H 3049 General Bill, By Townsend, Bailey, Cooper, Moody-Lawrence and Stuart
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 59-1-315 SO AS TO ESTABLISH THE SOUTH CAROLINA EDUCATION MAINTENANCE FUND INTO
 WHICH CERTAIN SALES AND USE, ALCOHOLIC LIQUOR, BEER AND WINE, SOFT DRINKS, AND
 LOW-LEVEL RADIOACTIVE WASTE TAX REVENUES MUST BE DEPOSITED AND FROM WHICH THE
 GENERAL ASSEMBLY SHALL ANNUALLY AUTHORIZE EXPENDITURES SOLELY FOR EDUCATION
 FINANCE ACT AND K-12 PURPOSES; AND TO AMEND SECTIONS 12-33-30 AND 12-33-50,
 BOTH AS AMENDED, RELATING TO ALCOHOLIC BEVERAGE TAXES, SECTION 48-48-140, AS
 AMENDED, RELATING IN PART TO LOW-LEVEL RADIOACTIVE WASTE TAXES, SECTION
 59-21-1010, AS AMENDED, RELATING TO CERTAIN SALES AND USE TAXES, AND SECTION
 61-13-520, RELATING TO REVENUES FROM ALCOHOLIC BEVERAGE VIOLATIONS, SO AS TO
 PROVIDE THAT THESE TAXES OR REVENUES OR A SPECIFIED PORTION THEREOF MUST BE
 DEPOSITED TO THE CREDIT OF THE SOUTH CAROLINA EDUCATION MAINTENANCE FUND.

   12/11/96  House  Prefiled
   12/11/96  House  Referred to Committee on Ways and Means
   01/14/97  House  Introduced and read first time HJ-29
   01/14/97  House  Referred to Committee on Ways and Means HJ-30

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-315 SO AS TO ESTABLISH THE SOUTH CAROLINA EDUCATION MAINTENANCE FUND INTO WHICH CERTAIN SALES AND USE, ALCOHOLIC LIQUOR, BEER AND WINE, SOFT DRINKS, AND LOW-LEVEL RADIOACTIVE WASTE TAX REVENUES MUST BE DEPOSITED AND FROM WHICH THE GENERAL ASSEMBLY SHALL ANNUALLY AUTHORIZE EXPENDITURES SOLELY FOR EDUCATION FINANCE ACT AND K-12 PURPOSES; AND TO AMEND SECTIONS 12-33-30 AND 12-33-50, BOTH AS AMENDED, RELATING TO ALCOHOLIC BEVERAGE TAXES, SECTION 48-48-140, AS AMENDED, RELATING IN PART TO LOW-LEVEL RADIOACTIVE WASTE TAXES, SECTION 59-21-1010, AS AMENDED, RELATING TO CERTAIN SALES AND USE TAXES, AND SECTION 61-13-520, RELATING TO REVENUES FROM ALCOHOLIC BEVERAGE VIOLATIONS, SO AS TO PROVIDE THAT THESE TAXES OR REVENUES OR A SPECIFIED PORTION THEREOF MUST BE DEPOSITED TO THE CREDIT OF THE SOUTH CAROLINA EDUCATION MAINTENANCE FUND.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 59-1-315. There is established the `South Carolina Education Maintenance Fund'. The State Treasurer shall deposit revenues received pursuant to Sections 12-33-30, 12-33-50, 48-48-140(C), 59-21-1010(A) and 61-13-520 in the fund in the manner stipulated in this section. All interest or income earned by the fund must be retained in it and used for its stated purposes. The General Assembly in the annual general appropriations act shall annually authorize expenditures from the fund solely for Education Finance Act and K-12 purposes."

SECTION 2. Section 12-33-30 of the 1976 Code, as last amended by Section 22H, Part II, Act 171 of 1991, is further amended to read:

"Section 12-33-30. The taxes levied by this chapter must be paid to and collected by the commission department and, when collected, must be deposited to the credit of the general fund of the State, except that sixty percent of which must be credited for public school use to the South Carolina Education Maintenance Fund."

SECTION 3. Section 12-33-50 of the 1976 Code, as last amended by Section 22I, Part II, Act 171 of 1991, is further amended to read:

"Section 12-33-50. A sum derived from the violation of the condition of a bond or deposit required in this chapter must be paid to the commission department for deposit to the credit of the general fund of the State, except that sixty-five percent of which must be credited to the special school account South Carolina Education Maintenance Fund."

SECTION 4. Section 48-48-140(C) of the 1976 Code, as last amended by Section 4, Part II, Act 458 of 1996, is further amended to read:

"(C) An amount equal to six dollars a cubic foot of each cubic foot of waste disposed of in this State must be allocated to the Education Finance Act until such time as the program is fully funded South Carolina Education Maintenance Fund. All remaining revenues collected pursuant to this section must be allocated as follows: ninety-five percent of the revenues collected pursuant to this section must be credited to the Children's Education Endowment, a fund separate and distinct from the general fund of the State, in the manner provided by law, and the remaining revenues must be remitted by the State Treasurer to the governing body of Barnwell County for distribution to each of the parties to and beneficiaries of the order of the United States District Court in C.A. No. 1:90-2912-6 on the same schedule of allocation as is established within that order for the distribution of `payments in lieu of taxes' paid by the United States Department of Energy."

SECTION 5. Section 59-21-1010(A) of the 1976 Code, as last amended by Section 74C, Act 612 of 1990, is further amended to read:

"(A) The revenue derived from Sections 12-36-2620(1) and 12-36-2630(1) must be remitted to the State Treasurer to be credited to the state public school building fund for the purposes provided for in Article 3 of Chapter 21 of Title 59 and any sum above that amount must be placed to the credit of the general fund of the State and must be used for school purposes only South Carolina Education Maintenance Fund."

SECTION 6. Section 61-13-520 of the 1976 Code is amended to read:

"Section 61-13-520. All penalties provided for in Sections 61-13-500 and 61-13-510 shall must be paid into the State Treasury for credit to the general fund of the State for public school use credited to the South Carolina Education Maintenance Fund."

SECTION 7. This act takes effect upon approval by the Governor.