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H*4800 Session 108 (1989-1990)
H*4800(Rat #0715, Act #0612 of 1990) General Bill, By House Ways and Means
General Appropriations Bill.-st
03/06/90 House Introduced, read first time, placed on calendar
without reference HJ-6
03/06/90 House Special order, set for Monday, March 12, 1990 at
2:00 p.m. HJ-2
03/12/90 House Amended HJ-41
03/12/90 House Debate interrupted HJ-53
03/13/90 House Amended HJ-61
03/13/90 House Debate interrupted HJ-74
03/14/90 House Amended HJ-11
03/14/90 House Debate interrupted HJ-50
03/15/90 House Amended HJ-16
03/15/90 House Debate interrupted HJ-85
03/16/90 House Amended HJ-11
03/16/90 House Read second time HJ-69
03/16/90 House Roll call Yeas-095 Nays-009 HJ-69
03/20/90 House Read third time and sent to Senate HJ-25
03/21/90 Senate Introduced and read first time SJ-7
03/21/90 Senate Referred to Committee on Finance SJ-10
05/09/90 Senate Committee report: Favorable with amendment Finance
05/15/90 Senate Amended SJ-15
05/15/90 Senate Debate interrupted SJ-22
05/16/90 Senate Debate interrupted SJ-27
05/21/90 Senate Amended SJ-11
05/21/90 Senate Debate interrupted SJ-42
05/22/90 Senate Amended SJ-19
05/22/90 Senate Read second time SJ-41
05/22/90 Senate Ordered to third reading with notice of
amendments SJ-41
05/23/90 Senate Amended SJ-35
05/23/90 Senate Debate interrupted SJ-49
05/24/90 Senate Amended SJ-76
05/24/90 Senate Debate interrupted SJ-83
05/25/90 Senate Amended SJ-28
05/25/90 Senate Debate interrupted SJ-183
05/26/90 Senate Amended SJ-2
05/26/90 Senate Read third time and returned to House with
amendments SJ-125
05/29/90 House Senate amendment amended HJ-2
05/29/90 House Returned to Senate with amendments HJ-6
05/29/90 Senate Non-concurrence in House amendment SJ-4
05/29/90 House House insists upon amendment and conference
committee appointed Reps. McLellan, Carnell &
Winstead HJ-32
05/30/90 Senate Conference committee appointed Sens. Waddell,
Setzler, Moore SJ-5
06/04/90 House Free conference powers granted HJ-47
06/04/90 House Free conference committee appointed McLellan,
Carnell & Winstead HJ-48
06/04/90 Senate Free conference powers granted SJ-29
06/04/90 Senate Free conference committee appointed Sens.
Waddell, Moore & Setzler SJ-29
06/06/90 Senate Free conference report received and adopted SJ-21
06/07/90 House Free conference report received and adopted HJ-7
06/07/90 House Ordered enrolled for ratification HJ-42
06/07/90 Ratified R 715
06/13/90 Certain items vetoed by Governor
06/19/90 House Veto sustained on certain items: Nos. 1-10 HJ-45
06/19/90 Act No. 612
06/19/90 See act for exception to or explanation of
effective date
07/26/90 Copies available
No. 612
(R715, H4800)
AN ACT TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE
STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 1990, AND FOR
OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER
PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL
YEAR; TO APPROPRIATE FUNDS ALLOTTED TO THE STATE GOVERNMENT UNDER THE
PUBLIC WORKS EMPLOYMENT ACT OF 1976 (FEDERAL); TO AMEND SECTION
12-27-390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
DISTRIBUTION OF ONE-HALF OF ONE PERCENT OF THE GASOLINE TAX REVENUES
TO THE CREDIT OF THE WATER RECREATIONAL RESOURCES FUND OF THE STATE
TREASURY, SO AS TO PROVIDE THAT UP TO TWENTY-FIVE PERCENT OF
DISTRIBUTIONS TO COUNTIES FROM THE FUND MAY BE USED FOR CAPITAL
IMPROVEMENTS FOR RECREATIONAL PURPOSES; TO AMEND SECTIONS 12-7-20 AND
12-16-20, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE
STATE INCOME AND ESTATE TAX, SO AS TO UPDATE THE REFERENCE DATE OF
THIS STATE'S ADOPTION OF VARIOUS PROVISIONS OF THE INTERNAL REVENUE
CODE OF 1986; AND TO AMEND SECTION 12-9-390, RELATING TO THE
REQUIREMENTS ON STATE INCOME TAX WITHHOLDING AGENTS, SO AS TO UPDATE
THE REFERENCE DATE OF THE INTERNAL REVENUE CODE OF 1986 USED FOR
PURPOSES OF STATE INCOME TAX WITHHOLDING; TO AMEND SECTION 12-21-2720,
AS AMENDED, RELATING TO THE LICENSE FEES FOR COIN-OPERATED DEVICES, SO
AS TO RAISE THE ANNUAL LICENSE FEE FOR MACHINES OF THE NONPAYOUT TYPE,
IN-LINE PIN GAME, OR VIDEO GAME WITH A FREE PLAY FEATURE FROM SIX
HUNDRED TO ONE THOUSAND FIVE HUNDRED DOLLARS; TO AMEND SECTION
44-93-160, RELATING TO THE FEES ON COMMERCIAL TREATMENT OF INFECTIOUS
WASTE, SO AS TO INCREASE THE FEES; TO AMEND SECTION 44-93-170,
RELATING TO THE INFECTIOUS WASTE CONTINGENCY FUND, SO AS TO PROVIDE
THAT THE FUND AMOUNT AFTER WHICH TWO-THIRDS OF THE INFECTIOUS WASTE
TREATMENT FEE MUST BE CREDITED TO THE INFECTIOUS WASTE CONTINGENCY
FUND IS INCREASED FROM ONE MILLION TO FIVE MILLION DOLLARS; TO AMEND
THE 1976 CODE BY ADDING SECTION 44-93-210 SO AS TO REQUIRE THE
DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO  ANNUALLY ESTIMATE
THE AMOUNT OF INFECTIOUS WASTE TO BE GENERATED IN THIS STATE AND TO
PLACE A ONE-TWELFTH OF THE ANNUAL ESTIMATE LIMIT ON THE QUANTITY OF
INFECTIOUS WASTE THAT MAY BE BURNED IN A MONTH BY A LICENSED
COMMERCIAL WASTE INCINERATOR SUBJECT TO A FIFTEEN HUNDRED TON A MONTH
MINIMUM BURNING ALLOWANCE, TO EXEMPT IN-STATE HOSPITAL AND NONPROFIT
GENERATED WASTES, TO DEFINE PERMITTED COMMERCIAL INFECTIOUS WASTE
INCINERATOR FACILITY, TO MAKE SPECIAL PROVISION FROM JULY THROUGH
DECEMBER, 1990, AND TO AUTHORIZE AN INCREASE IN THE FEES FOR BURNING
INFECTIOUS WASTE WHERE THE LIMITATIONS PER MONTH ON THE TONNAGE OF
WASTE WHICH MAY BE BURNED ARE UNLAWFULLY VIOLATED, AND TO PROVIDE THAT
THE INCREASED FEE MUST BE DEPOSITED IN THE INFECTIOUS WASTE
CONTINGENCY FUND; TO REPEAL SECTION 59-101-190 OF THE 1976 CODE,
RELATING TO THE DEAN'S COMMITTEE ON MEDICAL DOCTOR EDUCATION; TO AMEND
SECTION 59-26-20, AS AMENDED, RELATING TO THE DUTIES OF THE STATE
BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION, SO AS TO
ESTABLISH THE GOVERNOR'S TEACHING SCHOLARSHIP LOAN PROGRAM FOR THE
HIGHER EDUCATION OF TALENTED AND QUALIFIED RESIDENTS OF THIS STATE WHO
AGREE TO TEACH IN THE PUBLIC SCHOOLS OF THIS STATE, TO ESTABLISH
REQUIREMENTS FOR THE EXECUTION OF THE LOAN AGREEMENTS, TO PROVIDE FOR
THE ADMINISTRATION OF THE PROGRAM, TO PROVIDE FOR APPROPRIATIONS FOR
THE PROGRAM, AND FOR THE USE OF THE FUNDS GENERATED BY REPAYMENT, TO
PROVIDE FOR THE CANCELLATION OF TWENTY PERCENT OF THE DEBT FOR EACH
COMPLETED YEAR OF TEACHING, TO PROVIDE FOR WHEN THE LOAN BECOMES DUE
AND PAYABLE FOR NONCOMPLIANCE WITH ITS TERMS, AND TO DEFINE TALENTED
AND QUALIFIED RESIDENTS AS FRESHMEN STUDENTS GRADUATING IN THE TOP TEN
PERCENTILE OF THEIR HIGH SCHOOL CLASS, OR WHO RECEIVE A COMBINED
SCHOLASTIC APTITUDE TEST SCORE OF AT LEAST ELEVEN HUNDRED, AND AS
ENROLLED STUDENTS WHO HAVE COMPLETED ONE YEAR (TWO SEMESTERS OR THE
EQUIVALENT) OF COLLEGIATE WORK AND WHO HAVE EARNED A CUMULATIVE GRADE
POINT AVERAGE OF AT LEAST A 3.5 ON A 4.0 SCALE, AND TO REQUIRE LOAN
RECIPIENTS TO MAINTAIN AT LEAST A 3.0 GRADE POINT AVERAGE ON A 4.0
SCALE TO REMAIN ELIGIBLE FOR THE LOAN; TO AMEND SECTION 1-1-1020,
RELATING TO THE AUTHORITY OF THE DIVISION OF GENERAL SERVICES OF THE
STATE BUDGET AND CONTROL BOARD TO PURCHASE EQUIPMENT FOR RENT, LEASE,
OR RESALE TO STATE AGENCIES, SO AS TO INCREASE THE AMOUNT THE DIVISION
MAY BORROW FOR THESE PURPOSES FROM THE STATE INSURANCE RESERVE FUND
FROM TWENTY-FIVE TO THIRTY-FIVE MILLION DOLLARS, AND TO PROVIDE THAT
THESE LOANS MAY NOT BE IN AN AMOUNT THAT JEOPARDIZES THE ACTUARIAL
SOUNDNESS OF THE FUND; TO AMEND CHAPTER 11, TITLE 8 OF THE 1976 CODE,
RELATING TO STATE OFFICERS AND EMPLOYEES, BY ADDING ARTICLE 11, SO AS
TO ESTABLISH THE STATE EMPLOYEE PAY PLAN; TO AMEND THE 1976 CODE BY
ADDING SECTION 1-11-26 SO AS TO REQUIRE GRANT FUNDS RECEIVED BY A
COUNTY, MUNICIPALITY, POLITICAL SUBDIVISION, OR OTHER ENTITY FROM THE
LOCAL GOVERNMENT DIVISION OF THE STATE BUDGET AND CONTROL BOARD TO BE
DEPOSITED IN A SEPARATE FUND, TO PROVIDE THAT DISBURSEMENTS MAY BE
MADE ONLY ON THE WRITTEN AUTHORIZATION OF THE PERSON WHO SIGNED THE
GRANT APPLICATION OR HIS SUCCESSOR, TO PROVIDE PENALTIES FOR
VIOLATIONS, TO PROVIDE THAT IT IS NOT A DEFENSE TO AN INDICTMENT UNDER
THIS SECTION THAT GRANT FUNDS WERE USED FOR OTHER GOVERNMENTAL
PURPOSES OR THAT THE PURPOSES OF THE GRANT WERE MET BY OTHER FUNDS,
AND TO REQUIRE THE DIVISION TO FURNISH A COPY OF THIS SECTION TO
GRANTEES; TO AMEND SECTION 42-7-67, RELATING TO DISABILITY AND MEDICAL
BENEFITS FOR MEMBERS OF THE STATE AND NATIONAL GUARD, SO AS TO PROVIDE
FOR THE COORDINATION OF STATE AND FEDERAL BENEFITS; TO AMEND SECTION
42-7-75, AS AMENDED, RELATING TO THE PAYMENT OF WORKERS' COMPENSATION
PREMIUMS BY STATE AGENCIES AND THE STATE TREASURER'S DUTIES PERTAINING
TO THE WORKERS' COMPENSATION FUND, SO AS TO PROVIDE FOR THE METHOD OF
DETERMINING PREMIUMS FOR THE STATE AND NATIONAL GUARD; TO AMEND
SECTION 42-15-40, RELATING TO THE TIME FOR FILING A WORKERS'
COMPENSATION CLAIM, SO AS TO PROVIDE FOR THE TIME LIMIT FOR A CLAIM BY
A MEMBER OF THE NATIONAL GUARD; AND TO AMEND SECTION 42-19-10, AS
AMENDED, RELATING TO AN EMPLOYEE'S RECORD AND REPORT OF INJURIES, SO
AS TO PROVIDE FOR THE RECORD AND REPORT OF A MEMBER OF THE NATIONAL
GUARD; TO AMEND SECTION 48-28-100, RELATING TO THE FOREST RENEWAL
FUND, SO AS TO LIMIT NEW FUNDING AGREEMENTS AND TO ALLOW PAYMENT IN A
FISCAL YEAR OF CONTRACTUAL REQUIREMENTS WHICH EXCEED THE LIMITATION;
TO AMEND SECTION 40-7-115, AS AMENDED, RELATING TO THE REQUIREMENTS
FOR BARBER TRAINING IN A SHOP, SO AS TO ESTABLISH AN EXAMINATION FEE
AND AN ANNUAL INSTRUCTOR'S FEE IN THE AMOUNT OF FIFTY DOLLARS, TO
REQUIRE RENEWAL AS OF JUNE THIRTIETH OF EACH YEAR, AND TO DELETE
REFERENCES TO FEES PROMULGATED BY REGULATION; TO AMEND SECTION
35-1-20, RELATING TO DEFINITIONS IN REGARD TO THE UNIFORM SECURITIES
ACT, SO AS TO DEFINE THE TERM "INVESTMENT ADVISER
REPRESENTATIVE", TO AMEND SECTION 35-1-310, RELATING TO EXEMPT
SECURITIES, SO AS TO FURTHER PROVIDE FOR CERTAIN SECURITIES WHICH ARE
EXEMPT, TO AMEND SECTIONS 35-1-420, 35-1-440, 35-1-510, 35-1-520,
35-1-550, 35-1-560, 35-1-570, AND 35-1-580, RELATING TO THE
REGISTRATION OF BROKER-DEALERS, AGENTS, INVESTMENT ADVISERS, AND
CERTAIN PROCEDURES FOR AND REQUIREMENTS OF REGISTRATION, SO AS TO
FURTHER PROVIDE FOR THESE REGISTRATION REQUIREMENTS AND FOR THE
REGISTRATION OF INVESTMENT ADVISER REPRESENTATIVES, TO AMEND SECTION
35-1-480, RELATING TO REGISTRATION FEES, SECTION 35-1-900, RELATING TO
FILING FEES FOR REGISTRATION STATEMENTS, AND SECTION 35-1-980,
RELATING TO AMENDED REGISTRATION STATEMENTS AND THE FILING FEES FOR
THE AMENDED STATEMENTS, SO AS TO REVISE THESE FEES; TO AMEND SECTION
16-3-1180, AS AMENDED, RELATING TO THE AMOUNT OF CRIME VICTIM AWARDS,
SO AS TO AUTHORIZE THE PAYMENT FOR MENTAL HEALTH COUNSELING SESSIONS
FOR THE NUMBER OF SESSIONS WITHIN THE NINETY-DAY-PERIOD OR FIFTEEN
SESSIONS, WHICHEVER IS GREATER; TO AMEND THE 1976 CODE BY ADDING
SECTION 61-9-626 SO AS TO PROVIDE THAT WINE PRODUCED OUTSIDE THE
STATE, WHICH HAS NOT BEEN APPROVED OR LICENSED FOR SALE OR
DISTRIBUTION IN THIS STATE, MAY BE SOLD IN SOUTH CAROLINA PURSUANT TO
SPECIFIED PROCEDURES; TO AMEND THE 1976 CODE BY ADDING SECTION
12-54-250 SO AS TO AUTHORIZE THE SOUTH CAROLINA TAX COMMISSION TO
REQUIRE PAYMENTS OF TWENTY THOUSAND DOLLARS OR MORE DUE ON A RETURN TO
BE PAID BY A METHOD IN WHICH THE FUNDS ARE AVAILABLE IMMEDIATELY TO
THE STATE, TO REQUIRE A TAXPAYER TO PROVIDE THE COMMISSION WITH
EVIDENCE OF THE PAYMENT, TO PROVIDE FOR PENALTIES AND INTEREST ON
NONTIMELY PAYMENTS, TO AUTHORIZE THE COMMISSION TO ESTABLISH LATER DUE
DATES, TO AUTHORIZE THE COMMISSION AND THE STATE TREASURER TO
PROMULGATE REGULATIONS AND PRESCRIBE RULES AND PROCEDURES TO IMPLEMENT
THE PAYMENT METHOD, AND TO PROVIDE THAT PAYMENT IN IMMEDIATELY
AVAILABLE FUNDS AND FILING OF THE RETURN ARE CONSIDERED SIMULTANEOUS
ACTS FOR PURPOSES OF PENALTIES AND INTEREST FOR FAILURE TO PAY AND
FAILURE TO FILE AND PROVIDE THAT PENALTIES AND INTEREST MUST BE
CALCULATED BASED ON THE LATER OF THE RETURN POSTMARK DATE OR PAYMENT
DATE; TO AMEND SECTION 23-1-65, RELATING TO APPLICATION FEES FOR
APPOINTMENT AS A STATE CONSTABLE, SO AS TO PROVIDE THAT NO FEES ARE
REQUIRED OF LAW ENFORCEMENT OFFICERS WHO HAVE RETIRED BECAUSE OF
DISABILITY OR WHO RETIRED WITH TWENTY-FIVE OR MORE YEARS OF CREDITABLE
SERVICE; TO DECLARE THAT THIS STATE IS AN "ECONOMIC
PRESENCE" STATE FOR PURPOSES OF THE USE TAX NEXUS AND TO
AUTHORIZE THE SOUTH CAROLINA TAX COMMISSION TO ENTER INTO AN AGREEMENT
IN COOPERATION WITH OTHER STATES TO PROVIDE A MORATORIUM ON THE
REGISTRATION AND TREATMENT OF PRIOR TAX LIABILITIES FOR DIRECT
MARKETING COMPANIES FOR PURPOSES OF THE USE TAX; TO AMEND SECTION 35,
PART II, ACT 189 OF 1989, THE GENERAL APPROPRIATIONS ACT FOR 1989-90,
RELATING TO THE SOUTH CAROLINA MEDICALLY INDIGENT ASSISTANCE ACT, SO
AS TO PROVIDE THAT IF FEDERAL REGULATIONS PROHIBIT THE USE OF LICENSED
HOSPITAL TAX REVENUES FOR MEDICAID, THE MEDICAID EXPANSION FUND IS
SUSPENDED FROM THE EFFECTIVE DATE OF THE REGULATION; TO AMEND SECTION
12-27-1320, AS AMENDED, RELATING TO CONTRACT OBJECTIVES FOR BUSINESSES
OWNED AND CONTROLLED BY SOCIALLY AND ECONOMICALLY DISADVANTAGED
INDIVIDUALS AND FEMALES SO AS TO PROVIDE THAT THE DEPARTMENT OF
HIGHWAYS AND PUBLIC TRANSPORTATION SHALL MEET THOSE OBJECTIVES THROUGH
DIRECT CONTRACTS, TO PROVIDE THAT THE DEPARTMENT ISSUE AN ANNUAL
REPORT, AND TO PROVIDE DEVELOPMENTAL PROGRAMS FOR PARTICIPATING FIRMS;
TO AMEND SECTION 59-6-20 OF THE 1976 CODE, RELATING TO THE PUBLIC
ACCOUNTABILITY DIVISION WITHIN THE DEPARTMENT OF EDUCATION, SO AS TO
CHANGE THE ELIMINATION DATE OF THE DIVISION; TO AMEND SECTION
59-18-20, RELATING TO THE COMPETITIVE SCHOOL INNOVATION GRANTS
PROGRAM, SO AS TO CLARIFY THE GRANTS TO BE FUNDED; TO AMEND SECTION
56-5-2940, AS AMENDED, RELATING TO THE PENALTIES FOR DRIVING UNDER THE
INFLUENCE OF ALCOHOL OR DRUGS, SO AS TO PROVIDE THAT THE FIRST TWO
HUNDRED FIFTY DOLLARS OF THE MANDATORY FINES IMPOSED FOR SECOND AND
THIRD OFFENSE CONVICTION OF DRIVING UNDER THE INFLUENCE MUST BE
REMITTED TO THE VICTIMS' COMPENSATION FUND; TO AMEND SECTION 59, PART
II, ACT 189 OF 1989, THE GENERAL APPROPRIATIONS ACT FOR 1989-90,
RELATING TO THE AUTHORITY OF THE SOUTH CAROLINA COORDINATING COUNCIL
FOR ECONOMIC DEVELOPMENT TO EXPEND A MAXIMUM OF ONE MILLION DOLLARS TO
STUDY COMPUTER INFRASTRUCTURE NEEDS OF STATE GOVERNMENT, SO AS TO
AUTHORIZE THE COUNCIL TO UNDERTAKE ADDITIONAL STUDIES WITH THE
PREVIOUSLY ALLOCATED FUNDING; TO AMEND SECTION 24-3-410, RELATING TO
THE PROHIBITION ON THE SALE OF PRODUCTS MANUFACTURED OR PRODUCED BY
PRISON LABOR AND THE EXCEPTIONS TO THE PROHIBITION, SO AS TO EXEMPT
PRODUCTS PRODUCED BY INMATES OF THE SOUTH CAROLINA DEPARTMENT OF
CORRECTIONS EMPLOYED IN A FEDERALLY CERTIFIED PRIVATE SECTOR PRISON
INDUSTRIES PROGRAM IF THE WORKERS PARTICIPATE VOLUNTARILY, RECEIVE
COMPARABLE WAGES, AND THE WORK PERFORMED DOES NOT DISPLACE EMPLOYED
WORKERS; TO AMEND SECTION 12-54-55, RELATING TO INTEREST ON
UNDERPAYMENTS OF ESTIMATED STATE INCOME TAXES, SO AS TO PROVIDE THAT
NO INTEREST OR PENALTY IS DUE FOR UNDERPAYMENTS ATTRIBUTABLE TO
PERSONAL SERVICE INCOME EARNED IN ANOTHER STATE ON WHICH WAS WITHHELD
INCOME TAX DUE THAT STATE; TO AMEND SECTION 8-21-310, AS AMENDED,
RELATING TO FEES PAID TO CLERKS OF COURT AND REGISTERS OF MESNE
CONVEYANCES, SO AS TO INCREASE THE FILING FEE FOR A FIRST COMPLAINT OR
PETITION IN A CIVIL ACTION OR PROCEEDING IN A COURT OF RECORD FROM
THIRTY-FIVE TO FIFTY DOLLARS, AND TO PROVIDE THAT THE INCREASE IN THIS
FILING FEE MUST BE TRANSMITTED TO THE STATE FOR DEPOSIT TO THE CREDIT
OF THE GENERAL FUND OF THE STATE; TO AMEND SECTION 44-7-84, RELATING
TO THE MAXIMUM NUMBER OF MEDICAID PATIENT DAYS FOR MEDICAID NURSING
HOME PERMITS, SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND
ENVIRONMENTAL CONTROL TO ASSESS EACH NURSING HOME AN ANNUAL FEE FOR
THE ISSUANCE AND ADMINISTRATION OF THE MEDICAID DAYS PERMIT PROGRAM
AND PROVIDE FOR DEPOSIT OF THE FEE, EXEMPTIONS, REPORTING
REQUIREMENTS, AND EXPIRATION OF THE FEE; TO AMEND ACT 197 OF 1989,
RELATING TO AMENDMENTS TO VARIOUS WORKERS' COMPENSATION STATUTES, SO
AS TO DELAY UNTIL JULY 1, 1991, THE EFFECTIVE DATE OF THE AMENDMENT TO
SECTION 42-17-50 OF THE 1976 CODE REDUCING THE APPLICATION FEES FOR
REVIEW AND REHEARINGS; TO AMEND SECTION 56-5-4160, AS AMENDED,
RELATING TO THE WEIGHING OF VEHICLES AND LOADS BY THE DEPARTMENT OF
HIGHWAYS AND PUBLIC TRANSPORTATION AND PENALTIES, SO AS TO PROVIDE FOR
SEPARATE CRIMINAL OFFENSES AND PENALTIES FOR AXLE WEIGHT VIOLATIONS
AND EXCESS GROSS WEIGHT VIOLATIONS, THAT MAGISTRATES HAVE JURISDICTION
OF VIOLATIONS OF THIS SECTION, AND FOR A SEPARATE UNIFORM CITATION TO
BE USED BY THE SIZE AND WEIGHT DIVISION FOR VIOLATIONS; TO AMEND
SECTION 2-7-105, RELATING TO THE YEARS WHEN CAPITAL IMPROVEMENT BONDS
MAY BE AUTHORIZED, SO AS TO PROVIDE THAT BONDS MAY BE AUTHORIZED IN
ODD RATHER THAN EVEN-NUMBERED YEARS; TO AMEND THE 1976 CODE BY ADDING
SECTION 44-7-345 SO AS TO PROHIBIT LICENSED COMMUNITY RESIDENTIAL CARE
FACILITIES RECEIVING PUBLIC FUNDS FROM DENYING ADMISSIONS OR SERVICES
BASED ON RACE, COLOR, NATIONAL ORIGIN, QUALIFIED HANDICAP, SEX, OR
AGE; TO AMEND THE 1976 CODE BY ADDING SECTION 1-19-270 SO AS TO
PROVIDE FOR THE DISTRIBUTION OF "A DIRECTORY OF STATE BOARDS,
COMMISSIONS, DEPARTMENTS, AGENCIES, AND COMMITTEES" BY THE
REORGANIZATION COMMISSION AND FOR THE REVENUE IT GENERATES; TO AMEND
SECTION 56-3-840, RELATING TO THE DELINQUENT REGISTRATION AND
LICENSING OF MOTOR VEHICLES, SO AS TO EXEMPT CERTAIN CAMPERS AND
TRAVEL TRAILERS; TO AMEND SECTIONS 56-3-376 AND 56-3-660, AS AMENDED,
RELATING TO REGISTRATION AND LICENSING OF TRUCKS, TRAILERS, AND
SEMITRAILERS, SO AS TO CHANGE REGISTRATION AND LICENSING DATES OF
CERTAIN MOTOR VEHICLES; TO AMEND THE 1976 CODE BY ADDING SECTION
8-11-46 SO AS TO PROVIDE THAT AN EMPLOYEE OF A STATE AGENCY
TRANSFERRING TO A SCHOOL DISTRICT OF THIS STATE OR A SCHOOL DISTRICT
EMPLOYEE TRANSFERRING TO A STATE AGENCY IS PERMITTED TO TRANSFER TO
AND RETAIN AT HIS NEW EMPLOYER ALL SICK LEAVE HE ACCUMULATED AT HIS
FORMER EMPLOYER REGARDLESS OF HIS EMPLOYMENT STATUS AT THE NEW
EMPLOYER; TO AMEND SECTION 44-7-130, AS AMENDED, RELATING TO
DEFINITIONS USED IN THE STATE CERTIFICATION OF NEED AND HEALTH
FACILITY LICENSURE ACT, SO AS TO REVISE THE DEFINITION OF
"HOSPITAL" TO INCLUDE RESIDENTIAL TREATMENT FACILITIES FOR
CHILDREN AND ADOLESCENTS IN NEED OF MENTAL HEALTH TREATMENT WHEN THE
FACILITIES ARE PHYSICALLY A PART OF A LICENSED PSYCHIATRIC HOSPITAL
AND TO PROVIDE THAT THIS DEFINITION DOES NOT INCLUDE FACILITIES
LICENSED BY THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES; TO
AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND
UP TO FOUR HUNDRED SEVENTY-FIVE THOUSAND DOLLARS OF THE FUNDS MADE
AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT
FOR A COMMISSION OFFICE IN ABBEVILLE; TO AMEND SECTION 57-5-70,
RELATING TO THE ACCEPTANCE OF ROADS IN THE VARIOUS COUNTY ROAD SYSTEMS
INTO THE STATE HIGHWAY SECONDARY SYSTEM, SO AS TO PROVIDE THAT THE
DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, UPON APPROVAL BY A
MAJORITY OF A COUNTY LEGISLATIVE DELEGATION, MUST ACCEPT AN AMOUNT NOT
TO EXCEED THREE MILES OF CERTAIN ROADS INTO THE STATE HIGHWAY
SECONDARY SYSTEM, AND ALLOW THE DEPARTMENT TO DEDUCT EACH YEAR FROM
"C" FUNDS AN AMOUNT NECESSARY TO MAINTAIN THE ROADS FOR FIVE
YEARS; TO AMEND SECTION 12-27-400, AS AMENDED, RELATING TO THE
DISTRIBUTION AND USE OF THE ADDITIONAL GASOLINE TAX IMPOSED BY SECTION
12-27-240, SO AS TO PROVIDE FOR NOTIFICATION TO COUNTY LEGISLATIVE
DELEGATIONS AS TO THE BALANCE OF UNEXPENDED "C" FUNDS FROM
THE PREVIOUS FISCAL YEAR, AND PROVIDE THAT ALL UNEXPENDED
"C" FUND MONIES MUST REMAIN IN THAT ACCOUNT FOR THE
SUCCEEDING FISCAL YEAR AND MUST BE EXPENDED AS PROVIDED FOR IN SECTION
12-27-400; TO AMEND ACT 97 OF 1989, RELATING TO ENACTMENT OF THE
"STATE CONTINUING CARE RETIREMENT COMMUNITY ACT", SO AS TO
CHANGE THE EFFECTIVE DATE FROM JULY 1, 1990, TO JULY 1, 1991; TO AMEND
THE 1976 CODE BY ADDING SECTION 4-9-34 SO AS TO AUTHORIZE THE CREATION
OF A SPECIAL TAX DISTRICT AND PROVIDE FOR ITS PURPOSES; TO AMEND
SECTION 44-56-210, RELATING TO THE ASSIGNMENT OF HEALTH INSPECTORS
UNDER THE "SOUTH CAROLINA HAZARDOUS WASTE MANAGEMENT ACT",
SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL
CONTROL SHALL, IN ITS DISCRETION, ASSIGN NOT MORE THAN TWO FULL-TIME
HEALTH INSPECTORS TO SERVE AT EACH COMMERCIAL HAZARDOUS WASTE
TREATMENT, STORAGE, AND DISPOSAL FACILITY IN ORDER TO PROTECT THE
PUBLIC HEALTH AND SAFETY AND TO PROVIDE THAT FOR ANY FACILITIES TO
WHICH A FULL-TIME INSPECTOR IS NOT ASSIGNED, THERE MUST BE ONE OR MORE
INSPECTORS WHO SHALL MONITOR THE FACILITIES ON A ROTATING BASIS; TO
AMEND TITLE 12 OF THE 1976 CODE, RELATING TO TAXATION BY ADDING
CHAPTER 36 SO AS TO ENACT THE SOUTH CAROLINA SALES AND USE TAX ACT; TO
DELETE THE SALES TAX EXEMPTION FOR DEPARTMENT OF CORRECTIONS CANTEEN
SALES; TO PROVIDE THAT THE SALES TAX DISCOUNT FOR TIMELY-FILED RETURNS
APPLIES TO THE LOCAL SALES AND USE TAX; TO PROVIDE THAT THE IMPOSITION
OF THE LOCAL SALES AND USE TAX MUST NOT BE TAKEN INTO ACCOUNT FOR
PURPOSES OF PAYMENT OF ESTIMATED SALES TAXES; TO AMEND TITLE 6,
RELATING TO LOCAL GOVERNMENT PROVISIONS, BY ADDING CHAPTER 4 SO AS TO
PROVIDE FOR THE ALLOCATION OF ACCOMMODATIONS TAX REVENUES; TO AMEND
CHAPTER 21, TITLE 59, RELATING TO STATE AID FOR SCHOOLS, BY ADDING
ARTICLE 9 SO AS TO PROVIDE FOR THE DISTRIBUTION OF SALES, USE, AND
CASUAL EXCISE TAXES FOR SCHOOLS; TO PRESCRIBE THE DUTIES OF THE CODE
COMMISSIONER IN THE CODIFICATION OF THIS ACT; TO PROVIDE THAT, WHERE
APPROPRIATE, REFERENCES TO THE FORMER SALES AND USE TAX LAW ARE
CONSIDERED REFERENCES TO THE CHAPTER ADDED BY THIS ACT; AND TO REPEAL
CHAPTER 35, TITLE 12 OF THE 1976 CODE, RELATING TO SALES, USE,
ACCOMMODATIONS, AND CASUAL EXCISE TAXES; TO AMEND THE 1976 CODE BY
ADDING SECTION 12-7-340 SO AS TO DEFINE CONDITIONS WHICH REQUIRE
INTERSTATE MOTOR CARRIERS DOING DE MINIMIS BUSINESS IN THIS STATE TO
FILE RETURNS AND PAY INCOME TAXES AND TO PROVIDE THAT THEY MAY MAKE
RETURNS AND PAY TAXES DUE PLUS INTEREST FOR THE TAX YEARS 1987, 1988,
AND 1989.
Be it enacted by the General Assembly of the State of South Carolina:
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