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H*4007 Session 103 (1979-1980)
H*4007(Rat #0642, Act #0519 of 1980) General Bill, By House Ways and Means
A Bill to make supplemental appropriations for the ordinary expenses of State
Government for fiscal year 1979-80; to provide an income tax deduction for
conservation and renewable source expenditures; to amend Section 12-7-700,
Code of Laws of South Carolina, 1976, as amended, relating to income tax, so
as to allow the dependent care expense deduction when one spouse is a student
at an educational institution; to authorize an increase in the salary of the
President of the South Carolina School for the Deaf and the Blind; to amend
Sections 40-56-10 and 40-56-20 of the 1976 Code, as amended, relating to the
State Board of Pyrotechnic Safety, so as to provide that the Budget and
Control Board shall supervise the enforcement of the laws and regulations of
the Pyrotechnic Safety Board and shall employ and supervise the personnel
necessary to carry out its duties and to delete a provision that the State
Fire Marshal shall assist the Board in the preparation of regulations; to
amend Act 184 of 1977, relating to child day care facilities, so as to provide
for provisional statements of registration, provisional licenses or
provisional approval for facilities covered under Article V; to amend Section
41-27-370 of the 1976 Code, relating to the definition of unemployed as used
in the "South Carolina Employment Security Law", so as to deem an individual
unemployed in any week in which he receives no governmental or other pension,
retirement pay, annuity or other similar periodic payment under certain
conditions; to provide that students participating in child development
programs shall receive transportation on state-owned busses; to amend Section
13-3-90 of the 1976 Code, relating to the powers and duties of the State
Development Board, so as to provide certain powers relative to gifts, grants,
funds and property; to provide for the transfer of annual and sick leave
within Legislative Department Agencies; to provide that the State or any
county, municipality, local zoning authority or other political subdivision
shall not remove or cause to be removed any sign located in view of an
interstate or federal-aid primary highway and lawfully erected under the laws
of the State without paying just compensation; to amend Section 42-9-300 of
the 1976 Code, relating to lump sum settlements in workmen's compensation
claims, so as to define the right of claimants and dependents to such
settlements; to suspend the requirement of a one-week waiting period for
eligibility of unemployment benefits from June 1, 1980, through September 1,
1980; and to amend Sections 12-21-1010 and 12-21-1040 of the 1976 Code and add
Section 61-9-615 to the Code, all relating to wines, so as to define domestic
wine, permit the sale, delivery or shipment of domestic wine with certain
alcoholic content and provide for taste samples without charge; to amend an
Act of 1980, bearing Ratification No. 585, the General Appropriations Act for
1980-81, so as to require and equitable formula for allocation of certain
retirementand insurance funds for public school employees and increase the
supplement ot the income of aged, blind or disabled persons; and to amend Act
199 of 1979, as amended, the General Appropriations Act for 1979-80, so as to
provide that appropriations for Clerks of Court and Probate Judges may be used
for new or existing employees.-at
05/22/80 House Introduced, read first time, placed on calendar
without reference HJ-3004
05/26/80 House Special order, set for WEDNESDAY, MAY 27, 1980,
AT 11:00 A.M. HJ-3061
05/27/80 House POINT OF ORDER -NOT ON MEMBERS DESKS 3 LEG. DAYS
(RULE 5.10) HJ-3175
05/27/80 House Special order, set for WEDNESDAY, MAY 28, 1980 AT
11:00 A.M. HJ-3192
05/28/80 House Amended HJ-3312
05/28/80 House Read second time HJ-3354
05/29/80 House Read third time and sent to Senate HJ-3359
05/29/80 Senate Introduced, read first time, placed on calendar
without reference SJ-66
05/30/80 Senate Read second time SJ-5
05/30/80 Senate Ordered to third reading with notice of amendments SJ-5
05/30/80 Senate Referred to Committee on Finance SJ-5
06/05/80 Senate Committee report: Favorable with amendment
Finance SJ-343
06/05/80 Senate Amended SJ-343
06/05/80 Senate READ THIRD TIME SJ-382
06/05/80 Senate Reconsidered SJ-383
06/05/80 Senate Amended SJ-383
06/05/80 Senate READ THIRD TIME SJ-383
06/05/80 Senate Returned SJ-383
06/05/80 Senate Recalled from House SJ-383
06/05/80 House Non-concurrence in Senate amendment HJ-3685
06/16/80 Senate Senate insist upon amendment and conference
committee appointed SJ-3
06/16/80 House Conference committee appointed HJ-3697
06/16/80 House Conference report received HJ-3751
06/16/80 House Recommitted to conference committee HJ-3833
06/16/80 House SECOND CONFERENCE REPORT RECEIVED HJ-3836
06/16/80 House SECOND CONFERENCE REPORT ADOPTED HJ-3838
06/16/80 Senate Conference report received SJ-61
06/16/80 Senate Conference report adopted SJ-61
06/16/80 House Ordered enrolled for ratification HJ-3848
06/17/80 House Ratified R 642 HJ-3913
06/23/80 Signed By Governor
06/23/80 Effective date 06/23/80
06/23/80 Act No. 519
07/21/80 Copies available
(A519, R642, H4007)
AN ACT TO MAKE SUPPLEMENTAL APPROPRIATIONS FOR THE ORDINARY EXPENSES OF STATE
GOVERNMENT FOR FISCAL YEAR 1979-1980; TO PROVIDE AN INCOME TAX DEDUCTION FOR
CONSERVATION AND RENEWABLE SOURCE EXPENDITURES; TO AMEND SECTION 12-7-700,
CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO INCOME TAX, SO
AS TO ALLOW THE DEPENDENT CARE EXPENSE DEDUCTION WHEN ONE SPOUSE IS A STUDENT
AT AN EDUCATIONAL INSTITUTION; TO AUTHORIZE AN INCREASE IN THE SALARY OR THE
PRESIDENT OF THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND; TO AMEND
SECTIONS 40-56-10 AND 40-56-20 OF THE 1976
CODE, AS AMENDED, RELATING TO THE STATE BOARD OF PYROTECHNIC SAFETY, SO AS TO
PROVIDE THAT THE BUDGET AND CONTROL BOARD SHALL SUPERVISE THE ENFORCEMENT OF
THE LAWS AND REGULATIONS OF THE PYROTECHNIC SAFETY BOARD AND SHALL EMPLOY AND
SUPERVISE THE PERSONNEL NECESSARY TO CARRY OUT ITS DUTIES AND TO DELETE A
PROVISION THAT THE STATE FIRE MARSHAL SHALL ASSIST THE BOARD IN THE
PREPARATION OF REGULATIONS; TO AMEND ACT 184 OF 1977, RELATING TO CHILD DAY
CARE FACILITIES, SO AS TO PROVIDE FOR PROVISIONAL STATEMENTS OF REGISTRATION,
PROVISIONAL LICENSES OR PROVISIONAL APPROVAL FOR FACILITIES COVERED UNDER
ARTICLE V; TO AMEND SECTION 41-27-370 OF THE 1976 CODE, RELATING TO THE
DEFINITION OF UNEMPLOYED AS USED IN THE "SOUTH CAROLINA EMPLOYMENT
SECURITY LAW", SO AS TO DEEM AN INDIVIDUAL UNEMPLOYED IN ANY WEEK IN
WHICH HE RECEIVES NO GOVERNMENTAL OR OTHER PENSION, RETIREMENT PAY, ANNUITY OR
OTHER SIMILAR PERIODIC PAYMENT UNDER CERTAIN CONDITIONS; TO
PROVIDE THAT STUDENTS PARTICIPATING IN CHILD DEVELOPMENT PROGRAMS SHALL
RECEIVE TRANSPORTATION ON STATE-OWNED BUSSES; TO AMEND SECTION 13-3-90 OF THE
1976 CODE, RELATING TO THE POWERS AND DUTIES OF THE STATE DEVELOPMENT BOARD,
SO AS TO PROVIDE CERTAIN POWERS RELATIVE TO GIFTS, GRANTS, FUNDS AND PROPERTY;
TO PROVIDE FOR THE TRANSFER OF ANNUAL AND SICK LEAVE WITHIN LEGISLATIVE
DEPARTMENT AGENCIES; TO PROVIDE THAT THE STATE OR ANY COUNTY, MUNICIPALITY,
LOCAL ZONING AUTHORITY OR OTHER POLITICAL SUBDIVISION SHALL NOT REMOVE OR
CAUSE TO BE REMOVED ANY SIGN LOCATED IN VIEW OF AN INTERSTATE OR FEDERAL-AID
PRIMARY HIGHWAY AND LAWFULLY ERECTED UNDER THE LAWS OF THE STATE WITHOUT
PAYING JUST COMPENSATION; TO AMEND SECTION 42-9-300 OF THE 1976 CODE, RELATING
TO LUMP SUM SETTLEMENTS IN WORKMEN'S COMPENSATION CLAIMS, SO AS TO DEFINE THE
RIGHT OF CLAIMANTS AND DEPENDENTS TO SUCH SETTLEMENTS; TO SUSPEND THE
REQUIREMENT OF A ONE-WEEK WAITING PERIOD FOR ELIGIBILITY OF UNEMPLOYMENT
BENEFITS FROM JUNE 1, 1980, THROUGH SEPTEMBER 1, 1980; AND TO AMEND SECTIONS
12-21-1010 AND 12-21-1040 OF THE 1976 CODE AND ADD SECTION 61-9-615 TO THE
CODE, ALL RELATING TO WINES, SO AS TO DEFINE DOMESTIC WINE, PERMIT THE SALE,
DELIVERY OR  SHIPMENT OF DOMESTIC WINE WITH CERTAIN ALCOHOLIC CONTENT AND
PROVIDE FOR TEST SAMPLES WITHOUT CHARGE; TO AMEND AN ACT OF 1980, BEARING
RATIFICATION NO. 585, THE GENERAL APPROPRIATIONS ACT FOR 1980-81, SO AS TO
REQUIRE AN EQUITABLE FORMULA FOR ALLOCATION OF CERTAIN RETIREMENT AND
INSURANCE FUNDS FOR PUBLIC SCHOOL EMPLOYEES AND INCREASE THE SUPPLEMENT TO THE
INCOME OF AGED, BLIND OR DISABLED PERSONS; AND TO AMEND ACT 199 OF 1979, AS
AMENDED, THE GENERAL APPROPRIATIONS ACT FOR 1979-80, SO AS TO PROVIDE THAT
APPROPRIATIONS FOR CLERKS OF COURT AND PROBATE JUDGES MAY BE USED FOR NEW OR
EXISTING EMPLOYEES.
Be it enacted by the General Assembly of the State of South Carolina:
PART I
Section 1. The following sums of money, if so much be necessary, are
appropriated out of the General Fund of the State to supplement appropriations
heretofore made for the ordinary expenses of the state government for the
fiscal year 1979-1980:
1. Legislative Department:
The Senate:
Travel $ 4,000
Subsistence 3,000
Telephone 18,000
Approved Accounts 40,000
The House:
Approved Accounts $ 12,000
Special Services--Both Houses:
Nurse (T) $ 5,500
Supplies 1,000
Legislative Council:
Unclassified Positions $ 1,422
Employer Contributions 219
Printing Code Supplement 80,000
Legislative Information Systems:
DP Services--State 54,000
Fixed Charges:
Rents--State 34,178
Rents--Equipment -----------
Equipment $ 268,777
2,000
Total Legislative Department 13,458
-----------
Provided, that any unexpended balance at June 30, 1980, of the amount
appropriated in this item may be carried forward to fiscal year 1980-81 and
expended for the same purpose.
3. Governor's Office--SLED:
Equipment--Automotive 490,000
Equipment--Breathalyzer 42,000
Supplies--Breathalyzer 71,000
Printing--Breathalyzer 3,500
Personal Service--Terminal Leave 20,450
Governor's Office:
Governor's Task Force on Health
Care Cost Containment 50,000
Minority Business & Rural
Development 150,000
Governor's Summer School for
the Artistically Talented 115,000
Energy Tax Incentive Program 500,000
Emergency Preparedness--
Standards Development 5,000
Fuel Allocation--Operations 40,000
-----------
Total Governor's Office $ 1,486,950
-----------
Provided, that any unexpended balance at June 30, 1980, of the amounts
appropriated in this item may be carried forward to fiscal year 1980-81 and
expended for the same purpose.
Provided, further, that the seven hundred thousand dollars appropriated in
this Act for the Energy Tax Incentive-Program shall fund an income tax
deduction for qualified energy conservation expenditures and renewable energy
source expenditures in accord with the provisions of Section 2, Part II of
this Act.
Provided, further, that upon certification by the Tax Commission the Budget
and Control Board is authorized to reimburse the State General Fund the
amount, not to exceed five hundred thousand dollars, necessary to offset the
revenue reduction.
Provided, further, that the provisions of Act No. 217 of 1979 relating to
the suspension of brand names in connection with the sale of petroleum
products when necessary to comply with allocation orders of the State Energy
Office and to the authorization of the Governor to declare a State of
Emergency with regard to petroleum products under certain conditions shall be
extended until midnight, June 30, 1981.
Provided, further, that the amount appropriated in this item for Emergency
Preparedness Standards Development shall be used by the Division of Public
Safety Programs in accordance with the provisions of Part II, Section 21 of
Act 199 of 1979 relating to the development and coordination of a system of
comprehensive emergency management in order to develop recommendations for
(1) the definition of roles and responsibilities of the State agencies,
and a specific chain of command in the event of any type of emergency for the
notification, activation and operation of all State and local agencies
currently assigned various emergency preparedness functions; and
(2) the designation of State and local points of contact for official
public information in the event of any type of emergency; and
(3) the delineation of minimum standards for local civil defense program
operations and plans in South Carolina, including but not limited to,
personnel requirements, operating standards, written procedures and evacuation
plans along with review, update, and training requirements; and
(4) guidelines for a comprehensive public education program in emergency
preparedness and evacuation procedures.
Provided, further, that the recommendations developed under this item shall
be promulgated as regulations under the provisions of Act 176 of 1977 prior to
June 30, 1981.
4. Lieutenant Governor:
Equipment Automotive $ 9,800
-----------
Provided, that any unexpended balance at June 30, 1980, of the amounts
appropriated in this item may be carried forward to fiscal year 1980-81 and
expended for the same purpose.
7. State Treasurer:
Building Renovations $ 6,500
Contractual Services 10,000
-----------
Total State Treasurer $ 16,500
-----------
Provided, that any unexpended balance at June 30, 1980, of the amounts
appropriated in this item may be carried forward to fiscal year 1980-81 and
expended for the same purpose.
8. Attorney General:
Library Equipment--Dennis Building 43,061
Contractual Service--Telephone 1,421
Pre-Trial Intervention Program 46,826
Attorney Fees--Boundary Dispute 156,000
Warrant Tracking System 41,000
-----------
Total Attorney General $ 288,308
-----------
Provided, that any unexpended balance at June 30, 1980, of the amounts
appropriated in this item may be carried forward to fiscal year 1980-81 and
expended for the same purpose.
9. Commission on Appellate Defense:
Salaries and Employer
Contributions $ 77,223
-----------
Provided, that if LEAA funds are received the amount of such funds shall be
deducted from the funds appropriated in this item and such amount shall be
returned to the general fund. Provided, further, that any unexpended balance
on June 30, 1980, of the amounts appropriated in this item may be carried
forward to fiscal year 1980-81 and expended for the same purpose.
10. Adjutant General:
Administration:
Contractual Services--Intrusion
System $ 7,800
Military Personnel:
Tuition Assistance 40,000
Emergency Preparedness:
Rents--State Owned Buildings 9,405
-----------
Total Adjutant General's Office $ 57,205
-----------
11. Election Commission:
Election Expense $ 833,000
-----------
Total Election Commission $ 833,000
-----------
Provided, that any unexpended balance at June 30, 1980, of the amounts
appropriated in this item may be carried forward to fiscal year 1980-81 and
expended for the same purpose.
12. Budget and Control Board:
Executive Director:
Civil Contingency Fund $ 7,500
-----------
13. Finance:
Equipment 28,872
-----------
Total Finance $ 28,872
-----------
Provided, that any unexpended balance at June 30, 1980, of the amounts
appropriated in this item may be carried forward to fiscal year 1980-81 and
expended for the same purpose.
14. General Services:
Construction and Renovation:
Governor's Mansion 35,800
Renovation--State House 19,000
Renovation--Other Buildings 65,000
Engineering Operations Unit:
Insurance 12,000
Equipment 2,800
Debt Service 64,713
State Board of Pyrotechnic Safety 20,000
-----------
Total General Services $ 219,313
-----------
Provided, that any unexpended balance at June 30, 1980, of the amounts
appropriated in this item may be carried forward to fiscal year 1980-81 and
expended for the same purpose.
16. Division of Local Government:
Rural Improvements $ 3,500,000
-----------
Provided, that any unexpended balance at June 30, 1980, of the amounts
appropriated in this item may be carried forward to fiscal year 1980-81 and
expended for the same purpose.
18. Commission on Higher Education
Building Quality &
Utilization Survey $ 100,000
-----------
Provided, that any unexpended balance at June 30, 1980, of the amounts
appropriated in this item may be carried forward to fiscal year 1980-81 and
expended for the same purpose.
Provided, further, that the Commission on Higher Education shall obtain
approval of the State Budget and Control Board, with advice of the Joint Bon
Review Committee, prior to entering into a contract for the conducting of the
Building Quality and Utilization Survey.
19. Tuition Grants:
Provided, that the Higher Education Tuition Grants Commission is authorize
to expend funds appropriated for fiscal year 1980-81 to pay commitments
incurred in fiscal year 1979-80 for grant awards.
20. The Citadel:
Operation and Maintenance:
Equipment--Library Acquisition 138,000
-----------
Total The Citadel $ 138,000
-----------
Provided, that any unexpended balance at June 30, 1980, of the amounts
appropriated in this item may be carried forward to fiscal year 1980-81 and
expended for the same purpose.
21. Clemson University:
Public Service:
Other Contractual Services 184,357
-----------
Total Clemson University $ 184,357
-----------
23. Francis Marion College:
Renovations 306,700
-----------
Total Francis Marion College $ 306,700
-----------
Provided, that any unexpended balance at June 30, 1980, of the amounts
appropriated in this item may be carried forward to fiscal year 1980-81 and
expended for the same purpose.
Provided, further, that the College shall return to the State General Fund
such funds as may be received in settlement of the lawsuit pertaining to the
panel replacement project.
24. Lander College:
Nursing Program 28,000
-----------
Total Lander College $ 28,000
-----------
Provided, that any unexpended balance at June 30, 1980, of the amounts
appropriated in this item may be carried forward to fiscal year 1980-81 and
expended for the same purpose.
28. USC--Coastal:
Nursing Program 92,080
-----------
Total USC-Coastal 92,080
-----------
Provided, that any unexpended balance at June 30, 1980, of the amounts
appropriated in this item may be carried forward to fiscal year 1980-81 and
expended for the same purpose.
29. USC--Spartanburg:
Nursing Program 87,460
-----------
Total USC--Spartanburg $ 87,460
-----------
36. Medical University of S. C.:
Genetic Disease Program 45,000
-----------
Total Medical University of S. C $ 45,000
-----------
Provided, that the amounts appropriated herein to the Medical University of
South Carolina for Genetic Disease Assessment Program may be carried forward
and expended for the same purpose in 1980-81. Provided, further, that the
funds appropriated for this project shall be used to provide an assessment of
the current genetic disease programs in South Carolina, as well as other
states, and conduct a needs assessment related to genetic diseases testing and
counseling in South Carolina. The project shall be conducted by the three
regional genetic disease directors with the advice and assistance of other
individuals and organizations as they may deem necessary. Recommendations
shall be submitted to the General Assembly no later than June 30, 1981 at
which time the Genetic Disease Assessment Project shall cease to exist, and
funds expended shall be reviewed by the State Auditor for compliance with
applicable State statutes and regulations.
37. Technical & Comprehensive Education:
Equipment $ 10,240
-----------
Total Technical & Comp. Educ $ 10,240
-----------
Provided, that any unexpended balance at June 30, 1980, of the amounts
appropriated in this item may be carried forward to fiscal year 1980-81 and
expended for the same purpose.
38. Department of Education:
Gasoline 1,582,861
School Busses 2,000,000
School Textbooks 1,500,000
Service Vehicles 81,250
Adult Education 25,339
Voc. Education-Nursing Program 569,000
-----------
Total Department of Education $ 5,758,450
-----------
Provided, that any unexpended balance at June 30, 1980, of the amounts
appropriated in this item may be carried forward to fiscal year 1980-81 and
expended for the same purpose.
Provided, further, that any unexpended gasoline funds appropriated in this
Act to the Department of Education may be used for School Bus Purchases in
1980-81.
Provided, further, that any unexpended funds appropriated for Implementation
of Task Force on Teacher Certification by Act 194 of 1979 may be carried
forward to fiscal year 1980-81 and expended for the same purpose.
Provided, further, that any shortfall in the 1979-80 appropriations for
employe benefits for public school employees shall be paid from the General
Fund surplus after the close of the fiscal year and after the provision for
the Reserve Fund. Should the amount of surplus be insufficient to cover the
shortfall, the Department of Education is directed to pay the difference from
any unexpended balance in an account of that Agency.
39. ETV Commission:
Production Costs 50,000
-----------
Total ETV Commission $ 50,000
-----------
Provided, that any unexpended balance at June 30, 1980, of the amounts
appropriated for Production Costs may be carried forward to fiscal year
1980-81 and expended for the same purpose.
40. Wil Lou Gray Opportunity School:
Support Services:
Permanent Improvements 33,800
-----------
Total Wil Lou Gray
Opportunity School $ 33,800
-----------
Provided, that any unexpended balance at June 30, 1980, of the amounts
appropriated in this item may be carried forward to fiscal year 1980-81 and
expended for the same purpose.
41. School for the Deaf & the Blind:
Building Renovations $ 1,000
Personnel Staffing Study 5,000
-----------
Total School for the Deaf and Blind $ 6,000
-----------
Provided, that any unexpended balance at June 30, 1980, of the amounts
appropriated in this item may be carried forward to fiscal year 1980-81 and
expended for the same purpose.
Provided, further, that the amount appropriated for the Personnel Staffing
Study shall be carried forward to FY '81 budget of the School for the Deaf and
Blind.
Provided, further, however, that the South Carolina School for the Deaf and
Blind shall charge the President $100 per month plus the cost of utilities for
the use of the President's house.
42. Department of Archives & History:
Records Management--Equipment 42,000
-----------
Total Archives and History $ 42,000
-----------
Provided, that any unexpended balance at June 30, 1980, of the amounts
appropriated in this item may be carried forward to fiscal year 1980-81 and
expended for the same purpose.
43. Confederate Relic Room:
Equipment--Palmetto Arms $ 2,100
-----------
Total Confederate Relic Room $ 2,100
-----------
Provided, that any unexpended balance at June 30, 1980, of the amounts
appropriated in this item may be carried forward to fiscal year 1980-81 and
expended for the same purpose.
44. Arts Commission:
Roof Repairs $ 10,000
General Operations 30,000
-----------
Total Arts Commission $ 40,000
-----------
Provided, that any unexpended balance at June 30, 1980, of the amounts
appropriated in this item may be carried forward to fiscal year 1980-81 and
expended for the same purpose.
45. Museum Commission:
General Operations $ 43,000
Provided, that any unexpended balance at June 30, 1980, of the amounts
appropriated in this item may be carried forward to fiscal year 1980-81 and
expended for the same purpose.
46. Health & Environmental Control:
Emergency Medical Services $ 120,000
Vaccine for Immunizations 250,000
General Operations--State Parks 135,000
S. C. Rural Water & Sewer Grants 300,000
Appalachian Health District 1--
Rural Health 28,000
Renal Dialysis 230,000
-----------
Total Health & Environmental
Control $ 1,063,000
-----------
Provided, that any unexpended balance at June 30, 1980, of the amounts
appropriated in this item may be carried forward to fiscal year 1980-81 and
expended for the same purpose.
Provided, further, that any unexpended balance at June 30, 1980, of the
amounts appropriated for Immunizations/Vaccines may be carried forward to
fiscal year 1980-81 and expended for the same purpose.
Provided, further, that the $120,000 appropriated in this item for Emergency
Medical Services shall be expended for allocations to the private sector.
47. Department of Mental Health:
State Hospital:
Classified Positions $ 125,000
Employer Contributions 15,363
Crafts-Farrow:
Classified Positions 97,300
Employer Contributions 12,037
Anderson-Oconee-Pickens:
Other Operating Expenses 25,000
Columbia Area Center:
Operating Expenses 234,000
Spartanburg Area Center:
Operating Expenses 25,000
Santee-Wateree Area Center:
Operating Expenses 216,905
Addiction Specialists (8) 90,000
-----------
Total Mental Health $ 840,605
Provided, that the amounts appropriated herein to the Department of Mental
Health for the Columbia Area Center, not to exceed $194,000 may be carried
forward and expended for the same purpose in 1980 81.
Provided, further, that the amounts appropriated herein to the Department of
Mental Health for Anderson-Oconee-Pickens, the Spartanburg Area Center, and
the Santee-Wateree Center may be carried forward and expended for the same
purpose in 1980-81.
Provided, further, that any unexpended balance at June 30, 1980, of the
amounts appropriated in this item may be carried forward to fiscal year
1980-81 and expended for the same purpose.
48. Mental Retardation:
Piedmont Center 40,000
Community Services Programs--
Title XX Replacement 213,693
-----------
Total Mental Retardation $ 253,693
-----------
Provided, that any unexpended balance at June 30, 1980, of the amounts
appropriated in this item may be carried forward to fiscal year 1980-81 and
expended for the same purpose.
49. Alcohol and Drug Abuse:
Drug Abuse Comm. Service
Programs 152,309
Drug Abuse Prevention Formula
Grants 50,000
Alcoholism Treatment and
Rehabilitation 79,476
Aid to Entities--Title XX
Indirect Cost Carryover 1980-81 96,414
Aid to Entities--Title XX
Indirect Cost Replacement 1979-80 96,414
-----------
Total Alcohol and Drug Abuse $ 475,113
-----------
Provided, that this sum of money is appropriated out of the General Fund of
the State to supplement appropriations heretofore made for the ordinary
expense of the State government for the fiscal year 1979-80, and if any of the
funds so appropriated are not expended in fiscal year 1979-80, they may be
carried forward and used for the same purpose during the fiscal year 1980-81.
Provided, Further, That of the appropriations contained in this section,
$282,285 shall be contingent upon the Commission on Alcohol and Drug Abuse
receiving and remitting to the General Fund indirect and/or overhead cost
recoveries of a like amount. If the indirect and/or overhead cost recoveries
are less than the foregoing amount, the appropriations provided in this
section shall be reduced by the difference between the foregoing amount and
the amount actual collected and remitted to the General Fund. However, nothing
contained here shall be construed as authorizing additional appropriations
should the indirect and/or overhead cost recoveries exceed $282,285.
Provided, Further, That of the appropriations contained in this section,
$96,414 shall be contingent upon the Commission on Alcohol and Drug Abuse
receiving an remitting to the General Fund indirect and/or overhead cost
recoveries of a like amount. If the indirect and/or overhead cost recoveries
are less than the foregoing amount, the appropriations provided in this
section shall be reduced by the different between the foregoing amount and the
amount actually collected and remitted to the General Fund. However, nothing
contained herein shall be construed as authorizing additional appropriations
should the indirect and/or overhead cost recoveries exceed $96,414.
50. Department of Social Services:
Medical Assistance Program $ 2,000,000
Day Care 800,000
Case Worker Training 80,000
Battered Adults Program 50,000
Title XX Provider Services 500,000
Commission on Aging 200,000
-----------
Total Department of
Social Services $ 3,630,000
-----------
Provided, that any unexpended balance at June 30, 1980, of the amounts
appropriated in this item may be carried forward to fiscal year 1980-81 and
expended for the same purpose.
Provided, further that should federal funds become available to the
Department of Social Services to carry out the Day Care Program, the $800,000
appropriated in this item shall revert to the General Fund of the State.
Provided, further, that $800,000 of this amount is to provide for the full
operation of the Child Development Service necessitated by a downward
adjustment in the availability of federal funds from the national level.
Provided, further, that the $500,000 and $200,000 shall be allocated to
Title XX contract providers, and direct operations of the Department of Social
Services if needed, to maintain as near as possible a 36percent contracted
ratio to the total Title XX Comprehensive Annual Services Program Plan, and to
restore all services as proposed therein with adjustments as required by the
funding designation to the Commission on Aging contained herein, such
participation being necessitated by a reduction of federal funding from the
national program.
Provided, further, that of this amount to replace the federal funds, the
Department of Social Services and other service providers will provide an
amount equal to 25percent to match with 75percent of any amount expended from
the amounts appropriated.
Provided, further, that should federal funds become available to the
Department of Social Services to carry out the services for which these
amounts are appropriated, an amount equal to the federal funds shall revert to
the General Fund of the State.
Provided, further, that the stated amounts will be expended as distributed
and any changes to the distribution of amounts appropriated or the match
requirement will be authorized with the approval of the Budget and Control
Board.
52. Children's Bureau:
Title XX Audit Exception 9,714
Continued Medical Payments for
Mentally and Physically
Handicapped Children 4,000
-----------
Total Children's Bureau $ 13,714
-----------
52-A. Human Affairs Commission:
Furnishings & Equipment $ 35,000
-----------
53. Department of Corrections:
Medical & Health 50,000
Food Supplies 50,000
Motor Vehicle Supplies 50,000
General Operations 100,000
-----------
Total Department of Corrections $ 250,000
-----------
53A. Probation, Pardon & Parole Board:
General Operations $ 16,500
-----------
Provided, that any unexpended balance at June 30, 1980, of the amounts
appropriated in this item may be carried forward to fiscal year 1980-81 and
expended for the same purpose.
56. Land Resources Commission:
Soil Survey 50,000
Radio Equipment 6,000
Goose Creek Reservoir Study 15,000
-----------
Total Land Resources Commission $ 71,000
-----------
Provided, that any unexpended balance at June 30, 1980, of the amounts
appropriated in this item may be carried forward to fiscal year 1980-81 and
expended for the same purpose.
Provided, further, that the funds appropriated for the Goose Creek Reservoir
Study shall be used exclusively for A and E services to determine the scope of
work required and anticipated cost of maintaining the Goose Creek Reservoir
when and if abandoned by the Commissioners of Public Works, Charleston, South
Carolina.
57. Forestry Commission:
Administration:
Other Operating Expenses $ 21,518
Clothing--Field Personnel 70,000
-----------
Total Forestry Commission $ 91,518
-----------
Provided, that the amounts appropriated herein to the State Forestry
Commission for Clothing--Field Personnel may be carried forward and expended
for the same purpose in 1980-81.
58. Department of Agriculture:
Contractual Services $ 19,375
Equipment 16,000
Motor Vehicle 6,500
-----------
Total Agriculture $ 41,875
-----------
Provided, that any unexpended balance at June 30, 1980, of the amounts
appropriated in this item may be carried forward to fiscal year 1980-81 and
expended for the same purpose.
59. Wildlife and Marine Resources:
Law Enforcement:
Motor Vehicles 368,641
Repairs-Capers Island 51,000
Moving Expenses 66,000
Mariculture Facility 150,000
Boat Slip Dredging 50,000
Contractual Services 25,000
Construction 35,000
-----------
Total Wildlife and
Marine Resources $ 745,641
-----------
Provided, that any unexpended balance at June 30, 1980, of the amounts
appropriated in this item may be carried forward to fiscal year 1980-81 and
expended for the same purpose.
60. Parks, Recreation & Tourism:
Carpet and Equipment--
Welcome Center $ 45,975
Foreign Tourism Promotion 100,000
Dillon Park Project 22,000
Swamp Fox Country Tourism
Comm 40,000
Spoleto USA 125,000
-----------
Total Parks, Recreation & Tourism $ 332,975
-----------
Provided, that any unexpended balance at June 30, 1980, of the amounts
appropriated in this item may be carried forward to fiscal year 1980-81 and
expended for the same purpose.
61. State Development Board:
Other Operating Expenses 50,000
-----------
Total State Development Board $ 50,000
-----------
62. Patriot's Point Development Authority:
Lawsuit Reimbursement $ 37,500
-----------
63. Old Exchange Building Commission:
General Operations 67,000
-----------
Total Old Exchange Bld. Comm. $ 67,000
-----------
Provided, that any unexpended balance at June 30, 1980, of the amounts
appropriated in this item may be carried forward to fiscal year 1980-81 and
expended for the same purpose.
64. American Revolution Bicentennial Commission:
Operating Expenses $ 10,000
-----------
Provided, that any unexpended balance at June 30, 1980, of the amounts
appropriated for the S. C. American Revolution Bicentennial Commission may be
carried forward to fiscal year 1980-81 and expended for the same purpose.
65. Industrial Commission:
Judicial:
Commissioner $ 5,176
Employer Contributions 706
Administration:
Classified Positions 7,941
Employer Contributions 1,082
-----------
Total Industrial Commission $ 14,905
-----------
Provided, that any unexpended balance at June 30, 1980, of the amounts
appropriated for the Industrial Commission may be carried forward to fiscal
year 1980-81 and expended for the same purpose.
66. Insurance Department:
Contractual Services 18,832
Supplies 29,686
Equipment 3,925
-----------
Total Insurance Department $ 52,443
-----------
Provided, that any unexpended balance at June 30, 1980, of the amounts
appropriated in this item may be carried forward to fiscal year 1980-81 and
expended for the same purpose.
68. State Tax Commission:
Classified Positions $ 223,513
Contractual Services 33,000
Supplies--Postage 33,076
-----------
Total State Tax Commission $ 289,589
-----------
Provided, that any unexpended balance at June 30, 1980 of the $33,000
appropriated for Contractual Services in this item may be carried forward to
fiscal year 1980-81 and expended for the same purpose.
69. Alcoholic Beverage Control Commission:
Supplies--Motor Vehicle $ 18,000
Travel 5,000
Equipment--Automobiles and Radios 53,220
-----------
Total ABC Commission $ 76,220
-----------
Provided, that any Unexpended balance at June 30, 1980 of the $53,220 appro-
priated for Equipment--Automobile and Radios in this item may be carried
forward to fiscal year 1980-81 and expended for the same purpose.
70. S. C. Board of Accountancy:
Personal Service:
Unclassified $ 6,000
Classified 5,100
Employee Benefits 899
-----------
Total Board of Accountancy $ 11,999
-----------
Provided, that any unexpended balance at June 30, 1980, of the amounts
appropriated in this item may be carried for yard to fiscal year 1980-81 and
expended for the same purpose.
Provided, further, that the amount appropriated for unclassified positions
shall be utilized to increase the 1980-81 salary of the Executive Director of
the S. C. Board of Accountancy due to an increase in working hours.
71. State Board of Architectural Examiners:
Personal Service $ 4,750
-----------
Provided, that any unexpended balance at June 30, 1980, of the amounts
appropriated in this item may be carried forward to fiscal year 1980-81 and
expended for the same purpose.
Provided, further, that the amount appropriated for unclassified positions
shall be utilized to increase the 1980-81 salary for the Executive
Secretary-Treasurer of the State Board of Architectural Examiners due to an
increase in working hours.
72. S. C. Licensing Board for Contractors:
General Operations $ 1,500
-----------
73. Funeral Service Board:
Contractual Services $ 3,000
-----------
75. Real Estate Commission:
Building Renovations $ 500
-----------
Total Real Estate Commission $ 500
-----------
Provided, that any unexpended balance at June 30, 1980, of the amounts
appropriated in this item may be carried forward to fiscal year 1980-81 and
expended for the same purpose.
76. Residential Home Builders:
Building Renovations $ 1,692
-----------
Provided, that any unexpended balance at June 30, 1980, of the amounts
appropriated in this item may be carried forward to fiscal year 1980-81 and
expended for the same purpose.
77. State Board of Chiropractic Examiners:
General Operations $ 23,970
-----------
78. Aeronautics Commission:
Building Renovations $ 2,000
Cherokee Airport--A & E 35,000
Bamberg Airport 125,000
Equipment, Truck--Grass Cutters 215,000
Aircraft Maintenance 37,000
Fuel 49,000
Air Service Study 40,000
-----------
Total Aeronautics $ 503,000
-----------
Provided, that any unexpended balance at June 30, 1980, of the amounts
appropriated in this item may be carried forward to fiscal year 1980-81 and
expended for the same purpose.
79. Department of Highways and Public
Transportation Interagency Council:
General operations $ 25,000
-----------
Provided, that whereas the State Public Transportation Pilot Project has
been delayed in its scheduled implementation; and whereas the General Assembly
is supportive of demonstrating alternative transportation systems, inclusive
of consolidated transportation. Therefore, State and Federal funds for state
fiscal year 1981 allocated by the Department of Social Services, Commission on
Aging, Department of Mental Retardation, Department of Vocational
Rehabilitation, and the Governor's Office-Manpower Division must be contracted
directly or indirectly to the Santee-Wateree Regional Transportation Authority
for the provision of transportation services in the Santee-Lynches Region. The
contracts must be in effect July 1, 1980 and continue through June 30, 1981.
Such State and Federal funds must equal $36,000 from Department of Social
Services Title XX for 225,000 passenger miles, $92,500 from Commission on
Aging for 578,125 passenger miles, $18,000 from Department of Vocational
Rehabilitation for 112,500 passenger miles, $94,000 from Department of Mental
Retardation for 587,500 passenger miles, and actual cost for all Manpower
Division CETA and Department of Social Service Title XIX transportation
services.
Additional funds required to provide transportation services for 459,000
Department of Social Services Title XX passenger miles, 1,290,275 Commission
on Aging passenger miles or equivalent, 1,162,500 Department of Mental
Retardation passenger miles and 103,500 Department of Vocational
Rehabilitation passenger miles shall be funded by the above appropriated
$25,000 state subsidy for provision of these services by the Santee-Wateree
Regional Transportation Authority.
A regional Committee shall be established to advise the Interagency Council
and the Santee-Wateree Regional Transportation Authority in the implementation
of the project, including the planning for services at the conclusion of the
project The Committee shall be composed of representatives of all local
participating agencies. The chairman of the Committee shall be elected at the
first meeting from among its membership. The Committee shall meet monthly
during the period state, above. The Committee shall be effective immediately
upon the passage of this ac and staffed by the Santee-Lynches Council for
Governments.
The responsibility for the implementation of this proviso will be that of
the Chief Commissioner of the Department of Highways and Public Transportation
with the advice and consent of the Interagency Council on Public
Transportation and individually that of the directors of the agencies named
above.
The language of this proviso shall amend and extend for one year Act 644, of
1978, Part II, Section 26.
80. Miscellaneous:
Catawba Indian Reservation
Study Committee $ 12,500
Committee on Tourism 5,000
-----------
Total Miscellaneous $ 17,500
-----------
Provided, that any unexpended balance at June 30, 1980, of the amounts
appropriated in this item may be carried forward to fiscal year 1980-81 and
expended for the same purpose.
81. Contributions:
Charleston Museum $ 62,500
Historical Camden 25,000
Greenville Museum 56,750
The Museum-Greenwood 35,000
Battle of Star Fort
Historical Drama 12,000
Florence Crittendon Home 29,000
St. Nicholas School 100,000
S. C. Council on Economic Education 30,000
Evergreen Skills Facility 40,000
Palmetto Pathway Homes--Renovation 40,000
Calhoun County Museum 25,000
-----------
Total Contributions $ 455,250
-----------
Provided, that any unexpended balance at June 30, 1980, of the amounts
appropriated in this item may be carried forward to fiscal year 1980-81 and
expended for the same purpose.
Provided, further, that the funds appropriated for Palmetto Pathway Homes
and the Evergreen Skills Facility shall be made available only after the
Budget and Control Board has determined that the titles to the properties to
be renovated are held by the State of South Carolina or a political
subdivision thereof.
82. S. C. Public Service Merit Selection Panel:
Per Diem $ 3,850
Other Operating Expenses 4,279
Job Advertising 5,000
-----------
Total Public Service Merit
Selection Panel $ 13,129
-----------
Provided, that funds provided for job advertising shall be used only for
advertising the position or positions of Public Service Commissioners; and any
funds not so expended shall be returned to the General Fund.
Total All State Agencies $23,280,216
===========
83. Provided, that the unexpended 1979-80 balance, not to exceed $20,000 for
Discover Upcountry Carolina Association, may be carried forward and expended
for that purpose by the Division of Parks, Recreation and Tourism in 1980-81.
84. Provided, that the unexpended 1979-80 balance, not to exceed $40,000 for
Musgrove State Park--Permanent Improvement may be carried forward and expended
for that purpose by the Division of Parks, Recreation and Tourism in 1980-81.
85. Provided, that the unexpended 1979-80 balance, not to exceed $10,000 for
the State Reorganization Commission may be carried forward and expended by the
State Reorganization Commission in 1980-81.
86. Provided, that whereas the General Assembly has determined that certain
account balances totaling $212,069.19 remain from appropriations made prior to
July 1, 1974, for various types of improvements for airports, it is the intent
of the General Assembly that the following project balances shall be canceled
and these amounts shall be returned by the Comptroller General to the General
Fund of the State.
Bennettsville Airport $ 40,000.00
Marion-Mullins Airport 22,110.29
Moncks Corner Airport 20,000.00
Cheraw Airport 3,975.00
Allendale Airport 4,599.86
Dillon Airport 3,081.62
Marlboro Airport 5,614.19
Hemingway Airport 1,413.94
Gaffney Airport 25,000.00
Clarendon Airport 527.63
Aiken Airport 2,281.66
Laurens Airport 7,940.00
Lee Airport 44,750.00
Cherokee Airport 25,000.00
Bishopville Airport 5,775.00
87. Provided, that notwithstanding the amount appropriated for the position
of Director, the annual salary of the Director of the Sea Grants Consortium
may be increased for fiscal year 1980-81 by an amount not to exceed $3,000.
88. Amend Section 28, Part I, of an Act of 1980 with Ratification No. 585
(1980 General Appropriations Act) by deleting the proviso which reads:
"Provided, further, that notwithstanding the amounts appropriated in
this section under 'State Employer Contributions' for 'Public School
Employees--Retirement, Social Security, and Group Life Insurance,' the State
Treasurer and the Comptroller General are hereby authorized and directed to
transfer from the General Fund of the State to the proper Retirement System
accounts, month by month, during the fiscal year 1980-81, such funds as are
necessary to comply with the terms of the Retirement Act as amended, as to
contributions by the State of South Carolina to the Retirement System."
and inserting:
"Provided, further, that notwithstanding any other provisions of law,
beginning in 1981-82, the amounts appropriated in this section under 'State
Employer Contributions' for State Retirement, Group Life Insurance, Social
Security, and Health Insurance for Public School Employees shall be the total
amount provided for these purposes. The Committee to Study State Educational
System shall be directed to devise and recommend to the Budget and Control
Board an equitable formula for the allocation of these funds to the various
school districts. School districts shall be notified of this formula prior to
January 1, 1981, and the formula shall become effective beginning with the
1981-82 fiscal year."
89. Amend Section 42, Part I, of an Act of 1980 with Ratification No. 585
(1980 General Appropriations Act) by deleting the proviso which reads:
"Provided, further, that from the appropriation made herein for General
Assistance, the Department may elect to supplement the income of individuals
who reside in licensed residential care facilities and who either qualify as
aged, blind or disabled under the definitions of Public Law 92-603, U. S.
Code, or who would qualify except for income limitations. The Department may
elect to supplement the income of the above defined group up to a maximum of
$345.00 per month. The residential care facilities are authorized to charge a
fee of $320.00 per month for this defined group, and the Department will allow
an additional $25.00 per month for the individual's personal needs."
and inserting:
"Provided, further, that from the appropriation made herein for General
Assistance, the Department may elect to supplement the income of individuals
who reside in licensed residential care facilities and who either qualify as
aged, blind or disabled under the definitions of Public Law 92-603, U. S.
Code, or who would qualify except for income limitations. The Department may
elect to supplement the income of the above defined group up to a maximum of
$353.00 per month. The residential care facilities are authorized to charge a
fee of $328.00 per month for this defined group, and the Department will allow
an additional $25.00 per month for the individual's personal needs."
90. The second and third provisos from the end of Section 8, Part I, Act 199
of 1979, are amended to read:
"Provided, Further, That of the amount appropriated in this section for
Clerks of Court $3,000 shall be distributed to each County Treasurer, of which
$1,500 shall be used as a salary supplement to each Clerk of Court, and $1,500
shall be used by each Clerk of Court to secure additional clerical help.
Payment shall be made to each County Treasurer in a single lump sum at the
beginning of the fiscal year. The $1,500 appropriation contained in this
proviso to secure additional clerical help may be used for new or existing
employees.
Provided, Further, That of the amount appropriated in this section for
Probate Judges $3,000 shall be distributed to each County Treasurer, of which
$1,500 shall be used as a salary supplement to each Probate Judge, and $1,500
shall be used by each Probate Judge to secure additional clerical help.
Payment shall be made to each County Treasurer in a single lump sum at the
beginning of the fiscal year. The $1,500 appropriation contained in this
proviso to secure additional clerical help may be used for new or existing
employees."
PART II
Permanent Provisions
SECTION 1
It is hereby declared to be the intent of thee General Assembly that the
following sections shall constitute a part of the permanent laws of the State
of South Carolina, and the Code Commissioner is hereby directed to include
same in the next edition of the Code of Laws of South Carolina and all
supplements to the Code.
SECTION 2
Income Tax Deduction for Conservation and Renewable Source Expenditures
A. Notwithstanding any other provision of law and subject to the conditions
prescribed in this section, any taxpayer as defined in B of this section shall
be allowed a state income tax deduction equal to twenty-five percent of the
purchase price up to a maximum of one thousand dollars of qualified energy
conservation expenditures and renewable energy source expenditures as such
expenditures are defined in B of this section.
B.
(1) "Taxpayer" means any individual, fiduciary or corporation
subject to the Income Tax Act of 1926 (Chapter 7 of Title 12 of the 1976
Code).
(2) "Qualified energy conservation expenditure" means expenditures
by the taxpayer for insulation or any other energy-conserving component
installed in or on a residential or nonresidential building:
(a) which is located in the State;
(b) which is used by the taxpayer, or his tenants in a landlord/tenant
relationship, for residential, commercial or industrial purposes;
(c) the construction of which was substantially completed before July 1,
1980; provided, that each insulation or other energy-conserving component
shall be Installed on or after July 1, 1980.
(d) insulation installations to qualify as qualified energy conservation
expenditures are required to meet the minimum insulation standards prescribed
by state law and expenditures therefore are required to have been made prior
to June 30, 1983, to qualify for the deduction.
(3) "Qualified renewable energy source expenditure" means an
expenditure made between July 1, 1980, and June 30, 1983, by the taxpayer for
renewable energy source property installed in connection with a residential or
nonresidential building:
(a) which is located in the State;
(b) which is used by the taxpayer, or his tenants in a landlord/tenant
relationship, for residential, commercial or industrial purposes.
"Qualified renewable energy source expenditure'' includes, but is not
limited to, expenditures for labor costs properly allocable to the on-site
preparation, assembly, or original installation of renewable energy source
property but does not include any expenditure allocable to a swimming pool
used as an energy storage medium, or to any other energy storage medium which
has a primary function other than energy storage.
(4) "Other energy-conserving component" means any item or material
other than insulation:
(a) which is:
(1) a furnace burner installed to replace a less energy efficient burner
and designed to achieve a reduction in the amount of fuel consumed as a result
of increased combustion efficiency;
(2) a device for modifying fuel openings and designed to increase the
efficiency of operation of the heating system;
(3) an electrical or mechanical furnace ignition system which replaces a
gas pilot light;
(4) an exterior storm or thermal window or door;
(5) an energy-saving automatic setback thermostat;
(6) caulking or weatherstripping of an exterior door or window;
(7) a motor-driven or wind-driven vent;
(8) an attic fan;
(9) a glass fireplace door which is installed by or at the instance of
the taxpayer;
(10) an energy control or monitoring device;
(11) any other device as set forth in regulations promulgated by the
Division of Energy Resources in accordance with Act 176 Of 1977.
(b) which can reasonably be expected to be effective or remain in
operation for at least three years; and
(c) which meets the performance, quality and safety standards, if any,
which:
(1) have been prescribed by federal or state law or regulations;
(2) are in effect at the time of the acquisition of the item or
material.
(5) "Renewable energy source property" means property:
(a) which, when installed in connection with a building, transmits or
uses as an energy source in such building:
(1) solar energy (active and passive systems), biomass conversion,
energy derived from geothermal deposits, the potential energy of falling or no
wing water (water wheel) to produce mechanical or electrical energy, or any
other form of renewable energy specified in regulations promulgated by the Tax
Commission, after consultation with the Governor's Division of Energy
Resources, for the purpose of heating, cooling or providing hot water for use
within such buildings;
(2) wind energy;
(3) energy from the burning of wood in stoves or furnaces other than
fireplaces; and
(b) which is installed by or at the instance of the taxpayer; and
(c) which can reasonably be expected to be effective or remain in
operation for at least five years; and
(d) Which meets the performance and quality standards, if any,
(1) have been prescribed by federal or state law or regulations;
(2) are in effect at the time of the acquisition of the property.
C. A taxpayer may claim as a deduction all qualified energy conservation
expenditures and all qualified renewable energy source expenditures made
during a taxable year to the amount authorized in A of this section. If the
amount of such deduction exceeds the taxpayer's gross income for such taxable
year, the amount thereof which exceeds such gross income may be carried over
for deduction from the taxpayer's gross income in the next five succeeding
taxable years until the total amount of the tax deduction has been taken.
D. The Tax Commission is authorized to establish procedures and promulgate
regulations in accordance with Act 176 of 1977 for the administration of this
section after consultation with the Governor's Division of Energy Resources.
SECTION 3
To Amend Section 12-7-700, Code of Laws of South Carolina, 1976, as Amended,
Relating to Income Tax, so As to Allow the Dependent Care Expense Deduction
When One Spouse Is a Student at an Educational Institution.
(A) The last proviso of item (17) of Section 12-7-700 of the 1976 Code is
amended by adding after "item (C)" on line four: ", or the
spouse is a full-time student at an educational institution". The proviso
when amended shall read:
"Provided, further, that this deduction shall be allowed for married
couples, only if both spouses are gainfully employed on a substantially
full-time basis, or the spouse is a qualifying individual described in item
(C), or the spouse is a full-time student at an educational institution.
However, in the case of a married individual, filing a separate return, who
lives apart from his spouse, this deduction shall be allowed if such taxpayer
maintains as his home a household which constitutes for more than one half of
the taxable year the principal place of abode of a qualifying individual, with
respect to whom such individual is entitled to an exemption for the taxable
year."
(B) The provisions of this section shall be applicable for the tax year
beginning January 1, 1981, and each year thereafter.
SECTION 4
In order to facilitate the recruitment of a new President, the South
Carolina School for the Deaf and the Blind is authorized to increase the
salary of the President up to $40,000 for Fiscal Year 1980-81, with the
approval of the Budget and Control Board.
SECTION 5
Section 40-56-10 of the Code of Laws of 1976 is hereby amended by striking
the last sentence of the Section which reads as follows:
"The Office of the State Fire Marshal shall provide such clerical
assistance, office space and other facilities as may be required by the Board
to perform its prescribed functions."
and substituting the following:
"The General Services Division of the Budget and Control Board shall
supervise the enforcement of the laws and regulations of the State Board of
Pyrotechnic Safety and shall employ and supervise personnel necessary to carry
out the duties of this Board."
SECTION 6
Section 40-56-20 of the Code of Laws of 1976 is hereby amended by striking
the second sentence of the Section which reads as follows:
"The State Fire Marshal shall assist the Board in the preparation of
necessary regulations and be responsible for the enforcement thereof."
SECTION 7
To Amend Act 184 of 1977, Relating to Child Day Care Facilities, so as to
Provide for Provisional Statements of Registration, Provisional Licenses, or
Provisional Approval for Facilities covered under Article V of the Act.
Subsection a of Section 5 of Article VI of Act 184 of 1977 is amended to
read:
"a. The department shall have power to issue a provisional
registration, provisional license, or provisional approval only when the
department is satisfied that (1) the regulations can and will be met within a
reasonable time, and (2) the deviations do not seriously threaten the health
or safety of the children. Such provisional registration, provisional license,
or provisional approval, may be extended for such period as may be determined
by the department but in no case beyond July 1, 1981."
SECTION 8
To Amend Section 41-27-370, Code of Laws of South Carolina, 1976, Relating
to the Definition of Unemployed as used in the "South Carolina Employment
Security Law", so as to deem an Individual Unemployed in any week in
which he Receives no Governmental or other Pension, Retirement Pays Annuity or
other Similar Periodic payment under certain conditions.
Section 41-27-370 of the 1976 Code is amended by adding after the first
paragraph:
"An individual shall be deemed 'unemployed' in any week during which no
governmental or other pension, retirement pay, annuity or other similar
periodic payment which is attributable to his employment is payable to him or,
if such payment is payable to him with respect to such weeks, the amount
thereof is less than his weekly benefit amount. Each eligible individual, who
is unemployed in any week and who is receiving a governmental or other
pension, retirement pay, annuity or other similar periodic payment which is
attributable to his employment shall be paid with respect to such week a I
benefit in an amount equal to his weekly benefit amount less the pension,
retirement pay, annuity or other similar periodic payment payable to him with
respect to such week. Such benefit if not a multiple of one dollar shall be
computed to the nearest one dollar. The amount of benefits payable to an
individual for any week which begins after the effective date of the
applicable provision in the Federal Unemployment Tax Act and which begins in a
period with respect to which such individual is receiving a governmental or
other pension, retirement or retired pay, annuity or other similar periodic
payment which is based on the previous work of such individual shall be
reduced (but not below zero) by an amount equal to the amount of such pension,
retirement or retired pay, annuity or other payment which is reasonably
attributable to such week; provided, that if the provisions of the Federal
Unemployment Tax Act permit, the requirements of this paragraph shall only
apply in the case of a pension, retirement or retired pay, annuity, or other
similar periodic payment under a plan maintained (or contributed to) by a base
period employer."
SECTION 9
Students Participating in Child Development Programs to Receive
Transportation on State-Owned Busses.
All three, four or five-year old children attending public school-sponsored
programs of child development shall be permitted to ride state-owned busses so
long as routes do not have to be altered, additional equipment is not required
and no additional costs are incurred by the State.
SECTION 10
To Amend Section 13-3-90, Code of Laws of South Carolina, 1976, Relating to
the Powers and Duties of the State Development Board.
Item (11) of Section 13-3-90 of the 1976 Code is amended to read:
"(11) To accept gifts, grants, funds and property for the purpose of
accomplishing its objectives and to administer and disburse gifts, grants, and
funds and dispose of property to counties, municipalities and local agencies
performing a public service or function which may in turn disburse such gifts,
grants and funds or make such property available to eligible participants in a
program established to perform and implement such public service or function,
subject to the approval of the Budget and Control Board."
SECTION 11
To Provide for the Transfer of Annual and Sick Leave Within Legislative
Department Agencies.
Notwithstanding any other provision of law, any legislative employee who
transfers from one agency of the General Assembly to another shall be
permitted to transfer all accumulated annual and sick leave regardless of the
employment status to which transferred.
The provisions of this section shall be elective commencing January 1, 1980.
SECTION 12
To Provide that the State or Any County, Municipality, Local Zoning
Authority, or Other Political Subdivision Shall Not Remove, or Cause to be
Removed, Any Sign Located in View of an Interstate or Federal-Aid Primary
Highway and Lawfully Erected Under the Laws of the State of South Carolina
Without Paying Just Compensation.
Notwithstanding any other provision of law, in no case shall the State or
any county, municipality, local zoning authority, or other political
subdivision remove or cause to be removed, any sign located in view of an
interstate or federal-aid primary highway and lawfully erected under the laws
of the State of South Carolina without paying just compensation.
SECTION 13
To Amend Section 42-9-300, Code of Laws of South Carolina, 1976, Relating to
Lump Sum Settlements in Workmen's Compensation Claims, so as to Define the
Right of Claimants and Dependents to Such Settlements.
Section 42-9-300 of the 1976 Code is amended to read:
"Section 42-9-300. Whenever any weekly payment has been continued for
not less than six weeks, the liability therefor may, when the employee so
requests and the Commission deems it not to be contrary to the best interest
of the employee or his dependents, or When it will prevent undue hardship on
the employer or his insurance carrier, without prejudicing the interest of the
employee or his dependents, be redeemed, in whole or in part, by the Payment
by the employer of a lump sum which shall be fixed by the Commission, but in
no case to be less than ninety percent of, nor to exceed, the commutable value
of the future installments commuted so as not to exceed six percent nor to be
less than two percent. The Commission. however, in its discretion, may at any
time in the case of a minor who has received permanently disabling injuries,
either partial or total, provide that he be compensated, in whole or in part,
by the payment of a lump sum, the amount of which shall by the Commission but
in no case to be less than ninety percent of, nor to exceed, the Commutable
value of the future installments which may be the under this title. Upon a
finding by the Commission that a lump sum payment should be made, the burden
of proof as to the abuse of discretion in such finding shall be upon the
employer or carrier in any appeal proceedings."
SECTION 14
To Suspend the Requirement of a One-Week Waiting Period Under Item (4) of
Section 41-35-110, Code of Laws of South Carolina, 1976, for Eligibility of
Unemployment Benefits from June 1, 1980 Through September 1, 1980.
(A) Notwithstanding the provisions of Item (4) of Section 41-35-110 of the
1976 Code, there shall be no waiting period to be eligible to receive benefits
under the provisions of Section 41-35-110 as a result of a general layoff as
defined by the employer during the period from June 1, 1980, through September
1, 1980.
(B) All references in Title 41 of the 1976 Code to the "waiting period
of one week" contained in Item (4) of Section 41-35-110 of the 1976 Code,
or words to that effect, are hereby suspended for the period referred to in
subsection (A) above and during such period the references shall be construed
to mean that no waiting period is required.
SECTION 15
To Amend Sections 12-21-1010 and 12-21-1040 of the 1976 Code and to Add
Section 61-9-616 to the 1978 Code, All Relating to Wines, so as to Define
Domestic Wine, Permit the Sale, Delivery or Shipment of Domestic Wine With
Certain Alcoholic Content and Provide for Taste Samples Without Charge.
A. Section 12-21-1010 of the 1976 Code is amended by striking item (5) and
inserting:
"(5) The phrase 'domestic wine' shall mean wine manufactured wholly
within the State primarily from fruits and berries produced within the State;
(6) The word 'producer' shall mean a brewery or winery or a manufacturer or
bottler or an importer into the United States of beer or wine, or both."
B. Section 12-21-1040 of the 1976 Code is amended to read:
"Section 12-21-1040. Notwithstanding any other provision of law, the
tax on domestic wines shall be forty-five cents per gallon if the alcoholic
strength of the vine is more than fourteen percent but not more than
twenty-one percent and five cents per gallon on such wines if the alcoholic
strength is fourteen percent or less. On domestic wine with an alcoholic
strength of more than fourteen percent offered for sale in quantities of less
than one gallon there shall be levied and collected a tax of three and
six-tenths cents for each eight ounces or fractional quantity thereof, and
wine offered for sale in metric sizes a tax at the rate of fifteen and
twenty-one one hundredths cents per liter. On wines offered for sale in
quantities of less than one gallon with an alcoholic strength of fourteen
percent or less the tax shall be four-tenths of a cent for each eight ounces
or fraction in quantity thereof and wine offered for sale in metric sizes a
tax of one and sixty-nine one hundredths cents per liter. The tax provided for
in this section shall be paid in the same manner as tax on beer and wine as
provided in Article 7. Chapter 21 of Title 12."
C. The 1976 Code is amended by adding:
"Section 61-9-615. Notwithstanding any other provision of law, any
licensed winery in this State which produces and sells only domestic wine as
defined in Section 12-21-1010 is authorized to sell such domestic wine with an
alcoholic content of fourteen percent or less on the winery premises and
deliver or ship such wine to consumer homes within or without the State. Such
domestic wineries are further authorized to provide without cost wine taste
samples to prospective customers."
D. This Section shall take effect July 1, 1981.
PART III
SECTION 1
This act shall take effect upon approval by the Governor. | 
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