H*3880 Session 107 (1987-1988)
H*3880(Rat #0770, Act #0658 of 1988) General Bill, By House Ways and Means
General Appropriations Bill.-st
03/08/88 House Introduced, read first time, placed on calendar
without reference HJ-1801
03/09/88 House Special order, set for Mon., 03/14/88, at 1:00 p
m after introduction of Bills HJ-1844
03/14/88 House Amended HJ-1950
03/14/88 House Debate interrupted HJ-2030
03/15/88 House Amended HJ-2041
03/15/88 House Read second time HJ-2107
03/16/88 House Read third time and sent to Senate HJ-2123
03/17/88 Senate Introduced and read first time SJ-5
03/17/88 Senate Referred to Committee on Finance SJ-8
05/10/88 Senate Committee report: Favorable with amendment
Finance SJ-14
05/10/88 Senate Debate interrupted SJ-18
05/11/88 Senate Amended SJ-35
05/11/88 Senate Debate interrupted SJ-49
05/12/88 Senate Amended SJ-80
05/12/88 Senate Debate interrupted SJ-93
05/13/88 Senate Amended SJ-15
05/13/88 Senate Read second time SJ-63
05/13/88 Senate Ordered to third reading with notice of
amendments SJ-63
05/17/88 Senate Amended SJ-20
05/17/88 Senate Debate interrupted SJ-49
05/18/88 Senate Amended SJ-8
05/18/88 Senate Debate interrupted SJ-40
05/19/88 Senate Amended SJ-17
05/19/88 Senate Read third time SJ-97
05/19/88 Senate Returned SJ-97
05/24/88 House Senate amendment amended HJ-3962
05/24/88 House Returned HJ-3967
05/24/88 Senate Non-concurrence in House amendment SJ-28
05/24/88 House House insists upon amendment and conference
committee appointed Reps. McLellan, Boan & J.
Rogers HJ-3973
05/24/88 Senate Conference committee appointed Sens. Waddell,
Lindsay, Moore SJ-32
05/31/88 Senate Free conference powers granted SJ-5
05/31/88 Senate Free conference committee appointed Sens.
Waddell, Lindsay, Moore SJ-5
05/31/88 House Free conference powers granted HJ-4436
05/31/88 House Free conference committee appointed McLellan, J
Rogers & Boan HJ-4437
06/02/88 House Free conference report received HJ-4699
06/02/88 House Free conference report adopted HJ-4699
06/02/88 Senate Free conference report received SJ-32
06/02/88 Senate Free conference report adopted SJ-32
06/02/88 Senate Ordered enrolled for ratification SJ-44
06/02/88 Ratified R 770
06/08/88 Certain items vetoed by Governor
06/20/88 House Veto sustained on certain items: Nos. 1,2,3,4,5
06/20/88 Effective date 07/01/88
06/20/88 Act No. 658
06/20/88 See act for exception to or explanation of
effective date
No. 658
(R770, H3880)
AN ACT TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE
GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 1988, AND FOR OTHER PURPOSES;
TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION
OF THE STATE GOVERNMENT DURING THE FISCAL YEAR; TO APPROPRIATE FUNDS ALLOTTED TO
THE STATE GOVERNMENT UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (FEDERAL); TO
AMEND SECTION 11-1-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTS
BY THE STATE TREASURER TO THE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE
COMMITTEE ON EARNINGS ON STATE INVESTMENTS, SO AS TO REVISE THE REPORTING
REQUIREMENTS AND DELETE THE REPORTING FUNCTIONS OF THE COMPTROLLER GENERAL; TO
AMEND SECTION 26-1-30, RELATING TO THE FEE FOR ISSUING OR RENEWING A NOTARY
PUBLIC COMMISSION, SO AS TO INCREASE THE FEE FROM TWENTY TO TWENTY-FIVE DOLLARS;
TO REPEAL CHAPTER 47, TITLE 46 OF THE 1976 CODE, "THE SOUTH CAROLINA STATE
FAMILY FARM DEVELOPMENT AUTHORITY ACT", AND TO TRANSFER FUNDS HELD BY THE
SOUTH CAROLINA CREDIT UNION LEAGUE PENDING THE CHARTER FOR THE CREDIT UNION OF
THE FAMILY FARM DEVELOPMENT AUTHORITY, WHICH WAS NEVER GRANTED, TO THE STATE
TREASURER FOR DEPOSIT IN THE GENERAL FUND OF THE STATE; TO AMEND SECTION
12-27-1270, AS AMENDED, RELATING TO THE ECONOMIC DEVELOPMENT ACCOUNT FUNDED FROM
THE REVENUE LEVIED IN SECTIONS 12-27-1210 THROUGH 12-27-1240, SO AS TO AUTHORIZE
THE SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT TO SPEND FROM
THIS ACCOUNT AN AMOUNT NOT TO EXCEED FIVE HUNDRED THOUSAND DOLLARS IN FISCAL YEAR
1988-89 AND THEREAFTER AN AMOUNT NOT TO EXCEED SIXTY THOUSAND DOLLARS ANNUALLY
FOR A STATE INFRASTRUCTURE MODEL; TO PROVIDE FOR THE RECOMPUTATION OF THE AVERAGE
FINAL COMPENSATION OF CERTAIN STATE EMPLOYEES WHO SERVED UNDER CONTRACT AND WHO
RETIRED DURING FISCAL YEAR 1985-86; TO AMEND SECTION 59-21-320, RELATING TO STATE
AID FOR SCHOOL BUILDING CONSTRUCTION, SO AS TO PROVIDE FIFTEEN DOLLARS PER PUPIL
IN STATE AID FOR PUPILS IN PUBLIC KINDERGARTEN BEGINNING WITH THE 1988-89 FISCAL
YEAR AND TO PROVIDE THAT ALL STATE AID UNDER THIS SECTION BE BASED ON THE ONE
HUNDRED THIRTY-FIVE DAY COUNT OF AVERAGE DAILY MEMBERSHIP IN SCHOOL DISTRICTS AS
OF THE LAST COMPLETED SCHOOL YEAR ENDING IN THE CALENDAR YEAR BEFORE THE CALENDAR
YEAR IN WHICH THE FISCAL YEAR BEGINS; TO AMEND THE 1976 CODE BY ADDING SECTION
59-1-449 SO AS TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO REPORT STATE AND
LOCAL FUNDING REQUIREMENTS TO LOCAL ENTITIES THAT HAVE AUTHORITY TO LEVY SCHOOL
TAXES; TO AMEND SECTION 12-35-1557, RELATING TO THE DUTIES OF SCHOOL DISTRICTS
TO MAINTAIN THE PER PUPIL EFFORT FOR NONCAPITAL PROGRAMS AND THE AVAILABLE WAIVER
OF THE REQUIREMENTS, SO AS TO PROVIDE THAT A SCHOOL DISTRICT MAY OBTAIN A WAIVER
FROM THE STATE BOARD OF EDUCATION IF THE DISTRICT DEMONSTRATES FOR ONE YEAR THAT
IT HAS ACHIEVED OPERATING EFFICIENCIES AND ALL EDUCATION REQUIREMENTS ARE BEING
MET AND IF A MID-YEAR REVENUE SHORTFALL RESULTS IN A REDUCTION IN THE
APPROPRIATION PURSUANT TO THE EDUCATION FINANCE ACT, TO PROVIDE THAT A DECLINE
IN MEASURED ACADEMIC ACHIEVEMENT VOIDS ANY WAIVER GRANTED AND MAKES THE DISTRICT
INELIGIBLE TO APPLY FOR A WAIVER FOR TWO CONSECUTIVE YEARS, TO PROVIDE THAT IF
A DISTRICT'S STUDENT ACHIEVEMENT DECLINES, THE DISTRICT REVERTS TO THE MINIMUM
EFFORT REQUIREMENT ADJUSTED FOR THE PRIOR YEAR'S INFLATION FACTOR, AND TO PROVIDE
THAT THE WAIVER FOR MID-YEAR REDUCTION IN THE EDUCATION FINANCE ACT APPROPRIATION
DOES NOT APPLY TO FUNDS NEEDED TO MEET THE MINIMUM SALARY SCHEDULE FOR TEACHERS;
TO AMEND SECTION 59-20-40, AS AMENDED, RELATING TO STATE AID TO SCHOOL DISTRICTS
PURSUANT TO THE EDUCATION FINANCE ACT, SO AS TO ADD A WEIGHTING FOR ADULT
EDUCATION AND TO PROVIDE THAT THE NUMBER OF WEIGHTED ADULT EDUCATION PUPIL UNITS
FUNDED DEPENDS ON THE AVAILABILITY OF GENERAL FUND REVENUES AND EDUCATION
IMPROVEMENT ACT OF 1984 FUND RESERVES WITH NO LOCAL MATCH REQUIRED; TO AMEND THE
1976 CODE BY ADDING SECTION 59-1-448 SO AS TO PROHIBIT THE USE OF FUNDS
APPROPRIATED BY THE GENERAL ASSEMBLY TO RAISE SALARIES OF PUBLIC SCHOOL
PRINCIPALS AND PUBLIC VOCATIONAL SCHOOL DIRECTORS TO MEET THE REQUIREMENTS OF ANY
REGULATION PROMULGATED BY THE STATE BOARD OF EDUCATION ESTABLISHING A MINIMUM
DIFFERENTIAL IN THE SALARIES OF TEACHERS AND PRINCIPALS OR VOCATIONAL SCHOOL
DIRECTORS ON LESS THAN A MONTHLY BASIS; TO AMEND THE 1976 CODE BY ADDING SECTION
9-1-1545 SO AS TO PROVIDE THAT A MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM
ELIGIBLE FOR BOTH SERVICE RETIREMENT AND DISABILITY RETIREMENT MAY SUBMIT
APPLICATIONS FOR BOTH RETIREMENTS AND IMMEDIATELY BEGIN TO RECEIVE SERVICE
RETIREMENT BENEFITS UPON QUALIFICATION, AND UPON SUBSEQUENT APPROVAL OF THE
DISABILITY RETIREMENT APPLICATION, THE MEMBER MAY CHOOSE WHICH RETIREMENT HE
RECEIVES; TO REPEAL SECTIONS 59-101-200 THROUGH 59-101-270 AND ITEM (3), SECTION
24, PART II OF ACT 349 OF 1969, RELATING TO THE CHARLESTON HIGHER EDUCATION
CONSORTIUM; TO AMEND SECTION 9-9-40, AS AMENDED, RELATING TO MEMBERSHIP IN THE
RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH
CAROLINA, SO AS TO DELETE THE REQUIREMENT THAT FOR THE SERVICE CREDIT EARNED AS
GOVERNOR AND LIEUTENANT GOVERNOR TO COUNT TOWARD THE EIGHT YEARS' SERVICE CREDIT
THRESHOLD, THE SERVICE MUST BE IMMEDIATELY SUBSEQUENT TO SERVICE IN THE GENERAL
ASSEMBLY; TO AMEND SECTION 12-27-430, RELATING TO THE FUEL ETHANOL MOTOR FUEL TAX
INCENTIVE, SO AS TO INCREASE THE MOTOR FUEL TAX TO NINE CENTS A GALLON UNTIL
JANUARY 1, 1989, AND TEN CENTS A GALLON UNTIL JUNE 30, 1992, AND TO AMEND SECTION
12-35-550, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXTEND THE
EXEMPTION FOR GASOLINE AND OTHER MOTOR FUELS TO ETHANOL BLENDS QUALIFYING FOR
REDUCED MOTOR FUELS TAX DURING THE INCENTIVE PERIOD; TO AMEND SECTION 16-3-1120,
RELATING TO THE POWERS AND DUTIES OF THE DIRECTOR OF THE VICTIMS' COMPENSATION
FUND, SO AS TO DELETE THE REFERENCE TO THE SALARY OF THE DIRECTOR AT THE LEVEL
OF EIGHTY-FIVE PERCENT OF THE SALARY OF MEMBERS OF THE INDUSTRIAL COMMISSION (NOW
WORKERS' COMPENSATION COMMISSION); TO AMEND SECTION 48-21-20, RELATING TO THE
MINING COUNCIL ESTABLISHED PURSUANT TO THE INTERSTATE MINING COMPACT, SO AS TO
PROVIDE THAT COUNCIL MEMBERS AND THE GOVERNOR'S ALTERNATE ON THE INTERSTATE
MINING COMMISSION SHALL RECEIVE THE PER DIEM, MILEAGE, AND SUBSISTENCE ALLOWED
BY LAW FOR MEMBERS OF STATE BOARDS, COMMITTEES, AND COMMISSIONS; TO DESIGNATE
SECTIONS 1-11-10 THROUGH 1-11-420, CHAPTER 11, TITLE 1 OF THE 1976 CODE, AS
ARTICLE 1, ENTITLED "GENERAL PROVISIONS"; TO CODIFY SECTIONS 1 THROUGH
8 OF ACT 117 OF 1987 AS CODE SECTIONS 1-11-500 THROUGH 1-11-570 AND TO DESIGNATE
THOSE CODE SECTIONS AS ARTICLE 3 OF CHAPTER 11 OF TITLE 1, ENTITLED
"ALLOCATION OF STATE CEILING ON ISSUANCE OF PRIVATE ACTIVITY BONDS";
AND TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-395, SO AS TO AUTHORIZE STATE
AGENCIES PROVIDING HEALTH CARE OR SOCIAL SERVICES WHICH HAVE A LEGAL RIGHT TO
REIMBURSEMENT FROM PUBLIC OR PRIVATE SOURCES TO CONTRACT WITH A VENDOR ON A
CONTINGENCY BASIS TO OBTAIN REIMBURSEMENT, TO PERMIT PAYMENTS UNDER THE CONTRACTS
TO BE MADE FROM FUNDS RECOVERED, AND TO REQUIRE THE VENDOR TO BE SELECTED
PURSUANT TO THE APPROPRIATE PROVISIONS OF THE SOUTH CAROLINA CONSOLIDATED
PROCUREMENT CODE AND THE CONTRACT TO BE APPROVED BY THE STATE BUDGET AND CONTROL
BOARD; TO AMEND SECTION 23-36-40, AS AMENDED, RELATING TO LICENSE AND PERMIT
REQUIREMENTS UNDER THE "SOUTH CAROLINA EXPLOSIVES CONTROL ACT",
LIABILITY INSURANCE REQUIREMENT, AND CLASSIFICATION OF BLASTERS, SO AS TO REVISE
THE FEE SCHEDULE AND INCREASE THE FEES; TO AMEND SECTION 12-35-550, AS AMENDED,
RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT THE GROSS PROCEEDS OF SALES
AFTER JULY 1, 1982, OF CONTAINERS AND CHASSIS TO INTERNATIONAL SHIPPING LINES
HAVING A CONTRACTUAL RELATIONSHIP WITH THE SOUTH CAROLINA PORTS AUTHORITY AND
WHICH ARE USED IN THE STATE IMPORT OR EXPORT OF GOODS TO AND FROM THIS STATE; TO
AMEND SECTIONS 61-3-710 AND 61-5-70, RELATING TO THE EXPIRATION AND VALIDATION
PERIOD FOR LIQUOR LICENSES AND THE REQUIREMENT FOR A SEPARATE LICENSE FOR EACH
LOCATION AND GRANTING OF LICENSE AFTER SUSPENSION OR REVOCATION, SO AS TO CHANGE
THE ANNUAL EXPIRATION DATE FOR LIQUOR LICENSES FROM SEPTEMBER THIRTIETH TO AN
ANNUAL EXPIRATION DATE ACCORDING TO THE COUNTY WHERE LICENSED LOCATION IS
SITUATED, DELETE CERTAIN PROVISIONS OF LAW, AND PROVIDE FOR THE PRORATING OF
LICENSE FEES FOR LICENSE YEAR 1988-89; TO AMEND THE 1976 CODE BY ADDING SECTION
61-1-95, SO AS TO, AMONG OTHER THINGS, REQUIRE A PERSON TO SURRENDER PROMPTLY A
LICENSE OR PERMIT ISSUED UNDER TITLE 61 UNDER CERTAIN CIRCUMSTANCES, PROVIDE THAT
ALL LICENSES AND PERMITS MUST BE ISSUED FOR A DESIGNATED LOCATION AND MAY NOT BE
TRANSFERRED TO ANY OTHER LOCATION, AND PROVIDE FOR THE PERSONS TO WHOM A LICENSE
OR PERMIT MAY NOT BE ISSUED UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION
61-5-80, RELATING TO THE SCHEDULE FOR PAYMENT AND THE AMOUNT OF LICENSE FEES, SO
AS TO CHANGE THE SCHEDULE FOR PERSONS INITIALLY APPLYING FOR A LICENSE FROM A
MONTHLY PERIOD TO A QUARTERLY PERIOD; TO AMEND SECTION 61-7-80, RELATING TO
REGISTRATION OF PRODUCERS OF ALCOHOLIC LIQUORS, APPLICATIONS, TERMS, AND FEES,
SO AS TO CHANGE THE BEGINNING DATE FOR PRORATING APPLICATION FEES FROM JANUARY
FIRST TO MARCH FIRST OF EACH YEAR, AND TO CHANGE THE ENDING DATE FOR THE
VALIDATION PERIOD FOR REGISTRATION CERTIFICATES FROM JUNE THIRTIETH TO AUGUST
THIRTY-FIRST OF EACH YEAR; TO AMEND SECTION 61-7-90, RELATING TO THE REGISTRATION
OF BRANDS OF ALCOHOLIC LIQUORS, APPLICATIONS, TERMS, AND FEES, SO AS TO CHANGE
THE ENDING DATE FOR THE VALIDATION PERIOD FOR REGISTRATION CERTIFICATES FOR
BRANDS OF ALCOHOLIC LIQUORS FROM JUNE THIRTIETH TO AUGUST THIRTY-FIRST OF EACH
YEAR; TO AMEND SECTION 61-7-130, RELATING TO LICENSING OF PRODUCERS' WAREHOUSES,
APPLICATIONS, TERMS, AND FEES, SO AS TO CHANGE THE BEGINNING DATE FOR PRORATING
FEES FROM JANUARY FIRST TO MARCH FIRST OF EACH YEAR, AND TO CHANGE THE ENDING
DATE FOR THE VALIDATION PERIOD FOR WAREHOUSE LICENSES FROM JUNE THIRTIETH TO
AUGUST THIRTY-FIRST OF EACH YEAR; TO AMEND SECTION 61-9-310, AS AMENDED, RELATING
TO PERMITS AND FILING FEES TO SELL BEER AND WINE, SO AS TO CHANGE THE ANNUAL
EXPIRATION DATE FOR PERMITS FROM SEPTEMBER THIRTIETH TO AN ANNUAL EXPIRATION DATE
ACCORDING TO THE COUNTY WHERE THE LICENSED LOCATION IS SITUATED; TO AMEND CHAPTER
9, TITLE 61, RELATING TO PROVISIONS ON THE REGULATION OF BEER AND WINE, BY ADDING
ARTICLE 2 SO AS TO TRANSFER AUTHORITY TO THE ALCOHOLIC BEVERAGE CONTROL
COMMISSION TO PERFORM THE DUTIES AS PROVIDED TO THE TAX COMMISSION IN SECTIONS
12-21-1510 THROUGH 12-21-1590 AND 12-21-1610 RELATING TO THE REGISTRATION OF BEER
AND WINE PRODUCERS; TO AMEND THE 1976 CODE BY ADDING SECTION 61-13-515 SO AS TO
PROVIDE RESTRICTIONS ON THE CONTROL, OWNERSHIP, AND ISSUANCE OF LICENSES FOR THE
SALE OF ALCOHOLIC BEVERAGES UPON TERMINATION, SUSPENSION, OR REVOCATION OF A
LICENSE; AND TO REPEAL SECTIONS 12-21-1510 THROUGH 12-21-1530 AND 61-9-370; TO
PROVIDE THAT PRIOR TO AUTHORIZATION OF THE EXPENDITURE OF ANY OIL OVERCHARGE
REFUND MONIES PURSUANT TO CERTAIN PROVISIONS OF LAW, THE JOINT LEGISLATIVE
COMMITTEE ON ENERGY SHALL REVIEW AND MAKE A RECOMMENDATION AS TO THE APPROVAL AND
ADOPTION OF THIS STATE'S ENERGY POLICY AND THE SPECIFIC USES FOR PROPOSED ENERGY
CONSERVATION PROGRAMS, PROVIDE THAT THE USE OF THE FUNDS BE WITHIN CERTAIN
RESTRICTIONS, GRANT THE COMMITTEE CONTINUOUS ENERGY PROGRAM OVERSIGHT REGARDING
THE ACTUAL EXPENDITURE AND USE OF THE OIL OVERCHARGE FUNDS, PROVIDE FOR CERTAIN
EVALUATION, PROVIDE FOR THE REPORTING OF CERTAIN COST SAVINGS, PROVIDE FOR THE
DEPOSIT OF THESE FUNDS AND THEIR DISBURSEMENT, AND REQUIRE THE STATE AUDITOR TO
CONDUCT AN ANNUAL FINANCIAL COMPLIANCE AUDIT; TO AMEND SECTION 58-17-150,
RELATING TO REGULATION OF RAILROADS BY THE PUBLIC SERVICE COMMISSION AND THE
AUTHORIZATION TO THE COMMISSION TO REQUIRE IMPROVEMENT OR EXTENSION OF FACILITIES
OR SERVICE OR MODIFICATION IN RATE OF FARES, SO AS TO ALLOW RAILROADS SUBJECT TO
THE JURISDICTION OF THE COMMISSION TO RETIRE TEAM TRACK ON THIRTY DAYS' WRITTEN
NOTICE TO THE COMMISSION IF THE TRACK HAS NOT BEEN USED FOR AT LEAST TWO YEARS,
AND TO PROVIDE THAT THE NOTICE MUST BE ACCOMPANIED BY A FIFTY-DOLLAR FEE AND AN
AFFIDAVIT OF THE RAILROAD'S AGENT OR EMPLOYEE THAT THE TRACK HAS NOT BEEN USED
BY THE PUBLIC FOR THE TWO-YEAR PERIOD PRECEDING ITS RETIREMENT; TO AMEND THE 1976
CODE BY ADDING SECTION 9-1-1860 SO AS TO AUTHORIZE ANY FORMER EMPLOYEE OF A
MUNICIPALITY OF THIS STATE WHICH IS NOT A MEMBER OF THE STATE RETIREMENT SYSTEM
WHO IS EMPLOYED IN THIS STATE BY AN EMPLOYER COVERED BY THE SYSTEM AND WHO IS
CURRENTLY A CONTRIBUTING MEMBER TO ELECT TO RECEIVE PRIOR SERVICE CREDIT FOR
SERVICE RENDERED IN THE MANNER PROVIDED IN SECTION 9-1-1840; TO AMEND SECTION
23-45-140, RELATING TO THE FUNDS COLLECTED AND EXPENDITURES UNDER THE FIRE
PROTECTION SPRINKLER SYSTEMS ACT, SO AS TO DELETE THE PROVISION AUTHORIZING THE
STATE FIRE MARSHAL TO EXPEND MONIES TO ENFORCE THE ACT AND TO PROVIDE FOR THE
STATE FIRE MARSHAL TO CHARGE A FEE FOR SPRINKLER PLAN AND SPECIFICATION REVIEW;
AND TO AMEND SECTION 23-45-160, RELATING TO SMOKE DETECTORS, SO AS TO CHANGE
REFERENCES TO FIRE PROTECTION STANDARDS; TO AMEND THE 1976 CODE BY ADDING SECTION
1-11-142, SO AS TO PROVIDE FOR THE BUDGET AND CONTROL BOARD TO PROVIDE HEALTH AND
DENTAL INSURANCE COVERAGE TO COUNTIES UNDER THE STATE HEALTH INSURANCE PLAN; TO
PROVIDE FOR LONG-TERM CAPITAL GAINS RECOGNIZED IN 1987 OR DURING JANUARY, 1988,
PURSUANT TO A CONTRACT EXECUTED BEFORE JANUARY 1, 1988, TO BE DETERMINED IN
ACCORDANCE WITH SECTION 1202 OF THE INTERNAL REVENUE CODE OF 1954, AS AMENDED,
THROUGH DECEMBER 31, 1985, AND TO PROVIDE FOR THE MANNER IN WHICH ANY REFUNDS
MUST BE MADE TO THE TAXPAYER; TO AMEND SECTION 59-6-10, AS AMENDED, RELATING TO
THE SELECT COMMITTEE ON THE EDUCATION IMPROVEMENT ACT OF 1984, SO AS TO DELETE
THE PROVISIONS FOR THE COMMITTEE TO MAKE RECOMMENDATIONS TO THE STATE BOARD OF
EDUCATION, TO PROVIDE FOR THE COMMITTEE TO SERVE AS THE OVERSIGHT COMMITTEE FOR
THE ACT, AND TO PROVIDE FOR THE DUTIES AND RESPONSIBILITIES OF THE COMMITTEE AND
FOR THE AGENCIES AND ENTITIES RESPONSIBLE FOR IMPLEMENTATION OF THE ACT; TO AMEND
THE 1976 CODE BY ADDING SECTION 2-7-66, SO AS TO PROVIDE FOR THE FORMAT AND
LOCATION IN THE APPROPRIATIONS BILL FOR APPROPRIATIONS FROM THE EDUCATION
IMPROVEMENT ACT OF 1984 FUND FOR AGENCIES AND ENTITIES OTHER THAN THE STATE
DEPARTMENT OF EDUCATION AND TO PROVIDE FOR DISBURSEMENT OF THE FUNDS; TO AMEND
SECTION 12-35-320, AS AMENDED, RELATING TO THE RETAIL LICENSE FEE, SO AS TO
PROVIDE FOR A RETAIL LICENSE AT A FEE OF TWENTY DOLLARS FOR ARTISTS AND CRAFTSMEN
SELLING AT ARTS AND CRAFTS SHOWS OR FESTIVALS PRODUCTS THAT THEY HAVE CREATED OR
ASSEMBLED; TO AUTHORIZE THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY TO ADOPT THE
CALENDAR YEAR AS ITS FISCAL YEAR AND TO PROVIDE THAT THE ADOPTION DOES NOT AFFECT
PAYMENTS MADE BY THE AUTHORITY TO THE GENERAL FUND OF THE STATE; TO AMEND THE
1976 CODE BY ADDING SECTION 12-54-240, SO AS TO PROVIDE THAT THE NONDISCLOSURE
PROVISIONS GOVERNING THE RECORDS OF AND REPORTS AND RETURNS FILED WITH THE SOUTH
CAROLINA TAX COMMISSION PURSUANT TO THE INCOME, ESTATE, GIFT, SALES, AND USE
TAXES, EXTEND TO COMMISSION EMPLOYEES AND EMPLOYEES OR AGENTS OF THE STATE
AUDITOR'S OFFICE, AND TO PROVIDE PENALTIES FOR VIOLATIONS, INCLUDING FORFEITURE
OF AND DISQUALIFICATION FROM STATE EMPLOYMENT AND TERMINATION OF ANY CONTRACT
WITH THE STATE AND DISQUALIFICATION FROM SUBSEQUENT CONTRACTS FOR FIVE YEARS; TO
AUTHORIZE THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION TO COLLECT
ADMINISTRATIVE FEES, NOT TO EXCEED ONE AND ONE-HALF PERCENT OF THE AMOUNT
NEGOTIATED, ASSOCIATED WITH ACCOUNTS RECEIVABLE FOR THOSE INDIVIDUALS OR ENTITIES
WHICH NEGOTIATE REPAYMENT TO THE AGENCY AND TO REQUIRE THE FEES TO BE CREDITED
TO THE GENERAL FUND OF THE STATE; TO AMEND TITLE 27 OF THE 1976 CODE BY ADDING
CHAPTER 18 SO AS TO ENACT THE UNIFORM UNCLAIMED PROPERTY ACT (1981), TO PROVIDE
PENALTIES FOR VIOLATIONS, AND TO REPEAL CHAPTER 17 OF TITLE 27, THE UNIFORM
DISPOSITION OF UNCLAIMED PROPERTY ACT; TO AMEND SECTION 12-35-555, RELATING TO
SALES TAXES ON THE SALE OF MOTOR VEHICLES TO NONRESIDENTS, SO AS TO PROVIDE THAT
THIS PROVISION ALSO APPLIES TO THE SALE OF TRAILERS, SEMI-TRAILERS, AND POLE
TRAILERS, AND TO PROVIDE THAT NO SALES TAXES ON THESE SALES MAY BE IMPOSED UNDER
CERTAIN CONDITIONS; TO AMEND SECTIONS 12-35-880, 12-35-890, 12-35-900, AND
12-35-910, RELATING TO THE USE TAX, SO AS TO REQUIRE USE TAXES TO BE PAID AND USE
TAX RETURNS TO BE FILED ON A MONTHLY RATHER THAN QUARTERLY BASIS AND TO PROVIDE
THAT A MONTHLY RETURN IS CONSIDERED TIMELY FILED IF THE RETURN IS POSTMARKED ON
OR BEFORE THE FILING DEADLINE, AND TO AMEND THE 1976 CODE BY ADDING SECTION
12-35-915, SO AS TO PROVIDE THAT A TAXPAYER IS LIABLE FOR USE TAX THAT DOES NOT
EXCEED ONE HUNDRED DOLLARS A MONTH, THE TAX COMMISSION MAY AUTHORIZE THE TAXPAYER
TO FILE QUARTERLY USE TAX RETURNS AND MAKE QUARTERLY USE TAX PAYMENTS; TO AMEND
THE 1976 CODE BY ADDING SECTION 11-9-125, SO AS TO PROVIDE FOR THE ORDER OF
EXPENDITURE OF FUNDS BY STATE AGENCIES AND TO PROVIDE FOR THE ENFORCEMENT OF THE
REQUIREMENT AND THE REPORTING OF AVAILABLE FUNDS; TO AMEND SECTIONS 56-1-1330 AND
56-5-2990, AS AMENDED, RELATING TO REQUIREMENTS FOR THE PROVISIONAL DRIVER'S
LICENSE AND THE SUSPENSION AND REINSTATEMENT OF THE DRIVER'S LICENSE FOLLOWING
CONVICTION OF THE OFFENSE OF DRIVING UNDER THE INFLUENCE, SO AS TO INCREASE THE
FEES FOR THE ALCOHOL AND DRUG SAFETY ACTION PROGRAM AND PROVIDE FOR CERTAIN
ADDITIONAL FEES; TO AMEND SECTION 9-11-140, RELATING TO THE ACCIDENTAL DEATH
BENEFIT PROGRAM UNDER THE SOUTH CAROLINA POLICE OFFICERS' RETIREMENT SYSTEM, SO
AS TO INCREASE BY TEN PERCENT EFFECTIVE JULY 1, 1988, THE MONTHLY ALLOWANCE OF
BENEFICIARIES UNDER THE PROGRAM WHO WERE RECEIVING BENEFITS UNDER THE PROGRAM ON
JULY 1, 1987; TO AMEND SECTIONS 9-1-1790 AND 9-11-90, BOTH AS AMENDED, RELATING
TO THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS'
RETIREMENT SYSTEM, SO AS TO INCREASE THE AMOUNT A RETIRED MEMBER WHO RETURNS TO
COVERED EMPLOYMENT MAY EARN WITHOUT AFFECTING HIS BENEFITS FROM EIGHT THOUSAND
FIVE HUNDRED DOLLARS TO NINE THOUSAND DOLLARS; TO AMEND THE 1976 CODE BY ADDING
SECTION 11-25-690, SO AS TO PROVIDE THAT ALL STATE AND LOCAL AGENCIES SENDING OUT
BY MAIL A NONDAILY PUBLICATION SHALL INSERT AT LEAST ANNUALLY A NOTICE
PROMINENTLY PLACED, IN AT LEAST TWO CONSECUTIVE ISSUES, WHICH STATES THAT ALL
RECIPIENTS SHALL BE REMOVED FROM THE PUBLICATION'S MAILING LIST UNLESS THEY
REQUEST IN WRITING, AT LEAST TEN DAYS PRIOR TO A CUTOFF DATE SPECIFIED IN THE
NOTICE, THAT THE RECIPIENT WISHES TO CONTINUE RECEIVING THE PUBLICATION, AND TO
PROVIDE THAT IF NO WRITTEN REQUEST FROM A RECIPIENT IS RECEIVED BY THE CUTOFF
DATE, THE PUBLICATION MUST NO LONGER BE MAILED TO THE RECIPIENT; TO AMEND SECTION
12-43-290, AS AMENDED, RELATING TO AUTHORITY OF POLITICAL SUBDIVISIONS TO
INCREASE MILLAGE FOR CERTAIN PURPOSES FOLLOWING YEARS OF REASSESSMENT, SO AS TO
PROVIDE THAT MILLAGE MAY BE INCREASED FOR THE INCREASED COST OF PROVIDING
EXISTING SERVICES, TO PROVIDE THAT THE MILLAGE INCREASE FOR THE INCREASED COST
OF EXISTING SERVICES MUST BE SEPARATELY ITEMIZED ON THE TAX NOTICE, AND TO
PROVIDE THAT THIS SECTION DOES NOT AFFECT LIMITATIONS PROVIDED BY LAW ON THE
TAXING POWER OF SCHOOL DISTRICTS; TO AMEND SECTION 59-130-10, RELATING TO THE
COLLEGE OF CHARLESTON BOARD OF TRUSTEES, TO AMEND SECTION 59-133-10, RELATING TO
THE FRANCIS MARION COLLEGE BOARD OF TRUSTEES, AND TO AMEND SECTION 59-135-10,
RELATING TO THE LANDER COLLEGE BOARD OF TRUSTEES, SO AS TO PROVIDE THAT A
DESIGNEE OF THE GOVERNOR MAY SERVE IN HIS PLACE ON THESE BOARDS OF TRUSTEES; TO
AMEND SECTION 48-23-135, AS AMENDED, RELATING TO THE AUTHORIZATION TO THE
FORESTRY COMMISSION TO BORROW MONEY FOR CERTAIN PURPOSES, SO AS TO REVISE THE
PURPOSES FOR WHICH THIS BORROWING IS AUTHORIZED; TO AMEND THE 1976 CODE BY ADDING
SECTION 9-11-525, SO AS TO INCREASE BY FIFTY DOLLARS A MONTH EFFECTIVE JULY 1,
1988, THE MONTHLY BENEFIT OF BENEFICIARIES OF THE POLICE INSURANCE AND ANNUITY
FUND; TO AMEND SECTION 11-35-1520, RELATING TO COMPETITIVE SEALED BIDDING FOR
PURPOSES OF THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO DELETE THE
REQUIREMENT THAT A RESIDENT VENDOR MAINTAIN AN OFFICE IN THIS STATE AND TO
INCLUDE WITHIN THE DEFINITION OF RESIDENT VENDOR A BUSINESS AUTHORIZED TO
TRANSACT BUSINESS IN THIS STATE WHICH MAINTAINS AN ANNUAL RESIDENT EMPLOYEE GROSS
PAYROLL IN EXCESS OF FIVE MILLION DOLLARS; TO AMEND SECTION 9-11-40, RELATING TO
CLASSIFICATION OF MEMBERS, TRANSFERS OF CONTRIBUTIONS, AND CREDITED SERVICE FOR
PURPOSES OF THE SOUTH CAROLINA POLICE OFFICERS' RETIREMENT SYSTEM, SO AS TO ALLOW
A MEMBER TO TRANSFER CREDITED SERVICE HE RECEIVED UNDER THE SOUTH CAROLINA
RETIREMENT SYSTEM TO THE SOUTH CAROLINA POLICE OFFICERS' RETIREMENT SYSTEM UPON
PAYMENT OF THE FULL COST AS DETERMINED BY THE ACTUARY; TO AMEND SECTIONS 9-1-1140
AND 9-11-50, RELATING TO CREDITED SERVICE FOR MEMBERS OF THE SOUTH CAROLINA
RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS' RETIREMENT SYSTEM, SO
AS TO ALLOW MERCHANT MARINE SEAMAN AND CIVIL SERVICE CREW MEMBERS TO ESTABLISH
CREDIT FOR CERTAIN SERVICE BETWEEN 1941 AND 1945 IN THE SAME MANNER THAT CREDIT
IS ESTABLISHED FOR MILITARY SERVICE; TO AMEND SECTION 2-7-72, RELATING TO THE
REQUIREMENT THAT BILLS AND RESOLUTIONS INTRODUCED IN THE GENERAL ASSEMBLY
REQUIRING EXPENDITURE OF FUNDS HAVE A FISCAL IMPACT STATEMENT, SO AS TO PROVIDE
THAT THE STATEMENT MUST BE SIGNED BY THE DIRECTOR OF THE STATE BUDGET DIVISION
OF THE STATE BUDGET AND CONTROL BOARD OR HIS DESIGNEE RATHER THAN THE STATE
AUDITOR; TO PROHIBIT THE ISSUING OF STATE CAPITAL IMPROVEMENT BONDS FOR BEACH
RENOURISHMENT PROJECTS IN THE ABSENCE OF ANY PROVISION OF LAW ESTABLISHING
SPECIFIC CRITERIA FOR THE DISTRIBUTION OF BOND PROCEEDS FOR THE PROJECTS; TO
IMPOSE A FEE ON THE COMMERCIAL DISPOSAL BY INCINERATION OF INFECTIOUS WASTE EQUAL
TO EIGHTEEN DOLLARS A TON ON WASTE GENERATED OUTSIDE THIS STATE AND THIRTEEN
DOLLARS A TON ON WASTE GENERATED WITHIN THIS STATE, TO PROVIDE FOR MONTHLY
REPORTS OF AND PAYMENT OF FEES FOR WEIGHT OF WASTE RECEIVED FOR INCINERATION AND
DISPOSAL, TO PROVIDE FOR THE ESTABLISHMENT OF AN INFECTIOUS WASTE CONTINGENCY
FUND INTO WHICH FEES ARE DEPOSITED, TO PROVIDE FOR THE USES OF FUND PROCEEDS, TO
SET ASIDE ONE DOLLAR AND FIFTY CENTS OF THE FEE PAID ON EACH FOR RETURN TO
COUNTIES WHERE THE FEES ARE COLLECTED, TO REQUIRE INSPECTION OF FACILITIES AND
A FEE SCHEDULE TO PAY FOR THE INSPECTION, TO DEFINE "INFECTIOUS WASTE",
AND TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM SURPLUS.
Be it enacted by the General Assembly of the State of South Carolina:
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