ADDING CHAPTER 4 SO AS TO ESTABLISH THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM WITHIN THE SOUTH CAROLINA BUDGET AND CONTROL BOARD THROUGH WHICH TUITION ASSOCIATED WITH PUBLIC AND INDEPENDENT POST-SECONDARY EDUCATION MAY BE PAID IN ADVANCE AND FIXED AT A GUARANTEED LEVEL FOR UP TO FOUR YEARS OF UNDERGRADUATE ENROLLMENT; TO AMEND SECTION 12-6-1120, RELATING TO THE COMPUTATION OF GROSS INCOME FOR PURPOSES OF SOUTH CAROLINA INCOME TAXATION, SO AS TO PROVIDE THAT GROSS INCOME DOES NOT INCLUDE AMOUNTS EXCLUDED BY THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM; TO AMEND SECTION 59-39-100, RELATING TO THE ISSUANCE OF UNIFORM HIGH SCHOOL DIPLOMAS AND THE NUMBER OF UNITS REQUIRED TO RECEIVE A DIPLOMA, SO AS TO PROVIDE THAT, BEGINNING WITH THE NINTH GRADE CLASS OF SCHOOL YEAR 1997-98 AND THEREAFTER, THE NUMBER OF UNITS REQUIRED FOR A DIPLOMA IS TWENTY-FOUR INSTEAD OF TWENTY, TO SPECIFY THE CONTENT OF THE FOUR ADDITIONAL UNITS, AND TO REVISE THE MANNER IN WHICH OTHER UNITS MAY BE APPLIED TOWARD THESE REQUIREMENTS; TO AMEND SECTION 12-6-40, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986, INCLUDING EFFECTIVE DATES, AND TO DELETE OBSOLETE REFERENCES; TO AMEND SECTION 11-11-140, RELATING TO LIMITATIONS ON GENERAL FUND APPROPRIATIONS FOR A FISCAL YEAR AND THE USE OF SURPLUS REVENUES, SO AS TO DELETE PROVISIONS RELATING TO LIMITATIONS ON ANNUAL GENERAL FUND REVENUES AND USES OF SURPLUS REVENUES TO REFLECT IN THE SECTION THE GOVERNOR'S DUTY ANNUALLY TO PREPARE A BUDGET WITH RESPECT TO CHANGES IN ACCOUNTING METHODS, AND TO PROHIBIT THE GOVERNOR'S ANNUAL BUDGET RECOMMENDATION FROM PROPOSING THE APPROPRIATION OF SURPLUS GENERAL FUND REVENUES IN EXCESS OF AMOUNTS OFFICIALLY RECOGNIZED AS SUCH BY THE BOARD OF ECONOMIC ADVISORS, AND TO PROHIBIT THE APPROPRIATION OF SURPLUS GENERAL FUND REVENUES IN EXCESS OF AMOUNTS OFFICIALLY RECOGNIZED AS SUCH BY THE BOARD OF ECONOMIC ADVISORS; TO AMEND SECTION 12-37-251, AS AMENDED, RELATING TO RESIDENTIAL EXEMPTION REIMBURSEMENTS, SO AS TO REVISE THE SCHEDULE OF REIMBURSEMENT FOR THE RESIDENTIAL HOMESTEAD EXEMPTION; BY ADDING SECTION 59-39-105 SO AS TO PROVIDE THAT PUBLIC AND PRIVATE HIGH SCHOOL GRADUATES OF THIS STATE WHO MEET CERTAIN SPECIFIED CRITERIA SHALL RECEIVE A SUPERIOR SCHOLARS FOR TODAY AND TOMORROW (STAR) HIGH SCHOOL DIPLOMA; BY ADDING SECTION 59-39-180 SO AS TO PROVIDE THAT STUDENTS RECEIVING THE STAR DIPLOMA MEETING CERTAIN OTHER CRITERIA ALSO SHALL RECEIVE A FIVE HUNDRED DOLLAR SCHOLARSHIP TO ATTEND ANY ACCREDITED INSTITUTION OF HIGHER LEARNING OR TECHNICAL COLLEGE IN THIS STATE; BY ADDING SECTION 59-39-190 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION IS AUTHORIZED TO PROMULGATE REGULATIONS NECESSARY FOR THE IMPLEMENTATION AND ADMINISTRATION OF THE STAR DIPLOMA AND SCHOLARSHIP, AND TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL DISTRIBUTE THE SCHOLARSHIP FUNDS FOR THESE STUDENTS TO THE APPROPRIATE INSTITUTIONS; BY ADDING SECTION 59-103-175 SO AS TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION IS DIRECTED TO INCLUDE INFORMATION ABOUT THE STAR DIPLOMA IN THE HIGHER EDUCATION AWARENESS PROGRAM; TO AMEND SECTION 56-3-5010, AS AMENDED, RELATING TO THE ISSUANCE OF "PUBLIC EDUCATION: A GREAT INVESTMENT" SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT A LICENSE PLATE PURCHASER MAY DESIGNATE A SCHOOL DISTRICT OR A SCHOOL TO RECEIVE A PORTION OF THE LICENSE PLATE FEE, TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL REPORT TO THE DEPARTMENT OF EDUCATION THE SCHOOL DISTRICT AND THE SCHOOL CHOSEN BY THE LICENSE PLATE PURCHASER TO RECEIVE A PORTION OF THE LICENSE PLATE FEE, AND TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL DISTRIBUTE A PORTION OF THE LICENSE PLATE FEE TO A SCHOOL DISTRICT FOR FURTHER DISTRIBUTION TO A SCHOOL CHOSEN BY THE LICENSE PLATE PURCHASER; BY ADDING SECTION 59-19-45 SO AS TO PROVIDE THAT ALL SCHOOL BOARD MEMBERS OR MEMBERS OF COUNTY BOARDS OF EDUCATION FIRST ELECTED OR APPOINTED AFTER JULY 1, 1997, SHALL COMPLETE SUCCESSFULLY AN ORIENTATION PROGRAM, TO PROVIDE THE CONTENT OF THE PROGRAM AND FOR THE MANNER IN WHICH THIS ORIENTATION PROGRAM SHALL BE CONDUCTED, AND TO PROVIDE FOR CERTAIN REIMBURSEMENTS TO SCHOOL DISTRICTS OR COUNTY BOARDS OF EDUCATION FOR THE COST OF THIS ORIENTATION PROGRAM; TO AMEND SECTION 59-142-10, RELATING TO THE NEED-BASED GRANTS PROGRAM UNDER WHICH STUDENTS MAY RECEIVE A NEED-BASED GRANT FROM THE CHILDREN'S EDUCATION ENDOWMENT FUND, SO AS TO PROVIDE THAT PART-TIME AS WELL AS FULL-TIME STUDENTS ARE ELIGIBLE FOR SUCH GRANTS; TO AMEND TITLE 59, RELATING TO EDUCATION, BY ADDING CHAPTER 118 SO AS TO ENACT THE SOUTH CAROLINA ACADEMIC ENDOWMENT INCENTIVE ACT OF 1997 WHICH PERMITS CERTAIN STATE-SUPPORTED COLLEGES AND UNIVERSITIES TO RECEIVE STATE MATCHING FUNDS FOR ACADEMIC PURPOSES FROM THE HIGHER EDUCATION MATCHING GIFT FUND HEREIN ESTABLISHED, AND TO PROVIDE FOR THE MANNER IN WHICH STATE MATCHING FUNDS SHALL BE PROVIDED; TO AMEND SECTION 48-48-140, AS AMENDED, RELATING TO THE LOW-LEVEL RADIOACTIVE WASTE DISPOSAL TAX, SO AS TO IMPOSE A CONTINGENT LICENSE TAX ON OPERATORS OF LICENSED LOW-LEVEL RADIOACTIVE WASTE DISPOSAL SITES, TO PROVIDE THE MEASURE OF THE TAX AS AN AMOUNT EQUAL TO POSSIBLE SHORTFALLS IN THE SCHOLARSHIPS PORTION OF THE CHILDREN'S EDUCATION ENDOWMENT FUND, THE TIME OF PAYMENT, METHOD OF COLLECTION, AND DISPOSITION OF THE REVENUE; TO REPEAL SECTION 44-1-120 RELATING TO THE ANNUAL REPORT BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO THE GENERAL ASSEMBLY; TO AMEND SECTION 14-5-610, AS AMENDED, RELATING TO CIRCUIT COURTS AND CIRCUIT COURT JUDGES, SO AS TO ADD AN ADDITIONAL JUDGE FOR THE FIRST, THIRTEENTH, AND SIXTEENTH CIRCUITS; TO AMEND SECTION 20-7-1410, AS AMENDED, RELATING TO THE FAMILY COURTS AND FAMILY COURT JUDGES, SO AS TO ADD AN ADDITIONAL JUDGE FOR THE FIRST, NINTH, AND THIRTEENTH CIRCUITS, TO PROVIDE FOR THE DATE THESE JUDGES TAKE OFFICE, AND TO FURTHER PROVIDE FOR THE RESIDENCY REQUIREMENTS FOR CERTAIN OF THESE FAMILY COURT JUDGES; TO AMEND SECTION 9-8-120, AS AMENDED, RELATING TO THE RETURN OF BENEFICIARIES TO STATE SERVICE AND THE PRACTICE OF LAW FOR MEMBERS OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH A RETIRED JUDGE OR JUSTICE MUST MAKE AN ELECTION TO PRACTICE LAW OR BE ELIGIBLE FOR APPOINTMENT TO SERVE IN THE COURTS OF THIS STATE AND TO PROVIDE THAT AN ELECTION TO PRACTICE LAW IS IRREVOCABLE; BY ADDING SECTION 38-7-35 SO AS TO PROVIDE THAT ONE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS OF THE REVENUE COLLECTED ANNUALLY PURSUANT TO SECTION 38-7-30, REGARDING THE TAX ON FIRE INSURERS TO COVER EXPENSES OF INSPECTIONS AND INVESTIGATIONS, MUST BE TRANSFERRED TO THE DEPARTMENT OF LABOR, LICENSING AND REGULATION FOR CERTAIN PURPOSES RELATING TO BUILDING CODE ENFORCEMENT OFFICERS AND REQUIRE THE DEPARTMENT TO MAKE AN ANNUAL REPORT; TO AMEND SECTION 2-51-10, RELATING TO THE JOINT LEGISLATIVE STUDY COMMITTEE ON THE AGING, SO AS TO REQUIRE COMMITTEE STAFF SUPPORT TO BE PROVIDED BY THE STATE REORGANIZATION COMMISSION AND TO DELETE THE AUTHORIZATION FOR MILEAGE, SUBSISTENCE, AND PER DIEM FOR MEMBERS AND THE REFERENCE TO THE COMMITTEE'S ANNUAL APPROPRIATION; BY ADDING SECTION 59-130-35 SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF THE COLLEGE OF CHARLESTON, WITH THE CONSENT OF THE BUDGET AND CONTROL BOARD, TO SELL REMLEY'S POINT WHICH IT OWNS IN CHARLESTON COUNTY DURING FISCAL YEAR 1997-98 OR THEREAFTER, AND TO PROVIDE THAT CERTAIN FUNDS APPROPRIATED TO THE COLLEGE IN SECTION 18E, PART I OF THIS ACT, AFTER THIS PROPERTY IS SOLD SHALL BE USED FOR THE PURPOSE OF ACQUIRING THROUGH LEASE OR PURCHASE ADDITIONAL REAL AND PERSONAL PROPERTY IN CHARLESTON COUNTY WHICH SHALL BE USED FOR ATHLETIC, INTRAMURAL, OR SPORTS PROGRAMS OF THE COLLEGE, AND TO PROVIDE THAT THE PROCEEDS DERIVED FROM THIS SALE SHALL BE RETAINED BY THE COLLEGE AND USED TO REIMBURSE THE APPROPRIATION WHICH WAS USED TO FUND THIS PURCHASE; TO AMEND SECTION 56-3-2350, AS AMENDED, RELATING TO TRANSPORTER MOTOR VEHICLE LICENSE PLATES, SO AS TO LIMIT THEIR USE TO MOVEMENT OF MOTOR VEHICLES FROM A MANUFACTURER TO A DEALER OR DISTRIBUTOR, IN CONNECTION WITH THE CONSTRUCTION OF VEHICLE CABS OR BODIES, AND MOVING FORECLOSED OR REPOSSESSED VEHICLES AND TO PROHIBIT THE USE OF THESE PLATES ON VEHICLES LOANED, RENTED, OR LEASED TO EMPLOYEES OF THE TRANSPORTER OR ANY OTHER INDIVIDUALS; TO AMEND SECTION 56-19-220, RELATING TO EXEMPTIONS FROM MOTOR VEHICLE TITLING REQUIREMENTS, SO AS TO EXEMPT CERTAIN VEHICLES USED BY AN AUTOMOBILE MANUFACTURER IN ITS EMPLOYEE BENEFIT PROGRAM OR FOR TESTING AND PROMOTIONAL PURPOSES; BY ADDING SECTION 56-3-2332 SO AS TO AUTHORIZE THE DEPARTMENT OF PUBLIC SAFETY TO ISSUE REGULAR LICENSE PLATES FOR CERTAIN VEHICLES USED IN AN AUTOMOBILE MANUFACTURER'S EMPLOYEE BENEFIT PROGRAM OR FOR TESTING AND PROMOTIONAL PURPOSES, TO PROVIDE AN ANNUAL FEE OF SIX HUNDRED NINETY SEVEN DOLLARS AND FORTY-SIX CENTS FOR THESE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF THE FEE REVENUE, AND TO PROVIDE FOR REEVALUATING THE ANNUAL FEE; TO AMEND SECTION 8-21-310, AS AMENDED, RELATING TO THE SCHEDULE OF FEES TO BE COLLECTED BY CLERKS OF COURT AND REGISTERS OF MESNE CONVEYANCES, SO AS TO INCREASE THE FEE FOR FILING COMPLAINTS OR PETITIONS IN CIVIL ACTIONS IN A COURT OF RECORD FROM FIFTY-FIVE DOLLARS TO SEVENTY DOLLARS; BY ADDING SECTION 14-1-204 SO AS TO PROVIDE FOR THE MANNER IN WHICH THE ABOVE SEVENTY DOLLAR FILING FEE SHALL BE DISTRIBUTED; TO AMEND SECTION 14-1-205, RELATING TO THE DISPOSITION OF CERTAIN COSTS, FEES, AND FINES GENERATED BY THE CIRCUIT COURT AND FAMILY COURT, SO AS TO PROVIDE THAT THE ABOVE SEVENTY DOLLAR FILING FEE IS NOT SUBJECT TO THE DISPOSITION PROVISIONS OF THIS SECTION; BY ADDING SECTION 56-5-2995 SO AS TO IMPOSE AN ADDITIONAL ASSESSMENT OF TWELVE DOLLARS ON PERSONS CONVICTED OF A FIRST OFFENSE IN MAGISTRATE'S OR MUNICIPAL COURT OF DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUORS OR DRUGS AND TO IMPOSE AN ADDITIONAL ASSESSMENT OF TWELVE DOLLARS ON PERSONS CONVICTED OF A SECOND OR SUBSEQUENT DUI OFFENSE OR A FELONY DUI OFFENSE IN GENERAL SESSIONS COURT; BY ADDING SECTION 14-1-201 SO AS TO PROVIDE FOR THE MANNER IN WHICH THESE TWELVE DOLLAR ASSESSMENTS MUST BE DISTRIBUTED AND USED; TO AMEND ACT 152 OF 1995, RELATING TO THE SOUTH CAROLINA COMMISSION ON SPORTING DOGS AND FIELD TRIALS, SO AS TO REQUIRE THE COMMISSION TO DEVELOP FEES FOR FACILITY USE AND DOG ENTRIES IN ORDER TO ENABLE THE H. COOPER BLACK, JR. MEMORIAL FIELD TRIAL RECREATIONAL AREA TO BE SELF-SUSTAINING, AND TO PROVIDE FOR AND TO REQUIRE A REPORT ON THE COLLECTION AND USE OF THESE FEES; BY ADDING SECTION 1-11-470 SO AS TO PROHIBIT A CONSTITUTIONAL OFFICER FROM EXPENDING MONIES APPROPRIATED BY THE GENERAL ASSEMBLY TO PURCHASE SPACE INCLUDING, BUT NOT LIMITED TO, NOTICES OR ADVERTISEMENTS, IN A PRINT MEDIUM OR TIME FROM A RADIO OR TELEVISION MEDIUM WITHOUT UNANIMOUS PRIOR WRITTEN APPROVAL OF THE STATE BUDGET AND CONTROL BOARD, PROHIBIT A CONSTITUTIONAL OFFICER FROM HAVING PRINTED ON, OR DISTRIBUTED WITH, EXTRANEOUS PROMOTIONAL MATERIAL AND FROM PURCHASING PLAQUES, AWARDS, CITATIONS, OR OTHER RECOGNITIONS WITHOUT PRIOR UNANIMOUS WRITTEN APPROVAL OF THE STATE BUDGET AND CONTROL BOARD, REQUIRE CONSTITUTIONAL OFFICERS EXPENDING NONPUBLIC FUNDS TO SUBMIT THE SOURCE OF THE FUNDS SHOWING ALL CONTRIBUTORS TO THE STATE BUDGET AND CONTROL BOARD, AND PROVIDE EXCEPTIONS; AND TO PROVIDE THAT CERTAIN FUNDS MUST BE USED TO PROVIDE STAFF TO REVIEW AND MAKE RECOMMENDATIONS TO THE BUDGET AND CONTROL BOARD FOR APPROVAL OF A CONSTITUTIONAL OFFICER'S PLAN; TO AMEND SECTIONS 12-4-380 AND 12-54-240, RELATING TO REQUIREMENT THAT THE DEPARTMENT OF REVENUE REPORT TO THE GENERAL ASSEMBLY ALL TAX LIABILITIES REDUCED BY ORDER OF THE DIRECTOR, SO AS TO REQUIRE THE REPORT BE MADE TO THE CHAIRMEN OF THE SENATE FINANCE AND HOUSE WAYS AND MEANS COMMITTEES AS TO TAX LIABILITIES REDUCED BY ORDER OF THE DIRECTOR; TO AMEND SECTION 12-37-935, RELATING TO DEPRECIATION ALLOWED IN CALCULATING THE VALUE OF CERTAIN EQUIPMENT FOR PURPOSES OF PROPERTY TAX, SO AS TO PHASE IN THE ADDITIONAL DEPRECIATION ALLOWED OVER FOUR RATHER THAN THREE YEARS; TO AMEND SECTION 61-6-2010, AS AMENDED, RELATING TO SUNDAY MINIBOTTLE SALES, SO AS TO CLARIFY THAT BOTH FILING AND PERMIT FEES MUST BE DISTRIBUTED TO THE AFFECTED COUNTIES AND MUNICIPALITIES FOR THE PURPOSES ALLOWED BY LAW; BY ADDING SECTION 23-6-95 SO AS TO PROVIDE THAT A PORTION OF THE DEPARTMENT OF PUBLIC SAFETY'S ANNUAL APPROPRIATION MUST BE TRANSFERRED TO MIDLANDS TECHNICAL COLLEGE TO FUND THE MOTORCYCLE RIDER SAFETY EDUCATION PROGRAM; TO AMEND SECTION 24-3-960, AS AMENDED, RELATING TO THE UNLAWFUL POSSESSION OF MONIES BY CERTAIN PRISONERS AND THEIR SEIZURE AND RETENTION BY THE DEPARTMENT OF CORRECTIONS, SO AS TO PROVIDE THAT MONIES SEIZED MUST BE USED TO AID DRUG INTERDICTION EFFORTS UNDERTAKEN BY THE DEPARTMENT; TO AMEND SECTION 12-28-2740, RELATING TO DISTRIBUTION OF MOTOR FUEL TAX PROCEEDS AMONG COUNTIES, SO AS TO CHANGE THE DATE FOR SUBMISSION OF THE PERCENTAGE REPRESENTED BY EACH COUNTY FROM MARCH 31 TO MAY 1 AND TO PROVIDE A TRANSITION SCHEDULE; TO AMEND SECTION 12-28-2740, AS AMENDED, RELATING TO THE DISTRIBUTION AND USES OF "C" FUND GASOLINE TAX REVENUES, SO AS TO AUTHORIZE A COUNTY LEGISLATIVE DELEGATION BY RESOLUTION TO ABOLISH THE COUNTY TRANSPORTATION COMMITTEE AND DEVOLVE ITS FUNCTIONS ON THE GOVERNING BODY OF THE COUNTY, TO PROVIDE THAT THIS DEVOLUTION MAY BE REVERSED AND THE COMMITTEE REESTABLISHED PURSUANT TO A SUBSEQUENT DELEGATION RESOLUTION, AND TO PROVIDE THAT THE EXERCISE OF THESE FUNCTIONS BY A COUNTY GOVERNING BODY DOES NOT CONSTITUTE DUAL OFFICE HOLDING; TO AMEND SECTIONS 59-114-30, 59-114-40, AND 59-114-70, RELATING TO THE SOUTH CAROLINA NATIONAL GUARD TUITION ASSISTANCE ACT, SO AS TO INCREASE THE AMOUNT QUALIFYING MEMBERS MAY RECEIVE; TO DELETE FROM GRANT ELIGIBILITY ATTENDANCE AT HIGH SCHOOL AND GRADUATE SCHOOL; AND TO REQUIRE TUITION ASSISTANCE PAYMENTS BE PAID AS REIMBURSEMENTS TO GUARD MEMBERS IN GOOD STANDING WHO SUCCESSFULLY COMPLETE THE REQUIRED HOURS OF COURSE WORK AT AN ELIGIBLE INSTITUTION; TO AMEND SECTION 16-19-60, RELATING TO THE NONAPPLICATION OF THE GAMBLING OFFENSES TO COIN-OPERATED NONPAYOUT MACHINES WITH A FREE PLAY FEATURE, SO AS TO CLARIFY THAT THIS PROVISION DOES NOT PROHIBIT REGULATION OF THESE MACHINES, INCLUDING THEIR PROHIBITION, PURSUANT TO THE VIDEO GAMES MACHINES ACT AND ITS COUNTY OPTION PROVISIONS; BY ADDING SECTION 12-21-2783 SO AS TO REQUIRE EACH LOCATION OPERATING VIDEO GAME MACHINES TO PROVIDE A LOCATION CONTROLLER AND MODEM MEETING SPECIFIC REQUIREMENTS; BY ADDING SECTION 12-21-2797 SO AS TO PROVIDE CIVIL PENALTIES FOR PERSONS IN POSSESSION OF OR ALLOWING THE OPERATION OF CONTRABAND OR GRAY AREA MACHINES AFTER DECEMBER 31, 1998, AND TO ESTABLISH PROCEDURES UNDER WHICH CONTRABAND OR GRAY AREA MACHINES SHALL BE EXAMINED AND, IF FOUND TO BE A CONTRABAND MACHINE, DESTROYED; TO AMEND SECTION 12-21-2710, RELATING TO THE TYPES OF COIN-OPERATED MACHINES WHICH ARE PROHIBITED BY LAW, SO AS TO FURTHER PROVIDE FOR THE TYPES OF MACHINES TO WHICH THIS SECTION DOES NOT APPLY; TO AMEND SECTION 12-21-2720, AS AMENDED, RELATING TO LICENSES FOR COIN-OPERATED DEVICES OR MACHINES, SO AS TO REVISE CERTAIN LICENSE FEES AND FURTHER PROVIDE FOR THE USE OF A PORTION OF SPECIFIED FEES; TO AMEND SECTION 12-21-2772, RELATING TO DEFINITIONS IN REGARD TO THE VIDEO GAME MACHINES ACT, SO AS TO REVISE THE DEFINITION OF "CONTRABAND DEVICE/EQUIPMENT" OR "GRAY AREA MACHINE"; TO AMEND SECTION 12-21-2774, RELATING TO MECHANICAL REQUIREMENTS OF VIDEO GAME MACHINES, SO AS TO FURTHER PROVIDE FOR THESE MECHANICAL REQUIREMENTS; TO AMEND SECTION 12-21-2776, AS AMENDED, RELATING TO REGISTERING AND LICENSING MACHINES UNDER THE VIDEO GAME MACHINES ACT, SO AS TO DELETE REFERENCES TO REGISTRATION AND TO CERTAIN DATE REQUIREMENTS FOR METERING DEVICES, TO FURTHER PROVIDE FOR THE INFORMATION CONCERNING EACH LICENSED MACHINE WHICH MUST BE FURNISHED TO THE DEPARTMENT OF REVENUE, AND TO REQUIRE FILING THIS INFORMATION ON A QUARTERLY BASIS; TO AMEND SECTION 12-21-2791, RELATING TO LIMITATIONS ON PAYOUTS ON MACHINES AS DEFINED UNDER THE VIDEO GAMES MACHINES ACT, SO AS TO DELETE REFERENCES TO GAMBLING PROVISIONS AND PROVIDE THAT TO A PERSON IN A TWENTY-FOUR HOUR PERIOD MAY NOT WIN MORE THAN ONE HUNDRED TWENTY-FIVE DOLLARS OVER THE AMOUNT DEPOSITED IN THE MACHINE; TO AMEND SECTION 12-21-2782, AS AMENDED, RELATING TO THE REGULATION BY THE DEPARTMENT OF REVENUE OF VIDEO GAME MACHINES, SO AS TO STIPULATE STANDARDS WHICH CERTAIN MACHINES MUST MEET NO LATER THAN DECEMBER 31, 1998, AND PROVIDE THAT ANY SUCH MACHINE NOT MEETING THESE STANDARDS MUST NOT BE LICENSED; TO AMEND SECTION 12-21-2798, RELATING TO THE PROMULGATION OF RULES AND REGULATIONS BY THE TAX COMMISSION CONCERNING THESE MACHINES, SO AS TO CHANGE THE REFERENCE TO THE "TAX COMMISSION" TO THE "DEPARTMENT OF REVENUE" AND DELETE THE REFERENCE TO RULES; TO AMEND SECTION 12-21-2804, RELATING TO REGULATION OF VIDEO MACHINES, SO AS TO PROVIDE CIVIL PENALTIES FOR MACHINES LOCATED IN COUNTIES WHERE PAYOUTS ARE PROHIBITED, INCLUDING MONETARY PENALTIES, LICENSE REVOCATION, AND SEIZURE OF MACHINES, TO PROVIDE THAT THESE PENALTIES APPLY IMMEDIATELY, AND TO PROVIDE THE SOLE REMEDY FOR THESE PENALTIES; TO AMEND SECTION 12-21-2808, RELATING TO REFERENDUMS ALLOWED IN COUNTIES ON CONTINUING OR PROHIBITING CASH PAYOUTS, SO AS TO DELETE REFERENCES TO GAMBLING PROVISIONS, DELETE OBSOLETE PROVISIONS, AND MAKE OTHER TECHNICAL REVISIONS; TO AMEND SECTION 12-21-2809, RELATING TO THE PROHIBITIONS ON LICENSING AND LOCATING MACHINES IN NONPAYOUT COUNTIES, SO AS TO DELETE CRIMINAL PENALTIES FOR VIOLATIONS AND SUBJECT VIOLATORS TO THE CIVIL PENALTIES PROVIDED BY THIS ACT AND TO PROVIDE THAT THE PENALTY EXTENDS TO OWNING OR POSSESSING THESE MACHINES; TO PROVIDE THAT COUNTIES IN WHICH A MAJORITY "NO" VOTE WAS CERTIFIED IN THE REFERENDUM PROVIDED PURSUANT TO SECTION 12-21-2806 ARE DEEMED TO HAVE MADE THAT CHOICE PURSUANT TO SECTION 12-21-2808, AS AMENDED BY THIS ACT, WITH AUTHORIZATION FOR THE DEPARTMENT OF REVENUE TO ISSUE PRORATED REFUNDS FOR MACHINES LICENSED IN SUCH COUNTIES; TO AMEND SECTION 12-54-40, AS AMENDED, RELATING TO PENALTIES FOR FAILURE TO COMPLY WITH CERTAIN TAX LAWS, SO AS TO PROVIDE THAT IT IS A FELONY FOR A VIDEO GAME MACHINE OWNER OR DISTRIBUTOR TO ALLOW OR CAUSE A VIDEO GAME MACHINE TO BE OPERATED WITHOUT A METERING DEVICE OR TO WILFULLY PLACE SUCH A MACHINE ON LOCATION WITHOUT A DEVICE, THAT RECORDS THE INFORMATION REQUIRED BY LAW AND TO PROVIDE PENALTIES FOR VIOLATION; TO REPEAL SECTIONS 12-21-2796 AND 21-21-2806 RELATING TO THE UNLAWFUL PLACEMENT OR OPERATION OF AN UNMETERED MACHINE AND THE INITIAL REFERENDUM ON CONTINUING CASH PAYOUTS; TO MAKE FINDINGS OF LEGISLATIVE INTENT OF THE GENERAL ASSEMBLY WITH RESPECT TO GOVERNMENTAL TORT LIABILITY UNDER THE SOUTH CAROLINA TORT CLAIMS ACT; BY ADDING SECTION 15-78-200 SO AS TO PROVIDE THAT THE SOUTH CAROLINA TORT CLAIMS ACT IS THE EXCLUSIVE REMEDY FOR ANY TORT COMMITTED BY A GOVERNMENT EMPLOYEE ACTING WITHIN THE SCOPE OF THE EMPLOYEE'S OFFICIAL DUTY AND TO REQUIRE THIS PROVISION TO BE LIBERALLY CONSTRUED IN FAVOR OF LIMITED LIABILITY WITH AMBIGUITY TO BE RESOLVED AS A MATTER OF LAW IN FAVOR OF THE GOVERNMENT; TO REENACT THE PROVISIONS OF SECTION 15-78-120, AS CURRENTLY EXISTING, SO AS TO PROVIDE THE LIMITATIONS ON LIABILITY AND OTHER REQUIREMENTS UNDER THE SOUTH CAROLINA TORT CLAIMS ACT; TO AMEND SECTION 15-78-120, AS REENACTED IN THIS ACT, RELATING TO LIMITATIONS ON LIABILITY UNDER THE TORT CLAIMS ACT, SO AS TO INCREASE CERTAIN DOLLAR LIMITS OF LIABILITY; TO AMEND SECTION 15-78-140, AS AMENDED, RELATING TO THE DUTIES OF THE STATE BUDGET AND CONTROL BOARD TO COVER LIABILITY RISKS FOR WHICH IMMUNITY HAS BEEN WAIVED, THE REQUIREMENT OF POLITICAL SUBDIVISIONS TO PROCURE INSURANCE FOR LIABILITY RISKS FOR WHICH IMMUNITY HAS BEEN WAIVED, AND THE EXCLUSIVITY OF REMEDIES FOR CLAIMS FILED PURSUANT TO THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO DELETE THE DUTY OF THE BOARD TO PURCHASE INSURANCE TO COVER RISKS FOR WHICH IMMUNITY HAS BEEN WAIVED; TO AMEND SECTION 55-11-500, RELATING TO DEFINITIONS FOR PURPOSES OF STATE FUNDING OF AIR CARRIER HUB TERMINAL FACILITIES, SO AS TO EXTEND THE DEFINITION OF AIR CARRIER HUB TERMINAL FACILITY TO A FACILITY WITH A WEEKLY TOTAL OF AT LEAST TWENTY-FIVE COMMON CARRIER DEPARTING CARGO AND AIR FREIGHT FLIGHTS; BY ADDING SECTION 43-3-65 SO AS TO REQUIRE THE GOVERNING AUTHORITIES OF EACH COUNTY TO PROVIDE OFFICE SPACE AND FACILITY SERVICES FOR ITS COUNTY DEPARTMENT OF SOCIAL SERVICES; TO AMEND ARTICLE 9, CHAPTER 1, TITLE 1, RELATING TO STATE EMBLEMS, PLEDGE TO STATE FLAG, AND OFFICIAL OBSERVANCE, BY ADDING SECTION 1-1-705 SO AS TO DESIGNATE THE SOUTH CAROLINA RAILROAD MUSEUM IN FAIRFIELD COUNTY AS THE OFFICIAL RAILROAD MUSEUM OF THE STATE OF SOUTH CAROLINA UPON THE PAYMENT OF A FEE TO THE SECRETARY OF STATE; TO AMEND CHAPTER 3, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 52 SO AS TO PROVIDE FOR THE ISSUANCE OF CHARTER LIMOUSINE LICENSE PLATES, TO ESTABLISH A TWENTY-FIVE DOLLAR FEE FOR THESE PLATES, AND TO PROVIDE FUNDING FOR PROCESSING DOCUMENTS RELATED TO ACQUIRING THESE PLATES; TO AMEND ARTICLE 5, CHAPTER 4, TITLE 61, RELATING TO PERMITS FOR THE RETAIL SALE OF BEER AND WINE, BY ADDING SECTION 61-4-620 SO AS TO PROVIDE FOR THE PERMITTING OF SUNDAY SALES WHEN THE PERMITTED ESTABLISHMENT CLOSES ON SATURDAY FOR RELIGIOUS REASONS; BY ADDING SECTION 12-6-5080 SO AS TO PROVIDE A DESIGNATION ON INDIVIDUAL INCOME TAX FORMS ENABLING A TAXPAYER TO MAKE A CONTRIBUTION TO THE DRUG AWARENESS RESISTANCE EDUCATION FUND; BY ADDING ARTICLE 6 TO CHAPTER 53, TITLE 44 SO AS TO ESTABLISH THE DRUG AWARENESS RESISTANCE EDUCATION FUND, PROVIDE FOR ITS GOVERNANCE, DUTIES, AND THE EXPENDITURE OF FUNDS; BY ADDING SECTION 59-71-155 SO AS TO ENSURE THE TERMS OF PAYMENT OF BONDED INDEBTEDNESS OF SCHOOL DISTRICTS BY MEANS OF TRANSFERS FROM THE GENERAL FUND OF THIS STATE REIMBURSED FROM MONIES DUE THE DISTRICT, TO PROVIDE FOR THE APPLICABLE PROCEDURES FOR THIS METHOD OF PAYMENT AND REIMBURSEMENT, TO REQUIRE THE COUNTY AUDITOR TO IMPOSE FOR AMOUNTS DUE IN THE NEXT FISCAL YEAR A MILLAGE SUFFICIENT TO MAKE THESE PAYMENTS, AND TO PROVIDE REPORTING REQUIREMENTS; TO AMEND CHAPTER 45, TITLE 12, RELATING TO COUNTY TREASURERS AND COLLECTION OF TAXES, BY ADDING SECTION 12-45-115 SO AS TO PROVIDE THAT A COUNTY TREASURER MAY INSTITUTE COLLECTION PROCEEDINGS FOR THE PAYMENT OF TAXES OR FEES ON A CHECK THAT IS RETURNED UNPAID INCLUDING APPLICABLE SERVICE CHARGE FEES; BY ADDING SECTIONS 12-6-555 AND 12-36-75 SO AS TO PROVIDE THAT A PERSON THAT DOES NOT OTHERWISE HAVE A NEXUS WITH SOUTH CAROLINA AND THAT HAS CONTRACTED FOR COMMERCIAL PRINTING AT A SOUTH CAROLINA PREMISES SHALL NOT BE CONSIDERED TO HAVE INCOME DERIVED FROM SOURCES WITHIN SOUTH CAROLINA OR BE SUBJECT TO THE SALES AND USE TAX UNDER CERTAIN CONDITIONS; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO THE FOUR PERCENT ASSESSMENT RATIO FOR THE AD VALOREM PROPERTY TAXATION OF LEGAL RESIDENCES, SO AS TO INCLUDE ADDITIONAL DWELLINGS LOCATED ON THE SAME PROPERTY AND OCCUPIED BY IMMEDIATE FAMILY MEMBERS; TO AMEND SECTION 1-11-720, AS AMENDED, RELATING TO ENTITIES ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO EXTEND ELIGIBILITY TO THE SOUTH CAROLINA STATE EMPLOYEES' ASSOCIATION; TO AMEND SECTION 6-1-70, RELATING TO REAL ESTATE TRANSFER FEES, SO AS TO PROVIDE THAT THE GOVERNING BODY OF EACH COUNTY, MUNICIPALITY, SCHOOL DISTRICT, OR SPECIAL PURPOSE DISTRICT MAY NOT IMPOSE ANY FEE OR TAX OF ANY NATURE OR DESCRIPTION ON THE TRANSFER OF REAL PROPERTY UNLESS THE GENERAL ASSEMBLY HAS EXPRESSLY AUTHORIZED BY GENERAL LAW THE IMPOSITION OF THE FEE OR TAX; AND TO PROVIDE THAT THE LOCAL GOVERNING BODIES THAT ENACTED AND COLLECTED FEES ON TRANSFERS OF REAL ESTATE PENDING RESOLUTION OF THEIR DISPUTE OVER THE REQUIREMENT THAT THE COLLECTED FUNDS BE REMITTED TO THE STATE TREASURER, ARE ALLOWED TO USE THOSE FUNDS COLLECTED AS OF JULY 1, 1997, FOR THEIR ORIGINALLY INTENDED SPECIFIC LOCAL PURPOSES, OR, IN THE ALTERNATIVE, TO REFUND THE FEES TO THOSE WHO PAID THEM; TO AMEND SECTION 6-1-70, RELATING TO REAL ESTATE TRANSFER FEES, SO AS TO PROVIDE THAT A MUNICIPALITY THAT ORIGINALLY ENACTED A REAL ESTATE TRANSFER FEE PRIOR TO JANUARY 1, 1991 MAY IMPOSE AND COLLECT A REAL ESTATE TRANSFER FEE, BY ORDINANCE, REGARDLESS OF WHETHER IMPOSITION OF THE FEE WAS DISCONTINUED FOR A PERIOD AFTER JANUARY 1, 1991; TO PROVIDE THAT THE STATE TREASURER IS DIRECTED TO RETURN ANY REAL ESTATE TRANSFER FEES WHICH HAVE BEEN REMITTED TO HIS OFFICE TO THE LOCAL GOVERNING BODY WHICH REMITTED THOSE FUNDS SO THE FUNDS MAY BE USED FOR THEIR ORIGINALLY INTENDED SPECIFIC LOCAL PURPOSES; AND TO PROVIDE FOR THE SEVERABILITY OF THIS PROVISION; TO AMEND TITLE 11, RELATING TO PUBLIC FINANCE, BY ADDING CHAPTER 42 SO AS TO ENACT THE "SOUTH CAROLINA COMPREHENSIVE INFRASTRUCTURE DEVELOPMENT ACT" SO AS TO ESTABLISH A STATE PROGRAM TO COORDINATE INFRASTRUCTURE PLANNING AMONG STATE, REGIONAL, AND LOCAL UNITS OF GOVERNMENT, ASSIST IN DEVELOPMENT OF COMPREHENSIVE REGIONAL INFRASTRUCTURE DEVELOPMENT PLANS, AND IDENTIFY AND PROVIDE FUNDING AND FINANCIAL ASSISTANCE FOR CONSTRUCTING AND IMPROVING INFRASTRUCTURE; TO PROHIBIT THE GEORGETOWN WATER AND SEWER DISTRICT IN GEORGETOWN COUNTY FROM FORECLOSING ON ANY LIEN RESULTING FROM THE FAILURE TO PAY A FEE ASSESSED BY THE DISTRICT ON UNDEVELOPED PROPERTY IN THE DISTRICT UNTIL THE PROPERTY TO WHICH THE LIEN HAS ATTACHED IS DEVELOPED; TO AMEND SECTION 44-93-160, RELATING TO FEES ON COMMERCIAL TREATMENT OF INFECTIOUS WASTE, SO AS TO REVISE SUCH FEES; TO AMEND SECTION 44-93-165, RELATING TO THE INFECTIOUS WASTE PROGRAM FUND, SO AS TO FURTHER PROVIDE FOR THE MANNER PAYMENTS ARE MADE INTO THE FUND; TO AMEND SECTION 44-93-210, RELATING TO THE ANNUAL ESTIMATE OF THE AMOUNT OF INFECTIOUS WASTE EXPECTED TO BE GENERATED IN THE STATE IN THE SUCCEEDING YEAR, SO AS TO REMOVE THE CAP ON THE AMOUNT OF WASTE A FACILITY MAY BURN AND PROVIDE THAT NO FACILITY MAY TREAT MORE THAN THE AMOUNT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL ALLOWS IT TO TREAT BY PERMIT; TO AMEND SECTION 4-37-30, RELATING TO LOCAL SALES AND USE TAXES FOR TRANSPORTATION FACILITIES, SO AS TO PROVIDE THAT THE TAX MAY BE IMPOSED FOR SINGLE OR MULTIPLE PROJECTS, TO CLARIFY THE TYPES OF PROJECTS FOR WHICH THE PROCEEDS OF THE TAX ARE TO BE USED, TO REQUIRE THAT THE REFERENDUM HELD BEFORE A TAX MAY BE IMPOSED NOT BE HELD MORE OFTEN THAN ONCE IN TWELVE MONTHS AND MUST BE HELD ON THE TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER, AND TO DELETE OBSOLETE PROVISIONS; TO AMEND SECTION 4-37-20, RELATING TO THE RIGHTS AND POWERS OF TRANSPORTATION AUTHORITIES, SO AS TO REMOVE THE POWER OF EXERCISING EMINENT DOMAIN; AND TO AMEND SECTION 12-43-350, RELATING TO THE STANDARDIZED PROPERTY TAX BILL, SO AS TO REVISE THE STANDARDIZED REQUIREMENTS AND MAKE THEM APPLICABLE TO BILLS FOR TAXES DUE ON REAL PROPERTY.

Be it enacted by the General Assembly of the State of South Carolina:

Text of Appropriation Bill