H*2911 Session 105 (1983-1984)
H*2911(Rat #0241, Act #0151 of 1983) General Bill, By House Ways and Means
A Bill to make appropriations to meet the ordinary expenses of the state
government for the fiscal year beginning July 1, 1983, 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 the Code of Laws of South Carolina, 1976, as follows: to
amend Section 58-23-640, relating to fees and charges of the South Carolina
Public Service Commission for registration of interstate authority of carriers
of exempt commodities, so as to increase the fee for a stamp issued for
vehicles from one dollar to five dollars and to provide that the fee shall be
paid to the General Fund of the State; to amend Sections 26-1-30 and 26-1-70,
relating to notaries public, so as to increase the fees for issuing or
renewing commissions and for change of name; by adding Section 60-11-100, so
as to provide for the use of funds by the South Carolina Department of
Archives and History from counties and municipal corporations for microfilming
records; by adding Section 48-23-85, so as to authorize negotiations with
federal agencies for fire protection charges; by adding Section 50-13-1935, so
as to authorize the Wildlife and Marine Resources Department to charge a fee
for stocking of fish in private nonnavigable waters; to amend Section 40-3-80,
as amended, relating to qualifications and examination of applicants for
registration as architects, so as to increase the application fee for
registration from twenty-five dollars to forty dollars and to increase the
maximum fee for examination from one hundred dollars to five hundred dollars;
to amend Article 1, Chapter 5, Title 61, relating to the possession,
consumption, and sale of alcoholic beverages, by adding Section 61-5-170, so
as to authorize the Alcoholic Beverage Control Commission to issue twenty-four
hour temporary permits to possess and consume alcoholic liquor and beverages
to certain nonprofit organizations, educational foundations, and political
parties and their affiliates; to amend Section 9-9-40, as amended, relating to
the Retirement System for the members of the General Assembly, so as to
provide that certain former members of the system may continue to contribute
to the system; to amend Section 9-9-50, as amended, relating to the Retirement
System for members of the General Assembly, so as to provide that a member of
the Retirement System for members of the General Assembly who rendered service
which would have been creditable under a correlated system may establish the
other service with the Retirement System for members of the General Assembly;
to amend Sections 12-33-410, 12-33-420 and 12-33-460, relating to the taxes on
alcoholic liquors, so as to increase the taxes; by adding Section 52-15-215,
so as to provide a temporary license for coin-operated devices operated at
county and state fairs; to amend Section 9-9-10, as amended, relating to
definitions pertaining to the Retirement System of members of the General
Assembly, so as to redefine "earnable compensation"; to amend Sections
56-5-4020 and 56-5-4140, both as amended, relating to gross weights of
vehicles, so as to provide permissible gross weights for vehicles and
combinations of vehicles operating on the interstate highway system in this
State, and to impose limitations on exemptions from vehicle, size, weight, and
load requirements for certain vehicles, and to provide for a moratorium
request on federal bridge law weight requirements; to amend Section 12-7-90,
as amended, relating to certain provisions of federal law applicable for State
Income Tax purposes which pertain to defined benefit and defined contribution
plans, so as to include additional provisions of federal law which shall also
apply, to amend Section 12-7-560, as amended, relating to items not included
in gross income and exempt from taxation, so as to exempt the gain from the
sale of a taxpayer's principal residence to the extent permitted by certain
provisions of the Internal Revenue Code, to amend Section 12-7-660, as
amended, relating to adjusted gross income, so as to revise the provisions
which govern the deductibility from gross income of contributions by
self-employed persons to Keogh Plans or to Individual Retirement Accounts, to
amend Article 5, Chapter 7 of Title 12, relating to income and deductions by
adding Section 12-7-685, so as to provide the manner in which the holding
period of property shall be determined, to amend Section 12-7-700, as amended,
relating to deductions allowable in computing net income, so as to revise
certain deductions and add certain deductions, to amend Section 12-7-920,
relating to gain on the sale or exchange of a principal residence, so as to
revise the provisions for determining this gain, to amend Article 7 of Title
12, relating to gain and loss and the basis therefor, by adding Section
12-7-975, so as to provide for the manner in which corporations may elect to
determine gain or loss with respect to liquidations, and to amend Section
12-7-980, relating to determining gain or loss on compulsory or involuntary
conversion of property, so as to revise the manner in which this determination
shall be made; to amend Section 9-9-30, as amended, relating to the Retirement
System for the members of the General Assembly and Act 150 of 1979, as
amended, relating to the Retirement System for Judges and Solicitors, so as to
provide for actuary valuation of assets and liabilities of the systems every
other year rather than annually; to amend Section 12-35-550, as amended,
relating to sales and use tax, so as to provide for an exemption for petroleum
asphalt products; to amend Section 8-11-40, as amended, relating to sick leave
for state employees, so as to provide for the accumulation of sick leave up to
one hundred eighty days and to delete obsolete provisions; to amend Sections
40-11-10, as amended, 40-11-20 and 40-11-160, relating to State Licensing
Board for Contractors, so as to provide for the appointment by the Governor of
two additional members of the Board to increase the cost of work which must be
performed by a mechanical contractor, and to limit financial statement
requirements to Group 1 Level Contractors and to reauthorize the existence of
the State Licensing Board for Contractors for six years; to amend Section
52-15-210 and 52-15-250, both as amended, relating to coin-operated machines
and devices and other amusements, so as to add mechanical amusement devices
and juke boxes to the schedule of machines requiring a twenty-five dollar
license and add footsball tables, bowling lane tables, or skeeball tables to
the list of amusement machines requiring a license; to amend Section 12-9-390,
as amended, relating to taxes withheld, so as to change the reporting
requirements of withholding agents; to amend Sections 23-35-50 and 23-35-70,
relating to fireworks, so as to transfer licensing and record keeping duties
and regulation promulgation authority from the South Carolina Tax Commission
and the State Fire Marshal to the State Board of Pyrotechnic Safety; to amend
Section 12-35-550, as amended, relating to sales tax exemptions, so as to
provide that the gross proceeds of the sale of electricity and supplies,
technical equipment, and machinery sold to cable television systems for use in
producing programs, broadcasting, or the distribution of programs are exempt
from the sales tax; to amend Section 53-5-10, as amended, relating to legal
holidays, so as to include the last Monday of May and the day following
National Thanksgiving Day as holidays for state employees, and permit
employees to select one nonnationally recognized holiday from four such
holidays or, in the alternative, any day of their choice; to amend Section
9-1-1140, as amended, relating to the South Carolina Retirement System, so as
to authorize retirement service credit for employment with the regional
councils of government; to amend Section 23-3-30, as amended, relating to
state security personnel being under the supervision of the South Carolina Law
EnforcementDivision, so as to delete a provision which excepts security
personnel at institutions under the supervision of the Department of Mental
Health from the above provisions; to amend Section 12-35-570, relating to due
dates and reports for payment of sales taxes, so as to require the reporting
of gross sales, gross proceeds of sales or gross business receipts by
location; to amend Section 58-25-50, relating to powers and duties of regional
transportation authorities, so as to allow them to provide transportation
services for residents of their service area to destinations outside the
service area; to amend Sections 9-1-1790 and 9-11-90, both as amended,
relating to the South Carolina Retirement System and the South Carolina Police
Officers Retirement System, so as to increase the amount a retired member who
returns to covered employment may earn without affecting his benefits; to
amend Section 57-5-340, relating to the sale or other disposition of real
estate owned by the South Carolina Department of Highways and Public
Transportation, so as to require the Department to make an inventory of all
its surplus real property, to vigorously pursue the sale of property, and to
provide that funds obtained from the sale of the property by the Department
above the cost of acquisition shall be distributed among the counties in the
same manner as funds distributed to the counties under the provisions of
Section 12-27-400, to enact new statutes; to empower the South Carolina Mental
Health Commission to acquire capital improvements for institutions and
agencies under its jurisdiction; to prescribe the terms and conditions under
which such improvements may be acquired; to require all state capital
improvement bonds issued for such purpose to be be repaid from the revenues
derived from paying patients at institutions or agencies under the
jurisidiction of the Commission; and to prescribe the terms and conditions of
such repayment obligations; to direct the State Budget and Control Board to
transfer funds from the Insurance Reserve Fund to the General Fund of the
State for fiscal year 1983-84; to require the Tax Commission to transfer funds
to the General Fund of the State monthly from the unclaimed property account
established by Chapter 17 of Title 27 of the 1976 Code; to provide that any
contract entered into prior to July 30, 1981, by a governmental body as
defined in Section 11-35-310 of the 1976 Code and which is proposed to be
renewed must be renewed in accordance with the South Carolina Consolidated
Procurement Code; to levy a tax on low level radioactive waste disposed of in
South Carolina and provide for the distribution of the revenues from such tax
to the Education Finance Act; to empower the Budget and Control Board to
organize its staff; to require a provision in all state agency or institution
contracts for legal or consultant services mandating completion of services or
a refund of payment under the contract, with interest; to provide that the
South Carolina Department of Highways and Public Transportation shall be
reimbursed for expenses involved in dedicating a road or bridge in honor of an
individual. To amend Acts as follows: to amend Act 163 of 1977, as amended,
relating to the South Carolina Education Finance Program, so as to provide
that weightings for primary pupils (grades 1 through 3) shall be 1.24 instead
of 1.30 and to fix permanently the pupil-teacher ratio in basic skills of
reading and mathematics in grades one through three at 21:1; to amend Section
4 of Part II of Act 199 of 1979, relating to exemptions from the sales tax of
the gross proceeds of the sale of electricity, natural gas, fuel oil, LP gas,
coal, or any other combustible heating material or substance used for
residential purposes, so as to delay the exemption of the final one percent of
the tax until April 1, 1984; to amend Act 517 of 1980, as amended, the State
General Appropriation Act, so as to provide that the provisions of the Act
regarding the impact of inflation on income tax revenues shall apply to all
taxable years beginning after December 31, 1983 instead of December 31, 1982;
to amend Act 651 of 1978, as amended, relating to revising the structure of
the contents in the General Appropriation Act, so as to enact "The South
Carolina Federal and Other Funds Oversight Act"; to amend Section 38 of Part
II of Act 644 of 1978, relating to fiscal impact statements on tax bills, so
as to delete the requirement that the statements must be signed by the State
Auditor or his designee; to amend Section 21, Part II of Act 466 of 1982,
relating to the requirement that the Department of Consumer Affairs maintain a
file for each creditor of all rate schedules filed by the creditor, so as to
require an annual instead of a one time fee of ten dollars; to amend Act 165
of 1979, relating to reports of professional and occupational boards, so as to
transfer the responsibility for coordination and compilation of the South
Carolina Occupational and Professional Licensing Boards' annual report from
the State Reorganization Commission and the Legislative Audit Council to the
Budget and Control Board; to amend Section 32, Part II, Act 199 of 1979, as
amended, relating to the budget format of the General Appropriation Bill, so
as to require, beginning with fiscal year 1984-85 and each year thereafter,
the italicizing of every proviso appearing in Part I of the Bill which
regulates the expenditure of any funds appropriated or deals with related
matters but which did not appear as a proviso in Part I of the Bill or State
General Appropriation Act for the immediately preceding fiscal year; to amend
Act 150 of 1979, as amended, relating to the Retirement System for Judges and
Solicitors, so as to extend the retirement qualification date for judges and
solicitors from July 1, 1980 to July 1, 1984; to amend Act 436 of 1978 and
Section 15, Part II of Act 517 of 1980, relating to hazardous waste
management, so as to delete the exclusion for source, special nuclear, or
by-product material as defined by the Atomic Energy Act of 1954 and to alter
the use of the Hazardous Waste Contingency Fund to include remedy for problems
at uncontrolled hazardous waste sites; to amend Section 1 of Act 179 of 1981,
relating to the Medical University of South Carolina Central Parking Facility;
to amend Act 150 of 1979, as amended, relating to a retirement system for
judges and solicitors, so as to provide for a member to become vested in the
system, to provide for eligibility for monthly benefits beginning at the age
of fifty-five, and to provide eligibility for solicitors to retire upon
completion of twenty-four years of credited service regardless of age; to
amend Act 146 of 1979, relating to mandatory dates for submission of the
annual budget report of the State Budget and Control Board to the Ways and
Means Committee of the House of Representatives and the mandatory date for
sine die adjournment of the General Assembly, so as to extend the date for
mandatory adjournment by one statewide day for each statewide day after April
fifteenth that the House of Representatives gives third reading to the General
Appropriation Bill; to amend Act 365 of 1982, relating to management of the
State's underwater archaeological and paleontological resources, so as to
provide that archaeological records are not open records and to limit access
to them, and to make marking of licensed sites for underwater search and
salvage directive instead of mandatory; to amend Act 150 of 1979, relating the
the Judicial Retirement System, so as to add Appeals Court Judges in the
definition of Judge for purposes of the Act; to amend Section 12, Part II of
Act 219 of 1977, as amended, relating to limitations on annual appropriations,
so as to delete a provision authorizing recommendations of appropriations to
exceed ninety-five percent of the annual approved revenue estimates and adding
a provision prohibiting the General Assembly from appropriating in excess of
ninety-five percent of the anticipated revenue; to amend Section 44, Part II
of Act 466 of 1982, relating to projecting and forecasting state revenues, so
as to establish a timetable for issuing economic forecasts and adjusted
forecasts, to prescribe information that must be contained in forecasts, to
require the Board to compare actual state revenues with forecasts during the
first three quarters of a fiscal year, and to prescribe the dissemination of
forecasts, adjusted forecasts, and reports; to provide supplemental
appropriations from surplus; to repeal Section 37 of Part II of Act 466 of
1982, permitting state employees to use sick leave or annual leave on a
pro-rata basis in conjunction with Workers' Compensation; to repeal Act 505 of
1980, relating to one year's compensation and Workers' Compensation benefits
for State Law Enforcement and Correctional Institution employees injured by
criminal conduct of another and to provide that a person specifically excluded
from medical benefits under Act 505 of 1980 or whose case is presently pending
shall receive medical benefits under Title 42 of the 1976 Code.-amended title
04/26/83 House Introduced, read first time, placed on calendar
without reference HJ-2386
04/26/83 House Special order, set for Monday, May 2, 1983 at
12:00 noon HJ-2397
05/02/83 House Amended HJ-2504
05/02/83 House Debate interrupted HJ-2512
05/03/83 House Amended HJ-2519
05/03/83 House Debate interrupted HJ-2548
05/04/83 House Amended HJ-2565
05/04/83 House Debate interrupted HJ-2589
05/05/83 House Amended HJ-2595
05/05/83 House Debate interrupted HJ-2631
05/06/83 House Amended HJ-2648
05/06/83 House Read second time HJ-2730
05/09/83 House Read third time and sent to Senate HJ-2733
05/10/83 Senate Introduced and read first time
05/10/83 Senate Referred to Committee on Finance
05/30/83 Senate Committee report: Favorable with amendment
Finance SJ-1634
05/31/83 Senate Amended SJ-1665
05/31/83 Senate Debate interrupted SJ-1669
06/01/83 Senate Amended SJ-1687
06/01/83 Senate Read second time SJ-1727
06/01/83 Senate Ordered to third reading with notice of
amendments SJ-1727
06/02/83 Senate Amended SJ-1771
06/02/83 Senate Read third time
06/02/83 Senate Returned
06/02/83 House Non-concurrence in Senate amendment HJ-3506
06/02/83 Senate Senate insists upon amendment and conference
committee appointed McConnell, Dennis, Waddell SJ-1841
06/02/83 House Conference committee appointed Mangum, Evatt &
McLella HJ-3508
06/09/83 Senate Conference report received SJ-2040
06/10/83 House Free conference powers granted HJ-3770
06/10/83 House Free conference committee appointed Mangum, Evatt
& McLellan HJ-3770
06/10/83 House Free conference report received HJ-3772
06/10/83 House Free conference report adopted HJ-3781
06/10/83 Senate Free conference powers granted SJ-2161
06/10/83 Senate Free conference committee appointed Dennis,
McConnell, Waddell SJ-2161
06/10/83 Senate Free conference report received SJ-2161
06/10/83 Senate Free conference report adopted SJ-2161
06/10/83 House Ordered enrolled for ratification HJ-3782
06/14/83 Ratified R 241
06/20/83 Signed By Governor
06/20/83 Effective date 06/20/83
06/20/83 Act No. 151
06/20/83 See Act for exceptions to effective date
08/03/83 Copies available
No. 151
(R241, H2911)
AN ACT TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE
STATE
GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 1983, 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 THE CODE OF LAWS OF SOUTH CAROLINA, 1976, AS FOLLOWS TO AMEND
SECTION
58-23-640, RELATING TO FEES AND CHARGES OF THE SOUTH CAROLINA PUBLIC
SERVICE
COMMISSION FOR REGISTRATION OF INTERSTATE AUTHORITY OF CARRIERS OF
EXEMPT COM-
MODITIES, SO AS TO INCREASE THE FEE FOR A STAMP ISSUED FOR VEHICLES
FROM ONE
DOLLAR TO FIVE DOLLARS AND TO PROVIDE THAT THE FEE SHALL BE PAID TO
THE GENERAL
FUND OF THE STATE; TO AMEND SECTIONS 26-1-30 AND 26-1-70, RELATING TO
NOTARIES
PUBLIC, SO AS TO INCREASE FEES FOR ISSUING OR RENEWING COMMISSIONS
AND FOR CHANGE
OF NAME; BY ADDING SECTION 60-11-100, SO AS TO PROVIDE FOR THE USE OF
FUNDS BY
THE SOUTH CAROLINA DEPARTMENT OF ARCHIVES AND HISTORY FROM
COUNTIES AND MUNICIPAL
CORPORATIONS FOR MICROFILMING RECORDS; BY ADDING SECTION 48-23-85, SO
AS TO
AUTHORIZE NEGOTIATIONS WITH FEDERAL AGENCIES FOR FIRE PROTECTION
CHARGES; BY
ADDING SECTION 50-13-1935, SO AS TO AUTHORIZE THE WILDLIFE AND MARINE
RESOURCES
DEPARTMENT TO CHARGE A FEE FOR STOCKING OF FISH IN PRIVATE
NONNAVIGABLE WATERS;
TO AMEND SECTION 40-3-80, AS AMENDED, RELATING TO QUALIFICATIONS AND
EXAMINATION
OF APPLICANTS FOR REGISTRATION AS ARCHITECTS, SO AS TO INCREASE THE
APPLICATION
FEE FOR REGISTRATION FROM TWENTY-FIVE DOLLARS TO FORTY DOLLARS AND
TO INCREASE
THE MAXIMUM FEE FOR EXAMINATION FROM ONE HUNDRED DOLLARS TO FIVE
HUNDRED DOLLARS;
TO AMEND ARTICLE L, CHAPTER 5, TITLE 61, RELATING TO THE POSSESSION,
CONSUMPTION,
AND SALE OF ALCOHOLIC BEVERAGES, BY ADDING SECTION 61-5-170, SO AS TO
AUTHORIZE
THE ALCOHOLIC BEVERAGE CONTROL COMMISSION TO ISSUE TWENTY-FOUR
HOUR TEMPORARY
PERMITS TO POSSESS AND CONSUME ALCOHOLIC LIQUOR AND BEVERAGES TO
CERTAIN NON-
PROFIT ORGANIZATIONS, EDUCATIONAL FOUNDATIONS, AND POLITICAL
PARTIES AND THEIR
AFFILIATES; TO AMEND SECTION 9-9-40, AS AMENDED, RELATING TO THE
RETIREMENT
SYSTEM FOR THE MEMBERS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE
THAT CERTAIN
FORMER MEMBERS OF THE SYSTEM MAY CONTINUE TO CONTRIBUTE TO THE
SYSTEM; TO AMEND
SECTION 9-9-50, AS AMENDED, RELATING TO THE RETIREMENT SYSTEM FOR
MEMBERS OF THE
GENERAL ASSEMBLY, SO AS TO PROVIDE THAT A MEMBER OF THE RETIREMENT
SYSTEM FOR
MEMBERS OF THE GENERAL ASSEMBLY WHO RENDERED SERVICE WHICH
WOULD HAVE BEEN
CREDITABLE UNDER A CORRELATED SYSTEM MAY ESTABLISH THE OTHER
SERVICE WITH THE
RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY; TO AMEND
SECTIONS
12-33-410, 12-33-420 AND 12-33-460, RELATING TO THE TAXES ON ALCOHOLIC
LIQUORS,
SO AS TO INCREASE THE TAXES; BY ADDING SECTION 52-15-215, SO AS TO
PROVIDE A
TEMPORARY LICENSE FOR COIN-OPERATED DEVICES OPERATED AT COUNTY
AND STATE FAIRS;
TO AMEND SECTION 9-9-10, AS AMENDED, RELATING TO DEFINITIONS
PERTAINING TO THE
RETIREMENT SYSTEM OF MEMBERS OF THE GENERAL ASSEMBLY, SO AS TO
REDEFINE
"EARNABLE COMPENSATION"; TO AMEND SECTIONS 66-5-4020 AND
66-6-4140,
BOTH AS AMENDED, RELATING TO GROSS WEIGHTS OF VEHICLES, SO AS TO
PROVIDE
PERMISSIBLE GROSS WEIGHTS FOR VEHICLES AND COMBINATIONS OF VEHICLES
OPERATING ON
THE INTERSTATE HIGHWAY SYSTEM IN THIS STATE, AND TO IMPOSE
LIMITATIONS ON
EXEMPTIONS FROM VEHICLE, SIZE,WEIGHT, AND LOAD REQUIREMENTS FOR
CERTAIN VEHICLES,
AND TO PROVIDE FOR A MORATORIUM REQUEST ON FEDERAL BRIDGE LAW
WEIGHT
REQUIREMENTS; TO AMEND SECTION 12-7-90, AS AMENDED,RELATING TO
CERTAIN PROVISIONS
OF FEDERAL LAW APPLICABLE FOR STATE INCOME TAX PURPOSES WHICH
PERTAIN TO DEFINED
BENEFIT AND DEFINED CONTRIBUTION PLANS, SO AS TO INCLUDE ADDITIONAL
PROVISIONS
OF FEDERAL LAW WHICH SHALL ALSO APPLY,TO AMEND SECTION 12-7-660, AS
AMENDED,
RELATING TO ITEMS NOT INCLUDED IN GROSS INCOME AND EXEMPT FROM
TAXATION, SO AS
TO EXEMPT THE GAIN FROM THE SALE OF A TAXPAYER'S PRINCIPAL RESIDENCE
TO THE
EXTENT PERMITTED BY CERTAIN PROVISIONS OF THE INTERNAL REVENUE
CODE, TO AMEND
SECTION 12-7-660, AS AMENDED, RELATING TO ADJUSTED GROSS INCOME, SO AS
TO REVISE
THE PROVISIONS WHICH GOVERN THE DEDUCTIBILITY FROM GROSS INCOME OF
CONTRIBUTIONS
BY SELF-EMPLOYED PERSONS TO KEOGH PLANS OR TO INDIVIDUAL
RETIREMENT ACCOUNTS,TO
AMEND ARTICLE 6, CHAPTER 7 OF TITLE 12, RELATING TO INCOME AND
DEDUCTIONS BY
ADDING SECTION 12-7-686, SO AS TO PROVIDE THE MANNER IN WHICH THE
HOLDING PERIOD
OF PROPERTY SHALL BE DETERMINED, TO AMEND SECTION 12-7-700, AS
AMENDED, RELATING
TO DEDUCTIONS ALLOWABLE IN COMPUTING NET INCOME, SO AS TO REVISE
CERTAIN
DEDUCTIONS AND ADD CERTAIN DEDUCTIONS, TO AMEND SECTION 12-7-920,
RELATING TO
GAIN ON THE SALE OR EXCHANGE OF A PRINCIPAL RESIDENCE, SO AS TO REVISE
THE
PROVISIONS FOR DETERMINING THIS GAIN, TO AMEND ARTICLE 7 OF TITLE 12,
RELATING
TO GAIN AND LOSS AND THE BASIS THEREFOR, BY ADDING SECTION 12-7-976, SO
AS TO
PROVIDE FOR THE MANNER IN WHICH CORPORATIONS MAY ELECT TO
DETERMINE GAIN OR LOSS
WITH RESPECT TO LIQUIDATIONS, AND TO AMEND SECTION 12-7-980, RELATING
TO
DETERMINING GAIN OR LOSS ON COMPULSORY OR INVOLUNTARY CONVERSION
OF PROPERTY, SO
AS TO REVISE THE MANNER IN WHICH THIS DETERMINATION SHALL BE MADE;
TO AMEND
SECTION 9-9-30, AS AMENDED, RELATING TO THE RETIREMENT SYSTEM FOR THE
MEMBERS OF
THE GENERAL ASSEMBLY AND ACT 150 OF 1979, AS AMENDED, RELATING TO THE
RETIREMENT
SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO PROVIDE FOR ACTUARY
VALUATION OF
ASSETS AND LIABILITIES OF THE SYSTEMS EVERY OTHER YEAR RATHER THAN
ANNUALLY; TO
AMEND SECTION 12-35-550, AS AMENDED, RELATING TO SALES AND USE TAX, SO
AS TO
PROVIDE FOR AN EXEMPTION FOR PETROLEUM ASPHALT PRODUCTS; TO AMEND
SECTION
8-11-40, AS AMENDED, RELATING TO SICK LEAVE FOR STATE EMPLOYEES, SO AS
TO
PROVIDE FOR THE ACCUMULATION OF SICK LEAVE UP TO ONE HUNDRED
EIGHTY DAYS AND TO
DELETE OBSOLETE PROVISIONS; TO AMEND SECTIONS 40-11-10, AS AMENDED,
40-11-20 AND
40-11-160, RELATING TO STATE LICENSING BOARD FOR CONTRACTORS, SO AS TO
PROVIDE
FOR THE APPOINTMENT BY THE GOVERNOR OF TWO ADDITIONAL MEMBERS OF
THE BOARD TO
INCREASE THE COST OF WORK WHICH MUST BE PERFORMED BY A MECHANICAL
CONTRACTOR, AND
TO LIMIT FINANCIAL STATEMENT REQUIREMENTS TO GROUP 1 LEVEL
CONTRACTORS AND TO
REAUTHORIZE THE EXISTENCE OF THE STATE LICENSING BOARD FOR
CONTRACTORS FOR SIX
YEARS; TO AMEND SECTIONS 52-15-210 AND 62-16-260, BOTH AS AMENDED,
RELATING TO
COIN- OPERATED MACHINES AND DEVICES AND OTHER AMUSEMENTS, SO AS TO
ADD MECHANICAL
AMUSEMENT DEVICES AND JUKE BOXES TO THE SCHEDULE OF MACHINES
REQUIRING A
TWENTY-FIVE DOLLAR LICENSE AND ADD FOOTSBALL TABLES, BOWLING LANE
TABLES, OR
SKEEBALL TABLES TO THE LIST OF AMUSEMENT MACHINES REQUIRING A
LICENSE; TO AMEND
SECTION 12-9-390, AS AMENDED, RELATING TO TAXES WITHHELD, SO AS TO
CHANGE THE
REPORTING REQUIREMENTS OF WITHHOLDING AGENTS; TO AMEND SECTIONS
23-35-50 AND
23-35-70, RELATING TO FIREWORKS, SO AS TO TRANSFER LICENSING AND
RECORD KEEPING
DUTIES AND REGULATION PROMULGATION AUTHORITY FROM THE SOUTH
CAROLINA TAX
COMMISSION AND THE STATE FIRE MARSHAL TO THE STATE BOARD OF
PYROTECHNIC SAFETY;
TO AMEND SECTION 12-35-550, AS AMENDED, RELATING TO SALES TAX
EXEMPTIONS, SO AS
TO PROVIDE THAT THE GROSS PROCEEDS OF THE SALE OF ELECTRICITY AND
SUPPLIES,
TECHNICAL EQUIPMENT, AND MACHINERY SOLD TO CABLE TELEVISION
SYSTEMS FOR USE IN
PRODUCING PROGRAMS, BROADCASTING, OR THE DISTRIBUTION OF PROGRAMS
ARE EXEMPT FROM
THE SALES TAX; TO AMEND SECTION 53-5-10, AS AMENDED, RELATING TO LEGAL
HOLIDAYS,
SO AS TO INCLUDE THE LAST MONDAY OF MAY AND THE DAY FOLLOWING
NATIONAL
THANKSGIVING DAY AS HOLIDAYS FOR STATE EMPLOYEES, AND PERMIT
EMPLOYEES TO SELECT
ONE NONNATIONALLY RECOGNIZED HOLIDAY FROM FOUR SUCH HOLIDAYS OR,
IN THE
ALTERNATIVE, ANY DAY OF THEIR CHOICE; TO AMEND SECTION 9-1-1140, AS
AMENDED,
RELATING TO THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO
AUTHORIZE RETIREMENT
SERVICE CREDIT FOR EMPLOYMENT WITH THE REGIONAL COUNCILS OF
GOVERNMENT; TO AMEND
SECTION 23-3-30, AS AMENDED, RELATING TO STATE SECURITY PERSONNEL
BEING UNDER THE
SUPERVISION OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, SO AS TO
DELETE A
PROVISION WHICH EXCEPTS SECURITY PERSONNEL AT INSTITUTIONS UNDER
THE SUPERVISION
OF THE DEPARTMENT OF MENTAL HEALTH FROM THE ABOVE PROVISIONS; TO
AMEND SECTION
12-35-570, RELATING TO DUE DATES AND REPORTS FOR PAYMENT OF SALES
TAXES, SO AS
TO REQUIRE THE REPORTING OF GROSS SALES, GROSS PROCEEDS OF SALES OR
GROSS
BUSINESS RECEIPTS BY LOCATION; TO AMEND SECTION 58-25-50, RELATING TO
POWERS AND
DUTIES OF REGIONAL TRANSPORTATION AUTHORITIES, SO AS TO ALLOW THEM
TO PROVIDE
TRANSPORTATION SERVICES FOR RESIDENTS OF THEIR SERVICE AREA TO
DESTINATIONS
OUTSIDE THE SERVICE AREA; TO AMEND SECTIONS 9-1-1790 AND 9-11-90, BOTH
AS
AMENDED, RELATING TO THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE
SOUTH CAROLINA
POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO INCREASE THE AMOUNT A
RETIRED MEMBER
WHO RETURNS TO COVERED EMPLOYMENT MAY EARN WITHOUT AFFECTING HIS
BENEFITS; TO
AMEND SECTION 57-5-340, RELATING TO THE SALE OR OTHER DISPOSITION OF
REAL ESTATE
OWNED BY THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC
TRANSPORTATION, SO
AS TO REQUIRE THE DEPARTMENT TO MAKE AN INVENTORY OF ALL ITS
SURPLUS REAL
PROPERTY, TO VIGOROUSLY PURSUE THE SALE OF PROPERTY, AND TO PROVIDE
THAT FUNDS
OBTAINED FROM THE SALE OF THE PROPERTY BY THE DEPARTMENT ABOVE THE
COST OF
ACQUISITION SHALL BE DISTRIBUTED AMONG THE COUNTIES IN THE SAME
MANNER AS FUNDS
DISTRIBUTED TO THE COUNTIES UNDER THE PROVISIONS OF SECTION 12-27-400.
TO ENACT
NEW STATUTES: TO EMPOWER THE SOUTH CAROLINA MENTAL HEALTH
COMMISSION TO ACQUIRE
CAPITAL IMPROVEMENTS FOR INSTITUTIONS AND AGENCIES UNDER ITS
JURISDICTION; TO
PRESCRIBE THE TERMS AND CONDITIONS UNDER WHICH SUCH IMPROVEMENTS
MAY BE ACQUIRED;
TO REQUIRE ALL STATE CAPITAL IMPROVEMENT BONDS ISSUED FOR SUCH
PURPOSE TO BE
REPAID FROM THE REVENUES DERIVED FROM PAYING PATIENTS AT
INSTITUTIONS OR AGENCIES
UNDER THE JURISDICTION OF THE COMMISSION; AND TO PRESCRIBE THE TERMS
AND
CONDITIONS OF SUCH REPAYMENT OBLIGATIONS; TO DIRECT THE STATE
BUDGET AND CONTROL
BOARD TO TRANSFER FUNDS FROM THE INSURANCE RESERVE FUND TO THE
GENERAL FUND OF
THE STATE FOR FISCAL YEAR 1983-84; TO REQUIRE THE TAX COMMISSION TO
TRANSFER
FUNDS TO THE GENERAL FUND OF THE STATE MONTHLY FROM THE UNCLAIMED
PROPERTY
ACCOUNT ESTABLISHED BY CHAPTER 17 OF TITLE 27 OF THE 1976 CODE; TO
PROVIDE THAT
ANY CONTRACT ENTERED INTO PRIOR TO JULY 30, 1981, BY A GOVERNMENTAL
BODY AS
DEFINED IN SECTION 11-35-310 OF THE 1976 CODE AND WHICH IS PROPOSED TO
BE RENEWED
MUST BE RENEWED IN ACCORDANCE WITH THE SOUTH CAROLINA
CONSOLIDATED PROCUREMENT
CODE; TO LEVY A TAX ON LOW LEVEL RADIOACTIVE WASTE DISPOSED OF IN
SOUTH CAROLINA
AND PROVIDE FOR THE DISTRIBUTION OF THE REVENUES FROM SUCH TAX TO
THE EDUCATION
FINANCE ACT; TO EMPOWER THE BUDGET AND CONTROL BOARD TO ORGANIZE
ITS STAFF; TO
REQUIRE A PROVISION IN ALL STATE AGENCY OR INSTITUTION CONTRACTS FOR
LEGAL OR
CONSULTANT SERVICES MANDATING COMPLETION OF SERVICES OR A REFUND
OF PAYMENT UNDER
THE CONTRACT, WITH INTEREST; TO PROVIDE THAT THE SOUTH CAROLINA
DEPARTMENT OF
HIGHWAYS AND PUBLIC TRANSPORTATION SHALL BE REIMBURSED FOR
EXPENSES INVOLVED IN
DEDICATING A ROAD OR BRIDGE IN HONOR OF AN INDIVIDUAL. TO AMEND ACTS
AS FOLLOWS:
TO AMEND ACT 163 OF 1977, AS AMENDED, RELATING TO THE SOUTH CAROLINA
EDUCATION
FINANCE PROGRAM, SO AS TO PROVIDE THAT WEIGHTINGS FOR PRIMARY PUPILS
(GRADES 1
THROUGH 3) SHALL BE 1.24 INSTEAD OF 1.30 AND TO FIX PERMANENTLY THE
PUPIL-TEACHER
RATIO IN BASIC SKILLS OF READING AND MATHEMATICS IN GRADES ONE
THROUGH THREE AT
21:1; TO AMEND SECTION 4 OF PART II OF ACT 199 OF 1979, RELATING TO
EXEMPTIONS
FROM THE SALES TAX OF THE GROSS PROCEEDS OF THE SALE OF ELECTRICITY,
NATURAL GAS,
FUEL OIL, LP GAS, COAL, OR ANY OTHER COMBUSTIBLE HEATING MATERIAL OR
SUBSTANCE
USED FOR RESIDENTIAL PURPOSES, SO AS TO DELAY THE EXEMPTION OF THE
FINAL ONE
PERCENT OF THE TAX UNTIL APRIL 1, 1984; TO AMEND ACT 517 OF 1980, AS
AMENDED, THE
STATE GENERAL APPROPRIATION ACT, SO AS TO PROVIDE THAT THE
PROVISIONS OF THE ACT
REGARDING THE IMPACT OF INFLATION ON INCOME TAX REVENUES SHALL
APPLY TO ALL
TAXABLE YEARS BEGINNING AFTER DECEMBER 31, 1983 INSTEAD OF DECEMBER
31, 1982; TO
AMEND ACT 651 OF 1978, AS AMENDED, RELATING TO REVISING THE STRUCTURE
OF THE
CONTENTS IN THE GENERAL APPROPRIATION ACT, SO AS TO ENACT "THE
SOUTH
CAROLINA FEDERAL AND OTHER FUNDS OVER-SIGHT ACT"; TO AMEND
SECTION 38 OF
PART II OF ACT 644 OF 1978, RELATING TO FISCAL IMPACT STATEMENTS ON TAX
BILLS,
SO AS TO DELETE THE REQUIREMENT THAT THE STATEMENTS MUST BE SIGNED
BY THE STATE
AUDITOR OR HIS DESIGNEE; TO AMEND SECTION 21, PART II OF ACT 466 OF 1982,
RELATING TO THE REQUIREMENT THAT THE DEPARTMENT OF CONSUMER
AFFAIRS MAINTAIN A
FILE FOR EACH CREDITOR OF ALL RATE SCHEDULES FILED BY THE CREDITOR,
SO AS TO
REQUIRE AN ANNUAL INSTEAD OF A ONE TIME FEE OF TEN DOLLARS; TO AMEND
ACT 165 OF
1979, RELATING TO REPORTS OF PROFESSIONAL AND OCCUPATIONAL BOARDS,
SO AS TO
TRANSFER THE RESPONSIBILITY FOR COORDINATION AND COMPILATION OF THE
SOUTH
CAROLINA OCCUPATIONAL AND PROFESSIONAL LICENSING BOARDS' ANNUAL
REPORT FROM THE
STATE REORGANIZATION COMMISSION AND THE LEGISLATIVE AUDIT COUNCIL
TO THE BUDGET
AND CONTROL BOARD; TO AMEND SECTION 32, PART II, ACT 199 OF 1979, AS
AMENDED,
RELATING TO THE BUDGET FORMAT OF THE GENERAL APPROPRIATION BILL, SO
AS TO
REQUIRE, BEGINNING WITH FISCAL YEAR 1984-85 AND EACH YEAR THEREAFTER,
THE
ITALICIZING OF EVERY PROVISO APPEARING IN PART I OF THE BILL WHICH
REGULATES THE
EXPENDITURE OF ANY FUNDS APPROPRIATED OR DEALS WITH RELATED
MATTERS BUT WHICH DID
NOT APPEAR AS A PROVISO IN PART I OF THE BILL OR STATE GENERAL
APPROPRIATION ACT
FOR THE IMMEDIATELY PRECEDING FISCAL YEAR; TO AMEND ACT 150 OF 1979,
AS AMENDED,
RELATING TO THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO
EXTEND THE
RETIREMENT QUALIFICATION DATE FOR JUDGES AND SOLICITORS FROM JULY 1,
1980 TO JULY
1, 1984; TO AMEND ACT 436 OF 1978 AND SECTION 15, PART II OF ACT 517 OF 1980,
RELATING TO HAZARDOUS WASTE MANAGEMENT, SO AS TO DELETE THE
EXCLUSION FOR SOURCE,
SPECIAL NUCLEAR, OR BY-PRODUCT MATERIAL AS DEFINED BY THE ATOMIC
ENERGY ACT OF
1954 AND TO ALTER THE USE OF THE HAZARDOUS WASTE CONTINGENCY FUND
TO INCLUDE
REMEDY FOR PROBLEMS AT UNCONTROLLED HAZARDOUS WASTE SITES; TO
AMEND SECTION 1 OF
ACT 179 OF 1981, RELATING TO THE MEDICAL UNIVERSITY OF SOUTH CAROLINA
CENTRAL
PARKING FACILITY; TO AMEND ACT 150 OF 1979, AS AMENDED, RELATING TO A
RETIREMENT
SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO PROVIDE FOR A MEMBER TO
BECOME VESTED
IN THE SYSTEM, TO PROVIDE FOR ELIGIBILITY FOR MONTHLY BENEFITS
BEGINNING AT THE
AGE OF FIFTY-FIVE, AND TO PROVIDE ELIGIBILITY FOR SOLICITORS TO RETIRE
UPON
COMPLETION OF TWENTY-FOUR YEARS OF CREDITED SERVICE REGARDLESS OF
AGE; TO AMEND
ACT 146 OF 1979, RELATING TO MANDATORY DATES FOR SUBMISSION OF THE
ANNUAL BUDGET
REPORT OF THE STATE BUDGET AND CONTROL BOARD TO THE WAYS AND
MEANS COMMITTEE OF
THE HOUSE OF REPRESENTATIVES AND THE MANDATORY DATE FOR SINE DIE
ADJOURNMENT OF
THE GENERAL ASSEMBLY, SO AS TO EXTEND THE DATE FOR MANDATORY
ADJOURNMENT BY ONE
STATEWIDE DAY FOR EACH STATEWIDE DAY AFTER APRIL FIFTEENTH THAT THE
HOUSE OF
REPRESENTATIVES GIVES THIRD READING TO THE GENERAL APPROPRIATION
BILL; TO AMEND
ACT 365 OF 1982, RELATING TO MANAGEMENT OF THE STATE'S UNDERWATER
ARCHEOLOGICAL
AND PALEONTOLOGICAL RESOURCES, SO AS TO PROVIDE THAT
ARCHEOLOGICAL RECORDS ARE
NOT OPEN RECORDS AND TO LIMIT ACCESS TO THEM, AND TO MAKE MARKING
OF LICENSED
SITES FOR UNDERWATER SEARCH AND SALVAGE DIRECTIVE INSTEAD OF
MANDATORY; TO AMEND
ACT 150 OF 1979, RELATING TO THE JUDICIAL RETIREMENT SYSTEM, SO AS TO
ADD APPEALS
COURT JUDGES IN THE DEFINITION OF JUDGE FOR PURPOSES OF THE ACT; TO
AMEND SECTION
12, PART II OF ACT 219 OF 1977, AS AMENDED, RELATING TO LIMITATIONS ON
ANNUAL
APPROPRIATIONS, SO AS TO DELETE A PROVISION AUTHORIZING
RECOMMENDATIONS OF
APPROPRIATIONS TO EXCEED NINETY-FIVE PERCENT OF THE ANNUAL
APPROVED REVENUE
ESTIMATES AND ADDING A PROVISION PROHIBITING THE GENERAL ASSEMBLY
FROM
APPROPRIATING IN EXCESS OF NINETY-FIVE PERCENT OF THE ANTICIPATED
REVENUE; TO
AMEND SECTION 44, PART II OF ACT 466 OF 1982, RELATING TO PROJECTING AND
FORECASTING STATE REVENUES, SO AS TO ESTABLISH A TIMETABLE FOR
ISSUING ECONOMIC
FORECASTS AND ADJUSTED FORECASTS, TO PRESCRIBE INFORMATION THAT
MUST BE CONTAINED
IN FORECASTS, TO REQUIRE THE BOARD TO COMPARE ACTUAL STATE
REVENUES WITH
FORECASTS DURING THE FIRST THREE QUARTERS OF A FISCAL YEAR, AND TO
PRESCRIBE THE
DISSEMINATION OF FORECASTS, ADJUSTED FORECASTS, AND REPORTS; TO
PROVIDE
SUPPLEMENTAL APPROPRIATIONS FROM SURPLUS; TO REPEAL SECTION 37 OF
PART II OF ACT
466 OF 1982, PERMITTING STATE EMPLOYEES TO USE SICK LEAVE OR ANNUAL
LEAVE ON A
PRO-RATA BASIS IN CONJUNCTION WITH WORKERS' COMPENSATION; TO REPEAL
ACT 505 OF
1980, RELATING TO ONE YEAR'S COMPENSATION AND WORKERS' COMPENSATION
BENEFITS FOR
STATE LAW ENFORCEMENT AND CORRECTIONAL INSTITUTION EMPLOYEES
INJURED BY CRIMINAL
CONDUCT OF ANOTHER AND TO PROVIDE THAT A PERSON SPECIFICALLY
EXCLUDED FROM
MEDICAL BENEFITS UNDER ACT 505 OF 1980 OR WHOSE CASE IS PRESENTLY
PENDING SHALL
RECEIVE MEDICAL BENEFITS UNDER TITLE 42 OF THE 1976 CODE.
Be it enacted by the General Assembly of the State of South Carolina:
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