General Appropriations Bill H. 3696 for the fiscal year beginning July 1, 1999
*Text printed in italic, boldface mark sections vetoed by the Governor June 30, 1999.
Unless otherwise stated, provisions not vetoed by the Governor took effect June 30, 1999.
TO PROVIDE CODIFICATION INSTRUCTIONS TO THE CODE COMMISSIONER FOR THE PERMANENT LAW PROVISIONS IN THIS ACT AND TO MAKE THE PROVISIONS OF THIS ACT SEVERABLE IF ANY PORTIONS OF THE ACT ARE FOUND UNCONSTITUTIONAL OR OTHERWISE INVALID.
A. The Code Commissioner is directed to include all permanent general laws in this Part in the next edition of the Code of Laws of South Carolina, 1976, and all supplements to the Code.
B. If any part, subpart, division, section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act for any reason is held to be unconstitutional or invalid, the holding does not affect the constitutionality or validity of the remaining portions of this act, the General Assembly declaring that it would have passed this act, and each and every part, subpart, division, section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other parts, subparts, divisions, sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective, and to this end, the provisions of this act are severable.
TO AMEND CHAPTER 24, TITLE 59 OF THE 1976 CODE, RELATING TO SCHOOL ADMINISTRATORS, BY ADDING SECTION 59-24-65 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF THE SOUTH CAROLINA PRINCIPALS' EXECUTIVE INSTITUTE.
A. Chapter 24, Title 59 of the 1976 Code is amended by adding:
"Section 59-24-65. The State Department of Education shall establish a Principals' Executive Institute (PEI) with the funds appropriated for that purpose.
(1) A task force appointed by the State Superintendent of Education shall begin on or before July 1, 1999, to design this program so that the first class of participants shall begin during school year 1999-2000. The task force shall include, but is not limited to, representatives from the State Department of Education, business leaders, university faculty, district superintendents, school principals, South Carolina Teachers of the Year, representatives from professional organizations, members of the Education Oversight Committee, and appropriate legislative staff.
(2) The purpose of the PEI is to provide professional development to South Carolina's principals in management and school leadership skills.
(3) By January 1, 2000, the State Board of Education shall establish regulations governing the operation of the PEI.
(4) The focus of the first year of the Principals' Executive Institute shall be to serve the twenty-seven principals from impaired schools and other experienced principals as identified by the South Carolina Leadership Academy of the Department of Education and as approved by the local public school districts which employ such principals.
(5) The creation of the Principals' Executive Institute shall not duplicate the State Department of Education's Leadership Academy programs but shall provide intensive, in-depth training in business principles and concepts as they relate to school management and the training and developmental programs for principals mandated under the 1998 Education Accountability Act."
B. This section takes effect July 1, 1999.
TO AMEND SECTION 59-39-105, AS AMENDED, OF THE 1976 CODE, RELATING TO THE STAR DIPLOMA AND SCHOLARSHIP, SO AS TO CHANGE THE NAME OF THE DIPLOMA TO THE "SUPERIOR TECHNOLOGY OR ACADEMIC REQUIREMENTS"; TO AMEND SECTION 59-39-190, RELATING TO THE STAR SCHOLARSHIP, SO AS TO DELETE THE SCHOLARSHIP AND TO AUTHORIZE THE DEPARTMENT OF EDUCATION TO PROMULGATE REGULATIONS FOR THE SUPERIOR TECHNOLOGY OR ACADEMIC REQUIREMENTS DIPLOMA; AND TO REPEAL SECTION 59-39-180 RELATING TO THE STAR SCHOLARSHIP REQUIREMENTS.
A. Section 59-39-105 of the 1976 Code, as last amended by Act 274 of 1998, is further amended to read:
"Section 59-39-105. For the purpose of recognizing and rewarding outstanding performance and academic achievement on the part of public and nonpublic school students beginning with the 1997-98 school year, students graduating from accredited public and nonpublic high schools of this State who have earned no less than twenty-four units as prescribed under Section 59-39-100, have met the requirements for either the college preparation or the technical preparation track as prescribed by the State Board of Education, and earned the equivalent of an overall 'B' grade average or better shall be awarded the Superior Technology or Academic Requirements (STAR) diploma. Students meeting the course requirements for this diploma by participating in higher level courses such as advanced placement shall have their grade point average adjusted to reflect the greater difficulty of these courses. For the purposes of this diploma, the State Board of Education shall define what is meant by a 'B' average and adjustments to be made to reflect course difficulty.
The State Board of Education is directed to develop the design of the STAR diploma to recognize the special achievements of students awarded this diploma and to distinguish it from the diploma issued under Section 59-39-100.
For purposes of this section, honors courses shall be included, along with advanced placement and international baccalaureate courses, in those courses where grade point averages are adjusted to reflect greater difficulty."
B. Section 59-39-190 of the 1976 Code, as added by Act 155 of 1997, is amended to read:
"Section 59-39-190. The State Board of Education is authorized to promulgate regulations necessary for the implementation and administration of the Superior Technology or Academic Requirements (STAR) diploma."
C. Section 59-39-180 of the 1976 Code is repealed.
D. This section takes effect July 1, 1999.
TO AMEND SECTION 59-18-500 OF THE 1976 CODE, RELATING TO ACADEMIC PLANS FOR UNDERPERFORMING STUDENTS, SO AS TO PERMIT SCHOOL DISTRICTS TO REQUIRE AN UNDERPERFORMING STUDENT TO ATTEND SUMMER SCHOOL OR PARTICIPATE IN A COMPREHENSIVE REMEDIATION PROGRAM THE FOLLOWING YEAR.
Section 59-18-500(C) and (D) of the 1976 Code, as added by Act 400 of 1998, are amended to read:
"(C) At the end of the school year, the student's performance will be reviewed by appropriate school personnel. If the student's work has not been at grade level or if the terms of the academic plan have not been met, the student may be retained, he may be required to attend summer school, or he may be required to attend a comprehensive remediation program the following year designed to address objectives outlined in the academic plan for promotion. Students required to participate the following year in a comprehensive remediation program must be considered on academic probation. Comprehensive remediation programs established by the district shall operate outside of the normal school day and must meet the guidelines established for these programs by the State Board of Education. If there is a compelling reason why the student should not be required to attend summer school or be retained, the parent or student may appeal to a district review panel.
(D) At the end of summer school, a district panel must review the student's progress and report to the parents whether the student's academic progress indicates readiness to achieve grade level standards for the next grade. If the student is not at grade level or the student's assessment results show standards are not met, the student must be placed on academic probation. A conference of the student, parents, and appropriate school personnel must revise the academic plan to address academic difficulties. At the conference it must be stipulated that academic probation means if either school work is not up to grade level or if assessment results again show standards are not met, the student will be retained. The district's appeals process remains in effect."
TO AMEND SECTION 12-23-810, AS AMENDED, OF THE 1976 CODE, RELATING TO THE ANNUAL TAX ON LICENSED HOSPITALS, SO AS TO INCREASE THE ANNUAL REVENUES OF THE TAX FROM TWENTY-ONE AND ONE-HALF TO TWENTY-NINE AND ONE-HALF MILLION DOLLARS.
A. Section 12-23-810(C) of the 1976 Code, as amended by Act 105 of 1991, is further amended to read:
"(C) Total annual revenues from the tax, exclusive of penalties and interest, in subsection (A) of this section must equal twenty-nine and one-half million dollars."
B. This section takes effect July 1, 1999.
TO AMEND THE 1976 CODE BY ADDING CHAPTER 40 TO TITLE 48 SO AS TO ENACT THE "SOUTH CAROLINA BEACH RESTORATION AND IMPROVEMENT TRUST ACT" SO AS TO PROVIDE FOR A TRUST FUND FOR PUBLIC BEACH RESTORATION AND MAINTENANCE, IMPROVEMENT AND ENHANCEMENT OF PUBLIC BEACH ACCESS, AND EMERGENCY SUPPORT FOLLOWING SEVERE STORM DAMAGE TO THE BEACH AND DUNES SYSTEM, TO PROVIDE FOR THE FUND'S CAPITALIZATION IN FISCAL YEAR 1999-2000 BY APPROPRIATION FROM THE GENERAL TAX REVENUES IN AN AMOUNT CONSIDERED APPROPRIATE BY THE GENERAL ASSEMBLY AND AN ANNUAL APPROPRIATION OF AN APPROPRIATE AMOUNT AFTER THAT, TO PROVIDE FOR ITS ADMINISTRATION BY THE OFFICE OF OCEAN AND COASTAL RESOURCE MANAGEMENT, AND TO REQUIRE COMPREHENSIVE COLLECTION AND EVALUATION OF DATA CONCERNING EROSION RATES AND HAZARD AREAS OF PUBLIC BEACHES TO BE USED FOR FUNDING PROJECTS FROM THE TRUST FUND.
A. The General Assembly finds that:
(1) South Carolina's public beaches are vital to the state's tourism economy and growth; and
(2) access to and monitoring and maintenance of our beaches is essential for future tourism expansion and competitiveness, resident public enjoyment and safety, storm damage reduction, and protection of property and investments in tourism.
B. Title 48 of the 1976 Code is amended by adding:
Section 48-40-10. This chapter may be cited as the 'South Carolina Beach Restoration and Improvement Trust Act'.
Section 48-40-20. As used in this chapter:
(1) 'Trust fund' means the South Carolina Beach Restoration and Improvement Trust Fund.
(2) 'Office' means the Office of Ocean and Coastal Resource Management of the Department of Health and Environment Control.
(3) 'Beach renourishment' means the artificial establishment and periodic renourishment of a beach with sand that is compatible with the existing beach in a way so as to create a dry sand beach at all stages of the tide, as described in Section 48-39-270, to include where considered appropriate and necessary by the office, groin construction and maintenance to extend the life of such projects.
Section 48-40-30. There is established the South Carolina Beach Restoration and Improvement Trust Fund for the purposes of:
(1) providing matching funds to qualifying municipal and county governments for the restoration of eroded public beaches and improvement and enhancement of public beach access;
(2) restoring beaches and protective sand dunes on an emergency basis after significant storm damage; and
(3) evaluating erosion rates and hazard areas annually for all state beaches.
Section 48-40-40. (A) The trust fund must be funded by annual appropriations from general tax revenues. The appropriated monies must be credited to the trust fund account and maintained separately from the general fund and other funds.
The monies credited to the account may be retained and carried forward, along with all interest earned.
(B) The trust fund must be administered by the Office of Ocean and Coastal Resource Management of the Department of Health and Environmental Control pursuant to this chapter and its regulations governing application, review, ranking, and approval procedures for grants.
Section 48-40-50. (A) Beginning in fiscal year 1999-2000 and each fiscal year after that, the General Assembly must appropriate from general tax revenues an amount it considers appropriate for credit to the trust fund. The monies must be designated for funding:
(1) public beach restoration and maintenance projects; or
(2) improvement and enhancement of public beach access.
(B) Allocations of trust fund monies for public beach restoration and maintenance or improvement and enhancement of public beach access must be matched equally by municipal and county jurisdictions which are the sites of the projects.
(1) The local cost must be financed by all municipal and county jurisdictions in which the trust fund monies are applied, in proportion to the area of beach located within the respective jurisdictions.
(2) The matching requirement of this subsection does not apply to beach renourishment projects within state parks or other state-owned beachfront property.
(C) Trust fund allocations for a public beach restoration or maintenance project or project to improve and enhance public beach access may be made only to a project approved by the office pursuant to the application, review, ranking, and approval regulations promulgated, and procedures adopted, by the office.
(D) Municipal and county jurisdictions which apply for matching funds for proposed projects must be:
(1) ranked in relation to all other qualifying local government project applications; and
(2) approved according to the minimum regulatory criteria for construction within the beach and dune critical area.
(E) An application for trust fund monies for a public beach restoration or maintenance project or project to improve and enhance public beach access may be accepted by the office only from a municipal or county government with a Local Beach Management Plan approved by the office.
(F) An application pursuant to this section for matching funds for a public beach renourishment project may be accepted and ranked by the office only if the project first has been fully permitted and approved as otherwise provided by law.
(G) Allocations of trust fund monies may be made to approved public beach restoration or maintenance projects or projects for improvement and enhancement of public beach access only through properly executed written agreements between the office and all the municipal and county project sponsors. All the trust fund monies and the nonstate matching funds required for financing the projects must be deposited in an escrow account within five business days of the execution of the agreement and receipt of the monies from the trust fund. The office must be given quarterly financial status reports of this account and annual and final audit reports throughout the project's duration and at completion.
(H) State funds appropriated and designated for funding local efforts pursuant to this section may be used only for the purposes of public beach access improvement and enhancement and public beach restoration and maintenance projects.
Section 48-40-60. (A) The initial capitalization of the trust fund in fiscal year 1999-2000 must include an additional appropriation of an amount considered appropriate by the General Assembly from general tax revenues for credit to the trust fund and designated for use to establish an emergency reserve fund for emergency response by the State in rebuilding the beach and dune systems for qualifying public beach areas damaged by storm events.
(B) This emergency reserve fund must be administered by the office in consultation with the State Emergency Preparedness Division and impacted municipal, county, and federal officials.
(C) Monies in the emergency reserve fund may be carried forward with earned interest. Upon the allocation and commitment of all available emergency reserve funds, the fund must be recapitalized through future appropriations as needed.
(D) State funds appropriated for credit to the emergency reserve fund and designated for emergency rebuilding of beach and dune systems damaged by storm events may be used only for that purpose.
(E) Funding of emergency projects pursuant to this section does not require matching funds from local entities.
Section 48-40-70. (A) The accumulated data from annual monitoring and evaluation of erosion rates and hazard areas for all beach areas as required of the office in Sections 48-39-280, 48-39-320, and 48-39-330 must be analyzed and used in the determination of priorities of need for storm damage reduction, property protection, recreational beach restoration, and public notification of erosion and hazardous conditions.
(B) The annual analysis must be funded by the trust fund, in an annual amount not to exceed two hundred fifty thousand dollars to provide for comprehensive beach profile monitoring of all beach areas to establish annual erosion rates and to identify sand loss or accretion.
(C) In seriously eroding areas or after storms, surveys must be conducted twice annually, or more frequently as needed.
(D) The monitoring data produced pursuant to this section must be made available to the public.
(E) The office and local governments must use the annual analysis to document beach restoration needs and for restoration project design."
C. This section takes effect July 1, 1999.
TO AMEND SECTION 12-33-245 OF THE 1976 CODE, RELATING TO THE TWENTY-FIVE CENT EXCISE TAX ON MINIBOTTLES, SO AS TO PROVIDE THAT ELEVEN PERCENT OF THE REVENUES OF THIS TAX MUST BE CREDITED TO A FUND SEPARATE AND DISTINCT FROM THE STATE GENERAL FUND, ALLOCATED TO COUNTIES ON A PER CAPITA BASIS, AND USED IN COMBINATION WITH MONIES FROM THE LOCAL GOVERNMENT FUND FOR EDUCATIONAL PURPOSES PERTAINING TO THE USE OF ALCOHOLIC LIQUORS AND FOR THE REHABILITATION OF ALCOHOLICS AND DRUG ADDICTS; AND TO AMEND SECTIONS 61-12-10, 61-12-20, AND 61-12-70, RELATING TO DISBURSEMENT OF MONIES FROM THE LOCAL GOVERNMENT FUND TO COUNTIES FOR PROGRAMS FOR ALCOHOLICS, DRUG ABUSERS, AND DRUG ADDICTS, SO AS TO INCLUDE MONIES GENERATED PURSUANT TO SECTION 12-33-245 ABOVE INTO THIS PROGRAM AND ITS DISBURSEMENT PROCEDURES.
A. Section 12-33-245 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 12-33-245. (A) In lieu of taxes imposed under Sections 12-33-230 and 12-33-240, alcoholic liquors sold in minibottles must be taxed at the rate of twenty-five cents for each container in addition to the case tax as prescribed in Article 5 of this chapter and collected as those taxes are collected. Taxes levied in Article 3 of this chapter do not apply.
(B) Eleven percent of the revenue generated by subsection (A) must be placed on deposit with the State Treasurer and credited to a fund separate and distinct from the general fund of the State. On a quarterly basis, the State Treasurer shall allocate this revenue to counties on a per capita basis according to the most recent United States Census. The State Treasurer must notify each county of the allocation pursuant to this subsection in addition to the funds allocated pursuant to Section 6-27-40(B), and the combination of these funds must be used by counties for educational purposes relating to the use of alcoholic liquors and for the rehabilitation of alcoholics and drug addicts. Counties may pool these funds with other counties and may combine these funds with other funds for the same purpose."
B. Section 61-12-10 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 61-12-10 . Revenue allocated to counties for educational purposes relating to the use of alcoholic liquors and the rehabilitation of alcoholics, drug abusers, and drug addicts pursuant to Section 6-27-40 and Section 12-33-245 must be regulated and disbursed in accordance with the provisions of this chapter."
C. Section 61-12-20 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 61-12-20. Before the use of the revenue described in Section 61-12-10, the governing body of each county must:
(a) designate a single existing county agency or organization, either public or private, as the sole agency in the county for alcohol and drug abuse planning for programs funded by the revenue described in Section 61-12-10 or create a new agency for that purpose;
(b) develop a county plan in accordance with the state plan for alcohol abuse and alcoholism and the state plan for drug abuse required by Public Laws 91-616 and 92-255 for the prevention and control of alcohol and drug abuse and obtain written approval of the plan by the Department of Alcohol and Other Drug Abuse Services. Written approval must be given by the Department of Alcohol and Other Drug Abuse Services if the plan is reasonable. If approval is denied, the county may appeal to the Governor. The appeal must state fully the reasons why it is made. If the Governor considers the nonapproval of the plan by the Department of Alcohol and Other Drug Abuse Services to be unreasonable, he must communicate his reasons to the Department of Alcohol and Other Drug Abuse Services and require it to reexamine the plan in light of his objections. Following the reexamination, no further appeal may be taken."
D. Section 61-12-70 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 61-12-70. Funds disbursed pursuant to the provisions of this chapter must be used only to supplement and increase the level of federal, state, local, and other funding that in the absence of these funds would be made available, and must in no event be used to supplant federal, state, local, and other funds."
E. This section takes effect July 1, 1999.
TO AMEND SECTION 56-1-1330, AS AMENDED, OF THE 1976 CODE, RELATING TO THE REQUIREMENT THAT AN APPLICANT FOR A PROVISIONAL DRIVER'S LICENSE MUST COMPLETE AN ALCOHOL TRAFFIC SAFETY ACTION PROGRAM, SO AS TO DELETE THE PROVISIONS WHICH REQUIRE AN ASSESSMENT OF A PERSON ENROLLED IN THE PROGRAM AND THE COMPLETION OF A TREATMENT PROGRAM, AND DELETE THE PROVISIONS RELATING TO THE ASSESSMENT OF COSTS RELATED TO THE PROGRAM; TO AMEND SECTION 56-5-2990, AS AMENDED, RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON CONVICTED OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANY OTHER DRUG, SO AS TO PROVIDE THAT THE ALCOHOL AND DRUG ACTION PROGRAM SHALL DETERMINE IF A PERSON WHOSE DRIVER'S LICENSE HAS BEEN SUSPENDED AND IS ENROLLED IN ONE OF ITS ALCOHOL AND DRUG ABUSE PROGRAMS HAS SUCCESSFULLY COMPLETED ITS SERVICES, TO REVISE THE MANNER IN WHICH SERVICES FOR AN APPLICANT ARE DETERMINED, TO REVISE THE SCHEDULE OF FEES THAT A PERSON ENROLLED IN AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM IS ASSESSED, TO CAP THE FEES FOR VARIOUS TYPES OF SERVICES, TO PROVIDE THAT A PERSON WHO IS UNABLE TO PAY FOR CERTAIN SERVICES MUST PERFORM COMMUNITY SERVICE AND MAY NOT BE DENIED SERVICES, TO PROVIDE THAT INABILITY TO PAY MAY NOT BE USED AS A FACTOR IN DETERMINING SUCCESSFUL COMPLETION OF THE PROGRAM, TO REQUIRE THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES TO REPORT TO THE HOUSE WAYS AND MEANS COMMITTEE THE NUMBER OF FIRST AND MULTIPLE OFFENDERS SUCCESSFULLY COMPLETING THE ALCOHOL AND DRUG SAFETY ACTION PROGRAM AND OTHER INFORMATION ABOUT THE PROGRAM, TO REVISE THE PERIOD IN WHICH A PERSON MUST COMPLETE THE SERVICES DIRECTED BY THE ALCOHOL AND DRUG SAFETY ACTION PROGRAM BEFORE A HEARING ON THE PERSON'S STATUS MUST BE HELD, AND TO DELETE THE PROVISION THAT PROVIDES THAT THE SUCCESSFUL COMPLETION OF EDUCATION, TREATMENT SERVICES, OR BOTH, FOR PURPOSES OF RECEIVING A PROVISIONAL DRIVER'S LICENSE MAY BE SUBSTITUTED IN LIEU OF SERVICES RECEIVED FROM AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM; AND TO AMEND SECTION 56-5-2951, AS AMENDED, RELATING TO SUSPENSION OF PRIVILEGES TO DRIVE A MOTOR VEHICLE IN THIS STATE, SO AS TO REQUIRE THAT A PERSON BE ENROLLED IN OR HAVE COMPLETED AN ALCOHOL AND DRUG SAFETY PROGRAM BEFORE DRIVING PRIVILEGES CAN BE RESTORED AT THE CONCLUSION OF THE SUSPENSION PERIOD, TO PROVIDE FOR RESTORATION OF A PERSON'S DRIVER'S LICENSE, PERMIT, OR NONRESIDENT OPERATING PRIVILEGE WHEN THE PERSON'S PERIOD OF SUSPENSION HAS CONCLUDED EVEN IF HE HAS NOT COMPLETED THE ALCOHOL AND DRUG SAFETY PROGRAM, TO REQUIRE COMPLETION OF THE ALCOHOL AND DRUG SAFETY PROGRAM, AND TO REQUIRE SUSPENSION OF THE PERSON'S LICENSES UPON WITHDRAWAL FROM THE ALCOHOL AND DRUG SAFETY PROGRAM.
A. Section 56-1-1330 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"Section 56-1-1330. The provisional driver's license provision must include a mandatory requirement that the applicant enroll in an Alcohol and Drug Safety Action Program certified by the Department of Alcohol and Other Drug Abuse Services and successfully complete services pursuant to the requirements specified in Section 56-5-2990. If the applicant fails to complete successfully the services as directed by the Alcohol and Drug Safety Action Program, the Department of Alcohol and Other Drug Abuse Services shall notify the department, the provisional driver's license issued by the department must be revoked, and the suspension imposed for the full period specified in Section 56-5-2990, which shall begin on date of notification to the individual."
B. Section 56-5-2990 of the 1976 Code, as last amended by Act 434 of 1998, is further amended to read:
"Section 56-5-2990. (A) The department shall suspend the driver's license of a person who is convicted, receives sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for a violation of Section 56-5-2930 or for the violation of another law or ordinance of this State or of a municipality of this State that prohibits a person from driving a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics for six months for the first conviction, plea of guilty or of nolo contendere, or forfeiture of bail; one year for the second conviction, plea of guilty or of nolo contendere, or forfeiture of bail; two years for the third conviction, plea of guilty or of nolo contendere, or forfeiture of bail; and a permanent revocation of the driver's license for the fourth or subsequent conviction, plea of guilty or of nolo contendere, or forfeiture of bail. Only those violations which occurred within ten years including and immediately preceding the date of the last violation shall constitute prior violations within the meaning of this section. However, if the third conviction occurs within five years from the date of the first offense, then the department shall suspend the driver's license for four years. A person whose license is revoked following conviction for a fourth offense as provided in this section is forever barred from being issued any license by the Department of Public Safety to operate a motor vehicle except as provided in Section 56-1-385.
(B) Any person whose license is suspended under the provisions of this section, Section 56-1-286, or 56-5-2951 must be notified by the department of the suspension and of the requirement to enroll in and successfully complete an Alcohol and Drug Safety Action Program certified by the Department of Alcohol and Other Drug Abuse Services. An assessment of the extent and nature of the alcohol and drug abuse problem, if any, of the applicant must be prepared and a plan of education or treatment, or both, must be developed for the applicant. Entry into and successful completion of the services, if the services are necessary, recommended in the plan of education or treatment, or both, developed for the applicant is a mandatory requirement of the restoration of driving privileges to the applicant whose license is suspended pursuant to this section. The Alcohol and Drug Safety Action Program shall determine if the applicant has successfully completed the services. Alcohol and Drug Safety Action Programs shall begin at least once a month. The person whose license is suspended must enroll in the first Alcohol and Drug Safety Action Program available after the date of enrollment.
(C) The Department of Alcohol and Other Drug Abuse Services shall determine the cost of services provided by each certified Alcohol and Drug Safety Action Program. Each applicant shall bear the cost of services recommended in the applicant's plan of education or treatment. The cost may not exceed five hundred dollars for education services, two thousand dollars for treatment services, and two thousand five hundred dollars in total for all services. No applicant may be denied services due to an inability to pay. Inability to pay for services may not be used as a factor in determining if the applicant has successfully completed services. An applicant who is unable to pay for services shall perform fifty hours of community service as arranged by the Alcohol and Drug Safety Action Program, which may use the completion of this community service as a factor in determining if the applicant has successfully completed services. The Department of Alcohol and Other Drug Abuse Services will report annually to the House Ways and Means Committee and Senate Finance Committee on the number of first and multiple offenders completing the Alcohol and Drug Safety Action Program, the amount of fees collected and expenses incurred by each Alcohol and Drug Safety Action Program, and the number of community service hours performed in lieu of payment.
(D) If the applicant has not successfully completed the services as directed by the Alcohol and Drug Safety Action Program within one year of enrollment, a hearing must be provided by the Alcohol and Drug Safety Action Program whose decision is appealable to the Department of Alcohol and Other Drug Abuse Services. If the applicant is unsuccessful in the Alcohol and Drug Safety Action Program, the department may restore the privilege to drive a motor vehicle upon the recommendation of the Medical Advisory Board as utilized by the department if it determines public safety and welfare of the petitioner may not be endangered.
(E) The department and the Department of Alcohol and Other Drug Abuse Services shall develop procedures necessary for the communication of information pertaining to relicensing, or otherwise. These procedures must be consistent with the confidentiality laws of the State and the United States. If the driver's license of any person is suspended by authority of this section, no insurance company may refuse to issue insurance to cover the remaining members of his family, but the insurance company is not liable for any actions of the person whose license has been suspended or who has voluntarily turned his license in to the department.
(F) Except as provided for in Section 56-1-365(D) and (E), the driver's license suspension periods under this section begin on the date the person is convicted, receives sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for the violation of Section 56-5-2930, or for the violation of any other law of this State or ordinance of a county or municipality of this State that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics; however, a person is not prohibited from filing a notice of appeal and receiving a certificate which entitles him to operate a motor vehicle for a period of sixty days after the conviction, plea of guilty or nolo contendere, or bail forfeiture pursuant to Section 56-1-365(F)."
C. Section 56-5-2951(L), (M), (N), (O), and (P) of the 1976 Code, as last amended by Act No. 434 of 1998, are further amended to read:
"(L) A person's driver's license, permit, or nonresident operating privilege must be restored when the person's period of suspension under subsection (J) has concluded, even if the person has not yet completed the Alcohol and Drug Safety Action Program in which he is enrolled. After the person's driving privilege is restored, he must continue to attend classes for the Alcohol and Drug Safety Action Program in which he is enrolled. If the person withdraws from or in any way stops making satisfactory progress towards the completion of the Alcohol and Drug Safety Action Program, the person's license shall be suspended until the completion of the Alcohol and Drug Safety Action Program. A person must be enrolled in or have completed an Alcohol and Drug Safety Action Program pursuant to subsection (A) before his driving privilege can be restored at the conclusion of the suspension period.
(M) When a nonresident's privilege to drive a motor vehicle in this State has been suspended under the provisions of this section, the department must give written notice of the action taken to the motor vehicle administrator of the state of the person's residence and of any state in which he has a license or permit.
(N) The department shall not suspend the privilege to drive of a person under the age of twenty-one pursuant to Section 56-1-286 if the person's privilege to drive has been suspended under this section arising from the same incident.
(O) A person whose driver's license or permit is suspended pursuant to this section is not required to file proof of financial responsibility.
(P) An insurer may not increase premiums on or add surcharges to the automobile insurance of a person charged with a violation of Sections 56-1-286, 56-5-2930, or 56-5-2945 or any other law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or any other drug unless he is convicted of the violation.
(Q) The department shall administer the provisions of this section and shall promulgate regulations necessary to carry out its provisions."
D. This section takes effect July 1, 1999.
TO AMEND SECTION 50-9-510, AS AMENDED, OF THE 1976 CODE, RELATING TO HUNTING AND FISHING LICENSES, SO AS TO INCREASE THE FEE FOR A COMBINATION HUNTING AND FISHING LICENSE FOR RESIDENTS FROM SEVENTEEN DOLLARS TO TWENTY DOLLARS AND TO INCREASE FROM ONE DOLLAR TO TWO DOLLARS THE AMOUNT THAT THE ISSUING AGENT MAY RETAIN AND TO INCREASE THE NONRESIDENTIAL HUNTING LICENSE FEE FROM SEVENTY-FIVE TO ONE HUNDRED DOLLARS.
A. Section 50-9-510(3) and (6) of the 1976 Code, as last amended by Act 372 of 1996, are further amended to read:
"(3) For the privilege of hunting and fishing, including the privilege of hunting big game throughout South Carolina, a resident of the State shall purchase a combination fishing and hunting license for twenty dollars, of which two dollars may be retained by the issuing agent.
(6) For the privilege of hunting throughout South Carolina July first through June thirtieth, a nonresident shall purchase an annual statewide license for one hundred dollars, of which two dollars may be retained by the issuing agent."
B. This section takes effect July 1, 1999.
TO AMEND SECTION 50-9-510, AS AMENDED, OF THE 1976 CODE, RELATING TO LICENSES AUTHORIZED FOR SALE, SO AS TO INCREASE THE FEE FOR A SPORTSMAN LICENSE FROM FORTY-FOUR TO FIFTY DOLLARS, AND TO INCREASE THE AMOUNT THAT MAY BE RETAINED BY THE ISSUING AGENT FROM ONE TO TWO DOLLARS.
A. Section 50-9-510(4) of the 1976 Code, as last amended by Act 372 of 1996, is further amended to read:
"(4) For the privilege of hunting and fishing throughout South Carolina, including the privileges of hunting big game and hunting on wildlife management area land, a resident of the State shall purchase a sportsman license for fifty dollars, of which two dollars may be retained by the issuing agent."
B. This section takes effect July 1, 1999.
TO AMEND SECTION 50-9-510, AS AMENDED, OF THE 1976 CODE, RELATING TO HUNTING, FISHING, AND TRAPPING LICENSES, SO AS TO RAISE THE LICENSE FEE FOR A BIG GAME PERMIT FROM EIGHTY DOLLARS TO EIGHTY-NINE DOLLARS WITH TWO DOLLARS RATHER THAN ONE DOLLAR TO BE RETAINED BY THE ISSUING AGENT.
A. Section 50-9-510(10) of the 1976 Code is amended to read:
"(10) For the privilege of hunting big game including deer, bear, and turkey throughout South Carolina, a nonresident shall purchase a big game permit in addition to the required nonresident hunter's license for eighty-nine dollars, of which two dollars may be retained by the issuing agent."
B. This section takes effect July 1, 1999.
TO AMEND SECTION 50-9-920, AS AMENDED, OF THE 1976 CODE, RELATING TO THE DEPOSIT OF REVENUE FROM THE SALE OF LIFETIME LICENSES IN THE STATE TREASURY, SO AS TO DELETE THE EXCEPTION FOR REVENUE FROM THE SALE OF LICENSES AND PERMITS PURSUANT TO THE MARINE RESOURCES LAWS.
A. Section 50-9-920(C) of the 1976 Code, as last amended by Act 372 of 1996, is further amended to read:
"(C) Revenue generated from the sale of other licenses and permits, except wildlife management area revenue, and revenue from the fines and forfeitures for violations of other sections of this title, must be deposited with the State Treasury to the credit of the Game Protection Fund. This revenue must be expended by the department for the protection, promotion, propagation, and management of wildlife and fish, the enforcement of related laws, and the dissemination of information, facts, and findings the department considers necessary."
B. This section takes effect July 1, 1999.
TO AMEND SECTION 51-17-115, AS AMENDED, OF THE 1976 CODE, RELATING TO THE ESTABLISHMENT AND ADMINISTRATION OF THE HERITAGE LAND TRUST FUND, SO AS TO DELETE LIMITATIONS ON THE AMOUNT OF MANAGEMENT EXPENDITURES THAT MAY BE MADE FROM THE FUND IN ANY FISCAL YEAR.
A. Section 51-17-115 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 51-17-115. There is created the Heritage Land Trust Fund, which must be kept separate from other funds of the State. The fund must be administered by the board of the department for the purpose of acquiring fee simple or lesser interest in priority areas, legal fees, appraisals, surveys, or other costs involved in the acquisition of interest in priority areas, and for the development of minimal facilities and management necessary for the protection of the essential character of priority areas.
Unexpended balances, including interest derived from the fund, must be carried forward each year and used only for the purposes provided in this chapter.
No fund money may be expended to acquire interest in property by eminent domain nor may the funds be expended to acquire interest in property without a recommendation of the Heritage Trust Advisory Board and the approval of the State Budget and Control Board.
The board of the department shall report by letter to the presiding officers of the General Assembly not later than January fifteenth each year all funds expended pursuant to this chapter for the previous year, including the amount of funds expended and the uses to which the expenditures were applied.
The fund is eligible to receive appropriations of state general funds, federal funds, donations, gifts, bond issue receipts, securities, and other monetary instruments of value. Reimbursement for monies expended from this fund must be deposited in this fund. Funds received through sale, exchange, or otherwise of any Heritage Preserve acquired under this section, or products of the Preserve such as timber, utility easement rights, and the like, accrue to the fund."
B. This section takes effect July 1, 1999.
TO AMEND SECTION 17-3-30, AS AMENDED, OF THE 1976 CODE, RELATING TO THE AFFIDAVIT OF INABILITY TO EMPLOY COUNSEL AND THE WAIVER OR REDUCTION OF THE APPLICATION FEE, SO AS TO PROVIDE THE TRIAL JUDGE SHALL ORDER THE REMAINDER OF THE FEE PAID DURING PROBATION, IF PROBATION IS GRANTED, AND TO PROVIDE FURTHER THAT THE CLERK OF COURT OR OTHER APPROPRIATE OFFICIAL SHALL MAINTAIN A RECORD OF ALL PERSONS APPLYING FOR REPRESENTATION AS AN INDIGENT AND PROVIDE THIS INFORMATION AS WELL AS THE AMOUNT OF FUNDS COLLECTED OR WAIVED TO THE OFFICE OF INDIGENT DEFENSE ON A MONTHLY BASIS.
A. Section 17-3-30(B) of the 1976 Code, as last amended by Act 458 of 1996, is further amended to read:
"(B) A twenty-five dollar application fee for public defender services must be collected from every person who executes an affidavit that he is financially unable to employ counsel. The person may apply to the clerk of court or other appropriate official for a waiver or reduction in the application fee. If the clerk or other appropriate official determines that the person is unable to pay the application fee, the fee may be waived or reduced, provided that if the fee is waived or reduced, the clerk or appropriate official shall report the amount waived or reduced to the trial judge upon sentencing and the trial judge shall order the remainder of the fee paid during probation if the person is granted probation. The clerk of court or other appropriate official shall collect the application fee imposed by this section and remit the proceeds to the state fund on a monthly basis. The monies must be deposited in an interest-bearing account separate from the general fund and used only to provide for indigent defense services. The monies shall be administered by the Office of Indigent Defense. The clerk of court or other appropriate official shall maintain a record of all persons applying for representation and the disposition of the application and shall provide this information to the Office of Indigent Defense on a monthly basis as well as reporting the amount of funds collected or waived."
B. This section takes effect July 1, 1999.
TO AMEND SECTION 23-31-216 OF THE 1976 CODE, RELATING TO THE COLLECTION OF CONCEALABLE WEAPON FEES BY THE STATE LAW ENFORCEMENT DIVISION, SO AS TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION SHALL COLLECT, RETAIN, AND CARRY FORWARD ALL FEES ASSOCIATED WITH THE CONCEALABLE WEAPON PERMIT PROGRAM.
A. Section 23-31-216 of the 1976 Code, as added by Act 39 of 1997, is amended to read:
"Section 23-31-216. The State Law Enforcement Division shall collect, retain, and carry forward all fees associated with the concealable weapon application, renewal, and replacement of the permit, as provided for in this article."
B. This section takes effect July 1, 1999.
TO AMEND SECTION 41-27-410 OF THE 1976 CODE, RELATING TO THE EMPLOYMENT SECURITY ADMINISTRATIVE CONTINGENCY ASSESSMENT, SO AS TO PROVIDE THAT THE CONTRIBUTION RATE MEANS THE CONTRIBUTION BASE RATE; TO AMEND SECTION 41-31-10, RELATING TO THE GENERAL RATE OF CONTRIBUTION FOR EMPLOYMENT SECURITY PURPOSES, SO AS TO PROVIDE THAT, FOR CALENDAR YEAR 2000 AND THEREAFTER, EMPLOYERS SUBJECT TO THE PAYMENT OF CONTRIBUTIONS ARE SUBJECT ALSO TO AN ADJUSTMENT OVER AND ABOVE THEIR BASE RATE, IF SO REQUIRED BY SECTION 41-31-80; TO AMEND SECTION 41-31-40, RELATING TO RATE COMPUTATION PERIODS AND THE MINIMUM CONTRIBUTION FOR THE FIRST TWENTY-FOUR MONTHS FOR EMPLOYMENT SECURITY PURPOSES, SO AS TO PROVIDE THAT RATE MEANS BASE RATE; TO AMEND SECTION 41-31-50, RELATING TO THE DETERMINATION OF RATES AND VOLUNTARY PAYMENTS FOR EMPLOYMENT SECURITY PURPOSES, SO AS TO PROVIDE THAT RATE MEANS BASE RATE, PROVIDE FOR THE SCHEDULE OF DETERMINED RATES FOR CALENDAR YEARS COMMENCING WITH THE YEAR 2000, AND PROVIDE FOR RELATED MATTERS; TO AMEND SECTION 41-31-60, RELATING TO EMPLOYMENT SECURITY, THE APPLICABLE RATE WHERE A DELINQUENT REPORT IS RECEIVED, AND THE PROVISION THAT THERE SHALL BE NO REDUCTION PERMITTED IN THE RATE WHEN EXECUTION FOR THE UNPAID TAX IS OUTSTANDING, SO AS TO PROVIDE THAT RATE MEANS BASE RATE; TO AMEND SECTION 41-31-80, RELATING TO EMPLOYMENT SECURITY AND THE STATEWIDE RESERVE RATIO, SO AS TO PROVIDE THAT, FOR THE BASE RATE COMPUTATIONS MADE FOR YEARS PRIOR TO CALENDAR YEAR 2000, WHEN THE STATEWIDE RESERVE RATIO COMPUTED DURING ANY CALENDAR YEAR EQUALS OR EXCEEDS THREE AND ONE-HALF PERCENT, CONTRIBUTION RATES APPLICABLE TO THE ENSUING CALENDAR YEAR ARE COMPUTED IN ACCORDANCE WITH SECTIONS 41-31-40 AND 41-31-50, AND PROVIDE THAT, FOR THE BASE RATE COMPUTATIONS MADE FOR YEARS COMMENCING WITH CALENDAR YEAR 2000, WHEN THE STATEWIDE RESERVE RATIO COMPUTED DURING ANY CALENDAR YEAR IS LESS THAN TWO PERCENT, ALL CONTRIBUTION BASE RATES AS COMPUTED IN ACCORDANCE WITH SECTIONS 41-31-40 AND 41-31-50 ARE ADJUSTED IN ACCORDANCE WITH THE PROVIDED SCHEDULE; TO AMEND SECTION 41-31-110, RELATING TO EMPLOYMENT SECURITY AND THE COMPUTATION OF RATES APPLICABLE TO SUCCESSORS, SO AS TO PROVIDE THAT RATE MEANS BASE RATE; AND TO AMEND SECTION 41-31-670, RELATING TO EMPLOYMENT SECURITY, FINANCING BENEFITS PAID TO EMPLOYEES OF NONPROFIT ORGANIZATIONS, AND SPECIAL PROVISIONS FOR ORGANIZATIONS THAT MADE REGULAR CONTRIBUTIONS PRIOR TO JANUARY 1, 1969, SO AS TO PROVIDE THAT EMPLOYER'S RATE MEANS EMPLOYER'S BASE RATE.
A. Section 41-27-410 of the 1976 Code is amended to read:
"Section 41-27-410. Effective January 1, 1986, the employment security administrative contingency assessment is an assessment of six one-hundredths of one percent to be assessed upon the wages as defined in Section 41-27-380(2) of all employers except those who have either elected to make payments in lieu of contributions as defined in Section 41-31-620 or are liable for the payment of contributions as defined in Section 41-31-620 or are liable for the payment of contributions and are classified as a state agency or any political subdivision or any instrumentality of the political subdivision as defined in Section 41-27-230(2) or have been assigned a contribution base rate of five and four-tenths percent."
B. Section 41-31-10 of the 1976 Code is amended to read:
"Section 41-31-10. (A) Each employer shall pay contributions equal to five and four-tenths percent of wages paid by him during each year except as may be otherwise provided in Chapters 27 through 41 of this title.
(B) For calendar year 2000 and subsequent years, employers subject to the payment of contributions are subject also to an adjustment over and above their base rate, if required by Section 41-31-80(2)."
C. Section 41-31-40 of the 1976 Code is amended to read:
"Section 41-31-40. Each employer's base rate for the twelve months commencing January first of any calendar year is determined in accordance with Section 41-31-50 on the basis of his record up to July first of the preceding calendar year, but no employer's base rate is less than two and sixty-four hundredths percent until there have been twenty-four consecutive months of coverage after first becoming liable for contributions under Chapters 27 through 41 of this title. Each employer who completes twenty-four consecutive calendar months of coverage after first becoming liable for contributions under the chapters during the current calendar year shall have a base rate computed at the beginning of the calendar quarter following the calendar quarter during which twenty-four consecutive months of coverage are completed based on the employer's experience through the preceding quarter. The base rate computed in accordance with Section 41-31-50 is applicable for the remainder of the current calendar year. For those employers completing the twenty-four months of coverage during the current calendar year, a new base rate for the succeeding calendar year is determined on the basis of their records through December thirty-first of the current year."
D. Section 41-31-50 of the 1976 Code is amended to read:
"Section 41-31-50. Each employer eligible for a rate computation shall have his base rate determined in the following manner:
(1) If, on the computation date as of which an employer's base rate is to be computed, as provided in Section 41-31-40, the total of all his contributions paid on his own behalf for all past periods exceeds the total benefits charged to his account for all the periods his contribution base rate for the period specified in Section 41-31-40 is, except for the provisions of Section 41-31-80, as follows:
(a) With respect to the calendar year 1973:
(i) two and thirty-five hundredths percent, if the excess equals or exceeds five percent but is less than six percent of his most recent annual payroll;
(ii) two percent, if the excess equals or exceeds six percent but is less than seven percent of his most recent annual payroll;
(iii) one and sixty-five hundredths percent, if the excess equals or exceeds seven percent but is less than eight percent of his most recent annual payroll;
(iv) one and thirty hundredths percent, if the excess equals or exceeds eight percent but is less than nine percent of his most recent annual payroll;
(v) ninety-five hundredths of one percent, if the excess equals or exceeds nine percent but is less than ten percent of his most recent annual payroll;
(vi) six-tenths of one percent, if the excess equals or exceeds ten percent but is less than eleven percent of his most recent annual payroll;
(vii) twenty-five hundredths of one percent, if the excess equals or exceeds eleven percent of his most recent annual payroll.
(b) With respect to calendar years 1974 through 1985:
(i) two and thirty-five hundredths percent, if the excess equals or exceeds three percent but is less than four percent of his most recent annual payroll;
(ii) two percent, if the excess equals or exceeds four percent but is less than five percent of his most recent annual payroll;
(iii) one and sixty-five hundredths percent, if the excess equals or exceeds five percent but is less than six percent of his most recent annual payroll;
(iv) one and thirty hundredths percent, if the excess equals or exceeds six percent but is less than seven percent of his most recent annual payroll;
(v) ninety-five hundredths of one percent, if the excess equals or exceeds seven percent but is less than eight percent of his most recent annual payroll;
(vi) six-tenths of one percent, if the excess equals or exceeds eight percent but is less than nine percent of his most recent annual payroll;
(vii) twenty-five hundredths of one percent, if the excess equals or exceeds nine percent of his most recent annual payroll.
(c) With respect to any calendar year commencing with the calendar year 1986:
(i) two and twenty-nine hundredths percent, if the excess equals or exceeds three percent but is less than four percent of his most recent annual payroll;
(ii) one and ninety-four hundredths percent, if the excess equals or exceeds four percent but is less than five percent of his most recent annual payroll;
(iii) one and fifty-nine hundredths percent, if the excess equals or exceeds five percent but is less than six percent of his most recent annual payroll;
(iv) one and twenty-four hundredths percent, if the excess equals or exceeds six percent but is less than seven percent of his most recent annual payroll;
(v) eighty-nine hundredths of one percent, if the excess equals or exceeds seven percent but is less than eight percent of his most recent annual payroll;
(vi) fifty-four hundredths of one percent if the excess equals or exceeds eight percent but is less than nine percent of his most recent annual payroll;
(vii) nineteen hundredths of one percent, if the excess equals or exceeds nine percent of his most recent annual payroll.
(d) With respect to any calendar year commencing with the calendar year 2000:
(i) two and sixty-four hundredths percent, if the excess is less than four percent of his most recent annual payroll;
(ii) two and twenty-nine hundredths percent, if the excess equals or exceeds four percent but is less than five percent of his most recent annual payroll;
(iii) one and ninety-four hundredths percent, if the excess equals or exceeds five percent but is less than six percent of his most recent annual payroll;
(iv) one and fifty-nine hundredths percent, if the excess equals or exceeds six percent but is less than seven percent of his most recent annual payroll;
(v) one and twenty-four hundredths percent, if the excess equals or exceeds seven percent but is less than eight percent of his most recent annual payrolls;
(vi) eighty-nine hundredths percent, if the excess equals or exceeds eight percent but is less than nine percent of his most recent annual payroll;
(vii) fifty-four hundredths percent, if the excess equals or exceeds nine percent of his most recent annual payroll.
(2) If, on the computation date as of which an employer's base rate is to be computed, as provided in Section 41-31-40, the total of all his contributions paid on his own behalf for all past periods is less than the total benefits charged to his account for all the periods his contribution base rate for the period specified in Section 41-31-40 is, except for the provisions of Section 41-31-80, as follows:
(a) With respect to any calendar year prior to the calendar year 1985:
(i) three and five hundredths percent, if the deficit equals five percent but is less than ten percent of his most recent annual payroll;
(ii) three and forty hundredths percent, if the deficit equals ten percent but is less than fifteen percent of his most recent annual payroll;
(iii) three and seventy-five hundredths percent, if the deficit equals fifteen percent but is less than twenty percent of his most recent annual payroll;
(iv) four and ten hundredths percent, if the deficit equals or exceeds twenty percent of his most recent annual payroll.
(b) With respect to the calendar year 1985:
(i) three and five hundredths percent, if the deficit equals five percent but is less than ten percent of his most recent annual payroll;
(ii) three and forty hundredths percent, if the deficit equals ten percent but is less than fifteen percent of his most recent annual payroll;
(iii) three and seventy-five hundredths percent, if the deficit equals fifteen percent but is less than twenty percent of his most recent annual payroll;
(iv) four and ten hundredths percent, if the deficit equals twenty percent but is less than twenty-five percent of his most recent annual payroll;
(v) four and forty-five hundredths percent, if the deficit equals twenty-five percent but is less than thirty percent of his most recent annual payroll;
(vi) four and eighty hundredths percent, if the deficit equals thirty percent but is less than thirty-five percent of his most recent annual payroll;
(vii) five and fifteen hundredths percent, if the deficit equals thirty-five percent but is less than forty percent of his most recent annual payroll;
(viii) five and forty hundredths percent, if the deficit equals or exceeds forty percent of his most recent annual payroll.
(c) With respect to any calendar year commencing with the calendar year 1986:
(i) two and sixty-four hundredths percent, if the deficit is less than five percent of his most recent annual payroll;
(ii) two and ninety-nine hundredths percent if the deficit equals or exceeds five percent but is less than ten percent of his most recent annual payroll;
(iii) three and thirty-four hundredths percent if the deficit equals or exceeds ten percent but is less than fifteen percent of his most recent annual payroll;
(iv) three and sixty-nine hundredths percent if the deficit equals or exceeds fifteen percent but is less than twenty percent of his most recent annual payroll;
(v) four and four hundredths percent if the deficit equals or exceeds twenty percent but is less than twenty-five percent of his most recent annual payroll;
(vi) four and thirty-nine hundredths percent if the deficit equals or exceeds twenty-five percent but is less than thirty percent of his most recent annual payroll;
(vii) four and seventy-four hundredths percent if the deficit equals or exceeds thirty percent but is less than thirty-five percent of his most recent annual payroll;
(viii) five and nine hundredths percent if the deficit equals or exceeds thirty-five percent but is less than forty percent of his most recent annual payroll;
(ix) five and forty hundredths percent, if the deficit equals or exceeds forty percent of his most recent annual payroll.
(3) In determining an employer's contribution rate, contributions for the quarter immediately preceding the computation date are considered as paid before the computation date if they are paid by the employer on or before the end of the month following the quarter or within any period of grace allowed by the Commission for payment of the quarter's contribution.
(4) For calendar year 1986 and any subsequent calendar year, voluntary payments are not permitted for the purpose of obtaining a lower rate of required contributions."
E. Section 41-31-60 of the 1976 Code is amended to read:
"Section 41-31-60. (1) If on the computation date upon which an employer's base rate is to be computed as provided in Section 41-31-40 there is a delinquent report, a base rate of five and four-tenths percent must be assigned until the next computation date. The assigned base rate is applicable for the entire period for which the computation is made even though the delinquent report is subsequently received.
(2) No employer is permitted to pay his unemployment compensation tax at a reduced base rate for any quarter when a tax execution issued in accordance with Section 41-31-390 with respect to delinquent unemployment compensation tax for a previous quarter is unpaid and outstanding against the employer. If on the computation date upon which an employer's base rate is computed as provided in Section 41-31-40 there is an outstanding tax execution, a base rate of two and sixty-four hundredths percent must be assigned for the period to which the computation applies. If the base rate for the prior year or the computed base rate for the computation period is greater than two and sixty-four hundredths percent, the highest base rate must be assigned until the next computation date or until such time as any outstanding tax execution has been paid."
F. Section 41-31-80 of the 1976 Code is amended to read:
"Section 41-31-80. A statewide reserve ratio must be computed once each year by adding to the total unemployment compensation fund on June thirtieth all contributions and interest received on or before July thirty-first and dividing the result so obtained by the sum of the total wages reported by contributing employers on their contribution reports received by the commission during the twelve-month period ending September thirtieth of the current year. Any amount credited to the state's account under Section 903 of the Social Security Act, as amended, which has been appropriated for expenses of administration, whether or not withdrawn from the trust fund, is excluded from the unemployment fund balance in computing the statewide reserve ratio. Any amount due and payable as a payment in lieu of contributions by a nonprofit organization as provided in Section 41-31-630, the State of South Carolina, or the Federal Government must be added to the total unemployment compensation fund for the purposes of the computations required by this section.
(1) For the base rate computations made for years prior to the calendar year 2000, when the statewide reserve ratio computed during any calendar year equals or exceeds three and one-half percent, contribution rates applicable to the following calendar year are computed in accordance with Sections 41-31-40 and 41-31-50. When the statewide reserve ratio computed during any calendar year is less than three and one-half percent, all contribution rates applicable to the following calendar year are increased over those computed in accordance with Sections 41-31-40 and 41-31-50 as follows:
(a) thirty-five hundredths of one percent, if the statewide reserve ratio equals or exceeds three percent but is less than three and one-half percent;
(b) seven-tenths of one percent, if the statewide reserve ratio equals or exceeds two and one-half percent but is less than three percent; and
(c) one and five hundredths percent, if the statewide reserve ratio is less than two and one-half percent.
This section does not apply to any employer whose contribution rate is more than two and sixty-four hundredths percent, and no employer's rate shall exceed two and sixty-four hundredths percent by reason of the application of this section.
(2) For the base rate computations made for years commencing with calendar year 2000, when the statewide reserve ratio computed during any calendar year is less than two percent, all contribution base rates as computed in accordance with Sections 41-31-40 and 41-31-50 are adjusted as follows:
(a) one-tenth percent, if the statewide reserve ratio is less than two percent but not less than one and nine-tenths percent;
(b) two-tenths percent, if the statewide reserve ratio is less than one and nine-tenths percent but not less than one and eight-tenths percent;
(c) three-tenths percent, if the statewide reserve ratio is less than one and eight-tenths percent but not less than one and seven-tenths percent;
(d) four-tenths percent, if the statewide reserve ratio is less than one and seven-tenths percent but not less than one and six-tenths percent;
(e) five-tenths percent, if the statewide reserve ratio is less than one and six-tenths percent but not less than one and five-tenths percent;
(f) six-tenths percent, if the statewide reserve ratio is less than one and five-tenths percent but not less than one and four-tenths percent;
(g) seven-tenths percent, if the statewide reserve ratio is less than one and four-tenths percent."
G. Section 41-31-110 of the 1976 Code is amended to read:
"Section 41-31-110. Whenever any person or other legal entity has in any manner succeeded to or has acquired substantially all or a distinct and severable portion of the business of another, as provided in Sections 41-31-100 and 41-31-120, the base rates of contributions are computed as follows:
(a) If the successor is not already an employer at the time of the acquisition, the base rate of contributions applicable to the predecessor employer with respect to the period immediately preceding the date of acquisition, if there is only one predecessor employer, shall apply to the successor employer for the remainder of the calendar year. The base rate for the subsequent calendar year is computed based upon the employment benefit experience record of the predecessor or upon the combined employment benefit experience record of the predecessor and the successor, if applicable, as of June thirtieth of the year in which the acquisition occurred.
(b) If the successor is not already an employer at the time of the acquisition and there is more than one transferring employer with a different base rate, the successor employer is assigned the base rate of that transferring employer who has the highest base rate with the base rate being applicable until the end of the quarter in which the succession occurs.
(c) If the successor is already an employer at the time of the acquisition, the base rate of contributions applicable at the time of the acquisition to the successor employer shall continue to be applicable until the end of the quarter in which succession occurs.
For the purposes of items (b) and (c), the base rate as assigned continues in effect until the first day of the next calendar quarter immediately following the acquisition, at which time the commission shall compute a base rate based upon the combination of that portion of the employment benefit experience record acquired from the predecessor with the employment benefit experience record of the successor, subject to the provisions of this article, which base rate is applicable to the successor from the first day of the quarter for the remainder of the calendar year. If the acquisition occurred prior to July first, the base rate for the subsequent calendar year is computed based upon the combined employment benefit experience record as of June thirtieth of the year in which the acquisition occurred; if the acquisition occurred subsequent to June thirtieth, the base rate for the subsequent calendar year is computed based upon the combined employment benefit experience record as of December thirty-first. All base rates thereafter are computed upon the basis of the combined employment benefit experience record and at such time as provided in Section 41-31-40."
H. Section 41-31-670(2) of the 1976 Code is amended to read:
"(2) Any nonprofit organization which has elected to become liable for payments in lieu of contributions under the provisions of Sections 41-31-620 and 41-31-630 and thereafter terminates the election shall become an employer liable for the payments of contributions upon the effective date of the termination but no such employer's base rate thereafter may be less than two and sixty-four hundredths percent until there have been twenty-four consecutive calendar months of coverage after so becoming liable for the payment of contributions. If the employer has been an employer liable for the payment of contributions prior to election to become liable for payments in lieu of contributions the balance in the experience rating account of the employer as of the termination date of the election to become liable for payments in lieu of contributions is transferred to the new experience rating account then established for the employer."
*Text printed in italic, boldface mark sections vetoed by the Governor June 30, 1999.
TO AMEND SECTION 4-12-30, AS AMENDED, OF THE 1976 CODE, RELATING TO ELIGIBILITY FOR THE FEE IN LIEU OF TAXES, SO AS TO REDUCE FROM FIVE MILLION DOLLARS TO ONE MILLION DOLLARS THE MINIMUM INVESTMENT THRESHOLD FOR ELIGIBILITY FOR THE FEE IN A COUNTY WITH AVERAGE UNEMPLOYMENT OF AT LEAST TWICE THE STATE AVERAGE DURING THE LAST TWO CALENDAR YEARS; AND TO AMEND SECTION 12-44-30, RELATING TO DEFINITIONS FOR PURPOSES OF THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO REDUCE FROM FIVE MILLION DOLLARS TO ONE MILLION DOLLARS THE MINIMUM INVESTMENT THRESHOLD FOR ELIGIBILITY FOR THE FEE IN A COUNTY WITH AVERAGE UNEMPLOYMENT OF AT LEAST TWICE THE STATE AVERAGE DURING THE LAST TWO CALENDAR YEARS.
A. Section 4-12-30(B)(3) of the 1976 Code, as added by Act 125 of 1995, is amended to read:
"(3) The minimum level of investment must be at least five million dollars and must be invested within the time period provided in subsection (C)(2). If a county has an average annual unemployment rate of at least twice the state average during each of the last two calendar years, the minimum level of investment is one million dollars."
B. Section 12-44-30(14) of the 1976 Code, as added by Act 149 of 1997, is amended to read:
"(14) 'Minimum investment' means a project which results in a total investment by a sponsor of not less than five million dollars within the investment period. If a county has an average annual unemployment rate of at least twice the state average during each of the last two completed calendar years, the minimum investment is one million dollars."
TO AMEND THE 1976 CODE BY ADDING SECTION 11-43-255 SO AS TO PROVIDE SIXTEEN MILLION SEVEN HUNDRED THOUSAND DOLLARS OF GENERAL FUND REVENUES ON JULY 1, 2000, AND EACH JULY 1 THEREAFTER, TO THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK IF THE BANK HAS SUBMITTED ALL ITS PROCEDURES, OPERATING STANDARDS, AND GUIDELINES IN THE FORM OF REGULATIONS FOR GENERAL ASSEMBLY REVIEW AND APPROVAL UNDER THE ADMINISTRATIVE PROCEDURES ACT, TO PROVIDE THAT EMERGENCY REGULATIONS MAY NOT BE USED TO CIRCUMVENT THE PROVISIONS OF THIS SECTION, AND TO PROVIDE THAT IF THE REGULATIONS PROMULGATED PURSUANT TO THIS SECTION HAVE NOT TAKEN EFFECT BEFORE JULY 1, 2000, THE PROVISIONS OF THIS SECTION SHALL HAVE NO FORCE OR EFFECT.
A. Article 1, Chapter 43, Title 11 of the 1976 Code is amended by adding:
"Section 11-43-255. Beginning July 1, 2000, and each July 1 thereafter, the State Treasurer shall transfer sixteen million seven hundred thousand dollars of general fund revenues to the account of the bank if the bank has submitted all of its procedures, operating standards, and guidelines in the form of regulations to the General Assembly for review and approval in accordance with the Administrative Procedures Act. The bank may not use provisions applicable to emergency regulations to circumvent the provisions of this section. If the regulations promulgated pursuant to this section have not taken effect before July 1, 2000, then the provisions of this section shall have no force or effect."
B. This section takes effect July 1, 1999.
*Text printed in italic, boldface mark sections vetoed by the Governor June 30, 1999.
TO AMEND SECTION 11-43-130 OF THE 1976 CODE, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK ACT, SO AS TO EXTEND THE DEFINITION OF "ELIGIBLE PROJECT" TO MASS TRANSIT, INCLUDING MONORAIL AND MONOBEAM TRANSPORTATION SYSTEMS; TO AMEND SECTION 11-43-140, RELATING TO THE BANK'S BOARD OF DIRECTORS, SO AS TO REQUIRE THE ADVICE AND CONSENT OF THE SENATE TO GUBERNATORIAL APPOINTMENTS OF DIRECTORS; TO AMEND SECTION 11-43-150, RELATING TO THE POWERS OF THE BANK, SO AS TO PROVIDE THAT THE PROVISIONS OF THE ADMINISTRATIVE PROCEDURES ACT APPLY TO THE BANK; AND TO AMEND SECTION 11-43-160, RELATING TO SOURCES OF FUNDING FOR THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK, SO AS TO REVISE THE CONTRIBUTION TO THE BANK BY THE DEPARTMENT OF TRANSPORTATION FROM A MAXIMUM ANNUAL CONTRIBUTION OF THREE PERCENT OF FUNDS APPROPRIATED FOR THE CONSTRUCTION AND MAINTENANCE OF STATE HIGHWAYS TO AN AMOUNT NOT TO EXCEED THE REVENUE PRODUCED BY ONE CENT A GALLON OF THE TAX ON GASOLINE AND TO DELETE SPECIFIC PURPOSES FOR THE USE OF THE CONTRIBUTION.
A. Section 11-43-130(6) of the 1976 Code, as added by Act 148 of 1998, is amended to read:
"(6) 'Eligible project' means a highway, including bridges, or transit project which provides public benefits by either enhancing mobility and safety, promoting economic development, or increasing the quality of life and general welfare of the public. 'Eligible project' also includes mass transit including, but not limited to, monorail and monobeam mass transit systems."
* B. Section 11-43-140 of the 1976 Code, as added by Act 148 of 1998, is amended to read:
"Section 11-43-140. The board of directors is the governing board of the bank. The board consists of seven voting directors as follows: the Chairman of the Department of Transportation Commission, ex officio; two directors appointed by the Governor, one of whom he shall designate to serve as chairman; one director appointed by the Speaker of the House of Representatives; one member of the House of Representatives appointed by the Speaker, ex officio; one director appointed by the President Pro Tempore of the Senate; and one member of the Senate appointed by the President Pro Tempore of the Senate, ex officio. Gubernatorial appointments must be made with the advice and consent of the Senate. Directors appointed by the Governor, the Speaker, and the President Pro Tempore shall serve terms coterminous with those of their appointing authority. The terms for the legislative members are coterminous with their terms of office. The vice chairman must be elected by the board. Any person appointed to fill a vacancy must be appointed in the same manner as the original appointee for the remainder of the unexpired term."
*Text printed in italic, boldface mark sections vetoed by the Governor June 30, 1999.
C. Section 11-43-150 of the 1976 Code, as added by Act 148 of 1998, is amended by adding at the end:
"(C) The bank is subject to the provisions of Article 1, Chapter 23 of Title 1, the Administrative Procedures Act."
D. Section 11-43-160(A)(1) of the 1976 Code, as added by Act 148 of 1997, is amended to read:
"(1) an annual contribution set by the board of an amount not to exceed revenues produced by one cent a gallon of the tax on gasoline imposed pursuant to Section 12-28-310;"
E. This section takes effect July 1, 1999, and with the amendment to Section 11-43-140 of the 1976 Code as contained in this section, applies to bank directors appointed after June 30, 1999.
TO AMEND SECTION 12-6-1140, AS AMENDED, OF THE 1976 CODE, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO ALLOW A THREE HUNDRED DOLLAR DEDUCTION FOR TAXABLE YEAR 1999 AND A THREE THOUSAND DOLLAR DEDUCTION FOR TAXABLE YEAR 2000 FOR QUALIFYING VOLUNTEER FIREFIGHTERS AND RESCUE SQUAD MEMBERS; TO PROVIDE THE METHOD OF CALCULATING THE MAXIMUM DEDUCTION AMOUNT FOR TAXABLE YEARS AFTER 2000; AND TO AMEND THE 1976 CODE BY ADDING SECTION 23-9-190 SO AS TO ESTABLISH A PERFORMANCE-BASED POINT SYSTEM FOR VOLUNTEER FIREFIGHTERS AND RESCUE SQUAD MEMBERS UNDER THE ADMINISTRATION OF THE STATE FIRE MARSHAL USED TO DETERMINE ELIGIBILITY FOR THE TAX DEDUCTION ALLOWED BY THIS SECTION.
A. Section 12-6-1140 of the 1976 Code, as last amended by Section 49A, Part II, Act 419 of 1998, is further amended by adding an appropriately numbered item at the end to read:
"( ) Three hundred dollars for taxable year 1999 and three thousand dollars for taxable year 2000 for a volunteer firefighter or rescue squad member. For taxable years after 2000, the Board of Economic Advisors annually shall estimate a maximum deduction that may be permitted under this section for a taxable year based on an individual income tax revenue loss of three million one hundred thousand dollars attributable to this deduction and shall certify that maximum deduction to the Department of Revenue and for the applicable taxable year, the maximum deduction amount must not exceed the lesser of the certified estimate or three thousand dollars. Only a volunteer earning a minimum number of points pursuant to Section 23-9-190 is eligible for this deduction."
B. Article 1, Chapter 9, Title 23 of the 1976 Code is amended by adding:
"Section 23-9-190. (A) The State Fire Marshal shall establish a performance-based point system for volunteer firefighters and rescue squad members. Members receiving annually a minimum number of points set by the Fire Marshal are eligible for the deduction allowed pursuant to Section 12-6-1140. Points must be awarded for a year as follows:
(1) Participation in approved training, including:
(a) Certified interior firefighter;
(b) Emergency vehicle driver training;
(c) Pump operations;
(d) Incident command systems;
(e) Rural water supply;
(f) Automobile extrication;
(g) Certified instructor training;
(h) Certified inspector training;
(i) Certified public fire education training;
(j) Officer training.
(2) Possessing a commercial or Class E driver's license;
(3) Participation in first aid/medical training such as:
(a) First responder;
(b) EMT--basic;
(c) EMT--intermediate;
(d) Paramedic.
(4) Participation in public fire education programs;
(5) Attendance at meetings;
(6) Station staffing; and
(7) Volunteer response.
(B) The Fire Marshal shall, in consultation with the South Carolina State Firemen's Association:
(1) Develop a standardized form and recordkeeping system and provide a master copy of all information and forms to each fire department and rescue squad in the State;
(2) Provide training to the various fire chiefs or rescue squad leaders on the use of the forms and the outline of the program;
(3) Advertise the availability of the program.
(C) The local fire chief/rescue squad leader shall:
(1) Provide written records to each member by January 31 of the year following the applicable tax year that shows the points obtained by each member for the previous tax year;
(2) Maintain a copy of records for each member for at least seven years;
(3) Certify the report for each member.
(4) Provide to the Department of Revenue by January 31 of the year following the applicable tax year copies of the records forwarded to members pursuant to item (1) of this subsection. Each member's social security number must be included in the copies forwarded to the department."
C. This section is effective for taxable years beginning after 1998.
TO AMEND SECTION 12-10-35 OF THE 1976 CODE, RELATING TO THE INCOME TAX MORATORIUM APPLICABLE IN CERTAIN COUNTIES FOR A QUALIFYING BUSINESS, SO AS TO ADD A COUNTY WHICH IS ONE OF THE THREE LOWEST PER CAPITA INCOME COUNTIES BASED ON THE AVERAGE OF SUCH INCOME IN THE THREE MOST RECENT YEARS TO THOSE COUNTIES IN WHICH A QUALIFYING BUSINESS IS ELIGIBLE FOR THE MORATORIUM.
A. Section 12-10-35 of the 1976 Code, as added by Act 419 of 1998, is amended to read:
"Section 12-10-35. (A) If a qualifying business creates at least one hundred new full-time jobs, as defined in Section 12-6-3360(F), in a county (1) with an average annual unemployment rate of at least twice the state average during each of the last two completed calendar years, or (2) which is one of the three lowest per capita income counties based on the average of the three most recent years of average per capita income data, and at least ninety percent of the qualifying businesses' investment in this State is in such a county, then the company is allowed a moratorium on state corporate income taxes imposed pursuant to Section 12-6-530 for the company's first ten taxable years beginning with the taxable year after it first qualifies. The moratorium applies to that portion of the company's corporate income tax that represents the ratio that the company's new investment is of its total investment in this State.
(B) If at least two hundred new full-time jobs are added, the moratorium period is fifteen taxable years."
B. This section applies for taxable years beginning after 1998.
TO AMEND ARTICLE 1, CHAPTER 11, TITLE 8 OF THE 1976 CODE, RELATING TO STATE OFFICERS AND EMPLOYEES, BY ADDING SECTION 8-11-186 SO AS TO REQUIRE A STATE AGENCY TO REPORT AN INTERIM NEW FULL-TIME EMPLOYMENT POSITION TO THE APPROPRIATE SENATE FINANCE AND HOUSE OF REPRESENTATIVES WAYS AND MEANS SUBCOMMITTEES.
A. Article 1, Chapter 11, Title 8 of the 1976 Code is amended by adding:
"Section 8-11-186. A state agency shall report to the appropriate Senate Finance and House of Representatives Ways and Means subcommittees an interim new full-time employment position when authorization is requested from the Budget and Control Board. The report must include, but not be limited to, justification of need for the position and a detailed explanation of the source of funding."
B. This section takes effect July 1, 1999.
TO AMEND ARTICLE 1, CHAPTER 11, TITLE 8 OF THE 1976 CODE, RELATING TO STATE OFFICERS AND EMPLOYEES, BY ADDING SECTION 8-11-187 SO AS TO REQUIRE A STATE AGENCY TO REPORT A FULL-TIME EMPLOYMENT POSITION TRANSFERRED TO OR RECEIVED FROM ANOTHER STATE AGENCY TO THE APPROPRIATE SENATE FINANCE AND HOUSE OF REPRESENTATIVES WAYS AND MEANS SUBCOMMITTEES.
A. Article 1, Chapter 11, Title 8 of the 1976 Code is amended by adding:
"Section 8-11-187. A state agency shall report to the appropriate Senate Finance and House of Representatives Ways and Means subcommittees a full-time employment position transferred to or received from another state agency. The report must include, but not be limited to, justification for the transfer and a detailed explanation of the source of funding."
B. This section takes effect July 1, 1999.
TO AMEND SECTIONS 9-1-1790 AND 9-11-90, BOTH AS AMENDED, OF THE 1976 CODE, RELATING TO THE MAXIMUM AMOUNT WHICH MAY BE EARNED WITHOUT AFFECTING RETIREMENT BENEFITS BY RETIREES UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM WHO RETURN TO COVERED EMPLOYMENT, SO AS TO PERMANENTLY INCREASE THE MAXIMUM TO TWENTY-FIVE THOUSAND DOLLARS IN A FISCAL YEAR, TO REQUIRE AN EMPLOYER TO REIMBURSE THE SYSTEM FOR BENEFITS WRONGLY PAID TO A RETIREE IF THE EMPLOYER DID NOT NOTIFY THE SYSTEM ON HIRING A RETIREE, TO REQUIRE THE EMPLOYER TO PAY THE EMPLOYER CONTRIBUTIONS ON AMOUNTS PAID TO RETIREES, AND TO DEDUCT UNPAID CONTRIBUTIONS FROM STATE PAYMENTS OTHERWISE DUE THE EMPLOYER IF THE EMPLOYER FAILS TO MAKE THE REQUIRED CONTRIBUTION; AND TO REPEAL SECTION 9-1-1600 RELATING TO A LIMITED EXEMPTION FROM THE EARNINGS LIMITATION BY A TEACHER OR OTHER EMPLOYEE ESPECIALLY SKILLED IN SCIENTIFIC KNOWLEDGE.
A. The General Assembly finds that:
(1) educational improvement is the primary issue in this State and that teaching experience is one of the keys to educational improvement;
(2) South Carolina is faced with a teacher shortage;
(3) incentives, and funding for these incentives, for rewarding and retaining experienced teachers are vital to maintaining a professional teaching corps;
(4) other areas within state and local government also can benefit from the retention of experienced professional employees.
B. Section 9-1-1790 of the 1976 Code, as last amended by Section 50(A), Part II, Act 189 of 1989, is further amended to read:
"Section 9-1-1790. (A) A retired member of the system may return to employment covered by the system and earn up to twenty-five thousand dollars a fiscal year without affecting the monthly retirement allowance he is receiving from the system. If the retired member continues in service after having earned twenty-five thousand dollars in a fiscal year, his retirement allowance must be discontinued during his period of service in the remainder of the fiscal year. If the employment continues for at least forty-eight consecutive months, the provisions of Section 9-1-1590 apply. The provisions of this section do not apply to an employee or member of the system who has retired mandatorily because of age pursuant to Section 9-1-1530. If an employer fails to notify the system of the engagement of a retired member to perform services, the employer shall reimburse the system for all benefits wrongly paid to the retired member.
(B) An employer shall pay to the system the employer contribution for active members prescribed by law with respect to any retired member engaged to perform services for the employer, regardless of whether the retired member is a full-time or part-time employee or a temporary or permanent employee. If an employer who is obligated to the system pursuant to this subsection fails to pay the amount due, as determined by the system, the amount must be deducted from any funds payable to the employer by the State."
C. Section 9-11-90(4) of the 1976 Code, as last amended by Section 50(A), Part II, Act 189 of 1989, is further amended to read:
"(4)(a) Notwithstanding the provisions of subsections (1) and (2) of this section, a retired member of the system may return to employment covered by the system and earn up to twenty-five thousand dollars a fiscal year without affecting the monthly retirement allowance he is receiving from the system. If the retired member continues in service after having earned twenty-five thousand dollars in a fiscal year, his retirement allowance must be discontinued during the period of service in the remainder of the fiscal year. If the employment continues for at least forty-eight consecutive months, the provisions of Section 9-1-1590 apply. The provisions of this section do not apply to an employee or member of the system who has retired mandatorily because of age pursuant to Section 9-1-1530. If an employer fails to notify the system of the engagement of a retired member to perform services, the employer shall reimburse the system for all benefits wrongly paid to the retired member.
(b) An employer shall pay to the system the employer contribution for active members prescribed by law with respect to any retired member engaged to perform services for the employer, regardless of whether the retired member is a full-time or part-time employee or a temporary or permanent employee. If an employer who is obligated to the system pursuant to this subsection fails to pay the amount due, as determined by the system, the amount must be deducted from any funds payable to the employer by the State."
D. Section 9-1-1600 of the 1976 Code is repealed.
E. This section takes effect July 1, 1999.
TO AMEND SECTION 12-6-1170, AS AMENDED, OF THE 1976 CODE, RELATING TO THE RETIREMENT INCOME DEDUCTION AND THE TAXABLE INCOME DEDUCTION ALLOWED INDIVIDUAL TAXPAYERS WHO HAVE ATTAINED AGE SIXTY-FIVE, SO AS TO INCREASE THE TAXABLE INCOME DEDUCTION ALLOWED INDIVIDUAL TAXPAYERS WHO HAVE ATTAINED AGE SIXTY-FIVE FROM ELEVEN THOUSAND FIVE HUNDRED DOLLARS TO FIFTEEN THOUSAND DOLLARS.
A. Section 12-6-1170(B) of the 1976 Code, as last amended by Section 49 I.B., Part II, Act 419 of 1998, is further amended to read:
"(B) Beginning for the taxable year during which a resident individual taxpayer attains the age of sixty-five years, the resident individual taxpayer is allowed a deduction from South Carolina taxable income received in an amount not to exceed fifteen thousand dollars reduced by any amount the taxpayer deducts pursuant to subsection (A) not including amounts deducted as a surviving spouse. If married taxpayers eligible for this deduction file a joint federal income tax return, then the maximum deduction allowed is fifteen thousand dollars in the case when only one spouse has attained the age of sixty-five years and thirty thousand dollars when both spouses have attained such age."
B. This section applies for taxable years beginning after 1998.
TO AMEND SECTION 12-36-90, AS AMENDED, OF THE 1976 CODE, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALES" FOR PURPOSES OF THE STATE SALES AND USE TAX, SO AS TO EXEMPT FROM THAT DEFINITION THE SALES PRICE ON SALES WHICH ARE UNCOLLECTIBLE, TO PROVIDE FOR CREDIT FOR TAXES PAID ON UNCOLLECTIBLE AMOUNTS, AND TO PROVIDE FOR LATER PAYMENT OF TAXES ON AMOUNTS SUBSEQUENTLY COLLECTED.
A. Section 12-36-90(2) of the 1976 Code, as last amended by Act 431 of 1996, is further amended by adding the following lettered subitem at the end:
"(h ) the sales price, not including sales tax, of property on sales which are actually charged off as bad debts or uncollectible accounts for state income tax purposes. A taxpayer who pays the tax on the unpaid balance of an account which has been found to be worthless and is actually charged off for state income tax purposes may take credit for the tax paid on a return filed pursuant to this chapter, except that if an amount charged off is later paid in whole or in part to the taxpayer, the amount paid must be included in the first return filed after the collection and the tax paid."
B. This section applies for debt incurred after 1999.
TO AMEND SECTION 43-5-1135, AS AMENDED, OF THE 1976 CODE, RELATING TO THE GOAL TO RECRUIT AND HIRE INTO PUBLIC SECTOR JOBS COVERED BY THE SOUTH CAROLINA RETIREMENT SYSTEM PERSONS RECEIVING FAMILY INDEPENDENCE OR FOOD STAMP ASSISTANCE, SO AS TO REQUIRE AGENCIES TO REPORT THESE HIRES TO THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES RATHER THAN TO THE OFFICE OF HUMAN RESOURCES OF THE STATE BUDGET AND CONTROL BOARD.
A. Section 43-5-1135 of the 1976 Code, as last amended by Act 133 of 1997, is further amended to read:
"Section 43-5-1135. Each agency which is a member of the South Carolina Retirement System shall establish recruitment and hiring goals which shall target ten percent of all jobs requiring a high school diploma or less to be filled with family independence or food stamp recipients. A question concerning receipt of family independence benefits or food stamps may be added to the state employment application for purposes of targeting these applicants. Each agency annually shall report to the South Carolina Department of Social Services the number of family independence and food stamp recipients employed in comparison to the established goal."
B. This section takes effect July 1, 1999.
TO AMEND THE 1976 CODE BY ADDING SECTION 8-19-15 SO AS TO REQUIRE ALL GRANT-IN-AID STATE AGENCIES REQUIRED BY FEDERAL LAW TO OPERATE UNDER MERIT PRINCIPLES IN PERSONNEL POLICIES AS A CONDITION OF RECEIVING FEDERAL GRANTS TO ESTABLISH THOSE MERIT POLICIES AND PROCEDURES NECESSARY TO ENSURE COMPLIANCE WITH THE FEDERAL MERIT PRINCIPLES REQUIREMENTS, AND TO REPEAL SECTIONS 8-19-10, 8-19-20, 8-19-30, 8-19-40, 8-19-50, 8-19-55, AND 8-19-60, ALL OBSOLETE PROVISIONS RELATING TO THE "SINGLE COOPERATIVE INTERAGENCY MERIT SYSTEM OF PERSONNEL ADMINISTRATION" ESTABLISHED FOR GRANT-AIDED AGENCIES IN THE STATE.
A. Chapter 19, Title 8 of the 1976 Code is amended by adding:
"Section 8-19-15. A grant-in-aid agency required by federal law to operate under merit principles in the administration of its personnel programs as a condition of receiving federal grants, shall establish those policies and procedures necessary to assure compliance with the federal merit principles requirements."
B. Sections 8-19-10, 8-19-20, 8-19-30, 8-19-40, 8-19-50, 8-19-55, and 8-19-60 of the 1976 Code are repealed.
C. This section takes effect July 1, 1999.
TO AMEND THE 1976 CODE BY ADDING SECTION 8-11-197 SO AS TO PROVIDE THAT EMPLOYER-PAID REIMBURSEMENTS OF MILEAGE EXPENSES INCURRED IN THE COURSE OF OFFICIAL BUSINESS BY STATE OFFICERS AND EMPLOYEES MUST BE AT A PER MILE RATE THAT IS EQUAL TO THE STANDARD BUSINESS MILEAGE RATE ESTABLISHED BY THE INTERNAL REVENUE SERVICE AS THAT RATE IS PERIODICALLY ADJUSTED.
A. Article 1, Chapter 11, Title 8 of the 1976 Code is amended by adding:
"Section 8-11-197. Employer-paid reimbursements paid to a state officer or employee for mileage expenses incurred in the performance of official duties must be paid at a per mile rate that is equal to the standard business mileage rate established by the Internal Revenue Service as that rate is periodically adjusted by the Internal Revenue Service."
B. This section takes effect July 1, 1999.
TO AMEND SECTION 56-1-2070, AS AMENDED, OF THE 1976 CODE, RELATING TO THE PROHIBITION AGAINST AND EXCEPTIONS TO THE PROVISIONS RELATING TO THE DRIVING OF A COMMERCIAL MOTOR VEHICLE WITHOUT A VALID COMMERCIAL DRIVER LICENSE, SO AS TO REVISE THE CIRCUMSTANCES IN WHICH CERTAIN MILITARY PERSONNEL MAY OPERATE A GOVERNMENT-OWNED MOTOR VEHICLE WITHOUT A COMMERCIAL DRIVER LICENSE, AND TO PROVIDE THAT CERTAIN MILITARY PERSONNEL MAY OPERATE A STATE-OWNED MOTOR VEHICLE WITHOUT A COMMERCIAL DRIVER LICENSE.
Section 56-1-2070(C)(1) of the 1976 Code, as amended by Act 258 of 1998, is further amended to read:
"(1) active duty military personnel; members of the military reserves; members of the South Carolina National Guard who are on active duty, including personnel on full-time South Carolina National Guard duty, personnel on part-time South Carolina National Guard training, and South Carolina National Guard military technicians required to wear uniforms; and active duty military United States Coast Guard personnel while operating vehicles owned by the United States government or this State. This exception does not apply to technicians in the United States Reserves;"
*Text printed in italic, boldface mark sections vetoed by the Governor June 30, 1999.
TO AMEND SECTION 59-67-510 OF THE 1976 CODE, RELATING TO THE USE OF SCHOOL BUS EQUIPMENT FOR THE TRANSPORTATION OF INDIVIDUALS FOR SPECIAL EVENTS AND EDUCATIONAL PURPOSES, SO AS TO PROVIDE THAT SCHOOL BUS EQUIPMENT MAY BE USED FOR TRANSPORTATION IN CONNECTION WITH OFFICIAL FUNCTIONS BY THE SOUTH CAROLINA ADJUTANT GENERAL AND THE RESERVE COMPONENTS OF THE UNITED STATES ARMED FORCES AND PROVIDE FOR REIMBURSEMENT FOR THE BUSES USE.
A. Section 59-67-510 of the 1976 Code is amended to read:
"Section 59-67-510. County boards of education may permit the use of school bus equipment for transportation in connection with athletic events, boys' and girls' clubs, special events in connection with the schools, official functions by the office of the Adjutant General of South Carolina, and the Reserve Components of the United States Armed Forces which must reimburse the boards of education, at least, for the costs of use of the buses, including depreciation, and other educational purposes as may appear proper to the respective boards."
B. This section takes effect July 1, 1999.
TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-115 SO AS TO REQUIRE PROCEEDS OF THE SALE OF REAL PROPERTY TITLED TO OR UNDER THE CARE AND CONTROL OF THE STATE BUDGET AND CONTROL BOARD TO BE DEPOSITED TO THE CREDIT OF THE SINKING FUND AND USED BY THE BOARD TO ACQUIRE AND MAINTAIN FACILITIES OWNED BY IT FOR THE USE AND OCCUPANCY OF STATE DEPARTMENTS AND AGENCIES.
A. Article 1, Chapter 11, Title 1 of the 1976 Code is amended by adding:
"Section 1-11-115. All proceeds from the sale of real property titled to or subject to the care and control of the State Budget and Control Board must be deposited to the credit of the Sinking Fund and used by the board for the acquisition and maintenance of facilities owned by it for the use and occupancy of state departments and agencies."
B. This section takes effect July 1, 1999.
TO AMEND SECTION 1-11-720, AS AMENDED, OF THE 1976 CODE, RELATING TO ENTITIES ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLAN, SO AS TO MAKE ELIGIBLE LEGISLATIVE CAUCUS COMMITTEES AND THEIR EMPLOYEES FOR THESE BENEFITS.
A. Section 1-11-720(A) of the 1976 Code, as last amended by Act 317 of 1998, is further amended by adding an appropriately numbered item at the end to read:
"( ) legislative caucus committees as defined in Section 8-13-1300(21)."
B. This section takes effect July 1, 1999.
TO AMEND THE 1976 CODE BY ADDING SECTION 59-5-135 SO AS TO ESTABLISH WITHIN THE DEPARTMENT OF EDUCATION THE GOVERNOR'S INSTITUTE OF READING AND TO PROVIDE FOR THE FUNCTIONS OF THE INSTITUTE AND ITS FUNDING.
The 1976 Code is amended by adding:
"Section 59-5-135. (A) The General Assembly finds that:
(1) reading is the most important academic skill and the basis for success in school and work;
(2) test results indicate that a significant portion of South Carolina students score below the fiftieth percentile on nationally normed achievement tests; and
(3) it is necessary and proper to establish a comprehensive long-term commitment to improve reading as well as overall academic performance.
(B) There is created within the State Department of Education the Governor's Institute of Reading. The purpose of the institute is to create a collaborative effort to mobilize education, business, and community resources to ensure that all children learn to read independently and well by the end of the third grade. The Governor's Institute of Reading is based upon a collaborative effort of education professionals and reading experts and designed to promote reading in every school district. To accomplish this mission, the institute shall:
(1) review the best practices in the teaching of reading;
(2) provide teachers with professional development and support for implementing best practices in the teaching of reading; and
(3) award competitive grants to school districts for designing and providing a comprehensive approach to reading instruction based on best practices.
The State Board of Education shall develop guidelines for administering and allocating funds for the Governor's Institute of Reading. Grants must be awarded, beginning with fiscal year 1999-2000, to districts for implementing programs designed to achieve exemplary reading. The department may carry forward any unexpended appropriations to be used for this same purpose from fiscal year to fiscal year."
TO AMEND THE 1976 CODE BY ADDING SECTION 23-3-175 SO AS TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION VEHICLE THEFT UNIT MAY CONDUCT INSPECTIONS OF A JUNKYARD, SCRAP METAL PROCESSING FACILITY, SALVAGE YARD, AND OTHER FACILITIES THAT RELATE TO MOTOR VEHICLES IN THE PRESENCE OF A FACILITY'S EMPLOYEE OR OWNER FOR THE PURPOSE OF LOCATING A STOLEN VEHICLE OR TO INVESTIGATE THE TITLING OR REGISTRATION OF WRECKED OR DISMANTLED VEHICLES.
A. The 1976 Code is amended by adding:
"Section 23-3-175. The State Law Enforcement Division Vehicle Theft Unit is authorized to inspect a junkyard, scrap metal processing facility, salvage yard, repair shop, licensed business buying, selling, displaying, or trading new or used motor vehicles or parts of motor vehicles, parking lots, and public garages, or a person dealing with salvaged motor vehicles or parts of them.
The physical inspection must be conducted while an employee or owner of the facility is present and must be for the purpose of locating stolen motor vehicles or investigating titling or registration of motor vehicles wrecked or dismantled."
B. This section takes effect July 1, 1999.
TO AMEND SECTION 50-9-510, AS AMENDED, OF THE 1976 CODE, RELATING TO HUNTING LICENSES AUTHORIZED FOR SALE, SO AS TO PROVIDE FOR A NONRESIDENT TEMPORARY PERMIT, IN ADDITION TO THE REQUIRED HUNTER'S LICENSE FOR HUNTING BIG GAME FOR A CONSECUTIVE TEN-DAY PERIOD, AND TO PROVIDE THAT THE ISSUING AGENT RETAIN ONE DOLLAR OF THE TWENTY-FIVE DOLLAR FEE.
A. Section 50-9-510 of the 1976 Code, as last amended by Act 372 of 1996, is further amended by adding at the end:
"(19) In addition to the required nonresident hunter's license, a nonresident may purchase a statewide temporary permit for the privilege of hunting big game, including deer, bear, and turkey, for a period of ten consecutive days, at a cost of twenty-five dollars. One dollar of the permit cost may be retained by the agent issuing the permit."
B. This section takes effect July 1, 1999.
TO AMEND SECTION 12-37-251, AS AMENDED, OF THE 1976 CODE, RELATING TO THE PROPERTY TAX RELIEF FUND, SO AS TO REVISE HOW SCHOOL DISTRICTS ARE REIMBURSED FROM THE TRUST FUND FOR TAX RELIEF, INCLUDING A PROVISION FOR REIMBURSEMENT ON A PER CAPITA BASIS, AND THE MEANS OF ALLOCATING REIMBURSEMENT WHEN AMOUNTS AVAILABLE ARE INSUFFICIENT TO PROVIDE A FULL PER CAPITA REIMBURSEMENT; TO PROVIDE FOR THE MANNER IN WHICH DISTRICTS MUST USE THESE FUNDS RECEIVED; TO REQUIRE THE COMPTROLLER GENERAL FROM FUNDS APPROPRIATED IN THE ANNUAL GENERAL APPROPRIATIONS ACT FOR THE OPERATION OF HIS OFFICE TO CALCULATE DISTRIBUTIONS UNDER THIS FORMULA, TO PROVIDE THAT IF THE AMOUNT REIMBURSED TO A SCHOOL DISTRICT IS INSUFFICIENT TO REIMBURSE FULLY FOR THE BASE YEAR OPERATING MILLAGE, THE SCHOOL BOARD SHALL CALCULATE A SCHOOL OPERATING MILLAGE SUFFICIENT TO MAKE UP THE SHORTFALL; AND TO PROVIDE THAT NO DISTRICT SHALL RECEIVE LESS THAN IT RECEIVED DURING THE 1998-99 FISCAL YEAR.
A. Section 12-37-251(B) of the 1976 Code, as last amended by Act 155 of 1997, is further amended to read:
"(B)(1) School districts must be reimbursed from revenues credited to the Trust Fund for Tax Relief for a fiscal year, in the manner provided in Section 12-37-270, for the revenue lost as a result of the homestead exemption provided in this section. Ninety percent of the reimbursement must be paid in the last quarter of the calendar year on December first. From funds appropriated to the Office of the Comptroller General in the annual general appropriations act, the Comptroller shall make the calculations and distributions required pursuant to this subsection. If amounts received by a school district pursuant to this subsection are insufficient to reimburse fully for the base year operating millage, the local school board, within its authority, shall decide how to make up the shortfall, if necessary. Amounts received by a district in excess of the amount necessary to reimburse the district for the base year operating millage must first be used to reduce any operating millage imposed since the 1995 base year, must next be used for school debt service purposes, and any funds remaining may then be retained by the district.
(2) School districts must be reimbursed on a per capita basis, but a district may not receive as a reimbursement for a fiscal year an amount less than the actual reimbursement amount it received in fiscal year 1998-99. If amounts credited to the Trust Fund for Tax Relief for a fiscal year pursuant to item (1) of this subsection are insufficient to pay the full amount of the reimbursements provided by this item, then all amounts credited to the trust fund for a fiscal year for this reimbursement in excess of the amount of the reimbursements paid pursuant to this section in fiscal year 1998-99 must be allocated only to those districts receiving less than the full per capita reimbursement, and this allocation must be on a per capita basis among only those counties receiving some part of this allocation."
B. This section applies for property tax years beginning after 1998.
TO AMEND SECTION 9-1-1515 OF THE 1976 CODE, RELATING TO EARLY RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEMS, SO AS TO ELIMINATE THE SPECIAL BENEFIT REDUCTION FACTOR APPLIED TO THE BENEFITS PAID AN EARLY RETIREE WHEN THE MEMBER, BEFORE RETIRING, MAKES A LUMP SUM PAYMENT TO THE SYSTEM IN AN AMOUNT EQUAL TO TWENTY PERCENT OF THE MEMBER'S EARNABLE COMPENSATION FOR EACH YEAR OF CREDITABLE SERVICE LESS THAN THIRTY OR THE AVERAGE OF THE MEMBER'S TWELVE HIGHEST CONSECUTIVE FISCAL QUARTERS OF COMPENSATION AT THE TIME OF PAYMENT, WHICHEVER IS LARGER, AND TO REQUIRE THE MEMBER TO RETIRE NOT MORE THAN NINETY DAYS AFTER THE PAYMENT.
A. Section 9-1-1515(B) of the 1976 Code, as added by Act 559 of 1990, is amended to read:
"(B) The benefits for a member electing early retirement under this section must be calculated in the manner provided in Section 9-1-1550, except that in lieu of any other reduction factor, the member's early retirement allowance is reduced by four percent a year, prorated for periods less than one year, for each year of creditable service less than thirty. However, a member's early retirement allowance is not reduced if the member pays into the system, in a lump sum payment before the member's retirement, an amount equal to twenty percent of the member's earnable compensation or the average of the member's twelve highest consecutive fiscal quarters of compensation at the time of payment, whichever is greater, prorated for periods less than one year for each year of creditable service less than thirty. The member's retirement must occur not more than ninety days after the date of the payment."
B. This section takes effect July 1, 1999, and applies with respect to members of the South Carolina Retirement Systems electing early retirement pursuant to Section 9-1-1515 of the 1976 Code on and after that date.
TO AMEND CHAPTER 4, TITLE 30 OF THE 1976 CODE, RELATING TO THE FREEDOM OF INFORMATION ACT, BY ADDING SECTION 30-4-160 SO AS TO PROHIBIT THE SALE OR OTHER RELEASE OF SOCIAL SECURITY NUMBERS AND DRIVER'S LICENSE OR IDENTIFICATION CARD PHOTOGRAPHS OR SIGNATURES BY THE DEPARTMENT OF PUBLIC SAFETY.
A. Chapter 4, Title 30 of the 1976 Code is amended by adding:
"Section 30-4-160. (A) This chapter does not allow the Department of Public Safety to sell, provide, or otherwise furnish to a private party Social Security numbers in its records, copies of photographs, or signatures, whether digitized or not, taken for the purpose of a driver's license or personal identification card.
(B) Photographs, signatures, and digitized images from a driver's license or personal identification card are not public records."
B. This section takes effect July 1, 1999.
TO AMEND THE 1976 CODE BY ADDING SECTION 56-3-545 SO AS TO PROHIBIT THE DEPARTMENT OF PUBLIC SAFETY FROM SELLING OR OTHERWISE FURNISHING SOCIAL SECURITY NUMBERS, PHOTOGRAPHS, OR SIGNATURES FROM ITS RECORDS TO A PRIVATE PARTY.
A. The 1976 Code is amended by adding:
"Section 56-3-545. The Department of Public Safety may not sell, provide, or otherwise furnish to a private party Social Security numbers, copies of photographs, or signatures, whether digitized or not, taken for the purpose of a driver's license or personal identification card. A Social Security number, photograph, signature, or digitized image from a driver's license or personal identification card is not a public record."
B. This section takes effect July 1, 1999.
TO AMEND THE 1976 CODE BY ADDING SECTION 23-1-225 SO AS TO PROVIDE THAT UPON RETIREMENT, STATE LAW ENFORCEMENT OFFICERS MAY RETAIN THEIR COMMISSIONS IN RETIRED STATUS WITH THE RIGHT TO RETAIN THEIR SERVICE WEAPONS ISSUED WHILE SERVING IN ACTIVE DUTY STATUS.
A. The 1976 Code is amended by adding:
"Section 23-1-225. Upon retirement, state law enforcement officers may retain their commissions in retired status with all rights and privileges, including the right to retain their service weapons issued while serving in active duty status."
B. Of the funds appropriated to state law enforcement agencies in the 1999-2000 General Appropriations Act, funds must be expended by the agencies to replace any weapons that remain with retiring law enforcement officers pursuant to Section 23-1-225 of the 1976 Code, as added by subsection A of this section.
C. This section takes effect July 1, 1999.
TO AMEND SECTION 22-3-10, AS AMENDED, OF THE 1976 CODE, RELATING TO CIVIL JURISDICTION IN MAGISTRATES' COURTS, SO AS TO RAISE THE JURISDICTIONAL AMOUNT FROM FIVE THOUSAND DOLLARS TO SEVEN THOUSAND FIVE HUNDRED DOLLARS.
A. Section 22-3-10 of the 1976 Code, as last amended by Act 48 of 1997, is further amended to read:
"Section 22-3-10. Magistrates have concurrent civil jurisdiction in the following cases:
(1) in actions arising on contracts for the recovery of money only, if the sum claimed does not exceed seven thousand five hundred dollars;
(2) in actions for damages for injury to rights pertaining to the person or personal or real property, if the damages claimed do not exceed seven thousand five hundred dollars;
(3) in actions for a penalty, fine, or forfeiture, when the amount claimed or forfeited does not exceed seven thousand five hundred dollars;
(4) in actions commenced by attachment of property, as provided by statute, if the debt or damages claimed do not exceed seven thousand five hundred dollars;
(5) in actions upon a bond conditioned for the payment of money, not exceeding seven thousand five hundred dollars, though the penalty exceeds that sum, the judgment to be given for the sum actually due, and when the payments are to be made by installments an action may be brought for each installment as it becomes due;
(6) in any action upon a surety bond taken by them, when the penalty or amount claimed does not exceed seven thousand five hundred dollars;
(7) in any action upon a judgment rendered in a court of a magistrate or an inferior court when it is not prohibited by the South Carolina Rules of Civil Procedure;
(8) to take and enter judgment on the confession of a defendant in the manner prescribed by law when the amount confessed does not exceed seven thousand five hundred dollars;
(9) in any action for damages or for fraud in the sale, purchase, or exchange of personal property, if the damages claimed do not exceed seven thousand five hundred dollars;
(10) in all matters between landlord and tenant and the possession of land as provided in Chapters 33 through 41 of Title 27;
(11) in any action to recover the possession of personal property claimed, the value of which, as stated in the affidavit of the plaintiff, his agent, or attorney, does not exceed the sum of seven thousand five hundred dollars; and
(12) in all actions provided for in this section when a filed counterclaim involves a sum not to exceed seven thousand five hundred dollars, except that this limitation does not apply to counterclaims filed in matters between landlord and tenant and the possession of land."
B. This section takes effect July 1, 1999.
*Text printed in italic, boldface mark sections vetoed by the Governor June 30, 1999.
TO AMEND SECTION 12-6-2320, AS AMENDED, OF THE 1976 CODE, RELATING TO ALLOCATION AND APPORTIONMENT OF A TAXPAYER'S INCOME AND THE DEPARTMENT OF REVENUE ENTERING INTO AGREEMENTS WITH TAXPAYERS ESTABLISHING SUCH ALLOCATION AND APPORTIONMENT, SO AS TO FURTHER PROVIDE FOR THE CONDITIONS FOR THE AGREEMENTS AND TO ALLOW AGREEMENTS UP TO TEN YEARS IN DURATION UNDER CERTAIN CONDITIONS.
A. Section 12-6-2320(B) of the 1976 Code, as last amended by Act 462 of 1996, is amended by adding:
"(3) Notwithstanding the provisions of item (1), the department may enter into an agreement with the taxpayer establishing the allocation and apportionment of the taxpayer's income for a period not to exceed ten years if the following conditions are met:
(a) the taxpayer is planning a new facility in this State or an expansion of an existing facility and the new or expanded facility results in a total investment of at least ten million dollars and the creation of at least two hundred new full-time jobs, with an average cash compensation level for the new jobs of more than three times the per capita income of this State at the time the jobs are filled which must be within five years of the Advisory Coordinating Council for Economic Development's certification. Per capita income for the State shall be determined by using the most recent data available from the Board of Economic Advisors;
(b) the taxpayer asks the department to enter into a contract under this subsection reciting an allocation and apportionment method; and
(c) after reviewing the taxpayer's proposal and planned new facility or expansion, the Advisory Coordinating Council for Economic Development certifies that the new facility or expansion will have a significant beneficial economic effect on the region for which it is planned and that its benefits to the public exceed its costs to the public. It is within the Advisory Coordinating Council for Economic Development's sole discretion to determine whether a new facility or expansion has a significant economic effect on the region for which it is planned."
B. This section applies to contracts entered into with the Department of Revenue on or after January 1, 1999.
TO AMEND SECTION 12-37-220, AS AMENDED, OF THE 1976 CODE, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO CORRECT A CODE REFERENCE, TO RELOCATE LANGUAGE STIPULATING THAT LIBRARY, CHURCH, AND CHARITABLE PROPERTY TAX EXEMPTIONS DO NOT EXTEND BEYOND THE PROPERTY ACTUALLY OCCUPIED BY THE OWNERS, TO PROVIDE FOR THE PAYMENT OF ACCRUED PROPERTY TAXES ON REAL PROPERTY TRANSFERRED TO A CHURCH IF THAT PROPERTY IS EXEMPT WHEN OWNED BY THE CHURCH, TO PROVIDE FOR THE PROPERTY'S EXEMPTION IMMEDIATELY UPON TRANSFER TO THE CHURCH, TO PROVIDE FOR THE CESSATION OF TRANSFEROR LIABILITY FOR THE TAX WHEN THE TRANSFER OCCURS, TO PROVIDE THE METHOD OF DETERMINING MILLAGE AND THE DUE DATE FOR THE ACCRUED TAXES, TO PROVIDE A LIEN FOR THE COLLECTION OF THE ACCRUED TAX, AND TO MAKE THESE PROVISIONS PERTAINING TO THE TAXATION OF PROPERTY TRANSFERRED TO A CHURCH RETROACTIVE TO PROPERTY TAX YEARS BEGINNING AFTER 1997.
A. Items (3) and (4) of Section 12-37-220(A) of the 1976 Code are amended to read:
"(3) all property of all public libraries, churches, parsonages, and burying grounds, but this exemption for real property does not extend beyond the buildings and premises actually occupied by the owners of the real property;
(4) all property of all charitable trusts and foundations used exclusively for charitable and public purposes, but this exemption for real property does not extend beyond the buildings and premises actually occupied by the owners of the real property;"
B. Section 12-37-220(A) of the 1976 Code is amended by deleting the last sentence, which reads:
"The exemptions provided in items (3) and (4) for real property shall not extend beyond the buildings and premises actually occupied by the owners of such real property."
C. That portion of Section 12-37-220(B) of the 1976 Code which precedes item (1) is amended to read:
"In addition to the exemptions provided in subsection (A), the following classes of property are exempt from ad valorem taxation subject to the provisions of Section 12-4-720:"
D. Section 12-37-220 of the 1976 Code is amended by adding an appropriately lettered subsection at the end to read:
"( ) If a church acquires ownership of real property which will be exempt under this section when owned by the church, the transferor's liability for property taxes on the property ceases on the church acquiring the property, and any exemptions provided in this section then apply, subject to the requirements of Section 12-4-720. The property taxes accruing up to the date of the acquisition by the church, if any, must be paid to the county where the property is located within thirty days of the acquisition date. If the millage has not yet been set for the year when the acquisition occurs, the county auditor shall apply the previous year's millage in determining any taxes owed. If the millage has been determined, the auditor shall apply the current year's millage in determining any taxes owed. All taxes, assessments, penalties, and interest on the property acquired by a church are a first lien on the property taxed, the lien attaching December thirty-first of the year immediately preceding the calendar year during which the tax is levied."
E. The provisions of subsection D of this section apply to property tax years beginning after 1997.
TO AMEND SECTION 10-1-179 OF THE 1976 CODE, RELATING TO THE AFRICAN-AMERICAN HISTORY MONUMENT COMMISSION, SO AS TO EXTEND THE DURATION OF THE COMMISSION AND ITS FINAL ACTIVITIES UNTIL JANUARY 1, 2001.
A. Subsections (B) and (C) of Section 10-1-179 of the 1976 Code, as added by Act 457 of 1996, are amended to read:
"(B) The commission also shall study the feasibility of establishing an African-American History Museum analogous to the Confederate Relic Room and make recommendations with respect to its findings on this subject to the State House Committee. This new museum shall collect and display historical artifacts and other items reflecting African-American history in this State. A preliminary report on this study must be made to the State House Committee no later than April 1, 1997, and a final report and recommendation on this study must be made by January 1, 2001.
(C) The commission established pursuant to this act is dissolved on January 1, 2001. However, the commission must be dissolved earlier if both the monument is dedicated and the final report is made before January 1, 2001, in which case the commission must be dissolved on the date of the later occurring event of the dedication of the monument or the receipt of the final report. If the African-American History Monument has not been dedicated by January 1, 2001, the powers, duties, and responsibilities of the African-American History Monument Commission shall be devolved upon the State House Committee."
B. This section takes effect July 1, 1999.
TO AMEND THE 1976 CODE BY ADDING SECTION 56-3-2675 SO AS TO DEFINE "MOTOR VEHICLE MANUFACTURER" AND TO PROVIDE THAT A MOTOR VEHICLE MANUFACTURER MAY OBTAIN AND ISSUE TEMPORARY LICENSE PLATES IN THE SAME MANNER AS A MOTOR VEHICLE DEALER; TO AMEND SECTION 56-3-2600, AS AMENDED, RELATING TO THE ISSUANCE OF AND FEE FOR A SET OF TEMPORARY LICENSE PLATES AND REGISTRATION CARDS, SO AS TO REVISE THE FEE; AND TO AMEND SECTION 56-3-2660, RELATING TO THE PERIOD OF TIME THAT TEMPORARY LICENSE PLATES AND REGISTRATION CERTIFICATES ARE VALID, SO AS TO PROVIDE THAT THE PERIOD OF VALIDITY IS THIRTY DAYS FOR VEHICLES WHICH ARE TO BE PERMANENTLY LICENSED IN A FOREIGN JURISDICTION.
A. The 1976 Code is amended by adding:
"Section 56-3-2675. (A) As used in this section, 'Motor Vehicle Manufacturer' means a person in the business of manufacturing or assembling new and unused vehicles in this State.
(B) A motor vehicle manufacturer may obtain and issue temporary license plates in the same manner and subject to the same requirements as a motor vehicle dealer."
B. Section 56-3-2600 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-3-2600. The department upon request and subject to the limitations and conditions hereinafter set forth shall provide temporary license plates and registration cards designed by the department to nonresidents of South Carolina and to licensed motor vehicle dealers who apply for such plates and cards. The fee for each set of license plates and registration cards shall be twenty dollars. Application therefor shall be made to the department on forms prescribed and furnished by the department. Dealers, subject to the limitations and conditions hereinafter set forth, may issue such temporary license plates to owners of vehicles which are to be permanently licensed in a state other than South Carolina."
C. Section 56-3-2660 of the 1976 Code is amended to read:
"Section 56-3-2660. The temporary license plate and registration certificate are valid for twenty days from the date of issuance. However, temporary license plates and registration certificates for vehicles which will be permanently licensed in a foreign jurisdiction are valid for thirty days from the date of issuance."
D. This section takes effect July 1, 1999.
TO AMEND SECTION 44-56-170, AS AMENDED, OF THE 1976 CODE, RELATING TO THE HAZARDOUS WASTE CONTINGENCY FUND AND THE IMPOSITION OF CERTAIN HAZARDOUS WASTE FEES, SO AS TO REVISE THE MANNER IN WHICH THE FUNDS GENERATED FROM THIS FEE ARE USED, TO DEFINE THE PHRASE "ECONOMICALLY DEPRESSED AREA OF THAT COUNTY", AND TO REPEAL CERTAIN HAZARDOUS WASTE FEES EFFECTIVE JULY 1, 2002, UNLESS REENACTED BY SUBSEQUENT ACT OF THE GENERAL ASSEMBLY.
A. Section 44-56-170(F) of the 1976 Code is amended to read:
"(F) There is imposed a fee of ten dollars a ton on the incineration of hazardous waste in this State whether the waste was generated within or outside of this State. Fees imposed by this subsection must be collected by the facility at which it is incinerated and remitted to the State Treasurer to be placed into a fund separate and distinct from the state general fund entitled 'Hazardous Waste Fund County Account'. This fee must be credited to the benefit of the county where the incineration of the hazardous waste generating the fee occurred. If the amount of funds credited to a particular county exceeds five hundred thousand dollars annually, the excess over five hundred thousand dollars must be credited to the general fund of the State. Funds in each county's account must be released by the State Treasurer upon the written request of a majority of the county's legislative delegation and used for infrastructure within the economically depressed area of that county. For purposes of this subsection, 'incineration' includes hazardous waste incinerators, boilers, and industrial furnaces. For the purpose of this subsection 'infrastructure' means improvements for water, sewer, gas, steam, electric energy, and communication services made to a building or land which are considered necessary, suitable, or useful to an eligible project. These improvements include, but are not limited to:
(1) improvements to both public water and sewer systems;
(2) improvements to public electric, natural gas, and telecommunication systems; and
(3) fixed transportation facilities including highway, road, rail, water, and air."
B. For purposes of Section 44-56-170(F), the phrase "economically depressed area of that county" means:
(1) within Orangeburg County, the entire area of the county;
(2) within Dorchester County, the area comprising School District 4; and
(3) for any other county, an area designated by the county governing body.
C. Subsection (F) of Section 44-56-170 is repealed effective July 1, 2002, unless reenacted by the General Assembly in a subsequent act.
D. This section takes effect July 1, 1999.
TO AMEND SECTION 50-21-160, AS AMENDED, OF THE 1976 CODE, RELATING TO DISPOSITION OF FEES AND FINES COLLECTED IN CONNECTION WITH REGISTRATION OF BOATS, SO AS TO PROVIDE THAT REVENUES ATTRIBUTABLE TO FEE INCREASES BEGINNING JULY 1, 1999, MUST BE USED BY THE DEPARTMENT OF NATURAL RESOURCES FOR LAW ENFORCEMENT; TO AMEND SECTIONS 50-21-340, 50-21-370, AND 50-21-380, ALL AS AMENDED AND ALL RELATING TO REGISTRATION FEES FOR BOATS, SO AS TO INCREASE THE REGISTRATION AND RENEWAL OF REGISTRATION FEES FROM TEN DOLLARS TO THIRTY DOLLARS AND THE TRANSFER OF REGISTRATION FEE FROM THREE TO SIX DOLLARS; TO AMEND SECTION 50-23-70, AS AMENDED, RELATING TO A CERTIFICATE OF TITLE FOR A BOAT, SO AS TO INCREASE THE APPLICATION FEE FROM THREE DOLLARS TO TEN DOLLARS AND THE FEE FOR A TITLE DUPLICATE FROM ONE DOLLAR TO FIVE DOLLARS; TO AMEND SECTION 50-23-220, AS AMENDED, RELATING TO THE DISPOSITION OF FEES COLLECTED IN CONNECTION WITH THE TITLING OF BOATS, SO AS TO PROVIDE THAT REVENUES ATTRIBUTABLE TO FEE INCREASES BEGINNING JULY 1, 1999, MUST BE USED BY THE DEPARTMENT FOR ITS LAW ENFORCEMENT RESPONSIBILITIES AND TO MAKE TECHNICAL CORRECTIONS; TO AMEND SECTION 50-21-10, AS AMENDED, RELATING TO DEFINITIONS IN CONNECTION WITH THE EQUIPMENT AND OPERATION OF WATERCRAFT, SO AS TO DEFINE 'DEALER PERMIT' AND 'DEMONSTRATION NUMBERS'; AND BY ADDING SECTION 50-21-35 SO AS TO PROVIDE FOR REGULATION OF THE USE OF DEALER DEMONSTRATION NUMBERS.
A. Section 50-21-160 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-21-160. (A) Except as provided in subsection (B), all fees or fines collected pursuant to this chapter must be held and utilized for the purpose of paying the expenses of the Natural Resources Enforcement Division of the department and other department operations. Twenty-five percent of all fines must be retained by the county in which the fine is levied.
(B) To the extent fees collected pursuant to Sections 50-21-340, 50-21-370, and 50-21-380, in connection with registration of boats, are attributable to fee increases beginning July 1, 1999, revenues from those fee increases must be used by the department for its law enforcement responsibilities. Any surplus may be carried forward for that use."
B. Section 50-21-340 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-21-340. The owner of each motorboat requiring numbering by this chapter shall file an application for a number with the department on forms approved by it. The application shall be signed by the owner of the motorboat and shall be accompanied by a fee of thirty dollars. Upon receipt of the application in approved form, the department shall enter the same upon the records of its office and issue to the applicant a certificate of number stating the number awarded to the motorboat and the name and address of the owner. The certificate of number shall be pocket size."
C. Section 50-21-370(D) of the 1976 Code, as last amended by Act 128 of 1993, is further amended to read:
"(D) The department may issue a certificate of number to a person engaged primarily in the business of repairing watercraft or outboard motors. The certificate of number must be issued upon payment of a thirty-dollar fee and expires December thirty-first each year."
D. Section 50-21-380(A) of the 1976 Code, as last amended by Act 128 of 1993, is further amended to read:
"(A) Upon the transfer of ownership of a watercraft, the purchaser shall file an application for transfer of a registration card at a cost of six dollars. The application for transfer must be made by the purchaser within thirty days from date of purchase. The purchaser may operate the watercraft for not more than sixty days on a temporary certificate of number."
E. Section 50-23-70(A) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(A) A fee of ten dollars shall accompany each application for a certificate of title, as required by the provisions of this chapter, with the exception of those applications for duplicates of certificates of title which must be accompanied by a fee of five dollars. Any watercraft which is propelled by land with oar, paddle, or similar device shall not require a certificate of title unless the owner requests such a certificate."
F. Section 50-23-220 of the 1976 code, as last amended by Act 181 of 1993 is further amended to read:
"Section 50-23-220. (A) Except as provided in subsection (B), all fees received and money collected under the provisions of this chapter must be deposited in the State Treasury and set apart in a special fund. Appropriations from this fund must be used for the expenses of the department in administering the provisions of this chapter or for any purpose related to the mission of the department.
(B) To the extent fees collected pursuant to Section 50-23-70, in connection with titling a boat, are attributable to fee increases beginning July 1, 1999, revenues from those increases must be used by the department for its law enforcement responsibilities. Any surplus may be carried forward for that use."
G. Section 50-21-10 of the 1976 Code is amended by adding an appropriately numbered item to read:
"( ) 'Dealer permit' means a permit issued by the department to a marine business extending the privilege of using a temporary marine dealer certificate of numbers on boats or motors for a legal purpose. A dealer permit is valid only for the calendar year and it must be displayed prominently to the public. Applications for renewals must be received by December fifteenth each year. 'Demonstration numbers' means a temporary certificate of numbers issued to a permitted marine dealer or to a manufacturer for the purpose of demonstrating new and used boats or for any other legal purposes by a permitted marine dealer employee. The demonstration numbers must not be permanently attached to the vessel. The demonstration numbers must be attached to removal plates or placards for temporary display during any legal use. Demonstration numbers must be used only on boats, motors, or watercraft owned by the permitted dealer, or on customer boats, motors, or watercraft when servicing or testing. Permitted dealers or manufacturers are limited to nine sets of dealer numbers. Temporary certificate of numbers is a temporary registration assigned to a vessel to allow permitted marine dealers to operate a vessel for any legal use permitted."
H. Section 50-21-10 of the 1976 Code is amended by adding an appropriately numbered item to read:
"(_) 'Demonstration numbers' means a temporary certificate of numbers issued to a permitted marine dealer or manufacturer for the purpose of operating dealer owned watercraft, or used on watercraft that are placed with the dealer for repair. The demonstration numbers must not be permanently attached to the vessel. The dealer numbers must be on board the watercraft at all times during operating to identify that the dealer truly is licensed and operating legally. The dealer numbers may be used for any legal purpose. Each dealer will be allowed to purchase nine demonstration numbers."
I. Chapter 21, Title 50 of the 1976 Code is amended by adding:
"Section 50-21-35. (A) The use of dealer demonstration numbers must be limited to the watercraft that are:
(1) owned by the dealership;
(2) assigned to the dealership, including customer watercraft in for service;
(3) used for prospective buyer for test ride purposes;
(4) being operated on South Carolina waters by persons employed by the dealership or persons associated personally with the dealership such as a corporate officer;
(5) being operated by prospective watercraft buyers while in test operation. If a customer operates a boat or watercraft during an extended demonstration, the dealer must execute a form designating the buyer to use such watercraft. Prospective buyers are limited to operating with dealer numbers for a period of seventy-two hours;
(B) Employees, owners, and agents who operate or may operate dealer owned watercraft using dealer demonstration numbers must be listed on the dealer application form. This list must include the name, address, and social security number. The names may be updated during the current licensing year as employees are added or leave and must be updated within a thirty-day period.
(C) A dealer who is convicted of misusing dealer demonstration numbers must be punished as follows:
(1) for a first offense, a one hundred dollar fine;
(2) for a second offense, a two hundred dollar fine;
(3) for a third offense, a three hundred dollar fine;
(4) for a fourth and subsequent offense, a three hundred dollar fine and the department may suspend the dealer's license."
J. This section takes effect July 1, 1999.
TO REPEAL SECTION 51-1-75 OF THE 1976 CODE RELATING TO THE ALLOCATION OF A PORTION OF THE ADMISSIONS TAX TO THE DEPARTMENT.
A. Section 51-1-75 of the 1976 Code is repealed.
B. This section takes effect July 1, 1999.
TO AMEND SECTION 12-37-2830, AS AMENDED, OF THE 1976 CODE, RELATING TO DETERMINATION OF VALUE OF A MOTOR CARRIER'S VEHICLES FOR PROPERTY TAX PURPOSES, SO AS TO DELETE THE WORD "ENTIRE" IN DESCRIBING THE CARRIER'S FLEET.
A. Section 12-37-2830 of the 1976 Code, as last amended by Act 442 of 1998, is further amended to read:
"Section 12-37-2830. The value of a motor carrier's vehicles subject to property taxes in this State must be determined based on the ratio of total mileage operated within this State during the preceding calendar year to the total mileage of its fleet operated within and without this State during the same preceding calendar year."
B. This section is effective for calendar years after December 31, 1998.
TO AMEND SECTION 58-15-2110 OF THE 1976 CODE, RELATING TO THE CONSTRUCTION AND MAINTENANCE OF GRADE CROSSINGS BY RAILROADS, SO AS TO PROVIDE FOR RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH CONSTRUCTION, MODIFICATION, OR RELOCATION OF RAIL-HIGHWAY GRADE CROSSINGS WHEN SUCH RELOCATION PROJECTS ARE INITIATED BY RAILROADS, AND WHEN SUCH RELOCATION PROJECTS ARE INITIATED BY A PUBLIC AUTHORITY; AND TO AMEND SECTION 58-15-2120, AS AMENDED, RELATING TO THE DEPARTMENT OF TRANSPORTATION MAKING SPECIFICATIONS AND ENTERING INTO AGREEMENTS CONCERNING GRADE CROSSINGS OF STATE HIGHWAYS, SO AS TO ELIMINATE THE REQUIREMENT THAT THE OPERATOR OR A RAILROAD CONSTRUCTING AND MAINTAINING RAILROAD CROSSINGS TO MEET SPECIFICATIONS OF THE DEPARTMENT OF TRANSPORTATION DO SO AT ITS OWN EXPENSE.
A. Section 58-15-2110 of the 1976 Code is amended to read:
"Section 58-15-2110. (A) Whenever the public safety, convenience, or necessity so requires, all operators of railroads which are now or hereafter shall be crossed at grade by a public highway shall construct and maintain grade crossings meeting the requirements of the authorities responsible for such highways. This shall apply to crossings necessary for new highways, as well as to crossings needed to replace existing crossings rendered obsolete or unnecessary by the relocation or improvement of existing highways or roads.
(B) The involved railroad shall be responsible for all costs associated with construction, modification, or relocation of rail-highway grade crossings when such construction, modification, or relocation results from projects initiated by the railroad. Such railroad-initiated projects shall include, but are not limited to, constructing a new line, adding an additional track to an existing line, and relocating an existing rail line.
(C) The public authority responsible for a highway crossing a railroad track or tracks shall reimburse the involved railroad for all costs that railroad incurs by virtue of construction, modification, or relocation of rail-highway grade crossings when such construction, modification, or relocation results from projects initiated by the public authority. A public authority is limited to the State Department of Transportation, which is required to reimburse the railroad for Department of Transportation authorized projects from within the funds appropriated to the Department of Transportation by the General Assembly. Such public authority-initiated projects are limited to constructing a new highway, widening an existing highway, and relocating an existing highway."
B. Section 58-15-2120 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 58-15-2120. In case of grade crossings of state highways over such railroads, the Department of Transportation, after due notice to the railroad, corporation, or operator, and hearing the railroad or operator involved, if application is made for such a hearing within ten days after receipt of the notice and after finding that the public safety, convenience, or necessity require it, shall have the power to specify the character of the grade crossings, and the operator of the railroad shall construct and maintain the crossings to meet the specifications of the Department of Transportation; provided, however, that the power to specify the character of grade crossings granted in this section shall not extend beyond five feet on either side of the center line of the track; provided, further, that the Department of Transportation shall have the power, in matters relating to such grade crossings, now pending or hereafter arising, to enter into such agreements with operators of railroads pertaining to the construction thereof as in its judgment may be to the best interest of the State, and to agree to pave the area across the tracks after the area is otherwise prepared for paving by the operator of the railroad. The Department of Transportation, with the advice and consent of the Attorney General, may waive any and all claims for penalties now existing, upon entry into such agreements."
TO AMEND THE 1976 CODE BY ADDING SECTION 12-37-223 SO AS TO AUTHORIZE A COUNTY GOVERNING BODY BY ORDINANCE TO LIMIT THE INCREASE IN REAL PROPERTY VALUE TO FIFTEEN PERCENT AS THE RESULT OF A COUNTYWIDE REASSESSMENT AND EQUALIZATION PROGRAM AND TO SPECIFY THE APPLICATION OF THIS PROVISION, PROVIDE CERTAIN EXCEPTIONS AND AUTHORIZE THE COUNTY GOVERNING BODY TO MAKE THE ORDINANCE APPLY RETROACTIVELY; AND TO AMEND SECTION 12-43-217, RELATING TO THE SCHEDULE OF APPRAISAL AND EQUALIZATION OF THE VALUE OF REAL PROPERTY AND THE IMPLEMENTATION OF THE REVISED VALUES RESULTING FROM THE EQUALIZATION PROGRAM FOR PURPOSES OF PROPERTY TAX, SO AS TO ALLOW A COUNTY BY ORDINANCE TO POSTPONE IMPLEMENTATION FOR NOT MORE THAN ONE PROPERTY TAX YEAR AND TO PROVIDE THAT THIS POSTPONEMENT DOES NOT ALTER THE SCHEDULE OF APPRAISAL AND EQUALIZATION.
A. Chapter 37, Title 12 of the 1976 Code is amended by adding:
"Section 12-37-223. As authorized by Section 3, Article X of the South Carolina Constitution, the General Assembly hereby authorizes the governing body of a county by ordinance to exempt an amount of fair market value of real property located in the county sufficient to limit to fifteen percent any valuation increase attributable to the implementation in the county of a countywide appraisal and equalization program. An exemption allowed by this section does not apply to:
(1) real property valued for property tax purposes by the unit valuation method;
(2) value attributable to permanent improvements not included in the value of the property in the most recently implemented countywide appraisal and equalization program;
(3) property transferred after the implementation of the most recent countywide equalization program, except property transfers between spouses or transfers that are not subject to income tax as defined by the Internal Revenue Code and incorporated by reference or otherwise enacted by the General Assembly.
Assessed value exempted from ad valorem taxation by an ordinance enacted pursuant to this section is nevertheless considered taxable property for purposes of any formula using assessed value of property to determine state aid to school districts for public education and computing the bonded indebtedness limit for a political subdivision or school district.
The ordinance allowed by this section may be given retroactive effect, but no refund of property tax shall result from the retroactive effect of the ordinance."
B. Section 12-43-217 of the 1976 Code, as last amended by Act 431 of 1996, is further amended to read:
"Section 12-43-217. (A) Notwithstanding any other provision of law, once every fifth year each county or the State shall appraise and equalize those properties under its jurisdiction. Property valuation must be complete at the end of December of the fourth year and the county or State shall notify every taxpayer of any change in value or classification if the change is one thousand dollars or more. In the fifth year, the county or State shall implement the program and assess all property on the newly appraised values.
(B) A county by ordinance may postpone for not more than one property tax year the implementation of revised values resulting from the equalization program provided pursuant to subsection (A). The postponement ordinance applies to all revised values, including values for state-appraised property. The postponement allowed pursuant to this subsection does not affect the schedule of the appraisal and equalization program required pursuant to subsection (A) of this section."
C. The Department of Revenue shall expend such funds as necessary from those appropriated to publish such information as necessary to educate citizens and local officials on the implementation of this section.
D. This section takes effect July 1, 1999.
*Text printed in italic, boldface mark sections vetoed by the Governor June 30, 1999.
TO AMEND THE 1976 CODE BY ADDING SECTION 15-1-330 SO AS TO PROVIDE THAT A GOVERNMENTAL ENTITY IS NOT LIABLE FOR A LOSS ARISING FROM THE FAILURE OF A COMPUTER, SOFTWARE PROGRAM, DATABASE, NETWORK, INFORMATION SYSTEM, FIRMWARE, OR ANY OTHER DEVICE, WHETHER OPERATED BY OR ON BEHALF OF THE GOVERNMENTAL ENTITY, TO INTERPRET, PRODUCE, CALCULATE, GENERATE, OR ACCOUNT FOR A DATE WHICH IS COMPATIBLE WITH THE "YEAR 2000" DATE CHANGE, AND TO PROVIDE THAT THIS IMMUNITY DOES NOT APPLY TO A GOVERNMENTAL ENTITY WHICH PROGRAMMED AND OPERATED THE DEVICE ITSELF IN A WILFUL, WANTON, RECKLESS, OR GROSSLY NEGLIGENT MANNER THEREBY CAUSING A YEAR 2000 COMPUTER FAILURE.
The 1976 Code is amended by adding:
"Section 15-1-330. A governmental entity is not liable for a loss arising from the failure of a computer, software program, database, network, information system, firmware, or any other device, whether operated by or on behalf of the governmental entity, to interpret, produce, calculate, generate, or account for a date which is compatible with the 'Year 2000' date change. However, this immunity does not apply to a governmental entity which programmed and operated the device itself in a wilful, wanton, reckless, or grossly negligent manner thereby causing a Year 2000 computer failure."
TO AMEND ACT 419 OF 1998, RELATING TO THE ADDITION OF SECTION 52-7-37 TO THE 1976 CODE WHICH PROHIBITED THE IMPOSITION OF TAXES AND FEES ON THE GROSS RECEIPTS OF CERTAIN COMPETITIVE SPORTS EXHIBITIONS OR PERFORMANCES, SO AS TO EXTEND THE REPEAL DATE FROM JULY 30, 1999, TO JULY 30, 2000.
Section 34B., Part II, Act 419 of 1998, is amended to read:
"B. This section is repealed July 30, 2000 unless otherwise extended by act or resolution of the General Assembly."
TO AMEND SECTION 1-30-25 OF THE 1976 CODE, RELATING TO ENTITIES ADMINISTERED BY THE DEPARTMENT OF COMMERCE, SO AS TO INCLUDE THE SOUTH CAROLINA FILM OFFICE; TO AMEND SECTION 1-30-80, RELATING TO ENTITIES ADMINISTERED AS A PART OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, SO AS TO DELETE THE FILM OFFICE OF THE STATE DEVELOPMENT BOARD; AND TO REPEAL ARTICLE 5, CHAPTER 1, TITLE 51 RELATING TO THE FILM OFFICE AS A DIVISION OF THE STATE DEPARTMENT OF PARKS, RECREATION AND TOURISM.
A. Section 1-30-25 of the 1976 Code, as added by Act 181 of 1993, is amended to read:
"Section 1-30-25. Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property, and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Commerce to be initially divided into divisions for Aeronautics, Advisory Coordinating Council for Economic Development, State Development, Public Railways, and Savannah Valley Development:
(A) South Carolina Aeronautics Commission, formerly provided for at Section 55-5-10, et seq.;
(B) Coordinating Council for Economic Development, formerly provided for at Section 41-45-30, et seq.;
(C) Savannah Valley Authority, formerly provided for at Section 13-9-10, et seq.;
(D) State Development Board, including the South Carolina Film Office, formerly provided for at Section 13-3-10, et seq.;
(E) South Carolina Public Railways Commission, formerly provided for at Section 58-19-10, et seq."
B. Section 1-30-80 of the 1976 Code, as added by Act 181 of 1993, is amended to read:
"Section 1-30-80. Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property, and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Parks, Recreation and Tourism to include a Parks, Recreation and Tourism Division and Film Division.
Department of Parks, Recreation and Tourism;, formerly provided for at Sections 51-1-10, 51-3-10, 51-7-10, 51-9-10 and 51-11-10, et seq."
C. Article 5, Chapter 1, Title 51 of the 1976 Code is repealed.
D. This section takes effect July 1, 1999.
TO AMEND SECTION 12-6-3385 OF THE 1976 CODE, RELATING TO ELIGIBILITY FOR THE TUITION TAX CREDIT, SO AS TO REVISE THE NUMBER OF CREDIT HOURS NECESSARY FOR THE TUITION TAX CREDIT FROM FIFTEEN CREDIT HOURS A SEMESTER TO THIRTY CREDIT HOURS A YEAR, AND TO PROVIDE THAT A STUDENT WHO HAS BEEN ADJUDICATED DELINQUENT OR HAS BEEN CONVICTED OR PLED GUILTY OR NOLO CONTENDERE TO AN ALCOHOL OR DRUG RELATED MISDEMEANOR OFFENSE IS INELIGIBLE ONLY FOR THE TAXABLE YEAR IN WHICH THE ADJUDICATION, CONVICTION, OR PLEA OCCURRED; AND TO AMEND SECTION 59-149-90, RELATING TO LIFE SCHOLARSHIP ELIGIBILITY, SO AS TO PROVIDE THAT A STUDENT WHO HAS BEEN ADJUDICATED DELINQUENT OR HAS BEEN CONVICTED OR PLED GUILTY OR NOLO CONTENDERE TO AN ALCOHOL OR DRUG RELATED MISDEMEANOR OFFENSE IS INELIGIBLE ONLY FOR ONE CALENDAR YEAR AFTER THE ADJUDICATION, CONVICTION, OR PLEA OCCURRED.
A. Section 12-6-3385(B)(3) of the 1976 Code, as added by Act 418 of 1998, is amended to read:
"(3) 'Student' means an individual enrolled in an institution of higher learning:
(a) eligible for in-state tuition and fees as determined pursuant to Chapter 112 of Title 59 and applicable regulations;
(b) who at the end of the taxable year for which the credit is claimed has completed at least thirty credit hours each year, or its equivalent, as determined by the Commission on Higher Education, and who is admitted, enrolled, and classified as a degree seeking undergraduate or enrolled in a certificate or diploma program of at least one year;
(c) who, within twelve months before enrolling:
(i) graduated from a high school in this State;
(ii) successfully completed a high school home school program in this State in the manner required by law; or
(iii) graduated from a preparatory high school outside this State while a dependent of a parent or guardian who is a legal resident of this State and has custody of the dependent;
(d) not in default on a Federal Title IV or State of South Carolina educational loan, nor who owes a refund on a Federal Title IV or a State of South Carolina student financial aid program;
(e) who has not been adjudicated delinquent or been convicted or pled guilty or nolo contendere to any felonies or any alcohol or drug related offenses under the laws of this State, any other state or comparable jurisdiction, or the United States; except that a student who has been adjudicated delinquent or has been convicted or pled guilty or nolo contendere to an alcohol or drug related misdemeanor offense is ineligible only for the taxable year in which the adjudication, conviction, or plea occurred;
(f) who is in good standing at the institution attended;
(g) who is not a Palmetto Fellowship recipient;
(h) who is not a LIFE Scholarship recipient."
B. Section 59-149-90(A) of the 1976 Code, as added by Act 418 of 1998, is amended to read:
"(A) Students must not have been adjudicated delinquent or been convicted or pled guilty or nolo contendere to any felonies or any alcohol or drug related offenses under the laws of this or any other state or under the laws of the United States in order to be eligible for a LIFE Scholarship, except that a student who has been adjudicated delinquent or has been convicted or pled guilty or nolo contendere to an alcohol or drug related misdemeanor offense is ineligible only for one calendar year after the adjudication, conviction, or plea occurred."
C. For tax year 1998, the department must recognize a tax credit for an individual paying the tuition for a student who, during the fall semester, completed a minimum of fifteen credit hours, or its equivalent, as determined by the Commission on Higher Education.
TO AMEND SECTION 59-18-1530 OF THE 1976 CODE, RELATING TO TEACHER AND PRINCIPAL SPECIALISTS AND THE SALARY SUPPLEMENTS RECEIVED BY THEM, SO AS TO DELETE LANGUAGE RELATING TO THE INCLUSION OF THE SUPPLEMENT IN THE COMPUTATION OF AVERAGE FINAL COMPENSATION FOR RETIREMENT PURPOSES.
Section 59-18-1530(F) of the 1976 Code, as added by Act 400 of 1998, is amended to read:
"(F) The supplements are to be considered part of the regular salary base for which retirement contributions are deductible by the South Carolina Retirement System pursuant to Section 9-1-1020. Principal and teacher specialists on site who are assigned to below average and unsatisfactory schools shall be allowed to return to employment with their previous district at the end of the contract period with the same teaching or administrative contract status as when they left but without assurance as to the school or supplemental position to which they may be assigned."
TO AMEND SECTION 8-11-40, AS AMENDED, OF THE 1976 CODE, RELATING TO STATE EMPLOYEE SICK LEAVE, SO AS TO EXPAND THE DEFINITION OF "IMMEDIATE FAMILY" TO INCLUDE THE BROTHER, SISTER, OR GRANDPARENT OF AN EMPLOYEE OR AN EMPLOYEE'S SPOUSE.
A. Section 8-11-40 of the 1976 Code, as last amended by Acts 53 and 171 of 1991, is further amended to read:
"Section 8-11-40. All permanent full-time state employees are entitled to fifteen days sick leave a year with pay. Sick leave is earned by permanent full-time state employees at the rate of one and one-fourth days a month and may be accumulated, but no more than one hundred eighty days may be carried over from one calendar year to another. The department or agency head is authorized to grant additional sick leave in extenuating circumstances upon approval of the State Budget and Control Board. All permanent part-time and hourly employees are entitled to sick leave prorated on the basis of fifteen days a year subject to the same carry-over specified herein. In the event an employee transfers from one state agency to another, his sick leave balance also is transferred. The State Budget and Control Board, through the Division of Personnel, may promulgate those regulations in accordance with law as may be necessary to administer the provisions of this section, including the power to define the use of sick leave.
Permanent full-time state employees who are temporarily disabled as a result of an assault by an inmate, patient, or client must be placed on administrative leave with pay by their employer rather than sick leave. The period of administrative leave per incident may not exceed one hundred eighty calendar days.
Employees earning sick leave as provided in this section may use not more than eight days of sick leave annually to care for ill members of their immediate families. For purposes of this section, the employee's 'immediate family' means the employee's spouse and children and the following relations to the employee or the spouse of the employee: mother, father, brother, sister, grandparent, or legal guardian and grandchildren if the grandchild resides with the employee and the employee is the primary caretaker of the grandchild."
B. This section takes effect July 1, 1999.
TO AMEND SECTION 59-123-60 OF THE 1976 CODE, RELATING TO THE ORGANIZATION AND POWERS OF THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SO AS TO AUTHORIZE THE BOARD TO MAKE CONTRACTS AND TO PURCHASE, SELL, OR LEASE REAL AND PERSONAL PROPERTY FOR ITS AUTHORIZED PURPOSES UNDER CERTAIN CONDITIONS.
Section 59-123-60 of the 1976 Code is amended to read:
"Section 59-123-60. The board of trustees shall elect one of its number to be chairman and is authorized to elect a university president, one or more vice-presidents, and a secretary, prescribe their duties and terms of office, and fix their compensation. It shall elect teachers of professorial rank in the various colleges which make up The Medical University of South Carolina and other officers and employees as may be necessary for the proper conduct of the university and fix their compensation, the fees and charges of students, and the rules for the government of the university. The board of trustees also has the following powers:
(1) to make bylaws and regulations considered expedient for the management of its affairs and its own operations not inconsistent with the Constitution and laws of this State or of the United States;
(2) to confer the appropriate degrees in medicine, dental medicine, pharmacy, nursing, health-related professions, and graduate studies in related health fields upon students and other persons as in the opinion of the board of trustees may be qualified to receive them.; and
(3) to make contracts and to have, to hold, to purchase, and to lease real estate and personal property for corporate purposes; and to sell and dispose of personal property and any buildings that are considered by it as surplus property or no longer needed and any buildings that it may need to do away with for the purpose of making room for other construction. These powers must be exercised in a manner consistent with the provisions of Chapter 35 of Title 11."
TO AMEND THE 1976 CODE BY ADDING SECTION 9-1-1795 SO AS TO PROVIDE THAT THE LIMITATION ON THE AMOUNT OF EARNINGS IN A FISCAL YEAR A RETIREE MAY RECEIVE FROM A COVERED EMPLOYER UNDER THE STATE RETIREMENT SYSTEM WITHOUT LOSS OF RETIREMENT BENEFITS DOES NOT APPLY TO THE EARNINGS OF A RETIRED CERTIFIED TEACHER WHO IS EMPLOYED BY A SCHOOL DISTRICT TO TEACH IN THE CLASSROOM IN HIS AREA OF CERTIFICATION IN A CRITICAL ACADEMIC OR GEOGRAPHIC NEED AREA AS DEFINED BY THE STATE BOARD OF EDUCATION, AND TO PROVIDE A PROCEDURE BY WHICH A RETIRED TEACHER MAY BE EMPLOYED.
A. The General Assembly finds that:
(1) educational improvement is the primary issue in this State and that teaching experience is one of the keys to educational improvement;
(2) South Carolina is faced with a teacher shortage; and
(3) incentives, and funding for these incentives, for rewarding and retaining experienced teachers are vital to maintaining a professional teaching corps.
B. Chapter 1, Title 9 of the 1976 Code is amended by adding:
"Section 9-1-1795. (A) A retired member of the system may return to employment covered by the system without affecting the monthly retirement allowance he is receiving from the system, if the retired member is a certified teacher and is employed by a school district to teach in the classroom in his area of certification in a critical academic need area or geographic need area as defined by the State Board of Education.
(B) For the provisions of this section to apply, the Department of Education must review and approve, from the documentation provided by the school district, that no qualified, non-retired member is available for employment in the position and that the member selected for employment meets the requirements of this section. However, a school district may not consider a member of the system for employment before July 15 of each year. After approval is received from the Department of Education, school districts must notify the State Board of Education of the engagement of a retired member as a teacher and the department must notify the State Retirement System of their exemption from the earnings limitation. If the employing district fails to notify the department of the engagement of a retired member as a teacher, the district shall reimburse the system for all benefits wrongly paid to the retired member.
(C) A school district shall pay to the system the employer contribution for active members prescribed by law with respect to any retired member engaged to perform services for the district, regardless of whether the retired member is a full-time or part-time employee, a temporary or permanent employee. If a district which is obligated to the system pursuant to this subsection fails to pay the amount due, as determined by the system, the amount must be deducted from any funds payable to the district by the State."
C. This section takes effect July 1, 1999.
TO NAME THE BRIDGE TO BE BUILT REPLACING THE JOHN P. GRACE BRIDGE AND THE SILAS N. PEARMAN BRIDGE IN CHARLESTON COUNTY THE "ARTHUR RAVENEL, JR. BRIDGE", AND TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL ERECT SUCH SIGNS AS APPROPRIATE TO DESIGNATE AND NAME THE NEW BRIDGE OVER THE COOPER RIVER AS THE "ARTHUR RAVENEL, JR. BRIDGE".
A. Whereas, Senator Arthur Ravenel, Jr., is a distinguished member of the South Carolina General Assembly; and
Whereas, Senator Ravenel previously served in both the South Carolina House of Representatives and the South Carolina Senate before offering as a candidate for the Congress; and
Whereas, in 1986 Senator Ravenel was elected to the United States House of Representatives, where he served through the year 1994; and
Whereas, he is recognized by the business community and governmental leaders across the State for his dedicated efforts in improving the state's transportation network; and
Whereas, Senator Ravenel was instrumental in working with state and local officials to pass legislation to create the State Infrastructure Bank, on which he now serves as a member; and
Whereas, through his dedicated efforts as a State Senator, he is helping to identify the necessary funding sources to expedite the building of a new bridge to replace the bridges over the Cooper River so that the citizens of this State may have better and safer access to our coastal regions.
B. The Department of Transportation is directed to name the new bridge to be built over the Cooper River in Charleston County, replacing the John P. Grace Bridge and the Silas N. Pearman Bridge, the "Arthur Ravenel, Jr. Bridge". The Department of Transportation shall install appropriate markers or signs at places along the highway as the department considers advisable containing the words "Arthur Ravenel, Jr. Bridge".
C. This section takes effect July 1, 1999.
*Text printed in italic, boldface mark sections vetoed by the Governor June 30, 1999.
TO AMEND CHAPTER 11, TITLE 1 OF THE 1976 CODE, RELATING TO THE GENERAL PROVISIONS CONCERNING THE BUDGET AND CONTROL BOARD, BY ADDING SECTION 1-11-480 SO AS TO AUTHORIZE THE BOARD TO HIRE CONSULTANTS OR A MANAGEMENT FIRM TO ASSIST IN THE ADMINISTRATION OF THE UNEMPLOYMENT COMPENSATION PROGRAM FOR STATE EMPLOYEES, TO AUTHORIZE THE BOARD TO TRANSFER FUNDS FOR THIS PURPOSE, AND TO REQUIRE THE BOARD TO ANNUALLY REPORT TO THE GENERAL ASSEMBLY ON THE PAYMENTS TO THE CONSULTANTS OR MANAGEMENT FIRM.
A. The 1976 Code is amended by adding:
"Section 1-11-480. The State Budget and Control Board is authorized to hire consultants or a management firm to assist in the administration of the unemployment compensation program for state employees and, for that purpose, may use funds appropriated or otherwise made available for unemployment payments. The Budget and Control Board is authorized to make the transfers necessary to accomplish this purpose. The Budget and Control Board shall report in writing annually to the General Assembly the complete name, address, and amounts paid to the consultants or management firm."
B. This section takes effect July 1, 1999.
TO AMEND SECTION 56-3-840 OF THE 1976 CODE, RELATING TO DELINQUENT MOTOR VEHICLE REGISTRATION AND LICENSING PENALTY FEES, SO AS TO INCREASE THE PENALTY FEES ASSOCIATED WITH DELINQUENT REGISTRATION AND LICENSING OF A MOTOR VEHICLE, AND TO AUTHORIZE THE RETENTION OF ADDITIONAL MONIES COLLECTED FOR THE PURPOSE OF PROVIDING A BUILDING FUND FOR THE DEPARTMENT OF PUBLIC SAFETY.
Section 56-3-840 of the 1976 Code is amended to read:
"Section 56-3-840. The owner of every vehicle required to be registered and licensed under the provisions of this chapter who fails to register and license the vehicle and pay the specified fees or renewal, when and as required, upon registering the vehicle shall pay to the department a delinquency penalty fee of ten dollars, if the owner is delinquent less than fifteen days. If the owner is delinquent by fifteen days but less than thirty days, he shall pay a delinquency penalty of twenty-five dollars. If the owner is delinquent by more than thirty days but less than ninety days, he shall pay a delinquency penalty fee of fifty dollars to the department. If the owner is delinquent by more than ninety days, he shall pay a delinquency penalty fee of seventy-five dollars to the department. However, there is no delinquency penalty fee for campers and travel trailers subject to the registration fee under Section 56-3-720.
A person who drives, moves, or operates on a highway a vehicle for which a registration and license are required but have not been obtained within thirty days of the date when required is guilty of a misdemeanor.
All monies collected pursuant to this section, not to exceed 2.7 million dollars or the actual revenues collected in fiscal year 1998-99, whichever is less, must be held in reserve for the department. Notwithstanding any other provision of law, these monies must be deposited to the credit of the department into a special fund in the office of the State Treasurer called the 'Department of Public Safety Building Fund'. The department must use these monies and other unobligated monies for the purpose of issuing revenue bonds or for entering into a lease purchase agreement for a headquarters building, including the renovation of existing facilities. All monies credited to the special account that exceed the funds necessary for the purposes authorized in this section must be used for other capital projects throughout the state. Projects other than the construction or purchase of a new headquarters building, including the expansion or renovation to the existing facility, must be approved by a joint resolution. The cost of a headquarters building must not exceed thirty million dollars."
TO AMEND SECTION 1-11-720 OF THE 1976 CODE, 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, THE PALMETTO STATE TEACHERS' ASSOCIATION, THE SOUTH CAROLINA EDUCATION ASSOCIATION, THE SOUTH CAROLINA ASSOCIATION OF SCHOOL ADMINISTRATORS, AND THE SOUTH CAROLINA SCHOOL BOARDS ASSOCIATION.
A. Section 1-11-720(A) of the 1976 Code, as added by Act 364 of 1992 and as last amended by Act 317 of 1998, is further amended by adding:
"(12) the South Carolina State Employees' Association;
(13) the Palmetto State Teachers' Association;
(14) the South Carolina Education Association;
(15) the South Carolina Association of School Administrators;
(16) the South Carolina School Boards Association;
(17) the South Carolina Student Loan Corporation."
B. This section takes effect July 1, 1999.
TO AMEND SECTION 12-6-40, AS AMENDED, OF THE 1976 CODE, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.
A. Section 12-6-40(A) of the 1976 Code, as added by Act 76 of 1995 and as last amended by Act 268 of 1998, is further amended to read:
"(A) 'Internal Revenue Code' mean the Internal Revenue Code of 1986 as amended through December 31, 1998, and includes the effective date provisions contained therein."
B. This section takes effect for tax years beginning after 1998.
*Text printed in italic, boldface mark sections vetoed by the Governor June 30, 1999.
TO AMEND SECTION 12-43-220, AS AMENDED, OF THE 1976 CODE, RELATING TO CLASSIFICATION AND THE APPLICABLE ASSESSMENT RATIO OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO PROVIDE THAT OWNER-OCCUPIED RESIDENTIAL PROPERTY RECEIVING THE FOUR PERCENT ASSESSMENT RATIO RETAINS THAT ASSESSMENT RATIO, THE RESIDENTIAL EXEMPTION FROM SCHOOL OPERATING MILLAGE, AND THE HOMESTEAD EXEMPTION, IF APPLICABLE, FOR THE ENTIRE YEAR IN WHICH THE OWNERSHIP OR USE OF SUCH PROPERTY CHANGES AND TO MAKE CONFORMING AMENDMENTS.
A. Section 12-43-220(c) of the 1976 Code, as last amended by Act 442 of 1998, is further amended to read:
"(c)(1) The legal residence and not more than five acres contiguous thereto, when owned totally or in part in fee or by life estate and occupied by the owner of the interest, and additional dwellings located on the same property and occupied by immediate family members of the owner of the interest, are taxed on an assessment equal to four percent of the fair market value of the property. If residential real property is held in trust and the income beneficiary of the trust occupies the property as a residence, then the assessment ratio allowed by this item applies if the trustee certifies to the assessor that the property is occupied as a residence by the income beneficiary of the trust. When the legal residence is located on leased or rented property and the residence is owned and occupied by the owner of a residence on leased property, even though at the end of the lease period the lessor becomes the owner of the residence, the assessment for the residence is at the same ratio as provided in this item. If the lessee of property upon which he has located his legal residence is liable for taxes on the leased property, then the property upon which he is liable for taxes, not to exceed five acres contiguous to his legal residence, must be assessed at the same ratio provided in this item. If this property has located on it any rented mobile homes or residences which are rented or any business for profit, this four percent value does not apply to those businesses or rental properties. For purposes of the assessment ratio allowed pursuant to this item, a residence does not qualify as a legal residence unless the residence is determined to be the domicile of the owner-applicant.
(2)(i) To qualify for the special property tax assessment ratio allowed by this item, the owner-occupant must have actually owned and occupied the residence as his legal residence and been domiciled at that address for some period during the applicable tax year. A residence which has been qualified as a legal residence for any part of the year is entitled to the four percent assessment ratio provided in this item for the entire year, for the exemption from property taxes levied for school operations pursuant to Section 12-37-251 for the entire year, and for the homestead exemption under Section 12-37-250, if otherwise eligible, for the entire year.
(ii) This item does not apply unless the owner of the property or the owner's agent applies for the four percent assessment ratio before the first penalty date for the payment of taxes for the tax year for which the owner first claims eligibility for this assessment ratio. In the application the owner or his agent must certify to the following statement:
'Under penalty of perjury I certify that:
(A) the residence which is the subject of this application is my legal residence and where I am domiciled; and
(B) that neither I nor any other member of my household is residing in or occupying any other residence in South Carolina which I or any member of my immediate family has qualified for the special assessment ratio allowed by this section.'
(iii) For purposes of subitem (ii)(B) of this item, 'a member of my household' means:
(A) the owner-occupant's spouse, except when that spouse is legally separated from the owner-occupant; and
(B) any child of the owner-occupant claimed or eligible to be claimed as a dependent on the owner-occupant's federal income tax return.
(iv) In addition to the certification, the burden of proof for eligibility for the four percent assessment ratio is on the owner-occupant and the applicant must provide proof the assessor requires including, but not limited to:
(A) a copy of the owner-occupant's most recently filed South Carolina individual income tax return;
(B) copies of South Carolina motor vehicle registrations for all motor vehicles registered in the name of the owner-occupant.;
(C) other proof required by the assessor necessary to determine eligibility for the assessment ratio allowed by this item.
If the assessor determines the owner-occupant ineligible, the six percent property tax assessment ratio applies and the owner-occupant may appeal the classification as provided in Chapter 60 of this title.
(v) A member of the armed forces of the United States on active duty who is a legal resident of and domiciled in another state is nevertheless deemed a legal resident and domiciled in this State for purposes of this item if the member's permanent duty station is in this State. A copy of the member's orders filed with the assessor is considered proof sufficient of the member's permanent duty station.
(vi) No further applications are necessary from the current owner while the property for which the initial application was made continues to meet the eligibility requirements. If a change in ownership or use occurs, the owner who had qualified for the special assessment ratio allowed by this section shall notify the assessor of the change in classification within six months of the change. Another application is required by the new owner to qualify the residence for future years for the four percent assessment ratio allowed by this section.
(vii) If a person signs the certification, obtains the four percent assessment ratio, and is thereafter found not eligible, or thereafter loses eligibility and fails to notify the assessor within six months, a penalty is imposed equal to one hundred percent of the tax paid, plus interest on that amount at the rate of one-half of one percent a month, but in no case less than thirty dollars nor more than the current year's taxes. This penalty and any interest are considered ad valorem taxes due on the property for purposes of collection and enforcement.
(viii) Failure to file within the prescribed time constitutes abandonment of the owner's right for this classification for the current tax year, but the local taxing authority may extend the time for filing upon a showing satisfactory to it that the person had reasonable cause for not filing before the first penalty date.
(3) Notwithstanding any other provision of law, a taxpayer may apply for a refund of property taxes overpaid because the property was eligible for the legal residence assessment ratio. The application must be made in accordance with Section 12-60-2560. The taxpayer must establish that the property in question was in fact his legal residence and where he was domiciled. A county council, by ordinance, may allow refunds for the county government portion of property taxes for such additional past years as it determines advisable.
(4) A legal residence qualifying for the four percent assessment ratio provided by this item must have an assessed value of not less than one hundred dollars.
[Subparagraph (5) effective for property tax years beginning after 1998.]
(5) To qualify for the four percent assessment ratio, the owner-occupant of a legal residence that is being purchased under a contract for sale or a bond for title must record the contract for sale or the bond for title in the office of the register of mesne conveyances or the clerk of court in those counties where the office of the register of mesne conveyances has been abolished.
For purposes of this subsection, a contract for sale or a bond for title is the sale of real property by a seller, who finances the sale and retains title to the property solely as security for the debt."
B. This section takes effect July 1, 1999, and is applicable to property tax years beginning after 1998.
TO AMEND SECTION 12-4-320, AS AMENDED, OF THE 1976 CODE, RELATING TO PERMISSIVE POWERS AND DUTIES OF THE TAX COMMISSION, SO AS TO PROVIDE FOR THE PRESCRIPTION OF TEMPORARY RULES IN THE EVENT OF DAMAGE CAUSED BY WAR, TERRORISM, OR NATURAL DISASTER OR HAZARDOUS MILITARY DUTY.
A. Section 12-4-320(6) of the 1976 Code, as added by Act 516 of 1994, is amended to read:
"(6) for damage caused by war, terrorist act, or natural disaster or service with the United Stated armed forces or national guard in or near a hazard duty zone, extend the date for filing returns, payments of taxes, collection of taxes, and conducting audits, and waive interest and penalties."
B. This section takes effect July 1, 1999.
*Text printed in italic, boldface mark sections vetoed by the Governor June 30, 1999.
TO AMEND ARTICLE 25, CHAPTER 6, TITLE 12 OF THE 1976 CODE, RELATING TO STATE INCOME TAX CREDITS, BY ADDING SECTION 12-6-3520 SO AS TO ESTABLISH AN INCOME TAX CREDIT FOR COSTS INCURRED BY A TAXPAYER FOR HABITAT MANAGEMENT OR CONSTRUCTION AND MAINTENANCE OF IMPROVEMENTS ON REAL PROPERTY DESIGNATED BY THE DEPARTMENT OF NATURAL RESOURCES AS CRITICAL HABITAT FOR THREATENED OR ENDANGERED SPECIES; AND TO AMEND CHAPTER 15, TITLE 50, RELATING TO NONGAME AND ENDANGERED SPECIES, BY ADDING SECTION 50-15-55 SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES SHALL PROMULGATE REGULATIONS ADDRESSING CRITERIA FOR DESIGNATING LAND AS CERTIFIED MANAGEMENT AREA FOR ENDANGERED SPECIES OR SPECIES IN NEED OF PROTECTION TO QUALIFY FOR THE CREDIT ALLOWED BY THIS SECTION AND ALLOW PERIODIC REVIEW OF THE POPULATIONS OF SPECIES AND CRITERIA FOR CERTIFIED MANAGEMENT AREAS.
A. Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-3520. (A) There shall be allowed as a tax credit against the income tax liability of a taxpayer an amount equal to fifty percent of the costs incurred by the taxpayer for habitat management or construction and maintenance of improvements on real property that are made to land as described in Section 50-15-55(A) and which meets the requirements of regulations promulgated by the Department of Natural Resources pursuant to Section 50-15-55(A). For purposes of this section, 'costs incurred' means those monies spent or revenue foregone for habitat management or construction and maintenance, but does not include revenue foregone as increases in land values or speculative costs related to development.
(B) All costs must be incurred on land that has been designated as a certified management area for endangered species enumerated in Section 50-15-40 or for nongame and wildlife species determined to be in need management under Section 50-15-30.
(C) The tax credit allowed by this section must be claimed in the year that such costs are incurred as provided for in subsection (B). The credit established by this section taken in one year may not exceed fifty percent of the taxpayer's income tax liability for that year. If the amount of the credit exceeds the taxpayer's income tax liability for that taxable year, the taxpayer may carry forward any excess for up to ten years.
(D) If during any taxable year the landowner voluntarily chooses to leave the agreement made concerning the certified areas after taking the tax credit, then the tax payer's tax liability for the current taxable year must be increased by the full amount of any credit claimed in prior years with respect to the property.
(E)(1) An 'S' corporation or partnership that qualifies for the credit under this section as an 'S' corporation or partnership entitles each shareholder of the 'S' corporation or partner of the partnership to a nonrefundable credit against taxes. Any credit generated by an 'S' corporation must first be used against any tax liability of the 'S' corporation under Section 12-6-530. Any remaining credit passes through to the shareholders of the 'S' corporation.
(2) The amount of the credit allowed a shareholder, partner, or owner of a limited liability company pursuant to this section is equal to the shareholder's percentage of stock ownership or partner's interest in the partnership, for the taxable year multiplied by the amount of the credit that the taxpayer would have been entitled to if it were taxed as a corporation."
B. Chapter 15, Title 50 of the 1976 Code is amended by adding:
"Section 50-15-55. (A) The department shall promulgate regulations addressing criteria for designating land as certified management area for endangered species or of species in need of management in order to qualify a taxpayer for the income tax credit provided for in Section 12-6-3520.
(B) Every five years the department may review the population status of species subject to certified management agreements and shall revise the regulations accordingly. The department may revise criteria at that time as necessary for lands to retain their designation as certified management areas."
C. This section takes effect July 1, 1999, only if sufficient funding, in the opinion of the Department of Revenue, is available to fund the credit.
TO AMEND THE 1976 CODE BY ADDING SECTION 59-139-11 SO AS TO PROVIDE THAT A SCHOOL ACCREDITED BY THE SOUTHERN ASSOCIATION OF COLLEGES AND SCHOOLS MAY SUBSTITUTE THE SACS PLAN FOR THE COMPREHENSIVE PLAN AND ANNUAL UPDATES REQUIRED BY THE EARLY CHILDHOOD DEVELOPMENT AND ACADEMIC ASSISTANCE ACT AND EDUCATION ACCOUNTABILITY ACT, AND PROVIDE THAT THE REVIEW CYCLE OF A DISTRICT MAY BE ADJUSTED TO COINCIDE WITH THE SACS REVIEW CYCLE OF ITS SCHOOLS.
The 1976 Code is amended by adding:
"Section 59-139-11. A school accredited by the Southern Association of Colleges and Schools (SACS) may substitute the SACS five-year plan and annual updates for the comprehensive plan and updates required by Section 59-139-10(B), provided that all requirements for information and evaluation and the participation requirements for the community and School Improvement Council are met as mandated in Chapters 18 and 139 of Title 59. Beginning with 2001, with approval by the State Board of Education, a school district may request to have its combined strategic plan/accountability system cycle required by Chapters 18 and 139 adjusted to coincide with its schools' SACS review."
TO AMEND THE 1976 CODE BY ADDING SECTION 17-25-137 SO AS TO PROVIDE THAT A COURT THAT IMPOSES AN ALTERNATIVE SENTENCE UPON A DEFENDANT IS NOT LIABLE FOR ANY INJURIES SUSTAINED BY THE DEFENDANT WHILE THE DEFENDANT COMPLETES HIS SENTENCE.
A. The 1976 Code is amended by adding:
"Section 17-25-137. Notwithstanding another provision of law, a court which imposes an alternative sentence upon a defendant is not liable for any injuries sustained by the defendant while the defendant completes his sentence."
B. This section takes effect July 1, 1999.
TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-395 SO AS TO PROVIDE THAT THE REINSTATEMENT FEE FOR A DRIVER'S LICENSE WHICH HAS BEEN SUSPENDED MUST BE REFUNDED UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT A PERSON WHOSE LICENSE IS SUSPENDED BECAUSE OF THE FAILURE TO PAY A FINE IMPOSED PURSUANT TO A TRAFFIC VIOLATION, AND WHO IS SUBSEQUENTLY ISSUED A CITATION FOR DRIVING UNDER SUSPENSION IN THIS STATE, MUST NOT BE TAKEN INTO CUSTODY IF THE SOLE BASIS FOR THE SUSPENSION IS THE FAILURE TO PAY THE FINE FOR THE TRAFFIC VIOLATION.
A. The 1976 Code is amended by adding:
"Section 56-1-395. (A) The reinstatement fee for a driver's license which has been suspended must be refunded if the suspension was imposed by the department for failure to pay a fine for a traffic violation committed in another state, and the department receives evidence that the out-of-state fine was paid before the imposition of the suspension.
(B) A person whose license is suspended because of the failure to pay a fine imposed pursuant to a traffic violation, and who is subsequently issued a citation for driving under suspension in this State, must not be taken into custody for driving under suspension if the sole basis for the suspension is the failure to pay the fine for the traffic violation."
B. This section takes effect July 1, 1999.
*Text printed in italic, boldface mark sections vetoed by the Governor June 30, 1999.
TO AMEND SECTION 60-11-40, AS AMENDED, OF THE 1976 CODE, RELATING TO THE SOUTH CAROLINA COMMISSION OF ARCHIVES AND HISTORY, SO AS TO PROVIDE THAT THE PRESIDENT OF THE UNIVERSITY SOUTH CAROLINIANA SOCIETY SHALL SERVE AS A NON-EX OFFICIO MEMBER OF THE COMMISSION.
A. Section 60-11-40 of the 1976 Code, as last amended by Act 118 of 1991, is further amended to read:
"Section 60-11-40. (1) Control and membership. The South Carolina Department of Archives and History is under the control of the South Carolina Commission of Archives and History which consists of five ex officio members and six non-ex officio members.
(2) Ex officio members. The five ex officio members are the heads of the departments of history of the University of South Carolina, The Citadel, Clemson University, Winthrop University, and the head of the Department of Political Science and History of South Carolina State University, and their successors, or, upon approval of the governing board of the respective institution, their designees.
(3) Non-ex officio members. Five non-ex officio members shall be nominated, one by the South Carolina Historical Society, one by the American Legion, Department of South Carolina, and one by the South Carolina Historical Association, and appointed by the Governor. Each shall serve for a term of five years. Two members shall be appointed by the Governor with the advice and consent of the Senate for terms of office to run concurrently with the term of the Governor. The sixth non-ex officio member shall be the President of the University South Caroliniana Society who shall serve for a term of five years. In case of a vacancy it shall be filled for the unexpired term in the same manner as the original appointment.
(4) Meetings; quorum. The South Carolina Commission of Archives and History shall hold at least one regular meeting during the year and as many special meetings as may be necessary at the office of the commission. Special meetings may be called by the chairman, or, in his absence, by the vice-chairman. Six members of the commission shall constitute a quorum.
(5) Expenses and per diem. All members of the commission shall be reimbursed for expenses incurred in attending meetings and otherwise performing their duties under the direction of the commission. The members who are not employed by the State shall receive the per diem paid by the State to members of boards and commissions during their attendance at meetings."
B. This section takes effect July 1, 1999.
TO AMEND SECTION 50-21-136 OF THE 1976 CODE, RELATING TO NO WAKE ZONES ON CERTAIN CREEKS AND COVES ON HILTON HEAD ISLAND AND ON THE NEW RIVER IN BEAUFORT COUNTY, SO AS TO CORRECT A DIRECTIONAL REFERENCE.
A. Section 50-21-136(A) of the 1976 Code is amended to read:
"(A) There are established no wake zones on the following creeks and coves on Hilton Head Island in Beaufort County:
Broad Creek, to begin at the end of the existing no wake zone at Palmetto Bay Marina, running upstream in an easterly direction to the Cross Island Parkway Bridge, including all waters to the high tide line; to begin 50 feet downstream of the Broad Creek Marina, running in a northwest to southeast direction to the low tide lines that bound its channel, to 50 feet upstream of Nautical Day Marker Number 10, running in a southwest to northeast direction to 550 feet east of a dock located at 63 River Club Drive (Lot 3) to the low tide lines that bound its channel; to begin 50 feet downstream of the Long Cove docks, running in a north to south direction to the low tide lines that bound its channel, to 50 feet upstream of the Long Cove docks, running in a north to south direction to the low tide lines that bound its channel; and to begin at Nautical Day Marker Number 19, running upstream in a northeasterly direction to the headwaters of Broad Creek, including all waters to the high tide line.
Old House Creek;
Bear Creek (also known as Park Creek);
Lawton Creek;
Jarvis Creek;
Braddock Cove;
Calibogue Creek (also known as Baynard Cove);
Folly Creek;
Fish Haul Creek (also known as Coggin Creek);
Point Comfort Creek;
Jenkins Creek;
Skull Creek between Nautical Day Marker Number 13 and Nautical Day Marker Number 14.
There is also established a no wake zone between one hundred yards north of Nautical Day Marker Number 40 and Nautical Day Marker Number 41 on the New River in Beaufort County.
The no wake zone boundaries must be marked clearly with signs. The signs must be designed and installed as specified by the department."
B. This section takes effect July 1, 1999.
TO AMEND SECTION 56-1-440 OF THE 1976 CODE, RELATING TO PENALTIES FOR DRIVING WITHOUT A DRIVER'S LICENSE, SO AS TO PROVIDE THAT A CHARGE OF DRIVING A MOTOR VEHICLE WITHOUT A DRIVER'S LICENSE MUST BE DISMISSED UNDER CERTAIN CIRCUMSTANCES; AND TO AMEND SECTION 56-10-225, RELATING TO PROOF OF INSURANCE AND FINANCIAL RESPONSIBILITY FOR A MOTOR VEHICLE, SO AS TO PROVIDE THAT A CHARGE OF FAILING TO MAINTAIN PROOF THAT A MOTOR VEHICLE IS INSURED MUST BE DISMISSED UNDER CERTAIN CIRCUMSTANCES.
A. Section 56-1-440 of the 1976 Code is amended to read:
"Section 56-1-440. A person who drives a motor vehicle on any public highway of this State without a driver's license in violation of Section 56-1-20 is guilty of a misdemeanor and, upon conviction of a first offense, must be fined not less than fifty dollars nor more than one hundred dollars or imprisoned for thirty days and, upon conviction of a second offense, be fined five hundred dollars or imprisoned for forty-five days, or both, and for a third and subsequent offense must be imprisoned for not less than forty-five days nor more than six months. However, a charge of driving a motor vehicle without a driver's license must be dismissed if the person provides proof of being a licensed driver at the time of the violation to the court within seven days of being charged with a violation of this provision."
B. Section 56-10-225(C) of the 1976 Code, as added by Act 154 of 1997, is amended to read:
"(C) A person who fails to maintain the proof in his motor vehicle as required by subsection (A) is guilty of a misdemeanor and, upon conviction, is subject to the same punishment as provided by law for failure of the person driving or in control of a motor vehicle to carry the vehicle registration card and to display the registration card upon demand. However, a charge of failing to maintain proof that a motor vehicle is insured must be dismissed if the person provides proof that the motor vehicle was insured at the time of the violation to the court within seven days of being charged with a violation of the provision contained in subsection (A). A person failing to maintain in his vehicle the proof required pursuant to subsection (A), within thirty days of being cited for this failure, shall provide proof of insurance or have his driver's license suspended until satisfactory proof is provided. Further, this proof must be provided every quarter for one year after being cited for driving without proof of liability insurance. Failure to provide this proof when required shall cause his driver's license to be suspended until satisfactory proof is provided."
C. This section takes effect July 1, 1999.
*Text printed in italic, boldface mark sections vetoed by the Governor June 30, 1999.
TO AMEND SECTION 56-1-365, AS AMENDED, OF THE 1976 CODE, RELATING TO THE SURRENDER OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT AT THE TIME A PERSON SURRENDERS A DRIVER'S LICENSE TO A CLERK OF COURT OR MAGISTRATE, HE ALSO MAY PAY THE FEE REQUIRED TO HAVE HIS DRIVER'S LICENSE REINSTATED; AND TO AMEND SECTION 56-1-390, AS AMENDED, RELATING TO THE FEE FOR REINSTATEMENT OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE REINSTATEMENT FEE MAY BE PAID TO THE CLERK OF COURT UNDER CERTAIN CIRCUMSTANCES.
A. Section 56-1-365(B) of the 1976 Code, as last amended by Act 379 of 1998, is further amended to read:
"(B) The department may collect from the clerk of court or magistrate the driver's license and ticket immediately after receipt. Along with the driver's license, the clerks and magistrates must give the department's agents tickets, arrest warrants, and other documents or copies of them, including any reinstatement fee paid at the time of the verdict, guilty plea, or plea of nolo contendere, as necessary for the department to process the revocation or suspension of the licenses. If the department does not collect the license and ticket immediately, the magistrate or clerk must forward the license, ticket, and other documentation to the department within five days after receipt. A clerk or magistrate who wilfully fails or neglects to forward the driver's license and ticket as required in this section is liable to indictment and, upon conviction, must be fined not exceeding five hundred dollars."
B. Section 56-1-390(1) of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"(1) Whenever the department suspends or revokes the license of a person under its lawful authority, the license remains suspended or revoked and must not be reinstated or renewed nor may another license be issued to that person until he also remits to the department a reinstatement fee of thirty dollars. The reinstatement fee may be paid to the clerk of court or magistrate at the time of the verdict, guilty plea, or plea of nolo contendere for the offense for which the license is suspended or revoked. If the fee is paid at the time of the verdict, guilty plea, or plea of nolo contendere, the clerk or magistrate shall remit the fee to the department pursuant to the procedures set forth in Section 56-1-365(B). The director or his designee may waive or return the reinstatement fee if it is determined that the suspension or revocation is based upon a lack of notice being given to the department or other similar error."
C. This section takes effect July 1, 1999.
TO AMEND SECTIONS 20-7-420, 20-7-1315, AS AMENDED, AND 20-7-1440, AS AMENDED, OF THE 1976 CODE, RELATING TO COLLECTION OF CHILD SUPPORT, SO AS TO PROVIDE FOR A CENTRALIZED SYSTEM FOR THE COLLECTION OF WAGE WITHHOLDING; TO AMEND SECTIONS 20-1-220, AS AMENDED, 20-3-235, 20-7-853, 20-7-854, AND 20-7-949, 20-7-957, 44-7-77, 44-63-75, ALL AS AMENDED, AND 43-5-595 AND 43-5-596, RELATING TO THE USE OF SOCIAL SECURITY NUMBERS IN CHILD SUPPORT ENFORCEMENT, SO AS TO PROVIDE FOR THE USE OF ALIEN IDENTIFICATION NUMBERS IN CHILD SUPPORT ENFORCEMENT; TO AMEND SECTION 20-7-941, AS AMENDED, RELATING TO THE MEANINGS OF RELEVANT CHILD SUPPORT TERMS, SO AS TO DEFINE "DIRECTOR" AND TO REDEFINE "COMPLIANCE WITH AN ORDER OF SUPPORT" AND "LICENSING ENTITY" AND TO PROVIDE A DEFINITION FOR "DIRECTOR"; TO AMEND SECTIONS 20-7-942 AND 20-7-945, AS AMENDED, RELATING TO THE LICENSE REVOCATION PROGRAM, SO AS TO DECREASE THE TIME FOR REVOCATION FROM NINETY DAYS TO FORTY-FIVE DAYS AND TO REQUIRE THE COURT TO FILE AN AGREEMENT ESTABLISHING AN ARREARAGE PAYMENT SCHEDULE WHICH THEN HAS THE FORCE AND EFFECT OF LAW; TO AMEND SECTION 20-7-1130, AS AMENDED, RELATING TO ENFORCEMENT OF SUPPORT AND INCOME WITHHOLDING ORDERS, SO AS TO CREATE DISCRETION IN THE USE OF ADMINISTRATIVE PROCEDURES; TO AMEND SECTION 20-7-1295, AS AMENDED, RELATING TO ADMINISTRATIVE LIENS, SO AS TO PROVIDE THAT LIENS CREATED UNDER THIS SECTION MAY BE MAINTAINED BY THE REGISTER OF DEEDS UNDER ESTABLISHED LOCAL PROCEDURES, AND TO PROVIDE FOR THE USE OF ALIEN IDENTIFICATION NUMBERS IN CHILD SUPPORT ENFORCEMENT; TO AMEND SECTION 43-5-585, AS AMENDED, RELATING TO REPORTING ARREARAGES TO CONSUMER CREDIT REPORTING AGENCIES, SO AS TO PROVIDE FOR REPORTING WHEN AN ARREARAGE IS EQUAL TO OR GREATER THAN ONE THOUSAND DOLLARS; AND TO AMEND SECTION 43-5-598, AS AMENDED, RELATING TO NEW HIRE REPORTING, SO AS TO PROVIDE IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY FOR EMPLOYERS; AND TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO ESTABLISH AND OPERATE THE CENTRALIZED SYSTEM FOR THE COLLECTION OF WAGE WITHHOLDING FROM FUNDS APPROPRIATED TO THE DEPARTMENT FOR CHILD SUPPORT ENFORCEMENT.
A. Section 20-1-220 of the 1976 Code, as last amended by Act 71 of 1997, is further amended to read:
"Section 20-1-220. No marriage license may be issued unless a written application has been filed with the probate judge, or in Darlington and Georgetown counties the clerk of court who issues the license, at least twenty-four hours before the issuance of the license. The application must be signed by both of the contracting parties and shall contain the same information as required for the issuing of the license including the social security numbers, or the alien identification numbers assigned to resident aliens who do not have social security numbers, of the contracting parties. The license issued, in addition to other things required, must show the hour and date of the filing of the application and the hour and date of the issuance of the license. The application must be kept by the probate judge or clerk of court as a permanent record in his office. A probate judge or clerk of court issuing a license contrary to the provisions, upon conviction, must be fined not more than one hundred dollars or not less than twenty-five dollars, or imprisoned for not more than thirty days or not less than ten days."
B. Section 20-3-235 of the 1976 Code, as added by Act 71 of 1997, is amended to read:
"Section 20-3-235. A decree of divorce shall set forth the social security numbers, or the alien identification numbers assigned to resident aliens who do not have social security numbers, of the parties in the divorce. Filing the required form with the Department of Health and Environmental Control complies with the requirements of this section."
C. Section 20-7-420(21) of the 1976 Code is amended to read:
"(21) to determine the manner in which sums ordered paid for support shall be paid and applied, either to a person through the court, through the clerk of court, or through a centralized wage withholding system if required by federal statute or regulation."
D. Section 20-7-853 of the 1976 Code, as added by Act 71 of 1997, is amended to read:
"Section 20-7-853. An administrative or judicial order which includes a determination of paternity or a provision for child support shall set forth the social security numbers, or the alien identification numbers assigned to resident aliens who do not have social security numbers, of both parents."
E. Section 20-7-854(A)(4) of the 1976 Code, as added by Act 71 of 1997, is amended to read:
"(4) social security number or the alien identification number assigned to a resident alien who does not have a social security number;"
F. Section 20-7-941(A) of the 1976 Code, as last amended by Act 133 of 1997, is further amended to read:
"(A) As used in this part:
(1) 'Arrearage' means the total amount overdue under an order of support.
(2) 'Compliance with an order for support' means that pursuant to an order for support the person required to pay under the order is in arrears no more than five-hundred dollars and has paid the full child support obligation for the last two consecutive months.
(3) 'Director' means the Director of the Child Support Enforcement Division of the State Department of Social Services or his designee.
(4) 'Division' means the Child Support Enforcement Division of the State Department of Social Services.
(5) 'License' means:
(a) a certificate, license, credential, permit, registration, or any other authorization issued by a licensing entity that allows an individual or is required of an individual to engage in a business, occupation, or profession and includes, but is not limited to, a medical license, teaching certificate, commission and certificate of training from the South Carolina Criminal Justice Academy for a sworn law enforcement officer, and a hunting, fishing, or trapping license for commercial use and the privilege to hunt, fish, or trap or hold a hunting, fishing, or trapping license for commercial use;
(b) a driver's license and includes, but is not limited to, a beginner's or instruction permit, a restricted driver's license, a motorcycle driver's license, or a commercial driver's license;
(c) a hunting, fishing, or trapping license for recreational purposes and the privilege to hunt, fish, or trap or hold a hunting, fishing, or trapping license for recreational purposes;
(d) a watercraft registration.
'License' does not include the authority to practice law; however, the Supreme Court may consider as an additional ground for the discipline of members of the bar the wilful violation of a court order including an order for child support. The department has grounds to file a grievance with the Supreme Court if a licensed attorney is in wilful violation of a court order for child support.
(6) 'Licensee' means an individual holding a license issued by a licensing entity.
(7) 'Licensing entity' or 'entity' means, for the purposes of issuing or revoking a license, a state, county, or municipal agency, board, department, office, or commission that issues a license.
(8) 'Order for support' means an order being enforced by the division under Title IV-D of the Social Security Act and which provides for periodic payments of funds for the support of a child or maintenance of a spouse or former spouse and support of a child, whether temporary or final and includes, but is not limited to, an order for reimbursement for public assistance or an order for making periodic payments on a support arrearage."
G. Section 20-7-942 of the 1976 Code, as added by Act 102 of 1995, is amended to read:
"Section 20-7-942. If a licensee is out of compliance with an order for support, the licensee's license must be revoked unless within forty-five days of receiving notice that the licensee is out of compliance with the order, the licensee has paid the arrearage owing under the order or has signed a consent agreement with the division establishing a schedule for payment of the arrearage."
H. Section 20-7-945(A), (D), (F), and (G) of the 1976 Code, as added by Act 102 of 1995, are amended to read:
"(A) The division shall review the information received pursuant to Section 20-7-944 and determine if a licensee is out of compliance with an order for support. If a licensee is out of compliance with the order for support, the division shall notify the licensee that forty-five days after the licensee receives the notice of being out of compliance with the order, the licensing entity will be notified to revoke the licensee's license unless the licensee pays the arrearage owing under the order or signs a consent agreement establishing a schedule for the payment of the arrearage.
(D) Upon the division and the licensee reaching an agreement on a schedule for payment of the arrearage, the director shall file an agreement and order pursuant to Section 20-7-9525(A) and (B) with the family court in the county in which the order for support was issued. The clerk shall stamp the date of receipt of the agreement and order and shall file it under the docket number of the order of support. The agreement and order shall have all the force, effect, and remedies of an order of the court including, but not limited to, wage assignment and contempt of court.
(F) The notification given a licensee that the licensee's license will be revoked in forty-five days clearly must state the remedies and procedures available to a licensee under this section.
(G) If at the end of the forty-five days the licensee still has an arrearage owing under the order for support or the licensee has not signed a consent agreement establishing a payment schedule for the arrearage, the division shall notify the licensing entity to revoke the licensee's license. A license only may be reinstated if the division notifies the licensing entity that the licensee no longer has an arrearage or that the licensee has signed a consent agreement."
I. Section 20-7-949 of the 1976 Code, as last amended by Act 71 of 1997, is further amended to read:
"Section 20-7-949. An applicant for a license or for renewal of a license shall submit the applicant's social security number, or the alien identification number assigned to a resident alien who does not have a social security number, to the licensing entity which must be recorded on the application."
J. Section 20-7-957 of the 1976 Code, as last amended by Act 71 of 1997, is further amended to read:
"Section 20-7-957. Upon a finding that the putative father is the natural father of the child, the court must issue an order designating the putative father as the natural father. The order also shall set forth the social security numbers, or the alien identification numbers assigned to resident aliens who do not have social security numbers, of both parents. The order shall establish a duty of support and provide for child support payments in amounts and at a frequency to be determined by the court. The order also shall provide for other relief which has been properly prayed for in the pleadings and which is considered reasonable and just by the court. Upon a finding that the putative father is not the father of the child, the court shall issue an order which sets forth this finding."
K. Section 20-7-1130 of the 1976 Code, as last amended by Act 452 of 1996, is further amended to read:
"Section 20-7-1130. (A) A party seeking to enforce a support order, an income withholding order, or both, issued by a tribunal of another state may send the documents required for registering the order to a support enforcement agency of this State.
(B) On receipt of the documents the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure available to enforce a support order, an income withholding order, or both. If the obligor does not contest administrative enforcement, the support order need not be registered. If the obligor contests the validity or administrative enforcement of the order by asserting a ground for contesting the order recognized by the law of this State, the support enforcement agency shall register the order pursuant to this subarticle."
L. Section 20-7-1295(C) of the 1976 Code, as added by Act 133 of 1997, is amended to read:
"(C) The division shall file notice of a lien with respect to real property with the register of deeds for any county in the State where the obligor owns property. The social security number, or the alien identification number assigned to a resident alien who does not have a social security number, of the obligor must be noted on the notice of the lien. The filing operates to perfect a lien when recorded, as to any interest in real property owned by the obligor that is located in the county where the lien is recorded. Liens created under this section must be maintained by the register of deeds of each county of the State, in accordance with established local procedures for recordation. If the obligor subsequently acquires an interest in real property, the lien is perfected upon the recording of the instrument by which the interest is obtained in the register of deeds where the notice of the lien was filed within six years prior thereto. A child support lien is perfected as to real property when both the notice thereof and a deed or other instrument in the name of the obligor are on file in the register of deeds for the county where the obligor owns property without respect to whether the lien or the deed or other instrument was recorded first.
The division also shall file notice of a child support lien, with the social security number, or the alien identification number assigned to a resident alien who does not have a social security number, of the obligor on the notice, with respect to personal property with the Department of Natural Resources, a county, or other office or agency responsible for the filing or recording of liens. The filing of a notice of a lien or of a waiver or release of a lien must be received and registered or recorded without payment of a fee. The division may file notice of a lien or waiver or release of a lien or may transmit information to or receive information from any registry of deeds or other office or agency responsible for the filing or recording of liens by any means, including electronic means. Any lien placed against a vehicle with a title issued by the Division of Motor Vehicles is not perfected until notation of the lien is recorded on the vehicle's title by the Division of Motor Vehicles. No fee is required to reissue this title. The perfected lien is not subordinate to a recorded lien except a lien that has been perfected before the date on which the child support lien was perfected. The division, upon request of the obligor, may subordinate the child support lien to a subsequently perfected mortgage. To assist in the collection of a debt by the division, the division may disclose the name of an obligor against whom a lien has arisen and other identifying information including the existence of the lien and the amount of the outstanding obligation."
M. Section 20-7-1315(F)(5) of the 1976 Code, as last amended by Act 510 of 1994, is further amended to read:
"(5) The employer shall promptly pay the amount withheld to the centralized wage withholding system within seven working days of the date income is withheld, in accordance with the notice to withhold and in accordance with any subsequent notification received from the clerk of court concerning withholding. The payor shall provide the date on which the income is withheld."
N. Section 20-7-1315 of the 1976 Code, as last amended by Act 71 of 1997, is further amended by adding:
"(M) The department shall establish and operate a centralized system for the collection and disbursement of funds received from wage withholding under the Child Support Enforcement program. Wage withholding subject to this provision shall include:
(1) all wage withholding cases being enforced by the Child Support Enforcement Division;
(2) all cases not being enforced by the Child Support Enforcement Division in which the support order was initially issued in the State on or after January 1, 1994, and in which the income of the noncustodial parent is subject to withholding.
Child support amounts collected through the centralized wage withholding system are subject to the three percent court cost pursuant to Section 20-7-1440(C), with disposition of all these fees made in accordance with Section 14-1-205. Employers shall make payment of the amount withheld to the centralized system within seven working days of the date income is withheld. The department shall, in compliance with federal requirements, disburse funds received from employers to the appropriate county clerk of court for disbursement to the custodial parent."
O. Section 20-7-1440(C) of the 1976 Code, as last amended by Act 393 of 1996, is further amended to read:
"(C) In actions for support for the spouse or dependent children, when paid through the court or through a centralized wage withholding system operated by the Department of Social Services and not directly, the court shall assess costs against the party required to pay the support in the amount of three percent of the support paid, which costs must be in addition to the support money paid."
P. Section 43-5-585(A) of the 1976 Code, as last amended by Act 452 of 1996, is further amended to read:
"(A) The department shall provide consumer credit reporting agencies an automated monthly report of obligors in Title IV-D cases who have an arrearage in an amount of one thousand dollars or greater."
Q. Section 43-5-595(A) of the 1976 Code, as added by Act 71 of 1997, is amended to read:
"(A) Pursuant to Section 43-5-590(d), the department shall attempt to locate individuals for the purposes of establishing paternity or establishing, modifying, or enforcing a child support obligation. Notwithstanding any other provision of law making this information confidential, the following entities in the State shall provide promptly to the department, its designee, or a federally-approved child support agency of another state, the following information, upon request by the department or other agency for the purpose of establishing paternity or establishing, modifying, or enforcing a support obligation:
(1) All entities in the State including, but not limited to, for-profit, nonprofit and governmental employers, and labor organizations shall provide the full name, social security number, or the alien identification number assigned to a resident alien who does not have a social security number, date of birth, home address, wages or salary, existing or available medical, hospital, and dental insurance coverage, and number of dependents listed for tax purposes on all employees, contractors, and members of labor organizations.
(2) All utility companies, including wire and nonwire telecommunication companies, cable television companies, and financial institutions shall provide the full name, social security number, or the alien identification number assigned to a resident alien who does not have a social security number, date of birth, home address, telephone number, account numbers, and other identifying data, including information on assets and liabilities, on all persons who maintain an account with that entity. For purposes of this item, a financial institution is defined as a federal, state, commercial, or savings bank, savings and loan association, cooperative bank, federal, or state chartered credit union, benefit association, insurance company, safe deposit company, money market mutual fund, or investment company doing business in this State.
(3) A state or local agency of this State shall provide access to information contained in these records:
(a) vital statistics;
(b) state and local tax and revenue records;
(c) records concerning real and titled property;
(d) records of occupational and professional licenses;
(e) records concerning the ownership and control of corporations, partnerships, and other business entities;
(f) employment security records;
(g) records of motor vehicle departments; and
(h) corrections records.
A state or local agency, board, or commission which provides this information to the department may not charge the department a fee for providing the information; however, a commission that receives federal grants, the use of which are restricted, may charge a fee for providing the information."
R. Section 43-5-596(A) and (B) of the 1976 Code, as added by Act 71 of 1997, is amended to read:
"(A) In the manner and form prescribed by the Child Support Enforcement Division, a financial institution, as defined in Section 43-5-595(A)(2), on a quarterly basis, shall provide the division or its designee information on account holders for use in the establishment, enforcement, and collection of child support obligations including, but not limited to:
(1) full name;
(2) social security number or taxpayer identification number, or the alien identification number assigned to a resident alien who does not have a social security number;
(3) record address;
(4) account number(s); and
(5) information on assets and liabilities.
(B) Utilizing automated data exchanges to the maximum extent feasible, a financial institution shall provide for each calendar quarter the name, address, social security number, or the alien identification number assigned to a resident alien who does not have a social security number, and other identifying information for each noncustodial parent who maintains an account at the institution and who owes past-due support, as identified by the division by name and social security number, or the alien identification number assigned to a resident alien who does not have a social security number."
S. Section 43-5-598(O) of the 1976 Code, as added by Act 133 of 1997, is amended to read:
"(O) An employer who in good faith discloses information pursuant to this section is not subject to civil or criminal liability on account of the disclosure.
(P) This section remains in effect until the federal mandate requiring a mandatory new hire reporting program is repealed."
T. Section 44-7-77 of the 1976 Code, as last amended by Act 71 of 1997, is further amended to read:
"Section 44-7-77. The Department of Health and Environmental Control and the State Department of Social Services, in conjunction with the South Carolina Hospital Association, shall develop and implement a program to promote obtaining voluntary acknowledgments of paternity as soon after birth as possible and where possible before the release of the newborn from the hospital. A voluntary acknowledgment including those obtained through an in-hospital program shall contain the requirements of Section 20-7-956(A)(4) and the social security number, or the alien identification number assigned to a resident alien who does not have a social security number, of both parents, and must be signed by both parents. The signatures must be notarized. As part of its in-hospital voluntary acknowledgment of paternity program, a birthing hospital as part of the birth registration process, shall collect, where ascertainable, information which is or may be necessary for the establishment of the paternity of the child and for the establishment of child support. The information to be collected on the father or on the putative father if paternity has not been established includes, but is not limited to, the name of the father, his date of birth, home address, social security number, or the alien identification number assigned to a resident alien who does not have a social security number, and employer's name, and additionally for the putative father, the names and addresses of the putative father's parents."
U. Section 44-63-75 of the 1976 Code, as last amended by Act 71 of 1997, is further amended to read:
"Section 44-63-75. (A) Social security numbers, or the alien identification numbers assigned to resident aliens who do not have social security numbers, must be included in the forms prescribed by the state registrar for:
(1) the recordation of birth, death, and divorce;
(2) the application of marriage.
(B) Social security numbers, or the alien identification numbers assigned to resident aliens who do not have social security numbers, must be recorded on birth and death certificates."
V. If a provision of this section or the application of a provision of this section to a person or circumstance is held to be invalid, the invalidity does not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable.
W. The Department of Social Services shall establish and operate the centralized system, as required by Section 20-7-1315(M) of the 1976 Code, as contained in subsection N. of this section, for the collection and disbursement of wage withholding child support funds from funds appropriated to the Department of Child Support Enforcement operating expenses.
TO AMEND SECTION 16-11-700, AS AMENDED, OF THE 1976 CODE, RELATING TO THE OFFENSE OF DUMPING LITTER OR OTHER SOLID WASTE ON PUBLIC OR PRIVATE PROPERTY, SO AS TO INCREASE THE MONETARY FINE FOR DUMPING LITTER OR SOLID WASTE IN AN AMOUNT LESS THAN FIFTEEN POUNDS IN WEIGHT OR TWENTY-SEVEN CUBIC FEET IN VOLUME AND FOR THE DEPOSIT OF A COLLECTION OF LITTER OR GARBAGE IN AN AREA OR FACILITY NOT INTENDED FOR PUBLIC DEPOSIT OR GARBAGE, AND TO PROVIDE THAT A PORTION OF THE FINE MUST BE DEPOSITED IN THE STATE'S GENERAL FUND AND USED BY THE OFFICE OF THE GOVERNOR TO FUND A LITTER CONTROL CAMPAIGN.
A. Section 16-11-700(C)(1) and (2) of the 1976 Code, as last amended by Act 63 of 1991, is further amended to read:
"(1) A person who violates the provisions of this section in an amount less than fifteen pounds in weight or twenty-seven cubic feet in volume is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than three hundred dollars or imprisoned for not more than thirty days for each offense. In addition to a fine and for each offense under the provisions of this item, the court shall also impose a minimum of five hours of litter-gathering labor or other form of public service as the court may order because of physical or other incapacities, and which is under the supervision of the court. One hundred dollars of the fine imposed by this item must be deposited in the state's general fund and used by the Office of the Governor to fund a litter control campaign.
(2) The fine for a deposit of a collection of litter or garbage in an area or facility not intended for public deposit of litter or garbage is one thousand dollars. The provisions of this item apply to a deposit of litter or garbage, as defined in Section 44-67-30(4), in an area or facility not intended for public deposit of litter or garbage, but this does not prohibit a private property owner from depositing litter or garbage as a property enhancement if the depositing does not violate applicable local or state health and safety regulations. In addition to a fine and for each offense under the provisions of this item the court shall also impose a minimum of five hours of litter-gathering labor or other form of public service as the court may order because of physical or other incapacities, and which is under the supervision of the court. Eight hundred dollars of the fine imposed by this item must be deposited in the state's general fund and used by the Office of the Governor to fund a litter control campaign."
B. This section takes effect July 1, 1999.
TO PROVIDE THAT IF A FAILURE OF A COMPUTER, SOFTWARE PROGRAM, OR OTHER RELATED COMPUTER DEVICE RESULTING FROM A "YEAR 2000" DATE CHANGE CAUSES A NOTICE OR BILLS, ISSUED BY THE STATE OR A POLITICAL SUBDIVISION OF THE STATE, TO BE MAILED OR FORWARDED LATE OR UNTIMELY PROVIDED TO A TAXPAYER, THE TAXPAYER MAY NOT BE PENALIZED OR ASSESSED ANY PENALTIES OR INTEREST FOR MAKING A LATE PAYMENT.
Notwithstanding any other provision of law, if a failure of a computer, software program, network, or database resulting from a "Year 2000" date change causes any kind of notice or bill, issued by the State or a political subdivision of the State, requiring payment to be made by a taxpayer to be mailed or forwarded late or otherwise untimely provided to the taxpayer, the taxpayer may not be penalized or assessed any penalties or interest for making a late payment.
TO AMEND THE 1976 CODE BY ADDING SECTION 12-37-2735 SO AS TO PROVIDE FOR A PERSONAL PROPERTY TAX RELIEF FUND OF NOT MORE THAN NOR LESS THAN TWENTY MILLION DOLLARS FOR A FISCAL YEAR TO REDUCE AD VALOREM TAX ON PERSONAL MOTOR VEHICLES, TO PROVIDE FOR THE DISTRIBUTION OF THE REVENUES OF THE FUND, AND TO REQUIRE THE AMOUNTS DISTRIBUTED TO BE USED TO REDUCE PROPERTY TAXES ON PERSONAL MOTOR VEHICLES.
Article 21, Chapter 37, Title 12 of the 1976 Code is amended by adding:
"Section 12-37-2735. (A) There is established in the State Treasury a separate and distinct fund to be known as the Personal Property Tax Relief Fund to which must be credited not more than nor less than twenty million dollars for a fiscal year. All monies deposited to this fund must be accounted for separately and any interest accruing from the investment of the monies on deposit with the fund must be credited to the fund and used for the same purpose as the principal. The fund must be used to make allocations available to the counties for the purpose of assisting the counties in reducing the ad valorem tax on personal motor vehicles.
(B) The monies credited to the Personal Property Tax Relief Fund must be allocated annually to separate county accounts, one each established in the name of the forty-six counties. The monies must be divided and allocated to the various county accounts based on a ratio equal to the total number of personal motor vehicles registered in a county divided by the total number of personal motor vehicles registered statewide at the close of the preceding calendar year or fiscal year as determined by the State Treasurer. The allocation drawn from the fund must be used for the exclusive purpose of reducing the ad valorem tax on personal motor vehicles and must be distributed to eligible persons in an equitable manner based on the fair market value of the vehicle."
SECTION 1. The following sums are appropriated from fiscal year 1997-98 surplus general fund revenues for the purposes stated:
( 1) Aid to Subdivisions - Comptroller General
Local Government Study Committee 200,000
(1.1) A local government funding system study shall be undertaken by the Comptroller General. The Center for Governance of the University of South Carolina's Institute of Public Affairs shall provide staffing for the project.
The mission of this undertaking is the development of a local government funding reform plan that addresses the needs of local government for a stable and diverse funding system that is accountable to the taxpayers and ensures equitable sharing of the tax burden.
To accomplish this reform project, there is created the Local Government Funding System Steering Committee consisting of the following members, who shall serve ex officio, or their designees:
1) the Governor;
2) the State Treasurer;
3) the Comptroller General;
4) the respective chairmen of the Senate Finance Committee and the House Ways and Means Committee;
5) the director of the Department of Revenue;
6) one each at large appointee by the Governor, Senate Finance Committee Chairman and House Ways and Means Committee Chairman.
The steering committee shall make an interim report by January 1, 2000 and a final report by April 1, 2000.
( 2) Budget and Control Board - Division of
Executive Director Hurricane Bonnie -
Matching Funds for FEMA Assistance 863,881
( 3) Department of Education
(a) EAA Revised Assessment System 5,385,660
(b) Teacher Quality Grant Match -
Training & Recruitment 1,000,000
(c) Teacher Collaborative - Middle
School NSF Grant Match 1,000,000
(d) Council for Conflict Resolution 200,000
( 4) School for the Deaf and Blind Summer
Program - Annualize FY 1998-99 Funding 53,420
( 5) Commission on Higher Education
(a) SREB Membership Fees & Dues 114,300
(b) EPSCOR - Match 2,500,000
(c) SCAMP - Match 600,000
( 6) Higher Education Tuition Grants
Tuition Grants Annualization & Increase 1,300,000
( 7) The Citadel
Assimilation of Women Continuation 548,960
( 8) Clemson University
(a) Advanced Engineering Fibers & Films 1,000,000
(b) Municipal Services 1,117,000
(8.1) The funds appropriated for municipal services must be used to pay for the unique costs for maintenance of municipal corporation services including personnel, operations, equipment and facilities necessary for a municipal court, fire protection, and emergency medical services.
( 9) University of Charleston
(a) Youth Race Relations Initiative 50,000
(b) Avery Research Center 265,000
(10) SC State University
1890 Leadership Institute Match 500,000
(11) University of South Carolina
(a) Small Business Development Center 191,398
(b) African American Professors Program 200,000
(c) Institute of Public Affairs - Civic Education 195,000
(12) State Board for Technical & Comprehensive Education
(a) Special Schools 2,000,000
(b) Trident TEC - Omega Project 75,000
(13) SC Arts Commission
Grantmaking 600,000
(14) Department of Health and Human Services
Medicaid - Continuation of FY 1998-99 Funding 22,148,943
(15) Department of Health and Environmental Control
Public Health Districts Refurbishing 1,000,000
(16) Department of Social Services
Emotionally Disturbed Children 5,500,000
(17) Commission for the Blind
Building Renovation for Projects with Industry 250,000
(18) Clemson - PSA
(a) Agri-Systems Productivity &
Profitability (2x4) 1,500,000
(b) Eastern Jr. Angus Show 10,000
(19) Department of Parks, Recreation and Tourism
Alternative Funding Plan - Return
PRT to General Fund Revenue 8,000,000
(20) Department of Commerce
(a) Staff Development Program 165,000
(b) SC Export Consortium 200,000
(21) Judicial Department
Information Technology 343,200
(21.1) (Supplemental Carry Forward) These funds originally appropriated to the department by SECTION 2 (22)(b), Part III, Act 155 of 1997, for Judicial Commitment are by this item reappropriated to the department for the purpose stated.
(22) Prosecution Coordination Commission
Richland/Kershaw Drug Court Annualization 110,506
(23) Department of Corrections
Operating Fund for Four 256-Bed Additions 3,175,754
(24) Codification of Laws and Legislative Council
Rent 65,000
(25) Budget and Control Board
Division of Regional Development
Local Government Grant Fund 3,693,813
TOTAL $66,121,835
SECTION 2. Unexpended funds appropriated pursuant to this part may be carried forward to succeeding fiscal years and used for the same purposes.
SECTION 1. The sources of general fund revenues appropriated in Section 2 of this part are as follows:
Fiscal Year 1998-99 BEA Surplus $211,111,826
Unemployment Compensation Fund 11,642,442
Excess Debt Service Appropriation for FY 1998-99 4,651,107
TOTAL, All Sources $227,405,375
SECTION 2. The following sums are appropriated from the general fund of the State to supplement appropriations made for the expenses of state government in Part IA of this act to the extent that unobligated surplus revenues of the 1998-99 fiscal year are available:
( 1) General Reserve Fund Contribution 7,721,564
( 2) Aid to Subdivisions - Comptroller General
Tax Relief 10,000,000
( 3) Department of Education
(a) EAA Alternative Schools 400,000
(b) School Bus Parts & Fuel 3,000,000
(c) School Building Aid/Maintenance 10,447,994
(d) SC Council on Holocaust 10,853
(e) Governors School for Arts Personnel,
Operating, Technology & Equipment 5,019,829
( 4) Budget and Control Board
Division of Operations
K-12 Technology Initiative 16,500,000
( 5) Educational Television Commission
Partnership for Distance Learning 669,000
( 6) Wil Lou Gray Opportunity School
(a) Replace Dorm/Cafeteria Furnishings 145,000
(b) Library Automation 25,000
( 7) School for the Deaf and Blind
(a) Facilities Maintenance 245,000
(b) Security Improvements 255,000
( 8) John De La Howe School
(a) Vehicle Leases 33,000
(b) Furniture & Playground Equipment 50,000
(c) Replace HVAC 250,000
( 9) Commission on Higher Education
(a) Competitive Research Grants Match 1,500,000
(b) African American Loan Program 100,000
(10) The Citadel
Assimilation of Women Continuation 223,540
(11) Lander University
Academic Initiative 500,000
(12) University of South Carolina - Columbia
Baruch Institute National Estuarine
Research Reserve 131,113
(13) Winthrop University
Science Equipment 1,000,000
(14) Medical University of South Carolina - Hospital
(a) AHEC Rural Physicians Program (Inflation) 12,000
(b) AHEC Nursing Recruitment (Inflation) 1,485
(15) State Board for Technical and Comprehensive
Education Motorcycle Safety Program 50,000
(16) Department of Archives and History
Cleveland School Memorial Foundation 50,000
(17) SC State Library
Renovate Former Archives Building 125,000
(18) SC Arts Commission
(a) Penn Center 109,093
(b) Arts Education 500,000
(19) SC State Museum
Cayce Historical Museum 25,000
(20) Department of Health & Human Services
(a) Medicaid - Continuation of
FY 1998-99 Funding 1,062,673
(b) Medicaid - Nursing Home Rate Adjustment 3,900,000
(c) Medicaid - Physician, Lab & X-Ray
Adjustment 1,150,000
(d) Medicaid - Dental Rate Adjustment 1,000,000
(e) Medicaid - Dental Program Enhancement 3,000,000
(f) Medicaid - Dental Program TEC
Colleges Clinics 100,000
(g) Medicaid - Nursing Home Staff
Ratio Adjustment 2,360,000
(h) Medicaid - Hospitals 2,260,876
(i) Partners for Healthy Children 8,400,000
(j) Residential Care Optional State
Supplement Increase 2,000,000
(21) Department of Health & Environmental Control
(a) Water Quality Improvement - Water
Pollution Control 600,000
(b) Osteoporosis Prevention & Education 100,000
(c) Preventive Services for Seniors 400,000
(d) Hazardous Waste Subsidy 300,000
(e) Lancaster-Kershaw Rural Health
Center Annualization 200,000
(f) Sickle Cell - Prevention, Education, Testing 900,000
(g) Rape Crisis Centers 400,000
(22) Department of Mental Health
(a) Crisis Stabilization 1,800,000
(b) Local Care for Case Management &
Supervised Housing 700,000
(c) Nursing Program 1,450,000
(d) Family Assistance for the Elderly 390,000
(e) CMHC - Alzheimers Family Respite &
Diagnostic Services 450,000
(f) Gateway House - Greenville 53,300
(23) Department of Disabilities and Special Needs
(a) Aging Caregivers/Residential
Crisis Response 3,074,000
(b) Crisis Prevention - Individual Family
Support Services 2,294,000
(c) Residential - Aging Caregivers 2,000,000
(24) Department of Alcohol & Other Drug Abuse Services
(a) Other Operating Expenses 200,000
(b) The Bridge Program 300,000
(25) Department of Social Services
(a) Foster Care Parents Payment Increase 1,644,618
(b) Special Needs Children Adoption
Subsidy Increase 2,641,814
(c) Cherokee County Children's Home 50,000
(d) Domestic Violence Shelters Increase 640,000
(26) Commission for the Blind
(a) Computer Equipment for Job Bank 15,191
(b) Computers 100,000
(c) Prevention of Blindness in Older Individuals 178,863
(27) Department of Agriculture
(a) Lab Services Renovations 38,000
(b) Quality Program 20,000
(28) Clemson - PSA
(a) Fire Ant Research & Education 200,000
(b) Tropical Soda Apple 80,000
(29) Department of Natural Resources
(a) Wildlife Diversity 300,000
(b) Game - Wildlife Operating & Personnel Costs 250,000
(c) Law Enforcement - Body Armor, Aircraft
Maintenance, Conservation Officers &
Equipment 180,000
(d) Land, Water & Conservation - NPS Cost
Share, Water Monitoring & Aquatic Weeds 1,240,000
(e) Dennis Wildlife Center Maintenance 100,000
(f) Natural Resources Development 150,000
(g) Water Quality Oversight 65,000
(30) Department of Parks, Recreation & Tourism
(a) US Youth Games 25,000
(b) Sampit River Boat Landing 150,000
(c) Freewood Farms 250,000
(d) SC Marathon Association 50,000
(31) Department of Commerce
(a) Toyko Office - Director Replacement 100,000
(b) Information Technology 150,000
(c) Technology Council 200,000
(d) Office Space in Capital Center 131,597
(e) Williamsburg Industrial Park 500,000
(f) Hartsville Airport 50,000
(g) Transfer Film Office From PRT 129,589
(32) Judicial Department
(a) Alternative Dispute Resolution Pilot Program 300,000
(b) Judicial Interpreters 25,000
(33) Prosecution Coordination Commission
(a) Judicial Circuits Support Expansion 1,081,144
(b) Rent, Tort Liability & Property
Insurance Increases 18,926
(34) Commission on Indigent Defense
(a) Conflict Fund Increases 500,000
(b) PCR Operating Expenses 340,000
(c) Civil Appointments Fund 1,500,000
(34.1) (Appellate Conflict Fund) The purpose of this fund is to provide money to pay attorneys for representing indigent defendants on appellate review when the Office of Appellate Defense is unable to do so. Funds designated for appellate use in conflict cases shall be administered by the Office of Indigent Defense. The Office of Appellate Defense must first determine that it is unable to provide representation. Funds appropriated shall be divided into 12 equal amounts, no more than one part (or 1/12 of the total) of which may be paid out in any one month period except as designated below, provided, however, that funds designated for a particular month's payments which are unused in that month may be carried forward into the next month and paid out in that month along with that month's funds. First priority for payment is to use these funds to pay attorneys fees in capital appeals and in capital Post Conviction Relief cases. These cases will be paid first during any one month, and if insufficient funds are available to competently satisfy any obligation payable during that month, funds may be advanced from the following month or months, to pay capital appeal fees. Once capital appeals are paid, remaining funds designated for that month may be used to pay non-capital appeals. Fees shall be $40 per hour for out of court work and $60 for in court work, with a maximum of $3,500 per case for non-capital appeals. Fees shall be $50 per hour for out of court work and $75 per hour for in court work in capital appeals with a maximum of $10,000 per capital appeal. The appropriate appellate court shall review and approve vouchers for payment for appellate conflict cases. The Office of Appellate Defense shall continue to provide printing and other support functions currently provided from their resources. On June 30 of each year, the Office of Indigent Defense shall review all outstanding obligations in this fund. Any unspent and unobligated money shall be used to pay outstanding vouchers in the Death Penalty Trial Fund or the Conflict Fund, provided the designated fund has become exhausted during the year.
(35) Department of Corrections
Operating Funds for Four 256-Bed Additions 3,074,246
(36) Department of Probation, Parole and Pardon Services
(a) Offender Supervision - Furlough Program 233,892
(b) Increase Restitution Center Beds
to Requirement 40,842
(c) Information Technology Enhancements 210,000
(d) Offender Drug Testing 100,397
(e) Contract Bedspace 150,000
(37) Department of Juvenile Justice
(a) Smaller Decentralized Facilities 2,051,319
(b) Other Operating Expenses 1,133,423
(38) Commission on Minority Affairs
Men's Service Centers 34,609
(39) Legislative Information Systems
House of Representatives Repair/Refurbishing &
Licenses 100,000
(39.1) The funds appropriated to Legislative Information Systems, must be used only for the purpose of repair, spare parts, refurbishing, or replacement of components of the voting, sound, or video projection systems and license increases for the House of Representatives. Any unexpended funds in this category may be carried forward and used for the same purpose.
(40) Governor's Office - OEPP
(a) Governor's School at College of Charleston 100,000
(b) Protection & Advocacy for People
with Disabilities 125,400
(c) Veteran's Affairs - Korean War Memorial 200,000
(41) Secretary of State
Information Technology 600,000
(42) Adjutant General
(a) Emergency Preparedness State Match 451,260
(b) Scholarship Program Annualization 150,000
(c) Armory Operations 250,000
(43) Election Commission
Poll Managers Increase 683,760
(43.1) (Poll Managers Increase) Managers and clerks of state and county elections shall receive a per diem of $45.00; but managers must not be paid for more than two days for any election and clerks for not more than three days for any election. The commission may adjust the per diem of $45 for the managers and clerks of the statewide election to a higher level only to the extent that the appropriation for the statewide election is sufficient to bear the added cost of increasing the per diem and the cost of the statewide election.
(44) Budget and Control Board
Division of Executive Director
Statewide Performance Audit 150,000
(45) Budget and Control Board
Division of Operations
Capitol Complex Renovations 1,835,269
(46) Budget and Control Board
Division of Budget and Analyses
(a) Confederate Relic Room Rent Increase 208,518
(b) Geodetic Survey - State Ortho Mapping 100,000
(c) Geodetic Survey - State Boundary Program 100,000
(d) Leadership South Carolina 75,000
(46.1) (State Boundary Program) The funds appropriated in this item for State Boundary Mapping may not be used for county boundary determination. The funds must be used only for the State Boundary resolution between South and North Carolina.
(47) Budget and Control Board
Division of Regional Development
Salkehatchie Leadership Center 125,000
* (48) Budget and Control Board
Employee Benefits
FY 1997-98 Pay Plan Annualization 3,059,113
*Text printed in italic, boldface mark sections vetoed by the Governor June 30, 1999.
(49) Department of Education
(a) Homework Centers 500,000
(b) Laptop Computers for SAT Preparation
Pilot Project 1,000,000
(49.1) (Homework Centers) The $500,000 appropriated above for Homework Centers shall be used to fund a competitive grant program to be administered by the Department of Education for homework centers. Homework Centers shall provide assistance to students in understanding and completing their school work The grants may be made available to organizations exempt from taxation under Section 501(c)(3) of the Internal Revenue Code and operating in the geographical area of school districts which are not eligible for funds appropriated for Homework Centers on the basis of being an "impaired" school district for purposes of the Education Accountability Act. Not more than $40,000 shall be issued to grant applicants in the geographical area of a single school district. The Department of Education shall develop eligibility criteria for grant applicants. Preference shall be given to grant applicants: (1) serving socially and economically disadvantaged students, and (2) serving entire attendance zones within a school district.
(50) Department of Corrections
(a) Medical Expenses - Increase &
HIV Treatment 2,000,000
(b) Inmate Clothing, Pillows/Mattresses,
Legal Library 1,000,000
(c) Institutional Maintenance 1,000,000
(51) Department of Juvenile Justice
Smaller Decentralized Facilities 2,000,000
(52) Department of Public Safety
DMV Computer System 1,000,000
(53) Department of Insurance
Computer System - Year 2000 Compliance 3,500,000
(54) Budget and Control Board
Division of Regional Development
Local Government Grant Fund 2,894,806
(55) Department of Revenue
Electronic Document Processing System 1,000,000
(56) State Board for Technical & Comprehensive
Education Special Schools 8,500,000
(57) Commission on Higher Education
(a) Performance Funding Increase 7,198,894
(b) Competitive Research Grants Match 1,000,000
(c) Competitive Technology Grants Match 500,000
(d) GEAR-UP - 6th & 7th Higher Ed Awareness
Grant Match 1,000,000
(e) Need Based Grant Funds 500,000
(f) Access & Equity 500,000
(g) Academic Endowment Incentive 1,000,000
(58) University of South Carolina
Columbia Campus
Law Library 289,301
(59) S.C. State University
(a) Business School Accreditation 500,000
(b) DHEC Health & Safety Audit Compliance 1,000,000
(60) State Board for Technical & Comprehensive Education
Greenville TEC - Upstate Training Alliance Match 200,000
(61) Department of Archives & History
Microfilming of Historic County Records 100,000
(62) Department of Mental Health
(a) Sexual Predator Evaluation & Treatment
Program 4,017,161
(b) Juvenile Justice Lawsuit Subclass -
Medicaid Match 2,000,000
(c) Crisis Stabilization 1,000,000
(63) Department of Health & Human Services
(a) Medicaid - Dental Program Participation 900,000
(b) Medicaid - Hospitals 7,739,124
(64) Department of Alcohol & Other Drug Abuse Services
Rehabilitation Services - Medicaid Match 1,500,000
(65) The Senate
Legal Expenses 250,000
(66) House of Representatives
Legal Expenses 250,000
(67) School for the Deaf and Blind
(a) Accessibility & Safety
Facility Improvements 1,202,877
(b) Houston Hall - Electrical & A/C 588,500
(68) Department of Education
(a) Roper Mountain Science Center 2,000,000
(b) School Safety Officers 7,000,000
* (68.1) Funds appropriated to the Department of Education for School Safety Officers shall be allocated to the school districts based on the preceding year's average daily membership in grades 6-12. No local match is required. Funds not utilized by non-participating school districts shall be redistributed to participating districts. Local school districts may contract with local Police or Sheriff Departments to provide middle and high schools with commissioned public safety officers to serve in the schools. Funds shall not be used to hire school district employees.
*Text printed in italic, boldface mark sections vetoed by the Governor June 30, 1999.
(69) Department of Commerce
Self Genetics Center 3,500,000
(70) Budget and Control Board
Division of Regional Development
Water and Sewer for Newry 600,000
(71) State Board for Technical & Comprehensive Education
(a) Trident TEC - Industrial/Economic
Development Center 3,000,000
(b) Trident TEC - Electro-Mechanical
Lab Match 800,000
(72) Adjutant General
State Guard Equipment and Training 116,580
(73) Department of Health & Environmental Control
SC Beach Restoration & Improvement
Trust Fund 2,500,000
(74) Department of Health & Human Services
Beaufort Memorial Hospital/Jasper Primary
Care Complex 300,000
(75) State Board for Technical & Comprehensive Education
(a) Chesterfield-Marlboro TEC - Campus
Loop Road 180,000
(b) Spartanburg TEC - Student
Services Building 2,000,000
(76) Department of Agriculture
Anderson County Farmers' Market 100,000
(77) Department of Natural Resources
Walhalla State Fish Hatchery 75,000
(77.1) (Walhalla State Fish Hatchery) The Department of Natural Resources shall provide the funds authorized for the Walhalla State Fish Hatchery facility improvement only on the condition that matching funds of at least $225,000 have been obtained by the Department. The funds authorized shall lapse to the General Fund if the other specified funds are not available by June 30, 2000.
(78) Department of Parks, Recreation & Tourism
(a) H.C. Theater of the Republic Center 150,000
(b) H.L. Hunley 3,000,000
(c) Brown's Ferry Vessel/Rice Museum 150,000
(78.1) (H.L. Hunley) The three million dollars ($3,000,000) appropriated to the department must be used for the recovery, restoration, and renovation of the H.L. Hunley.
(79) S.C. State Museum
Observatory, Planetarium and Theatre 1,000,000
(80) Department of Transportation
Greenville Transit Authority 200,000
(81) Department of Education
Williamston Career Center Building Expansion 250,000
(82) University of South Carolina
Salkehatchie Campus
Campus Facility Upgrade 1,000,000
(83) Francis Marion University
Satellite Nursing Program 547,022
(84) University of South Carolina
Union Campus
Truluck Activities Center Renovation 200,000
(85) State Board for Technical & Comprehensive Education
Tri-County TEC - Health Sciences Building
Construction/Renovation 1,000,000
(86) S.C. State Museum
Lee County Cotton Museum 100,000
(87) Department of Commerce
(a) Columbia Conference Center 2,500,000
(b) Spartanburg Renaissance Project 2,000,000
(c) Landrum Alive Downtown Beautification 60,000
(88) Department of Archives & History
Sumter-Maysville Education Archives &
Historical Learning Center 315,000
(89) Department of Mental Health
Veteran's Nursing Home 3,500,000
(90) Department of Parks, Recreation & Tourism
Cherokee County Historical Museum & Fine
Arts Center 250,000
(91) Budget and Control Board
Division of Regional Development Anderson
County Broadway Lake Revitalization Project 100,000
(92) Department of Archives & History
Charleston County Courthouse/State House
Renovation 1,000,000
(93) SC State University
Federal Transportation Grant Match 600,000
(94) Adjutant General
Spartanburg National Guard Armory 1,000,000
TOTAL $227,405,375
SECTION 3. The appropriations in Section 2 of this part are listed in priority order beginning with item (1) and each separate appropriation item or subitem must be fully funded before the next item or subitem in order is paid. Unexpended funds appropriated pursuant to this part may be carried forward to succeeding fiscal years and expended for the same purposes.
SECTION 4. Except as otherwise stated, this part takes effect July 1, 1999, but no appropriation in Section 2 may be paid until after the Comptroller General closes the state's books on fiscal year 1998-99 and no such appropriation shall be available to state agencies until September 1, 1999. Appropriations contained in this part shall be posted in Fiscal Year 1999-2000.
All Acts or parts of Acts inconsistent with any of the provisions of Part I, Part III, or Part IV of this Act are hereby suspended for Fiscal Year 1999-2000.
All Acts or parts of Acts inconsistent with any of the provisions of Part II of this Act are hereby repealed.
Except as otherwise specifically provided herein, this Act shall take effect immediately upon its approval by the Governor.
Ratified the 24th day of June, 1999.
*Text printed in italic, boldface mark sections vetoed by the Governor June 30, 1999.
Unless otherwise stated, provisions not vetoed by the Governor took effect June 30, 1999.