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H 3557 Session 110 (1993-1994)
H 3557 Joint Resolution, By Sheheen and Wilkins
A Joint Resolution to transfer two hundred thousand dollars from accounts of
the House of Representatives designated by the Speaker to the Judicial
Department to assist in the payment of mileage and subsistence expenses
incurred by judges and justices from April 1, 1993, through June 30, 1993, and
to provide the terms and conditions of the payment of these expenses.
02/24/93 House Introduced and read first time HJ-7
02/24/93 House Referred to Committee on Ways and Means HJ-7
03/04/93 House Recalled from Committee on Ways and Means HJ-33
03/08/93 House Amended HJ-14
03/08/93 House Read second time HJ-14
03/09/93 House Read third time and sent to Senate HJ-7
03/10/93 Senate Introduced and read first time SJ-5
03/10/93 Senate Referred to Committee on Finance SJ-5
03/11/93 Senate Recalled from Committee on Finance SJ-4
03/16/93 Senate Amended SJ-19
03/16/93 Senate Read second time SJ-20
03/16/93 Senate Ordered to third reading with notice of
amendments SJ-20
05/04/93 Senate Special order SJ-31
05/27/93 Senate Debate interrupted SJ-37
06/01/93 Senate Amended SJ-92
06/01/93 Senate Read third time and returned to House with
amendments SJ-92
06/03/93 House Debate adjourned on amendments HJ-23
01/12/94 House Tabled HJ-25
AS PASSED BY THE SENATE
June 1, 1993
H. 3557
Introduced by REPS. Sheheen and Wilkins
S. Printed 6/1/93--S.
Read the first time March 10, 1993.
A JOINT RESOLUTION
TO MAKE APPROPRIATIONS TO MEET THE ORDINARY
EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL
YEAR BEGINNING, JULY 1, 1993 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;
(ABBREVIATED TITLE)
Be it enacted by the General Assembly of the State of South Carolina:
Be it enacted by the General Assembly of the State of South Carolina:
DIVISION I
Appropriations for Fiscal Year 1993-94
SECTION 1. Except as otherwise provided in this act, the provisions
of Part I, Act 501 of 1992, which are incorporated by reference into this
act, constitute the general appropriations act for fiscal year 1993-94,
mutatis mutandis.
DIVISION II
Adjustments to Appropriations and Revenues
SECTION 1. General fund appropriations and the revenue estimate
applicable for fiscal year 1993-94 are adjusted from those provided in
Part I, Act 501 of 1992 as follows:
SECTION AGENCY DIFFERENCE
_________________________________________________
SEC 3A LEG DEPT - SENATE (71,952)
SEC 3B LEG DEPT - HOUSE (126,362)
SEC 3C LEG DEPT - SP SERV BOTH HOUSE (9,167)
SEC 3D LEG DEPT - CODE OF LAWS LEG CSL(91,328)
SEC 3E LEG DEPT - LEG PRINT & ITR (85,212)
SEC 3F LEG DEPT - LEG AUDIT COUNCIL (21,056)
SEC 3G LEG DEPT - LEG INFO SYSTEMS (16,462)
SEC 3H LEG DEPT - REORG COMM (43,320)
SEC 3I ADV. COMM INTERGOV REL (4,602)
SEC 3J JOINT LEGISLATIVE COMMITTEES (25,011)
SEC 4 JUDICIAL DEPARTMENT 239,137
SEC 4A SENTENCING GUIDELINES COMM (1,986)
SEC 5A GOV OFFICE - E C OF S (31,629)
SEC 5B GOV OFFICE - SLED 217,130
SEC 5C GOV OFFICE - OEPP (144,896)
SEC 5D GOV OFFICE - MANSION & GDS (5,024)
SEC 6 LIEUTENANT GOVERNOR (5,877)
SEC 7 SECRETARY OF STATE (15,297)
SEC 8 COMPTROLLER GENERAL (45,059)
SEC 9 STATE TREASURER (51,015)
SEC 10 ATTORNEY GENERAL (249,942)
SEC 10A PROSECUTION COORD COMM 271,127
SEC 11 COMM ON APPELATE DEFENSE (18,720)
SEC COMM ON INDIGENT DEFENSE 2,000,000
SEC 12 ADJUTANT GENERAL 133,290
SEC 13 ELECTION COMMISSION (964,823)
SEC 14A B & C - EXEC DIRECTOR (248,342)
SEC 14B B & C - INTERNAL OPERATIONS 302,539
SEC 14C B & C - FIN DATA SYSTEMS (79,807)
SEC 14D B & C - BUDGET (16,424)
SEC 14B B & C - RESEARCH & STATS 43,203
SEC 14F B & C - IRM (321,468)
SEC 14G B & C - GENERAL SERVICES (897,460)
SEC 14H B & C - STATE FIRE MARSHAL (42,555)
SEC 14K B & C - HUMAN RES MGMT (21,924)
SEC 14L B & C - LOCAL GOVERNMENT (546,025)
SEC 14M B & C - STATE AUDITOR (97,934)
SEC 14N B & C - BD OF ECONOMIC ADV (39,782)
SEC 14Q B & C - EMP BENEFITS (51,836,905)
SEC 14R B & C - CAPITAL EXPEND FUND 723,179
SEC 15 HIGHER EDUCATION COM (14,860)
SEC 16 HIGHER ED TUITION GRANTS (721,247)
SEC 17 CITADEL (1,029,576)
SEC 18 CLEMSON (4,214,594)
SEC 19 COLLEGE OF CHARLESTON (1,102,335)
SEC 20 FRANCIS MARION (878,188)
SEC 21 LANDER (594,423)
SEC 22 S C STATE (1,212,749)
SEC 23A USC - COLUMBIA (7,562,537)
SEC 23B USC - MEDICAL SCHOOL (1,094,826)
SEC 23C USC - AIKEN (376,434)
SEC 23D USC - COASTAL (649,495)
SEC 23E USC - SPARTANBURG (554,072)
SEC 23F USC - BEAUFORT (65,593)
SEC 23G USC - LANCASTER (159,719)
SEC 23H USC - SALKAHATCHEE (69,355)
SEC 23I USC - SUMTER (136,234)
SEC 23J USC - UNION (60,066)
SEC 24 WINTHROP (1,944,386)
SEC 25A MUSC (5,376,992)
SEC 25B MUSC - HOSPITAL 30,820,138
SEC 25C MUSC - EXTENSION (1,307,207)
SEC 26 ADV COUNCIL VOC & TECH ED (78,789)
SEC 27 TECH & COMPREHENSIVE BD (1,440,855)
SEC 28 EDUCATION DEPT 8,414,336
SEC 29 ETV 1,078,798
SEC 30 WIL LOU GRAY OPPORT SCHOOL (49,237)
SEC 31 VOCATIONAL REHABILITATION (142,854)
SEC 32 DEAF AND BLIND SCHOOL (164,373)
SEC 33 ARCHIVES AND HISTORY (36,175)
SEC 34 CONFEDERATE RELIC ROOM (3,517)
SEC 35 STATE LIBRARY 91,773
SEC 36 ARTS COMMISSION (117,749)
SEC 37 MUSEUM COMM (111,537)
SEC 38A HEALTH & HUMAN SVCS FIN. 43,930,595
SEC 38B CONTINUUM OF CARE (83,365)
SEC 39 DHEC 2,974,918
SEC 40 MENTAL HEALTH (5,162,161)
SEC 41 MENTAL RETARDATION 7,365,824
SEC 42 ALCOHOL AND DRUG ABUSE 35,725
SEC 43 DSS 2,994,366
SEC 44 JOHN DE LA HOWE SCHOOL (52,956)
SEC 45 FOSTER CARE REVIEW BD (30,365)
SEC 46 BLIND COMMISSION (88,596)
SEC 47 AGING COMMISSION 56,353
SEC 48 HOUSING AUTHORITY (464,614)
SEC 49 HUMAN AFFAIRS (33,818)
SEC 50 VETERANS AFFAIRS (14,297)
SEC 51 COMM ON WOMEN (587)
SEC COMM MINORITY AFFAIRS 236,000
SEC 52 CORRECTIONS 1,378,360
SEC 53 PAROLE & COMM CORRECTIONS 2,013,287
SEC 54 YOUTH SERVICES (665,093)
SEC 57 WATER RESOURCES COMM (108,298)
SEC 58 LAND RESOURCES (98,359)
SEC 59 FORESTRY COMM 113,832
SEC 60 AGRICULTURE (62,872)
SEC 61 CLEMSON - PSA (752,286)
SEC 62 MIGRATORY WATERFOWL COMM (1,267)
SEC 63 WILDLIFE & MARINE RES (409,755)
SEC 64 COASTAL COUNCIL (38,900)
SEC 65 SEA GRANT CONSORTIUM (11,321)
SEC 66 PRT 10,832,428
SEC 67 DEVELOPMENT BOARD (243,872)
SEC 69 S C JOBS ECON DEV AUTH (10,286)
SEC 71 SAVANNAH VALLEY AUTH (1,125,494)
SEC 72 OLD EXCHANGE BUILDING (5,182)
SEC 73 PUBLIC SERVICE COMM (127,105)
SEC 74 WORKERS' COMP COMM (53,054)
SEC 75 STATE WORKERS COMP FUND (59,503)
SEC 78 INSURANCE DEPT (100,118)
SEC 79A FIN INST BD - ADMIN (24,560)
SEC 79B FIN INST BD - EXAM (1,088,856)
SEC 79C FIN INST BD - CONSUMER FIN (448,758)
SEC 80 CONSUMER AFFAIRS (46,956)
SEC 81 LABOR DEPT 353,098
SEC 82 TAX COMMISSION (493,997)
SEC 83 ABC COMMISSION (59,137)
SEC 84 STATE ETHICS COMMISSION (9,135)
SEC 85 EMPLOYMENT SECURITY COMM (8,283)
SEC 86 ACCOUNTANCY BOARD (367,987)
SEC 87 ARCHITECTURAL EXAM BD (277,664)
SEC 88 AUCTIONEER COMM (161,293)
SEC 89 BARBER EXAM BD (204,178)
SEC 90 STATE BOXING COMMISSION (30,919)
SEC 92 CHIROPRACTIC EXAM BD (76,433)
SEC 93 CONTRACTOR'S LIC. BD (440,328)
SEC 94 COSMETOLOGY BD (491,571)
SEC 95 DENTISTRY BD (310,883)
SEC 96 PROF ENG & LAND SURV (535,584)
SEC 97 ENVIR SYS OPR BD-CERT (225,477)
SEC 98 FORESTER'S REGIS. BD (26,953)
SEC 99 FUNERAL SERVICES BD (111,213)
SEC 100 GEOLOGISTS REGIS. BD (54,141)
SEC 101 MEDICAL EXAM BD (799,787)
SEC 102 NURSING BD (805,807)
SEC 103A NURSING HOME ADM EXAM BD (107,042)
SEC 104 OCCUPATIONAL THERAPY BD (20,767)
SEC 105 OPTICIANRY EXAM BD (45,419)
SEC 106 OPTOMETRY EXAM BD (54,000)
SEC 107 BD OF PHARMACY (296,773)
SEC 108 PHYSICAL THERAPIST EXAM BD (74,844)
SEC 109 PODIATRY EXAM BD (7,084)
SEC 110 PRO CO ASSN & MAR/FAM THER (63,164)
SEC 111 PSYCHOLOGY BD OF EXAM (59,437)
SEC 112 REAL ESTATE COMM (1,767,643)
SEC 113 RESIDENTIAL HOME BLDR COMM (951,392)
SEC 115 SOCIAL WORKER'S REG BD (124,586)
SEC 116 SPEECH PATH & AUDIO EXAM BD (16,865)
SEC 117 VETERINARY MEDICAL EXAM BD (48,503)
SEC 118 PROCUREMENT & REVIEW PANEL (2,516)
SEC 119 DEBT SERVICE (20,959,823)
SEC 122 AID TO SUBDIVISIONS 7,156,809
SEC 123 AERONAUTICS COMMISSION (60,556)
SEC 124 DHPT (27,663)
SEC 128 REVENUE (6,997,575)
GENERAL RESERVE FUND 33,415,867
EDUCATION IMPROVEMENT ACT (602,152)
DIVISION III
Amendments to Numbered Paragraphs
SECTION 1. The following numbered paragraphs governing Part I of
Act 501 of 1992 are deleted:
3.48, 3.49., 3.56., 8.2., 10.4., 10.6., 10.10., 10.11., 11.1., 13.8., 14A.3.,
14C.1., 14D.7., 14F.2., 14G.2., 14G.5., 14G.11., 14G.12., 14J.2., 14J.6.,
14K.2., 14K.4., 14K.5., 14K.6., 14K.7., 14K.9., 14K.10., 14K.11.,
14K.13., 14K.21., 15.12., 16.1., 16.2., 18.1., 18.2., 23.6., 25.7., 25.8.,
27.2., 28.64., 28.68., 28.69., 28.70., 28.71., 28.77., 28A.15., 28A.18.,
28A.30., 28A.34., 28A.40., 28A.63., 29.8., 31.6., 37.7., 38A.5., 38A.12.,
38A.14., 39.3., 39.25., 39.26., 39.31., 39.38., 40.4., 40.5., 40.7., 40.11.,
40.15., 40.18., 40.19., 41.8., 42.6., 43.1., 43.11., 43.19., 53.2., 54.4.,
54.5., 54.7., 63.5., 63.6., 63.13., 119.8., 122.2., 122.4., 122.5., 122.6.,
122.10., 122.11., 124.7., 124.10, 124.12., 124.13., 124.15., 124.23.,
124.27., 129.7., 129.17., 129.50., 129.54., and 129.65.
SECTION 2. The following numbered paragraphs governing Part I of
Act 501 of 1992 are amended to read:
1.1. (Revenues, Deposits Credited to General Fund) For the current
fiscal year, except as hereinafter specifically provided, all general state
revenues derived from taxation, licenses, fees, or from any other source
whatsoever, and all institutional and departmental revenues or
collections, including income from taxes, licenses, fees, the sale of
commodities and services, and income derived from any other
departmental or institutional source of activity, shall
must be remitted to the State Treasurer as collected, when
practicable, but at least once each week, when practical,
and shall must be credited, unless otherwise directed by
law, to the general fund of the State. Each institution, department or
agency, in remitting such income to the State Treasurer, shall attach with
each such remittance a report or statement, showing in detail the sources
itemized according to standard budget classification from which such
income was derived, and shall, at the same time, forward a copy of such
report or statement to the Comptroller General and the State Budget and
Control Board. In order to facilitate the immediate deposit of collections
refunds of such collections by the State institutions where properly
approved by the authorities of same, may be made in accordance with
directions from the State Comptroller General and State Treasurer.
Revenues derived from the general retail sales tax, the soft drinks tax,
and the state's portion of revenue derived from the alcoholic liquors tax
and cable television fees, shall must be expended to
cover appropriations herein made for the support of the public school
system of the State only, and any amount of such appropriation in excess
of these revenues must be paid from other general fund revenues.
Appropriations in this act for the support of the public school system
shall include the following agencies: Department of
Education;
State Board for Technical and Comprehensive Education;
Educational Television Commission;
Wil Lou Gray Opportunity School;
School for the Deaf and the Blind;
John de la Howe School;
Debt service on capital improvement bonds applicable to above
agencies;
Debt service on school bonds.
1A.1. (Use of Funds) It is the intent of the General
Assembly to appropriate all State funds and to authorize and/or
appropriate the use of all Federal and other funds for the operations of
State agencies and institutions for the current fiscal year. To this
end, all agencies and institutions are directed to expend State
appropriated funds in strict accordance with the line item appropriations
as authorized in this Act, except for such transfers
Transfers of funds as may be approved by the Budget
and Control Board under its authority or by the agency as set
forth herein in Section 129.15. Any agency which requests
the Budget and Control Board to transfer or transfers
personal service funds must indicate on the transfer document whether
or not a reduction in force is involved. To the extent practicable, all
agencies and institutions having Federal or other funds available for the
financing of their operation shall expend such funds in accordance with
the line item appropriations in intent of this Act. The
authorization to spend Federal and other funds shall be decreased to the
extent that receipts from these sources do not meet the estimates as
reflected in each Section of this Act; and any increase shall be
authorized through the review process as set forth in Act 651 of 1978 as
amended.
2.1. (Appropriations From Funds) Subject to the terms and
conditions of this act, the sums of money set forth in this Part, if so
much is necessary, are appropriated from the general fund of the state,
the education improvement act fund, the highways and public
transportation fund, and other applicable funds, to meet the ordinary
expenses of the state government for Fiscal Year 1992-93,
1993-94, and for other purposes specifically designated.
2A.1. (Fiscal Year Definitions) For purposes of the
appropriations made by this Part, "current fiscal year" means
the fiscal year beginning July 1, 1992, 1993, and ending
June 30, 1993, 1994, and "prior fiscal year"
means the fiscal year beginning July 1, 1991, 1992, and
ending June 30, 1992. 1993.
3.52. (Sales Tax on Copies of Legislation) No sales tax is
required to be charged or paid on copies of legislation or
access to legislation or other information documents provided to the
general public or any other person by a legislative agency when a charge
for these copies is made reflecting the agency's cost thereof. Funds
received as revenue from the sale of materials or as reimbursements for
the cost of providing certain supplies or services or refunds must be
remitted to the State Treasurer as collected, but in no event later than
twelve (12) working days from the date of the receipt of any such funds.
3.57. (General Assembly Compensation Increases) The provisions
of Section 2-1-185 of the 1976 Code are suspended for Fiscal Year
1992-93 1993-94.
5.5. (OEPP - Nursing Home Ombudsman Program) The Nursing
Home Ombudsman Program shall be administered by the Office the
Governor, Office of Executive Policy and Programs, and all federal
funds for this purpose shall be designated to the program in the Office
of the Governor transferred to the Commission on Aging.
Federal funds of $129,942 and 2.00 FTEs shall be transferred from
the Governor's Office, Office of Executive Policy and Programs to the
Commission on Aging for the administration of the program.
5.7. (OEPP - CCRS Evaluations & Placements) The
amount appropriated in this section under Special Items - Children's
Case Resolution System for Private Placement of Handicapped School-Age Children must be used for expenses incurred in the evaluation of
children referred to the CCRS to facilitate appropriate placement and to
pay up to forty percent when placement is made in-state and up to thirty
percent when placement must be made out-of-state of the excess cost of
private placement over and above one per pupil share of state and local
funds generated by the Education Finance Act, and the one per pupil
share of applicable federal funds; provided it has been established that
all other possible public placements are exhausted or inappropriate. The
balance of funding responsibility necessary to provide the child with
services must be determined by the Children's Case Resolution System
(CCRS) and apportioned among the appropriate public agencies on the
basis of the reasons for the private placement. Any funds
appropriated to the CCRS for evaluations or placements which are not
expended at the end of the prior fiscal year may be carried forward into
the current fiscal year to be spent for the same purpose as originally
appropriated. When the amount appropriated in this section is
exhausted, the funding responsibility must be apportioned according to
the procedures of the CCRS.
5.10. The State Law Enforcement Division is hereby authorized to
charge and collect a fee, not to exceed $10 $15 each, for
criminal record searches conducted pursuant to Regulations contained
in Chapter 73, Article 3. Subarticle 1 of the Code of State Regulations.
Any such fees shall be remitted to the General Fund.
10A.3. (Judicial Circuits State Support) The amount
appropriated and authorized in this section for Judicial Circuits
(16) State Support shall be apportioned among the circuits on a per
capita basis at the rate of $1.25 per person and based upon the
official census of 1990. Payment shall be made as soon after the
beginning of the first and third quarter as practical.
13.1. (County Board of Registration Compensation) The
amount appropriated in this section for "County Board of
Registration members," shall be disbursed annually at the rate of
$5,100 $4,860 to each County Treasurer. These funds
shall be disbursed equally to the members of the County Boards of
Registration only. Any funds not used for this purpose shall be returned
to the State Treasurer. These funds are subject to mandated budget
reductions. If any County Board of Registration membership is
increased from three to four or four to five members, then the new board
member or members may be compensated at the same rate as the then
present Board Members. Any increased funding, if any, for each County
Board of Registration caused by this requirement shall be funded by
funds provided for in this section if available. If no funds are available
under this section, then the additional funds may be provided for by the
county of that particular County Board of Registration.
13.2. (County Election Commissioners Compensation)
The amounts appropriated in this section for "County Election
Commissioners" shall be disbursed annually to the County
Treasurer at the rate of $464.00 $442.50 for each
member of the County Election Commission, not to exceed
$2,320 $2,212.50 per County. The County Treasurer
shall use these funds only for compensation of Commissioners for state
and county general elections. Any funds not used shall be returned to
the State Treasurer. Such payments shall not be construed as salary
compensation. These funds are subject to mandated budget reductions.
13.6. (Budget Reduction Exemption) Funds appropriated
for non-recurring general and primary election expenses are
exempted from mandated across the board reductions. In addition, in the
calculation of any across the board agency base reductions mandated by
the Budget and Control Board or the General Assembly, the amount of
funds appropriated for non-recurring primary and general
election expenses shall be excluded from the agency's base budget.
14D.2. (Revenue Certification Requirement) The Budget
and Control Board shall have written certification from the collecting
agency verifying all revenue enhancements in the budget
recommendation by the Budget and Control Board. The Comptroller
General shall attach written certification stating that the total
appropriations therein is not in excess of the estimated total revenue
projected. The following requirement applies to the annual
appropriation recommendation of the Governor and to the report of the
Conference Committee on the annual appropriation bill. Any provision
offered for inclusion in the annual general appropriation bill by
amendment or otherwise, by the Governor or which increases or
decreases the most recent official projection of general fund revenues of
the Board of Economic Advisors may not be included in the bill or
recommendation unless the revenue impact is certified by the Board of
Economic Advisors. Changes to the official general fund revenue
estimate as a result of such provisions may not exceed amounts certified
by the Board of Economic Advisors. This requirement is in addition to
other provisions of law regarding fiscal impact statements.
14D.3. (Summary Budget Format) The Budget and Control Board is
hereby directed to print only a summary budget format for the next fiscal
year recommended budget, to be submitted in January of the current
fiscal year. State agencies must submit their budget request and
submissions to the Board in such detail as the Board may require.
The Board shall furnish the necessary computer produced documents to
facilitate and expedite budget debate during the current session of the
General Assembly.
14G.8. (Permanent Improvements & Building Codes)
(Moved From 129.18.) The expenditure of funds, heretofore or
hereafter provided, by any State Agency, except the Department of
Highways and Public Transportation for permanent improvements as
defined in the State Budget, shall be subject to approval and regulations
of the State Budget and Control Board. The Board shall have authority
to allot to specific projects from funds made available for such purposes,
such amounts as are estimated to cover the respective costs of such
projects, to declare the completion of any such projects, and to dispose,
according to law, of any unexpended balances of allotments, or
appropriations, or funds otherwise provided for such projects, upon the
completion thereof. The approval of the Budget and Control Board shall
not be required for minor construction projects (including renovations
and alterations) where the cost does not exceed an amount determined
by the Joint Bond Review Committee and the Budget and Control
Board.
In all construction, improvement and renovation of State buildings,
the applicable standards and specifications set forth in each of the
following codes shall be followed: The Standard Building Code -
1988 1991 Edition with 1989/1990 Revisions,
excluding paragraphs 101.4, 103, 105 and 107
(Appendices A,G,K, B, F, and M, I
shall be omitted); The Standard Existing Buildings Code - 1988 Edition
with 1991 Revisions (Chapters 1,2,4,5,6,7,8 and Appendices
A.1, A.2, and A.3 shall be omitted); The Standard Gas Code -
1988 1991 Edition with 1989/1990 Revisions
(Chapter 1 and Appendices A, B and C, and D
shall be omitted); The Standard Mechanical Code - 1988
1991 Edition with 1989/1990 Revisions (Chapter 1 and
Appendices Appendix A and C B shall
be omitted); The Standard Plumbing Code - 1988 1991
Edition with 1989/1990 Revisions (Chapter 1 and Appendices
A, D, E, and H shall be omitted); The Standard Fire Prevention
Code - 1988 1991 Edition with 1989/1990
Revisions (Chapter 1 and Appendix A shall be omitted), all as
adopted by the Southern Building Code Congress International, Inc.;
also the National Electrical Code - NFPA 70-1990
1993; The National Electrical Safety Code ANSI-C2-1990; The
National Fire Protection Association Standard - NFPA 58-1990
1989. Enforcement and interpretation of all the
aforementioned codes on State buildings shall be as determined by the
State Engineer. Water, sewer, power and other utilities shall not be
delayed or denied to any State buildings.
14J.1. (Insurance Benefits - Plan) The State Budget and Control
Board shall make available to active and retired employees of the State
and the public school districts of South Carolina and their eligible
dependents group, health, dental, life, accidental death and
dismemberment, and disability insurance plans and benefits as may be
equitable and of maximum benefit to those covered within the resources
provided. The Budget and Control Board shall approve by October 1,
of the current fiscal year, a plan of benefits, eligibility, and employer,
employees and dependent contributions for the next calendar year. The
Budget and Control Board is directed to devise a plan for the method
and schedule of payment for the employer and employee share.
The Budget and Control Board, by July 1, of the current fiscal year,
shall develop and implement a plan increasing the employer contribution
rates of the State Retirement Systems to a level adequate to cover the
employer's share for the current fiscal year's cost of providing health and
dental insurance to retired state and school district employees. The plan
must include a method for the distribution of the funds appropriated in
Section 14Q designated for retiree insurance and must also include a
method for allocating to school districts, excluding EIA funding,
sufficient general fund monies to offset the additional cost incurred by
these entities in their federal and other fund activities as a result of this
employer contribution charge.
It is the intent of the General Assembly that the amounts appropriated
in this act shall constitute the State's pro rata contributions to these
programs except the state shall pay its pro rata share of Health and
Dental insurance premiums for retired State and Public School
employees for the current fiscal year.
The Budget and Control Board shall adjust the plan, benefits or
contributions at any time to insure the fiscal stability of the program.
14J.9. (IRF - Forestry Commission Loan) The Insurance Reserve
Fund is authorized to loan the Forestry Commission an amount equal
to the negotiated the amount needed to satisfy the
settlement of the overtime compensation claim brought against the
Commission by the United States Department of Labor,
currently pending, including the related Employer
Contributions costs; provided the agency first dedicates all its
available financial resources (at the time of settlement) to payment of the
settlement. The loan repayment schedule is to be negotiated
between the Forestry Commission and the State Budget and Control
Board, and the interest rate must be the same rate established by the
State Treasurer. The funds for repayment are authorized to come from
any existing agency resources, and must not require any additional State
appropriation.
14K.8. (Compensation - Agency Head Salary) Notwithstanding any
other provision of law that, in the event of an agency head
vacancy, the governing board of the agency or the Governor,
upon approval of the Budget and Control Board, may set the salary
for the agency head at a rate not to exceed the mid-point must
have the prior favorable recommendation of the Agency Head Salary
Commission to set, discuss or offer a salary for the agency head at a rate
that exceeds the minimum of the range established by the Agency
Head Salary Commission. The Budget and Control board shall have
final approval authority for agency head salaries. Boards and
Commissions of newly created agencies shall not offer a salary to a
prospective agency head until a salary range has been established and
the salary approved by the Agency Head Salary Commission. The
funding for such purpose should come from resources within the agency.
15.1. (Contract for Services Program Fees) The
amounts appropriated in this Section for "Southern
Regional Education Board Contract Programs," and
"Southern Regional Education Board Dues"
whatever amount may be necessary and appropriated is
are to be used by the Commission to pay to the Southern
Regional Education Board the required contract fees for South Carolina
students enrolled under the Contract for Services program of the
Southern Regional Education Board, in specific degree programs in
specified institutions and the Southern Regional Education Board
membership dues. The funds appropriated may not be reduced to cover
any budget reductions or be transferred for other purposes.
15.9. (Access & Equity Programs) Of the funds
appropriated herein for Desegregation Programs, the Commission on
Higher Education shall distribute $132,000 $116,233 to
South Carolina State College, $33,000 $29,036 to
Denmark Technical College, and $330,181 $290,714 to
the Access and Equity Program. With the funds appropriated herein for
formula funding increases, the colleges and universities shall supplement
their access and equity programs so as to provide, at a minimum, the
same level of minority recruitment activities as provided during the prior
fiscal year.
15.14. (Penn Center) Of the funds appropriated to Higher
Education formula, $99,000 shall be provided
allocated to the University of South Carolina - Beaufort for the
Penn Center Project. The funds allocated shall not be used for any
other purposes and shall not be reduced due to budget reductions.
15.17. (Southeastern Manufacturing Technology Center) The South
Carolina Commission on Higher Education shall review annually the
activities of the Southeastern Manufacturing Technology Center and
make a budget recommendation to the General Assembly. The
funds appropriated to the University of South Carolina - Columbia for
the Southeastern Manufacturing Technology Center may not be used for
any other purpose.
27.4. (Training of New & Expanded Industry Carry Forward)
In addition to the funds appropriated in this section, up to
$500,000 any of the funds appropriated under this section
for the prior fiscal year which is are not expended
during that fiscal year may be carried forward and expended for direct
training of new and expanding industry in the current fiscal year.
28.3. (Archibald Rutledge Scholarships) $19,240
$19,147 of the General Funds provided for in VI. Division of
Curriculum must be used for Archibald Rutledge Scholarships.
28.16. (DHEC - Comprehensive Health Assessment Pilot) Of the
appropriation for Instructional Support, Other Operating Expenses:
Contractual Services, $100,000 $95,637 must be
transferred to the Department of Health and Environmental Control to
pilot a comprehensive health assessment program in a group of school
districts with more than fifty percent of the students eligible for free or
reduced price lunches. The pilot project shall provide comprehensive
health assessments before the children enter the first grade. The
Department of Health and Environmental Control will report to the
Senate and House Education Committees on the effectiveness of the
program in identifying and improving children's health status and the
need for follow-up services. The State Department of Education and
designated school districts are required to provide whatever assistance
is necessary to implement the pilot project.
28.22. (EFA - Formula Funding) To the extent possible within
available funds, it is the intent of the General Assembly to provide for
100 percent of full implementation of the Education Finance Act to
include an inflation factor. The base student cost at full
implementation is determined to be $1,585, which includes an inflation
rate of 3.1% for the current fiscal year. The projected inflation factor for
determining the level of the salary portion of the base student cost shall
be that amount projected by the Division of Research and Statistical
Services to match inflation wages of public school employees in the
Southeast. There shall be no inflationary increase required for local
financial effort as defined in Section 59-21-1030 for FY 93-94.
The base student cost for FY 93-94 has been determined to be
$1,580. In the event that the formulas as devised by the Department
of Education and approved by the State Board of Education and the
Budget and Control Board should provide for distribution to the various
school districts totaling more than the amount appropriated for such
purposes, subject to the provisions of this proviso, the Department of
Education shall reduce each school district entitlement by an equal
amount per weighted pupil so as to bring the total disbursements into
conformity with the total funds appropriated for this purpose. If a
reduction is required in the State's contribution, the required local
funding shall be reduced by the proportionate share of local funds per
weighted pupil unit. The Department of Education shall continually
monitor the distribution of funds under the provisions of the Education
Finance Act and shall make periodic adjustments to disbursements to
insure that the aggregate of such disbursements do not exceed the
appropriated funds. Any unallocated Education Finance Act funds at the
end of the current fiscal year must be allocated to the school districts for
school building aid on a non-matching basis on the same basis that
districts receive Education Finance Act allocations. The Department of
Education may not transfer EFA funds for any purpose other than for
EFA allocations and as authorized herein.
28.24. (EFA - Base Student Cost Study Implementation) The Joint
Legislative Committee to Study Formula Funding in Education
Programs shall develop plans based on the recommendations of the Base
Student Cost Study and the Adult Education Study Committee to be
reported to the General Assembly. by October 1 of the current
year. The State Department of Education is directed to assist the
committee by consulting with the local school superintendents, school
boards, teachers, and the Business-Education Subcommittee, Business-Education Partnership for Excellence in Education and providing
technical assistance as required.
28.28. (Employer Contributions - Distribution of Funds) In
determining school district allocations of state funds appropriated for
school district employer contributions for the 1992-93
current school year, the Department of Education shall allocate
the available funds by taking the average of the amount the district
would receive if the funds were distributed under the EFA formula and
the amount the districts would receive if the funds were allocated on the
weighted pupil method.
28.42. (Handicapped Preschool Children/PL 99-457) The Early
Intervention Programs for Preschool-Age Handicapped Children Act,
Act 322 of 1990 is authorized shall be reauthorized
through the current Fiscal Year 1992-93 to meet the
provisions of Public Law 99-457 and to that end, the Boards of
Trustees in each school district shall make available special education
and related services to pre-school age handicapped children.
Funding State funding for the programs free
appropriate public education provided for the three- and four-year-old handicapped children served under this act must
shall be distributed based on the district's index of taxpaying
ability as defined in Section 59-20-20(3) and the service model chosen
for each child. The average amount for per child served in the
speech model must shall be $125 and an
the average amount per child served under in
the three other service models must be $900 to the extent possible
within with the funds appropriated under X. Direct Aid
to School Districts, P.L. 99-457. For the purposes of
this paragraph, the four models of service are those proposed by the
Office of Programs for Handicapped Exceptional
Children for the implementation of P.L. 99-457, speech,
self-contained, itinerant, and homebased instruction. Five-year-old
handicapped children must shall continue to be funded
under the Education Finance Act of 1977. For the purposes of
ascertaining costs, service to all five-year-olds with handicapping
conditions funded under the Education Finance Act must
shall be classified according to the four service models.
28.46. (Index of Taxpaying Ability) The index of taxpaying ability
for the current school year 1992-93 shall not include the
assessed value of property in a school district which is classified under
Section 12-43-220(a) and Section 12-43-220(e), which is at least fifteen
percent of the total assessed value of real property in the school district,
which on February first of each year has been in bankruptcy status for
a minimum of thirty consecutive months, and on which no local school
property taxes have been collected for at least two consecutive fiscal
years. It is the responsibility of the county auditor to report such
exclusions from the index to the Tax Commission and to immediately
notify the Tax Commission of any change in the bankruptcy status of
such real property or any collection of school property taxes from such
real property.
28.52. (PBS Video Library Revenue) Any revenue generated
from school districts participating in the PBS Video Library
joint broadcast service offered by the South Carolina
Department of Education may be retained by the Department and
expended for the operation of the service. Any balance on June 30, of
the prior fiscal year, may be carried forward and expended for the same
purpose during the current fiscal year.
28.55. (SC Council on Holocaust) $20,000 $19,128
of the General Funds provided for in VI. Division of Curriculum must
be transferred to the South Carolina Council on the Holocaust for the
development and distribution of teaching resource guides for middle
school teachers.
28.58. (Student Performance System) Notwithstanding any other
provision of law, the schools participating in the twelve schools project
during the 1991-92 school year will continue to work with the State
Department of Education and the South Carolina Curriculum Congress
to develop multitiered assessments as the basis for a revised student
performance system aligned with the curriculum frameworks.
The project schools will continue to be excused from participation in
all state mandated testing programs, with the exception of the Exit
Examination, for the 1992-93 current school year.
Schools participating in the project shall be considered to have met all
criteria related to programs provided for under Sections 59-5-65, 59-18-10, 59-18-11, 59-18-15, 59-18-30, and 59-21-800 (campus model). The
State Board of Education, in conjunction with the Department and the
selected schools, will continue to develop use alternate
criteria for the placement of students in state funded remedial and
compensatory education programs and in the gifted and talented
program and for the promotion of students to the next higher grade.
Deregulated schools participating in this project shall not be removed
from deregulated status as a result of non-participation in the state
testing program.
The Department of Education is authorized to expend not more than
$250,000 of the funds appropriated for the Basic Skills Assessment
Program for carrying out the purposes of this proviso. The funds
must be used only to aid participating schools. Funds may be
used to add no more than 24 schools to the project, each of which shall
be partnered with one of the original 12 schools, allowing the models
developed in 12 schools to be shared throughout the state. Funds may
also be used to provide regional training sessions to provide professional
development.
28.62. (Temporary/Emergency Certificates) Of the funds provided
for teacher salaries funds may be used to pay salaries for those teachers
holding temporary or emergency certificates which shall remain valid for
the current school year if the local board of education so requests. The
State Department of Education shall submit to the General Assembly by
March 1, of the current fiscal year, a report showing by district the
number of emergency certificates by category; including an enumeration
of the certificates carried forward from the previous year. After July 1,
1992, 1993, no temporary or emergency certificate shall
be continued for more than two years; provided, however,
that for Fiscal Year 1992-93 only, any emergency or temporary
certificate which would have otherwise been discontinued may remain
valid for one additional year twice.
28.65. (Textbooks Instructional Materials - Used)
There may be expended from funds appropriated for textbooks
instructional materials furnished by the State whatever amount
is necessary for the repair, testing, redistribution and preservation of
used textbooks instructional materials. The State
Department of Education is authorized to utilize appropriated funds to
pay for textbooks shipped in the fourth quarter of the prior fiscal
year.
28.66. (Textbooks Instructional Materials -
Damaged/Sale of - Revenue Carry Forward) The State Department of
Education is hereby authorized to collect fees for damages to
textbooks instructional materials and sell
textbooks instructional materials that may be
determined no longer usable either through wear on the textbook
instructional materials or expiration of the contract on the
textbook instructional materials. The proceeds of the
revenue generated from the sale of textbooks instructional
materials or collection for damaged textbooks
instructional materials shall be retained by the Department of
Education to be used in the state free textbook program. Any balance
on June 30, of the prior fiscal year, will be carried forward and expended
for the same purpose during the current fiscal year.
28.73. (Transportation - Used Bus Revenue) The State Department
of Education is hereby authorized to sell used school buses and
support equipment that may be determined to be no longer safe or
economical in servicing school buses or transporting school
children, and the proceeds of such sales shall be deposited to the
Department of Education School Bus fund. Any balance on June 30, of
the prior fiscal year, may be carried forward and expended for the
purchase of school buses and support vehicles during the
current fiscal year.
28.75. (YMCA - Youth in Government) Of the funds appropriated
herein, the Department of Education must transfer $25,000
$23,910 to the Young Men's Christian Association (YMCA) for
the Youth in Government Program.
28.76. (School Nurse Funding Plan) A. The General Assembly finds
that registered school nurses are integral professionals in the school
system contributing to the process of education by identifying and
referring to appropriate health providers students whose health statuses
have a direct influence upon their educational achievements. For many
children in this State, school nurses are the only contact they have with
the health care system. The General Assembly further finds that
currently in South Carolina the nurse-student ratio is 1 to 2184, the
national average for this ratio is 1 to 1500, and the nationally recognized
recommended ratio is 1 to 750. School nurses with their experience and
knowledge of growth and behavioral patterns of children are in a unique
position in the school setting to assist children in acquiring knowledge
in developing attitudes and values conducive to healthful living, and in
meeting the children's needs resulting from disease, accidents,
congenital defects, or psychological or social maladjustments. Health
services provided as part of school programs for children are direct,
constructive, and effective contributions to building a healthful and
dynamic society.
B. The State Board and State Superintendent of Education shall
develop a Supplemental School Nurse Funding Plan to fund reduced
school nurse-student ratios in the school districts. In addition to the
funding a district receives from state sources, the plan must identify and
maximize other funding sources including, but not limited to Medicaid,
Chapter One, Public Law 94-142, Public Law 99-457, and the Drug-Free
School and Committee Act of 1986. The plan must apportion the
supplemental funding to those school districts which would require
additional funding in order to achieve the reduced nurse-student ratios.
The number of students in each district in a particular school year for
purposes of this section would be based on the one hundred thirty-five
day count of the average daily membership during the previous school
year. The State Board and State Superintendent shall work in
conjunction with local school districts, the State Health and Human
Services Finance Commission, the South Carolina Department of Health
and Environmental Control, the School Nurse Council of the South
Carolina Nurses Association, the Joint Legislative Committee on Health
Care Planning and Oversight, the Joint Legislative Committee on
Children, and any other interested group or agency to develop this
supplemental funding plan.
C. By January 1, 1993 1994, the State Board and
State Superintendent of Education shall submit the Supplemental School
Nurse Funding Plan to the Senate Education Committee, the House
Education and Public Works Committee, and the Joint Legislative
Committee on Children. The plan shall not take effect until it is
submitted to the General Assembly and approved by a concurrent
resolution.
28A.7. (EIA - Basic Skills - Remedial) Any unexpended balance on
June 30, of the prior fiscal year, in the EIA
appropriations for Basic Skills Remedial Instruction as
contained in item B of Subsection XI hereof may be carried forward
to the current fiscal year to be expended for the same purpose in the
current fiscal year. Funds carried forward may only be used
for basic skills programs operated during the normal school year and
shall not be used to operate summer school programs provided that
the State Board of Education concurs the programs meet the intent of
Section 31 in Division IV of this act.
28A.8. (EIA - Basic Skills) Funds appropriated for Basic Skills
Monitoring under Section 28, XI. XVII B.
Improving Basic Skills must be used only for providing staff
to the Division of Curriculum and Instruction of the State by
the Department of Education to assist schools and school districts
with improving the quality of instruction and providing technical
assistance on programs of the Basic Skills Assessment Act of 1978
and the Education Improvement Act of 1984, as required by Act 631 of
1978 curriculum development and instructional improvement in
keeping with the intent of Section 31 of Division IV of this Act and in
implementing the Curriculum Frameworks as provided in regulations
promulgated by State Board of Education.
28A.10. (EIA - Building Aid) Of the amount appropriated under
Item XI. F. Alloc EIA-Construction and Renovation,
$17,933,310, $17,935,566 after being appropriately
adjusted, shall be transferred to a special trust fund established by the
Comptroller General. Such funds shall remain available to the school
districts of the State until approved for use in accordance with Section
59-21-350 of the Code of Laws of 1976.
28A.11. (EIA - Building Aid) Of the amount appropriated under
Section XI for School Building Aid, $17,933,310
$17,935,566 must be allocated to eligible school districts at $30
per pupil for grades 1 through 12 and $15 per pupil for the state-financed kindergarten program. The allocation must be based on the
135 day count of average daily membership for the second preceding
fiscal year.
28A.13. (EIA - Campus Incentive Program) Of the EIA
funds allocated to the Campus Incentive Program, $10,500,000
$11,911,882 must be used to reward for
classroom teachers salaries, with $10,500,000 to be used in
the calculation of the average teacher salary. In addition, $8,338,317 of
this amount is to be used in the calculation of the base student cost, with
no match required. These funds must be used for classroom
teachers as defined by Department of Education position codes 03
through 11, 85, 18, 36 through 40 and this amount must be
included in the calculation of the South Carolina average teacher salary.
Of the remaining funds, $3,462,250 shall be used to reward other faculty
members, such as principals, assistant principals, vocational education
directors, and aides and $3,138,211 may be used by school districts and
any school to compensate faculty for their time and effort in the area of
school improvement and planning, and such activities as research,
curriculum development, coordination of courses, and special projects,
or other activities the faculty may wish to undertake for improving
student performance, development, and learning and coordination of
services with other social and health agencies. and shall be
allocated to the districts in the same proportion as they receive funds
under the Education Finance Act.
28A.19. (EIA - DARE) Of the Education Improvement Act funds
appropriated herein under Subsection XI.K. Other State Agencies and
Entities for the Alcohol and Drug Abuse Commission, $150,000 must
be transferred to the State Law Enforcement Division for the operation
of Drug Abuse Resistance Education (DARE) program and for the
training of DARE officers in the fifth grade classes of public schools in
the state, and $25,000 shall be used by the South Carolina Alcohol and
Drug Abuse Commission to provide matching funds for local
governments and school districts for the DARE program. A report
on the effectiveness of the DARE program must be provided by the
Commission to the Select Committee by October 1.
28A.21. (EIA - Dropout Prevention/Parenting Technical
Assistance) Of the funds appropriated for Dropout Prevention
and Retrieval and for Parenting Programs, the Department of Education
shall use up to EIA Professional Development, $75,000
of the Dropout Prevention funds and $50,000 of the Parenting
funds may be used for technical assistance to the
participating districts implementing parenting programs as
directed in Section 31 of Division IV of this Act with first priority of
funding for visits to the Target 2000 Parenting Program and Dropout
Prevention Program sites.
28A.25. (EIA - Gifted & Talented - Artistically)
Notwithstanding the provisions for Section 59-29-170, ten percent
(10%) of the total state dollars appropriated annually for gifted and
talented programs shall be set aside for serving artistically gifted and
talented students in grades 3-12. The State Department of Education
shall allocate to districts a proportionate share of the ten percent (10%)
based on the preceding year's total average daily membership in grades
3-12. School districts shall service students identified as artistically
gifted and talented in one or more of the following visual and
performing arts areas: dance, drama, music and visual arts areas.
Districts may utilize their proportionate share of the ten percent (10%)
for the purpose of contracting with other entities to provide services to
students identified as artistically gifted and talented if personnel or
facilities are not available in the school district for that service. The
remaining ninety percent (90%) of the state dollars appropriated for
gifted and talented programs shall be expended in accordance with
Section 59-29-170. Up to $150,000 of the EIA- Gifted and Talented
funds may be carried forward and expended for the same purpose in
summer programs.
28A.26. (EIA - Gifted & Talented - 8th Grade Advisement) Of
the funds appropriated under Section XI. A. Alloc EIA Gifted and
Talented Program, $252,250 $402,250 shall be
transferred to the Commission on Higher Education to be expended on
the eighth grade advisement program. The Commission on Higher
Education must provide a report on the effectiveness of the advisement
program to the Select Committee by October 1.
28A.27. (EIA - Gifted & Talented - Jr. Academy of Science)
$5,000 of the appropriated EIA funds for the Gifted and Talented
Program must be provided to the Junior Academy of Science. The
Department of Education must provide a report on the effectiveness of
the Academy to the Select Committee by October 1.
28A.28. (EIA - Junior Scholars) Of funds appropriated for
Education Improvement Act Gifted and Talented Programs, $250,000
must be used to support and coordinate the Junior Scholars Program as
directed by the State Board of Education. The State Board of Education
shall report to the Education Improvement Act Select Committee not
later than March 15, of the current fiscal year on the activities and
effectiveness of the program. The State Board of Education,
through the Department of Education, must provide a report on the
effectiveness of the program to the Select Committee by October 1.
28A.29. (EIA - Governor's School for Arts -
Training) Of the funds appropriated under the Education
Improvement Act, Gifted and Talented Program, $75,000
$135,000 must be provided to the Governor's School for the
Arts for training teachers, administrators and supervisory personnel to
work effectively in the identification, program development and
evaluation of artistically talented students and for the Outreach
Program. The Governor's School for the Arts shall report to the
Education Improvement Act Select Committee on the
effectiveness of the program training and Outreach
programs annually by September 15 October 1.
28A.33. (EIA - Higher Order Thinking Skills) Provided,
however, that the funds appropriated for the higher order thinking and
problem solving skills program shall be used solely to train teachers and
to acquire teacher training and instructional materials, which are
consistent with the definition of higher order thinking and problem
solving skills which is defined as the attaining of higher levels of
learning and problem solving including knowledge, comprehension,
application, analysis, synthesis, evaluation, and the use of these skills by
the utilization of instructional techniques not reasonably construed to
employ altered states of consciousness by means of spiritually guided
imagery or transcendental meditation. It is not the intent of the
General Assembly that the instruction in higher order thinking skills
promote New Age religion or any other religion, faith, or belief.
28A.35. (EIA - Target 2000 Grants) Notwithstanding any other
provision of law, those projects funded and operating in Fiscal Year
1991-92 the prior fiscal year under Target 2000 Parent
Education and Dropout Prevention and Retrieval Programs whose
evaluations show them to be the more effective, who agree to serve as
technical assistance sites, and meet the criteria developed by the
Department of Education in consultation with the Select Committee
shall be funded at the same level in Fiscal Year 1992-93;
1993-94, however, it is the intent of the General Assembly
that Fiscal year 1992-93 shall constitute the final year in which these
projects are to be piloted no more than $2,231,000 of the Parent
Education funds and $4,000,000 of the Dropout Prevention funds may
be used for continuing the selected pilots; the remaining funds in these
two line items shall be used to initiate parent education/family literacy
programs in the districts which meet the requirements of Section 31 of
Division IV of this act.
Projects which were funded and operating in Fiscal Year 1991-92
under the Schoolwide Innovation Program and for which Fiscal Year
1991-92 was the final year of funding shall not have funding extended
in the current year. Any new grants awarded under the Schoolwide
Innovation Program shall be decided through a competitive bids process
and shall be for one year in duration with Fiscal Year 1992-93 to
constitute the final year in which new projects are funded in
which the peer review committees approve, provisionally approve upon
revisions, or disapprove in order to assist districts which have not
received innovation grants during the prior four fiscal years; however,
of the funds appropriated for Schoolwide Innovation, up to $527,456
shall be used to fund the third year of grants initially approved and
funded in July, 1991.
During Fiscal Year 1992-93 1993-94 the State
Department of Education is directed to initiate and finalize
evaluations of the Dropout Prevention and Retrieval Projects and
Schoolwide Innovation Projects and provide a report of the findings to
the EIA Select Committee by December January 1 of
the current year. The Education Improvement Act Implementation,
Administration, Contractual Services appropriation is provided to
support independent contracted evaluations of EIA and Target 2000 Act
programs and independent contracts related to the production of the
State Board of Education's annual assessment report on EIA and Target
2000, pursuant to Section 59-6-30. The Department is authorized to
carry forward and expend up to $45,000 for the evaluation of the
Dropout Prevention and Retrieval Program and up to $45,000 for the
evaluation of the Schoolwide Innovation Program.
28A.39. (EIA - Paperwork Reduction) The Department of
Education must provide a report evaluating the Paperwork Reduction
Program to the Members of the General Assembly by January 1, 1993.
The Department is also authorized to carry forward and
expend up to $60,000 in EIA Implementation, Administration,
Contractual Services funds from the prior fiscal year into the
current fiscal year for the evaluation of the Paperwork Reduction
Program. The Department of Education must provide a report
evaluating the Paperwork Reduction Program to the General Assembly
by January 1.
28A.43. (EIA - Reading Recovery) Of the EIA funds appropriated
herein for the Remedial and Compensatory Program, $600,000 shall be
used for the Reading Recovery programs throughout the State. The
State Department of Education shall report to the EIA Select Committee
on the allocation and expenditure of these funds by September
October 1.
28A.44. (EIA - Roper Mountain) Of the funds appropriated in
XI. C. Teacher Inservice Training, for EIA - Critical Teaching
Needs $200,000 shall be disbursed to the Roper Mountain Science
Center for summer workshops for public school science teachers.
28A.47. (EIA School Intervention Program) In consultation with
the EIA Select Committee, the Department of Education must conduct
an evaluation of the School Intervention Program (SCIP) during the
current fiscal year. The Department shall report the findings of the
evaluation to the EIA Select Committee by June 30
December 1.
28A.48. (EIA - Seriously Impaired Schools In Greatest
Need Grants) The amount of $200,000 is authorized for the
"Seriously Impaired Grant Schools in Greatest
Need Program" under the State Department of Education for
school districts classified as "seriously impaired in
Greatest Need". Districts are eligible to receive such grants
as may be awarded by the State Department of Education to assist in
correcting district deficiencies leading to the designation of
"seriously impaired in Greatest Need". No
portion of the funds shall be used for administration or distribution of
the funds. When the screening process indicates that the quality of
education in a given school or school district is seriously
impaired in Greatest Need, the State Superintendent, with
the approval of the State Board of Education shall appoint a Review
Committee to study educational programs in that school or school
district and identify factors affecting the impairment of quality and, no
later than the end of the school year, make recommendations to the State
Board of Education for corrective action. Within 30 days, thereafter, the
State Department of Education shall notify the superintendent and
district board of trustees of the recommendations approved by the State
Board of Education. Such Review Committee shall be composed of
State Department of Education staff, representative(s) from selected
school districts, representative(s) from higher education, and one or
more non-educator(s).
28A.49. (EIA - Impaired Districts - Full Day Kindergarten) Of the
funds appropriated for the Education Improvement Act-Impaired
Districts, $92,000 must be used to support a pilot full-day kindergarten
program in Hampton and Clarendon counties. The districts shall report
to the Education Improvement Act Select Committee on the
implementation and effectiveness of the program by October
30.
28A.53. (EIA - Teacher Evaluation) The State Department of
Education, with the cooperation of the school districts and teacher
education institutions, must, subject to the approval of the State Board
of Education, revise the system for the observation and evaluation of
student and provisional contract teachers.
The Department of Education is authorized to expend funds provided
in Section XI for the teacher evaluation System toward the revision of
the evaluation system.
The Select Committee also may continue to initiate evaluations of
programs and policies implemented under the EIA and Target 2000
Acts. To this end, $300,000 appropriated under Education
Improvement Act XI. H. EIA Implementation shall be used by the Select
Committee for needed studies. To this end, $250,000
appropriated under EIA Implementation, Administration, Contractual
Services shall be used to support continuation of program and policy
evaluations and studies, to support the state's participation in the Middle
Grades Project, and support the policy study of the
Apprenticeship/Mentorship Committee. These funds shall also be used
to support an independent contracted study to formulate a plan to
accomplish the national education goals as applicable to South Carolina.
The plan must focus on equity, productivity, and interagency
coordination to meet the goals. Input must be sought from the Business-Education Committee for Excellence in Education, the Business-Education Subcommittee, and relevant groups in education, health and
human services, and from the business community.
28A.58. (EIA - Teacher Salaries) The average teacher salary
shall be increased to the projected Southeastern average teacher
salary of was established at $29,403 for the
current FY 92-93 school year. For the FY 93-94
school year, EIA teachers salary funding shall be distributed to
supplement the EFA average base salary component in order to achieve
the FY 1992-93 Southeastern Average teacher salary. The Division of
Research and Statistical Services projects the Southeastern average
teacher salary for the current school year to be $30,190; however, the
statutory requirement to increase the teacher pay scale is waived since
the General Assembly is unable to fully fund the Southeastern Average
Salary. It is the intent of the General Assembly to fully fund the
Southeastern average teacher salary as projected for FY 1994-95.
The projected Southeastern average teacher salary shall be the average
of the average teachers salaries of the southeastern states as projected
by the Division of Research and Statistical Services. The
Department shall achieve this increase by distributing EIA salary
supplement funds based on the percentage that the average statewide
projected salary supplement represents above the prior year's EFA
average base salary component. Such funds shall be utilized by the
School Districts for salaries as above defined to award salary increases
on an equal percentage basis using the district's salary schedule. EIA
employer contributions must be distributed in the same manner as the
EIA Salary Supplement. The projected Southeastern average teacher
salary shall be set as of February 15 and must not be increased or
decreased during the appropriation process.
29.3. (School Reception Equipment) Of the funds
appropriated to ETV for transmission and reception equipment,
$279,775 $182,933 must be used exclusively to
purchase school reception equipment.
33.3. (Nat'l. Historic Preservation Program) The funds
earned from the United States Department of Interior by the South
Carolina Department of Archives and History for administering the
National Historic Preservation Program in this State, with the exception
of the appropriate amount of indirect cost reimbursement to the General
Fund, must be deposited in a special account in the State Treasury, to be
used by this department for a Historic Preservation Grants program that
will assist historic properties throughout South Carolina. From this
fund, the Department may contribute a sum, not to exceed $175,000
annually, to the South Carolina Archives and History Foundation to
assist in activities designed to support and enhance heritage education
and historic preservation efforts, including capital fund raising. The
Foundation will provide accounting for these funds at the end of each
fiscal year. Any funds donated to the Department by the Foundation
will be deposited in the Historic Preservation Grants Program account
for use in funding other state historic preservation projects.
37.3. (Museum Store) The Museum Commission shall
establish and administer a museum store in the State Museum. This
store may produce, acquire, and sell merchandise relating to historical,
scientific, and cultural sources. All profits received from the sale of
such merchandise shall be retained by the Museum Commission in a
restricted fund to be carried forward into the following fiscal year.
These funds may be used for store operations, publications, acquisitions,
educational programs, and exhibit production and general
operating expenses provided that the expenditures for such
expenses are approved by the General Assembly in the annual
appropriations act.
38A.8. The funds appropriated in II D shall be utilized for services
integration efforts. The State Reorganization Commission shall
conduct an evaluation of services integration efforts. The State
Reorganization Commission will provide the results of the study to the
Ways and Means Committee, Senate Finance Committee, Budget and
Control Board Budget Division, Governor's Office and the Human
Services Coordinating Council.
39.7. (Cancer/Hemophilia) Notwithstanding any other
provisions of this act, the funds appropriated herein for cancer treatment
services ($1,329,914) ($1,240,215) and the hemophilia
assistance program, ($75,591) ($67,843) shall not be
transferred to other programs within the agency and when instructed by
the Budget and Control Board or the General Assembly to reduce funds
within the department by a certain percentage, the Department may not
act unilaterally to reduce the funds for any cancer treatment program and
hemophilia assistance program provided for herein greater than such
stipulated percentage.
39.9. (Local Health Department) As of July 1, 1981, the
counties of the state will be relieved of contribution requirements for
salary, fringe benefits and travel reimbursement to local health
departments. The amount of $5,621,120 $5,431,441 is
appropriated for county health department salaries, fringe benefits and
travel. These funds and other state funds appropriated for county health
units may, based upon need, be utilized in either salary or travel
categories. Each county shall provide all other operating expenses of the
local health department in an amount at least equal to that appropriated
for operations for each county in Fiscal Year 1981. In the event any
county makes uniform reductions in appropriations to all agencies or
departments for maintenance and operations, exclusive of salaries and
fringe benefits, a like reduction shall be made in funds appropriated for
the operating expenses of the local health department. Any year-end
lapsed monies which result from this provision shall be returned to the
appropriate county at the end of FY 91.
39.12. (Emergency Medical Services) Funds appropriated
herein for Emergency Medical Services, shall be allocated to the
Counties for the purpose of improving or upgrading the system, and
shall be allocated to the EMS-Regional Councils for administration of
training programs and technical assistance to the local EMS units and
the funds shall be allocated by a ratio of 45 percent to the counties and
55 percent to the EMS Regional Councils. The Department of Health
and Environmental Control shall develop guidelines and administer the
system to make allocations within each region based on demonstrated
need and local match. The $2.5 million increase provided herein
shall not require a local match and local match shall not be a factor in
determining the allocation. The $2.5 million increase shall be allocated
by a ratio of 81 percent to counties, 12 percent to EMS Regional
Councils and 7 percent to the state EMS office. Funds appropriated
($1,150,567) $3,533,153 to Emergency Medical
Services shall not be transferred to other programs within the
Department's budget. In addition, when instructed by the Budget and
Control Board or the General Assembly to reduce funds by a certain
percentage, the Department may not reduce the funds appropriated for
EMS Regional Councils or Aid to Counties greater than such stipulated
percentage.
39.13. (Rape Crisis Centers) Of the amounts appropriated
in Primary Care-Case Services, $483,407 $551,069
shall be used for rape crisis centers around the state. Distribution of
funds shall be based on DHEC Rape Crisis services standards and
expenditures monitored by DHEC.
39.15. (Sickle Cell Programs) Of the $394,091 appropriated
for Sickle Cell program services, 47% is to be designated for the
Community Based and Newborn Screening Programs (Sickle Cell) and
shall be apportioned as follows: (1) 48% is to be divided equally
between the existing Community Based Sick Cell Programs located in
Spartanburg and Columbia and (2) 52% is for the Community Based
Sickle Cell Program in Charleston. The funds shall be used for
providing prevention programs, educational programs, testing,
counseling and newborn screening. The balance of the total
appropriation must be used for Sickle Cell Services operated by
Children's Rehabilitative Services of DHEC. The funds appropriated to
the community based sickle centers shall be reduced to reflect any
percent reduced assigned to the Department by the Budget and Control
Board.
39.16. (Sickle Cell Services) No funds appropriated
($460,205) ($394,091) for ongoing or newly established
sickle cell services may be diverted to other budget categories within the
DHEC budget. That the Department of Health and Environmental
Control shall not be required to undertake any treatment, medical
management or health care follow-up for any person with sickle cell
disease identified through any neonatal testing program, beyond the
level of services supported by funds now or subsequently appropriated
for such services.
39.17. (Genetic Services) The sum of $281,455
$237,653 appearing under the Maternal and Child Care Section
of this Act shall be appropriated to and administered by the Department
of Health and Environmental Control for the purpose of providing
appropriate genetic services to medically needy and underserved
persons. Such funds shall be used by the Department to administer the
program and to contract with appropriate providers of genetic services.
Such services will include genetic screening, laboratory testing,
counseling, and other services as may be deemed beneficial by the
Department, and these funds shall be divided equally among the three
Regional Genetic Centers of South Carolina, composed of units from
the Medical University of South Carolina, the University of South
Carolina School of Medicine, and the Greenwood Genetic Center.
39.23. (Public Swimming Pool Inspection Fee) The
Department shall implement an annual fee schedule for the inspection
of public swimming pools not to exceed the cost of operating the
Recreational Water Program in the prior fiscal year. All revenue
collected in this program shall be deposited to the General Fund.
Type of Facility Fee Type Fee ($)
Wading, kiddie, Construction $200 plus
spraying, swimming, Permit $0.20 per
diving, treatment, square ft.
therapeutic, spa, of surface
hot tub pools area
Sliding, floating, Construction $500 per
rafting pools Permit flume
Wading, kiddie, Operating $90 $100
spraying, swimming, Permit first pool
diving, treatment, plus $50
therapeutic, spa $70 each
hot tub pools add'l
pool*
Sliding, floating Operating $50 per
rafting pools Permit flume
* The $90 $100 base fee for first pool must be
applied to each property unless such property is contiguous or separated
only by a street, alleyway, walk-way, highway or other public right of
way.
39.24. (Environmental Fees) The Department of Health and
Environmental Control is hereby granted authority to charge annually
for environmental permits, licenses, or certificates required by the
Department under the Pollution Control Act, the Safe Drinking Water
Act, the Hazardous Waste Management Act, the Oil and Gas Act, the
Atomic Energy and Radiation Control Act, or Department regulations.
Schedule of Fees
(1) Water Pollution Control
(a) Annual fees for NPDES and State Construction Permits for
Land Application Systems
Type of Facility Permit Fee ($)
WASTEWATER TREATMENT
--Major Facility $1,200 (Flow greater than
2,000,000
gal/day)
--Major Facility $ 900
(Flow 1,000,000 - 1,999,999
gal/day)
--Minor Facility $ 750
(Flow 500,000 - 999,999
gal/day)
--Minor Facility $ 600
(Flow 100,000 - 499,999
gal/day)
--Minor Facility $ 450
(Flow 50,000 - 99,999
gal/day)
--Minor Facility $ 300
(Flow 0 - 49,999 gal/day)
Multiple Discharge Permits $ 900 PLUS
$450/
Discharge
(Greater than 5 Discharge Points) Over 5
(b) Water Quality
Certification
Application Fees
(i) Federal and
Coastal Zone
Certification $ 500
(ii) State, Non-Coastal
Zone Certification $ 75
(c) Construction Permit Fees
(i) Pretreatment
Systems $ 600
(ii) Collection Systems
(a) Nondelegated
Program $ 250
(b) Delegated
Program $ 75
WATER SUPPLY OPERATING PERMIT
--Major Facility $ 800
(Serving more than 10,000 people)
--Major Facility $ 600
(Serving 5,000 - 10,000 people)
--Minor Facility $ 150
(Serving 1,000 - 4,999 people) --Minor Facility $ 50
(Serving less than 1,000 people)
--Hazardous Waste Units $ 600
Fees and Expenses collected by this process shall be deposited in the
General Fund.
(2) Air Pollution Control- Pursuant to the 1990 amendments of the
Federal Clean Air Act the source owner or operator must pay an annual
permit fee of $11.00 $18.00 per ton of regulated
pollutant based on actual emissions during calendar year 1991
1992. Funds generated from these fees shall be retained by the
agency to be used to implement the Air Quality program and provisions
of the Federal Clean Air Act. No fee will be assessed for emissions in
excess of 4,000 tons per year per pollutant.
(3) Laboratory Services
(a) Application Fee - $100.00
(b) Minimum Annual Fee (per laboratory) - $100.00
(c) Clean Water Act (CA) Inorganics - $20.00 per parameter
(d) Safe Drinking Water Act (SDWA) Inorganics - $20.00 per
parameter
(e) SDWA "Secondary" Inorganics - $20.00 per
parameter
(f) CWA Organics
(i) PCBs and Pesticides - $250.00 per sub-group
(ii) Herbicides - $250.00 per sub-group
(iii) Volatiles - $250.00 per sub-group
(iv) Semi-Volatiles - $250.00 per sub-group
(v) Dioxins and Furans - $250.00 per sub-group
(g) SDWA Organics
(i) Trihalomethanes - $250.00
(ii) Synthetic Organic Compounds - $500.00
(iii) Volatiles - $500.00
(h) Microbiology (i) Total Coliform - $50.00
(ii) Fecal Coliform - $50.00
(iii) Fecal Steptococci - $50.00
(i) Biology
(i) Toxicity Testing - $500.00/Species
(ii) Taxonomy - $250.00
(j) Solid and Hazardous Wastes (SW-846 Methods)
Should a laboratory wish to be certified to perform analyses using SW-846 Methodology and that laboratory has paid fees to the Program to
perform analogous analyses under the CWA and/or SDWA, the
laboratory will only be assessed an annual fee of $500.00. However,
should a laboratory wish to perform analyses using SW-846
Methodology only, that laboratory will be assessed an annual fee
according to the formats listed for the CWA and the SDWA parameters,
as applicable.
(4) Radioactive Material Licenses - Annual Fees
(a) Low-Level Radioactive
Waste Disposal $275,000
(b) Radioactive Material
Manufacturing/Processing $ 27,000
(c) Decontamination
Facilities $ 3,000
(d) Industrial Radiography
under Reciprocity $ 500
(e) Low-Level Waste
Consolidation $ 25,000
(f) Low-Level Waste
Processing $ 50,000
All other radioactive material fees shall remain as listed in Regulations
61-63 and 61-68.
39.27. (Safe Drinking Water) The Department of Health
and Environmental Control is authorized to charge each public water
system requesting the Department's assistance an annual user fee for
chemical monitoring and reporting requirements as prescribed in the
1986 Safe Drinking Water Act Amendments in accordance with the
following schedule. A public water system which conducts its own
monitoring is not subject to the annual user fee.
Population Served Annual User Fee
150,001 - 250,000 $4,000
100,001 - 150,000 3,500
50,001 - 100,000 3,250
25,001 - 50,000 3,000
10,001 - 25,000 2,750
3,301 - 10,000 2,500
1,001 - 3,300 1,500
501 - 1,000 1,000
101 - 500 500
51 - 100 300
25 - 50 200
In order to comply with the provisions of the federal Safe
Drinking Water Act, the department is authorized to collect a fee from
each public water system. The fee must be based upon the number of
service connections or the number of taps or meters through which the
system provides water to its customers. The fees collected must be
returned to the department for the purposes of implementing the Safe
Drinking Water Act Regulatory Program including engineering plan
review, compliance inspections, and enforcement; and for providing
technical assistance and monitoring and laboratory analytical services
for the public water systems of the State.
SYSTEM SIZE SYSTEM FEE
(# SERVICE CONNECTIONS)
2 - 14 (Serve fewer than twenty-five customers) $
150.00
2 - 14 (Serve twenty-five or more
customers) $ 500.00
15 - 50 $ 800.00
51 - 100 $ 1,500.00
101 - 500 $ 4,000.00
501 - 1000 $ 8,000.00
1001 - 5000 $15,000.00
5001 - 10000 $18,000.00
10001 - 25000 $20,000.00
25001 - 50000 $30,000.00
50001 - up $40,000.00 40.3. Notwithstanding
any other provisions of law and in addition to other payments provided
in Part I of this act, the Department of Mental Health is hereby
authorized during the current fiscal year, to provide the funds budgeted
herein for $6,214,911 for Departmental operations, $400,000 for the
Continuum of Care, $30,000 $20,000 for the Alliance
for the Mentally Ill, $250,000 for S.C. SHARE - Self Help Association
Regarding Emotions, $50,000 for Palmetto Pathways, and up to
$685,000 for day-to-day operations at the Campbell Nursing Home in
FY 1992-93, from the Patient Fee Account which has been previously
designated for capital improvements and debt service under provisions
of Act 1276 of 1970. The Department of Mental Health is authorized to
fund the cost of Medicare Part B premiums from its Patient Fee Account
up to $150,000. The South Carolina Alliance for the Mentally Ill shall
provide an itemized budget before the receipt of funds and quarterly
financial statements to the Legislative Governor's Committee on Mental
Health and Mental Retardation. The South Carolina Self-Help
Association Regarding Emotions shall provide an itemized budget
before the receipt of funds and quarterly financial statements to the
Legislative Governor's Committee on Mental Health and Mental
Retardation. DMH is authorized to use unobligated Patient Paying Fee
Account funds for community transition programs. The funds made
available shall be utilized consistently with the Transition Leadership
Council's definition of severely mentally ill children and adults. The
department shall report their use of these funds to the Legislative-Governor's Committee on Mental Health and Mental Retardation, the
House Ways and Means Committee, and the Senate Finance Committee.
This amendment is made notwithstanding other obligations currently set
forth in this proviso.
40.20. (Transfer Hospital Earned Revenue) The Department shall
remit $8,783,932 $8,883,932 of earmarked funds to the
General Fund for Fiscal Year 1992-93 the current fiscal
year.
41.9. (Transfer Hospital Earned Revenue) The Department shall
remit $9,216,068 $9,316,068 of earmarked funds to the
General Fund for Fiscal Year 1992-93 the current fiscal
year.
43.2. (Fee Retention) The Department of Social Services
shall recoup all refunds and identified program overpayments and all
such overpayments shall be recouped in accordance with established
collection policy. Funds of $2,000,000 $800,000
collected under the Child Support Enforcement Program (Title IV D)
which are State Funds shall be remitted to the State Treasurer and
credited to the General Fund of the State. All state funds above
$2,000,000 $800,000 shall be retained by the
Department to enhance Child Support operations.
43.7. (Residential Care Optional Supplement) From the
appropriation made herein for General Assistance, the Department will
supplement the income of individuals who reside in those licensed
residential care facilities that have an approved Optional Supplement
Request with the Department. Individuals who reside in those
residential care facilities with approved Optional Supplement Requests
must also 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 or residence in a residential care facility reclassified as
a public institution by the Social Security Administration. For the
period of the current fiscal year, the Department will, based on
availability of funds, supplement the income of the above defined group
up to a maximum of $683.00 $695.00 per/month and the
residential care facilities are authorized to charge a fee of
$650.00 $662.00 per/month for the defined group. The
Department will allow each individual in this defined group a $33.00
per/month personal needs allowance. If the federal government grants
a cost of living increase to Social Security and Supplemental Security
Income recipients, the maximum monthly income permitted this group
and the monthly fee residential care facilities are authorized to charge
this group shall be increased to reflect the change. The Department shall
establish the maximum number of Optional Supplement Requests that
can be funded from the funds appropriated herein. Each residential
care facility must submit to the Department prior to July 1, each year the
number of Optional Supplement Requests for the above defined group
to be served during the next twelve months.
43.10. (Battered Spouse Funds) Appropriations included in
subprogram II E entitled Battered Spouse shall be allocated through
contractual agreement to providers of this service. These appropriations
may also be used for public awareness and contracted services for
victims of this social problem including the abused and children
accompanying the abused. Such funds may not be expended for any
other purpose nor be reduced by any amount greater than that
stipulated by the Budget and Control Board or the General Assembly for
the agency as a whole.
50.1. (Aid to Counties) In the allocation of the
appropriation in this section as adjusted for "Aid to Counties--Operation of County Office," each county shall receive an
effective annual amount equal to 101.5% 100% of the
amount allocated to it for the prior fiscal year less any adjustments
made for budget reductions.
53.1. (Hearing Fee) The amount appropriated in this
section under Program III entitled Parole and Pardons for Hearing Fees
shall be used to provide a hearing fee for Probation, Parole and Pardon
Services Board members Probation, Parole and Pardon Services
Board shall receive a hearing fee under a plan approved by the
Budget and Control Board.
54.1. (Meal Ticket Revenue) The revenue generated from
sale of meal tickets by the Department of Youth Services shall be
retained and carried forward into the current fiscal year by the
agency and expended for the operation of the agency's cafeterias and
food service programs. 54.3. (Interstate Compact/Juvenile
Restitution Programs Revenue) The revenue returned to the
Interstate Compact Program and the revenue returned from the Juvenile
Restitution Program shall be retained and carried forward into the
current fiscal year by the Agency and expended for the Operation
of the respective program areas.
59.7. (Carry Forward for IPP Repayment) Any unexpended balance
of Fiscal Year 1991-92 1992-93 appropriated funds may
be carried forward into Fiscal Year 1992-93 1993-94 for
the purpose of repaying the amount borrowed from the Insurance
Reserve Fund.
61.1. (Revenue Credited to General Fund) All revenues
derived from the Regulatory and Public Service Division covered in this
section shall must be remitted to the credit of the
General Fund.
63.2. (County Game Funds Equipment Purchase) Any
equipment purchased by the Department from county game funds on
approval of a majority of a county delegation, including the resident
senator or senators, if any, shall remain in that county upon the request
of a majority of the respective county delegation, including the resident
senator or senators, if any, and if sold by the Department, the proceeds
of such sale shall be credited to such county game fund. Expenditures
from the County Game Fund and the Water Recreation Resource
Fund which have the approval of the county delegation shall be
exempt from the provisions of Act 651 of 1978, as amended.
63.8. (Publications Revenue) For the current fiscal year all
revenue generated from the sale of the `South Carolina Wildlife'
magazine, its by-products and other publications, shall be
remitted to the General Fund of the State. retained by the
Department and used to support the production of same in order to allow
the magazine to become self-sustaining.
72.1. (Agreement with City of Charleston)
Notwithstanding the provisions of Chapter 35 of Title 11 of the Code of
Laws of South Carolina (1976), these funds (except for per diem and
travel for necessary Commission meetings) shall be used to enter into a
written agreement with the City of Charleston for complete
administrative, accounting, management, marketing and operating
services. Such services shall be performed in accordance with all
applicable State laws, regulations, and procedures. Prior to final
execution, the agreement must be approved by the House Ways and
Means Committee. Costs incurred by the City of Charleston under the
agreement shall be immediately reimbursed by the Commission upon
submission of proper invoices to the Comptroller General. All revenues
earned as a result of operating the Old Exchange Building shall be used
by the City of Charleston to defray the operating costs of the Old
Exchange Building. It is the intent of the General Assembly that the Old
Exchange will be self supporting by June 3 July 1,
1994.
75.4. (Victim Assistance Programs) It is the intent of the
General Assembly that the amounts appropriated in this section for
victim assistance programs in solicitors' offices shall be in addition to
any amounts presently being provided by the county for these services
and may not be used to supplant funding already allocated for such
services. Any reduction by any county in funding for victim assistance
programs in solicitors' offices shall result in a corresponding decrease of
state funds provided to the solicitors' office in that county for victim
assistance services. Each solicitor's office shall submit an annual
financial and programmatic report which describes the use of these
funds. The report shall be submitted to the Governor, the Attorney
General, the Speaker of the House Chairman of the House
Ways and Means Committee, and the President of the
Senate Chairman of the Senate Finance Committee on
October 1, for the preceding fiscal year.
79.1. (Supervisory Fees) The Board of Financial
Institutions shall fix supervisory fees of banks, savings and loan
associations and credit unions on a scale which, together with fees
collected by the Consumer Finance Division will fully cover the total
funds expended under this section. However, in the event of a
surplus in fees collected in the most recent preceding fiscal year, the
surplus may be used to offset fees collected from institutions on a
proportional basis to fund appropriations under this section. Such
collections shall be deposited for credit to the General Fund.
122.8. (Inventory Tax Phase-Out Reimbursement)
(A) Notwithstanding any funds appropriated in this Act for
inventory tax phase-out, there is hereby appropriated whatever amount
is necessary to fully reimburse all counties and municipalities in regard
to the phase-out of the inventory tax for the use tax of
year 1987. The Comptroller General shall make remittances to counties
and municipalities in four equal payments.
(B) Where a portion of a special purpose district is annexed to a
municipality, and its service functions in the annexed area are assumed
by the municipality, the total amount remitted to the county and
municipality shall not exceed the total amount which would be remitted
to the two entities separately. However, the assessed valuation and
special purpose district tax levy for inventory tax purposes for tax year
1987 with respect to the annexed portion of the special purpose district
shall be taken into consideration in determining the proportionate share
of the total allocation due to the county and the municipality.
122.9. (Salary Supplements) Of the amount appropriated in
this section for Clerks of Court, Probate Judges, and County Sheriffs,
$4,725 shall be distributed by the Comptroller General to each County
Treasurer, which shall be used as a $1,575 salary supplement for each
Clerk of Court, Probate Judge and County Sheriff. It is the intent of the
General Assembly that the amount appropriated for such salary
supplements shall include both salary and related employer contributions
and such amounts shall be in addition to any amounts presently being
provided by the county for these positions. The amounts appropriated
in this section for Registers of Mesne Conveyances shall be distributed
by the Comptroller General to the appropriate County Treasurer, which
shall be used as a $1,575 salary supplement for Registers of Mesne
Conveyances. Any reduction by any county in the salary of the Clerks
of Court, the Probate Judges, Registers of Mesne Conveyances and
County Sheriffs or any other reduction of expenditures in the office of
the Clerks of Court, Probate Judges, Registers of Mesne Conveyances
and County Sheriffs shall result in a corresponding decrease of funds
provided to that county by the State. Payment shall be made to each
County Treasurer in a single lump sum at the beginning of the fiscal year
and payment shall be made to the Clerks of Court, Probate Judges and
County Sheriffs by the County Treasurer over a twelve month period in
the same manner as county salaries are paid. The State shall pay
$14,792 $14,864 on the salary of each County Auditor
and County Treasurer in addition to any amounts presently being
provided by the county for these positions. It is the intent of the General
Assembly that the amount appropriated by the county for these positions
shall not be reduced as a result of the appropriation and that such
appropriation shall not disqualify each County Auditor and each County
Treasurer for salary increases that they might otherwise receive from
county funds in the future. Any reduction by any county in the salary of
the County Auditor and County Treasurer shall result in a corresponding
decrease of funds provided to that county by the State. These salaries
shall be administered by the Comptroller General's Office and paid in
accordance with the schedule and method of payment established for
state employees.
124.9. (Sale of Materials, Supplies & Equipment) The
Department of Highways and Public Transportation may sell any
materials, supplies, or equipment classified as obsolete, surplus, or junk
for which the Department has no further need, or offer same for trade-in
in the purchase of new materials or equipment. All such sales of
obsolete, surplus or junk materials or equipment by the Department
shall must be at public auction, unless the Department
deems another sales method is more advantageous, with the approval of
General Services, not less than ten days after having been advertised in
a newspaper of statewide circulation at least once. The Department may
reserve the right to reject any or all bids. Items having a value of less
than one hundred dollars may be disposed of by sale in the most
advantageous way to the Department, and the Department may make
negotiated sales of surplus materials, equipment and supplies to county,
State, and municipal agencies on a mutually agreed upon basis. All
proceeds from the sale of such obsolete, surplus or junk material,
supplies, and equipment shall must be credited to the
Highway and Public Transportation Fund.
124.25. (Accounting Functions Transferred to Treasurer and
Comptroller General) The Department of Highways and Public
Transportation shall transfer $545,000 and 12 FTE's
$471,500 to the Comptroller General's Office and $129,093
and 3 FTE's $78,593 to the State Treasurer's Office for the
purpose of servicing the accounting and payroll functions of the
Department. The Department shall coordinate this transfer so as to
provide continuity in fiscal matters, including uninterrupted payment of
personnel. The Department is further authorized to realign its FY 1993-94 authorizations into a revised structure during the first half of the
fiscal year in order to reflect program changes to allow for the proper
budgeting of DHPT operations.
129.12. (POLA, 110% Other Funds) Professional and
Occupational Licensing Agencies referred to in Section 11-5-210,
CLSC, 1976, must generate revenue equal to 110 percent of their
appropriation. In any year during which any Professional and
Occupational Licensing Agency does not generate the required revenue
as provided above, it shall generate sufficient revenue in the succeeding
year to offset the prior deficit, in addition to meeting requirements for
the current year. Professional and Occupational Licensing Boards may
adjust fees, if necessary, to generate revenue at least ten percent above
the current year state appropriation. The Professional and
Occupational Licensing Agencies referred to in Section 11-5-210 of the
1976 Code and the State Athletic Commission shall operate with
Earmarked Other Funds authorization and shall generate revenue at least
equal to 110% of their expenditures for the current fiscal year but not
less than the agency remitted to the General Fund above expenditures in
the prior fiscal year. The State Budget Division shall establish a
schedule for revenues to the General Fund on each agency and shall
monitor to ensure all revenues above expenditures go directly to the
General Fund for the current fiscal year.
129.15. (Transfers of Appropriations) (A) Transfers of
appropriations herein provided may be made within departments upon
written justification to the State Budget Division and upon the
unanimous approval of the State Budget and Control Board.
Agencies and institutions shall be authorized to transfer
appropriations within programs and within the agency with notification
to the State Budget Division and Comptroller General.
(B) No such transfer may exceed twenty percent of the
program budget. Upon request, details of such transfers may be
provided to members of the General Assembly on an agency by agency
basis.
(C) No transfers for the purpose of providing salary increases for
current employees shall be allowed from funds appropriated in this act
for new positions.
(D) The Board shall use all transfer activity data to assist in
analyzing agencies' budget requests. A report on transfer activity shall
be made quarterly to the Ways and Means Committee and the Senate
Finance Committee.
Transfers of appropriations from personal service accounts to
other operating accounts or from other operating accounts to personal
service accounts may be restricted to any established standard level set
by the Budget and Control Board upon formal approval by a majority of
the members of the Budget and Control Board.
129.25. (Human Services Coordinating Council Creation) The
General Assembly finds that the operation of health and human services
may be enhanced by closer working relationships among agencies at the
state and local level. The General Assembly finds that coordination at
both levels provides opportunities to serve the citizens of South Carolina
better through (1) continued expansion of services integration and (2)
stronger communication among agencies delivering services.
In order to assist in, recommend, develop policy for, and supervise the
expenditure of funds for the continuation of service integration in South
Carolina, there is created a Human Services Coordinating Council,
hereinafter, entitled the Council. The Council shall consist of:
(1) The chairperson of the boards of the following agencies:
Commission on Aging, Commission on Alcohol and Drug Abuse,
Commission on the Blind, Children's Foster Care Review Board,
Department of Education, Department of Health and Environmental
Control, State Health and Human Services Finance Commission,
Department of Youth Services, Department of Veterans' Affairs, John
De La Howe School, Department of Mental Health, Department of
Mental Retardation, School for Deaf and Blind, Department of Social
Services, Department of Vocational Rehabilitation, Guardian ad Litem
Program, Continuum of Care for Emotionally Disturbed Children,
Educational Television, Wil Lou Gray Opportunity School, Department
of Corrections, Probation, Parole and Pardon Services and the State
Housing Finance and Development Authority.
These chairpersons shall receive the usual mileage, subsistence, and
per diem provided by law for members of committees, boards, and
commissions. Mileage, subsistence, and per diem must be paid from the
approved accounts of their respective boards or commissions.
(2) The Director or chief executive officer of each of the
following agencies: Commission on Aging, Commission on Alcohol
and Drug Abuse, Commission on the Blind, Children's Foster Care
Review Board, Department of Education, Department of Health and
Environmental Control, State Health and Human Services Finance
Commission, Department of Youth Services, Department of Veterans'
Affairs, John De La Howe School, Department of Mental Health,
Department of Mental Retardation, School for Deaf and Blind,
Department of Social Services, Department of Vocational
Rehabilitation, Guardian ad Litem Program, Continuum of Care for
Emotionally Disturbed Children, Educational Television, Wil Lou Gray
Opportunity School, Department of Corrections, Probation, Parole and
Pardon Services and the State Housing Finance and Development
Authority.
(3) The Governor or his designee.
(4) Other such members as the Council shall deem appropriate.
The Council shall:
(1) Select a board chairperson, director or chief executive
officer on an annual basis to serve as the Council chairperson;
select a chief executive officer on an annual basis to serve as the Council
vice-chairperson.
(2) Meet regularly to provide an opportunity for collaboration and
cooperation among member agencies.
The Council shall have as its goals: (1) Identify and address
priority health and human needs and promote the availability of
responsive resources.
(2) Promote cost-effective, efficient approaches for the delivery of
health and human services which include prevention, education,
reduction of dependency, promotion of self-sufficiency and delivery of
services in the least restrictive, most appropriate community-based and
institutional settings.
(3) Provide coordination between the council members and the State
Health and Human Services Finance Commission in the development of
the comprehensive State Health and Human Services Plan.
(4) In cooperation with the State Health and Human Services Finance
Commission, coordinate and oversee efforts to integrate services
information among state agencies and between state and local agencies.
(5) Review and monitor service integration efforts begun by the
Human Services Integration Projects, and including:
(a) Developing standards for case management activities and
coordinating with local entities on service integration efforts, and
(b) Receiving requests for funding of projects designed to further
integration of services, including review and approval of such projects.
Member agencies and departments of the Council will provide
client information for the Client Masterfile System, as requested by the
Council Chair, for statistical analysis purposes and for improving human
services delivery systems for South Carolinians. All individual client
information submitted by participating agencies or departments will be
protected under the State's confidentiality laws and regulations.
129.29. (Payroll Schedule & Compensation Restrictions)
Except as otherwise provided in this Act, all appropriations for
compensation of State Employees shall be paid in twice-monthly
installments to the person holding such position. In order to provide a
regular and permanent schedule for payment of employees, it is hereby
established that the payroll period shall begin on June 2, 1991,
of the prior fiscal year, with the first pay period ending on June
16, 1991 of the prior fiscal year. The payroll period
shall continue thereafter on a twice-monthly schedule as established by
the Budget and Control Board. It is the intent of the General Assembly
that this schedule, thus established, will continue from one fiscal year to
another without interruption, on a twice-monthly basis. The Budget and
Control Board is authorized to approve any changes to this schedule
where circumstances are deemed justifiable.
The appropriated salaries for specified positions shall mean the
maximum compensation for such position, except as specifically
provided in other provisions of this act, and in any case where the head
of any department can secure the services for a particular position or
work at a lower rate than the salary specified in this Act, authority for so
doing is hereby given.
No employee of any state department or institution shall be paid any
compensation from any other department of the state government except
those approved under the provisions of Regulation 19-702.09 of the
1976 Code, as amended, and no employee of any department or
institution shall be paid travel expenses by any other department or
institution without approval of the agency by which he is regularly
employed. The Comptroller General shall report, after June thirtieth of
each year, to the House Ways and Means Committee and the Senate
Finance Committee the names of all employees receiving dual
compensation and the amounts received.
The provisions of Regulation 19-707.02 and Section 8-5-10 of the
1976 Code, as amended, shall not apply to employees hired for 120 days
or less.
129.32. (RIF, Recall Procedures, Residency Preference)
Notwithstanding any other provision of law, the Budget and Control
Board shall be responsible for coordinating the placement of all state
employees who are terminated because of a reduction-in-force resulting
from reduced personal service funding and shall issue such
administrative procedures as necessary to carry out the intent of this
proviso. When a vacancy occurs in a state agency, or when an agency
acts to fill a new position as listed and italicized in the Appropriation
Act, the agency shall implement the recall provisions of their reduction-in-force procedure and plan concerning its employees who have been
terminated as a result of a reduction-in-force. State agencies shall give
priority consideration to those employees who have been terminated
from any other state agency as a result of this reduction-in-force and
who were formerly employed in the same classification, classification
series, or position category as the vacancy or the new position listed in
this act. Notwithstanding any other provision of law, when a
vacancy occurs in a state agency, other than institutions of higher
education, or when an agency acts to fill a new position, the agency shall
give preference to residents of this State, if the two are equally qualified
for the vacancy or new position.
129.35. (Allowance for Residences & Compensation
Restrictions) That salaries paid to officers and employees of the State,
including its several boards, commissions, and institutions shall be in
full for all services rendered, and no perquisites of office or of
employment shall be allowed in addition thereto, but such perquisites,
commodities, services or other benefits shall be charged for at the
prevailing local value and without the purpose or effect of increasing the
compensation of said officer or employee. The charge for these items
may be payroll deducted at the discretion of the Comptroller General or
the chief financial officer at each agency maintaining its own payroll
system. This shall not apply to the Governor's Mansion, nor for
department-owned housing used for recruitment and training of Mental
Health Professionals, nor to guards at any of the State's penal institutions
and nurses and attendants at the Department of Mental Health, and the
Department of Mental Retardation, and registered nurses providing
clinical care at the MUSC Medical Center, nor to the Superintendent and
staff of John de la Howe School, nor to the cottage parents and staff of
Wil Lou Gray Opportunity School, nor to full-time or part-time staff
who work after regular working hours in the SLED Communications
Center or Maintenance Area, nor to the Directors of John G. Richards
Campus, Willow Lane Campus, and the Reception and Evaluation
Center at the Department of Youth Services nor to the Residence
Dormitory Director and the Assistant Residence Director at the
Governor's School for Science and Mathematics. The Presidents of
those State institutions of higher learning authorized to provide on-campus residential facilities for students may be permitted to occupy
residences on the grounds of such institutions without charge.
Any state institution of higher learning may provide a housing
allowance to the President in lieu of a residential facility, the amount to
be approved by the Budget and Control Board.
That the following may be permitted to occupy residences owned by
the respective Departments without charge: the Commissioner of the
Department of Corrections, the State Commissioner of Mental Health,
the Farm Director, Farm Managers, and Specialists employed at the
Wateree River Correctional Institution, Walden Correctional Institution,
MacDougall Youth Correctional Center, and Givens Youth Correctional
Center; the S. C. State Commission of Forestry fire tower operators,
forestry aides, and caretaker at central headquarters; the S. C. Wildlife
and Marine Resources Department's Game Management Personnel, Fish
Hatchery Superintendents, Lake Superintendent, and Fort Johnson
Superintendent; the Department of Parks, Recreation and Tourism field
personnel in the State Parks Division; the Agricultural Aide at the
Department of Youth Services Farm; Director of Wil Lou Gray
Opportunity School; President of the School for the Deaf and Blind;
house parents for the Commission for the Blind; Director of the
Physical Plant at Winthrop College and Farm Superintendent at
Winthrop College; S.C. Department of Health and Environmental
Control personnel at the State Park Health Facility and Camp Burnt Gin;
Assistant Director of Residence Life and a student counselor at Lander
College; Clemson University's Head Foot ball Coach; the Department
of Mental Retardation physicians and other professionals at Whitten
Center, Clemson University Off-Campus Agricultural Staff and Housing
Area Coordinators; and University of South Carolina's Manager of Bell
Camp Facility, Housing Maintenance Night Supervisors, Residence Life
Directors, temporary and transition employees, and emergency medical
personnel. Except in the case of elected officials, the fair market rental
value of any residence furnished to a State Employee shall be reported
by the State Agency furnishing the residence to the State Auditor and the
Joint Legislative Committee on Personal Service Financing and
Budgeting by October 1, of each fiscal year.
All salaries paid by departments and institutions shall be in accord
with a uniform classification and compensation plan, approved by the
Budget and Control Board, applicable to all personnel of the State
Government whose compensation is not specifically fixed in this act.
Such plan shall include all employees regardless of the source of funds
from which payment for personal service is drawn. The Division of
Human Resource Management of the Budget and Control Board is
authorized to approve temporary salary adjustments for classified and
unclassified employees who perform temporary duties which are limited
by time and/or funds. When approved, a temporary salary adjustment
shall not be added to an employee's base salary and shall end when the
duties are completed and/or the funds expire. Academic personnel
of the institutions of higher learning and other individual or group of
positions that cannot practically be covered by the plan may be excluded
therefrom but their compensations as approved by the Division of
Human Resource Management shall, nevertheless, be subject to review
by the Budget and Control Board. Salary appropriations for employees
fixed in this Act shall be in full for all services rendered, and no
supplements from other sources shall be permitted or approved by the
State Budget and Control Board. With the exception of travel and
subsistence, legislative study committees shall not compensate any
person who is otherwise employed as a full-time state employee.
Salaries of the heads of all agencies of the State Government shall be
specifically fixed in this Act and no salary shall be paid any agency head
whose salary is not so fixed. The source of compensation for any
position in the State Government shall not be changed without approval
of the Budget and Control Board. Commuter mileage on non-exempt
state vehicles shall be considered as income and reported by the
Comptroller General in accordance with IRS regulations. As long
as there is no impact on appropriated funds, state agencies and
institutions shall be allowed to  spend public and/or other funds for
designated employee award programs which shall have written criteria
approved by the agency governing board or commission. For purposes
of this section, monetary awards, if any, shall not be considered a part
of an employee's base salary, a salary supplement, or a perquisite of
employment. The names of all employees receiving monetary awards
and the amounts received shall be reported annually to the South
Carolina Division of Human Resource Management.
129.48. (Annual Report - Efficiency & Effectiveness
Measures) (Annual Accountability Report) Each agency
of state government shall include in their annual report to the
General Assembly a listing of agency programs in order of priority
importance to the mission of the agency. The reports shall further
contain efficiency and effectiveness measures regarding the performance
of each agency program, including measures which compare actual
performance for the fiscal year being reported to the actual performance
of the previous fiscal year. The Budget and Control Board shall develop
uniform criteria for the efficiency and effectiveness measures to be
included in the report. Each agency is further required to include the
following conference information in the annual report: a list of all
conference organized by the agency's employees; the purpose of each
conference; the dates and location of each conference; the number of
employees from each state agency attending each conference and the
total cost of each conference prepare an Annual Accountability
Report in lieu of an Annual Report to be submitted to the General
Assembly. The report shall contain the agency mission, objectives to
accomplish the mission, and performance measures that show the degree
to which objectives are being met.
129.52. (Lump Sum Agencies Expenditure Report) Beginning
July 1, 1991, all lump-sum agencies shall prepare quarterly their fiscal
year-to-date expenditures in a format in which their expenditures can be
compared to the appropriations contained in this act. These reports are
due 30 days after the end of each quarter and shall be submitted to the
Budget Division of the Budget & Control Board, Ways and Means
Committee and Senate Finance Committee. Beginning with
Fiscal Year 1993-94, all lump-sum agencies shall prepare, annually, a
year-end expenditure report that reflects total expenditures by source of
funds, program, sub-program, personnel by minor object code, and all
other expenditures by major object codes as defined by the Comptroller
General's Office. This report shall be submitted to the Budget Division
of the Budget and Control Board no later than 75 days following the
close of each fiscal year. 129.55. (PORS Retirees Salary
$10,500 $11,500 Limit) Notwithstanding the provisions
of subsections (1) and (2) of Section 9-11-90, a retired member of the
System may return to employment covered by the System and earn up
to ten eleven thousand five hundred dollars a fiscal year
without affecting the monthly retirement allowance he is receiving from
the System. If the retired member continues in service after having
earned ten eleven thousand five hundred dollars in a
fiscal year, his retirement allowance must be discontinued during the
period of service in the remainder of the fiscal year. If the employment
continues for at least forty-eight consecutive months, the provisions of
Section 9-1-1590 apply. The provisions of this section do not apply to
an employee or member of the System who has retired mandatorily
because of age pursuant to Section 9-1-1530.
129.56. (SCRS Retirees Salary $10,500 $11,500
Limit) Notwithstanding any other provision of law, a retired member of
the System may return to employment covered by the System and earn
up to ten eleven thousand five hundred dollars a fiscal
year without affecting the monthly retirement allowance he is receiving
from the System. If the retired member continues in service after having
earned ten eleven thousand five hundred dollars in a
fiscal year, his retirement allowance must be discontinued during his
period of service in the remainder of the fiscal year. If the employment
continues for at least forty-eight consecutive months, the provisions of
Section 9-1-1590 apply. The provisions of this section do not apply to
an employee or member of the System who has retired mandatorily
because of age pursuant to Section 9-1-1530.
130.1. (Year End Expenditures) Unless specifically
authorized herein, the appropriations provided in Part I of this Act as
ordinary expenses of the State Government shall lapse on July 31,
1993 1994. State agencies are required to submit all
current fiscal year input documents to the Comptroller General's Office
by July 20, 1993 1994. Appropriations for Permanent
Improvements, now outstanding or hereafter provided, shall lapse at the
end of the second fiscal year in which such appropriations were
provided, unless definite commitments shall have been made, with the
approval of the State Budget and Control Board and Joint Bond Review
Committee, toward the accomplishment of the purposes for which the
appropriations were provided. Appropriations for other specific purposes
aside from ordinary operating expenses, now outstanding or here after
provided, shall lapse at the end of the second fiscal year in which such
appropriations were provided, unless definite commitments shall have
been made, with the approval of the State Budget and Control Board,
toward the accomplishment of the purposes for which the appropriations
were provided.
SECTION 3. The following numbered paragraphs are added to the
appropriate sections of Part I of Act 501 of 1992:
1.2 For the current fiscal year, except as hereinafter specifically
provided, all general state revenues derived from taxation, licenses, fees,
or from any other source whatsoever, and all institutional and
departmental revenues or collections, including income from taxes,
licenses, fees, the sale of commodities and services and income derived
from any other departmental or institutional source of activity, must be
remitted to the State Treasurer at least once each week, when practical.
2A.2. (Descriptive Proviso Titles) Descriptive proviso titles listed
in this Act are for purposes of identification only and are not to be
considered part of the official text.
3.58. (Legislative Carry Forward) Of the funds carried forward by
the House of Representatives from the previous fiscal year, $238,123
may be transferred to the Legislative Council for the purpose of printing
the Code of Laws.
3.59. (Reduce Personal Service Line Item Detail) The Budget
Division is authorized to reduce the line item detail for personal services
in Section 3B-House of Representatives. The only positions which will
be separately identified are as follows: Speaker, Speaker Pro Tempore,
House of Representatives, Sergeant at Arms, Clerk of the House,
Reading Clerk.
The Budget Division is directed to work with staff of House
Bookkeeping to accomplish the necessary transfers by September 30,
1993.
3.60. (Postage/Telephone Allocation) Any member of the House
who has not used all of his annual allocation for postage or all of his
annual allocation for telephone expenses may use the remaining funds
in one category in the other category during that year.
3.61. (Re-establish Joint Legislative Committee on Energy) The
Joint Operations and Management Committee of the Legislature may re-establish the budget of the Joint Legislative Committee on Energy using
available funds within the Legislative Department.
3.62. (Alcohol and Drug Abuse Committee) Of the appropriation
to the Joint Legislative Committees for FY 1993-94, $35,464 is
designated for Section 3J.5, Joint Legislative Committee on Alcohol and
Drug Abuse.
4.12. Whenever the Court shall order appointment of counsel or
expert witnesses to assist an indigent person in the presentation of a
defense pursuant to the provisions of Section 16-3-26 of the 1976 Code,
the Clerk of Court in the county in which any cost or fee is awarded
shall report these costs and fees to the Chief Justice of the Supreme
Court, who shall be required to make an annual written accounting to the
General Assembly not later than the third Tuesday in January. The
accounting must include the name and number of the case, the name of
the judge or judges making the appointment or award, the nature of the
specific services provided by the expert witness or witnesses, the
specific purpose for which the expert services were ordered and the total
costs of the services provided.
5.22. (Crime Victims Fund Transfer) The appropriation for
Program II, Crime Victims Fund under Section 75, Workers
Compensation Fund, is transferred to Section 5C, Governor's Office-Executive Policy and Programs.
7.5. (Lobbyist Registration Fees Transfer to Ethics) Prior to closing
its books for the prior fiscal year, the Secretary of State shall transfer all
remaining funds collected pursuant to the Sections 2-17-20 and 2-17-25,
Chapter 17, "The Ethics, Government Accountability, and
Campaign Reform Act of 1991" to the State Ethics Commission.
10.12. (Federal Grant for Drug Enforcement Operations) Any
unexpended appropriated funds may be carried forward into FY 93-94
and used to match a federal grant for the drug enforcement operations of
the State Grand Jury Division.
10.13. (Twelve Month Probationary Period) Notwithstanding any
other provision of law, anyone appointed to fill an original appointment
in a classified attorney position in the Attorney General's Office and
anyone hired after July 1, 1993 shall serve a probationary period of
twelve months.
10A.5 The additional .25 FTE added for the Prosecution
Coordination Commission is to make the position of executive support
specialist fulltime.
12.6. (State Guard Uniforms) Any element of the Militia of this
State may be uniformed in such surplus uniforms as may be made
available to this State, except that the insignia of the United States shall
be removed and for it shall be substituted distinctive insignia of the State
of South Carolina. Expenditure of funds appropriated for the State
Guard is authorized for this purpose.
13.9. (Primary Election Carry Forwards) Filing Fees received from
candidates filing to run in statewide or special primary elections may be
retained and expended by the State Election Commission to pay for the
conduct of primary elections. Any balance in the filing fee accounts on
June 30, of the prior fiscal year may be carried forward and expended for
the same purposes during the current year. In addition, any balance in
the Primary Election Accounts on June 30, of the prior fiscal year may
be carried forward and expended for the same purposes during the
current fiscal year.
14B.1. (Authorization to Charge for DP Services) Financial Data
Systems, located within the Budget & Control Board - Internal
Operations Division is authorized to charge for data processing services
rendered to those agencies or programs which have provisions form non-appropriated sources. Such charges may not exceed the cost of the
provision of those services and such funds may be carried forward and
used for the same purposes.
14D.4. (Agencies Affected by Restructuring) The Budget and
Control Board is directed to work with affected State agencies in order
to phase-in operations of restructured organizations during Fiscal Year
1993-94. Restructured organizations should be operating entirely under
the revised structure not later than June 30, 1994. The Board is further
directed to work with the affected agencies in order to identify and
facilitate the transfer of any portion of their operations, including
transfer of funds, during Fiscal Year 1993-94, which is affected by the
restructured organization adopted by the General Assembly, but which
has not already been accomplished herein. Until sufficient changes can
be made to the State's accounting system and the appointment of
appropriate agency heads, the Comptroller General and the State
Treasurer shall allow those agencies affected by restructuring to
continue processing documents within the account structure existing on
June 30, 1993. Restructured agencies shall make all the necessary
accounting adjustments to complete the transition to the new account
structure as soon as possible, but no later than June 30, 1994.
14E.13. (POLA Equipment Carry Forward) Any unexpended
balance on June 30, of the prior fiscal year, of the funds appropriated to
Research & Statistical Services for POLA equipment purchases,
may be carried forward into the current fiscal year and used for the same
purposes.
14G.18. (State Engineer's Office Contract Document Review) The
Office of State Engineer must review properly completed schematic
design, properly completed design development, and properly completed
construction documents within forty-five days of submission of
documents.
14G.19. (Pre-Qualifying Bidders on Construction Projects) The
State Engineer's Office shall develop a procedure and a list of criteria for
pre-qualifying construction bidders. The criteria shall include, but not
be limited to, prior performance, recent past references on all aspects of
performance, financial stability, and experience on similar construction
projects. A governmental body may use the pre-qualification process
only for projects where the construction involved is unique in nature as
determined by the State Engineer's Office, and under the supervision of
the State Engineer's Office unless the project falls within the
governmental body's procurement certification limits.
When the pre-qualification process is employed, only those bidders
who are pre-qualified through this procedure are entitled to submit a bid
for the project. The determination of which bidders are pre-qualified,
and thereby entitled to bid, is not protestable under Section 11-35-4210
or any other provision of this Code.
14G.20. (Amendments and Change Orders Related to
Architectural/Engineering and Construction Contracts) Each agency of
State Government shall be allowed to approve and pay for amendments
to Architectural/Engineering contracts and change orders to construction
contracts, within agency certification which do not alter the original
scope or intent of the project, and which do not exceed the previously
approved project budget.
14G.21. (Indefinite Delivery Contracts for Construction Items,
Architectural/Engineering and Land Surveying Services) (1) General
Applicability: Indefinite delivery contracts may be awarded on an as
needed basis for construction related services pursuant to the procedures
set forth in Section 11-35-3020 and for architectural-engineering and
land surveying services pursuant to Section 11-35-3220. When either
of these two types of contracts is awarded they shall be limited to a total
expenditure of $200,000 for a two year period with individual project
expenditures not to exceed $100,000.
(2) Grant or Other Funded Research Projects: A governmental body
may establish an indefinite delivery contract pursuant to the procedures
set forth in Section 11-35-3020 for use on an as needed basis for
construction or renovation funded by grant or other non-appropriated
funds given for research projects. A contract established under this
section shall be limited to a total expenditure of $250,000 for a two year
period with individual project fees not to exceed $100,000.
(3) Small Indefinite Delivery Contracts: Small indefinite delivery
contracts for architectural-engineering and land surveying services may
be procured as provided in Section 11-35-3230. A contract established
under this section shall be subject to and included in the limitations for
individual and total contract amounts provided in Section 11-35-3230,
and any regulations promulgated thereunder.
14G.22. (Gifts-in-Kind Related to Architectural/Engineering
Services & Construction) Governmental bodies may accept gifts-in-kind of architectural/engineering services and items of construction
of a value less than $250,000 with the approval of the staff of the
Commission on Higher Education, the Director of the Division of
General Services, and designated staff of the Joint Bond Review
Committee, provided that no such gifts shall be made or accepted if such
gifts are offered with the intent of influencing the judgment of any
governmental body. No other approvals or procedural requirements,
including the provisions of Section 11-35-10, et. seq., may be imposed
on the acceptance of such gifts.
14G.23. (Annual Permanent Improvement Plan Process) The state
shall set an approval date of August 1st for APIP.
14G.24. (Definition of Permanent Improvement) The state shall
define a permanent improvement only in terms of capital improvements,
as defined by generally accepted accounting principles, for reporting
purposes to the state.
14G.25. (Permanent Improvement Planning & Execution)
Each agency of State Government that has total management capability
as defined and certified by the Division of General Services shall be
allowed to oversee the administration of permanent improvement
projects with the State Engineer's Office serving as an audit function.
The State Engineer's Office shall assist those small agencies who do not
have the necessary expertise in permanent improvements.
14G.26. (Architectural/Engineering Advertising) Each agency of
State Government shall be allowed to advertise and interview for the
Architectural/Engineering firms for a pending permanent improvement
project with the caveat that no contract is awarded until a state project
number is assigned.
14G.27. (Museum Food Service) Except for $20,475 to be paid by
the State Museum from FY 93-94 appropriations, the General Services
Division of the Budget and Control Board will be responsible for the
rent associated with 4,832 sq. ft. of space designated by the State
Museum for a food service facility. Any funds appropriated after Fiscal
Year 1992-93 to the State Museum for the leasing of the 4,832 sq. ft.
shall be paid to General Services to offset the cost of the rent to General
Services. In addition, any revenue from the leasing of the space to a
food vendor, up to the balance of the cost to General Services for the
lease, shall be paid to General Services. Furthermore, General Services
is prohibited from leasing this space to any entity other than a food
service vendor.
14G.28. (Frequent Flyer Premiums) State agencies and employees
shall select air carriers based on cost and time criteria, not on whether
frequent flyer premiums are given. State agencies should ensure that
employees earning frequent flyer premiums while traveling on State
business use them to reduce the cost of subsequent business travel
whenever possible.
14G.29. (Reporting of Procurement Data) Each state agency is
required to report to the Division of General Services, no later than
August 15 of each year, in a format prescribed by the Division, the total
dollar volume of business that was contracted either directly or through
sub-contractors with certified small, minority and women-owned
businesses during the previous fiscal year. The Division of General
Services shall provide a copy of the report to the House Ways &
Means Committee and the Senate Finance Committee.
14G.30. (Printing Limitations) Notwithstanding other provisions of
law and unless a waiver is authorized by the State Budget and Control
Board, a printing job costing in excess of $1,000 must use black ink and
be on ordinary 20# or 60# paper. The Division of General Services of
the State Budget and Control Board shall develop guidelines to
determine which printing projects funded by general fund monies must
be economized. However, certain printing projects funded by general
fund monies may be funded fully. These projects include, but are not
limited to, recruitment brochures and economic development materials.
14J.11. (Mammogram Certification) For State Health Plan Year
1994 and after that time, the Budget and Control Board under the State
Health Plan may not contract with a hospital, physician's office, clinic,
or similar facility for the performance of mammograms unless the
hospital's mammogram center, physician's office, clinic, or facility has
been certified by the American College of Radiology for the procedures
or has applied for certification.
14J.12. (IRF-Set Aside) Any funds available in the Insurance
Reserve Fund (IRF) set aside as partial settlement of the Federal Health
and Human Services Audit Settlement, that would not have been
distributed directly to the Federal Government must be transferred to the
Civil Contingent Fund of the Budget and Control Board. An amount not
to exceed the transferred amount may be used for the following
purposes:
1.To provide full or partial funding for the State's share of a property
and casualty insurance rate increase as imposed by and for the IRF,
and/or
2.To provide full or partial funding for any potential liability of the
Coastal Council arising as a result of an action pursuant to that agency's
administration of the Beach Front Management Act. Any funds
resulting from the liquidation of any asset acquired pursuant to this
paragraph must be remitted to the Civil Contingent Fund.
14K.24. (Pilot Innovation) Notwithstanding other provisions of
law, the Budget and Control Board is authorized to enter into pilot
programs with individual agencies or groups of agencies in order to
create innovations in State Government. The Budget and Control Board
will monitor the findings and results of pilot programs to determine if
legislative recommendations should be provided to the General
Assembly.
14K.25. (Senior Professional Service) The Division of Human
Resource Management of the Budget and Control Board will develop a
plan for a Senior Professional Service for upper management level
employees of State agencies. The plan will be submitted to the
Governor and the General Assembly by January 15, 1994. The plan will
address qualifications, compensation, benefits, retention, mobility, and
other factors necessary to establish a professional service geared to
maximizing the mission of State agencies.
14K.26. (Employment Rights affected by Restructuring) Provided,
that all State employees affected by the restructuring of State agencies
shall retain all present employment rights. Employees who are
transferred or reassigned as a result of restructuring who had attained
permanent status as provided in the State Employee Grievance
Procedure Act of 1982, as amended, shall retain such rights. Employees
in positions not covered by the State Employee Grievance Procedure
Act of 1982, as amended, who would occupy positions subject to the Act
after restructuring and who have more than six months service as a State
employee shall have grievance rights under the Act.
14K.27. (Agency Head Salaries Affected by Restructuring) The
salaries of Agency Directors affected by restructuring will be reviewed
by the Division of Human Resource Management of the Budget and
Control Board. The review by the Division of Human Resource
Management will be submitted to the Agency Head Salary Commission
and the Budget and Control Board. The Agency Head Salary
Commission shall recommend to the Budget and Control Board any
salary adjustments deemed appropriate for approval.
14K.28. (Flexible Work Schedules) Each agency of State
Government shall be allowed to determine the work schedule of each of
its employees to meet the needs and deliver the services of the agency.
Each schedule of work must average at least the minimum 37.5 hour
work week.
14K.29. (Annual Pay Plan Framework) The Division of Human
Resource Management will develop in consultation with the State
Employees Association a framework for the development of an annual
pay plan for State employees. This plan will be based on criteria
including but not limited to performance, experience, and position in
salary range. The framework for the pay plan will be submitted to the
Governor and the General Assembly by January 15, 1994.
14K.30. (Group Performance Bonus) State agencies are authorized
to develop group productivity incentive programs for the recognition
and award of team accomplishments through group performance.
Employees of any organizational unit within each of the various
agencies are eligible to share equally 25% of the identified savings
resulting from reduced operational costs in the unit up to a maximum of
$2,000 per employee in a fiscal year. The agency shall adopt policies
and procedures to determine unit expenses or base data and for the year
of participation in the group productivity incentive program. Records
of proposals, actual dollar savings and employee awards will be reported
to the Budget and Control Board or its designee. Any bonus or cash
award paid as a group productivity incentive shall not become a part of
the employee's base salary and shall not be considered as compensation
in terms of contributions to and determination of benefits for any of the
State's retirement systems.
14K.31. (Employee Recognition) State agencies and institutions
shall be allowed to spend public funds on employee plaques, certificates
and other events, including meals and similar types of recognition to
reward innovations or improvements by individual employees or
employee teams that enhance the quality of work or productivity or as
a part of employee development programs of their agency or institution.
Awards shall be limited to $50.00 for each individual and to 10% of the
total employees of the agency.
14K.32. (Agency Head Salary Process) The Agency Head Salary
Commission may approve studies of individual agency head positions.
When an agency head's salary range is increased as a result of an
approved study, the Agency Head Salary Commission may recommend
to the Budget and Control Board a salary increase deemed appropriate
based on the study. The new salary shall be increased to at least the
minimum of the new salary range and shall not exceed the maximum of
the new salary range. In extraordinary circumstances such as pay
inequities, the Agency Head Salary Commission may recommend to the
Budget and Control Board an individual salary increase. The funding
for such purposes shall come from resources within the individual
agency.
14P.5. (Retirement Incentive) Pursuant to Section 59-103-15, any
governing body, state agency, school district or political subdivision
participating in the South Carolina Retirement System or the Police
Officers Retirement System may elect to offer a one-time lump sum
payment of 25% of the employee's budgeted base salary or $7,500
whichever is greater at the time of retirement. The governing body, state
agency, school district or political subdivision must adopt a resolution
wherein the employer agrees to be liable for funding any costs
associated with the retirement incentive. Eligible employees must make
a voluntary but irrevocable election no earlier than August 1, 1993 and
no later than November 1, 1993 to retire from their permanent positions.
The date of retirement can be no later than July 1, 1994. The lump sum
payment must be made by the end of the fiscal year quarter following
the fiscal year quarter during which the employee retires. Employees
who occupy slotted positions and who meet one of the following criteria
are eligible for the one-time lump sum incentive: 1) have established or
will have established 30 years of service credit with the South Carolina
Retirement System or have attained or will have attained the age of 65;
2) have established or will have established 25 years of service credit or
is age or will be age 55 with 5 years of credited service with the Police
Officers Retirement System; 3) have attained age 60 (reduced 5%
penalty for each year of age under 65); 4) have attained age 55 and have
established or will have established 25 years of service credit with the
South Carolina Retirement System (reduced 4% for each year of service
under 30). All savings derived from the retirement incentive may be
retained and carried forward by the governing body, state agency, school
district or political subdivision. The bonus shall not be included in the
average final compensation for purposes of calculating the amount of the
retirement annuity with the South Carolina Retirement System. Any
eligible person who is employed under contract and who makes the
voluntary retirement decision during the election period and who
subsequently breaks the contract in order to retire shall become
ineligible for the retirement incentive payment. All employers
participating in the retirement incentive program must report the costs
and savings associated with the program for a time period and in a
format specified by the Budget and Control Board.
14P.6. (Carry Forward for Management Study) Unexpended funds
from the prior fiscal year in the amount of $100,000 may be carried
forward and expended in the current fiscal year for the purpose of
conducting a management study of the Division.
15.19. (Greenville Higher Education Center Rent) Of the funds
appropriated to higher education, $337,694 will be allocated to
Greenville Technical College to pay the annual rent for the Greenville
Higher Education Center.
15.20. (Property Disposal) The governing body for each technical
college, public college and university shall review the property titled in
the name of its institution to determine if such property is excess to the
institution's anticipated needs and is available for disposal. All
properties determined to be excess may be disposed of with the approval
of the Budget and Control Board. The proceeds of such sales are to be
disposed of as follows: If the property was acquired as a gift, through
tuition student fees, county funds, or earned income the proceeds may
be retained by the selling institution for use in accord with established
needs. The proceeds acquired from the sale of property acquired
through unique State appropriations, State Capital Improvement Bonds,
or formula funds are to revert to the State's General Fund. The
responsibility for providing any necessary documentation including but
not limited to documenting the fund source of any property proposed for
sale rests with each respective institution.
15.21. (Out-of-State Subsidy) For the current fiscal year, the
Commission on Higher Education shall decrease the percentage of state
subsidy, as reflected in the Higher Education Formula, by 10% for out-of-state undergraduate students. The same institutions, having realized
a decrease in undergraduate subsidy, shall receive a percentage increase,
not to exceed a total state subsidy of 100% for in-state undergraduate
students. For FY 93-94 any institution being adversely affected by this
change in formula allocation shall be held harmless.
15.22. (SREB Funding) The additional general funds appropriated
to the Commission on Higher Education above the adjusted FY 92-93
base (after mid-year reductions) shall be budgeted and expended as
follows:
II. Service Programs
Special Items
SREB Cont Prg Scholarships $59,671
SREB Fees and Assessments 4,455
15.23. In considering the comprehensive funding needs of the
various institutions of higher learning, the General Assembly has taken
cognizance of the decisions of federal courts in various jurisdictions
which have held that single-gender institutions of higher learning
provide valuable and unique educational opportunities and are
constitutionally permissible based on legitimate public policy
considerations which justify single-gender education.
Studies conducted by several scholars have concluded that for a
variety of reasons single-gender institutions have advantages over
coeducational institutions in numerous areas, and the data developed
suggests that the differences between a single-gender student population
and a coeducational one justify a state's offering single-gender
education.
A state nevertheless must appropriate its available funds so as to
provide constitutionally permissible single-gender opportunities in
higher education based on public policy considerations governing the
expenditure of funds in support of higher education which justify single-gender classifications as being in the best interests of the providing state.
The General Assembly, by this proviso, declares and stipulates that
the public policy considerations and state interests of South Carolina in
establishing, supporting, and providing for single-gender institutions of
higher learning are as follows:
A. Policy of Diversity.
South Carolina believes that its institutions of higher learning should
be diverse as to size, competitiveness, program emphasis, student
population, and location so as to provide students with a variety of
academic opportunities and experiences. In compliance with this policy
of diversity, South Carolina has established a variety of diverse
educational post-secondary institutions ranging from small colleges to
large regional universities, from liberal arts programs to specific
research-based programs, from two-year institutions to four-year
institutions with no graduate programs and to four-year institutions with
comprehensive graduate and professional schools. In this context, a
policy of diversity should include places for single-gender institutions
within the overall higher education system of this State. The single-gender institutions this State has supported over the years have been as
a result of the legitimate state interest and desire for diversity in its
educational institutions, and a belief that a diverse state program that
includes both single-gender programs and coeducational programs better
meets the individual needs of students than does a program or policy that
requires all students, without regard to individual needs, to attend
coeducational colleges.
B. Policy of Meeting Need and Demand.
A need for single-gender educational programs exists in South
Carolina in the opinion of its citizens, and a public demand for them
continues. The citizens of South Carolina want these programs and the
public interest is well served by them. A tremendous demand exists now
and has historically existed for the type of single-gender opportunities
the State has offered. It may be true that this demand is somewhat
unique to South Carolina and other similar states and does not
necessarily exist throughout the country but, nevertheless, where
sufficient demand has existed for particular single-gender programs of
either gender thereby justifying the expenditure of public funds to
support such programs, the State of South Carolina has supported such
programs and has a valid state interest in doing so. The current single-gender situations in South Carolina are popular, fully-subscribed, and
flourishing and clearly the State has a legitimate public policy interest
in offering and providing the types of educational experiences, including
single-gender ones, that its taxpayers and citizens desire and support. In
addition, where a single-gender institution produces graduates of a
particular discipline, training, or expertise, and the record shows that this
type of training could not be as successfully developed at a
coeducational institution, a legitimate and important state interest is
served if the State through its agencies and programs or the nation
through its agencies and programs utilizes these graduates for
compelling state or national needs.
C. Policy of Autonomy.
In the system of higher education in place in South Carolina, each
institution of higher learning is governed by a board of trustees which
governs the institution subject to the general law and in conjunction with
the Commission on Higher Education. The General Assembly has
directed the Commission on Higher Education and the state's institutions
of higher learning to seek to create an environment in which each
institution can pursue its own mission within the broader statewide
framework.
The missions of South Carolina's sixty-two public and independent
post-secondary institutions vary widely. Research universities offer
degree programs through the doctoral level and professional programs
consistent with their respective missions. In addition, their missions
emphasize funded research and public service activities that complement
academic programs. Within the context of their variety of roles and
missions, senior colleges offer a broad range of degree programs
including graduate programs at the master's degree level in selected
fields as well as public service and research programs. This
comprehensive system as a matter of public policy should include an
institution's right to choose to offer a single-gender program if sufficient
demand for such a program exists and if the program fits within the
broad framework of the overall state educational system.
The General Assembly as part of its stated public policy of allowing
each institution the autonomy within certain guidelines to develop
individualized mission statements and programs has therefore
determined that it is consistent with its stated policy of institutional
autonomy for an institution to offer a single-gender opportunity
accomplished through the enactment of such vehicles as specific
admission requirements based on gender or other similar requirements.
D. Policy of Economy of Resources.
The resources of the State of South Carolina available for higher
education are becoming more and more scarce, and it is mandatory and
a compelling public policy and state interest that the available resources
and funding for each institution of higher learning be used in the most
efficient and effective manner possible.
Studies have shown that single-gender programs provide a diversity
of choice for the individual and varying needs of students in the most
efficient, economical, and prudent manner possible and with the
maximum utilization of the resources and assets of the State. This is true
because single-gender programs avoid the duplication and additional
expense that would be incurred if an attempt was made to offer the
unique characteristics of a single-gender program at a coeducational
institution. A single-gender institution can deliver some specific
programs including those with holistic or adversarial characteristics at
less cost than can a coeducational institution and the State has a
legitimate public policy interest in providing these types of programs at
the least possible cost. Also, consistent with its policy of providing
single-gender educational opportunities for the reasons enumerated
herein, the State of South Carolina has found that the physical plant of
a single-gender institution must have certain characteristics different
from those of a coeducational institution for the purpose of ensuring
privacy, safety, and for other such considerations. To attempt to
construct or adapt the physical plant of a single-gender institution for the
purpose of making it suitable for coeducation would be prohibitively
expensive.
Consequently, given the fiscal situation in South Carolina and given
the competing demands on its scarce resources, it is in the best interest
of the State and a prudent public policy for single-gender institutions to
be part of this state's higher education system so that unique programs
may be offered to interested students in the most economical and
efficient manner possible without unnecessary duplication and additional
expense.
E. Policy of Choice.
Single-gender institutions and their programs provide a freedom of
choice to students and their families, and the General Assembly believes
as a matter of public policy that this is a freedom for individual choice
that does not need to be destroyed. Ample choices and opportunities for
college educations in mixed-gender coeducational environments exist in
South Carolina and in other states and those individuals desiring a
single-gender choice should also have the opportunity to make such a
choice. Single-gender institutions are not inherently unconstitutional or
unlawful, and the General Assembly believes that as a matter of public
policy it has a duty to offer its citizens the widest range of educational
opportunities it can offer in the manner allowed by law, including
single-gender opportunities, so that interested students are free to choose
an institution which, due to its distinctive educational methods, is not
diminished or impaired as a result of a coeducational requirement; and
For the reasons and policies above provided, South Carolina has
historically supported and continues to support single-gender
educational institutions as a matter of public policy based on legitimate
state interests where sufficient demand has existed for particular single-gender programs thereby justifying the expenditure of public funds to
support such programs.
Presently in South Carolina single-gender educational opportunities
exist for men at The Citadel, but do not exist for women in all areas and
the members of the General Assembly, by this proviso, express their
belief that it is appropriate for this State to begin the process of
providing single-gender educational opportunities for women.
23.8. (Child Development Centers-Indirect Cost Partial Waiver)
The University of South Carolina, Columbia, Lancaster, Spartanburg,
and Union Campuses shall be allowed to apply a 5% indirect cost rate
to their four early childhood education centers supported by the SC
Health and Human Services Block Grant for FY 93-94.
23.9. (Indirect Cost Recovery Waiver for Summer Food Service
Program) The University of South Carolina is granted partial waiver of
the remittance of indirect cost recoveries for the Summer Food Service
Program supported by the Federal Department of Agriculture through
the Department of Social Services. The waiver may not exceed the
amount of direct administrative cost for the program.
25.9. (Transfer of Earned Revenue) The Medical University of
South Carolina must remit $112,482,776 of earned revenue to the
General Fund for the current fiscal year.
25.10. (AHEC Rural and Managed Care Programs) Of the funds
appropriated herein for Family Practice Residency Programs, $200,000
of these funds shall be used to encourage family practitioners to provide
services to rural county medicaid clients and to encourage AHEC
"managed care centers" in rural areas. Presently funded
Physicians shall not be affected by this proviso.
25.11. (MUSC Pool Fund) Of the funds appropriated herein for the
Medical University of South Carolina - Hospital, $32,070,000 is
appropriated for the MUSC Pool Fund.
27.5. (Special Schools) Of the funds allocated to the local technical
colleges through the Higher Education Formula, the State Board may
allocate up to $3,000,000 to the Special Schools Program to meet the
needs of expanded industrial commitments of the State.
28.78. (School Bus Program) For Fiscal Year 1993-94, the School
Bus Program within the Department of Public Transportation shall be
administered by the State Department of Education. By December 1,
1993, the Director of the Department of Public Transportation and the
State Superintendent of Education shall present a plan to the General
Assembly providing for the transfer of the administration of the School
Bus Program to the Department of Public Transportation.
28.79. (Exit Exam Alternatives) Funds appropriated to administer
the Basic Skills Assessment Program (BSAP) must be used to develop
alternatives to the written portion of the Exit Exam for students who
have English as a second language. Until such alternative is developed,
any qualifying students shall be waived from the requirements of that
portion of the Exit Exam should they make application for such waiver
during the current fiscal year.
28.81. (Clemson PSA Allocation - Ag Teacher and Other) Of the
federal funds authorized pursuant to the South Carolina Three-Year
State Plan for Vocational- Technical Education under the Carl D.
Perkins Vocational and Applied Technology and Education Act, Title
II, Part B, $118,000 must be allocated to Clemson PSA for agricultural
teacher education and other services as provided for in Part B.
28.82. (Continuous Assessment) Of the funds appropriated under
subsection V, Division of Policy, the Department of Education is
authorized to use funds currently allocated for testing in grades 1,2 and
6 to develop and pilot-test a continuous assessment system for
Kindergarten through grade 3 and for piloting new items for the state
assessment system. The progress in the development and piloting of the
continuous assessment system must be reported to the Senate Education
and House Education Committees no later than March 1, 1994.
Notwithstanding any other provision of law, for the 1993-94 school year
the basic skills assessment tests will not be administered in grades 1 and
2; and only the Basic Skills science and writing tests will be
administered in grade 6.
28.83. (Designate FY 94 Allocation) The additional general funds
of $39,392,568 appropriated to the Department of Education above the
FY 1992-93 adjusted base (after mid-year reductions) must be budgeted
and expended by the Department as follows:
1. $31,711,899 EFA - To be distributed to school local districts in
accordance with the EFA formula.
2. $1,763,669 General Fund - Employer Contributions - Aid to
School Districts.
3. $8,100,000 General Fund - Non-recurring appropriations for Aid
to School Districts, Employer Contributions.
4. $2,000,000 General Fund - Non-recurring appropriations for
School Buses.
5. $90,000 General Fund - Governor's School for Science and Math. 28.84. (Transfer of Appropriations) Of general funds appropriated,
the Department of Education must transfer $250,000 to a line item to be
entitled Governor's School for the Arts and $30,000 to the Governor's
School for Science and Math. The funds transferred shall be from the
program(s) and line item(s) within the Department of Education's budget
designated for use by the Superintendent in the administration of the
Department which have historically generated lapsed funds. These
funds must not be transferred from funds appropriated for local school
districts and/or subdivisions, instructional materials or public school
transportation and shall be completed no later than September 1, 1993.
28.85. (Medicaid) Each school district shall participate in the
Medicaid program to the maximum extent possible. Existing funds
currently used to provide health and social services to children that are
replaced or freed up by Medicaid funds will remain available to the
school district to be used to provide health and social services to the
children served by that district.
Both the school districts and the Department of Education must
devote sufficient administrative support to this effort to ensure that all
available Medicaid dollars are earned. To this end, the Department of
Education shall contract for the implementation and management of
Medicaid to include monitoring and the training of school district staff.
School districts are urged to develop and/or use consortiums to perform
any or all of the administrative functions required for Medicaid. Federal
Medicaid dollars are available as match to pay fifty percent of the costs
for Medicaid administration.
A working group, comprised of staff from the Department of
Education, the State Health and Human Services Finance Commission,
and school district staff involved in the Medicaid program, shall be
established to address difficulties encountered in participating in the
program, coordinate efforts, and simplify the system as much as
possible.
28.86 (School Bond Funding) After July 1, 1996, school districts
issuing capital bonds in accordance with Article X, Section 14(7) (a) of
the South Carolina Constitution shall not recall bonds prior to maturity
date and reissue bonds if the combination of the actions cause local tax
millage, designated for capital purposes, to increase by more than 12%.
28.87. Of the funds appropriated to the Department of Education,
$25,000 may be used as dues for the Southern Center for International
Studies.
28A.68. (EIA - Target 2000 Arts in Education) Funds appropriated
under item L of Subsection XVII, EIA New Initiatives, Arts Curricula,
shall be used to assist districts that have not received funding for arts
education during the four year pilot program; to sustain arts education
initiatives that began during the final year of the pilot program; and to
support arts education curriculum in the visual and performing arts
which incorporates strengths from the Arts in Education pilot sites.
28A.69. (EIA - Partnership) The Business-Education Partnership
shall only use the funds appropriated under the EIA for contracting for
staff support and other expenses directly related to its operation set forth
by the Statute.
28A.70. (EIA - Critical Teacher Needs) Funds appropriated for
EIA-Critical Teacher needs must be used for courses which support
instructional techniques and strategies in keeping with the intent of
Section 31 of Division IV of this act, the Middle Schools Project, the
Preparation for Technologies Program, Curriculum Frameworks, or need
established in the school improvement plan.
28A.71. (EIA Distribution of Funds) The EIA line items are
adjusted as follows:
B. Basic Skills
Aid to Subdivisions
Four Year Olds $2,259,514
Remedial $2,061,301
Child Development ($1,764,773)
C. Teaching Profession
Aid to Subdivisions
Teacher Inservice ($1,400,000)
Innovative Grants ($ 720,000)
Science Teacher
Evaluation ($ 75,000)
Campus Incentive Program ($4,291,793)
Professional Development $1,475,000
L. New Initiatives
Aid to Subdivisions
Oral Exam ($ 39,055)
M. New Initiatives - Dropout
Aid to Subdivisions
Dropout Prevention ($1,000,000)
N. New Initiatives - Parenting
Aid to Subdivisions
Parent Support $3,203,886
P. New Initiatives - School
Flexibility
Aid to Subdivisions
School Flexibility ($ 419,421)
Q. Business Education
Partnership $ 108,189
Total Adjustment ($602,152)
28A.72. Not withstanding any other provision of law, Education
Improvement Act compensation rates to school districts shall be $412.10
for Compensatory, $180.60 for Remedial, and $475.50 for Gifted and
Talented for FY93-94.
29.9. (Digital Satellite) The state's digital satellite video
transmission system will support public and higher education, enhance
the statewide delivery of health care services, improve public service,
and assist state agencies with statewide personnel training. To facilitate
the achievement of these objectives, there is created a Video Resources
Oversight Council composed of representatives of the South Carolina
Educational Television Commission, the State Department of Education,
the Commission on Higher Education, the Human Services Coordinating
Council, and the Budget and Control Board's Division of Research and
Statistical Services, Office of Information Technology Policy and
Management. The Council shall report an assessment with any
recommendation to the House Ways and Means Committee and the
Senate Finance Committee no later than January 31, 1994.
29.10. (Alternate Fuels Program) The Department of Education shall
have the authority to participate in a Clean fuels demonstration project
supported by federal, State and private funds. The Department of
Education shall be allowed to expend appropriated funds to support a
maximum of four (4) Department school vehicles for the specific
purposes of this project.
33.6. (Technical Assistance and Review Fees) Department of
Archives and History is authorized to charge a fee of $35 for providing
technical assistance in repairing and rehabilitating historically
significant properties. The agency may also charge fees based on the
following fee schedule for investment tax credit reviews for historically
significant properties under the Federal Investment Tax Credit Program
or other programs requiring review of compliance with federal
guidelines.
A fee of $250 is authorized for review of proposed or ongoing
rehabilitation work for all projects. Fees for review of completed
rehabilitation work is based on the dollar amount spent on the
rehabilitation as follows:
FEE SIZE OF REHABILITATION
$ 500 $ 5,000 to $ 99,999
$ 800 $ 100,000 to $499,999
$1,500 $ 500,000 to $999,999 $2,500 $1,000,000 or more
If a review of proposed or ongoing rehabilitation work has been made
prior to submission of the Request for Certification of Completed Work,
the Department will deduct the $250 from the total owed for review of
completed rehabilitation work. In general, each rehabilitation of a
certified historic structure will be considered a separate project when
computing the amount of the fee.
Revenues from these fees will be retained,
carried forward and used by this department for Historic Preservation
programs assisting historic properties throughout South Carolina.
35.4. (Exempt Across the Board Reduction) In the calculation of
any across-the-board cut mandated by the Budget and Control Board or
General Assembly, the amount which the State Library pays to South
Carolina Heritage Associates for rent in the Mt. Vernon Mill shall be
excluded from the State Library's base budget.
35.5. The additional appropriation of $275,516 for the State Library
must be used to increase the per capita allocation for Aid to County
Libraries from 92 cents to $1.00 for fiscal year 1993-94.
39.39. An additional appropriation of $224,484 for the Department
of Health and Environmental Control must be used to provide outreach
and services to prevent teenage pregnancy, to provide voluntary
sterilization, and to provide Norplant.
39.40. (Infectious Waste Contingency Fund) The Department of
Health and Environmental Control is authorized to use not more than
$75,000 from the Infectious Waste Contingency Fund per year for
personnel and operating expenses to implement the Infectious Waste
Act.
39.41. (Norplant Savings) The Department of Health and
Environmental Control shall provide to the maximum extent possible,
funding for Norplant contraceptive devices and voluntary sterilization
services. Funding is to be derived from savings in the maternity
program.
39.42. (Norplant Devices) The $300,000 increase in Case Services
in Maternal and Child Care funds shall be used to provide Norplant
contraceptive devices or voluntary sterilization services.
39.43. (Nursing Home Medicaid Bed Day Permit) When transfer of
a medicaid patient from a nursing home is necessary due to violations of
state or federal law or medicaid certification requirements, the medicaid
patient day permit shall be transferred with the patient to the receiving
nursing home. The receiving facility shall apply to permanently retain
the medicaid patient day permit within sixty days of receipt of the
patient.
39.44. (Realign Radiological Health Program Budget) In
consultation with the Senate Finance Committee and House Ways and
Means Committee, the Department is authorized to realign its FY 94
appropriation for the Radiological Health program into a revised
structure during the first quarter of the fiscal year to reflect actual
program operations.
39.45. For fiscal year 1993-94, if the balance in the Infectious Waste
Contingency Fund created pursuant to Section 44-93-170 exceeds
$325,000, the excess must be credited to the respective county accounts
in amounts proportionate to each county's share of fees deposited in the
fund. The excess funds credited to the counties must be used for
funding local health care, education, and public service projects.
40.21. (VA Nursing Home) Of the additional funds appropriated
herein for FY 93-94, $770,000 is designated for the Campbell Nursing
Home.
41.10. (Patient Day Fee) The Department may exclude Medicaid
revenue from the Intermediate Care Facilities for the Mentally
Retarded's patient day fee from indirect cost recovery payments.
41.11. (Autistic Services) Of the funds appropriated herein, the
Department is directed to expend not less than $2.4 million for autistic
services.
43.25. (Indirect Cost Rates) The Department is allowed to use all or
a portion of college or university staff time as match for Federally
approved grants for providing training and technical assistance to state
agencies. A maximum indirect cost rate of eight percent will be used for
such grants.
43.26. (Food Stamp Fraud) The state portion of funds recouped from
the collection of recipient claims in the AFDC and Food Stamp
programs shall be retained by the Department. A portion of these funds
shall be distributed to local county offices for emergency and program
operations. The remaining funds will be used by the Department to fund
our Food Stamp Reinvestment Plan and other program operations.
43.27. (Day Care Centers) The Department shall continue the direct
operation of day care centers in Colleton and Charleston counties as
long as the centers operate solely on revenues generated from fees or
vouchers and without a subsidy from state funds appropriated to the
Department.
43.28. (AFDC Assistance Payments) Of the additional funds
appropriated herein for FY 93-94, $6,000,000 is designated for AFDC
Assistance Payments.
43.29. (Communi-I-Care) Of the funds appropriated herein, $75,000
is designated for the Commun-I-Care voluntary health care network.
43.30. (Transfer of funds for Child Abuse and Neglect Cases) Of the
funds appropriated herein and the FTEs added in Proviso 129.75,
$209,202 is designated to fund new positions to be created for enforcing
the child abuse and neglect cases as provided in Section 20-7-110.
43.31. The Department shall require all AFDC applicants and/or
recipients to provide proof of age appropriate immunizations for
children. If such immunizations have not been administered, the
Department shall assist in referring applicants to appropriate county
health departments to obtain the immunizations.
48.5. Provided, notwithstanding any other provision of law, any
person required to take and pass the Education Entrance Examination,
pursuant to Section 59-26-20(e)(2), who fails to achieve a passing score
after three or more attempts shall be allowed to retake the test upon
petitioning the State Superintendent of Education and the Chair of the
State Board of Education and submitting evidence of a remediation
effort since the prior taking of the test.
49.3. (Budget Restructure) In consultation with the Senate Finance
Committee and the House Ways and Means Committee, the Human
Affairs Commission is authorized to realign its Fiscal Year 1993-94
appropriations into a revised structure during the first quarter of the
fiscal year to reflect actual program operations.
49.4. (Training Revenue) Revenue derived from fees charged by
the Commission for consultative services, such as training, community
relations and technical services, shall be deposited in the General Fund.
53.3. (Comprehensive Community Control Center Reporting) The
Department is directed to compile a report on the status of the
Comprehensive Community Control Centers. The report should include,
but not be limited to, information on the number of offenders diverted
from the penal system with an estimated cost-savings to the State. The
report should be submitted to the General Assembly by April 1, 1994.
54.11. (Revenues Generated) All revenues generated from USDA
federal grants, the Education Finance Act (EFA), the Detention Center,
and Medicaid federal funding may be retained, carried forward into
current fiscal year, and expended by the Department of Youth Services,
in accordance with applicable regulations, for the costs associated with
these programs.
64.3 (Coastal Council Special Permits) Notwithstanding any other
provisions of law or Rule and Regulation where the State of South
Carolina is exposed to compensation requirements of the Constitutions,
the Council is hereby authorized to issue special permits pursuant to
Section 48-39-290(D) for habitable structures not to be larger than 5,000
square feet of heated space.
66.8 Of the admission tax funds carried forward into FY 1993-94, the
Department may allocate $300,000 to perform necessary repairs to
Charlestowne Landing.
66.9. Of the Admissions tax funds carried forward into FY 93-94,
$1,000,000 must be transferred to the Department of Education for the
Education Finance Act, $1,000,000 to the Department of Education for
School Buses and $2,000,000 to the Colleges and Universities for
formula distribution. These transfers are one-time transfers and do not
recur in succeeding years.
66.10. Of the Admissions tax funds carried forward into FY 93-94,
$745,028 must be transferred to the Department of Corrections for the
Trenton Youth Facility.
75.8. (Physical Abuse Examinations) Of the funds appropriated in
this section for Victims' Rights, up to $60,000 may be expended for
physical abuse examinations.
75.9. (Transfer Crime Victims Fund to Governor's Office - OEPP)
The appropriation for Program II, Crime Victims Fund and 22.0 FTEs
under this section are hereby transferred to Section 5C, Governor's
Office-Executive Policy and Programs.
78.4. (Special Financial Investigations) Notwithstanding the
limitations in this Act as to reimbursements received by the Department
for examiners' travel expenses found in Section 78.3., those travel
expenses incurred by the Department's examiners in connection with
special, targeted and limited scope examinations of insurers called by the
Commissioner for the protection of policyholders in this State, may be
reimbursed by the insurance company and deposited by the Department
in a special Comptroller General's account for crediting travel
reimbursements. Funds credited to this account may not be used by the
Department for ordinary operating purposes, but may only be used to
reimburse examiners' travel expenses for special, targeted and limited
scope examinations. Any account balance at the close of the fiscal year
must be remitted to the General Fund of the State.
82.12. Whenever a professional designation or license is a
legislatively mandated requirement for employment by the Tax
Commission, the Commission shall be responsible for the annual cost to
maintain that required designation or license and provide for
examination cost associated with such designation or license if not
outside his/her normal duties.
84.1. (Receive Lobbyist Registration Fees) The Ethics Commission
is authorized to receive and expend lobbyist registration fees from the
Secretary of State for the current fiscal year for start-up costs related to
"the Ethics, Government Accountability, and Campaign Reform
Act of 1991.
122A.1. (Aid to Planning Districts Formula) Fifty (50%) percent of
the amount appropriated in this section for "Aid to Planning
Districts" shall be divided equally among the ten districts, the
remaining fifty (50%) percent to be allocated in proportion to the
population of each district according to the official United States Census
for 1990.
122A.2. (Planning District Expenditure Plan) Each planning district
shall, prior to receipt of funds, submit a plan for the expenditure of funds
appropriated in this section to the Budget and Control Board. Within
ninety (90) days following the end of the fiscal year, each district shall
submit to the Budget and Control Board a copy of an audit of funds
appropriated in this section, to be performed by an independent Certified
Public Accountant.
122A.3. (Planning District Allocation) The State Treasurer shall
remit to each planning district its share upon approval by the State
Budget Division.
122A.4. (Defense of Indigents Formula) The amount appropriated
in this section for "Defense of Indigents" shall be
apportioned among counties in accord with Section 17-3-10, 1976 Code,
but on a per capita basis and based on the official United States Census
for 1990. The level of contribution of each county as of July 1, 1992,
must be maintained. No county shall be permitted to contribute less
money than the amount the county contributed as of July 1, 1992.
Within the amount of money established for indigent defense services
by the collection of five percent surcharges on criminal fines and public
defender application fees, the State shall set aside at least two million
dollars annually exclusively for use of the defense in capital cases
pursuant to Section 16-3-26 of the 1976 Code, and for the expenses of
the operation of the Office of Indigent Defense. At the end of each year
any leftover funds shall carryover to the next year. All applications for
the payment of fees and expenses in capital cases shall be applied for
from this fund which shall be administered by the Office of Indigent
Services.
122A.5. (Allocation Formula - Annexed County) Where a portion
of one county is annexed to another county, the total amount allocated
to the two counties shall not exceed the total which would be allocated
to the two counties separately. However, the population of the annexed
areas shall be taken into consideration in determining the proportionate
share of the total allocation due to each county.
124.28. (Boat Landing and Fishing Pier) Of funds appropriated for
the Breech Inlet bridge, $100,000 shall be transferred to the Department
of Wildlife and Marine Resources to construct a boat landing and fishing
pier on the Cooper River at the Virginia Avenue Park.
124.29. (Special Events) The Highway Patrol must not charge any
fee associated with special events for maintaining traffic control and
ensuring safety on South Carolina public roads and highways unless
approved by the General Assembly.
124.30. (Croson Decision Disparity Study) The Department of
Highways and Public Transportation shall have a study performed to
determine if a significant statistical disparity exists between the number
of available qualified minority and women-owned contractors willing
and able to perform highway/bridge pre-construction, construction,
building construction and renovation and the number of such contractors
actually engaged by the Department or contractors working for the
Department. The study shall be completed and submitted to the General
Assembly by April 15, 1994.
129.68. (Welfare Dependency Plan) The agencies listed below are
directed to develop one plan to reform welfare by maximizing strategies
to reduce welfare dependence. Welfare is defined as public assistance
payments or services provided by Aid to Families with Dependent
Children (AFDC), Medicaid, Food Stamps and Housing assistance. This
plan shall be submitted to the Governor, Chairman of Ways and Means
and Chairman of Senate Finance by November 30, 1993 and must, at a
minimum, address the following:
1. Agency missions and objectives for economic self sufficiency.
2. Delineation of the magnitude of the problem of dependence in
terms of dollars presently spent and the projected amount to be spent
five years from now.
3. Descriptive statistics on the clients who are prone to long-term
dependency and the services needed to address this problem.
4. Mechanisms, including but not limited to contractual
arrangements for child support enforcement functions, public/private
partnerships and consolidation of current work support and job training
efforts, which maximize existing state and federal dollars.
5. Cost benefit, in terms of state, federal and other funds, output
and outcome data which measure the effectiveness of the plan.
6. Other state welfare reform efforts, including federal waivers, to
decrease the degree of dependency.
7. Innovative local and community based efforts which better
coordinate services.
8. Evaluation and assessment components which indicate how well
the plan will work.
Agencies designated to participate in the development of this plan
include the State Department of Education, State Health and Human
Services Finance Commission, Department of Mental Health,
Department of Social Services, Employment Security Commission,
Department of Vocational Rehabilitation, Department of Health and
Environmental Control, Commission on Alcohol and Drug Abuse,
Housing Finance and Development Authority and the State Board for
Technical and Comprehensive Education. These agencies must
designate managerial responsibility and identify the lines of authority for
interagency cooperation and development of this plan.
129.69. (Temporary Cash Loan) The Budget and Control Board's
Budget Division is hereby authorized to transfer a temporary cash loan,
as may be needed, to any POLA agency for start-up purposes as an
Other Funded agency for FY 93-94 from funds which the Division
manages in Section 17. Such funds are to be repaid by POLA agencies
as soon as practical, but in no circumstances later than December 31,
1993.
129.70. (Carry Forward) Each agency shall be authorized to carry
forward unspent general fund appropriations from the current fiscal year
into the next fiscal year, up to a maximum of 5% of its original general
fund appropriations less any appropriation reductions for the current
fiscal year. Agencies shall not withhold services in order to carry
forward general funds.
This provision is suspended if necessary to avoid a fiscal year-end
general fund deficit. For purposes of this proviso, the amount of the
general fund surplus/deficit shall be considered after all appropriations
from the Capital Reserve Fund have been allowed and before any
transfers from the General Reserve. The amount of general funds
needed to avoid a year-end deficit shall be reduced proportionately from
each agency's carry forward amount.
This provision does not apply to agencies which have separate carry
forward authority. Any funds that are carried forward as a result of this
provision are not considered part of the base of appropriations for any
succeeding years.
129.71. (A) As much as may be needed of general fund operating
surplus for fiscal year 1992-93 must be transferred to restore fully the
General Reserve Fund before the close of fiscal month thirteen of the
1992-93 fiscal year.
(B) If any fiscal year 1992-93 general fund operating surplus remains
after the restoration provided in subsection (A), the following sums are
appropriated from surplus in order of priority with any priority not fully
funded receiving whatever partial funding that may be available:
(1) the first $4,000,000 to the Department of Corrections;
(2) the next $12,000,000 split evenly between the Department of
Corrections and the Commission on Higher Education for formula
distribution to the institutions of higher education;
(3) the next $24,000,000 to the Commission on Higher Education
for formula distribution to the institutions of higher education.
129.72 Notwithstanding any other requirements, mandates or other
provisions of law or of this act to the contrary, during fiscal year 1993-94 no agency shall provide the General Assembly with a hard copy of
any publication, report or other document required to be provided to the
General Assembly. Any such transmission shall be made by electronic
medium in such format and form and in accordance with such technical
standards as may be established by the Office of Legislative Printing and
Information Technology Resources (LPITR). LPITR shall make any
such information transmitted available through its network except for
those documents or portions of documents it deems necessary or more
efficient to produce in hard copy form. The provisions of this proviso
do not apply to reports of the Legislative Audit Council and to
compliance review reports of the State Reorganization Commission.
129.73. (Capital Gains Delay) Notwithstanding the provisions of
Section 12-7-437 of the 1976 Code, the provisions of Section 12-7-437(A)(3) are applicable for tax years beginning after 1993. 129.74. (Limit Constitutional Officers Salary Increases FY 94) The
provisions of Section 1-1-1210 of the 1976 South Carolina Code of
Laws as amended, are suspended for Fiscal Year 1993-94.
129.75. (New FTE) The following FTE headcount changes are
authorized for FY 94:
-Sect. 3A Senate
+7.0 State
-Sect. 5C Gov. Office - OEPP
-2.0 Federal
-Sect 10A. Prosecution Coordination Commission
+.25 State
-Sect. 11 Commission on Appellate Defense
+3.0 Other
-Sect. 15 Higher Education Commission
+2 State
+1 Federal
-Sect. 18 Clemson University
+75.87 Federal
-13.85 Other
-Sect. 19 College of Charleston
+27.15 Other
-Sect. 22 USC - Columbia
-5.32 State
+1.19 Federal
+4.48 Other
-Sect. 23A USC - Medical School
+2.81 State
-2.08 Federal
-1.37 Other
-Sect. 23C USC - Aiken
+1.33 State
+0.06 Federal
+3.00 Other -Sect. 23E USC -
Spartanburg
+1.17 State
+0.75 Federal
+0.13 Other
-Sect. 23F USC - Beaufort
+0.79 State
-0.22 Federal
+0.51 Other
-Sect. 23G USC - Lancaster
+0.08 Federal
-0.50 Other
-Sect. 23H USC - Salkehatchie
-0.96 State
+0.22 Federal
-5.47 Other
-Sect. 23I USC - Sumter
+0.25 State
+1.02 Other
-Sect. 23J USC - Union
-0.07 State
-1.80 Other
-Sect. 24 Winthrop University
+1.00
-Sect. 25A Medical University of South Carolina
+0.15 State
+101.52 Federal
+157.57 Other
-Sect. 25B Medical University Hospital
-18.00 Federal
+340.19 Other
-Sect. 25C Cons. of Community Teaching Hospitals
-0.15 State
-1.78 Federal
-Sect. 26 Advisory Council Vocational and Technical Education
-2 State
-2 Federal
-Sect. 27 Tech & Comprehensive Board
+413.00 Other
-Sect. 33 Dept. of Archives and History
-3.00 State
+3.00 Federal
-Sect. 38A Health & Human Services Finance
Commission
-4.0 State
+4.0 Federal
-Sect. 39 DHEC
+13.0 State
+62.0 Other
-Sect. 40 Mental Health
-55.0 State
-2.0 Other
-Sect. 41 Mental Retardation
+55.0 State
+2.0 Other
-Sect. 43 DSS
+9.0 State
+18.0 Other
-Sect. 47 Aging Commission
+4.0 Federal
-Sect. 48 State Housing Authority
-8.0 State
+8.0 Other
-Sect.51A The State Commission for Minority Affairs
+1.00 State
-Sect. 52 Dept. of Corrections
+191.0 State
+7.0 Other
-Sect. 53 Probation, Parole & Pardon
Services Board
+36.0 State
+88.0 Other
-Sect. 58 Land Resources (Landscape
Architects)
-.85 State
+.85 Other
-Sect. 66 PRT
+26.0 State
-26.0 Other
-Sect. 79A Financial Institutions Board
(Administration Division)
+1.0 Other
-Sect. 79B Financial Institutions Board
(Examining Division)
-25.0 State
+25.0 Other
-Sect. 79C Financial Institutions Board
(Consumer Finance Division)
-9.5 State
+9.5 Other
-Sect. 86 Board of Accountancy
-5.0 State
+5.0 Other
-Sect. 87 Board of Architectural Examiners
-4.75 State
+4.75 Other
-Sect. 88 Auctioneer's Commission
-3.0 State
+3.0 Other
-Sect. 89 Board of Barber Examiners
-5.0 State
+5.0 Other
-Sect. 92 Board of Chiropractic Examiners
-1.0 State
+1.75 Other
-Sect. 93 Contractors Licensing Board
-10.0 State
+10.0 Other
-Sect. 94 Board of Cosmetology
-13.0 State
+13.0 Other
-Sect. 95 Board of Dentistry
-5.0 State
+6.0 Other
-Sect. 96 Board of Engineers & Land
Surveyors
-10.0 State
+12.0 Other
-Sect. 97 Board of Certification of
Environmental Systems Operators
-6.0 State
+8.0 Other
-Sect. 98 Board of Registration for
Foresters
-.50 State
-Sect. 99 Board of Funeral Service
-1.75 State
+1.75 Other
-Sect. 101 Board of Medical Examiners
-16.24 State
+17.24 Other
-Sect. 102 Board of Nursing
-20.0 State +20.0 Other
-Sect. 103 Board of Examiners for Nursing
Home Administrators
-2.0 State
-Sect. 105 Board of Examiners in Opticianry
-.50 State
-Sect. 106 Board of Examiners in Optometry
-.35 State
+.35 Other
-Sect. 107 Board of Pharmacy
-6.50 State
+7.50 Other
-Sect. 108 Board of Physical Therapy
Examiners
-1.0 State
+2.0 Other
-Sect. 110 Board of Professional Counselors
& Therapists
-1.75 State
+2.00 Other
-Sect. 111 Board of Examiners in Psychology
-1.0 State
+1.0 Other
-Sect. 112 Real Estate Commission
-38.0 State
+39.0 Other (1.0 FTE to
Appraisers' Board)
-Sect. 113 Residential Home Builders
Commission
-27.0 State
+27.0 Other
-Sect. 117A POLA Management Division
+4.0 Other
129.76. (New Positions) Positions identified as new positions in
Part I of Act 501 of 1992 are not considered new positions for Fiscal
Year 1993-94. The positions established through the Joint Personal
Service, Financing and Budgeting Committee during Fiscal Year 1992-93 are to be continued for Fiscal Year 1993-94.
129.77. (Transfers/Reductions) The Budget and Control Board is
directed to implement the appropriation adjustments contained in this act
pursuant to the adjustment plan approved by the Ways and Means
Committee and the Senate Finance Committee.
129.78. For the purposes of calculating the base revenue estimate,
recurring revenue shall be defined as those sources of revenue, as
defined in Part 1, Section 1, Proviso 1.1, for which funds may be
remitted to the State Treasurer's Office more than one consecutive year.
DIVISION IV
Permanent Provisions
SECTION 1
The Code Commissioner is directed to include all permanent general
laws in this Division in the next edition of the Code of Laws of South
Carolina, 1976, and all supplements to the Code.
SECTION 2
TO AMEND SECTION 51-1-75 OF THE 1976 CODE, RELATING
TO THE ADMISSIONS TAX REVENUES ALLOCATED TO THE
SOUTH CAROLINA DEPARTMENT OF PARKS, RECREATION
AND TOURISM, SO AS TO PROVIDE FOR THE ALLOCATION
TO BE MADE TO THE GENERAL FUND, AND TO PROVIDE
FOR THE APPROPRIATION TO THE DEPARTMENT OF
PARKS, RECREATION AND TOURISM.
A. Section 51-1-75 of the 1976 Code is amended to read:
"Section 51-1-75. (A) The annual revenue derived from
Section 12-21-2420 which exceeds four million dollars for fiscal year
1991-92 and five million dollars for fiscal year 1992-93, subsequent to
the allocation of revenue for use of the commercial fisheries division,
must be allocated to the Department of Parks, Recreation and Tourism.
Beginning with fiscal year 1993-94, the annual revenue derived
from Section 12-21-2420 shall be credited to the General Fund and the
Department of Parks, Recreation and Tourism shall be appropriated the
amount of ten million, six hundred thousand dollars. Fifty percent of the
amount collected in excess of fifteen million, seven hundred thousand
dollars shall also be appropriated to the Department of Parks, Recreation
and Tourism. Beginning with fiscal year 1994-95, and for each year
thereafter, fifty percent of the revenue collected in excess of the prior
fiscal year estimate shall be appropriated to the Department of Parks,
Recreation and Tourism.
(B) The funds allocated to the Department of Parks, Recreation and
Tourism from the revenues collected from admission tax fees in Section
12-21-2420 must be used to advertise and promote the tourism industry
of the State. The advertising and promotion activities must include paid
media advertising and other promotional projects of the department and
establishment by the department of a matching funds program to assist
local tourism promotion organizations in the State. Guidelines for the
programs must be formulated by the department and the Joint
Committee on Tourism and Trade."
B. This section takes effect July 1, 1993.
SECTION 3
TO AMEND SECTION 44-7-130, AS AMENDED, OF THE 1976
CODE, RELATING TO DEFINITIONS IN REGARD TO THE
STATE CERTIFICATION OF NEED AND HEALTH FACILITY
LICENSURE ACT, SO AS TO REVISE CERTAIN DEFINITIONS
IN REGARD TO MENTALLY RETARDED PERSONS; AND BY
ADDING SECTION 44-20-355 SO AS TO IMPOSE A FIVE
DOLLAR A PATIENT DAY FEE IN INTERMEDIATE CARE
FACILITIES FOR THE MENTALLY RETARDED.
A. Section 44-7-130(19) of the 1976 Code is amended to read:
"(19) Habilitation center for the mentally retarded or
persons with related conditions' `Intermediate Care Facility for
the Mentally Retarded' means a facility that serves four or more
mentally retarded persons or persons with related conditions and
provides health or rehabilitative services on a regular basis to individuals
whose mental and physical conditions require services including room,
board, and active treatment for their mental retardation or related
conditions."
B. The 1976 Code is amended by adding:
"Section 44-20-355. The department shall assess and collect
a fee on all Intermediate Care Facilities for the Mentally Retarded, as
defined in Section 44-7-130(19). Providers holding licenses on all such
facilities shall pay to the department a fee equal to five dollars a patient
day in these facilities. The department shall pay all proceeds from the
fee into the general fund of the State."
SECTION 4
TO AMEND THE 1976 CODE BY ADDING SECTION 14-1-213
SO AS TO IMPOSE AN ADDITIONAL SURCHARGE OF FIVE
PERCENT NOT TO EXCEED TWO HUNDRED FIFTY
DOLLARS ON THE FINE IMPOSED FOR SPECIFIED
CRIMINAL OFFENSES; TO CREDIT THE ADDITIONAL
REVENUES TO THE GENERAL FUND OF THE STATE; TO
DESIGNATE SECTIONS 17-3-10 THROUGH 17-3-110 OF THE
1976 CODE AS ARTICLE 1, CHAPTER 3, TITLE 17 ENTITLED
"GENERAL PROVISIONS"; TO AMEND CHAPTER
3 OF TITLE 17, RELATING TO DEFENSE OF INDIGENTS BY
ADDING ARTICLE 3, SO AS TO ESTABLISH THE
COMMISSION ON INDIGENT DEFENSE AND PROVIDE FOR
ITS MEMBERSHIP, POWERS, AND DUTIES AND TO
ESTABLISH THE OFFICE OF INDIGENT DEFENSE; TO
AMEND SECTION 16-3-26, RELATING TO DEFENSE OF
INDIGENTS IN CAPITAL CASES, SO AS TO, AMONG OTHER
THINGS, ESTABLISH MAXIMUM HOURLY RATES AND
MAXIMUM PAYMENTS FOR APPOINTED ATTORNEYS,
EXPERT WITNESSES, AND INVESTIGATIVE ASSISTANCE
AND TO REQUIRE A HEARING ON FEES, COSTS, AND
OTHER EXPENSES AND TO REQUIRE THE SUPREME
COURT TO PROMULGATE GUIDELINES CONCERNING
QUALIFICATIONS NECESSARY TO BE A DEATH PENALTY
QUALIFIED ATTORNEY; TO AMEND SECTION 17-3-30, AS
AMENDED, RELATING TO PERSONS UNABLE TO EMPLOY
COUNSEL, SO AS TO, AMONG OTHER THINGS, IMPOSE AN
APPLICATION FEE FOR PUBLIC DEFENDER SERVICES TO
BE USED EXCLUSIVELY FOR CERTAIN DEFENSE OF
INDIGENTS; TO AMEND SECTION 17-3-50 AND SECTION 17-3-80, AS AMENDED, RELATING TO THE DEFENSE OF
INDIGENTS, SO AS TO, AMONG OTHER THINGS, ESTABLISH
MAXIMUM HOURLY RATES AND MAXIMUM PAYMENTS
FOR APPOINTED ATTORNEYS, EXPERT WITNESSES, AND
INVESTIGATIVE ASSISTANCE, AND TO PROVIDE FOR
FUNCTIONS OF THE OFFICE OF INDIGENT DEFENSE; AND
TO REPEAL SECTION 17-23-70, RELATING TO THE
APPOINTMENT OF COUNSEL IN CAPITAL CASES.
A. The 1976 Code is amended by adding:
"Section 14-1-213. In addition to all other fees, fines, and
court costs, there is imposed a surcharge of five percent of the amount
of the fine up to a maximum of two hundred fifty dollars on every
person who is convicted of, pleads guilty to, or pleads nolo contendere
to an offense in (1) general sessions court, or (2) magistrates' courts or
municipal courts of this State, except for a nonmoving traffic offense.
This fee must not be waived, reduced, or suspended. The clerk of court,
magistrate, or municipal court judge shall collect the surcharges imposed
by this section and remit the proceeds to the State Treasurer on a
monthly basis. The monies collected under the provisions of this
subsection must be deposited to the credit of the general fund of the
State."
B. Sections 17-3-10 through 17-3-110 of the 1976 Code are
designated Article 1, Chapter 3, Title 17 of the 1976 Code entitled
"General Provisions".
C. Chapter 4, Title 17 of the 1976 Code is amended by adding:
"Article 3
Commission on Indigent Defense
Section 17-3-310. (A) There is created the Commission on Indigent
Defense consisting of seven members appointed by the Governor on the
recommendation of the South Carolina Public Defender Association as
follows:
(1) one from each congressional district; and
(2) one from the State at large who shall serve as chairman.
Members shall serve for terms of four years and until their successors
are appointed and qualify except that those first appointed to represent
the first, third, and fifth congressional districts shall serve for a two-year
term. Vacancies must be filled in the manner of original appointment
for the unexpired portion of the term. No person may be appointed to
the commission or, once appointed, may continue to serve on the
commission unless the person is a public defender.
(B) The commission may adopt an appropriate seal and promulgate
regulations consistent with the provisions of this article to govern its
operations and procedures and shall supervise the operations
of the Office of Indigent Defense.
Section 17-3-320. There is created the Commission on Indigent
Defense under the jurisdiction of the commission. The office must be
administered by a chief attorney appointed by the commission together
with such other administrative and clerical staff as the commission
considers necessary. No person may be appointed chief attorney who is
not licensed to practice law in this State. Section 17-3-330. The
Office of Indigent Defense shall:
(1) serve as the entity which distributes all funds appropriated by the
General Assembly for the defense of indigents, including funds allocated
to counties pursuant to formula, funds for the defense of capital cases,
and other funds appropriated for these purposes;
(2) perform those functions provided under Section 16-3-26(G);
(3) serve as a resource for the compilation of accurate statistical data
covering the indigent defense system in this State;
(4) implement other duties the commission may direct; and
(5) report annually to the General Assembly on the indigent defense
system.
Section 17-3-340. All expenses of the Commission on Indigent
Defense and the Office of Indigent Defense must be paid from revenues
derived from fines imposed pursuant to Section 14-1-213 which are not
distributed to counties pursuant to a funding formula provided by
law."
(D) Section 16-3-26 of the 1976 Code is amended to read:
"Section 16-3-26. (A) Whenever the solicitor seeks the death
penalty he shall notify the defense attorney of his intention to seek such
penalty at least thirty days prior to the trial of the case. At the request of
the defense attorney, the defense attorney shall be excused from all other
trial duties ten days prior to the term of court in which the trial is to be
held.
(B) Whenever any person is charged with murder and the death
penalty is sought, the court, upon determining that such person is unable
financially to retain adequate legal counsel, shall appoint two attorneys
to defend such person in the trial of the action. One of the attorneys so
appointed shall have at least five years' experience as a licensed attorney
and at least three years' experience in the actual trial of felony cases, and
only one of the attorneys so appointed shall be the Public Defender or
a member of his staff. In all cases where no conflict exists, the
public defender or member of his staff shall be appointed if qualified. If
a conflict exists, the court shall then turn first to the contract public
defender attorneys, if qualified, before turning to the Office of Indigent
Defense.
Notwithstanding any other provision of law, the court shall order
payment of all fees and costs, not to exceed five thousand
dollars per trial from funds appropriated to the Office of
Indigent Defense for the defense of indigents. Any attorney
appointed shall be compensated at a rate not to exceed fifty dollars per
hour for time expended out of court and seventy-five dollars per hour for
time expended in court. Compensation shall not exceed twenty-five
thousand dollars and shall be paid from funds appropriated to the Office
of Indigent Defense for the defense of indigents represented by court-appointed, private counsel.
(C) Upon a finding in ex parte proceedings that investigative, expert,
or other services are reasonably necessary for the representation of the
defendant whether in connection with issues relating to guilt or sentence,
the court shall authorize the defendant's attorneys to obtain such services
on behalf of the defendant and shall order the payment, from state funds
appropriated for the defense of indigents, of fees and expenses not to
exceed twenty-five hundred dollars as the court shall deem appropriate.
Payment of such fees and expenses may be ordered in cases where
the defendant is an indigent represented by either court-appointed,
private counsel or the public defender.
(D) Payment in excess of the hourly rates and limit in subsection
(B) or (C) is authorized only if the court certifies, in a written order with
specific findings of fact, that payment in excess of the rates is necessary
to provide compensation adequate to ensure effective assistance of
counsel and payment in excess of the limit is appropriate because the
services provided were reasonably and necessarily incurred. Upon
a finding that timely procurement of such services cannot await prior
authorization, the court may authorize the provision of and payment for
such services nunc pro tunc.
(E) After completion of the trial, the court shall conduct a hearing
to review and validate the fees, costs, and other expenditures on behalf
of the defendant.
(F) The Supreme Court shall promulgate guidelines on the expertise
and qualifications necessary for attorneys to be certified as competent to
handle death penalty cases.
(G) The Office of Indigent Defense shall maintain a list of death
penalty qualified attorneys who have applied for and received
certification by the Supreme Court as provided for herein. In the event
the court appointed counsel notifies the chief administrative judge in
writing that he or she does not wish to provide representation in a death
penalty case, the chief administrative judge shall advise the Office of
Indigent Defense which shall forward a name or names to the chief
administrative judge for consideration. The appointment power is
vested in the chief administrative judge. The Office of Indigent
Defense shall establish guidelines as are necessary to ensure that
attorneys' names are presented to the judges on a fair and equitable basis
taking into account geography and previous assignments from the list.
Efforts shall be made to present an attorney from the area or region
where the action is initiated."
(E) Section 17-3-30 of the 1976 Code, as last amended by Act 356 of
1988, is further amended to read:
"Section 17-3-30. (A) A person to whom counsel has
been provided shall execute an affidavit that he is financially unable to
employ counsel and that affidavit shall set forth all his assets. If it
appears that the person has some assets but they are insufficient to
employ private counsel, the court, in its discretion, may order the person
to pay these assets to the defender corporation of the county or counties
wherein he is being represented or, if a defender corporation does not
exist therein, to the judicial department of the State of South Carolina.
(B) A twenty-five dollar application fee for public defender
services must be collected from every person who executes an affidavit
that he is financially unable to employ counsel. The person may apply
to the clerk of court for a waiver or reduction in the application fee. In
the event the clerk determines that the person is unable to pay the
application fee, the fee may be waived or reduced. The clerk of court
shall collect the application fee imposed by this section and remit the
proceeds to the state fund on a monthly basis. The monies must be
deposited in an interest-bearing account separate from the general fund
and used only to provide for indigent defense services. The monies shall
be administered by the Office of Indigent Defense. The monies
collected pursuant to this provision shall be used for the payment of
court-appointed private counsel to represent indigent defendants and the
fees and expenses court-ordered in the defense of all indigents whether
they are represented by the public defender corporation of the county or
court-appointed private counsel. However, each county public defender
corporation shall receive an annual appropriation from this fund.
(C) Sufficient funds shall be set aside from allocations provided for
the defense of indigents to provide for adequate screening of
applications for indigent assistance to ensure the applicant is
qualified."
(F) Section 17-3-50 of the 1976 Code is amended to read:
"Section 17-3-50. (A) When private counsel is
appointed pursuant to this chapter and in accordance with a plan of
appointment promulgated by the bar of each county, he shall be paid a
reasonable fee to be determined on the basis of ten forty
dollars per hour for time spent out of court and fifteen
sixty dollars per hour for time spent in court. In no event,
however, shall such fee exceed the sum of five hundred dollars in a
noncapital case and seven hundred and fifty dollars in a capital case
through final judgment on trial. The same hourly rates shall apply
on appeal and in post-conviction proceedings provided that
such fee shall not exceed the sum of five hundred dollars.
Compensation shall not exceed three thousand five hundred dollars
in a case in which one or more felonies is charged and one thousand
dollars in a case in which only misdemeanors are charged.
Compensation shall be paid from funds appropriated to the Office of
Indigent Defense for the defense of indigents represented by court-appointed, private counsel. The same basis shall be employed to
determine the value of services provided by the office of the public
defender for purposes of Section 17-3-40 hereof.
(B) Upon a finding in ex parte proceedings that investigative,
expert, or other services are reasonably necessary for the representation
of the defendant, the court shall authorize the defendant's attorney to
obtain such services on behalf of the defendant and shall order the
payment, from state funds appropriated for the defense of indigents, of
fees and expenses not to exceed five hundred dollars as the court shall
deem appropriate.
(C) Payment in excess of the hourly rates and limits in subsection (A)
or (B) is authorized only if the court certifies, in a written order with
specific findings of fact, that payment in excess of the rates is necessary
to provide compensation adequate to ensure effective assistance of
counsel and payment in excess of the limit is appropriate because the
services provided were reasonably and necessarily incurred.
(D) Nothing in this section shall be construed to alter the provisions
of Section 17-3-10 concerning those defendants who are entitled to legal
representation."
(G) Section 17-3-80 of the 1976 Code, as last amended by Act 142 of
1987, is further amended to read:
"Section 17-3-80. In addition to the appropriation in Section
17-3-70, there is appropriated for the fiscal year commencing July 1,
1969, the sum of fifty thousand dollars for the establishment of the
defense fund which must be administered by the Judicial
Department Office of Indigent Defense. This fund must be
used to reimburse private-appointed counsel, public defenders, and
assistant public defenders for necessary expenses, not to exceed two
thousand dollars for each case, actually incurred in the representation of
persons pursuant to this chapter, so long as the expenses are approved
by the trial judge. No reimbursement may be made for travel expenses
except extraordinary travel expenses approved by the trial judge. The
total state funds provided by this section may not exceed fifty thousand
dollars."
(H) Section 17-23-70 of the 1976 Code is repealed.
(I) This section takes effect July 1, 1993, and the five percent surcharge
on criminal fines and the public defender services' application fee shall
be collected for every offense occurring on or after July 1, 1993. The
payment schedule set forth in Section 17-3-50 shall apply to any case for
which the arrest has occurred, or for which the warrant or indictment has
been issued, on or after July 1, 1993. The payment schedule set forth in
Section 16-3-26 shall apply to any case for which the indictment was
issued on or after December 7, 1992.
SECTION 5
TO AMEND THE 1976 CODE BY ADDING SECTION 61-9-312
SO AS TO PROVIDE FOR A SPECIAL VERSION OF A RETAIL
BEER AND WINE PERMIT FOR OFF-PREMISES
CONSUMPTION WITH NO RESTRICTIONS ON THE DAYS OR
HOURS OF SALES AND PROVIDE THAT THE REVENUE
MUST BE CREDITED TO THE GENERAL FUND OF THE
STATE; AND TO REQUIRE THE ALCOHOLIC BEVERAGE
CONTROL COMMISSION TO PRORATE THE SPECIAL
RETAIL PERMIT FEES PROVIDED IN SECTION 61-9-312 FOR
THE 1993-94 PERMIT YEAR.
A. The 1976 Code is amended by adding:
"Section 61-9-312. In counties or municipalities where
temporary permits are authorized to be issued pursuant to Section 61-5-180, in lieu of the retail permit fee required pursuant to Section 61-9-310, a retail dealer otherwise eligible for the retail permit under that
section may elect to apply for a special version of that permit which
allows sales for off-premises consumption without regard to the
restrictions on the days or hours of sales provided in Sections 61-9-90,
61-9-100, 61-9-110, and 61-9-130. The annual fee for this special retail
permit is one thousand dollars. Revenue generated by the fees must be
credited to the general fund of the State. All other requirements for
retail permits provided in Section 61-9-310 apply to the special permits
authorized by this section."
B. The Alcoholic Beverage Control Commission shall prorate the
special permit fees provided in Section 61-9-312 of the 1976 Code
added in subsection A for the 1993-94 permit year according to the
length of time the permit is valid.
SECTION 6
TO AMEND THE 1976 CODE BY ADDING SECTION 56-5-6205
SO AS TO IMPOSE AN ADDITIONAL TWO AND ONE-HALF
DOLLAR FINE ON ALL MOVING TRAFFIC OFFENSES AND
TO REQUIRE THE REVENUE FROM THIS ADDITIONAL FINE
TO BE USED FOR EMERGENCY MEDICAL SERVICES.
A. Article 43, Chapter 5, Title 56 of the 1976 Code is amended by
adding: "Section 56-5-6205. (A) In addition to the fine
imposed by law on conviction for a moving traffic offense, there is
imposed an additional fine of two dollars and fifty cents. The same
amount must be added to the bond for such a violation which must be set
apart on forfeiture.
(B) The additional fine and forfeiture amount imposed by this
section must be collected and remitted to the State Treasurer in the
manner provided in Section 23-23-70 and credited to the general fund
of the State and appropriated only for emergency medical services.
Funds appropriated pursuant to this section must be allocated by the
Department of Health and Environmental Control as follows:
(1) eighty-one percent to counties for emergency medical
services;
(2) twelve percent to emergency medical services regional
training offices; and
(3) seven percent to the Division of Emergency Medical Services
of the Department of Health and Environmental Control.
The Department of Health and Environmental Control shall develop
guidelines and administer the system to make allocations within each
region based on demonstrated need and local match. These funds may
not be transferred to other programs within the department's budget. In
addition, when instructed by the State Budget and Control Board or the
General Assembly to reduce funds by a certain percentage, the
department may not reduce the funds appropriated for EMS Regional
Councils or Aid to Counties greater than the stipulated
percentage."
B. This section takes effect July 1, 1993, and applies with respect to
convictions for offenses occurring after June 30, 1993.
SECTION 7
TO AMEND SECTION 12-7-437 OF THE 1976 CODE,
RELATING TO THE DEDUCTION FROM TAXABLE INCOME
OF A PORTION OF NET LONG-TERM CAPITAL GAIN, SO AS
TO PROVIDE THAT THE DEDUCTION APPLIES TO NET
CAPITAL GAIN.
Section 12-7-437 of the 1976 Code, as added by Act 189 of 1989, is
amended to read:
"Section 12-7-437. (A) There is allowed a deduction from the
South Carolina taxable income of individuals, partnerships (including S
corporations), estates, and trusts equal to the following amounts of net
long term capital gain recognized during the below-referenced
taxable years:
(1) fourteen percent for taxable years beginning in 1990;
(2) twenty-nine percent for taxable years beginning in 1991;
(3) forty-four percent for taxable years beginning after 1991.
(B) For purposes of this section, net long term capital gain is
as defined in the Internal Revenue Code of 1986, as amended through
December 31, 1988, except that the required holding period is two or
more years.
(C) The commission may promulgate regulations necessary to
implement the provisions of this section."
SECTION 8
TO AMEND THE 1976 CODE BY ADDING ARTICLE 7 TO
CHAPTER 54, TITLE 12 SO AS TO PROVIDE FOR
REVOCATION OF PROFESSIONAL LICENSES BY THE TAX
COMMISSION; AND BY ADDING SECTION 61-3-425 SO AS TO
PROHIBIT A LICENSE FROM BEING ISSUED, RENEWED, OR
TRANSFERRED BY THE ALCOHOLIC BEVERAGE CONTROL
COMMISSION UNLESS IT IS SHOWN THAT THE APPLICANT
DOES NOT OWE STATE OR FEDERAL DELINQUENT TAXES,
PENALTIES, OR INTEREST.
A. Chapter 54, Title 12 of the 1976 Code is amended by adding:
"Article 7
Revocation of Professional Licenses
Section 12-54-1010. (A) Every department, board, commission,
division, authority, district, or other agency of the State or its
subdivisions, including a municipality or district, issuing or renewing a
license or other authority to conduct a profession, trade, or business
annually shall furnish to the commission on forms it requires by
regulation:
(1) before January thirty-first a list of all licenses or other
authority issued or renewed by the agency during the preceding year;
(2) before July thirty-first a list of all persons furnishing goods,
services, or real estate space to the agency during the preceding fiscal
year. The commission, in its discretion, by regulation, may require
municipalities and districts with a population exceeding a level it
determines to furnish annually the information required under this item.
(B) The lists provided to the commission pursuant to subsection (A)
must contain the name, address, and social security or federal
identification number of the licensee or provider and other information
the commission may require by regulation.
(C) If the commission determines from the information furnished
pursuant to subsections (A) and (B) or otherwise that a person who holds
a license or other authority issued by an agency, as defined in subsection
(A), or who has agreed to furnish goods, services, or real estate space to
an agency has neglected or refused to file returns or to pay a tax required
under provisions of law administered by the commission and that the
person has not filed in good faith a pending application for abatement of
the tax or a pending petition before the appropriate authority contesting
the tax, the commission shall notify the agency and the person in writing
of that fact. Upon written request of the commission and after a hearing
and notice to the licensee as required under applicable provisions of law,
the agency shall revoke or suspend the license or certificate of authority
if the agency finds the returns and taxes required under this title have not
been filed or paid and that the licensee has not filed in good faith a
pending application for abatement of the tax or a pending petition before
the appropriate authority contesting the tax. For the purpose of these
findings, the written representation to that effect by the commission to
the agency constitutes prima facie evidence of that fact. The
commission may intervene in a hearing conducted with respect to license
revocation or suspension. Findings made by the agency with respect to
license revocation or suspension must be made only for the purposes of
the proceeding and are not relevant to and must not be introduced in
another proceeding at law, except for an appeal from license revocation
or suspension. A license or other authority suspended or revoked under
this section must not be reissued or renewed until the agency receives a
certificate issued by the commission that the licensee is in good standing
with respect to returns due and taxes payable to the commission as of the
date of issuance of the certificate, including taxes and returns referenced
in the initial notification. A person aggrieved by a decision pursuant to
this section may appeal pursuant to the Administrative Procedures Act.
Section 12-54-1020. (A) A person applying to an agency of the
State, as defined in Section 12-54-1010(A), for a right or license to
conduct a profession, trade, or business or for the renewal of the right or
license shall certify upon application, under penalties of perjury, that he
has complied with all laws of the State relating to taxes. The right or
license must not be issued or renewed unless certification is made.
(B) No contract or other agreement for the purposes of providing
goods, services, or real estate space to an agency, as defined in Section
12-54-1010(A), may be entered into, renewed, or extended with a person
unless the person certifies in writing, under penalties of perjury, that he
has complied with all laws of the State relating to taxes.
(C) An agency, as defined in Section 12-54-1010(A), which has been
notified by the commission pursuant to provisions of law administered
by the commission that a person who holds a license or certificate of
authority issued by the agency or who has agreed to furnish goods,
services, or real estate space to the agency has neglected or refused to
file returns or to pay a tax required and that the person has not filed in
good faith a pending application for abatement of the tax or a pending
petition before the appropriate authority contesting the tax, shall refuse
to reissue, renew, or extend the license or other authority, contract, or
agreement until the agency receives a certificate issued by the
commission that the person is in good standing with respect to returns
due and taxes payable to the commission as of the date of issuance of the
certificate, including returns and taxes referenced in the initial
notification."
B. The 1976 Code is amended by adding:
"Section 61-3-425. No license may be issued under this title
unless the applicant for a license or a renewal or a transfer of a license
presents to the commission a signed statement from the South Carolina
Tax Commission and from the Internal Revenue Service showing the
applicant does not owe the state or federal government delinquent taxes,
penalties, or interest."
C. This section, upon approval by the Governor, is effective for tax
years or license periods beginning after December 31, 1993.
SECTION 9
TO AMEND THE 1976 CODE BY ADDING SECTION 11-9-140
SO AS TO AUTHORIZE A STATE AGENCY TO CONTRACT BY
THE COMPETITIVE BIDDING PROCESS, FOR THE SALE OF
ADVERTISING SPACE, TO PROVIDE FOR THE
DISTRIBUTION OF THE ADVERTISING REVENUE, TO
PROVIDE THE REQUIREMENTS WHICH THE ADVERTISING
AND THE SALE OF THE ADVERTISING MUST MEET, AND
TO PROVIDE A PROCEDURE FOR WRITTEN OBJECTION TO
ADVERTISING PLACED PURSUANT TO THE PROVISIONS OF
THIS SECTION.
Article 1, Chapter 9 of Title 11 is amended by adding:
"Section 11-9-140. (A) A state agency may contract to sell
commercial advertising space in locations such as its publications,
buildings, facilities, and on its vehicles, in exchange for cash payment.
All money received pursuant to a contract entered into under this section
must be credited to the State Treasury in a separate fund entitled the
advertising contract fund. Of the money credited to the fund, the state
agency that contracted to sell the advertising space must be given forty
percent of the revenues generated from the selling of space and
reimbursed for expenses incurred. The money not given to the agency
or instrumentality must be transferred to the general revenue fund.
(B) An advertisement displayed in advertising space sold under this
section must:
(1) not promote or oppose any political candidate, issue, or
organization;
(2) not be libelous and must not promote alcohol or tobacco or
any illegal product or service;
(3) be tasteful, inoffensive, and not pornographic and must
maintain the dignity, decorum, and aesthetics of the place where the
advertisement appears;
(4) not promote discrimination on the basis of the race, color,
religion, national origin, handicap, age, sex, or ancestry of any person;
(5) comply with controlling federal or state regulations or
restrictions, and any applicable local zoning or outdoor graphics
regulations;
(6) clearly indicate the advertiser's identity and state that the
advertiser is not the State or any state agency or instrumentality; and (7) clearly indicate that the State does not endorse the product or
service promoted by the advertisement and makes no representations
about the accuracy of the advertisement or the quality or performance of
the product or service promoted by the advertisement.
(C) Contracts entered into under this section must be awarded only
by competitive bidding and to the highest bidder. A contract may be
entered into only if there is a reasonable anticipation that the contract
will produce a profit for the State or the contracting state agency or
instrumentality. No state agency shall publish a document, construct a
building or facility, or purchase a vehicle for the purpose of displaying
advertisements if the publication, construction, or purchase is
unnecessary to the ordinary conduct of its official duties. No state
agency or instrumentality shall erect a freestanding outdoor billboard or
sign pursuant to this section, except that to the extent allowed by federal
law the Department of Transportation may erect at each roadside rest
area under its control not more than three freestanding outdoor signs,
each having a surface area for advertising space not exceeding forty
square feet.
(D) No state agency shall artificially inflate expenses in connection
with a contract entered into under this section.
(E) No person has a cause of action against the State or a state
agency because of the content of or a representation made in an
advertisement authorized by a contract entered into under this section.
(F) Upon the filing of a written objection by an individual that an
advertisement placed pursuant to this section violates the restrictions on
advertisements, the board of the respective agency shall make a
determination regarding the alleged violation. If the board determines
that the advertisement violates the restrictions, it shall notify the state
agency that sold the advertising space of the violation. The agency or
instrumentality then shall take appropriate steps to promptly correct the
violation. (G) Not later than the thirty-first day of January of each
year, the board of each agency selling advertising space shall submit a
report to the Governor, the President of the Senate, and the Speaker of
the House of Representatives describing the opportunities for and results
of sales of commercial advertising space by that agency.
(H) The institutions of higher education and the South Carolina
Department of Parks, Recreation and Tourism are exempt from the
provisions of this section.
(I) Advertising is not permitted in or on the State House, the State
House grounds, the office buildings located on those grounds, or the
area designated as the capitol complex."
SECTION 10
TO AMEND CHAPTER 21, TITLE 12 OF THE 1976 CODE,
RELATING TO STAMP AND BUSINESS LICENSE TAXES, BY
ADDING ARTICLE 25 SO AS TO ENACT "THE
MARIJUANA AND CONTROLLED SUBSTANCE TAX ACT OF
1993", TO PROVIDE A PENALTY, AND TO ESTABLISH
THE STATE CONTROLLED SUBSTANCES TAX ACCOUNT.
A. Chapter 21, Title 12 of the 1976 Code is amended by adding:
"Article 25
The Marijuana and
Controlled Substance Tax Act of 1993
Section 12-21-5010. This article may be cited as `The Marijuana
and Controlled Substance Tax Act of 1993'.
Section 12-21-5020. As used in this article:
(1) `Marijuana' means any marijuana, whether real or counterfeit, as
defined in Section 44-53-110, that is held, possessed, transported,
transferred, sold, or offered to be sold in violation of the laws of this
State.
(2) `Controlled substance' means a drug or substance, whether real
or counterfeit, as defined in Section 44-53-110, that is held, possessed,
transported, transferred, sold, or offered to be sold in violation of the
laws of this State. `Controlled substance' does not include marijuana.
(3) `Dealer' means a person who in violation of the laws of this State
manufactures, produces, ships, transports, or imports into South Carolina
or in any manner acquires or possesses more than forty-two and one-half
grams of marijuana, or seven or more grams of a controlled substance,
or ten or more dosage units of a controlled substance which is not sold
by weight.
(4) `Commission' means the South Carolina Tax Commission.
Section 12-21-5030. The commission shall administer the
provisions of this article. Payments required by this article must be
made to the commission on the form provided by it. Dealers are not
required to give their name, address, social security number, or other
identifying information on the form. The commission shall collect all
taxes under this article.
Section 12-21-5040. The commission may promulgate regulations
necessary to enforce this article. The commission shall adopt a uniform
system of providing, affixing, and displaying official stamps, official
labels, or other official indicia for marijuana and controlled substances
on which a tax is imposed.
Section 12-21-5050. No dealer may possess any marijuana or
controlled substance upon which a tax is imposed unless the tax has
been paid on the marijuana or other controlled substance as evidenced
by a stamp or other official indicia.
Section 12-21-5060. Nothing in this article may provide immunity
for a dealer from criminal prosecution pursuant to the laws of this State.
Section 12-21-5070. Nothing in this article requires persons
lawfully in possession of marijuana or a controlled substance to pay the
tax required under this article.
Section 12-21-5080. For the purpose of calculating the tax under
Section 12-21-5090, a quantity of marijuana or other controlled
substance is measured by the weight of the substance whether pure,
impure, or dilute, or by dosage units when the substance is not sold by
weight, in the dealer's possession. A quantity of a controlled substance
is dilute if it consists of a detectable quantity of pure controlled
substance and any excipients or fillers.
Section 12-21-5090. A tax is imposed on marijuana and controlled
substances as defined in Section 12-21-5020 at the following rate:
(1) on each gram of marijuana, or portion of a gram, three dollars
fifty cents;
(2) on each gram of controlled substance, or portion of a gram, two
hundred dollars;
(3) on each fifty dosage units of a controlled substance that is not
sold by weight, or portion of fifty dosage units, two thousand dollars.
Section 12-21-6000. (A) A dealer who violates this article must
pay a penalty of one hundred percent of the tax in addition to the tax
imposed by Section 12-21-5090. The penalty must be collected as part
of the tax.
(B) In addition to the tax penalty imposed, a dealer distributing or
possessing marijuana or controlled substances without affixing the
appropriate stamps, labels, or other indicia is guilty of a misdemeanor
and, upon conviction, must be imprisoned not more than five years or
fined not more than ten thousand dollars, or both.
Section 12-21-6010. Official stamps, labels, or other indicia to be
affixed to all marijuana or controlled substances must be purchased from
the commission. The purchaser shall pay one hundred percent of face
value for each stamp, label, or other indicia at the time of the purchase.
Section 12-21-6020. (A) When a dealer purchases, acquires,
transports, or imports into this State marijuana or controlled substances
on which a tax is imposed by Section 12-21-5090, and if the indicia
evidencing the payment of the tax have not already been affixed, the
dealer shall have them permanently affixed on the marijuana or
controlled substance immediately after receiving the substance. Each
stamp or other official indicia may be used only once.
(B) Taxes imposed upon marijuana or controlled substances by this
article are due and payable immediately upon acquisition or possession
in this State by a dealer.
Section 12-21-6030. An assessment for a dealer not possessing
valid stamps or other official indicia showing that the tax has been paid
is considered a jeopardy assessment or collection, as provided in Article
3 of Chapter 53 of this title.
Section 12-21-6040. (A) The commission or a public employee
may not reveal facts contained in a report or return required by this
article or any information obtained from a dealer. Information contained
in a report or return or obtained from a dealer may not be used against
the dealer in a criminal proceeding, unless independently obtained,
except in connection with a proceeding involving taxes due under this
article from the dealer making the return.
(B) A person who violates this section is guilty of a felony and, upon
conviction, must be imprisoned not more than five years or fined not
more than ten thousand dollars, or both.
(C) This section does not prohibit the commission from publishing
statistics that do not disclose the identity of dealers or the contents of
particular returns or reports.
Section 12-21-6050. The commission shall credit the proceeds of
the tax levied by this article to the general fund of the State."
B. This section takes effect July 1, 1993.
SECTION 11
TO AMEND THE 1976 CODE BY ADDING SECTION 12-4-380
SO AS TO CREATE A STATE SPONSORED CREDIT CARD BY
GIVING THE TAX COMMISSION THE AUTHORITY TO
PARTICIPATE IN A FINANCIAL INSTITUTION CREDIT CARD
PROGRAM FOR THE BENEFIT OF THE STATE.
A. The 1976 Code is amended by adding:
"Section 12-4-380. (A) As used in this section:
(1) `Financial institution' means a bank chartered under Title 34,
Chapter 1 of the 1976 Code; a bank chartered under the National Banks
Act in Title 12 of the United States Code; a savings and loan association
chartered under Title 34, Chapter 28 of the 1976 Code; a savings and
loan association chartered under the Home Owners' Loan Act in Title 12
of the United States Code; a credit union chartered under Title 34,
Chapter 27 of the 1976 Code; or a credit union chartered under the
Federal Credit Union Act in Title 12 of the United States Code.
(2) `Financial institution credit card' means a credit card that
entitles the holder to make open-account purchases up to an approved
amount and is issued through the agency of a financial institution.
(3) `Sponsoring entity' means an entity that solicits the use of a
particular financial institution credit card bearing the entity's name in
exchange for a fee from the credit card issuer.
(B) (1) The South Carolina Tax Commission is authorized to
participate in a financial institution credit card program for the benefit
of the State. Within one hundred eighty days of July 1, 1993, the
commission shall contact each financial institution to determine if:
(a) the financial institution or its holding company or
affiliate currently administers a credit card program;
(b) the credit card program provides a fee or commission on
retail sales to the sponsoring entity for the issuance and use of the credit
card; and
(c) the credit card program would accept the State as a
sponsoring entity.
(2) If the commission determines that the State may be a
sponsoring entity for a financial institution credit card, the commission
shall negotiate the most favorable rate for the state's fee by a credit card
issuer. The State may not offer a more favorable rate to any credit card
issuer than that offered by the financial institution. The rate must be
expressed as a percentage of the gross sales from the use of the credit
card. The proceeds of the fee must be deposited in the general fund.
(C) The commission may adopt regulations necessary to implement
the credit card program."
B. This section takes effect July 1, 1993.
SECTION 12
TO AMEND THE 1976 CODE BY ADDING SECTION 20-7-738
SO AS TO PROVIDE FOR PETITION AND INTERVENTION BY
THE DEPARTMENT OF SOCIAL SERVICES IN CHILD ABUSE
AND NEGLECT CASES BEFORE FAMILY COURT; TO AMEND
SECTION 20-7-110, RELATING TO LEGAL REPRESENTATION
IN CHILD ABUSE AND NEGLECT PROCEEDINGS, SO AS TO
PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES
MUST REPRESENT THE INTERESTS OF THE STATE AND
THE LOCAL CHILD PROTECTIVE SERVICES AGENCY; TO
AMEND SECTION 20-7-490, AS AMENDED, RELATING TO
DEFINITIONS FOR INTAKE, SO AS TO REVISE THE
DEFINITION OF "A PERSON RESPONSIBLE FOR A
CHILD'S WELFARE"; TO AMEND SECTION 20-7-650, AS
AMENDED, RELATING TO DUTIES OF LOCAL CHILD
PROTECTIVE AGENCY, SO AS TO DELETE PROVISIONS
RELATING TO INITIATING PROTECTIVE SERVICES IN
FAMILY COURT AND REFERENCES TO THE CIRCUIT
SOLICITOR; TO AMEND SECTION 20-7-762, RELATING TO
FAMILY COURT REVIEW, SO AS TO PROVIDE A HEARING
AS PROVIDED IN SECTION 20-7-738; TO AMEND SECTION 20-7-1440, AS AMENDED, RELATING TO FEES AND COSTS, SO
AS TO PROVIDE FOR A FEE OF ONE HUNDRED DOLLARS
TO OFFSET THE LEGAL EXPENSES ASSOCIATED WITH
INITIATING THE CHILD ABUSE OR NEGLECT CASES; TO
AMEND SECTION 20-7-3010, AS AMENDED, RELATING TO
INJUNCTION BY THE DEPARTMENT OF SOCIAL SERVICES,
SO AS TO DELETE PROVISIONS RELATING TO THE
ATTORNEY GENERAL OR CIRCUIT SOLICITOR INITIATING
THE INJUNCTION PROCEEDING; AND TO REPEAL
SECTIONS 20-7-2960 AND 20-7-3080 RELATING TO CIRCUIT
SOLICITORS ENFORCING CERTAIN PROVISIONS.
A. The 1976 Code is amended by adding:
"Section 20-7-738. (A) Upon a determination that a child
has been abused, neglected, or endangered as defined in Section 20-7-490, or at any time during the delivery of services by the agency, the
local child protective services agency may petition the family court in
its jurisdiction for authority to intervene and provide protective services
without removal of the child. This petition must be filed in those
instances where the family indicates a refusal to cooperate and the
agency has probable cause to believe protective services are necessary
to protect the child's health or welfare.
(B) The petition shall contain a full description of the basis for the
agency's belief that the child cannot be protected adequately without
agency intervention, including a description of the condition of the
child, any previous efforts by the agency to work with the parent or
guardian, treatment programs which have been offered and proven
inadequate, and the attitude of the parent or guardian toward
intervention and protective services.
(C) Upon receipt of a petition under this section, the family court
shall schedule a hearing to be held within forty days of the date of
receipt to determine whether intervention is necessary.
The court shall notify the parent or guardian of the hearing by
delivering a copy of the petition, together with a notice of the hearing,
which must include the date and time of the hearing and an explanation
of the right of the parent or guardian to an attorney pursuant to Section
20-7-110. The court shall effect delivery at least twenty-four hours
before the hearing. The respondent must be allowed to seek leave of the
court for a continuance of not less than forty-eight hours.
(D) Intervention and protective services must not be ordered unless
the court finds:
(1) (a) the child has been physically injured as defined in
Section 20-7-490 and there is a preponderance of the evidence that the
child cannot be protected from further physical injury without
intervention; or
(b) the child has been endangered as defined in Section 20-7-490 and there is clear and convincing evidence that the child cannot be
protected from further harm of the type justifying intervention without
intervention; and
(2) the child can be adequately protected through the provision of
protective services without removal of custody."
B. Section 20-7-110(C) of the 1976 Code is amended to read:
"(C) The interests of the State and the local child protective
services agency shall must be represented by the
circuit solicitor or his representative in the appropriate judicial
circuit legal representatives of the Department of Social
Services in any judicial proceeding."
C. Section 20-7-490(E) of the 1976 Code is amended to read:
"(E) `A person responsible for a child's welfare' includes the
child's parent, guardian, foster parent, an operator, employee, or
caregiver as defined by Section 20-7-2700 of a public or private
residential home, institution, agency, or child day care facility or
other person legally responsible for the child's welfare in a residential
setting a person who has assumed the role and responsibility of
a parent or guardian for the child, but who does not necessarily have
legal custody of the child. A person not otherwise listed in this
definition who provides temporary care for a child is not considered to
have assumed the role and responsibility of the parent or
guardian."
D. Subsections (H) through (P) of Section 20-7-650 of the 1976 Code,
as last amended by Act 448 of 1992, are further amended to read:
"(H) A family court order resulting from proceedings initiated
by the agency pursuant to Section 20-7-650(J) Sections 20-7-738 and Section 20-7-736 must include a judicial
determination for inclusion in the statewide Central Registry of whether
or not the subject of the report more likely than not abused or neglected
the child.
(I) The local child protective service agency shall be
is charged with providing, directing, or coordinating the
appropriate and timely delivery of services to children found to be
abused or neglected and those responsible for their welfare or others
exercising temporary or permanent control over such children.
`Services' shall must not be construed to include
emergency protective custody provided for in Section 20-7-736.
(J) Where the agency initiates protective services in cases of
indicated physical, mental, or sexual abuse, it shall petition the family
court of the jurisdiction of the services offered within one week after the
initiation of the services. The family court shall schedule a hearing
within forty days after the filing of the petition to determine whether:
(1) the agency had reasonable cause to initiate the services
offered;
(2) the services being offered are reasonable in light of the
agency's justification for intervention. In all proceedings under this
section the agency has the burden of proof by a preponderance of the
evidence, except in cases where the agency has alleged mental injury, in
which case the evidence must be clear and convincing.
(K)(J) In cases where a report has been filed with
the Central Registry of Child Abuse and Neglect, as required by
subsection (E), the outcome of any further proceedings must be entered
immediately by the agency into the Central Registry of Child Abuse and
Neglect.
(L)(K) After the initiation of protective services by
the agency, if those receiving services indicate a refusal to cooperate, the
agency shall withdraw. If the facts so warrant, the agency may petition
the family court to invoke the jurisdiction of the court under the Family
Court Act to intervene, but the agency may not threaten action to coerce
participation.
(M)(L) The agency shall cooperate with law
enforcement agencies and the circuit solicitor within the area it
serves and establish procedures necessary to facilitate the referral of
child protection cases to the child protective services agency. Where the
facts indicating abuse or neglect also appear to indicate a violation of
criminal law, the agency shall notify the appropriate law enforcement
agency of those facts within twenty-four hours of the agency's finding
for the purposes of police investigation. The law enforcement agency
must shall file a formal incident report at the time it is
notified by the agency of such the finding. When the
intake report is of alleged sexual abuse, the agency must notify the
appropriate law enforcement agency within twenty-four hours of receipt
of the report to determine if a joint investigation is necessary. The law
enforcement agency must shall file a formal incident
report at the time it is notified of the alleged sexual abuse.
(N)(M) The agency actively shall seek the
cooperation and involvement of local public and private institutions,
groups, and programs concerned with matters of child protection and
welfare within the area it serves.
(O)(N) The local child protective service agency
situated in the county of the mother's legal residence shall provide,
direct, or coordinate the appropriate and timely delivery of services to
children born of incarcerated mothers where no provision has been made
for placement of the child outside the prison setting. Referral of these
cases to the appropriate local child protective service agency is the
responsibility of the agency or institution with custody of the mother.
(P)(O) The agency in all instances shall act in
accordance with the policies, procedures, and regulations promulgated
and distributed by the State Department of Social Services pursuant to
this chapter."
E. The first paragraph of Section 20-7-762 of the 1976 Code is
amended to read:
"At the close of a hearing pursuant to Section 20-7-650(H) 20-7-738 or Section 20-7-736 and upon a
finding that the child shall remain in the home and that protective
services shall continue, the family court shall review and approve a
treatment plan designed to alleviate any danger to the child and to aid
the parents so that the child will not be endangered in the future. The
plan must be prepared by the child protective services agency and shall
detail any changes in parental behavior or home conditions that must be
made and any services which will be provided to the family to ensure,
to the greatest extent possible, that the child will not be endangered.
Whenever possible, the plan must be prepared with the participation of
the parents, the child, and any other agency or individual that will be
required to provide services. The plan must be submitted to the court at
the hearing. If any changes in the plan are ordered, the agency shall
submit a revised plan to the court within two weeks of the hearing, with
copies to the parties and legal counsel. Any dispute regarding the plan
must be resolved by the court. The terms of the plan must be included
as part of the court order."
F. Section 20-7-1440 of the 1976 Code, as last amended by Act 150
of 1991, is further amended by adding a paragraph at the end:
"In actions initiated by the department pursuant to Section 20-7-736 or 20-7-738, the court shall impose a fee of one hundred dollars
against the defendant. If the court does not order removal of custody or
intervention and protective services with the child remaining in the
home, the fee may be waived. The court may assess the fee against any
one defendant or apportion the fee among multiple defendants. The fee
may be paid in installments as the court may order. The clerk of court
shall collect the fee and remit it to the department. The department shall
retain the fees remitted to be used to offset the expenses associated with
its legal representation in child abuse and neglect cases."
G. Section 20-7-3010 of the 1976 Code, as last amended by Act 338
of 1988, is further amended to read:
"Section 20-7-3010. a. The department is empowered
to seek an injunction against the continuing operation of a child day care
facility in the family court having jurisdiction over the county in which
the facility is located:
(1) when a facility is operating without a license or statement of
registration;
(2) when there is any violation of this subarticle or of the regulations
promulgated by the department which threatens serious harm to children
in the child day care facility;
(3) when an operator has repeatedly violated this subarticle or the
regulations of the department.
b. Proceedings for securing the injunctions may be brought by
the Attorney General or circuit solicitor of the jurisdiction in which the
facility or its headquarters is located."
H. Sections 20-7-2960 and 20-7-3080 of the 1976 Code are repealed.
I. This section takes effect July 1, 1993.
SECTION 13
TO AMEND TITLE 20, CHAPTER 7, CODE OF LAWS OF
SOUTH CAROLINA, 1976, BY ADDING ARTICLE 26 SO AS TO
ENACT THE SOUTH CAROLINA CHILD FATALITY REVIEW
AND PREVENTION ACT, TO PROVIDE FOR THE POLICY OF
THE STATE IN PREVENTING CHILD DEATHS, TO CREATE
THE STATE CHILD FATALITY REVIEW TEAM WITHIN THE
CENTER FOR FAMILY IN SOCIETY, UNIVERSITY OF SOUTH
CAROLINA, TO PROVIDE FOR ITS MEMBERS, ITS PURPOSE,
POWERS, AND DUTIES; TO PROVIDE FOR ACCESS TO AND
CONFIDENTIALITY OF RECORDS RELATING TO CHILDREN
WHO HAVE DIED AND SERVICES PROVIDED TO THESE
CHILDREN AND THEIR FAMILIES; TO ADD SECTIONS 17-5-140 AND 17-5-265 SO AS TO REQUIRE CORONERS AND
MEDICAL EXAMINERS TO NOTIFY THE CHAIRMAN OF
THE CHILD FATALITY REVIEW TEAM WHEN A CHILD DIES
UNDER CERTAIN CIRCUMSTANCES; TO ADD SECTIONS 17-5-150 AND 17-5-275 SO AS TO AUTHORIZE A CORONER OR A
MEDICAL EXAMINER TO OBTAIN AN INSPECTION
WARRANT IN THE COURSE OF CONDUCTING AN
INVESTIGATION OF A CHILD'S DEATH; TO AMEND
SECTION 20-7-490, AS AMENDED, RELATING TO
DEFINITIONS IN THE CHILD ABUSE AND NEGLECT LAW,
SO AS TO REVISE THE DEFINITION OF "ABUSED OR
NEGLECTED CHILD"; TO AMEND SECTION 20-7-510,
RELATING TO REPORTING OF CHILD ABUSE AND
NEGLECT, SO AS TO REQUIRE A CORONER, A MEDICAL
EXAMINER, AND THEIR EMPLOYEES TO REPORT; TO
AMEND SECTION 20-7-690, AS AMENDED, RELATING TO
CONFIDENTIALITY OF CHILD ABUSE REPORTS, AND
RECORDS, SO AS TO ALLOW THE RELEASE OF SUCH
INFORMATION TO COUNTY MEDICAL EXAMINERS,
CORONERS, AND THE STATE TEAM; TO AMEND SECTION
44-63-110, AS AMENDED, RELATING TO FEES FOR VITAL
RECORDS, SO AS TO PROVIDE A TWO-DOLLAR
SURCHARGE ON AN ORIGINAL DEATH CERTIFICATE TO
FUND THE CHILD FATALITY REVIEW TEAM; AND TO
PROVIDE THAT FUNDS AND POSITIONS RELATED TO THE
CHILD FATALITY REVIEW PROCESS IN THE DEPARTMENT
OF SOCIAL SERVICES MUST BE TRANSFERRED TO THE
CENTER FOR FAMILY IN SOCIETY.
Whereas, it is the policy of this State that every child is entitled to live
in safety and in health and to survive into adulthood; and
Whereas, it is estimated that nine hundred fifty-eight children under the
age of eighteen died in 1991 in this State; approximately twenty-one of
those deaths were from child abuse or neglect; and approximately two
hundred eighteen of those deaths were from homicide, accidents, and
other preventable causes; and
Whereas, from 1988 to 1991 there has been a thirty-two percent increase
in the number of child deaths caused by abuse or neglect and this steady
growth in the number of children whose deaths are due to abuse and
neglect is coupled with a disturbing trend of increasing violence toward
younger children; and
Whereas, there are concerns about the adequacy of efforts in this State
to identify deaths which may be from child abuse or other preventable
causes, to obtain and maintain statistics on child mortality, to provide
services to surviving family members, to appropriately use the criminal
justice system, and to develop and implement measures to prevent future
child deaths; and
Whereas, no one state or local agency is responsible for the failure of
these efforts, as multiple agencies and officials have responsibilities for
responding to child deaths and for the services and programs which
could prevent future child deaths; and
Whereas, multi-disciplinary and multi-agency child death review teams,
improved agency responses, and enhanced public awareness are methods
of achieving the state policy and appropriate goals for this State; and
Whereas, prompt and correct identification of the cause of a child's death
can help alleviate the suffering of the parent who is not responsible for
that death; and
Whereas, persons who are responsible for the deaths of children should
be held accountable for their actions in the appropriate criminal and civil
proceedings; and
Whereas, confidentiality requirements of public agencies and others with
information regarding deceased children and their families should not
deter the exchange of information concerning the child within a multi-disciplinary and multi-agency review process, so long as there are
protections against disclosures outside of the review; and
Whereas, this State recognizes that our children are our greatest
resource, and we are willing to take all necessary measures to preserve
the futures of our children. Now, therefore,
A. This act may be cited as the "South Carolina Child Fatality
Review and Prevention Act".
B. It is the policy of this State that:
(1) Every child is entitled to live in safety and in health and to
survive into adulthood;
(2) Responding to child deaths is a state and a community
responsibility;
(3) When a child dies, the response by the State and the community
to the death must include an accurate and complete determination of the
cause of death, the provision of services to surviving family members,
and the development and implementation of measures to prevent future
deaths from similar causes and may include court action, including
prosecution of persons who may be responsible for the death and family
court proceedings to protect other children in the care of the responsible
person;
(4) Professionals from disparate disciplines and agencies who have
responsibilities for children and expertise that can promote child safety
and well-being should share their expertise and knowledge toward the
goals of determining the causes of children's deaths, planning and
providing services to surviving children and nonoffending family
members, and preventing future child deaths;
(5) A greater understanding of the incidence and causes of child
deaths is necessary if the State is to prevent future child deaths;
(6) Multi-disciplinary and multi-agency reviews of child deaths can
assist the State in the investigation of child deaths, in the development
of a greater understanding of the incidence and causes of child deaths
and the methods for preventing such deaths, and in identifying gaps in
services to children and families;
(7) Access to information regarding deceased children and their
families by the Department of Child Fatalities is necessary to achieve the
department's purposes and duties; and
(8) Competent investigative services must be sensitive to the needs
of South Carolina's children and their families and not unnecessarily
intrusive and should be achieved through training, awareness, and
technical assistance.
C. Chapter 7, Title 20 of the 1976 Code is amended by adding:
"Article 26
Department of Child Fatalities
State Child Fatality Advisory Committee
Section 20-7-5900. For purposes of this article:
(1) `Child' means a person under eighteen years of age.
(2) `Committee' means the State Child Fatality Advisory Committee.
(3) `Department' means the State Law Enforcement Division's
Department of Child Fatalities.
(4) `Local child protective services agency' means the county
department of social services for the jurisdiction where a deceased child
resided.
(5) `Meeting' means both in-person meetings and meetings through
telephone conferencing.
(6) `Preventable death' means a death which reasonable medical,
social, legal, psychological, or educational intervention may have
prevented.
(7) `Provider of medical care' means a licensed health care
practitioner who provides, or a licensed health care facility through
which is provided, medical evaluation or treatment, including dental and
mental health evaluation or treatment.
(8) `Working day' means Monday through Friday, excluding official
state holidays.
(9) `Unexpected death' includes all child deaths which, before
investigation, appear possibly to have been caused by trauma, suspicious
or obscure circumstances, or child abuse or neglect.
Section 20-7-5905. There is created within the State Law
Enforcement Division (SLED) the Department of Child Fatalities which
is under the supervision of the chief of SLED.
Section 20-7-5910. (A) There is created a multi-disciplinary State
Child Fatality Advisory Committee composed of:
(1) the Commissioner of the South Carolina Department of Social
Services;
(2) the Commissioner of the South Carolina Department of Health
and Environmental Control;
(3) the State Superintendent of Education;
(4) the Executive Director of the South Carolina Criminal Justice
Academy;
(5) the Chief of the State Law Enforcement Division;
(6) the Commissioner of the South Carolina Commission on
Alcohol and Drug Abuse;
(7) the Commissioner of the State Department of Mental Health;
(8) the Commissioner of the State Department of Mental
Retardation;
(9) the Commissioner of the Department of Youth Services;
(10) an attorney with experience in prosecuting crimes against
children;
(11) a county coroner or medical examiner;
(12) a pediatrician with experience in diagnosing and treating child
abuse and neglect, appointed from recommendations submitted by the
State Chapter of the American Academy of Pediatrics; and
(13) a solicitor.
(B) Those state agency members in items (1)-(9) shall serve ex
officio and may appoint a designee to serve in their place from their
particular departments or agencies who have administrative or program
responsibilities for children and family services. The remaining
members, including the coroner or medical examiner and solicitor who
shall serve ex officio, must be appointed by the Governor for terms of
four years and until their successors are appointed and qualify.
(C) A chairman and vice-chairman of the committee must be elected
from among the members by a majority vote of the membership for a
term of two years.
(D) Meetings of the committee must be held at least quarterly. A
majority of the committee constitutes a quorum.
(E) Each ex officio member shall provide sufficient staff and
administrative support to carry out the responsibilities of this article.
Section 20-7-5920. (A) The purpose of the department is to
expeditiously investigate child deaths in all counties of the State.
(B) To achieve its purpose, the department shall:
(1) upon receipt of a report of a child death from the county
coroner or medical examiner, as required by Sections 17-5-140 and 17-5-265, investigate and gather all information on the child fatality. The
coroner or medical examiner immediately shall request an autopsy. The
autopsy must be performed by a forensic pathologist as soon as possible.
The forensic pathologist shall inform the department of the findings
within forty-eight hours of completion of the autopsy. If the autopsy
reveals the cause of death to be pathological or an unavoidable accident,
the case must be closed by the department. If the autopsy reveals
physical or sexual trauma, suspicious markings, or other findings that are
questionable or yields no conclusion to the cause of death, the
department immediately shall begin an investigation;
(2) request assistance of any other local, county, or state agency
to aid in the investigation;
(3) upon receipt of additional investigative information, reopen
a case for another coroner's inquest;
(4) upon receipt of the notification required by item (1), review
agency records for information regarding the deceased child or family.
Information available to the department pursuant to Section 20-7-5930
and information which is public under Chapter 4, Title 30, the Freedom
of Information Act, must be available as needed to the county coroner
or medical examiner and county department of social services;
(5) report the activities and findings related to a child fatality to
the State Child Fatality Advisory Committee;
(6) develop a protocol for child fatality reviews;
(7) develop a protocol for the collection of data regarding child
deaths as related to Sections 17-5-140 and 17-5-265 and provide training
to local professionals delivering services to children, county coroners
and medical examiners, and law enforcement agencies on the use of the
protocol;
(8) study the operations of local investigations of child fatalities,
including the statutes, regulations, policies, and procedures of the
agencies involved with children's services and child death investigations;
(9) examine confidentiality and access to information statutes,
regulations, policies, and procedures for agencies with responsibilities
for children, including, but not limited to, health, public welfare,
education, social services, mental health, alcohol and other substance
abuse, and law enforcement agencies and determine whether those
statutes, regulations, policies, or procedures impede the exchange of
information necessary to protect children from preventable deaths. If the
department identifies a statute, regulation, policy, or procedure that
impedes the necessary exchange of information, the department shall
notify the committee and the agencies serving on the committee and the
committee shall include proposals for changes to statutes, regulations,
policies, or procedures in the committee's annual report;
(10) develop a Forensic Pathology Network available to coroners
and medical examiners for prompt autopsy findings;
(11) submit to the Governor and the General Assembly, an annual
report and any other reports prepared by the department, including, but
not limited to, the department's findings and recommendations;
(12) promulgate regulations necessary to carry out its purposes and
responsibilities under this article.
Section 20-7-5920. The purpose of the State Child Fatality Advisory
Committee is to decrease the incidence of preventable child deaths by:
(1) developing an understanding of the causes and incidence of
child deaths;
(2) developing plans for and implementing changes within the
agencies represented on the committee which will prevent child deaths;
and
(3) advising the Governor and the General Assembly on statutory,
policy, and practice changes which will prevent child deaths.
(B) To achieve its purpose, the committee shall:
(1) meet with the department no later than one month after the
department receives notification by the county medical examiner or
coroner pursuant to Section 17-5-140 or 17-5-265 to review the
investigation of the death;
(2) undertake annual statistical studies of the incidence and causes
of child fatalities in this State. The studies shall include an analysis of
community and public and private agency involvement with the
decedents and their families before and subsequent to the deaths; (3) the committee shall consider training, including cross-agency training,
consultation, technical assistance needs, and service gaps. If the
committee determines that changes to any statute, regulation, policy, or
procedure is needed to decrease the incidence of preventable child
deaths, the committee shall include proposals for changes to statutes,
regulations, policies, and procedures in the committee's annual report;
(4) educate the public regarding the incidence and causes of child
deaths, the public role in preventing these deaths, and specific steps the
public can undertake to prevent child deaths. The committee shall enlist
the support of civic, philanthropic, and public service organizations in
performing the committee's education duties;
(5) develop and implement policies and procedures for its own
governance and operation;
(6) submit to the Governor and the General Assembly, an annual
written report and any other reports prepared by the committee,
including, but not limited to, the committee's findings and
recommendations. Annual reports must be made available to the public.
Section 20-7-5930. Upon request of the department and as necessary
to carry out the department's purpose and duties, the department
immediately must be provided:
(1) by a provider of medical care, access to information and records
regarding a child whose death is being reviewed by the department,
including information on prenatal care;
(2) access to all information and records maintained by any state,
county, or local government agency, including, but not limited to, birth
certificates, law enforcement investigation data, county coroner or
medical examiner investigation data, parole and probation information
and records, and information and records of social services and health
agencies that provided services to the child or family, including
information made strictly confidential in Section 20-7-650 concerning
unfounded reports of abuse or neglect.
Section 20-7-5940. When necessary in the discharge of the duties of
the department and upon application of the department, the clerks of
court shall issue a subpoena or subpoena duces tecum to any state,
county, or local agency, board, or commission or to any representative
of any state, county, or local agency, board, or commission or to a
provider of medical care to compel the attendance of witnesses and
production of documents, books, papers, correspondence, memoranda,
and other relevant records to the discharge of the department's duties.
Failure to obey a subpoena or subpoena duces tecum issued pursuant to
this section may be punished as contempt.
Section 20-7-5950. (A) Meetings of the committee and department
are closed to the public and are not subject to Chapter 4, Title 30, the
Freedom of Information Act, when the committee and department are
discussing individual cases of child deaths.
(B) Except as provided in subsection (C), meetings of the committee
are open to the public and subject to the Freedom of Information Act
when the committee is not discussing individual cases of child deaths.
(C) Information identifying a deceased child or a family member,
guardian, or caretaker of a deceased child, or an alleged or suspected
perpetrator of abuse or neglect upon a child may not be disclosed during
a public meeting and information regarding the involvement of any
agency with the deceased child or family may not be disclosed during a
public meeting.
(D) Violation of this section is a misdemeanor and, upon conviction,
a person must be fined not more than five hundred dollars or imprisoned
not more than six months, or both.
Section 20-7-5960. (A) All information and records acquired by the
committee and by the department in the exercise of their purposes and
duties pursuant to this article are confidential, exempt from disclosure
under Chapter 4, Title 30, the Freedom of Information Act, and only
may be disclosed as necessary to carry out the committee's and
department's duties and purposes.
(B) Statistical compilations of data which do not contain information
that would permit the identification of a person to be ascertained are
public records.
(C) Reports of the committee and department which do not contain
information that would permit the identification of a person to be
ascertained are public information.
(D) Except as necessary to carry out the committee's and
department's purposes and duties, members of the committee and
department and persons attending their meeting may not disclose what
transpired at a meeting which is not public under Section 20-7-5940 and
may not disclose information, the disclosure of which is prohibited by
this section.
(E) Members of the committee, persons attending a committee
meeting, and persons who present information to the committee may not
be required to disclose in any civil or criminal proceeding information
presented in or opinions formed as a result of a meeting, except that
information available from other sources is not immune from
introduction into evidence through those sources solely because it was
presented during proceedings of the committee or department or because
it is maintained by the committee or department. Nothing in this
subsection may be construed to prevent a person from testifying to
information obtained independently of the committee or which is public
information.
(F) Information, documents, and records of the committee and
department are not subject to subpoena, discovery, or the Freedom of
Information Act, except that information, documents, and records
otherwise available from other sources are not immune from subpoena,
discovery, or the Freedom of Information Act through those sources
solely because they were presented during proceedings of the committee
or department or because they are maintained by the committee or
department.
(G) Violation of this section is a misdemeanor and, upon conviction,
a person must be fined not more than five hundred dollars or imprisoned
for not more the six months, or both."
D. The 1976 Code is amended by adding:
"Section 17-5-140. The county coroner within twenty-four
hours or one working day shall notify the department when a child dies
in any county of the State:
(1) as a result of violence;
(2) when unattended by a physician;
(3) in any suspicious or unusual manner; or
(4) when the death is unexpected and unexplained.
For the purposes of this section, a child is not considered to be
`unattended by a physician' when a physician has, before death, provided
diagnosis and treatment following a fatal injury."
E. The 1976 Code is amended by adding:
"Section 17-5-265. The county medical examiner within
twenty-four hours or one working day shall notify the department when
a child dies in any county of the State:
(1) as a result of violence;
(2) when unattended by a physician;
(3) in any suspicious or unusual manner; or
(4) when the death is unexpected and unexplained.
For the purposes of this section, a child is not considered to be
`unattended by a physician' when a physician has, before death, provided
diagnosis and treatment following a fatal injury."
F. The 1976 Code is amended by adding:
"Section 17-5-150. If the home or premises last inhabited by a
child is not the scene of the death of a child, the coroner, while
conducting an investigation of the death, may petition the local
magistrate of the appropriate judicial circuit for a warrant to inspect the
home or premises inhabited by the deceased before death. The local
magistrate shall issue the inspection warrant upon probable cause to
believe that events in the home or premises may have contributed to the
death of the child."
G. The 1976 Code is amended by adding:
"Section 17-5-275. If the home or premises last inhabited by a
child is not the scene of the death of a child, the medical examiner, while
conducting an investigation of the death, may petition the circuit court
of the appropriate judicial circuit for a warrant to inspect the home or
premises inhabited by the deceased before death. The circuit court shall
issue the inspection warrant upon probable cause to believe that events
in the home or premises may have contributed to the death of the
child."
H. Section 20-7-490(B) of the 1976 Code is amended to read:
"(B) `Abused or neglected child' means a child whose death
results from or whose physical or mental health or welfare is
harmed or threatened with harm, as defined by items (C) and (D) of
this Section, by the acts or omissions of his parent, guardian, or
other person responsible for his welfare."
I. Section 20-7-510(A) of the 1976 Code is amended to read:
"(A) Any physician, nurse, dentist, optometrist, medical
examiner or coroner, or employee of a county medical examiner's or
coroner's office, or any other medical, emergency medical
services, mental health or allied health professional, Christian
Science Practitioner, religious healer, school teacher or counselor, social
or public assistance worker, child care worker in any day care center or
child caring institution, police or law enforcement officer,
undertaker, funeral home director, or employee of a funeral home,
or any judge having reason to believe that a child's physical or mental
health or welfare has been or may be adversely affected by abuse or
neglect is required to report or cause a report to be made in
accordance with this section."
J. Section 20-7-650(F) of the 1976 Code is amended by adding at the
end:
"However, the confidentiality and disclosure provisions of this
subsection do not apply to information requested by the Department of
Child Fatalities pursuant to Section 20-7-5930; and the information
pertaining to an unfounded case must be released to the Department of
Child Fatalities when the request is made pursuant to Section 20-7-5930."
K. Section 20-7-690(C) of the 1976 Code, as last amended by Act 441
of 1988, is further amended by adding appropriately numbered items to
read:
"( ) County medical examiners or coroners who are
investigating the death of a child in accordance with Section 17-5-140,
17-5-150, or 17-5-265; and
( ) The committee and department in accordance with the exercise
of its purpose and duties pursuant to Article 26, Chapter 7, Title
20."
L. Section 44-63-110 of the 1976 Code, as last amended by Act 341
of 1988, is further amended to read:
"Section 44-63-110. For making, furnishing, or certifying any
card, certificate, or certified copy of the record, for filing a record
amendment according to the provisions of Section 44-63-60, 44-63-80, 44-63-90, or 44-63-100, or for searching the record,
when no card, certificate, or certified copy is made, a fee in an amount
as determined by the Board of Health and Environmental Control must
be paid by the applicant. The amount of the fee established by the board
may not exceed the cost of the services performed and to the extent
possible must be charged on a uniform basis throughout the State.
However, a two-dollar surcharge must be added to the fee amount
for an original death certificate as determined by the Board of Health
and Environmental Control and the surcharge must be remitted to the
general fund and appropriated to the Department of Child Fatalities by
July first of each year. When verification of the facts contained in
these records is needed for Veterans' Administration purposes in
connection with a claim, it must be furnished without charge to the
South Carolina Department of Veterans' Affairs or to a county veterans'
affairs officer upon request and upon the furnishing of satisfactory
evidence that the request is for the purpose authorized in this
chapter."
M. The State Child Fatalities Advisory Committee, created in Section
20-7-5910 of the 1976 Code, as contained in Section 3 of this act, shall
hold its first meeting within one month of this act's effective date.
N. The Child Fatalities Department, created in Section 20-7-5910 of
the 1976 Code, as contained in Section 3 of this act, must be formed
within one month of this act's effective date.
O. The South Carolina Department of Social Services shall transfer all
funds, positions, records, property, and equipment related to the child
fatality review process in that agency to the Department of Child
Fatalities.
SECTION 14
TO AMEND THE 1976 CODE, BY ADDING SECTION 12-36-915
SO AS TO PROVIDE A SURCHARGE OF ONE DOLLAR FOR
EACH ADULT FILM, VIDEO, OR RECORDING SOLD OR
RENTED AT RETAIL, AND TO DEFINE "ADULT FILM,
VIDEO, OR RECORDING" AND OTHER TERMS USED IN
THIS SECTION, AND PROVIDE THAT REVENUE FROM THE
SURCHARGE IMPOSED BY THIS SECTION MUST BE
DEPOSITED IN THE GENERAL FUND OF THE STATE WITH
THE FIRST FIFTY THOUSAND DOLLARS EACH YEAR
COLLECTED BE FORWARDED TO THE RAPE CRISIS
CENTERS UNDER THE DEPARTMENT OF HEALTH AND
ENVIRONMENTAL CONTROL.
The 1976 Code is amended by adding:
"Section 12-36-915. (A) As used in this section, unless the
context otherwise requires:
(1) `Adult film, video, or recording' means a film, video, or
recording that is distinguished or characterized by its emphasis on matter
depicting, describing, or relating to specified anatomical areas or
specified sexual activities.
(2) `Specified anatomical areas' means:
(a) less than completely and opaquely covered human genitals
and pubic regions, buttocks, or female breasts below a point immediately
above the top of the areola.
(b) human male genitals in a discernibly turgid state, even if
completely and opaquely covered.
(3) `Specified sexual activities' means:
(a) human genitals in a state of sexual stimulation or arousal;
(b) acts of human masturbation, sexual intercourse, or sodomy;
or
(c) fondling or other erotic touchings of human genitals and
pubic regions, buttocks, or female breasts.
(B) Any retailer who makes a sale at retail or rental of any adult film,
video, or recording shall pay to the commission a per item surcharge of
one dollar for each adult film, video, or recording sold or rented at retail.
(C) The provisions of this chapter pertaining to the administration of
the sales tax govern the administration of the surcharge imposed by this
section. Revenue from the surcharge imposed by this section is not a
portion of sales tax collections for purposes of Section 12-36-910 and
the entire revenue from the surcharge must be deposited in the general
fund of the State provided that each year the first fifty thousand dollars
collected must be forwarded to the Rape Crisis Centers under the
Department of Health and Environmental Control."
SECTION 15
ALLOWING THE CORPORATE HEADQUARTERS CREDIT OF
CERTAIN GROUPS OF CORPORATIONS FILING A
CONSOLIDATED 1990 SOUTH CAROLINA CORPORATE
INCOME TAX RETURN TO BE DETERMINED ON A
CONSOLIDATED BASIS BY AGGREGATING CORPORATE
HEADQUARTERS FUNCTIONS, EXPENDITURE AND
EMPLOYMENT CREATIONS, AND CLASSIFICATIONS OF
THE CORPORATIONS AND TO PROVIDE THAT THE
RESULTING AGGREGATE CREDITS MAY BE CLAIMED
AGAINST THE CORPORATE LICENSE TAX OF ANY
CORPORATE MEMBER OF THE GROUP.
In the case of a group of corporations that filed a consolidated South
Carolina corporate income tax return in 1990, if that group had
aggregate expenditures in 1990 in excess of fifteen million dollars for
qualifying real property costs under Section 12-7-1245 of the 1976 Code
for facilities and property to be used substantially in connection with the
supervision or management of restaurant and food service businesses
and activities related thereto, the determination after 1989 of the
eligibility under Section 12-7-1245 of the 1976 Code for credits against
any tax due pursuant to Section 12-19-70 of the 1976 Code must be
made on a consolidated basis by aggregating the corporate headquarters
functions, the expenditures and the employment creations and
classifications of the members of the group, and any resulting credits
may be utilized against the tax liability under Section 12-19-70 of the
1976 Code of any member of the group.
SECTION 16
TO AMEND SECTION 12-36-2610, AS AMENDED, OF THE 1976
CODE, RELATING TO THE DISCOUNT ALLOWED FOR
TIMELY PAYMENT OF THE SALES TAX, SO AS TO ALLOW
A DISCOUNT NOT TO EXCEED TEN THOUSAND DOLLARS
IN ONE STATE FISCAL YEAR FOR AN OUT-OF-STATE
RETAILER VOLUNTARILY COLLECTING AND REMITTING
USE TAX ON TANGIBLE PERSONAL PROPERTY SOLD TO
CUSTOMERS IN THIS STATE.
A. Whereas, the General Assembly notes that there are many retail
sales transactions for which there is no obligation to collect the South
Carolina use tax under Quill v. North Dakota, 112 S.Ct. 1904
(1992); and
Whereas, to encourage the collection of South Carolina's use tax and
to alleviate undue burdens of collections dealing with nonresident
retailers an increased discount is appropriate. Now, therefore,
B. The second paragraph of Section 12-36-2610 of the 1976 Code, as
amended by Act 501 of 1992, is further amended to read:
"In no case is a discount allowed if the return, or the tax on it is
received after the due date, pursuant to Section 12-36-2570, or after the
expiration of any extension granted by the commission. The discount
permitted a taxpayer under this section may not exceed three thousand
dollars during any one state fiscal year. However, a person making
sales into this State who cannot be required to register for sales and use
tax under applicable law but who nevertheless voluntarily registers to
collect and remit use tax on items of tangible personal property sold to
customers in this State is entitled to a discount on returns filed as
otherwise provided in this section not to exceed ten thousand dollars
during any one state fiscal year."
C. This section takes effect July 1, 1993.
SECTION 17
TO AMEND SECTION 12-4-340, AS AMENDED, OF THE 1976
CODE, RELATING TO THE AUTHORITY TO CONTRACT
WITH COLLECTION AGENCY TO COLLECT DELINQUENT
TAXES, SO AS TO PROVIDE FOR THE COLLECTION FROM
ANY TAXPAYER.
Section 12-4-340 of the 1976 Code, as last amended Act 50 of 1991, is
further amended to read:
"Section 12-4-340. The commission, for the purposes of
collecting delinquent taxes due from a taxpayer not residing in the
State, may contract with a collection agency, within or without the
State, for the collection of delinquent taxes, including penalties and
interest as provided in Section 12-54-227."
SECTION 18
TO AMEND SECTION 12-9-510 OF THE 1976 CODE,
RELATING TO PAYMENTS TO THE TAX COMMISSION
UPON THE SALE OF REAL PROPERTY AND ASSOCIATED
TANGIBLE PERSONAL PROPERTY OWNED BY A
NONRESIDENT, SO AS TO PROVIDE OPTIONS FOR THE
SELLER IF HE FINANCES ALL OR PART OF THE
TRANSACTION.
Section 12-9-510 of the 1976 Code is amended by adding an
appropriately lettered subsection to read:
"( ) If a seller finances all or part of the transaction, in lieu of
remitting the tax due on each installment payment, the seller may give
the buyer an affidavit stating that, for state income tax purposes, he will
elect out of installment sales treatment, as defined by Section 453 of the
Internal Revenue Code, and remit the entire amount of tax to be due
over the period of the installment agreement, no later than the date
provided in Section 12-9-530."
SECTION 19
TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO
PROPERTY CLASSIFICATION AND ASSESSMENT RATIOS
FOR PURPOSES OF AD VALOREM TAXES, SO AS TO
PROVIDE THAT THE FOUR PERCENT ASSESSMENT RATIO
FOR OWNER OCCUPIED RESIDENTIAL REAL PROPERTY
APPLIES WHEN THE REAL PROPERTY IS HELD IN TRUST
AND THE TRUSTEE CERTIFIES TO THE ASSESSOR THAT
THE RESIDENCE IS OCCUPIED BY THE INCOME
BENEFICIARY OF THE TRUST, AND TO AMEND SECTION 12-37-266, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO THE APPLICATION OF THE HOMESTEAD
EXEMPTION TO PROPERTY HELD IN TRUST FOR LIFE, SO
AS TO PROVIDE THAT THE EXEMPTION APPLIES WHEN
THE OTHERWISE ELIGIBLE BENEFICIARY OF A TRUST
POSSESSES USE OF THE DWELLING.
A. Section 12-43-220(c) of the 1976 Code, as last amended by Act
361 of 1992, is further amended to read:
"The legal residence and not more than five acres contiguous
thereto, when owned totally or in part in fee or by life estate and
occupied by the owner of the interest, is taxed on an assessment equal
to four percent of the fair market value of the property. If residential
real property is held in trust and the income beneficiary of the trust
occupies the property as a residence, then the assessment ratio allowed
by this item applies if the trustee certifies to the assessor that the
property is occupied as a residence by the income beneficiary of the
trust. When the legal residence is located on leased or rented
property and the residence is owned and occupied by the owner of a
residence on leased property, even though at the end of the lease period
the lessor becomes the owner of the residence, the assessment for the
residence is at the same ratio as provided in this item. If the lessee of
property upon which he has located his legal residence is liable for taxes
on the leased property, then the property upon which he is liable for
taxes, not to exceed five acres contiguous to his legal residence, must be
assessed at the same ratio provided in this item. If this property has
located on it any rented mobile homes or residences which are rented or
any business for profit, this four percent value does not apply to those
businesses or rental properties. This subsection (c) is not applicable
unless the owner of the property or his agents make written application
to the county assessor on or before the first penalty date for taxes due for
the first tax year in which the assessment under this article is made and
certify to the following statement: `Under the penalty of perjury I certify
that I meet the qualifications for the special assessment ratio for a legal
residence as of January first of the appropriate tax year'."
B. Section 12-37-266 of the 1976 Code is amended to read:
"Section 12-37-266. (1) When a trustee holds legal title to a
dwelling that is the legal residence of a person
beneficiary sixty-five years of age or older, or totally and
permanently disabled, or blind, and such the
person beneficiary possesses the use of the dwelling
for life, the dwelling shall be is exempt from
property taxation in the amount and manner as dwellings are exempt
under Section 12-37-250 of the 1976 Code (homestead exemption);
provided, that such person if the beneficiary meets the other
conditions required for such the exemption. The trustee
shall annually shall make application
apply to the county auditor for the exemption on a form
approved by the Comptroller General.
(2) The Comptroller General shall reimburse the taxing entity for the
taxes not collected by reason of the exemption in the same manner and
under the same conditions as reimbursement is provided for
such the exemption by allowed pursuant
to Section 12-37-250 of the 1976 Code."
SECTION 20
TO PROVIDE THAT FROM THE REVENUES OF THE PUBLIC
RAILWAYS COMMISSION, THE SUM OF TWO MILLION
DOLLARS ANNUALLY MUST BE TRANSMITTED BY THE
COMMISSION TO THE STATE TREASURER FOR DEPOSIT IN
THE GENERAL FUND OF THE STATE FOR FISCAL YEAR
1993-94 ONLY AND TO PROVIDE FOR THE USE OF THE
REVENUE.
A. For fiscal year 1993-94 only, from the revenues of the Public
Railways Commission, the sum of two million dollars must be
transmitted by the Commission to the State Treasurer for deposit in the
general fund of the State. The revenue provided by this section must be
used as follows:
school buses-$1,000,000
prisons-$1,000,000."
B. This section takes effect July 1, 1993.
SECTION 21
TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO THE ADMINISTRATION OF
GOVERNMENT BY ADDING CHAPTER 31 SO AS TO CREATE
A STATE COMMISSION FOR MINORITY AFFAIRS AND TO
PROVIDE FOR ITS FUNCTIONS, DUTIES, AND POWERS.
A. Title 1 of the 1976 Code is amended by adding:
"CHAPTER 31
State Commission for Minority Affairs
Section 1-31-10. There is created a State Commission for Minority
Affairs to be staffed by a director and other personnel as determined
appropriate by the commission consistent with funds appropriated by the
General Assembly in the annual general appropriations act for this
purpose or from matching funds available for this purpose. The
commission consists of five members elected by the General Assembly
for terms of four years and until their successors are elected and qualify,
provided that of those members first elected, two must be elected for
initial two-year terms as determined by the General Assembly when
conducting the first elections. A vacancy must be filled for the remainder
of the unexpired term in the same manner of original election. A
majority of the members of the commission must be of a minority race.
Section 1-31-20. The Commission for Minority Affairs shall:
(1) provide the minority community with a single point of contact
for statistical and technical assistance in the areas of research and
planning for a greater economic future;
(2) work with minority officials on the state, county, and local levels
of government in disseminating statistical data and its impact on their
constituencies;
(3) provide for publication of a statewide statistical abstract on
minority affairs;
(4) provide statistical analyse s for members of the General
Assembly on the state of minority communities as the State experiences
economic growth and changes; and
(5) provide the minority community with assistance and information
on Voting Rights Act submissions in the State, as well as other related
areas of concern to the minority community.
Section 1-31-30. The commission may promulgate those
regulations necessary to carry out its duties under this chapter."
B. This section takes effect July 1, 1993.
SECTION 22
TO PROVIDE THAT FROM THE REVENUES OF THE PUBLIC
RAILWAYS COMMISSION, THE SUM OF ONE AND ONE-HALF MILLION DOLLARS MUST BE TRANSMITTED BY THE
COMMISSION TO THE STATE TREASURER FOR DEPOSIT IN
THE GENERAL FUND OF THE STATE FOR FISCAL YEAR
1993-94 ONLY AND TO PROVIDE FOR THE USE OF THE
REVENUE.
A. For fiscal year 1993-94 only and in addition to any other mandated
transfers, from the revenues of the Public Railways Commission, the
sum of one and one-half million dollars must be transmitted by the
Commission to the State Treasurer for deposit in the general fund of the
State. The revenue provided by this section must be used for the ETV
transponder."
B. This section takes effect July 1, 1993.
DIVISION V
All acts or parts of acts inconsistent with any of the provisions of
Divisions I through III of this Act are suspended for the Fiscal Year
1993-94. All acts or parts of acts inconsistent with any of the provisions
of this act are repealed.
Except as otherwise specifically provided, this act takes effect
immediately upon its approval by the Governor.
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