SECTION 48
To Require School Districts to Defend District Employees When
Requested and When the Action Arises Out of Employment and Such Act
or Omission was Done in Good Faith.
In the event that any employee of any school district in South
Carolina is prosecuted in any action, civil or criminal, or special
proceeding in the courts of this State, or of the United States, by
reason of any act done or omitted in good faith in the course of
his employment, it is made the duty of the school district, when
requested in writing by any such public school employee, to appear
and defend the action or proceeding in his behalf.
SECTION 49
To Amend Chapter 9, Title 23, Code of Laws of South Carolina,
1976, Relating to the State Fire Marshal, by Designating Existing
Provisions of the Chapter as "Article 1" to be Entitled "State Fire
Marshal", and by Adding a New Article 2 to be Entitled "State Arson
Control Program", so as to, Among Other Things, Create the State
Arson Control Program Under the Office of the State Fire Marshal,
Provide the Duties and Responsibilities of This Program, Grant the
Investigators of This Program Certain Powers in the Performance of
Their Duties, Including the Power of Arrest, and Provide That All
Powers Vested in the State Fire Marshal's Office Are Also Vested in
the State Arson Control Program, and to Provide For Funding For the
State Arson Control Program.
A. Chapter 9, Title 23 of the 1976 Code is amended by designating
Sections 23-9-10 through 23-9-180 under 'Article 1' to be entitled
"State Fire Marshal".
B. Chapter 9, Title 23 of the 1976 Code is amended by adding:
"Article 2
State Arson Control Program
Section 23-9-210. There is created the State Arson Control
Program (program) under the office of the State Fire Marshal which
shall provide administrative and logistical support to the program.
The State Arson Control Program shall have an advisory committee
which must be composed of six members appointed by the State Fire
Commission for terms of four years each and until their successors
are appointed and qualify, except that of those members first
appointed, three must be appointed for terms of two years each. One
member must be a law enforcement officer, one must be engaged in
fire service, one must be a chemist, one must be an insurance
agent, one must be a member of the general public representing the
consumer, and one must be employed by an insurer licensed to do
business in this State. Vacancies on the committee must be filled
for the remainder of the unexpired term in the same manner of
original appointment.
This committee shall submit to the Budget and Control Board an
annual report which is prepared by the office of the State Fire
Marshal concerning the operation and effectiveness of the State
Arson Control Program.
The State Law Enforcement Division shall contract with the office
of the State Fire Marshal to provide all necessary laboratory
services and analyses for the program.
Section 23-9-220. The State Arson Control Program, which must be
implemented on July 1, 1984, has the following duties and
responsibilities:
(1) The investigation of all fires involving state-owned
property.
(2) Investigations directed by the Governor.
(3) The investigation of fires where there is a request from a
municipal or county official.
Section 23-9-230. Investigators of the State Arson Control
Program have the powers of other law enforcement officers of this
State, including agents of the State Law Enforcement Division, when
performing their duties, including the power of arrest. In
addition, all powers vested in the State Fire Marshal's office are
also vested in the State Arson Control Program."
C. Funding for the State Arson Control Program for the fiscal
year commencing on July 1, 1984, is as provided in Part I of the
1984-85 General Appropriation Act. Funding thereafter for the State
Arson Control Program must be as provided in the annual general
appropriation act.
D. This section shall take effect July 1, 1984.
SECTION 50
To Amend Sections 9-1-1790 and 9-11-90, Both as Amended, Code of
Laws of South Carolina, 1976, 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
Six Thousand Five Hundred Dollars to Seven Thousand Dollars.
A. Section 9-1-1790 of the 1976 Code, as last amended by Section
50, Part II of Act 151 of 1983, is further amended to read:
"Section 9-1-1790. Any retired member of the System may return to
employment covered by the System and earn up to seven thousand
dollars per fiscal year without affecting the monthly retirement
allowance he is receiving from the System. If the retired member
continues in service after having earned seven thousand 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 any employee or member of the System who
has mandatorily retired because of age pursuant to Section
9-1-1530."
B. Subsection (4J of Section 9-11-90 of the 1976 Code, as last
amended by Section 50, Part II of Act 151 of 1983, is further
amended to read:
"(4) Notwithstanding the provisions of subsections (1) and (2) of
this section, any retired member of the System may return to
employment covered by the System and earn up to seven thousand
dollars per fiscal year without affecting the monthly retirement
allowance he is receiving from the System. If the retired member
continues in service after having earned seven thousand 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 any employee or member of the System who
has mandatorily retired because of age pursuant to Section
9-1-1530."
SECTION 51
To Provide That the Gross Proceeds of Sales of Tangible Personal
Property Delivered Prior to July 1, 1986, Under Certain Terms, Are
Exempt From the One Cent Increase to the Sales and Use Tax
Contained in Section 12-35-515 of the 1976 Code If a Verified Copy
of the Contract is Filed With the Tax Commission and to Provide
That the Written Bid Must be Accompanied by a Bid Guarantee Bond
Assuring Compliance With the Written Bid.
The gross proceeds of sales of tangible personal property
delivered prior to July 1, 1986, either under the terms of a
construction contract executed prior to the enactment of this
section, or a written bid submitted prior to the enactment of this
section, culminating in a construction contract entered into prior
to July 1, 1984, are exempt from the one cent increase in the sales
and use tax provided by Section 12-35-515 of the 1976 Code, if a
verified copy of the contract is filed with the South Carolina Tax
Commission prior to October 1, 1984. The written bid must be
accompanied by a bid guarantee bond assuring compliance with the
written bid.
SECTION 52
To Amend the Code of Laws of South Carolina,1976, By Adding
Section 12-35-517, so as to Provide For a Maximum Authorized Sales
and Use Tax For Certain Light Self-Propelled Construction
Equipment.
(A) The 1976 Code is amended by adding:
"Section 12-35-517. In the case of the sale of any self-propelled
light construction equipment with compatible attachments limited to
a maximum of 160 net engine horse power, the maximum tax levied by
this chapter is three hundred dollars with respect to each
self-propelled light construction equipment with compatible
attachments limited to a maximum of 160 net engine horse power."
(B) The provisions of this section shall take effect July 1,
1984.
SECTION 53
To Require Nonrecurring or One-Time Expenditures to be Designated
as Such Separately in Budget Recommendations and General
Appropriation Bills.
Whenever the General Assembly appropriates funds for nonrecurring
or one-time expenditures, the appropriation must be listed in a
separate program entitled "Nonrecurring Appropriation". The Budget
and Control Board, when making its annual budget recommendations,
shall identify in a separate marking "Nonrecurring Appropriations"
all nonrecurring or one-time expenditures.
SECTION 54
To Amend Section 50-21-380, as Amended, Code of Laws of South
Carolina, 1976, Relating to the Application for Transfer of
Registration of Motorboats, so as to Exempt Motorboats Owned by
Volunteer Rescue Squads From the Fee Requirements; and to Amend
Section 50-23-70, as Amended, Relating to the Fee Required to
Accompany an Application for a Certificate of Title for a
Watercraft or Outboard Motor, so as to Exempt the Watercraft Owned
by Volunteer Rescue Squads From the Fee Requirements of This
Section.
A. Section 50-21-380 of the 1976 Code, as last amended by Act 94
of 1981, is further amended to read:
"Section 50-21-380. (A) When the ownership of a motorboat
changes, the purchaser shall file an application for transfer of
registration, together with the payment of a fee of three dollars,
and a certificate of transfer must be awarded. Such application for
transfer must be made by the purchaser within twenty days from date
of purchase. The purchaser may operate the motorboat for a period
of thirty days while the transfer of registration is being
completed and may prove his ownership by producing the bill of sale
or copy during the thirty-day period.
(B) The provisions of this section requiring a fee do not apply
to the motorboats owned by volunteer rescue squads used exclusively
for the purpose of the squads."
B. Section 50-23-70 of the 1976 Code, as last amended by Act 216
of 1977, is further amended to read:
"Section 50-23-70. (A) A fee of three dollars shall accompany
each application for a certificate of title, as required by the
provisions of this chapter, with the exception of those
applications for duplicates of certificates of title which must be
accompanied by a fee of one dollar. Any watercraft which is
propelled by land with oar, paddle, or similar device shall not
require a certificate of title unless the owner requests such a
certificate.
(B) The provisions of this section requiring a fee do not apply
to any watercraft owned by volunteer rescue squads used exclusively
for the purposes of the squads."
SECTION 55
To Amend Section 6-19-50, Code of Laws of South Carolina, 1976,
Relating to the Maximum Amount of State Grants For Water and Sewer
Authorities, Districts, or Systems, so as to Change the Maximum
Amount. Section 6-19-50 of the 1976 Code is amended to read:
"Section 6-19-50. In any case, the grant shall not be in excess
of six hundred dollars per connection or twenty-five percent of the
total project cost, whichever is less, or a maximum of four hundred
thousand dollars, and no district or authority system may receive
more than one grant for any purpose in any one-year period."
SECTION 56
To Permit the Use of a State-Owned Aircraft on a
Medical-Emergency Basis by an Individual Other Than a Member of the
General Assembly Under Certain Conditions; to Require the
Individual, or Other Person, to File an Insurance Claim in the
Event He Has Insurance Covering This Transportation; and to Provide
That Any Insurance Reimbursement Must Be Paid to the State
Treasurer for Deposit in the General Fund.
If a state-owned aircraft is needed on a medical-emergency basis
by an individual other than a member of the General Assembly, the
aircraft may be used upon the filing with the State Aeronautics
Commission or other agency of state government owning and operating
the aircraft of an affidavit by a medical doctor that an emergency
or a life-saving situation exists with respect to the individual
which would probably make waiting or the use of a commercial or
nonstate-owned aircraft or other transportation not in the best
interest of the individual's physical condition and upon the
completion of all other records, forms, or paperwork as may be
required. If the individual needing and using the state-owned
aircraft on a medical-emergency basis has insurance which covers
this transportation, an insurance claim must be filed by the
insured individual or by any other person permitted or required to
file the claim, and any reimbursement under any policy of insurance
pertaining to this transportation must be paid to the State
Treasurer, who must deposit the funds in the general fund of the
State.
SECTION 57
To Amend Section 59-26-40, as Amended, Code of Laws of South
Carolina, 1976, Relating to Training, Certification, and Evaluation
of Public Educators, so as to Provide That Prior to a Teacher's
Initial Employment, the Local School District Shall Request a
Criminal Record History From the South Carolina Law-Enforcement
Division for Past Convictions of Certain Crimes; to Amend Section
23-3-130, Relating to the Criminal Information and Communication
System, so as to Provide for the South Carolina Law-Enforcement
Division to Disseminate Criminal History Conviction Records at No
Charge to Local School Districts for Prospective Teachers and to
the Department of Social Services for Personnel of Child Day Care
Facilities; and to Amend Sections 20-7-2730 and 20-7-2740, Relating
to Licensing of Child Day Care Facilities, so as to Provide That No
License May Be Issued to or Renewed for Operators Convicted of
Certain Crimes, to Provide That No Facility May Employ or Engage
the Services of a Caregiver Who Has Been Convicted of One of the
Crimes, and to Provide That the Department of Social Services May
Charge the Licensee a Fee for the Cost of Attaining Criminal
History Conviction Records.
A. Section 59-26-40 of the 1976 Code, as last amended by Act 391
of 1982, is further amended by adding a paragraph at the end to
read:
"Prior to the initial employment of a teacher, the local school
district shall request a criminal record history from the South
Carolina Law-Enforcement Division for past convictions of any crime
listed in Chapter 3 of Title 16, Offenses Against the Person, any
crime listed in Chapter 15 of Title 16, Offenses Against Morality
and Decency, and for the crime of contributing to the delinquency
of a minor, contained in Section 16-17-490."
B. Section 23-3-130 of the 1976 Code is amended by adding a
paragraph at the end to read:
"The South Carolina Law-Enforcement Division shall disseminate
criminal history conviction records upon request to local school
districts for prospective teachers and to the State Department of
Social Services for personnel of child day care facilities. This
service must be provided to the local school districts without
charge."
C. Section 20-7-2730 of the 1976 Code, as added by Act 71 of
1981, is amended by adding at the end:
"No license may be issued to any operator who has been convicted
of any crime listed in Chapter 3 of Title 16, Offenses Against the
Person, any crime listed in Chapter 15 of Title 16, Offenses
Against Morality and Decency, and for the crime of contributing to
the delinquency of a minor, contained in Section 16-17-490. No
facility may employ or engage the services of a caregiver who has
been convicted of one of the crimes listed in this paragraph. The
State Department of Social Services may charge the licensee a fee
for the cost of attaining criminal history conviction records from
the South Carolina Law-Enforcement Division."
D. Section 20-7-2740 of the 1976 Code, as added by Act 71 of
1981, is amended by adding at the end:
"No license may be renewed for any operator who has been
convicted of any crime listed in Chapter 3 of Title 16, Offenses
Against the Person, any crime listed in Chapter 15 of Title 16,
Offenses Against Morality and Decency, and for the crime of
contributing to the delinquency of a minor, contained in Section
16-17-490. No facility may employ or engage the services of a
caregiver who has been convicted of one of the crimes listed in
this paragraph. The State Department of Social Services may charge
the licensee a fee for the cost of attaining criminal history
conviction records from the South Carolina Law-Enforcement
Division."
SECTION 58
To Amend Chapter 61, Title 40, Code of Laws of South Carolina,
1976, Relating to the Regulation of Sanitarians, so as to Regulate
Environmental Sanitarians and Provide Penalties and to Reauthorize
for Six Years the South Carolina State Board of Examiners for
Registered Environmental Sanitarians.
A. Chapter 61, Title 40, of the 1976 Code is amended to read:
"CHAPTER 61
Sanitarians
Section 40-61-10. As use(l in this chapter:
(1) 'Board' means the South Carolina State Board of Examiners for
Registered Environmental Sanitarians.
(2) 'Environmental sanitarian' means a person trained and
qualified to carry out educational, inspectional, and supervisory
duties in environmental health and control programs and who is
registered.
(3) 'Environmental health and control programs' means programs
for achieving and maintaining conditions to insure an environment
that is conducive to health, comfort, safety, and well-being and
provides adequate protection to the public.
(4) 'Certificate of registration' means a serially numbered
document issued by the Board certifying that the person named
therein has been duly registered by the Board as a registered
sanitarian, containing the name of the person registered and the
date of registration, and authenticated by the signatures as
determined by the Board.
Section 40-61-20. There is created the South Carolina State Board
of Examiners for Registered Environmental Sanitarians composed of
six members appointed by the Governor, one of whom is the executive
officer of the Department of Health and Environmental Control or
his designee, three environmental sanitarians who are qualified by
education and experience to be registered environmental
sanitarians, and two public members who are not environmental
sanitarians or do not have any pecuniary interest in any entity
engaged in the business of environmental sanitarians. All members
of the Board must be residents of the State and serve for terms of
four years and until their successors are appointed and qualify.
Members of the Board are eligible for reappointment but cannot
serve more than two consecutive terms. The Board is responsible for
examining applicants for registered environmental sanitarians,
investigating complaints, and investigating and prosecuting
violations of this chapter.
The Board may promulgate regulations to carry out the provisions
of this chapter.
The Governor may remove any member of the Board who has been
guilty of continued neglect of his duties or who is found to be
incompetent, unprofessional, or dishonorable. No member must be
removed without first giving him an opportunity to refute the
charges filed against him. He must be given a copy of the charges
at the time they are filed. Vacancies on the Board are filled in
the same manner as the original appointment for the unexpired
portion of the term.
Section 40-61-30. The members of the Board shall qualify by
taking an oath of office before a notary public or other officer
authorized to administer oaths in this State.
The Board shall meet at least once each year and at such other
times as its bylaws provide. A quorum for the meetings consists of
four members. At its initial meeting the Board shall elect from its
membership a chairman, a vice-chairman, and a secretary to serve
for one-year terms. The Board may adopt bylaws and rules of
procedure necessary to perform its duties.
If a board member is disqualified and his absence results in the
lack of a quorum or an adequate number of members to perform
official functions, the Governor may deputize an individual to
replace him during the period of disqualification. The deputized
individual shall take the same oath as required of other members of
the Board.
The Board shall have a seal and the impression thereof must be
attached to all official documents issued by it.
The Board shall keep a record of its proceedings and a register
of all applications for certificates of registration which shows:
(a) The name, age, and residence of each applicant.
(b) His educational and other qualifications.
(c) Whether an examination was required.
(d) Whether the applicant was rejected.
(e) Whether a certificate of registration was granted.
(f) The date of the action of the Board.
(g) Other information as may be deemed necessary by the Board.
The records of the Board are prima facie evidence of the
proceedings of the Board set forth therein and a transcript
thereof, duly certified by the secretary under seal, is admissible
in evidence with the same force and effect as if the original were
produced.
Each member may be allowed the usual mileage, per diem, and
subsistence as provided by law for members of state boards,
committees, and commissions for each day actually engaged in the
duties of his office, including a reasonable number of days for the
preparation and reviewing of examinations in addition to the time
actually spent in conducting examinations.
Section 40-61-40. For the purpose of any investigation or
proceeding under this chapter, the Board or any person designated
by it may administer oaths and affirmations, subpoena witnesses,
take evidence, and require the production of any documents or
records which the Board considers relevant to the inquiry. In the
case of contumacy by, or refusal to obey a subpoena issued to any
person, a court of common pleas upon application of the Board may
issue an order requiring the person to appear before the Board or
the person designated by it and produce documentary evidence and to
give other evidence concerning the matter under inquiry.
Whenever the Board has reason to believe that any person is
violating or intends to violate any provision of this chapter, it
may, in addition to all other remedies, order the person to
immediately desist and refrain from such conduct. The Board may
apply to the court of common pleas for an injunction restraining
the person from such conduct. The court may issue ex parte a
temporary injunction not to exceed ten days and upon notice and
full hearing may issue any other order in the matter it deems
proper. No bond is required of the Board by the court as a
condition to the issuance of any injunction or order contemplated
by the provisions of this section.
Section 40-61-50. All revenues and income from certificates,
examination fees, other fees, sale of commodities, and services and
income derived from any Board source or activity must be remitted
to the State Treasurer as collected, when practicable, and credited
to the general fund of the State. All assessments fees, or
certificates must be levied in an amount sufficient to at least
equal the amount appropriated in the annual general appropriation
act for the Board plus any additional funds allocated by the Budget
and Control Board for implementation of the state's personnel
compensation plan.
The annual report required by Act 165 of 1979 must be made by the
Board in accordance with the provisions of that act.
Section 40-61-60. The Board must issue a certificate of
registration to all applicants who certify to the Board under oath
that the applicant is a graduate with a baccalaureate degree from
an accredited college or university, who has satisfactorily
completed at least twelve semester hours or its equivalent of
academic work in the basic natural sciences, or pass a written or
oral examination as prescribed by the Board. Any person desiring to
be examined by the Board must make application and pay a fee to the
Board in the manner prescribed by the Board.
Section 40-61-70. The Board shall renew annually certificates
upon payment of a fee and completion of any required continuing
education courses.
Section 40-61-80. The Board shall receive complaints by any
person against a registered environmental sanitarian and shall
require a complaint to be submitted in written form specifying the
exact charge. Upon receipt of the complaint, the chairman or his
designee shall investigate the allegations in the complaint and
make a report to the Board concerning his investigation. If the
Board desires to proceed further, it may file a formal accusation
charging the registered environmental sanitarian with a violation
of a provision of this chapter. The accusation must be signed by
the chairman on behalf of the Board. When the accusation is filed
the Board shall set a date and place for hearing thereon and the
Board must notify the accused in writing not less than thirty days
prior to the hearing and a copy of the accusation must be attached
to the notice. The accused may appear and show cause why his
license should not be suspended or revoked.
The accused has the right to be confronted with and to
cross-examine the witnesses against him and he has the right to
counsel. For the purposes of such hearing, the Board may require by
subpoena the attendance of witnesses, the production of documents,
may administer oaths and hear testimony, either oral or
documentary, for and against the accused. In instances where a
Board member has made the initial investigation or complaint, he
may not sit with the Board at the hearing of the complaint.
The notice must be sent to the accused by registered mail, return
receipt requested, directed to his last mailing address furnished
to the Board. The post office registration receipt signed by the
accused, his agent, or a responsible member of his household or
office staff, or, if not accepted by the person to whom addressed,
the postal authority stamp showing the notice refused is prima
facie evidence of service of the notice.
All investigations and proceedings undertaken under the
provisions of this chapter are confidential.
Every communication, whether oral or written, made by or on
behalf of any complainant to the Board or member thereof, pursuant
to this chapter, whether by way of complaint or testimony, is
privileged; and no action or proceeding, civil or criminal, shall
lie against any person by whom or on whose behalf the communication
is made, except upon proof that the communication was made with
malice.
No part of this chapter is construed as prohibiting the
respondent or his legal counsel from exercising the respondent's
constitutional right of due process under the law nor to prohibit
the respondent from normal access to the charges and evidence filed
against him as a part of due process under the law.
Section 40-61-90. The Board may revoke, suspend, or otherwise
restrict the certificate of any registered environmental sanitarian
or reprimand or otherwise discipline him when it is established
that the license holder is guilty of misconduct as defined in this
chapter.
Misconduct, which constitutes grounds for revocation, suspension,
or restriction of a certificate or a limitation on, reprimand, or
other discipline of a registered environmental sanitarian, is a
satisfactory showing to the Board:
(1) That any false, fraudulent, or forged statement or document
has been used, and any fraudulent, deceitful, or dishonest act has
been practiced by the holder of a license or certificate in
connection with any of the registration requirements.
(2) That the holder of a certificate has been convicted of a
felony or any other crime involving moral turpitude. Forfeiture of
a bond or a plea of nolo contendere is considered the equivalent of
a conviction.
(3) That the holder of a certificate practiced environmental
sanitation while under either the influence of alcohol or drugs to
such a degree as to adversely affect his ability to practice
environmental sanitation.
(4) That the holder of a certificate uses alcohol or drugs to
such a degree as to adversely affect his ability to practice
environmental sanitation.
(5) That the holder of a certificate has knowingly performed any
act which substantially assists a person to practice environmental
sanitation illegally.
(6) That the holder of a certificate intentionally has caused to
be published or circulated directly or indirectly any fraudulent,
false, or misleading statements as to the skill or methods of
practice of any environmental sanitarian.
(7) That the holder of a certificate has sustained any physical
or mental impairment or disability which renders further practice
by him dangerous to the public.
(8) That the holder of a certificate has violated the code of
ethics as adopted by the Board and published in its regulations.
(9) That the holder of a certificate has engaged in conduct that
is deceptive, fraudulent, or harmful to the public.
(10) That the holder of a certificate is guilty of obtaining fees
or assisting in obtaining such fees under deceptive, false, or
fraudulent circumstances.
(11) That the holder of a certificate is guilty of the use of any
intentionally false or fraudulent statement in any document
connected with the practice of environmental sanitation.
(12) That the holder of a certificate has been found by the Board
to lack the professional competence to practice environmental
sanitation.
(13) That the holder of a certificate has violated any provision
of this chapter regulating the practice of environmental
sanitation.
(14) That the holder of a certificate has been guilty of using a
solicitor or peddlers, cappers, or steerers to obtain patronage. In
addition to all other remedies and actions incorporated in this
chapter, the certificate of a registered environmental sanitarian
adjudged mentally incompetent by any court of proper jurisdiction
is automatically suspended by the Board until he is adjudged by a
court of competent jurisdiction to be mentally competent.
Section 40-61-100. Reciprocity with those states having an act
for the registration of sanitarians whose provisions are equivalent
as determined by the Board may be entered into by the Board under
the appropriate bylaws and rules of procedure as may be prescribed
by the Board.
Section 40-61-110. If the Board is satisfied that the registered
environmental sanitarian is guilty of any offense charged in the
formal accusation provided for in this chapter, it must revoke,
suspend, reprimand, or otherwise take any other reasonable action
short of revocation or suspension, such as requiring the sanitarian
to undertake additional professional training subject to the
direction and supervision of the Board. The Board may also impose
such restraint upon the sanitarian as circumstances warrant until
the sanitarian demonstrates to the Board adequate professional
competence. In all cases where disciplinary action is taken by the
Board, written notice of the action must then be mailed by the
secretary of the Board to the accused at his last known address as
provided to the Board.
Any final order of the Board finding that a registered
environmental sanitarian is guilty of any offense charged in a
formal accusation shall become public knowledge except for a final
order dismissing the accusation or determining that a private
reprimand is in order. All final orders which are made public must
be mailed to local and state associations, and all registered
environmental sanitarians with which the respondent is associated,
states where the registered environmental sanitarian has a
certificate as known to the Board, and to any other source that the
Board wishes to furnish this information.
Any decision by the Board to revoke, suspend, or otherwise
restrict the certificate must be by majority vote and is subject to
review by the Richland County Court of Common Pleas upon petition
filed by the sanitarian with the court and a copy served upon the
secretary of the Board within thirty days from the date of delivery
of the Board's decision to the sanitarian. The review is limited to
the record established by the Board's hearing.
Section 40-61-120. It is unlawful for any person to practice as
a registered environmental sanitarian or represent himself as a
registered environmental sanitarian unless the person has fully
complied with the provisions of this chapter and has been issued a
current certificate of registration.
Section 40-61-130. A. Any person violating the provisions of this
chapter is guilty of a misdemeanor and upon conviction must be
fined not more than one hundred dollars or be imprisoned for not
more than thirty days.
B. The Board must issue a certificate of registration without
examination of any person who on June 30, 1983, was a registered
sanitarian duly registered with the South Carolina Board of
Examiners for Registered Sanitarians.
The Board must also issue a certificate of registration to any
individual who is working in environmental health and control
programs in the State on the effective date of this chapter who is
not a registered environmental sanitarian who makes application to
the Board and takes the examination prior to July 1, 1985.
C. The public members added to the Board by Section 40-61-30 of
the 1976 Code must be appointed to assume office July 1, 1984.
D. In accordance with the provisions of Section 7 of Act 608 of
1978, the existence of the South Carolina State Board of Examiners
for Registered Environmental Sanitarians is reauthorized for six
years."
SECTION 59
Establishing an Office of Precinct Demographics Within the Division
of Research and Statistical Services of the State Budget and
Control Board and Defining its Powers and Duties.
There is created within the Division of Research and Statistical
Services of the State Budget and Control Board an Office of
Precinct Demographics to be staffed by personnel as determined
appropriate by the Board and consistent with funds appropriated for
the Office by the General Assembly in the annual general
appropriation act. The Office of Precinct Demographics shall:
(1) Review existing precinct boundaries and maps for accuracy,
develop and rewrite descriptions of precincts for submission to the
legislative process.
(2) Consult with members of the General Assembly or their
designees on matters related to precinct construction or
discrepancies that may exist or occur in precinct boundary
development in the counties they represent.
(3) Develop a system for originating and maintaining precinct
maps and related data for the State.
(4) Represent the Division at public meetings, meetings with
members of the General Assembly, and meetings with other state,
county, or local governmental entities on matters related to
precincts.
(5) Assist the appropriate county officials in the drawing of
maps and writing of descriptions or precincts preliminary to these
maps and descriptions being filed in this office for submission to
the United States Department of Justice.
(6) Coordinate with the Census Bureau in the use of precinct
boundaries in constructing census boundaries and the identification
of effective uses of precinct and census information for planning
purposes.
(7) Serve as a focal point for verifying official precinct
information for the counties of South Carolina.
SECTION 60
To Amend the Code of Laws of South Carolina, 1976, by Adding
Section 50-21-145, So As To Establish No Wake Zones Within Two
Hundred Feet of Public Boat Landings or Ramps on Lakes Keowee and
Jocassee in Pickens and Oconee Counties and To Prohibit Swimming
Within Fifty Feet of the Ramps or Landings.
Article 1, Chapter 21, of Title 50 of the 1976 Code is amended by
adding:
"Section 50-21-145. On Lakes Keowee and Jocassee in Pickens and
Oconee Counties all watercraft must slow to no wake speed when
operating within two hundred feet of a public boat landing or ramp
and it is unlawful for any person to swim within fifty feet of any
public boat landing or ramp. The Department of Wildlife and Marine
Resources shall issue and cause to be erected a sufficient number
of signs to inform operators of motorboats that the area is a no
wake zone."
SECTION 61
To Amend Section 12-7-1170, Code of Laws of South Carolina, 1976,
Relating to the Apportionment of Income for Purposes of State
Income Tax of Businesses with Income Derived Inside and Outside the
State, So as to Provide for the Elimination of the Tax Over a
Four-Year Period on Sales of Property Shipped From Within This
State if the Purchaser is the United States Government or the
Purchaser is Not Taxable in the State of the Purchaser, and to
Provide that Sales of Property Shipped from this State to a
Purchaser in a Foreign Country are not Attributable to this State
for Purposes of the Tax.
A. Section 12-7-1170 of the 1976 Code is amended to read:
"Section 12-7-1170. The ratio of sales made by such taxpayer
during the income year which is attributable to this State to the
total sales made by such taxpayer everywhere during the income
year, and for purposes of this article, sales attributable to this
State are all sales where the goods, merchandise, or property is
received in this State by a purchaser, other than the United States
Government. In the case of delivery of goods by common carrier, or
by other means of transportation, including transportation by the
purchaser, the place at which the goods are ultimately received
after all transportation has been completed is considered as the
place at which the goods are received by the purchaser. Direct
delivery into this State by the taxpayer to a person or firm
designated by a purchaser from within or without the State
constitutes delivery to the purchaser in this State. When property
is shipped from within this State and the purchaser is the United
States Government or the taxpayer is not taxable in the state of
the purchaser, the sales are attributable to this State for tax
years beginning after December 31, 1984, as follows:
(1) For the taxpayer's first fiscal year beginning after December
31, 1984, to the extent of seventy-five percent of the sales,
(2) For the second fiscal year of the taxpayer to the extent of
fifty percent of the sales,
(3) For the third fiscal year of the taxpayer to the extent of
twenty-five percent of the sales,
(4) For all fiscal years of the taxpayer after the third fiscal
year and for any taxpayers who have established a new business or
industry in this State after December 31, 1983, and to which the
provisions of this section may apply, the sales are not
attributable to this State.
Sales are not attributable to this State if the property is
shipped from within this State to a purchaser in a foreign country
whether or not the taxpayer is taxable in the foreign country.
The word 'sales' as used in the article includes rentals of
tangible personal property, the rentals from which are not
separately allocated under this article. The rentals are attributed
to this State if the property is located in this State. Sales of
intangible personal property are attributable to this State if the
entire income producing activity is within this State, or based on
costs of performance, the greater proportion of which is performed
within this State."
B. This section shall take effect for tax years beginning after
December 31, 1984.
SECTION 62
To Amend Section 12-7-617, Code of Laws of South Carolina, 1976,
Relating to Credits Against State Income Tax Due for Expenses of
Constructing, Installing, or Restoring Ponds, Lakes, or Other Water
Control Structures Designed for Irrigation, Erosion Control, and
Aquaculture and Wildlife Management, So as to Delete the
Prohibition Against the Credit Applying to Ponds and Other Water
Control Structures Located in, Adjacent to, and Filled with Coastal
Waters of the State.
Section 12-7-617 of the 1976 Code, as added by an act of 1984
bearing ratification number 445, is amended to read:
"Section 12-7-617. A taxpayer may claim as a credit twenty-five
percent of all expenditures, to a maximum of two thousand, five
hundred dollars made in each tax year, for the construction and
installation or restoration of ponds, lakes, and other water
impoundments, and water control structures designed for the
purposes of water storage for irrigation, water supply, sediment
control, erosion control or aquaculture and wildlife management.
To qualify for this credit the taxpayer must obtain a
construction permit issued by the South Carolina Land Resources
Commission, or its agent, the local Soil and Water Conservation
District, or proof of exemption from permit requirements issued by
either of the above agencies, as provided in the South Carolina Dam
and Reservoir Safety Act (Article 3 of Chapter 11 of Title 49).
If the amount for such credit exceeds the taxpayer's tax
liability for such taxable year, the amount which exceeds such tax
liability for such taxable year may be carried over for credit
against income taxes in the next five succeeding taxable years
until the total amount of the tax credit has been taken.
Nothing in this section may be construed to express any
legislative intent to adopt legislation inconsistent with Act 123
of 1977, the Coastal Zone Act of 1977, to expand or limit the
authority of the Coastal Council to grant permits in or adjacent to
any pond, lake, or other water impoundment or water control
structure located in or adjacent to and filled primarily by coastal
water of the State."
SECTION 63
To Amend Section 61-5-180, Code of Laws of South Carolina, 1976,
Relating to the Authorization of the Alcoholic Beverage Control
Commission to Issue Twenty-Four Hour Temporary Permits to Possess,
Sell, and Consume Alcoholic Liquors in Sealed Containers of Two
Ounces or Less, so as to Limit the Issuance of the Permit to
Counties or Municipalities Approving of the Permits by a Referendum
and to Provide that not more than One Referendum may be Held in a
Forty-Eight Months' Period.
Section 61-5-180 of the 1976 Code, created by an act of 1984
bearing ratification number 479, is amended to read:
"Section 61-5-180. In addition to the provisions of Section
61-5-85, the commission may issue a temporary permit to allow the
possession, sale, and consumption of alcoholic liquors in sealed
containers of two ounces or less. This permit is valid for a period
not to exceed twenty-four hours and may be issued only to bona fide
nonprofit organizations and business establishments otherwise
authorized to be licensed for sales. The commission shall charge a
nonrefundable filing fee of one hundred dollars for processing each
application and a daily permit fee of fifty dollars for each day
for which a permit is approved. An application shall be filed for
each permit requested. The permit fees must be retained by the
commission to be used for law enforcement and related purposes as
directed by the commission. The commission in its sole discretion
shall specify the terms and conditions of the permit.
Permits authorized by this section may be issued only in those
counties or municipalities where a majority of the qualified
electors voting in a referendum vote in favor of the issuance of
the permits. The county or municipal election commission, as the
case may be, shall conduct a referendum upon petition of at least
ten percent but not more than twenty-five hundred qualified
electors of the county or municipality, as the case may be, in not
less than thirty nor more than forty days after receiving the
petition. The election commission shall cause a notice to be
published in a newspaper circulated in the county or municipality,
as the case may be, at least seven days before the referendum. The
state election laws shall apply to the referendum mutatis mutandis.
The election commission shall publish the results of the referendum
and certify them to the Alcoholic Beverage Control Commission. The
question on the ballot shall read substantially as follows:
'Shall the Alcoholic Beverage Control Commission be authorized to
issue temporary permits in this (county)(municipality) for a period
not to exceed twenty-four hours to allow the possession, sale, and
consumption of alcoholic liquors in sealed containers of two ounces
or less to bona fide nonprofit organizations and business
establishments otherwise authorized to be licensed for sales?'
A referendum for this purpose may not be held more often than
once in forty-eight months.
The expenses of any such referendum must be paid by the State
Treasurer from the general fund of the State upon receipt of a
statement of expenses from any election commission conducting such
a referendum."
SECTION 64
To Amend Section 12-37-250, as Amended, Code of Laws of South
Carolina, 1976, Relating to the Homestead Exemption, so as to
Increase the Exemption from the First Fifteen Thousand Dollars of
the Fair Market Value of the Dwelling Place to the First Twenty
Thousand Dollars Beginning with the 1984 Tax Year.
A. The first paragraph of Section 12-37-250 of the 1976 Code, as
last amended by Section 15 of Part II of Act 199 of 1979, is
further amended to read:
"The first twenty thousand dollars of the fair market value of
the dwelling place of persons is exempt from county, municipal,
school, and special assessment real estate property taxes when such
persons have been residents of this State for at least one year,
have each reached the age of sixty-five years on or before December
thirty-first, or any person who has been classified as totally and
permanently disabled by a state or federal agency having the
function of so classifying persons, or any person who is legally
blind as defined in Section 43-25-20, preceding the tax year in
which the exemption is claimed and holds complete fee simple title
or a life estate to the dwelling place. Any person claiming to be
totally and permanently disabled, but who has not been so
classified by one of the agencies, may apply to the State Agency of
Vocational Rehabilitation. The agency shall make an evaluation of
such person using its own standards. The exemption shall include
the dwelling place when jointly owned in complete fee simple or
life estate by husband and wife and either has reached sixty-five
years of age, or is totally and permanently disabled, or legally
blind under this section, on or before December thirty-first
preceding the tax year in which the exemption is claimed and either
has been a resident of the State for one year. The exemption may
not be granted unless such persons or their agents make written
application therefor on or before May a first of the tax year in
which the exemption is claimed and shall also pay all real property
taxes due by such persons on or before March fifteenth. The
application for the exemption must be made to the auditor of the
county and to the governing body of the municipality in which the
dwelling place is located upon forms provided by the county and
municipality and approved by the Comptroller General and failure to
apply constitutes a waiver of the exemption for that year.
Beginning with tax year 1979 the auditor shall, as directed by the
Comptroller General, notify the municipality of all exemption
applications for a homestead exemption within the municipality and
the information necessary to calculate the amount of the exemption.
The term 'dwelling place' as used herein means the permanent home
and legal residence of the applicant."
B. The provisions of the first paragraph of Section 12-37-250, as
amended by subsection A of this section, are effective for tax
years beginning after December 31, 1983.
SECTION 65
To Amend the Code of Laws of South Carolina, 1976, by Adding
Section 12-33-485 so as to Allow a Person who Makes a Return and
Pays the Tax Required by Chapter 33 of Title 12 of the 1976 Code a
Discount Equal to One Percent of the Taxes Shown to be Due by the
Return and to Provide That the Discount Permitted Under This
Section Shall Not Exceed Forty Thousand Dollars During Any One
Fiscal Year.
A. The 1976 Code is amended by adding:
"Section 12-33-485. When a return required by this chapter is
filed and the taxes shown due on the return are paid in full on or
before the final due date, including any date to which the time for
making the return and paying the tax has been extended by the Tax
Commission, the person must be allowed a discount equal to one
percent of the taxes shown to be due by the return. In no case
shall any discount be allowed if either the return or the tax
thereon is received by the Commission after the date due, or after
the expiration of any extension granted by the Commission. The
discount permitted a person under this section shall not exceed
forty thousand dollars during any one fiscal year."
B. This section shall take effect July 1, 1984.
Section 66
To Amend Section 12-35-110, as Amended, Code of Laws of South
Carolina, 1976, Relating to Sales Tax, So as to Provide That a
Vendor of Personal Property Through Vending Machines is Considered
a User or Consumer of the Property, Excluding Vending Machine Sales
of Cigarettes and Soft Drinks in Closed Containers.
A. The third from the last paragraph of Section 12-35-110 of the
1976 Code is amended to read:
"Notwithstanding any other provision of law, sales of any
tangible personal property to contractors purchasing such property
for use in the performance of contracts, and sales of any tangible
personal property to contractors purchasing such property either as
agents of the United States or its instrumentalities, or for their
own account for use in the performance of contracts with the United
States or its instrumentalities, are retail sales subject to the
tax levied against the vendor as provided by this chapter and are
purchases at retail for storage, use, or other consumption in this
State subject to the tax as provided by this chapter. Where a
vendor makes sales of tangible personal property through vending
machines, not including vending machine sales of cigarettes and
soft drinks in closed containers, the vendor is deemed to be the
user or consumer of the tangible personal property."
B. Subsection A of this section shall take effect July 1, 1985.
SECTION 67
To Amend Chapter 3 of Title 56, Code of Laws of South Carolina,
1976, Relating to Motor Vehicle Registration and Licensing, By
Adding Article 31 so as to Provide for Special License Plates for
Volunteer Firemen and to Provide Penalties.
Chapter 3 of Title 56 of the 1976 Code is amended by adding:
"Article 31
Special License Plates for Volunteer Firemen
Section 56-3-2810. The South Carolina Department of Highways and
Public Transportation shall issue special motor vehicle license
plates to volunteer firemen who request them in the manner provided
in this article and who are residents of the State for private
motor vehicles registered in their respective names. For the
purposes of this article the term 'volunteer firemen' means members
of organized units providing fire protection without compensation
being paid to the members of the units for the service provided and
whose membership is certified to the municipal clerk or chairman of
the council of the municipality or county in which their unit is
based by the chief officer of the unit concerned. The cost of the
special license plate as determined by the Department must be paid
annually by the requesting volunteer fireman and only one license
plate may be issued to any one volunteer fireman. The plate must be
issued upon application being made therefor, in a manner and upon
forms which must be prescribed by the Department, and upon approval
of the application by the Department.
Section 56-3-2820. The special license plates, which must be of
the same size and general design of regular motor vehicle license
plates, must be imprinted with the words 'Volunteer Fireman'
together with numbers as the Department may determine. The plates
are for annual periods as provided by law.
Section 56-3-2830. A license plate issued pursuant to this
article may be transferred to another vehicle of the same weight
class owned by the same person upon application being made
therefor, in a manner and upon forms which must be prescribed by
the Department, and upon approval of the application by the
Department. It is unlawful for any person to whom a plate has been
issued pursuant to this article knowingly to permit it to be
displayed on any vehicle except the one authorized by the
Department. If a holder of the plate ceases to be a volunteer
fireman he must immediately return the plate to the Department.
Section 56-3-2840. The provisions of this article do not affect
the registration and licensing of motor vehicles as required by
other provisions of this chapter but are cumulative thereto. Any
person violating the provisions of this article or any person who
(a) fraudulently gives false or fictitious information in any
application for a special license plate, as authorized in this
article, (b) conceals a material fact in any such application, or
(c) otherwise commits a fraud in any such application or in the use
of any special license plate issued pursuant to this article is
guilty of a misdemeanor and, upon conviction, must be punished by
a fine of not more than one hundred dollars or thirty days'
imprisonment, or both."
SECTION 68
To Amend the Code of Laws of South Carolina,1976, By Adding
Section 12-35-518, so as to Limit the Sales and Use Tax on the Sale
of Mobile Homes and to Provide that the Provisions of This Section
Shall Take Effect July 1, 1984, or the Effective Date of This Act,
Whichever Occurs Later.
A. Article 5, Chapter 35 of Title 12 of the 1976 Code is amended
by adding:
"Section 12-35-518. In the case of the sale of any mobile home
the maximum tax levied by this chapter is three hundred dollars
with respect to each such mobile home as defined in Section
31-17-20 plus one percent of the sales price in excess of six
thousand dollars."
B. The provisions of this section shall take effect July 1, 1984,
or the effective date of this act, whichever occurs later.
SECTION 69
To Amend Section 41-35-120, as Amended, Code of Laws of South
Carolina, 1976, Relating to Disqualifying Conditions Applicable to
State Employment Security Benefits, so as to Suspend Through June
30, 1985, Provisions Which Provide For Benefit Ineligibility in
Certain Cases Where Remuneration is Received By an Employee Upon
Separation Item (7) of Section 41-35-120 of the 1976 Code, which
was added by the provisions of Act 323 of 1982, is suspended for
the period July 1, 1984, or the effective date of this act, through
June 30, 1985.
SECTION 70
To Amend the Code of Laws of South Carolina, 1976, by Adding
Section 4-11-265 so as to Provide a Procedure by Which the
Registered Electors Residing in a Special Purpose District May
Decide Whether They Wish the Governing Body of the District to be
Elected With Budget Autonomy or Appointed by the Governing Body of
the County in Which the District is Located and the Council Having
Approval of the District's Annual Budget, and to Provide That if
the District Governing Body is Elected, the Procedure by Which the
Members of the Governing Body of the District Must be Elected, and
to Make the Section Applicable Only to Districts Existing Prior to
March 7, 1973, Which Do Not Have Elected Governing Bodies With
Authority to Levy Taxes. The 1976 Code is amended by adding:
"Section 4-11-265. (A) The legislative delegation of any county,
including the Senator, may, by majority vote at a duly called
meeting, initiate a referendum in that county to determine the
wishes of the registered electors residing in the geographical
areas of all special purpose and public service districts
(districts) with regard to budgetary powers and election of the
governing bodies of the districts.
(B) The referendum must be conducted only at the time of a
general election. Ballots must be printed with the following
questions printed on them:
__ Shall the governing body of (insert name) district be
elected and have fiscal autonomy to approve a budget and instruct
the local auditor to fix a millage sufficient to raise the budget
amount?
__ Shall the governing body of (insert name) district be
appointed by and have its annual budget subject to final approval
of the governing body of the county in which it is located?
Mark one.
(C) The county election commission shall count the ballots and
certify the results to the county legislative delegation.
(D) (1) In those districts in which the registered electors vote
to have elected governing bodies, the governing body of each
district shall hold an election at the time of the next general
election after certification of the results of the referendum by
the county election commission. Notice of the election must be
published in a newspaper of general circulation in the district
which shall contain detailed information concerning the election.
The notice must be published not less than five nor more than
fifteen days before the date of the election. All members of the
governing bodies must be elected in nonpartisan elections for
four-year terms, except of those initially elected one-half minus
one in the case of odd-numbered governing bodies and one-half in
the case of even-numbered governing bodies must be elected for
terms of two years. At the expiration of the two-year terms,
members elected for those terms must be elected for terms of four
years.
(2) Any governing body of a special purpose district may decide
that its members may be elected from the district at large, at
large with residency requirement, or from single member election
districts.
(3) To place the name of a candidate on the ballot, qualified
electors of the district shall file with the county election
commission, not less than sixty days before the date of the
election, a petition which shall contain the names of qualified
electors of a number equal to not less than five hundred qualified
electors of the district or five percent of the total number of
electors of the district, whichever is the lesser.
(4) The number of members elected under the provisions of this
subsection must be the same number as provided by law for the
number of members for each district.
(E) In those districts in which the registered electors vote to
have appointed district governing bodies, the governing body of the
county in which the district is located is vested with power to
appoint the governing body of that district and shall exercise the
budgetary approval process over the budget of the district.
(F) The provisions of this section apply only to districts
existing prior to March 7, 1973, but not to any district whose
governing body is elected by the qualified electors and which
governing body has the authority to levy taxes."
SECTION 71
To Amend Act 150 of 1979, as Amended, Relating to a Retirement
System For Judges and Solicitors, so as to Provide for Eligibility
for Monthly Benefits Beginning at the Age of Seventy With at Least
Five Years' Service in the Position and at Least Twenty-Five Years'
Other Service With the State.
Subsection (1) of Section 6 of Act 150 of 1979, as last amended
by Section 34, Part II, of Act 151 of 1983, is further amended to
read:
"(1) Any member of the System may retire upon written application
to the Board setting forth at what time, not later than his
attaining age seventy-two and not more than ninety days prior nor
more than six months subsequent to the execution and filing
thereof, he desires to be retired, if the member at the time so
specified for his retirement is no longer in the service of the
State, whether as a judge or solicitor or otherwise, and has
completed ten years of credited service as a judge or solicitor or
was in service as a judge or solicitor on July 1, 1984, and has
either attained the age of sixty-five and completed at least twenty
years of credited service, or attained age seventy and completed at
least fifteen years of credit service, or attained age seventy with
at least five years' service in the position and has at least
twenty-five years' other service with the State, or completed at
least twenty-five years of credited service regardless of age. A
solicitor is eligible to retire upon completion of twenty-four
years of credited service regardless of age. A person ;s not
eligible to receive a retirement allowance under this System while
under employment covered by the South Carolina Retirement System,
the South Carolina Police Officers Retirement System, or General
Assembly Retirement System."
SECTION 72
To Amend Section 12-21-630, Code of Laws of South Carolina, 1976,
Relating to Taxes on Cartridges, Shells, and Playing Cards, so as
to Eliminate the Tax on Cartridges and Shells.
Section 12-21-630 of the 1976 Code is amended to read:
"Section 12-21-630. There is levied, assessed, collected, and
paid upon all playing cards, eight cents on each fifty cents or
fractional part thereof of the retail selling price, the stamps in
all cases to be affixed to the individual package."
SECTION 73
To Amend Section 16-3-1290, as Amended, Code of Laws of South
Carolina, 1976, Relating to Victim's Compensation Fund, so as to
Provide That Interest Earned From the Fund Must Be Remitted to the
General Fund of the State Instead of Being Placed in the Fund.
Item (4) of Section 16-3-1290 of the 1976 Code, as last amended
by an act of 1984 bearing ratification number 587, is further
amended to read:
"(4) Interest earned on all monies held in the Victim's
Compensation Fund shall be remitted to the general fund of the
State."
SECTION 74
To Amend Act 436 of 1978, as Amended, Relating to Hazardous Waste
Management, So as to Delete in the Definition of "Hazardous Waste"
References to Materials Covered Under Article 2 of Chapter 7 of
Title 13 of the 1976 Code and Insert References to Source, Special
Nuclear, or Byproduct Material as Defined by the Atomic Energy Act
of 1954. Subitem b of item (6) of Section 2 of Act 436 of 1978, as
last amended by Section 31 of Part II of Act 151 of 1983, is
further amended to read:
"b. pose a substantial present or potential hazard to human
health or the environment when improperly treated, stored,
transported, or disposed of, or otherwise managed. Such wastes may
include, but are not limited to, those which are toxic, corrosive,
flammable, irritants, strong sensitizers, persistent in nature,
assimilated, or concentrated in tissue, or which generate pressure
through decomposition, heat, or other means. The term does not
include solid or dissolved materials in domestic sewage, or solid
dissolved materials in irrigation return flows, or industrial
discharges which are point sources subject to NPDES permits under
the Federal Water Pollution Control Act or the Pollution Control
Act of South Carolina or source, special nuclear, or byproduct
material as defined by the Atomic Energy Act of 1954."
SECTION 75
To Require Evidence of the Payment of a Federal Use Tax to the
Department of Highways and Public Transportation Prior to the
Issuance of Motor Vehicle Registration License Plates.
After September 30, 1984, the Department of Highways and Public
Transportation shall require evidence of the payment of the use tax
imposed by Section 4481 of the Internal Revenue Code of 1954 prior
to issuing vehicle registration and plates for those vehicles for
which the taxes are required.
End of Part II
PART III
General and Temporary Provisions
SECTION I
It is hereby declared to be the intent of the General Assembly
that the following sections shall constitute general and temporary
laws of the State of South Carolina.
SECTION II
To Appropriate Surplus Funds to the General Reserve Fund.
During the 1983-84 fiscal year unexpended appropriations resulted
in a surplus of $2,258,347 and the revenue estimate for 1983-84 was
first adjusted to reflect an increase of $21,002,235 and then
adjusted further to reflect an additional increase of $32,957,127,
and then adjusted further to reflect an additional increase of
$24,000,000, which has resulted in a total surplus of $80,217,709.
Of this amount $40,443,293 is appropriated to the general reserve
fund.
SECTION III
To Transfer Generated Earned Funds to the General Fund.
Three million dollars of the monies identified through the report
(dated March 7, 1984) and recommendations of the Joint Subcommittee
to Study and Investigate the Accounting, Expenditure and
Appropriation of Agency and Institution Generated Earned Funds
shall be transferred to the general fund of the State.
SECTION IV
To Authorize a Portion of the Additional Capital Financing by
Providing Funds Through Part IV of This Act (Supplemental
Appropriations From Surplus) to Provide in Part for the
Construction Necessary to Meet the Most Immediate Future Needs
Which Will Arise Under the Standards Set Forth in the Proposed
Consent Agreement Agreed to in Principle by the South Carolina
Department of Corrections; to Authorize the Department to Enter
Into the Agreement; and to Recognize the Fact That the General
Assembly Will Be Required to Provide Substantial Additional Funding
in the Near Future or Provide Other Remedies for Escalating Prison
Populations and to Make Appropriations in Addition to Those
Necessary to Comply With the Nelson, et al. v. Leeke et al. Case
Settlement.
A. A law suit, captioned Nelson, et al. v. Leeke, et al., (Civil
Action No. 82-876-0), is presently pending in the United States
District Court for the District of South Carolina involving all
institutions of the South Carolina Department of Corrections, and
the parties have entered into extensive negotiations involving the
settlement of this law suit. The General Assembly has by Concurrent
Resolution H.3054 (May 12, 1983) approved negotiation of the
settlement of this law suit and has expressed its intention to
implement by legislation and appropriation a reasonably expeditious
settlement of the issues. The parties have reached a proposed
settlement of the law suit, and the named defendants are unable to
effect the settlement without the support and authorization of the
General Assembly.
B. The General Assembly finds that the proposed Consent Agreement
agreed to in principle by the South Carolina Department of
Corrections in February, 1984, is in the best interests of the
State, and the named defendants in the law suit are authorized to
enter into the proposed Consent Agreement.
C. The General Assembly further finds that it is presently
necessary to authorize a portion of the additional capital
financing by providing funds through Part IV of this Act
(Supplemental Appropriations from Surplus). The funding will
provide in part for the construction necessary to meet the most
immediate future needs which will arise under the standards set
forth in the proposed Consent Agreement. The General Assembly
recognizes, however, that projected prison population growth,
coupled with the mandatory nature of the Consent Agreement, will
require that the General Assembly provide substantial additional
funding in the near future or provide other remedies in the near
future for escalating prison populations.
D. In addition to the funds made available by the General
Assembly to the Department of Corrections for compliance with the
Nelson suit, there is hereby appropriated to the Department of
Corrections the sum of $16,000,000 of which $1,000,000 is to be
used for fire and life safety purposes, $14,000,000 for
construction purposes, and $1,000,000 to be used to exempt the
Department from a delay in hiring new positions. This appropriation
shall be made only if the state's revenue forecast for FY 1984-85
is increased over the amount provided in this act. Should the
increase be insufficient to meet the $16,000,000 appropriation, the
amount appropriated shall be proportionately reduced.
SECTION V
To Require the South Carolina Tax Commission to Refund Up to
Forty Thousand Dollars in Sales or Use Taxes Paid on Relief
Supplies Purchased by the American Red Cross Between March 28,1984,
and June 30, 1984, for South Carolina Tornado Victims.
Sales or use taxes paid on the gross proceeds of the sale of
relief supplies purchased by the American Red Cross between March
28, 1984, and June 30, 1984, for the relief of persons in South
Carolina counties declared federal disaster areas because of storms
on March 28, 1984, must be refunded to the American Red Cross by
the South Carolina Tax Commission before August 1, 1984, in a
manner determined by the commission. Before any refund may be made,
the American Red Cross shall certify to the commission that any
refund received will be applied to its activities in this State.
The total refund authorized by this section may not exceed forty
thousand dollars.
End of Part III
PART IV
To Make Supplemental Appropriations From Surplus
SECTION 1. There is hereby appropriated out of the general fund of
the State $9,100,000 from surplus Debt Service funds, and
$4,000,000 from other general fund lapses, and any additional
surplus general fund revenues to supplement the appropriations
heretofore made in Act 151 of 1983.
Total General
Funds Funds
Legislative Printing
Equipment 300,000 300,000
--------- ------------
Total Legislative Printing 300,000 300,000
=========== ===========
Governor's Office-Executive Control
Office Automation 50,000 50,000
--------- ------------
Total Gov's Office-Executive
Control 50,000 50,000
=========== ===========
State Law Enforcement Div.
Equipment-SLED Agents 25,000 25,000
Breathalyzer Machines 53,727 53,727
Chemistry Lab Equipment 450,000 450,000
--------- ------------
Total SLED 528,727 528,727
=========== ===========
Office of Executive Policy & Programs
Disaster Trust Fund 250,000 250,000
Railroad Rescue 80,000 80,000
--------- ------------
Total Office of Executive
Policy & Programs 330,000 330,000
=========== ===========
Secretary of State
Equipment 352,521 352,521
--------- ------------
Total Secretary of State 352,521 352,521
=========== ===========
Comptroller General's Office
Implementation of GAAP 185,000 185,000
Computer Equipment 131,544 131,544
--------- ------------
Total Comptroller General's
Office 316,544 326,544
=========== ===========
State Treasurer
Computer & Office Equipment 112,500 112,500
--------- ------------
Total State Treasurer 112,500 112,500
=========== ===========
Attorney General's Office
Office Automation 196,985 196,985
--------- ------------
Total Attorney General's Office 196,985 196,985
=========== ===========
Adjutant General
Microfilm 48,800 48,800
Equipment 10,000 10,000
--------- ------------
Total Adjutant General 58,800 58,800
=========== ===========
State Election Commission
General Election Expenses 832,000 832,000
--------- ------------
Total Election Commission 832,000 832,000
=========== ===========
B & C Board-Executive Director
Computer Equipment 250,000 250,000
Office Automation 50,000 50,000
--------- ------------
Total B & C Board-Executive
Director 300,000 300,000
=========== ===========
B & C Board-Budget Division
Computer Equipment 1,250,000 1,250,000
Computer Study 50,000 50,000
--------- ------------
Total B & C Board-Budget
Division 1,300,000 1,300,000
=========== ===========
B & C Board-IRM
Computer Equipment 500,000 500,000
Shared Computer Network 300,000 300,000
--------- ------------
Total B & C Board-IRM 800,000 800,000
=========== ===========
B & C Board-State Personnel
Human Resources Computer Study 250,000 250,000
Agency Hd Performance Appraisal 75,000 75,000
--------- ------------
Total B & C Board-State
Personnel 325,000 325,000
=========== ===========
B & C Board-Motor Vehicle Mgmt
Motor Vehicle Replacement 250,000 250,000
--------- ------------
Total B & C Bd-Motor Vehicle
Mgmt 250,000 250,000
=========== ===========
B & C Board-Local Government
Aid to Entities-Rural Development
Railroad Mitigation 200,000 200,000
Rural Water Projects 250,000 250,000
--------- ------------
Total B & C Board-Local
Government 450,000 450,000
=========== ===========
B & C Board-Employee Benefits
Retiree Cost of Living
Bonus 2,685,000 2,685,000
--------- ------------
Total B & C Board-Employee
Benefits 2,685,000 2,685,000
=========== ===========
College of Charleston
Avery Institute 40,000 40,000
--------- ------------
Total College of Charleston 40,000 40,000
=========== ===========
Francis Marion College
Renovation-Ceilings 285,000 285,000
=========== ===========
Winthrop College
Center of Excellence-
Effective Teaching 750,000 750,000
--------- ------------
Total Winthrop College 750,000 750,000
=========== ===========
Medical University of SC
Dental Chairs 50,000 50,000
--------- ------------
Total Medical Univ of SC 50,000 50,000
=========== ===========
State Bd for Tech & Comp Educ
Equipment-Educational 4,000,000 4,000,000
--------- ------------
Total State Bd for Tech &
Comp Educ 4,000,000 4,000,000
=========== ===========
Department of Education
School Buses 17,000,000 17,000,000
Textbooks 7,324,994 7,324,994
--------- ------------
Total Department of
Education 24,324,994 24,324,994
=========== ===========
Wil Lou Gray Opportunity School
Building Renovations 215,000 215,000
--------- ------------
Total Wil Lou Gray
Opportunity School 215,000 215,000
=========== ===========
Education Television Commission
Equipment Replacement 480,614 480,614
--------- ------------
Total ETV Commission 480,614 480,614
=========== ===========
SC School for Deaf & Blind
Perm Improvements-Track Field 30,000 30,000
Association for the Deaf 35,000 35,000
Contractual Services 30,000 30,000
Supplies & Materials 50,000 50,000
--------- ------------
Total SC School for Deaf &
Blind 145,000 145,000
=========== ===========
Dept of Archives & History
Records Center Annex 83,266 83,266
--------- ------------
Total Dept of Archives & History 83,266 83,266
=========== ===========
S.C. Arts Commission
Office Equipment 25,000 25,000
Office Automation 15,000 15,000
Film Equipment 54,300 54,300
--------- ------------
Total S.C. Arts Commission 94,300 94,300
=========== ===========
State Museum Commission
Office Automation 20,000 20,000
Equipment-Automobile 4,000 4,000
--------- ------------
Total State Museum Commission 24,000 24,000
=========== ===========
DHEC
Rural Water & Sewer Grants 400,000 400,000
Lab Equipment 131,000 131,000
EQC Field Equipment 556,994 556,994
--------- ------------
Total DHEC 1,087,994 1,087,994
=========== ===========
Department of Mental Health
Equipment-Vehicle Replacement 250,000 250,000
Medicaid Deficiency 800,000 800,000
--------- ------------
Total Dept of Mental Health 1,050,000 1,050,000
=========== ===========
Dept of Mental Retardation
Piedmont Multi-County MR Board 80,000 80,000
Scott Center 80,000 80,000
Contractual Services 300,000 300,000
--------- ------------
Total Dept of Mental
Retardation 460,000 460,000
=========== ===========
Commission on Alcohol & Drug Abuse
Block Grant Program 1,000,000 1,000,000
Marlboro County Commission on
Alcohol & Drug Abuse 40,000 40,000
Newberry County Commission on
Alcohol & Drug Abuse 15,000 15,000
--------- ------------
Total Comm on Alcohol &
Drug Abuse 1,055,000 1,055,000
=========== ===========
Department of Social Services
Providence Home 15,000 15,000
--------- ------------
Total Dept of Social Services 15,000 15,000
=========== ===========
John De La Howe
Heating & Cooling Economizer 30,000 30,000
Equipment 23,166 23,166
--------- ------------
Total John De La Howe 53,166 53,166
=========== ===========
Paroles & Community Corrections
Equipment 66,800 66,800
--------- ------------
Total Paroles and Community
Corrections 66,800 66,800
=========== ===========
Department of Youth
Services Florence Chittendon
Home 107,234 107,234
Oconee Children's Home 23,871 23,871
--------- ------------
Total Dept of Youth Services 131,105 131,105
=========== ===========
Water Resources Commission
Aquatic Plant Mgmt 500,000 500,000
Contractual Services-Research 300,000 300,000
--------- ------------
Total Water Resources
Commission 800,000 800,000
=========== ===========
Land Resources Commission
Rocky River Channel
Improvement 100,000 100,000
Taw Caw Creek Recreation
Area 118,600 118,600
--------- ------------
Total Land Resources
Commission 218,600 218,600
=========== ===========
Forestry Commission
Fire Suppression Equipment 899,778 899,778
Bldg Construction-Florence 96,000 96,000
Bldg Construction-Walterboro 42,000 42,000
Bldg Construction-Newberry 92,000 92,000
Aerial Photography 12,900 12,900
Cost Sharing-Tornado Relief 100,000 100,000
--------- ------------
Total Forestry Commission 1,242,678 1,242,678
=========== ===========
Department of Agriculture
Office Automation Equipment 165,000 165,000
Test Unit Truck 40,000 40,000
Cetane Test Machine 80,000 80,000
Perm Improvements-Pee Dee
Farmers Market 476,000 476,000
Perm Improvements-Greenville
Farmers Market 572,295 572,295
--------- ------------
Total Dept of Agriculture 1,333,295 1,333,295
=========== ===========
Wildlife & Marine Resources
Boat & Drag Line 175,000 175,000
Equipment 40,000 40,000
--------- ------------
Total Wildlife & Marine
Resources 215,000 215,000
=========== ===========
Coastal Council
Repair of Folly Beach Groins 223,750 223,750
--------- ------------
Total Coastal Council 223,750 223,750
=========== ===========
Parks, Recreation & Tourism
Recreation Land Trust Fund 553,000 553,000
--------- ------------
Total Parks Recreation &
Tourism 553,000 553,000
=========== ===========
Clark's Hill-Russel Authority
Contractual Services 600,000 600,000
Land Purchase 1,000,000 1,000,000
--------- ------------
Total Clark's Hill-Russell
Authority 1,600,000 1,600,00
=========== ===========
Industrial Commission
Software 111,000 111,000
Equipment 97,500 97,500
--------- ------------
Total Industrial Commission 208,500 208,500
=========== ===========
Department of Consumer Affairs
Equipment-Office Automation 243,000 243,000
--------- ------------
Total Dept of Consumer Affairs 243,000 243,000
=========== ===========
Department of Labor
Computer Equipment 120,000 120,000
--------- ------------
Total Department of Labor 120,000 120,000
=========== ===========
Tax Commission
Contractual Services 233,790 233,790
Supplies 101,910 101,910
Equipment 164,300 164,300
System Development Project 500,000 500,000
--------- ------------
Total Tax Commission 1,000,000 1,000,000
=========== ===========
ABC Commission
Photocopy Machine 6,000 6,000
--------- ------------
Total ABC Commission 6,000 6,000
=========== ===========
Ethics Commission
Equipment 12,200 12,200
--------- ------------
Total Ethics Commission 12,200 12,200
=========== ===========
Board of Engineering Examiners
Equipment-Workstation 6,782 6,782
--------- ------------
Total Board of Engineering
Examiners 6,782 6,782
=========== ===========
Certif of Env Systems Operators
Equipment-Hard Disk Drives 3,635 3,635
--------- ------------
Total Certif of Env Syst Oper 3,635 3,635
=========== ===========
Medical Examiners
Equipment-Burglar Alarm 1,200 1,200
--------- ------------
Total Medical Examiners 1,200 1,200
=========== ===========
Board of Nursing
Equipment-Film, Microfilm 10,000 10,000
--------- ------------
Total Board of Nursing 10,000 10,000
=========== ===========
Real Estate Board
Word Processor & Computer 20,000 20,000
--------- ------------
Total Real Estate Board 20,000 20,000
=========== ===========
Residential Home Builders
Equipment-Files 2,108 2,108
--------- ------------
Total Residential Home Builders 2,108 2,108
=========== ===========
S.C. Aeronautics Commission
Contract Services-Repair Hangar 12,000 12,000
Contractual Services-Aviation
Impact Study 40,000 40,000
Maintenance-Engine Overhaul 157,482 157,482
Perm Improvements-New Hangar 80,000 80,000
Perm Improvements-Facility 47,500 47,500
Repairs - OSHA 41,250 41,250
Equipment 54,850 54,850
Airport Improvements 45,000 45,000
Allendale Airport 75,000 75,000
Williamsburg Airport 60,000 60,000
Hartsville Airport 24,000 24,000
Clarendon Airport 40,000 40,000
--------- ------------
Total SC Aeronautics Commission 677,082 677,082
=========== ===========
Miscellaneous
Small Business Development
Center 100,000 100,000
--------- ------------
Total Miscellaneous 100,000 100,000
=========== ===========
Dues & Contributions
Penn Community Center 19,080 19,080
Cedarwood Arts Festival 2,500 2,500
Milk and Egg Festival 5,000 5,000
Spring Cattle Show 7,500 7,500
Brookgreen Gardens 95,114 95,114
Pride of the Piedmont Jubilee 15,000 15,000
Riverbanks Zoo 95,114 95,114
Spoleto 166,449 166,449
Commercial Agriculture Museum 4,756 4,756
Stumphouse Tunnel Park 9,511 9,511
SC Festival of Flowers 17,946 17,946
SC Peach Festival 4,985 4,985
SC Hall of Fame 4,985 4,985
Oakley Park Shrine & Museum 5,982 5,982
Gilbert Peach Festival 3,988 3,988
Pendleton Historical Rec
Committee 38,997 38,997
Green Zoo 47,557 47,557
Apple Festival 4,985 4,985
Carolina Cup 35,000 35,000
SC Lions Club 10,000 10,000
Sunbelt Exposition 18,000 18,000
Louisiana Rose Garden For SC 5,000 5,000
Children's Trust Fund 20,000 20,000
--------- ------------
Total Dues & Contributions 637,449 637,449
=========== ===========
Total Supplemental
Appropriation 52,448,595 52,448,595
Of the funds appropriated in this section for Winthrop College
"Program for Effective Teaching", Winthrop College will cooperate
with public and private colleges and public school districts in its
surrounding counties in improving teacher effectiveness and shall
develop programs to assist with the establishment of additional
Programs for Effective Teaching in other regions of the State in
conjunction with, and to assist in implementation, as necessary, of
the Education Improvement Act of 1984.
All retired members and beneficiaries of the South Carolina
Retirement System and the Police Officers Retirement System who
have been retired for at least two July's and who are receiving
monthly benefits on November 1,1984, shall receive a single
separate payment along with the November, 1984 allowance equal to
two percent of the gross November, 1984, benefit multiplied by
twelve. The State Budget and Control Board is hereby authorized and
directed to transfer from monies appropriated under this section,
"Retired State and Public School Employees-Cost of Living Bonus" to
the South Carolina Retirement Systems so much of these monies as is
necessary to carry out the provisions of this proviso.
Of the funds appropriated under B & C Board - Local Government,
Aid to Entities - Rural Development, Railroad Mitigation, the sum
of $200,000 shall be expended for mitigation of railroad
abandonments.
The amount appropriated in "Dues and Contributions - Carolina
Cup" in this SECTION 1 is effective only for Fiscal Year 1984-85
and may not be continued any year thereafter. Furthermore, any
amount appropriated is contingent upon the gift to the State by the
will of Marion duPont Scott and the passage of H.3646.
The $1,000,000 appropriated under "Alcohol and Drug Abuse, Block
Grant Program" must be distributed in accordance with Section
44-49-10 (i) of the 1976 Code.
The $500,000 appropriated for "Water Resources - Aquatic Plant
Management" shall be allocated with the advice of the Aquatic Plant
Management Council, chaired by the Water Resources Commission.
SECTION 2. The amounts appropriated in this part may be carried
forward and expended for the same purposes during Fiscal Year
1984-85. The amount appropriated for "Cost Sharing-Tornado Relief"
for the Forestry Commission on page 3127 may also be carried
forward and expended for the same purpose during Fiscal Year
1985-86.
The Forestry Commission may also refund to private landowners the
cost of seedlings planted under the storm damage cost sharing
program after determining that the seedlings have been properly
planted.
SECTION 3. Any 1983-84 surplus or lapsed funds above 1983-84
appropriations not transferred to the General Reserve Fund in Part
III of this act or appropriated in SECTION 1 of this Part IV shall
be allocated to the school district of the State through school
building aid.
End of Part IV
PART V
Bond Authorizations
SECTION 1
To Amend Act 1377 of 1968, as Amended, Relating to the Issuance
of State Capital Improvement Bonds, so as to Authorize Bonds for
Vocational Education to be Unified for the Elloree High School
Vocational Wing, to Authorize the Issuance of Additional Bonds for
the Budget and Control Board to be Used for Renovations to the
Boyleston House, and to Authorize for The Citadel Additional Bonds
to be Used for an Addition and Renovations to LeTellier Hall.
A. In addition to the bond authorization for the Department of
Education in subitem 12 of item (f) of Section 3 of Act 1377 of
1968, as last amended by Section 2 of Act 179 of 1981, there is
authorized the following:
4. Vocational Education -
Elloree High School Vocational Wing $ 775,000
Provided, that the authorization for the Elloree High School
Vocational Wing is conditioned upon the provision of $ 260,000 of
matching monies from local and other sources.
B. In addition to the bond authorizations for the Budget and
Control Board in item (f) of Section 3 of Act 1377 of 1968, as last
amended by Act 191 of 1983, there is authorized the following:
2. Boyleston House Renovations $ 333,300
C. In addition to the bond authorizations for The Citadel in
subitem 3 of item (f) of Section 3 of Act 1377 of 1968, as last
amended by Act 78 of 1983, there is authorized the following:
LeTellier Hall
Addition and Renovations $ 368,000
All Acts or parts of Acts inconsistent with any of the provisions
of Part I, Part III, Part IV, or Part V of this Act are hereby
suspended for the Fiscal Year 1984-85.
All Acts or parts of Acts inconsistent with any of the provisions
of Part II of this Act are hereby repealed.
Except as otherwise specifically provided herein this Act shall
take effect immediately upon its approval by the Governor.
PLEASE NOTE:
The following was vetoed by the Governor on June 28, 1984 and,
sustained by the House of Representatives on August 3,1984
1. Part I, Section 92, Page 2886:
"Provided, Further, That notwithstanding Section 40-15-270, South
Carolina Code of Laws, the Board of Dentistry shall grant a license
to any person holding a valid license in another state."
2. Part I, Section 92, Page 2886:
"Provided, That no funds appropriated to the Board in this
Section may be used directly or indirectly by the Board for the
purpose of regulating the names under which corporations offering
dental services may operate."
3. Part I, Section 14, Page 2360:
"Provided, Further, That all regulations promulgated by the
Budget and Control Board, and all divisions thereof, shall be
submitted to the General Assembly in accordance with Act No. 176 of
1977, as amended, and buildings for which preliminary or final
drawings have been approved by the appropriate agency as provided
in regulations of the Budget and Control Board and buildings in
which construction has begun or those occupied on or before January
1, 1984 shall comply with rules and regulations then existing and
shall be exempt from subsequently adopted rules and regulations
relative to Educational Occupancy pursuant to Section 23-9-40 of
the Code of Laws of South Carolina for 1976."
5. Part II, Section 28, Pages 3063 and 3064:
The following was vetoed by the Governor on June 28, 1984, and
sustained by the House of Representatives on August 7, 1984:
4. Part II, Section 62, Pages 3107 and 3108.
The remainder of the Act became effective June 28, 1984.
Became law without the signature of the Governor.