agency, institutions or department to file a quarterly allocations
plan and is further authorized to restrict the rate of
expenditures of the agency, institution or department if the Board
determines that a deficit may occur. The bonds of state
officials violating the terms of this section shall be held liable
therefor, unless the Budget and Control Board has been advised of,
and officially recognizes the necessity for such deficit.
129.7. All Federal Funds received shall be deposited in the State
Treasury, if not in conflict with Federal regulations, and
withdrawn therefrom as needed, in the same manner as that provided
for the disbursement of state funds. If it shall be determined
that federal funds are not available for, or cannot be
appropriately used in connection with, all or any part of any
activity or program for which state funds are specifically
appropriated in this Act to match Federal funds, the appropriated
funds may not be expended and shall be returned to the General
Fund, except upon specific written approval of the Budget and
Control Board after review by the Joint Appropriations Review
Committee. Donations or contributions from sources other than
the Federal Government, for use by any state agency, shall be
deposited in the State Treasury, but in special accounts, and
shall be withdrawn from the treasury as needed to fulfill the
purposes and conditions of the said donations, or contributions,
if specified, and, if not specified, as may be directed by the
proper authorities of the department. The expenditure of funds by
agencies of the State Government from sources other than General
Fund appropriations shall be subject to the same limitations and
provisions of law applicable to the expenditure of appropriated
funds with respect to salaries, wages or other compensation,
travel expense, and other allowance or benefits for employees.
129.8. Except as otherwise provided in this Act, all
appropriations for compensation of State Employees shall be paid
in twice-monthly installments to the person holding such position.
In order to provide a regular and permanent schedule for payment
of employees, it is hereby established that the payroll period
shall begin on June 2, 1990, with the first pay period ending on
June 16, 1990. The payroll period shall continue thereafter on a
twice-monthly schedule as established by the Budget and Control
Board. It is the intent of the General Assembly that this
schedule, thus established, will continue from one fiscal year to
another without interruption, on a twice monthly basis. The
Budget and Control Board is authorized to approve any changes to
this schedule where circumstances are deemed justifiable.
The appropriated salaries for specified positions shall mean the
maximum compensation for such position, except as specifically
provided in other provisions of this Act, and in any case where
the head of any department can secure the services for a
particular position or work at a lower rate than the salary
specified in this Act, authority for so doing is hereby given.
No employee of any state department or institution shall be paid
any compensation from any other department of the state government
except those approved under the provisions of Regulation 19-702.09
of the 1976 Code, as amended, and no employee of any department or
institution shall be paid travel expenses by any other department
or institution without approval of the agency by which he is
regularly employed. The Comptroller General shall report, after
June thirtieth of each year, to the House Ways and Means Committee
and the Senate Finance Committee the names of all employees
receiving dual compensation and the amounts received.
The provisions of Regulation 19-707.02 and Section 8-5-10 of the
1976 Code, as amended, shall not apply to employees hired for 120
days or less.
129.9. That salaries paid to officers and employees of the State,
including its several boards, commissions, and institutions shall
be in full for all services rendered, and no perquisites of office
or of employment shall be allowed in addition thereto, but such
perquisites, commodities, services or other benefits shall be
charged for at the prevailing local value and without the purpose
or effect of increasing the compensation of said officer or
employee. The charge for these items may be payroll deducted at
the discretion of the Comptroller General or the chief financial
officer at each agency maintaining its own payroll system. This
shall not apply to the Governor's Mansion, nor to guards at any of
the state's penal institutions and nurses and attendants at the
Department of Mental Health, and the Department of Mental
Retardation, and registered nurses providing clinical care at the
MUSC Medical Center, nor to the Superintendent and staff of John
de la Howe School, nor to the cottage parents and staff of Wil Lou
Gray Opportunity School, nor to full-time or part-time staff who
work after regular working hours in the SLED Communications Center
or Maintenance Area, nor to the Directors of John G. Richards
Campus, Willow Lane Campus, and the Reception and Evaluation
Center at the Department of Youth Services. The Presidents of
those State institutions of higher learning authorized to provide
on-campus residential facilities for students may be permitted to
occupy residences on the grounds of such institutions without
charge.
Any state institution of higher learning may provide a housing
allowance to the President in lieu of a residential facility, the
amount to be approved by the Budget and Control Board.
That the following may be permitted to occupy residences owned by
the respective Departments without charge: the Commissioner of
the Department of Corrections, the State Commissioner of Mental
Health, the Farm Director, Farm Managers, and Specialists
employed at the Wateree River Correctional Institution, Walden
Correctional Institution, MacDougall Youth Correctional Center,
and Givens Youth Correctional Center; the S. C. State Commission
of Forestry fire tower operators, forestry aides, and caretaker at
central headquarters; the S. C. Wildlife and Marine Resources
Department's Game Management Personnel, Fish Hatchery
Superintendents, Lake Superintendent, and Fort Johnson
Superintendent; the Department of Parks, Recreation and Tourism
field personnel in the State Parks Division; the Agricultural Aide
at the Department of Youth Services Farm; Director of Wil Lou Gray
Opportunity School; President of the School for the Deaf and
Blind; house parents for the Commission for the Blind; Director of
the Physical Plant at Winthrop College and Farm Superintendent at
Winthrop College; S.C. Department of Health and Environmental
Control personnel at the State Park Health Facility and Camp Burnt
Gin; Assistant Director of Residence Life and a student counselor
at Lander College; Clemson University's Head Football Coach; the
Department of Mental Retardation physicians and other
professionals at Whitten Center, Clemson University Off-Campus
Agricultural Staff and Housing Area Coordinators; and University
of South Carolina's Manager of Bell Camp Facility, Director of
Community Relations, Housing Maintenance Night Supervisors,
Residence Life Directors, temporary and transition employees, and
emergency medical personnel. Except in the case of elected
officials, the fair market rental value of any residence furnished
to a State Employee shall be reported by the State Agency
furnishing the residence to the State Auditor and the Joint
Legislative Committee on Personal Service Financing and Budgeting
by October 1, of each fiscal year.
All salaries paid by departments and institutions shall be in
accord with a uniform classification and compensation plan,
approved by the Budget and Control Board, applicable to all
personnel of the State Government whose compensation is not
specifically fixed in this Act. Such plan shall include all
employees regardless of the source of funds from which payment for
personal service is drawn. Academic personnel of the institutions
of higher learning and other individual or group of positions that
cannot practically be covered by the plan may be excluded
therefrom but their compensations shall, nevertheless, be subject
to approval by the Budget and Control Board. Salary
appropriations for employees fixed in this Act shall be in full
for all services rendered, and no supplements from other sources
shall be permitted or approved by the State Budget and Control
Board. With the exception of travel and subsistence, legislative
study committees shall not compensate any person who is otherwise
employed as a full-time state employee. Salaries of the heads of
all agencies of the State Government shall be specifically fixed
in this Act and no salary shall be paid any agency head whose
salary is not so fixed. The source of compensation for any
position in the State Government shall not be changed without
approval of the Budget and Control Board. State agencies and
institutions shall be allowed to spend public funds on employee
plaques, certificates, and other similar recognition events, up to
the limit of $50 for each individual, provided that no such award
is monetary, and that total expenditures of public funds for such
awards by each state agency or institution do not exceed $1,000.
129.10. Each organization receiving a contribution in this Act
shall render to the Budget and Control Board by November 1 of the
fiscal year in which funds are received, an accounting of how the
state funds will be spent, a copy of the adopted budget for the
current year, and also a copy of the organization's most recent
operating financial statement. The funds appropriated in this
Act for contributions shall not be expended until the required
financial statements are filed with the Budget and Control Board.
No funds in this Act shall be disbursed to organizations or
purposes which practice discrimination against persons by virtue
of race, creed, color or national origin. The State Auditor shall
review and audit, if necessary, the financial structure and
activities of each organization receiving contributions in this
Act and make a report to the General Assembly of such review
and/or audit, when requested to do so by the Budget and Control
Board.
129.11. Travel and subsistence expenses, whether paid from State
appropriated, Federal, local or other funds, shall be allowed in
accordance with the following provisions:
A. Unless otherwise provided in paragraphs B through H of this
section, all employees of the State of South Carolina or any
agency thereof including employees and members of the governing
bodies of each technical education center while traveling on the
business of the State shall, upon presentation of a paid receipt,
be allowed reimbursement for actual expenses incurred for lodging.
Agencies may contract with lodging facilities to pay on behalf of
an employee. Failure to maintain proper control of direct
payments for lodging may result in the revocation of the agency's
authority by the Comptroller General or the State Auditor. The
employee shall also be reimbursed for the actual expenses incurred
in the obtaining of meals except that such costs shall not exceed
($20) per day within the State of South Carolina. For travel
outside of South Carolina the maximum daily reimbursement for
meals shall not exceed ($32). It shall be the responsibility of
the agency head to monitor the charges for lodging which might be
claimed by his employees in order to determine that such charges
are reasonable, taking into consideration location, purpose of
travel or other extenuating circumstances. The provisions of this
item shall not apply to Section 42-3-40 of the 1976 Code.
B. That employees of the State, when traveling outside the
United States, Canada, and Puerto Rico upon promotional business
for the State of South Carolina shall be entitled to actual
expenses for both food and lodging.
C. The Governor, Lieutenant Governor, Secretary of State,
Comptroller General, Attorney General, State Treasurer, Adjutant
General, Superintendent of Education and the Commissioner of
Agriculture shall be reimbursed actual expenses for subsistence.
D. Non-legislative members of committees appointed pursuant to
Acts and Resolutions of the General Assembly whose membership
consists solely of members of the General Assembly or members of
the General Assembly and other personnel who are not employees of
the State of South Carolina shall be allowed subsistence expenses
of $35 per day while traveling on official business. Members of
such committees may opt to receive actual expenses incurred for
lodging and actual expenses incurred in the obtaining of meals in
lieu of the allowable subsistence expense.
E. Members of the State Boards, Commissions, or Committees whose
duties are not full-time and who are paid on a per diem basis,
shall be allowed reimbursement for actual expenses incurred at the
rates provided in Paragraph A and I of this section while away
from their places of residence on official business of the State.
One person accompanying a handicapped member of a State Board,
Commission, or Committee on official business of the State shall
be allowed the same reimbursement for actual expenses incurred at
the rates provided in Paragraph A through I of this section.
F. No subsistence reimbursement shall be allowed to a Justice of
the Supreme Court or Judge of the Court of Appeals while traveling
in the county of his official residence. When traveling on
official business of said court within 40 miles outside the county
of his official residence, a Supreme Court Justice and a Judge of
the Court of Appeals shall be allowed subsistence expenses in the
amount of $35 per day plus such mileage allowance for travel as is
provided for other employees of the State. When traveling on
official business of said Court 40 or more miles outside the
county of his official residence, each Justice and Judge of the
Court of Appeals shall be allowed subsistence expenses in the
amount as provided in this Act for members of the General Assembly
plus such mileage allowance for travel as is provided for other
employees of the State. The Chief Justice, or such other person
as he designates, while attending the Conference of Chief Justices
and one member of the Supreme Court while attending the National
Convention of Appellate Court Judges, and three Circuit Judges
while attending the National Convention of State Trial Judges
shall be allowed actual subsistence and travel expenses.
Upon approval of the Chief Justice, Supreme Court Justices,
Judges of the Court of Appeals, Circuit Judges, and Family Court
Judges shall be reimbursed for actual expenses incurred for all
other official business requiring out-of-state expenses at the
rate provided in paragraph A of this section.
G. No subsistence reimbursements are allowed to a Circuit Judge
or a Family Court Judge while holding court within the county in
which he resides. While holding court or on other official
business outside the county, but within the circuit in which he
resides and within fifty miles of his residence, a Circuit Court
Judge or Family Court Judge is entitled to a subsistence allowance
in the amount of $35 per day. While holding court or on other
official business within his circuit at a location fifty miles or
more from his residence or without his circuit, a Circuit Court or
Family Court Judge is entitled to a subsistence allowance in the
amount as provided in this Act for members of the General
Assembly.
H. Any retired Justice, Circuit Court Judge or Family Court
Judge appointed by the Supreme Court to serve as a Special Circuit
Judge, Family Court Judge, Appeals Court Judge, or Acting
Associate Justice shall serve without pay but shall receive the
same allowance for subsistence, expenses, and mileage as provided
in Part I for Circuit Court Judges.
I. No expense shall be allowed an employee either at his place
of residence or at the official headquarters of the agency by
which he is employed except as provided in paragraph E, of this
section. When an employee is assigned to work a particular
territory or district, and such territory or district and his
official headquarters are in different localities or sections of
the State, expenses may be allowed for the necessary travel to his
official headquarters. The members of the Workers' Compensation
Commission, Public Service Commission and the Employment Security
Commission may be reimbursed at the regular mileage rate of one
round trip each week from their respective homes to Columbia. No
subsistence reimbursement shall be allowed to a member of the
Workers' Compensation Commission, Public Service Commission or the
Employment Security Commission while traveling in the county of
his official residence. When traveling on official business of
the Commission within 50 miles outside the county of his official
residence, a member of the Workers' Compensation Commission,
Public Service Commission or the Employment Security Commission
shall be allowed subsistence expenses in the amount of $35 per
day. When traveling on official business of the Commission 50 or
more miles outside the county of his official residence, each
member shall be allowed a subsistence expense in the amount of $50
per day except that members of the Employment Security Commission,
Public Service Commission, and Workers' Compensation Commission
shall receive a subsistence allowance as provided in this Act for
members of the General Assembly.
J. When an employee of the State shall use his or her personal
automobile in traveling on necessary official business, a charge
of 25.5 cents per mile will be allowed for the use of such
automobile and the employee shall bear the expense of supplies and
upkeep thereof. Whenever state-provided motor pool vehicles are
reasonably available and an employee of the State shall request
for his own benefit to use his or her personal vehicle in
traveling on necessary official business, a charge of 24.5 cents
per mile will be allocated for the use of such vehicle and the
employee shall bear the expense of supplies and upkeep thereof.
When such travel is by a State-owned automobile, the State shall
bear the expense of supplies and upkeep thereof but no mileage
will be allowed. Agencies and employees are directed to use state
fueling facilities to the maximum extent possible, when such use
is cost-beneficial to the State. When using commercial fueling
facilities, operators of state-owned vehicles are directed to use
self-service pumps. In traveling on the business of the State,
employees are required to use the most economical mode of
transportation, due consideration being given to urgency,
schedules and like factors.
Mileage between an employee's home and his/her place of
employment is not subject to reimbursement. However, when an
employee leaves on a business trip directly from his/her home, and
does not go by the employee's headquarters, the employee shall be
eligible for reimbursement for actual mileage beginning at his/her
residence.
K. That a state agency may advance travel and subsistence
expense monies to employees of that agency for the financing of
ordinary and necessary travel required in the conducting of the
business of the agency. The Budget and Control Board is directed
to develop and publish rules and regulations pertaining to the
advancing of travel expenses and no state agency shall make such
advances except under the rules and regulations as published.
All advances for travel and subsistence monies shall be repaid to
the agency within thirty (30) days after the end of the trip or by
the end of the fiscal year, whichever comes first.
L. That the state institutions of higher learning are authorized
to reimburse reasonable relocation expenses for new employees when
such reimbursements are considered by the agency head to be
essential to successful recruitment of professionally competent
staff members.
M. The State Budget and Control Board is authorized to
promulgate and publish rules and regulations governing travel and
subsistence payments.
129.12. The per diem allowance of all boards, commissions and
committees shall be at the rate of thirty-five ($35) dollars per
day. No full-time officer or employee of the State shall draw any
per diem allowance for service on such boards, commissions or
committees.
129.13. In addition to the powers and duties devolved upon the
Budget and Control Board by the 1976 Code of Laws of this State,
the said Board is hereby given full power and authority to make
surveys, studies, and examinations of departments, institutions,
and agencies of this State, as well as its programs, so as to
determine whether a proper system of accounting is maintained in
such departments, institutions, commissions, and agencies, and to
require and enforce the adoption of such policies as are deemed
necessary to accomplish these purposes; and to survey, appraise,
examine and inspect, and determine the true conditions of all
property of the State, and what may be necessary to protect it
against fire hazard or deterioration, and to conserve its use for
State purposes, and to make and issue and to enforce all
necessary, needful, and convenient rules and regulations for the
enforcement of this provision and to approve the destruction or
disposal of records of no value to the State. The State Budget and
Control Board may require that all plans and specifications for
permanent improvements of any nature by any state department or
institution shall be submitted to the said Board for approval
prior to the awarding of any contract therefor, or prior to
construction by any other means. The State Budget and Control
Board shall have the authority to approve blanket bonds for each
of the several departments, agencies and institutions of the state
government, which bonds shall include coverage requirements by law
for particular officials and employees and any others who, in the
opinion of the Board, should be bonded. Such blanket bonds shall
be subject to approval as to form and execution by the Attorney
General.
The Division of General Services may contract to develop an
energy utilization management system for state facilities under
its control and to assist other agencies and departments in
establishing similar programs following all applicable laws and
regulations, but no capital expenditures are authorized hereby.
129.14. Notwithstanding any other provision of law, the State
Treasurer may enter into contracts whereby the agency or
institution may accept credit cards as payment for goods or
services provided.
129.15. Any appropriations made herein or by special act
hereafter, are hereby declared to be maximum, conditional and
proportionate, the purpose being to make them payable in full in
the amount named herein, if necessary, but only in the event the
aggregate revenues available during the period for which the
appropriation is made are sufficient to pay them in full. The
State Budget and Control Board shall have full power and authority
to survey the progress of the collection of revenue and the
expenditure of funds by all departments and institutions. If the
Budget and Control Board determines that a deficit may occur, it
shall utilize such funds as may be available to avoid a year end
deficit and thereafter take such action as necessary to restrict
the rate of expenditure as provided in Section 129.6 of this Act.
No institution, activity, program, item, special appropriation, or
allocation for which the General Assembly has provided funding in
any part of this Act shall be discontinued, deleted, or deferred
by the Budget and Control Board. Any reduction of rate of
expenditure by the said Board, under authority of this Act, shall
be applied as uniformly as may be practicable except that no
reduction shall be applied to funds encumbered by a written
contract with an agency not connected with the State Government;
and in making such reductions any amounts of State Revenues
allocated by law to Counties and Municipalities (commonly referred
to as Aid to Subdivisions) shall be subject to reduction the same
as appropriations. Counties and Municipalities shall be
immediately notified of any such action by the Board. No such
reduction shall be ordered by the State Budget and Control Board
while the General Assembly is in session without first reporting
such necessity to the General Assembly.
The expenditure of funds, heretofore or hereafter provided, by
any State Agency, except the Department of Highways and Public
Transportation for permanent improvements as defined in the State
Budget, shall be subject to approval and regulations of the State
Budget and Control Board. The Board shall have authority to allot
to specific projects from funds made available for such purposes,
such amounts as are estimated to cover the respective costs of
such projects, to declare the completion of any such projects, and
to dispose, according to law, of any unexpended balances of
allotments, or appropriations, or funds otherwise provided for
such projects, upon the completion thereof. The approval of the
Budget and Control Board shall not be required for minor
construction projects (including renovations and alterations)
where the cost does not exceed an amount determined by the Joint
Bond Review Committee and the Budget and Control Board.
In all construction, improvement and renovation of State
buildings, the applicable standards and specifications set forth
in each of the following codes shall be followed: The Standard
Building Code - 1988 Edition with 1989 Revisions (Appendices
A,G,K, and M shall be omitted); The Standard Existing Buildings
Code - 1988 Edition; the Standard Gas Code - 1988 Edition with
1989 Revisions; The Standard Mechanical Code - 1988 Edition with
1989 Revisions; The Standard Plumbing Code - 1988 Edition with
1989 Revisions; The Standard Fire Prevention Code - 1988 Edition
with 1989 Revisions, all as adopted by the Southern Building Code
Congress International, Inc.; also the National Electrical Code-
NFPA 70-1990; The National Electrical Safety Code-ANSI-C2-1987;
and The National Fire Protection Association-NFPA 58-1989.
129.16. (A) Transfers of appropriations herein provided may be
made within departments upon written justification to the State
Budget Division and upon the unanimous approval of the State
Budget and Control Board.
(B) No such transfer may exceed twenty percent of the program
budget. Upon request, details of such transfers may be provided
to members of the General Assembly on an agency by agency basis.
(C) No transfers for the purpose of providing salary increases
for current employees shall be allowed from funds appropriated in
this Act for new positions.
(D) The Board shall use all transfer activity data to assist in
analyzing agencies' budget requests. A report on transfer
activity shall be made quarterly to the Ways and Means Committee
and the Senate Finance Committee.
129.17. Subsection (a). The Budget and Control Board is hereby
directed to assess and collect a rental charge from all
departments and agencies of the State Government occupying space
in state-controlled office buildings. The amount charged each
department or agency shall be calculated on a square foot, or
other equitable basis of measurement, and at such rates as will
yield sufficient total annual revenue to cover, unless the Budget
and Control Board determines otherwise, in priority order, both
(1) the annual principal and interest due on the Capital
Improvement Obligations authorized by Act No. 829 of the 1964
Acts, Act No. 1273 of the 1970 Acts and Act No. 508 of the 1971
Acts and Act No. 1377 of the 1968 Acts as amended for projects
administered by the Division of General Services and (2)
maintenance and operation costs of state-controlled office
buildings in the City of Columbia. The amount so collected which
is applicable to the payment of principal and interest due on
obligations authorized by Act 1377 of the 1968 Acts as amended
shall be paid into the state's General Fund to apply on debt
service appropriations under the Section 119 of this Act.
Subsection (b). All departments and agencies against which
rental charges are assessed and whose operations are financed in
whole or in part by Federal and/or other nonappropriated funds are
directed to apportion the payment of such charges equitably among
all such funds, so that each shall bear its proportionate share.
All appropriations in this Act applicable to the rental of space
in state-controlled buildings (exclusive of the Department of
Highways and Public Transportation), shall be available only for
payment of that portion of rental charges applicable to state-
appropriated operations.
Subsection (c). Rental collections shall be deposited by the
Budget and Control Board in the State Treasury in a special
account and shall be expended only for (1) payment of principal
and interest due on the obligations referred to in Subsection (a)
above and (2) maintenance and operations costs of the buildings
referred to in Subsection (a) above.
129.18. Any funds derived by the State Port Authority from the
rental, lease or sale of any of its facilities shall be expended
for the benefit of the particular Port where such facilities are
located.
129.19. In any instances where Federal laws or regulations,
relating to funds allotted to State Government agencies, include
requirements relating to banking procedures, the State Treasury
shall be deemed to meet the definition of a bank.
129.20. Presidents of the University of South Carolina, Clemson
University, the Medical University of South Carolina, The
Citadel, Winthrop College, South Carolina State College, Francis
Marion College, College of Charleston, and Lander College must
not be paid a fixed allowance for personal expenses incurred in
connection with the performance of their official duties.
Reimbursements may be made to the Presidents from funds available
to their respective institutions for any personal expenses
incurred provided that all requests for reimbursement are
supported by properly documented vouchers processed through the
normal accounting procedures of the institutions.
129.20A. Agency heads may receive reimbursements for business
expenses incurred while performing their official duties, provided
that receipts are presented when seeking reimbursement and
justification is submitted to document the time, place, and
purpose of the expense as well as the names of the individuals
involved. The Budget and Control Board shall promulgate
regulations governing these expenses.
129.21. It is the intent of the General Assembly that the amount
so provided to each agency or institution for employee benefits
shall be sufficient to pay the employer contribution costs of that
agency. The Budget and Control Board is directed to devise a
plan for the expenditure of the funds appropriated for employer
contributions and may require transfers of funds within an agency
or institution if it becomes evident that the employer
contribution costs will exceed the funds available for that
purpose.
129.22. The General Assembly expresses its continuing concern
over the control of the number of personnel employed by the State
of South Carolina. This concern is evidenced in the 1980 Public
Employment Report of the United States Bureau of Census. It is
further declared to be the intent of the General Assembly to
continue to take positive steps to control and restrict the number
of personnel employed in the future, without unduly hampering the
legitimate functions of state government.
In order to obtain the necessary control over the number of
employees, the Budget and Control Board is hereby directed to
maintain close supervision over the number of state employees, and
to require specifically the following:
1. That no state agency exceed the total authorized number of
full-time equivalent positions funded from State, Federal, or
other sources as provided in each section of this Act except by
majority vote of the Budget and Control Board after review and
comment by the Joint Legislative Committee on Personal Service
Financing and Budgeting. Specific written confirmation of such
majority approval shall be forwarded to the Joint Appropriations
Review Committee in the event that any agency is allowed to exceed
the number of positions authorized in this Act.
2. That the State Budget Division shall maintain and make, as
necessary, periodic adjustments thereto, an official record of the
total number of authorized full-time equivalent positions by
agency categorized by State, Federal, or other funding sources and
shall provide a certified duplicate of such record to the Joint
Legislative Committee on Personal Service Financing and Budgeting
and to the Joint Appropriations Review Committee. The State
Budget Division shall submit monthly reports to the Joint
Legislative Committee on Personal Service Financing and Budgeting
and the Joint Appropriations Review Committee and such reports
shall include any changes in the authorized number of full-time
equivalent positions, the number of filled and vacant positions
and any other data requested by the committees.
(a) That within thirty (30) days of the passage of the
Appropriation Act or by August 1, whichever comes later, each
agency of the State must have established on the Budget and
Control Board records all positions authorized in the Act. After
that date, the Board shall delete any nonestablished positions
immediately from the official record of authorized full-time
equivalent positions. No positions shall be established by the
Board in excess of the number authorized in the Board record of
authorized full-time equivalent positions.
(b) By September 30, the Board shall prepare a personal service
detail, by agency, which shows each position established for the
fiscal year and the amount of funds required, by source of funds,
to support the position for the fiscal year at a funding level of
100% and the Board shall then reconcile each agency's personal
service detail with the agency's personal service appropriation as
contained in the Act adjusted for any pay increases, and any other
factors necessary to reflect the agency's personal service funding
level. The Board shall provide a copy of each agency's personal
service reconciliation to the Joint Legislative Committee on
Personal Service Financing and Budgeting.
(c) Any position which is shown by the reconciliation to be
unfunded or significantly underfunded may be deleted at the
direction of the Budget and Control Board and the Joint
Legislative Committee on Personal Service Financing and Budgeting.
(d) Full-time equivalent (FTE) positions shall be determined
under the following guidelines:
1. The annual work hours for each FTE shall be the agency's
full-time standard annual work hours.
2. The state FTE shall be derived by multiplying the state
percentage of budgeted funds for each position by the FTE for that
position.
3. All institutions of higher education shall use a value of
0.75 FTE for each position determined to be full-time faculty with
a duration of nine (9) months.
The FTE method of accounting shall be utilized for all authorized
positions.
3. That the number of positions authorized in this Act shall be
reduced in the following circumstances:
(a) Upon request by an agency.
(b) When anticipated federal funds are not made available.
(c) When the Budget and Control Board, through study or
analysis, becomes aware of any unjustifiable excess of positions
in any state agency.
(d) When a position has been vacant for nine months. Except in
the case of an academic position at an institution of higher
education when such position has been vacant for eighteen months.
4. That no new permanent positions in state government shall be
funded by appropriations in acts supplemental to this Act but
temporary positions may be so funded.
5. The provisions of this section shall not apply to personnel
exempt from the State Classification and Compensation Plan under
Item I of Section 8-11-260 of the 1976 Code.
The Budget and Control Board, in making their appropriation
recommendations to the Ways and Means Committee, must provide that
the level of personal service appropriation recommended for each
agency is at least 95% of the funds required to meet 100% of the
funds needed for the full-time equivalents positions recommended
by the Board (exclusive of new positions).
129.23. The Legislative Audit Council, the State Auditor, the
House Ways and Means Committee, the State Reorganization
Commission and the Senate Finance Committee shall be furnished a
copy of each audit report issued by a Federal Audit Agency within
fifteen days from the date of receipt by the State Agency. The
State Auditor shall periodically furnish a list of such reports to
each member of the General Assembly and to the Joint
Appropriations Review Committee. The State Auditor will provide a
copy of each Federal Block Grant Audit Report to the Joint
Appropriations Review Committee to comply with provisions of the
Omnibus Budget Reconciliation Act of 1981.
129.24. Notwithstanding any other provision of law, the Budget
and Control Board shall be responsible for coordinating the
placement of all state employees who are terminated because of a
reduction-in-force resulting from reduced personal service funding
and shall issue such administrative procedures as necessary to
carry out the intent of this proviso. When a vacancy occurs in a
state agency, or when an agency acts to fill a new position as
listed and italicized in the Appropriation Act, the agency shall
implement the recall provisions of their reduction-in-force
procedure and plan concerning its employees who have been
terminated as a result of a reduction-in-force. State agencies
shall give priority consideration to those employees who have been
terminated from any other state agency as a result of this
reduction-in-force and who were formerly employed in the same
classification, classification series, or position category as the
vacancy or the new position listed in this Act. Notwithstanding
any other provision of law, when a vacancy occurs in a state
agency, other than institutions of higher education, or when an
agency acts to fill a new position, the agency shall give
preference to residents of this State, if the two are equally
qualified for the vacancy or new position. The Budget and Control
Board shall study the feasibility in state government of using
contract services from private entities or any matter relating to
this subject as directed by the Board in lieu of hiring permanent
employees when vacancies occur. The Budget and Control Board
shall report its findings to the Chairman of the House Ways and
Means Committee and the Chairman of the Senate Finance Committee
by January 1, 1991. The Budget and Control Board shall
immediately notify all agencies of this new requirement on the
effective date of this Act.
129.25. It is the responsibility of all agencies, departments and
institutions of state government, to provide at no cost and as a
part of the regular services of the agency, department or
institutions such services as are necessary to carry out the
provisions of Chapter 52 of Title 44 (Involuntary Commitment),
Article 7, Chapter 17 of Title 44 of the 1976 Code (Judicial
Commitment), Chapter 3 of Title 17 of the 1976 Code (Defense of
Indigents), and Article 1 of Chapter 3 of Title 16 of the 1976
Code (Death Penalty), as amended, upon request of the Judicial
Department and/or the appropriate court. To this end, state
agencies are directed to furnish to the Judicial Department a list
of their employees who are competent to serve as court examiners.
The Judicial Department shall forward a copy of this list to the
appropriate courts, and the courts shall utilize the services of
such state employees whenever feasible. State employees shall
receive no additional compensation for performing such services.
For the purpose of interpreting this section, employees of the
Medical University of South Carolina and individuals serving an
internship or residency as an academic requirement or employees
who are not full-time state employees and who are not performing
duties as state employees are not considered state employees.
129.26. Notwithstanding any other provision of law, any aircraft
and watercraft confiscated or seized under the provisions of Act
185 of 1979 may be used by a governmental agency, at the
discretion and approval of the Budget and Control Board.
129.27. All state employees, who are commissioned law enforcement
officers upon retirement, if vested, may purchase their assigned
weapon at a nominal fee.
129.28. No aircraft will be purchased or leased or leased-
purchased for more than a 30-day period for any state agency
without the authorization of the State Budget and Control Board
and the Joint Bond Review Committee.
129.29. DELETED
129.30. Final settlement received on Federal funds allotted to
the state and the investment earnings thereof, under the
provisions of the State and Local Fiscal Assistance Act of 1972
not heretofore appropriated, shall be applied to the payment of
appropriations in this Act for the state contribution to the South
Carolina Retirement System.
129.31. The Department of Mental Retardation, Department of
Social Services, and Department of Youth Services shall furnish as
Family Foster Care payments for individual foster children under
their sponsorship:
ages 0 - 5 $182 per month
ages 6 - 12 $209 per month
ages 13 + $275 per month
These specified amounts are for the basic needs of the foster
children. Basic needs within this proviso are identified as food
(at home and away), clothing, housing, transportation, education
and other costs as defined in the U.S. Department of Agriculture
study of "Annual Cost of raising a Child to Age Eighteen".
Further, each agency shall identify and justify, as another line
item, all material and/or services, in excess of those basic needs
listed above, which were a direct result of a professional agency
evaluation of clientele need. Legitimate medical care in excess
of Medicaid reimbursement or such care not recognized by Medicaid
may be considered as special needs if approved by the
sponsoring/responsible agency and shall be reimbursed by the
sponsoring agency in the same manner of reimbursing other special
needs of foster children.
129.32. After July 1, of the current fiscal year, the
Department of Health and Environmental Control, Department of
Mental Health, Department of Mental Retardation Department of
Social Services, State Health and Human Services Finance
Commission, Commission on Aging, Advisory Board for Review of
Foster Care of Children, Department of Corrections, and Department
of Youth Services may expend if necessary, state appropriated
funds for the current fiscal year to cover fourth quarter Federal
Programs expenses incurred in the prior fiscal year necessitated
by the time lag of federal reimbursement.
129.33. Amounts appropriated to the Department of Health and
Environmental Control, Department of Social Services, State Health
and Human Services Finance Commission, and Commission on Aging may
be expended to cover program operations of prior fiscal years
where adjustment of such prior years are necessary under federal
regulations or audit exceptions. All disallowances or notices of
disallowances by any federal agency of any costs claimed by these
agencies shall be submitted to the State Auditor, the House Ways
and Means Committee and the Senate Finance Committee, within five
days of receipt of such actions.
129.34. The Department of Youth Services, Department of
Corrections, Probation, Parole and Pardon Services, Department of
Mental Health, Department of Mental Retardation and School for the
Deaf and Blind may replace the personal property of an employee
which has been damaged or destroyed by a client while in custody
of the agency. The replacement of personal property may be made
only if the loss has resulted from actions by the employee deemed
to be appropriate and in the line of duty by the agency head and
if the damaged or destroyed item is found by the agency head to be
reasonable in value, and necessary for the employee to carry out
the functions and duties of his employment. Replacement of
damaged or destroyed items shall not exceed $250 per item, per
incident. Each agency must have guidelines to insure the
reasonableness of the replacement payments.
129.35. The Board of the Medical University of South Carolina
shall provide hospital services to state employees and officials
of state government at a rate not to exceed the payment rates to
hospitals provided in the state employees insurance program
administered by the Budget and Control Board. Private physician
fees and all dental are not included.
129.36. The Medical University of South Carolina and the School
of Medicine of the University of South Carolina shall develop
health programs for agency heads. The programs shall be
submitted to the Budget and Control Board for approval, after
which the Board may authorize the agency or institution to pay, on
behalf of the agency head, one-half of the cost, provided that the
amount to be paid by the agency shall not exceed $250. Where the
agency or institution is located in an area other than Columbia
or Charleston, the Budget and Control Board may approve an
alternate health plan for the agency head and may authorize
payment by the agency which is consistent with payments to the
Medical University or the University of South Carolina.
129.37. Each agency having in its custody one or more aircraft
shall maintain a continuing log on all flights, which shall be
open for public inspection. Any and all aircraft owned or
operated by agencies of the State Government shall be used only
for official business. The Aeronautics Commission and other
agencies owning and operating aircraft may furnish transportation
to the Governor, Constitutional Officers, members of the General
Assembly, members of state boards, commissions, and agencies and
their invitees for official business only; no member of the
General Assembly, no member of a state board, commission or
committee, and no state official shall use any aircraft of the
Aeronautics Commission unless the member or official files within
forty-eight hours after the time of departure of the flight with
the Aeronautics Commission a sworn statement certifying and
describing the official nature of his trip; and no member of the
General Assembly, no member of a state board, commission or
committee, and no state official shall be furnished air
transportation by a state agency other than the Aeronautics
Commission unless such agency prepares and maintains in its files
a sworn statement from an appropriate official of the agency
certifying that the member's or state official's trip was in
conjunction with the official business of the agency. Official
business shall not include routine transportation to and from
meetings of the General Assembly or committee meetings for which
mileage is authorized.
All logs shall be signed by the parties using the flight and the
signatures shall be maintained as part of the permanent record of
any agency. All passengers shall be listed on the flight log by
their legal name; passengers flying with an appropriate official
of SLED or the State Development Board whose confidentiality must,
in the opinion of SLED or the Board, be protected shall be listed
in writing on the flight log as "Confidential Passenger of SLED or
State Development Board (strike one)" and the appropriate official
of SLED or the Board shall certify to the agency operating the
aircraft the necessity for such confidentiality.
Violation of the above provisions of this section is prima facie
evidence of a violation of Section 8-13-410(1) of the 1976 Code
and shall subject a violating member of the General Assembly to
the ethics procedure of his appropriate house and shall subject a
violating member of a state board, commission or committee, or a
state official to the applicable ethics procedure relating to them
as provided by law.
The above provisions do not apply to aircraft of the Aeronautics
Commission when used by the Medical University of South Carolina,
nor to aircraft of the athletic department or the educational
foundations of any state-supported institution of higher
education.
Aircraft owned by agencies of state government shall not be
leased to individuals for their personal use.
129.38. Professional and Occupational Licensing Agencies must
generate revenue equal to 110 percent of their appropriation. In
any year during which any Professional and Occupational Licensing
Agency does not generate the required revenue as provided above,
it shall generate sufficient revenue in the succeeding year to
offset the prior deficit, in addition to meeting requirements for
the current year. Professional and Occupational Licensing Boards
may adjust fees, if necessary, to generate revenue at least ten
percent above the current year state appropriation.
129.39. All agencies are directed to assist the U. S. Post
Office in a cost study of the savings which may be realized
through the use of the zip plus four system.
129.40. Any employee who is approved for dual employment must
be paid in a timely manner. The secondary agency is required to
make payment of funds approved for and earned under dual
employment within forty-five days of the beginning of the
employment.
129.41. The Budget and Control Board, through the Information
Technology Planning Process of the Division of Research and
Statistical Services, is authorized and directed to identify all
expenditures and requested increases for information technology
for Agencies, Institutions or Departments, with the exception of
colleges and universities, compile the request into one report,
evaluate and place priorities on each request, and recommend
funding levels. No agency shall commit to expend more funds for
information technology than allocated to the agency for the
purpose without first receiving an approved transfer of such funds
from other budget items.
129.42. (A) No state agency, department, board, committee,
commission, or authority, may increase an existing fee for
performing any duty, responsibility, or function unless the fee
for performing the particular duty, responsibility, or function is
authorized by statutory law and set by regulation except as
provided in this paragraph.
(B) This paragraph does not apply to:
(1) state-supported governmental health care facilities;
(2) state-supported schools, colleges, and universities;
(3) educational, entertainment, recreational, cultural, and
training programs;
(4) the State Board of Financial Institutions;
(5) sales by state agencies of goods or tangible products
produced for or by these agencies;
(6) charges by state agencies for room and board provided on
state-owned property;
(7) application fees for recreational activities sponsored by
state agencies and conducted on a draw or lottery basis;
(8) court fees or fines levied in a judicial or adjudicatory
proceeding;
(9) the South Carolina Public Service Authority or the South
Carolina Ports Authority.
(C) This paragraph does not prohibit a state agency,
department, board, committee, or commission from increasing fees
for services provided to other state agencies, departments,
boards, committees, commissions, political subdivisions, or fees
for health care and laboratory services regardless of whether the
fee is set by statute.
(D) Statutory law for purposes of this paragraph does not
include regulations promulgated pursuant to the State
Administrative Procedures Act.
129.43. TABLED (Electronic Funds Transfer System Study)
129.44. DELETED
129.45. Notwithstanding any other provision of law, agencies
appropriated case services funds who routinely receive prior year
case service billings after the old fiscal year has been
officially closed are authorized to pay these case service
obligations with current funds. This authorization does not apply
to billings on hand that have been through a timely agency payment
approval process when the old fiscal year closes.
129.46. DELETED
129.47. It is the policy of the State of South Carolina to
recruit, hire, train, and promote employees without discrimination
because of race, color, sex, national origin, age, religion or
physical disability. This policy is to apply to all levels and
phases of personnel within state government, including but not
limited to recruiting, hiring, compensation, benefits, promotions,
transfers, layoffs, recalls from layoffs, and educational, social,
or recreational programs. It is the policy of the State to take
affirmative action to remove the disparate effects of past
discrimination, if any, because of race, color, sex, national
origin, age, religion or physical disability.
Each state agency shall submit to the State Human Affairs
Commission employment and filled vacancy data by race and sex by
October 31, of each year.
In accordance with Section 1-13-110 of the South Carolina Code
of Laws of 1976, as amended, the Human Affairs Commission shall
submit a report on the status of State Agencies' Affirmative
Action Plans and Programs to the General Assembly by February 1
each year. This report shall contain the total number of persons
employed in each job group, by race and sex, at the end of the
preceding reporting period, a breakdown by race and sex of those
hired or promoted from within the agency during the reporting
period, and an indication of whether affirmative action goals were
achieved.
For each job group referenced in the Human Affairs report, where
the hiring of personnel does not reflect the percentage goals
established in the agency's affirmative action plan for the year
in question, the state agency shall submit a detailed explanation
to the Human Affairs Commission by February 15, explaining why
goals were not achieved.
The Human Affairs Commission shall review the explanations and
notify the Budget and Control Board of any agency not in
satisfactory compliance with meeting its stated goals.
The Budget and Control Board shall notify any agency not in
compliance that their request for additional appropriations for
the current appropriation cycle, may not be processed until such
time as the Budget and Control Board, after consultation with the
Human Affairs Commission, is satisfied that the agency is making a
good faith effort to comply with its affirmative action plan, and
that the compliance must be accomplished within a reasonable
length of time to be determined by the mission and circumstances
of the agency. This requirement shall not affect additional
appropriation requests for public assistance payments or aid to
entities.
This section does not apply to those agencies that have been
exempted from the reporting requirements of the Human Affairs
Commission.
129.48. The General Assembly finds that the operation of health
and human services may be enhanced by closer working relationships
among agencies at the state and local level. The General Assembly
finds that coordination at both levels provides opportunities to
serve the citizens of South Carolina better through (1) continued
expansion of services integration and (2) stronger communication
among agencies delivering services.
In order to assist in, recommend, develop policy for, and
supervise the expenditure of funds for the continuation of service
integration in South Carolina, there is created a Human Services
Coordinating Council, hereinafter, entitled the Council. The
Council shall consist of:
(1) The chairperson of the boards of the following agencies:
Commission on Aging, Commission on Alcohol and Drug Abuse,
Commission on the Blind, Children's Foster Care Review Board,
Department of Education, Department of Health and Environmental
Control, State Health and Human Services Finance Commission,
Department of Youth Services, Department of Veterans' Affairs,
John De La Howe School, Department of Mental Health, Department of
Mental Retardation, School for Deaf and Blind, Department of
Social Services, Department of Vocational Rehabilitation,
Guardian ad Litem Program, Continuum of Care for Emotionally
Disturbed Children, Educational Television, Wil Lou Gray
Opportunity School, Department of Corrections, Probation, Parole
and Pardon Services and the State Housing Finance and Development
Authority.
These chairpersons shall receive the usual mileage,
subsistence, and per diem provided by law for members of
committees, boards, and commissions. Mileage, subsistence, and
per diem must be paid from the approved accounts of their
respective boards or commissions.
(2) The chief executive officer of each of the following
agencies: Commission on Aging, Commission on Alcohol and Drug
Abuse, Commission on the Blind, Children's Foster Care Review
Board, Department of Education, Department of Health and
Environmental Control, State Health and Human Services Finance
Commission, Department of Youth Services, Department of Veterans'
Affairs, John De La Howe School, Department of Mental Health,
Department of Mental Retardation, School for Deaf and Blind,
Department of Social Services, Department of Vocational
Rehabilitation, Guardian ad Litem Program, Continuum of Care for
Emotionally Disturbed Children, Educational Television, Wil Lou
Gray Opportunity School, Department of Corrections, Probation,
Parole and Pardon Services and the State Housing Finance and
Development Authority.
(3) The Governor or his designee.
(4) Other such members as the Council shall deem appropriate.
The Council shall:
(1) Select a board chairperson on an annual basis to serve as
the Council chairperson; select a chief executive officer on an
annual basis to serve as the Council vice-chairperson.
(2) Meet regularly to provide an opportunity for collaboration
and cooperation among member agencies.
The Council shall have as its goals:
(1) Identify and address priority health and human needs and
promote the availability of responsive resources.
(2) Promote cost-effective, efficient approaches for the
delivery of health and human services which include prevention,
education, reduction of dependency, promotion of self-sufficiency
and delivery of services in the least restrictive, most
appropriate community-based and institutional settings.
(3) Provide coordination between the council members and the
State Health and Human Services Finance Commission in the
development of the comprehensive State Health and Human Services
Plan.
(4) In cooperation with the State Health and Human Services
Finance Commission, coordinate and oversee efforts to integrate
services information among state agencies and between state and
local agencies.
(5) Review and monitor service integration efforts begun by the
Human Services Integration Projects, including:
(a) Developing standards for case management activities and
coordinating with local entities on service integration efforts,
and
(b) Receiving requests for funding of projects designed
to further integration of services, including review and approval
of such projects.
129.49. The State House Committee in consultation with the
Division of General Services of the State Budget and Control Board
shall conduct a study to determine the feasibility and expense of
providing alternate emergency exits from the House and Senate
Chambers. The State House Committee shall report the results of
the study to the Speaker of the House and the President of the
Senate no later than January 31, 1990. Expenses of the study must
be paid from the approved accounts of both houses.
129.50. Each agency of state government shall include in their
annual report to the General Assembly a listing of agency programs
in order of priority importance to the mission of the agency.
The reports shall further contain efficiency and effectiveness
measures regarding the performance of each agency program,
including measures which compare actual performance for the fiscal
year being reported to the actual performance of the previous
fiscal year. The Budget and Control Board shall develop uniform
criteria for the efficiency and effectiveness measures to be
included in the report.
129.51. After review by the Joint Bond Review Committee, the
State Budget and Control Board may transfer to the Bond
Contingency Revolving Fund any capital improvement bond project
balances determined not to be usable or needed. Capital
improvement bonds issued on behalf of the Mental Health Commission
as provided in Act 151 of 1983 and Act 1272 and 1276 of 1970, as
amended, or to bonds issued on behalf of the Commission on Mental
Retardation as provided in Section 44-21-1010 et seq. are exempt.
Before accomplishing a transfer of this type, the required
determination must be made by the agency for which the funds were
authorized or by the Board if the agency no longer exists and the
Board must find that the purpose for which the funds were
authorized has been achieved.
129.52. Notwithstanding any other provision of law or this Act,
state agencies and institutions may, at their discretion, hire
employees to fill temporary grant positions specified in federal
grants, public charity grants, private foundation grants, and
research grants approved or authorized by the appropriate state
authority in accordance with the following provisions:
A. Only those funds authorized within the approved federal
grant, public charity grant, private foundation grant, or research
grant can be used to pay the salaries and/or benefits of temporary
grant employees hired under this provision.
B. Temporary grant positions, employees, and the conditions of
their employment shall be reported in accordance with provisions
developed by the Division of Human Resource Management of the
Budget and Control Board.
C. Positions established under this provision must be limited to
and must not exist beyond the duration of the grant or any
subsequent renewal of it. When the grant or any subsequent
renewal ends, temporary grant employees must be terminated and
their positions will cease to exist. Temporary grant employees
will be exempt from the provisions of Sections 8-17-310 through 8-
17-380 of the 1976 Code, as amended. State agencies and
institutions must terminate all temporary grant positions at any
time funding upon which the grant is based is terminated or is
insufficient to continue payments under the conditions of the
grant.
D. Temporary grant employees may be eligible for the same
benefits, excluding permanent or probationary employment status,
available to permanent state employees provided that such funds
are available within the grant.
E. Temporary grant employees shall be deemed to be employed at
will. The temporary grant employee shall not be entitled to any
compensation beyond the date of termination, other than for such
part of the grant that has been performed.
F. Discretionary determinations by a state agency or
institution as to whether to hire an employee pursuant to this
proviso are final and not subject to administrative or judicial
appeal.
129.53. All funds involved in the settlement of asbestos
litigation cases, with the exception of those funds involving the
University of South Carolina system and Clemson University, must
be deposited into an interest bearing account in the State
Treasurer's Office entitled "Asbestos Expense Trust Account". The
University of South Carolina system and Clemson University must
deposit all funds involved in the settlement of asbestos
litigation into separate institutional interest bearing accounts
entitled "Asbestos Expense Trust Account", with each institution's
name appropriately captioned in their respective accounts, to be
maintained in the State Treasurer's Office. These accounts shall
only be used for expenses relating to asbestos litigation,
asbestos abatement, or other asbestos related expenses or
projects. Such projects must be approved by the Budget and Control
Board after review by the Joint Bond Review Committee.
129.54. Agencies of the state may contract with private
individuals for personnel services for periods not to exceed
twelve months and for amounts of less than $60,000,
notwithstanding any other provision of law.
129.55. Notwithstanding any other provision of law, a retired
member of the System may return to employment covered by the
System and earn up to ten thousand dollars a fiscal year without
affecting the monthly retirement allowance he is receiving from
the System. If the retired member continues in service after
having earned ten 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 an employee or member of the System who
has retired mandatorily because of age pursuant to Section 9-1-
1530.
129.56. Notwithstanding the provisions of subsections (1) and
(2) of Section 9-11-90, a retired member of the System may return
to employment covered by the System and earn up to ten thousand
dollars a fiscal year without affecting the monthly retirement
allowance he is receiving from the System. If the retired member
continues in service after having earned ten thousand dollars in a
fiscal year, his retirement allowance must be discontinued during
the period of service in the remainder of the fiscal year. If the
employment continues for at least forty-eight consecutive months,
the provisions of Section 9-1-1590 apply. The provisions of this
section do not apply to an employee or member of the System who
has retired mandatorily because of age pursuant to Section 9-1-
1530.
129.57. DELETED
130.1. Unless specifically authorized herein, the
appropriations provided in Part I of this Act as ordinary expenses
of the State Government shall lapse on July 31, 1991. State
agencies are required to submit all current fiscal year input
documents to the Comptroller General's Office by July 19, 1991.
Appropriations for Permanent Improvements, or for other specific
purposes aside from ordinary operating expenses, now outstanding
or hereafter provided, shall lapse at the end of the second fiscal
year in which such appropriations were provided, unless definite
commitments shall have been made, with the approval of the State
Budget and Control Board and Joint Bond Review Committee, toward
the accomplishment of the purposes for which the appropriations
were provided.
End of Part I
PART II
PERMANENT PROVISIONS
SECTION 1
The Code Commissioner is directed to include all permanent general
laws in this Part in the next edition of the Code of Laws of South
Carolina, 1976, and all supplements to the Code.
*SECTION 2
TO AMEND SECTION 12-27-390 OF THE 1976 CODE, RELATING TO THE
DISTRIBUTION OF ONE-HALF OF ONE PERCENT OF THE GASOLINE TAX
REVENUES TO THE CREDIT OF THE WATER RECREATIONAL RESOURCES FUND OF
THE STATE TREASURY, SO AS TO PROVIDE THAT UP TO TWENTY-FIVE
PERCENT OF DISTRIBUTIONS TO COUNTIES FROM THE FUND MAY BE USED FOR
CAPITAL IMPROVEMENTS FOR RECREATIONAL PURPOSES.
The first paragraph of Section 12-27-390 of the 1976 Code is
amended to read:
"One-half of one percent of the proceeds from the gasoline tax
imposed pursuant to Section 12-27-230 must be transmitted to the
Department of Wildlife and Marine Resources to be placed to the
credit of a special water recreational resources fund of the state
treasury and all balances in the fund must be carried forward each
year so that no part of the fund reverts to the general fund of
the State. Fund proceeds must be distributed to the counties
based upon the number of boats or other watercraft registered in
each county pursuant to law and expended, subject to the approval
of a majority of the county legislative delegation, including a
majority of the resident senators, if any, for the purpose of
water recreational resources and capital improvements for
recreational purposes. Not more than twenty-five percent of the
funds distributed to a county may be used for capital improvements
for recreational purposes. The amounts distributed to the
counties must be deducted from the gross proceeds of the gasoline
tax imposed under Section 12-27-230 before net proceeds to be
distributed to the Department of Highways and Public
Transportation and counties pursuant to Section 12-27-380 are
determined. This section does not reduce the one cent a gallon
license tax now being distributed to the counties pursuant to
Section 12-27-380."
* Indicates those vetoes sustained by the General Assembly June
19, 1990. (Provisions printed in italic boldface were vetoed by
the Governor June 13, 1990.)
SECTION 3
TO AMEND SECTIONS 12-7-20 AND 12-16-20, AS AMENDED, OF THE 1976
CODE, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME AND
ESTATE TAX, SO AS TO UPDATE THE REFERENCE DATE OF THIS STATE'S
ADOPTION OF VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF
1986; AND TO AMEND SECTION 12-9-390, RELATING TO THE REQUIREMENTS
ON STATE INCOME TAX WITHHOLDING AGENTS, SO AS TO UPDATE THE
REFERENCE DATE OF THE INTERNAL REVENUE CODE OF 1986 USED FOR
PURPOSES OF STATE INCOME TAX WITHHOLDING.
A.Section 12-7-20(11) of the 1976 Code, as last amended by Section
25A, Part II, Act 189 of 1989, is further amended to read:
"(11) 'Internal Revenue Code' means the Internal Revenue Code of
1986 as amended through December 31, 1989."
B.Section 12-16-20(5) of the 1976 Code, as last amended by Section
25B, Part II, Act 189 of 1989, is further amended to read:
"(5) 'Internal Revenue Code' means the Internal Revenue Code of
1986, as amended through December 31, 1989."
C. Section 12-9-390 of the 1976 Code is amended to read:
"Section 12-9-390. (A) Every withholding agent required to make
a return or deposit and pay taxes to the Internal Revenue Service
under the Internal Revenue Code of 1986, as amended through
December 31, 1989, and applicable regulations effective as of
December 31, 1989, shall at the same time, make a return or
deposit and pay to the commission any taxes deducted and withheld
under the provisions of Sections 12-9-310 to 12-9-370.
All withheld funds must be deposited at financial institutions
selected by the State Treasurer if the deposit is also required
under the Internal Revenue Code of 1986, as amended through
December 31, 1989, and applicable regulations as of December 31,
1989.
A failure to deposit, without a showing of reasonable cause,
subjects the withholding agent to a penalty of not less than ten
dollars nor more than one thousand dollars, to be assessed and
collected in the same manner and with the same effect as taxes
provided by Chapter 7 of this title.
Nonresident withholding agents may elect to remit taxes withheld
under Sections 12-9-310 through 12-9-370 by making a return to the
commission as follows:
(1) If the accumulated amount withheld in a calendar quarter is
less than five hundred dollars, the return must be filed and the
tax remitted to the commission as provided in subsection (B) of
this section.
(2) If the accumulated amount withheld is five hundred dollars
or more by the end of a month, the return must be filed and the
tax remitted to the commission on or before the fifteenth day of
the following month.
Nonresident means any individual domiciled outside South
Carolina and any other entity whose principal place of business is
outside South Carolina.
(B) All other withholding agents are required to make a return
and remit withheld funds on the last day of the month following
the preceding calendar quarter for which funds were withheld.
Every withholding agent required to make a return or deposit and
pay taxes to the Internal Revenue Service under Section 6302 of
the Internal Revenue Code of 1986, as amended, and all applicable
regulations effective as of December 31, 1989, shall at the same
time, make a return or deposit and pay to the commission any taxes
deducted and withheld under the provisions of Sections 12-9-310 to
12-9-370."
D. Subsection A of this section is effective for taxable years
beginning after 1989. Subsection B of this section takes effect
upon approval by the Governor but the amendment to Section 12-16-
20 of the 1976 Code in this section does not change the effective
date of Chapter 16 of Title 12 of the 1976 Code as provided in
Section 10 of Act 70 of 1987. Subsection C of this section is
effective with respect to withholding payments required after June
30, 1990.
SECTION 4
TO AMEND SECTION 12-21-2720, AS AMENDED, OF THE 1976 CODE,
RELATING TO THE LICENSE FEES FOR COIN-OPERATED DEVICES, SO AS TO
RAISE THE ANNUAL LICENSE FEE FOR MACHINES OF THE NONPAYOUT TYPE,
IN-LINE PIN GAME, OR VIDEO GAME WITH A FREE PLAY FEATURE FROM SIX
HUNDRED TO ONE THOUSAND FIVE HUNDRED DOLLARS.
A. The first paragraph preceding Section 12-21-2720(1), as amended
by Section 3A, Part II, Act 170 of 1987, is further amended to
read:
"Every person who maintains for use or permits the use of, on
any place or premises occupied by him, any of the machines or
devices described below shall apply for and procure from the South
Carolina Tax Commission a license for the privilege of making use
of every such machine in South Carolina and shall pay for the
license a tax of twenty-five dollars for each machine described in
item (1) of this section, one hundred dollars for each machine
described in item (2) of this section, and one thousand five
hundred dollars for each machine described in item (3) of this
section."
B. This section takes effect July 1, 1990.
SECTION 5
Deleted
SECTION 6
TO AMEND SECTION 44-93-160 OF THE 1976 CODE, RELATING TO THE FEES
ON COMMERCIAL TREATMENT OF INFECTIOUS WASTE, SO AS TO INCREASE THE
FEES; AND TO AMEND SECTION 44-93-170, RELATING TO THE INFECTIOUS
WASTE CONTINGENCY FUND, SO AS TO PROVIDE THAT THE FUND AMOUNT
AFTER WHICH TWO-THIRDS OF THE INFECTIOUS WASTE TREATMENT FEE MUST
BE CREDITED TO THE INFECTIOUS WASTE CONTINGENCY FUND IS INCREASED
FROM ONE MILLION TO FIVE MILLION DOLLARS; AND TO AMEND THE 1976
CODE, BY ADDING SECTION 44-93-210 SO AS TO REQUIRE THE DEPARTMENT
OF HEALTH AND ENVIRONMENTAL CONTROL TO ANNUALLY ESTIMATE THE
AMOUNT OF INFECTIOUS WASTE TO BE GENERATED IN THIS STATE AND TO
PLACE A ONE-TWELFTH OF THE ANNUAL ESTIMATE LIMIT ON THE QUANTITY
OF INFECTIOUS WASTE THAT MAY BE BURNED IN A MONTH BY A LICENSED
COMMERCIAL WASTE INCINERATOR SUBJECT TO A FIFTEEN HUNDRED TON A
MONTH MINIMUM BURNING ALLOWANCE, TO EXEMPT IN-STATE HOSPITAL AND
NONPROFIT GENERATED WASTES, TO DEFINE PERMITTED COMMERCIAL
INFECTIOUS WASTE INCINERATOR FACILITY, TO MAKE SPECIAL PROVISION
FROM JULY THROUGH DECEMBER, 1990, AND TO AUTHORIZE AN INCREASE IN
THE FEES FOR BURNING INFECTIOUS WASTE WHERE THE LIMITATIONS PER
MONTH ON THE TONNAGE OF WASTE WHICH MAY BE BURNED ARE UNLAWFULLY
VIOLATED, AND TO PROVIDE THAT THE INCREASED FEE MUST BE DEPOSITED
IN THE INFECTIOUS WASTE CONTINGENCY FUND.
A. Section 44-93-160(A) of the 1976 Code, as added by Act 134 of
1989, is amended to read:
"(A) There is imposed a fee on the commercial treatment of
infectious waste in this State equal to thirty dollars a ton on
the pretreatment weight of infectious waste generated outside of
this State and twenty-five dollars a ton on the pretreatment
weight of infectious waste generated within this State."
B.Section 44-93-170 of the 1976 Code, as added by Act 134 of 1989,
is amended to read:
"Section 44-93-170. The department shall establish an
Infectious Waste Contingency Fund to insure the availability of
funds for response actions necessary at commercial infectious
waste treatment facilities and necessary from accidents in the
transportation of infectious waste and to defray the cost of
governmental response action associated with infectious waste.
This fund must be financed by the fees imposed pursuant to Section
44-93-160. The revenue derived from the fees on waste must be
credited to the Infectious Waste Contingency Fund as follows: an
amount equal to two-thirds of the fees must be deposited into the
fund and an amount equal to one-third of the fees must be held in
a separate and distinct account within the fund for the purpose of
being returned to each county in which the fee imposed by Section
44-93-160 is collected. When the amount of fees held in the
Infectious Waste Contingency Fund meets or exceeds five million
dollars, two-thirds of all subsequent fees collected must be
remitted to the Hazardous Waste Contingency Fund established
pursuant to Section 44-56-160(A) to assist in defraying the costs
of governmental response actions at uncontrolled hazardous waste
sites, with the remaining one-third of all subsequent fees
collected pursuant to Section 44-93-160 continuing to be placed
into a separate and distinct account for counties as provided in
this item. Interest earned by the funds must be credited to the
fund and that portion of interest earned attributable to the
county account must be credited to the county account. Interest
credited to the county account must be distributed in the same
proportion as funds are distributed to counties pursuant to this
section. Proceeds of the county account returned to a county
pursuant to this section must be released by the State Treasurer
upon the written request of a majority of the legislative
delegation of the recipient county."
C. Chapter 93, Title 44 of the 1976 Code is amended by adding:
"Section 44-93-210. (A) Beginning November 1, 1990, and
annually thereafter, the department shall estimate and publish the
amount of infectious waste it expects to be generated within this
State during the succeeding calendar year. No permitted
commercial infectious waste incinerator facility may burn more
than one-twelfth of the annual estimate of infectious waste during
any one month of the year to which the estimate applies. However,
at no time may the limit on the amount of infectious waste burned
in a month be less than fifteen hundred tons.
(B) The limitation on the tonnage of infectious waste does not
apply to infectious waste treated by hospitals or generator
facilities if the waste is generated in this State and is
incinerated on a nonprofit basis.
(C) For purposes of this section, a permitted commercial
infectious waste incinerator facility means a site where
infectious waste is incinerated regardless of the number of
incinerator units or the ownership of the units."
D. From July through December, 1990, no more than fifteen hundred
tons of infectious waste may be burned in any one month by a
permitted commercial infectious waste incinerator facility in this
State.
E. The provisions of subsections C and D of this section must be
construed as separate provisions. If a provision is judged to be
invalid by a court of law of this State, the court's decree shall
apply only to the provision and action specified and shall have no
effect on any other provision unless stated in the court's decree.
The invalidity does not affect other provisions or applications of
subsections C and D of this section which may be given effect
without the invalid provision or application and, pursuant to this
requirement, the provisions of this section are severable.
F. In the event the infectious waste tonnage limitations in any
month are unlawfully exceeded, at a commercial waste incinerator
facility, a five dollar per ton increase in the fees imposed
pursuant to Section 44-93-160(A) is imposed retroactively on the
excess tonnage burned in that month. The funds received from this
fee increase must also be deposited in the Infectious Waste
Contingency Fund established in Section 44-93-170. The fee
increase imposed by this subsection is in addition to any other
civil or criminal penalties which may be imposed by law for the
tonnage violation.
G. This section takes effect July 1, 1990.
SECTION 7
Deleted
SECTION 8
Deleted
*SECTION 9
TO REPEAL SECTION 59-101-190 OF THE 1976 CODE, RELATING TO THE
DEAN'S COMMITTEE ON MEDICAL DOCTOR EDUCATION.
Section 59-101-190 of the 1976 Code is repealed.
* Indicates those vetoes sustained by the General Assembly June
19, 1990. (Provisions printed in italic boldface were vetoed by
the Governor June 13, 1990.)
SECTION 10
Deleted
SECTION 11
TO AMEND SECTION 59-26-20, AS AMENDED, OF THE 1976 CODE, RELATING
TO THE DUTIES OF THE STATE BOARD OF EDUCATION AND COMMISSION ON
HIGHER EDUCATION, SO AS TO ESTABLISH THE GOVERNOR'S TEACHING
SCHOLARSHIP LOAN PROGRAM FOR THE HIGHER EDUCATION OF TALENTED AND
QUALIFIED RESIDENTS OF THIS STATE WHO AGREE TO TEACH IN THE PUBLIC
SCHOOLS OF THIS STATE, TO ESTABLISH REQUIREMENTS FOR THE EXECUTION
OF THE LOAN AGREEMENTS, TO PROVIDE FOR THE ADMINISTRATION OF THE
PROGRAM, TO PROVIDE FOR APPROPRIATIONS FOR THE PROGRAM, AND FOR
THE USE OF THE FUNDS GENERATED BY REPAYMENT, TO PROVIDE FOR THE
CANCELLATION OF TWENTY PERCENT OF THE DEBT FOR EACH COMPLETED YEAR
OF TEACHING, TO PROVIDE FOR WHEN THE LOAN BECOMES DUE AND PAYABLE
FOR NONCOMPLIANCE WITH ITS TERMS, AND TO DEFINE TALENTED AND
QUALIFIED RESIDENTS AS FRESHMEN STUDENTS GRADUATING IN THE TOP TEN
PERCENTILE OF THEIR HIGH SCHOOL CLASS, OR WHO RECEIVE A COMBINED
SCHOLASTIC APTITUDE TEST SCORE OF AT LEAST ELEVEN HUNDRED, AND AS
ENROLLED STUDENTS WHO HAVE COMPLETED ONE YEAR (TWO SEMESTERS OR
THE EQUIVALENT) OF COLLEGIATE WORK AND WHO HAVE EARNED A
CUMULATIVE GRADE POINT AVERAGE OF AT LEAST A 3.5 ON A 4.0 SCALE,
AND TO REQUIRE LOAN RECIPIENTS TO MAINTAIN AT LEAST A 3.0 GRADE
POINT AVERAGE ON A 4.0 SCALE TO REMAIN ELIGIBLE FOR THE LOAN.
Section 59-26-20 of the 1976 Code, as last amended by Act 194 of
1989, is further amended by adding an appropriately lettered item
to read:
"( ) The Commission on Higher Education in consultation with the
State Department of Education and the staff of the South Carolina
Student Loan Corporation, shall develop a Governor's Teaching
Scholarship Loan Program to provide talented and qualified state
residents loans not to exceed five thousand dollars a year to
attend public or private colleges and universities for the purpose
of becoming
certified teachers employed in the public schools of this State.
The recipient of a loan is entitled to have up to one hundred
percent of the amount of the loan plus the interest on the loan
canceled if he becomes certified and teaches in the public schools
of this State for at least five years. The loan is canceled at
the rate of twenty percent of the total principal amount of the
loan plus interest on the unpaid balance for each complete year of
teaching service in a public school. In case of failure to make a
scheduled repayment of any installment, failure to apply for
cancellation or deferment of the loan on time, or noncompliance by
a borrower with the purpose of the loan, the entire unpaid
indebtedness plus interest is, at the option of the commission,
immediately due and payable. The recipient shall execute the
necessary legal documents to reflect his obligation and the terms
and conditions of the loan. The loan program must be administered
by the South Carolina Student Loan Corporation. Funds generated
from repayments to the loan program must be retained in a separate
account and utilized as a revolving account for the purpose of
making additional loans. Appropriations for loans and
administrative costs must come from the Education Improvement Act
of 1984 Fund, on the recommendation of the Commission on Higher
Education to the State Treasurer, for use by the corporation. The
select committee shall review this scholarship loan program
annually and report its findings and recommendations to the
General Assembly. For purposes of this item, a 'talented and
qualified state resident' includes freshmen students who graduate
in the top ten percentile of their high school class, or who
receive a combined verbal plus mathematics Scholastic Aptitude
Test score of at least eleven hundred and enrolled students who
have completed one year (two semesters or the equivalent) of
collegiate work and who have earned a cumulative grade point
average of at least 3.5 on a 4.0 scale. To remain eligible for
the loan while in college, the student must maintain at least a
3.0 grade point average on a 4.0 scale."
SECTION 12
TO AMEND SECTION 1-1-1020 OF THE 1976 CODE, RELATING TO THE
AUTHORITY OF THE DIVISION OF GENERAL SERVICES OF THE STATE BUDGET
AND CONTROL BOARD TO PURCHASE EQUIPMENT FOR RENT, LEASE, OR RESALE
TO STATE AGENCIES, SO AS TO INCREASE THE AMOUNT THE DIVISION MAY
BORROW FOR THESE PURPOSES FROM THE STATE INSURANCE RESERVE FUND
FROM TWENTY-FIVE TO THIRTY-FIVE MILLION DOLLARS, AND TO PROVIDE
THAT THESE LOANS MAY NOT BE IN AN AMOUNT THAT JEOPARDIZES THE
ACTUARIAL SOUNDNESS OF THE FUND.
Section 1-1-1020 B. of the 1976 Code is amended to read:
"B. For the purpose of carrying out the provisions of subsection
A, the Division of General Services may borrow up to thirty-five
million dollars from the State Insurance Reserve Fund at an
interest rate of eight percent a year but these loans may not be
made in an amount that jeopardizes the actuarial soundness of the
fund."
SECTION 13
TO AMEND CHAPTER 11, TITLE 8 OF THE 1976 CODE, RELATING TO STATE
OFFICERS AND EMPLOYEES, BY ADDING ARTICLE 11, SO AS TO ESTABLISH
THE STATE EMPLOYEE PAY PLAN.
Chapter 11, Title 8 of the 1976 Code is amended by adding:
"Article 11
State Employee Pay Plan
Section 8-11-910. It is the intent of the General Assembly that
state employees receive any pay increase appropriated in a
consistent and uniform manner.
Section 8-11-920. For purposes of this article:
(1) 'Base pay increase' means an increase applicable to all
permanent state employees who qualify.
(2) 'Board' means the State Budget and Control Board.
(3) 'Performance increase' means a pay increase applicable to
permanent state employees based upon appraisal ratings of:
(a) below performance requirements;
(b) meets performance requirements;
(c) exceeds performance requirements; and
(d) substantially exceeds performance requirements.
(4) 'Bonus' pay means a one-time payment for exceptional service
and may be paid to employees who have performance ratings of
'exceeds' or 'substantially exceeds'. Employees who have
performance ratings of 'meets performance requirements' may be
given the bonus pay upon approval of a special request by the
agency head. This special request may not be used for agency-wide
distribution of bonus pay. This payment is not a part of the
employee's base salary and is not earnable compensation for
purposes of employer or employee contributions to the respective
retirement systems.
Section 8-11-930. The board and the General Assembly shall give
first consideration to keeping the pay program for state employees
competitive with the prevailing salaries, wages, and benefits in
the private sector. To accomplish this, the board's Division of
Human Resource Management shall submit an analysis of prevailing
state and private sector salaries, wages, and benefits to the
board, the Ways and Means Committee of the House of
Representatives, and the Senate Finance Committee. This report
must be completed every other year with the first report submitted
no later than July 31, 1991. In determining the percentage of
increase to be applied as a base pay increase, the board and the
General Assembly and its committees shall consider the relative
market value of each job classification. The minimum and maximum
salary of each grade may be adjusted by law for the applicable
year.
Section 8-11-940. (A) Performance increases must be based
upon performance appraisals containing the following categories:
(1) below performance requirements--no increase;
(2) meets performance requirements--two percent increase;
(3) exceeds performance requirements--three percent increase;
(4) substantially exceeds performance requirements--four percent
increase.
The dollar amount of each performance increase must be added to
the employee's base pay until the pay level of the employee has
reached the maximum of his grade or executive compensation level.
After the employee has reached maximum pay in his grade or
executive compensation level, he may continue to receive
performance pay but it must not be added to the base pay.
(B) The estimated cost of these performance increases, based
upon predetermined norms, is two and one-half percent of the
payroll of each agency. If the General Assembly provides more or
less than two and one-half percent for performance increases, the
percentage of increase of each category of performance must be
adjusted accordingly.
Section 8-11-945. For the purposes of this article, local health
care providers of the State Department of Mental Retardation, the
South Carolina Commission on Alcohol and Drug Abuse, and the South
Carolina Commission on Aging are eligible for the base pay
increase and performance pay increase as prescribed.
Section 8-11-950. Funding for bonus payments when provided are
given to reward exceptional service. Bonus payments must be given
in accord with rules established by the board. The board and the
General Assembly shall state the amount provided for bonus payment
in terms of a percentage of agency payrolls and in dollar figures.
Section 8-11-960. After the General Assembly appropriates amounts
for base pay increases, performance pay, and bonus payments, the
board shall determine the maximum amount available to each agency
and the rules which apply if the merit increases proposed by the
agency do not fit the norm.
The board's Division of Human Resource Management shall perform
sample or detailed audits, or both, as necessary, to insure agency
compliance with the General Assembly's intent for a fair and
equitable distribution of performance pay and bonus pay. The
Director of Human Resource Management shall submit to the board
and the General Assembly an analysis of the audits, together with
the analysis of prevailing state and private sector salaries,
wages, and benefits required pursuant to Section 8-11-930."
SECTION 14
TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-26 SO AS TO REQUIRE
GRANT FUNDS RECEIVED BY A COUNTY, MUNICIPALITY, POLITICAL
SUBDIVISION, OR OTHER ENTITY FROM THE LOCAL GOVERNMENT DIVISION OF
THE STATE BUDGET AND CONTROL BOARD TO BE DEPOSITED IN A SEPARATE
FUND, TO PROVIDE THAT DISBURSEMENTS MAY BE MADE ONLY ON THE
WRITTEN AUTHORIZATION OF THE PERSON WHO SIGNED THE GRANT
APPLICATION OR HIS SUCCESSOR, TO PROVIDE PENALTIES FOR VIOLATIONS,
TO PROVIDE THAT IT IS NOT A DEFENSE TO AN INDICTMENT UNDER THIS
SECTION THAT GRANT FUNDS WERE USED FOR OTHER GOVERNMENTAL PURPOSES
OR THAT THE PURPOSES OF THE GRANT WERE MET BY OTHER FUNDS, AND TO
REQUIRE THE DIVISION TO FURNISH A COPY OF THIS SECTION TO
GRANTEES.
A. Chapter 11, Title 1 of the 1976 Code is amended by adding:
"Section 1-11-26. (A) Grant funds received by a county,
municipality, political subdivision, or other entity from the
Division of Local Government of the State Budget and Control Board
must be deposited in a separate fund and may not be commingled
with other funds, including other grant funds. Disbursements may
be made from this fund only on the written authorization of the
individual who signed the grant application filed with the
division, or his successor, and only for the purposes specified in
the grant application. A person violating the provisions of this
section is guilty of a misdemeanor and, upon conviction, must be
fined five thousand dollars or imprisoned for six months, or both.
(B) It is not a defense to an indictment alleging a violation of
this section that grant funds received from the Division of Local
Government were used by a grantee or subgrantee for governmental
purposes other than those specified in the grant application or
that the purpose for which the grant was made by the Division of
Local Government was accomplished by funds other than grant funds.
(C) The Division of Local Government of the State Budget and
Control Board shall furnish a copy of this section to a grantee
when the grant is awarded."
B.This section takes effect July 1, 1990, and applies with respect
to grants awarded after June 30, 1990.
SECTION 15
TO AMEND SECTION 42-7-67 OF THE 1976 CODE, RELATING TO DISABILITY
AND MEDICAL BENEFITS FOR MEMBERS OF THE STATE AND NATIONAL GUARD,
SO AS TO PROVIDE FOR THE COORDINATION OF STATE AND FEDERAL
BENEFITS; TO AMEND SECTION 42-7-75, AS AMENDED, RELATING TO THE
PAYMENT OF WORKERS' COMPENSATION PREMIUMS BY STATE AGENCIES AND
THE STATE TREASURER'S DUTIES PERTAINING TO THE WORKERS'
COMPENSATION FUND, SO AS TO PROVIDE FOR THE METHOD OF DETERMINING
PREMIUMS FOR THE STATE AND NATIONAL GUARD; TO AMEND SECTION 42-15-
40, RELATING TO THE TIME FOR FILING A WORKERS' COMPENSATION CLAIM,
SO AS TO PROVIDE FOR THE TIME LIMIT FOR A CLAIM BY A MEMBER OF THE
NATIONAL GUARD; AND TO AMEND SECTION 42-19-10, AS AMENDED,
RELATING TO AN EMPLOYEE'S RECORD AND REPORT OF INJURIES, SO AS TO
PROVIDE FOR THE RECORD AND REPORT OF A MEMBER OF THE NATIONAL
GUARD.
A. Section 42-7-67 of the 1976 Code is amended to read:
"Section 42-7-67. (A) For the purpose of coordinating
benefits payable by the federal and state government for the death
or injury of a member of the South Carolina National Guard,
workers' compensation benefits provided by the State under this
title are reduced by the amount of benefits due and payable from
the federal government. Federal benefits must be exhausted before
state benefits, if any, are due. However, upon separation from
the South Carolina National Guard, an injured guard member may
proceed under this title after his federal claim is finalized.
(B) For members of the South Carolina State and National Guard
injured while so employed, the extent, duration, and termination
of disability and medical benefits under this title must be
determined by reference to the member's civilian employment, if
any, without considering the member's military position. If the
member does not have civilian employment, reference may be made to
the member's military position.
(C) If the wage benefit under this title is greater than the
federal wage benefit, including pay and allowances, the service
member may elect to receive the benefit under this title in lieu
of the federal wage benefit and the offset provision in subsection
(A) does not apply."
B.The first paragraph of Section 42-7-75 of the 1976 Code, as last
amended by Section 35, Part II, Act 170 of 1987 is further amended
to read:
"All state agencies shall pay workers' compensation premiums
according to Section 42-7-70, as determined by the State Workers'
Compensation Fund. Calculation of premiums for the Adjutant
General's Office must exclude losses arising out of service as a
member of the South Carolina State and National Guard. In lieu
of premiums for those losses the Adjutant General shall pay, at
the beginning of each premium year, the amount estimated by the
fund to be required to cover actual workers' compensation benefits
to guard members during the premium year. If the amount actually
paid as benefits differs from the estimated pay out advanced under
this paragraph, the difference must be debited or credited to the
Adjutant General's account in the same manner that an actual
adjusted premium is handled."
C. Section 42-15-40 of the 1976 Code is amended to read:
"Section 42-15-40. The right to compensation under this title is
barred unless a claim is filed with the commission within two
years after an accident, or if death resulted from accident,
within two years of the date of death. However, for occupational
disease claims the two-year period does not begin to run until the
employee concerned has been diagnosed definitively as having an
occupational disease and has been notified of the diagnosis. For
the death or injury of a member of the South Carolina National
Guard, as provided for in Section 42-7-67, the time for filing a
claim is two years after the accident or one year after the
federal claim is finalized, whichever is later. The filing
required by this section may be made by registered mail, and the
registry within the time periods set forth in this section
constitutes timely filing."
D. The first paragraph of Section 42-19-10 of the 1976 Code is
amended to read:
"Every employer shall keep a record of all injuries, fatal or
otherwise, received by his employees in the course of their
employment on blanks approved by the commission. Within ten days
after the occurrence and knowledge of it, as provided in Section
42-15-20, of an injury to an employee requiring medical or
surgical attention, a report of the injury must be made in writing
and mailed to the commission on blanks approved by it for this
purpose. However, for the injury of a South Carolina National
Guard member as provided for in Section 42-7-67, the ten days must
be counted from the date the employer, the South Carolina National
Guard, has knowledge that the federal government has denied
benefits to the injured guard member or that benefits or
additional benefits may be due under the provisions for South
Carolina Workers' Compensation."
E. The amendment to Section 42-7-75 of the 1976 Code, as contained
in Subsection B. of this section, applies to claims occurring
after June 30, 1985.
*SECTION 16
TO AMEND SECTION 48-28-100 OF THE 1976 CODE, RELATING TO THE
FOREST RENEWAL FUND, SO AS TO LIMIT NEW FUNDING AGREEMENTS AND TO
ALLOW PAYMENT IN A FISCAL YEAR OF CONTRACTUAL REQUIREMENTS WHICH
EXCEED THE LIMITATION.
The third paragraph of Section 48-28-100 of the 1976 Code is
amended to read:
"In any fiscal year, new funding agreements from the forest
renewal fund are limited to five times the amount of the state
appropriation for the Forest Renewal Law for that year plus the
amount of any cancellation or slippage funds from previous
agreements. Whenever necessary to comply with the terms of a
contract, payments in a fiscal year may exceed five times the
amount of the state appropriation."
* Indicates those vetoes sustained by the General Assembly June
19, 1990. (Provisions printed in italic boldface were vetoed by
the Governor June 13, 1990.)
SECTION 17
TO AMEND SECTION 40-7-115, AS AMENDED, OF THE 1976 CODE, RELATING
TO THE REQUIREMENTS FOR BARBER TRAINING IN A SHOP, SO AS TO
ESTABLISH AN EXAMINATION FEE AND AN ANNUAL INSTRUCTOR'S FEE IN THE
AMOUNT OF FIFTY DOLLARS, TO REQUIRE RENEWAL AS OF JUNE THIRTIETH
OF EACH YEAR, AND TO DELETE REFERENCES TO FEES PROMULGATED BY
REGULATION.
A.Section 40-7-115 of the 1976 Code, as amended by Act 87 of 1989,
is further amended to read:
"Section 40-7-115. A barber training a student in a shop is
required to have had three years' experience as a registered
barber and must have been examined by the South Carolina Board of
Barber Examiners and determined to be qualified to train a student
barber under laws governing barber training in the State. The
fee to be paid by the registered barber for an examination to be
qualified to train a student in a shop is fifty dollars, and the
fee must accompany the application. Barbers found qualified
after examination must be issued an instructor's license which
must be renewed as of June thirtieth of each year. The annual
renewal fee is fifty dollars."
B. This section takes effect July 1, 1990.
SECTION 18
Deleted
SECTION 19
TO AMEND SECTION 35-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO DEFINITIONS IN REGARD TO THE UNIFORM SECURITIES ACT,
SO AS TO DEFINE THE TERM "INVESTMENT ADVISER REPRESENTATIVE", TO
AMEND SECTION 35-1-310, RELATING TO EXEMPT SECURITIES, SO AS TO
FURTHER PROVIDE FOR CERTAIN SECURITIES WHICH ARE EXEMPT, TO AMEND
SECTIONS 35-1-420, 35-1-440, 35-1-510, 35-1-520, 35-1-550, 35-1-
560, 35-1-570, AND 35-1-580 OF THE 1976 CODE, RELATING TO THE
REGISTRATION OF BROKER-DEALERS, AGENTS, INVESTMENT ADVISERS, AND
CERTAIN PROCEDURES FOR AND REQUIREMENTS OF REGISTRATION, SO AS TO
FURTHER PROVIDE FOR THESE REGISTRATION REQUIREMENTS AND FOR THE
REGISTRATION OF INVESTMENT ADVISER REPRESENTATIVES, AND TO AMEND
SECTION 35-1-480, RELATING TO REGISTRATION FEES, SECTION 35-1-900,
RELATING TO FILING FEES FOR REGISTRATION STATEMENTS, AND SECTION
35-1-980, RELATING TO AMENDED REGISTRATION STATEMENTS AND THE
FILING FEES FOR THE AMENDED STATEMENTS, SO AS TO REVISE THESE
FEES.
A.Section 35-1-20 of the 1976 Code is amended by adding a new item
(6A) to read:
"(6A) 'Investment adviser representative' means a partner,
officer, director, individual occupying a similar status or
performing similar functions, or other individual employed by or
associated with an investment adviser, except clerical personnel,
who:
(a) makes any recommendations or otherwise renders advice
regarding securities directly to clients,
(b) manages accounts or portfolios of clients,
(c) determines which recommendations or advice regarding
securities must be given,
(d) solicits, offers, or negotiates for the sale of or sells
investment advisory services, or
(e) directly supervises investment adviser representatives,
unless the investment adviser representatives are already required
to register due to their role as supervisors.
The persons and entities excluded from the definition of
'investment advisor' under item (6) of this section are also
excluded from the definition of 'investment adviser
representative' under this item (6A)."
B. Section 35-1-310(7) of the 1976 Code is amended to read:
"(7) Securities listed on stock exchanges.--Any security listed
or approved for listing upon notice of issuance on the New York
Stock Exchange, the American Stock Exchange, the Midwest Stock
Exchange, the NASDAQ/National Market System, or that other
securities exchange as the Securities Commissioner by regulation
may designate, any other security of the same issuer which is of
senior or substantially equal rank, any security called for by
subscription rights or warrants so listed or approved or any
warrant or right to purchase or subscribe to any of the
foregoing;".
C. Section 35-1-420 of the 1976 Code is amended to read:
"Section 35-1-420. It is unlawful for any person to transact
business in this State as an investment adviser or investment
adviser representative unless (a) he is so registered under this
chapter, (b) he is registered as a broker-dealer without the
imposition of a condition under item (5) of Section 35-1-530, or
(c) his only clients in this State are investment companies as
defined in the Investment Company Act of 1940 or insurance
companies."
D. Section 35-1-440 of the 1976 Code is amended to read:
"Section 35-1-440. A broker-dealer, agent, investment adviser,
or investment adviser representative may obtain an initial or
renewal registration by filing with the Securities Commissioner an
application together with a consent to service of process pursuant
to Section 35-1-1410. The application must contain whatever
information the Securities Commissioner by regulation requires
concerning these matters as (a) the applicant's form and place of
organization, (b) the applicant's proposed method of doing
business, (c) the qualifications and business history of the
applicant, (d) in the case of a broker-dealer or investment
adviser, the qualifications and business history of any partner,
officer or director, any person occupying a similar status or
performing similar functions or any person directly or indirectly
controlling the broker-dealer or investment adviser, (e) in the
case of an investment adviser, the qualifications and business
history of any employee, (f) any injunction or administrative
order or conviction of a misdemeanor involving a security or any
aspect of the securities business and any conviction of a felony
and (g) the applicant's financial condition and history."
E. Section 35-1-480 of the 1976 Code is amended to read:
"Section 35-1-480. Every applicant for initial or renewal
registration shall pay the following filing fees:
(1) Broker-dealer $200.00
(2) Agent $ 50.00
(3) Investment Advisor $200.00
(4) Investment Advisor
Representative $ 50.00
When the application is denied or withdrawn, the filing fee must
not be refunded."
F. Section 35-1-510 of the 1976 Code is amended to read:
"Section 35-1-510. Registered broker-dealers, agents, investment
advisers, and investment adviser representatives shall post surety
bonds in amounts of fifty thousand dollars for broker-dealers and
investment advisers and ten thousand dollars for agents and
investment adviser representatives, conditioned that the
registrant will comply with the provisions of this chapter and
those orders and regulations as the commissioner may from time to
time prescribe. The bond may be so drawn as to cover the original
registration and any renewal of the registration. Any appropriate
deposit of cash or securities must be accepted in lieu of the
bond. Every bond must provide that no suit may be maintained to
enforce any liability on the bond unless brought within three
years after the sale or other act upon which the suit is based and
must also provide that the liability of the surety on each bond to
all persons aggrieved may in no event exceed in the aggregate the
penal sum of the bond. No bond is required for persons who are
members of the National Association of Security Dealers, Inc., or
the Securities Investor Protection Corporation."
G. (A) Section 35-1-520(1)(v) of the 1976 Code is amended to read:
"(v) Is the subject of an order of the Securities Commissioner
denying, suspending, or revoking registration as a broker-dealer,
agent, investment adviser, or investment adviser representative;".
(B) Section 35-1-520(1)(vi) of the 1976 Code is amended to read:
"(vi) Is the subject of an order entered within the past five
years by the securities administrator of any other state or by the
Securities and Exchange Commission denying or revoking
registration as a broker-dealer, agent, investment adviser, or
investment adviser representative or the substantial equivalent of
those terms as defined in this chapter, is the subject of an order
of the Securities and Exchange Commission suspending or expelling
him from a national securities exchange or national securities
association registered under the Securities Exchange Act of 1934
or is the subject of a United States post office fraud order; but
(1) the Securities Commissioner may not institute a revocation or
suspension proceeding under this item (vi) more than one year
from the date of the order relied on and (2) he may not enter an
order under this item (vi) on the basis of an order under another
state act unless that order was based on facts which would
currently constitute a ground for an order under this section;".
H. Section 35-1-550 of the 1976 Code is amended to read:
"Section 35-1-550. The Securities Commissioner may by order
summarily postpone or suspend registration pending final
determination of any proceeding under this section. Upon the
entry of the order, the Securities Commissioner shall promptly
notify the applicant or registrant, as well as the employer or
prospective employer if the applicant or registrant is an agent or
investment adviser representative, that it has been entered and of
the reasons for the order and that within fifteen days after the
receipt of a written request the matter will be set down for
hearing. If no hearing is requested and none is ordered by the
Securities Commissioner, the order remains in effect until it is
modified or vacated by the Securities Commissioner. If a hearing
is requested or ordered, the Securities Commissioner, after notice
of and opportunity for hearing, may modify or vacate the order or
extend it until final determination."
I. Section 35-1-560 of the 1976 Code is amended to read:
"Section 35-1-560. If the Securities Commissioner finds that any
registrant or applicant for registration is no longer in existence
or has ceased to do business as a broker-dealer, agent, investment
adviser, or investment adviser representative, or is subject to an
adjudication of mental incompetence or to the control of a
committee, conservator, or guardian, or cannot be located after
reasonable search, the Securities Commissioner may by order cancel
the registration or application."
J. Section 35-1-570 of the 1976 Code is amended to read:
"Section 35-1-570. Withdrawal from registration as a broker-
dealer, agent, investment adviser, or investment adviser
representative becomes effective thirty days after receipt of an
application to withdraw or within that shorter period of time as
the Securities Commissioner may determine, unless a revocation or
suspension proceeding is pending when the application is filed or
a proceeding to revoke or suspend or to impose conditions upon the
withdrawal is instituted within thirty days after the application
is filed. If a proceeding is pending or instituted, withdrawal
becomes effective at that time and upon those conditions as the
Securities Commissioner by order determines. If no proceeding is
pending or instituted and withdrawal automatically becomes
effective, the Securities Commissioner may nevertheless institute
a revocation or suspension proceeding under item (ii) of
subsection (1) of Section 35-1-520 within one year after
withdrawal became effective and enter a revocation or suspension
order as of the last date on which registration was effective."
K. Section 35-1-580 of the 1976 Code is amended to read:
"Section 35-1-580. No order may be entered under any part of
Sections 35-1-520 to 35-1-570 except the first sentence of Section
35-1-550 without (a) appropriate prior notice to the applicant or
registrant, as well as the employer or prospective employer if the
applicant or registrant is an agent or investment adviser
representative, (b) opportunity for hearing, and (c) written
findings of fact and conclusions of law."
L. Section 35-1-900 of the 1976 Code is amended to read:
"Section 35-1-900. Every person filing a registration statement
shall pay a filing fee of five hundred dollars. No registration
statement may be renewed or reregistered unless another filing fee
of five hundred dollars is paid. When a registration statement is
withdrawn before the effective date or a preeffective stop order
is entered under Sections 35-1-1010 to 35-1-1050, the Securities
Commissioner shall retain the entire filing fee."
M. Section 35-1-980 of the 1976 Code is amended to read:
"Section 35-1-980. A registration statement relating to a
security issued by a face-amount certificate company or a
redeemable security issued by an open-end management company or
unit investment trust, as those terms are defined in the
Investment Company Act of 1940, may be amended after its effective
date so as to increase the securities specified as proposed to be
offered. The amendment becomes effective when the Securities
Commissioner orders."
N.The caption to Article 5, Chapter 1 of Title 35 of the 1976 Code
is amended to read:
"Broker-Dealers, Agents, Investment Advisers, and Investment
Adviser Representatives".
O. This section takes effect July 1, 1990.
*SECTION 20
TO AMEND SECTION 16-3-1180, AS AMENDED, OF THE 1976 CODE, RELATING
TO THE AMOUNT OF CRIME VICTIM AWARDS, SO AS TO AUTHORIZE THE
PAYMENT FOR MENTAL HEALTH COUNSELING SESSIONS FOR THE NUMBER OF
SESSIONS WITHIN THE NINETY-DAY-PERIOD OR FIFTEEN SESSIONS,
WHICHEVER IS GREATER.
Section 16-3-1180(A)(1) of the 1976 Code, as last amended by Act
406 of 1988, is further amended to read:
"(1) reasonable and customary charges for medical services,
including mental health counseling, required and rendered as a
direct result of the injury on which the claim is based, as long
as these services are rendered by a licensed professional.
Payment for mental health counseling is limited to the number of
sessions during a ninety-day-period beginning on the date of the
first counseling session or fifteen sessions, whichever is
greater;"
* Indicates those vetoes sustained by the General Assembly June
19, 1990. (Provisions printed in italic boldface were vetoed by
the Governor June 13, 1990.)
SECTION 21
TO AMEND THE 1976 CODE BY ADDING SECTION 61-9-626 SO AS TO PROVIDE
THAT WINE PRODUCED OUTSIDE THE STATE, WHICH HAS NOT BEEN APPROVED
OR LICENSED FOR SALE OR DISTRIBUTION IN THIS STATE, MAY BE SOLD IN
SOUTH CAROLINA PURSUANT TO SPECIFIED PROCEDURES.
The 1976 Code is amended by adding:
"Section 61-9-626. An individual may order wine produced outside
this State, which has not been approved or licensed for sale or
distribution in this State, from an in-state wholesaler by placing
a special order for this wine with the out-of-state winery. The
wine may then be shipped by the winery to that wholesaler who,
after paying or affixing the necessary taxes or tax stamps, is
authorized to sell this wine to that individual through a licensed
retailer."
SECTION 22
Deleted
SECTION 23
Deleted
SECTION 24
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING
SECTION 12-54-250 SO AS TO AUTHORIZE THE SOUTH CAROLINA TAX
COMMISSION TO REQUIRE PAYMENTS OF TWENTY THOUSAND DOLLARS OR MORE
DUE ON A RETURN TO BE PAID BY A METHOD IN WHICH THE FUNDS ARE
AVAILABLE IMMEDIATELY TO THE STATE, TO REQUIRE A TAXPAYER TO
PROVIDE THE COMMISSION WITH EVIDENCE OF THE PAYMENT, TO PROVIDE
FOR PENALTIES AND INTEREST ON NONTIMELY PAYMENTS, TO AUTHORIZE THE
COMMISSION TO ESTABLISH LATER DUE DATES, TO AUTHORIZE THE
COMMISSION AND THE STATE TREASURER TO PROMULGATE REGULATIONS AND
PRESCRIBE RULES AND PROCEDURES TO IMPLEMENT THE PAYMENT METHOD,
AND TO PROVIDE THAT PAYMENT IN IMMEDIATELY AVAILABLE FUNDS AND
FILING OF THE RETURN ARE CONSIDERED SIMULTANEOUS ACTS FOR PURPOSES
OF PENALTIES AND INTEREST FOR FAILURE TO PAY AND FAILURE TO FILE
AND PROVIDE THAT PENALTIES AND INTEREST MUST BE CALCULATED BASED
ON THE LATER OF THE RETURN POSTMARK DATE OR PAYMENT DATE.
Article 1, Chapter 54, Title 12 of the 1976 Code is amended by
adding:
"Section 12-54-250. (A) The South Carolina Tax Commission may
require, consistent with the cash management policies of the State
Treasurer, that any person owing twenty thousand dollars or more
in connection with any return, report, or other document to be
filed with the commission shall pay the tax liability to the State
no later than the date the payment is required by law to be made
in funds which are available immediately to the State on the date
of payment. Payment in immediately available funds may be made by
any means established by the commission, with the approval of the
State Treasurer, which insures the availability of those funds to
the State on the date of payment. Evidence of the payment must be
furnished to the commission on or before the due date of the tax
as provided by law. Failure to make timely payment in immediately
available funds or failure to provide evidence of payment in a
timely manner subjects the taxpayer to penalties and interest as
provided by law for delinquent or deficient tax payments.
(B) The commission by rule may prescribe alternative periodic
filing and payment dates later than the dates otherwise provided
by law for any taxes collected by the commission in those
instances where it is considered to be in the best interest of the
State. An alternative date may not be later than the last day of
the month in which the tax was otherwise due.
(C) The commission may prescribe rules and the State Treasurer
banking procedures necessary for the administration of the
provisions of this section.
(D) Payment by immediately available funds and filing of the
return are considered simultaneous acts with respect to penalties
and interest for failure to file and failure to pay. Penalties
and interest must be calculated based on the later of the return
postmark date or payment date."
SECTION 25
TO AMEND SECTION 23-1-65 OF THE 1976 CODE, RELATING TO APPLICATION
FEES FOR APPOINTMENT AS A STATE CONSTABLE, SO AS TO PROVIDE THAT
NO FEES ARE REQUIRED OF LAW ENFORCEMENT OFFICERS WHO HAVE RETIRED
BECAUSE OF DISABILITY OR WHO RETIRED WITH TWENTY-FIVE OR MORE
YEARS OF CREDITABLE SERVICE.
A. Section 23-1-65 of the 1976 Code is amended to read:
"Section 23-1-65. (A) When making application for
appointment, a nonrefundable fee of fifty dollars is required of
all state constables appointed pursuant to the provisions of
Section 23-1-60. A fee of fifty dollars must be paid with each
renewal application. No fees are required of employees of the
State or any political subdivision appointed in the line of duty,
and no fees are required on initial or renewal applications of law
enforcement officers who have retired because of disability or who
have retired with twenty-five or more years of creditable service
as a law enforcement officer.
(B) The fee must be paid to the South Carolina Law Enforcement
Division. The division shall remit quarterly these fees to the
State Treasurer to be credited to the general fund of the State."
B. This section takes effect July 1, 1990.
SECTION 26
TO DECLARE THAT THIS STATE IS AN "ECONOMIC PRESENCE" STATE FOR
PURPOSES OF THE USE TAX NEXUS AND TO AUTHORIZE THE SOUTH CAROLINA
TAX COMMISSION TO ENTER INTO AN AGREEMENT IN COOPERATION WITH
OTHER STATES TO PROVIDE A MORATORIUM ON THE REGISTRATION AND
TREATMENT OF PRIOR TAX LIABILITIES FOR DIRECT MARKETING COMPANIES
FOR PURPOSES OF THE USE TAX.
A. Whereas, the General Assembly recognizes the importance of a
fair and equitable tax system; and
Whereas, the purpose of the South Carolina use tax, enacted in
1951 is to complement the state sales tax; and
Whereas, the collection of the South Carolina use tax is for the
purpose of ensuring that out-of-state retailers do not have a
competitive advantage over South Carolina retailers; and
Whereas, statutory and case law requires retailers to have some
minimal connection with a state, otherwise known as "nexus", in
order for the State to require the out-of-state retailer to
collect the use tax; and
Whereas, it is important to encourage out-of-state retailers to
register to collect the use tax.
B. The General Assembly declares that this State, with respect to
use tax nexus, is an "economic presence" state whereby any out-of-
state retailer who exploits the South Carolina market through mail
order sales, television shopping networks and shows, telephone
"900" services, and other marketing techniques, must collect and
remit the use tax.
C. The South Carolina Tax Commission may enter into agreements in
cooperation with other states and issue rulings to allow a
moratorium period for the purpose of increasing use tax compliance
by national direct marketing companies. The agreement may require
the states to refrain from issuing tax bills, assessments, audit
demands, or document summonses with respect to the collection of
use tax for shipments into South Carolina by a nonregistered out-
of-state direct marketing company whose interstate activities are
limited to typical direct marketing activities. The agreement may
require the states to register direct marketing companies for
prospective collection of tax. The moratorium does not relieve
the in-state purchaser from the liability for use taxes due.
D. The authority granted the South Carolina Tax Commission
pursuant to this section expires January 1, 1992.
SECTION 27
TO AMEND SECTION 35, PART II, ACT 189 OF THE 1989 (THE GENERAL
APPROPRIATIONS ACT FOR 1989-90), RELATING TO THE SOUTH CAROLINA
MEDICALLY INDIGENT ASSISTANCE ACT, SO AS TO PROVIDE THAT IF
FEDERAL REGULATIONS PROHIBIT THE USE OF LICENSED HOSPITAL TAX
REVENUES FOR MEDICAID, THE MEDICAID EXPANSION FUND IS SUSPENDED
FROM THE EFFECTIVE DATE OF THE REGULATION.
Section 35 J, Part II, Act 189 of 1989 is amended by adding a new
paragraph to read:
"If federal regulations are promulgated which prohibit the use
of funds collected pursuant to Section 12-23-810 of the 1976 Code
in the Medicaid program, Sections 44-6-155(A)(2) and 12-23-840 of
the 1976 Code are suspended from the effective date of the
regulations."
SECTION 28
TO AMEND SECTION 12-27-1320, AS AMENDED, OF THE 1976 CODE,
RELATING TO CONTRACT OBJECTIVES FOR BUSINESSES OWNED AND
CONTROLLED BY SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS
AND FEMALES SO AS TO PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND
PUBLIC TRANSPORTATION SHALL MEET THOSE OBJECTIVES THROUGH DIRECT
CONTRACTS, TO PROVIDE THAT THE DEPARTMENT ISSUE AN ANNUAL REPORT,
AND TO PROVIDE DEVELOPMENTAL PROGRAMS FOR PARTICIPATING FIRMS.
A. Whereas, in South Carolina we are indeed grateful for our
country's treasured free enterprise system. We know that the
foundation and great benefit of our free enterprise system are the
opportunity and individual freedom it provides each citizen to
pursue the great "American Dream" to his or her fullest potential;
and
Whereas, our national and state history teaches us that not all
citizens have been provided a fair opportunity to fully
participate in our treasured economic system. Past discrimination
based on race and gender has prevented many citizens from
participating, achieving, and developing their fullest potential
and talents; and
Whereas, leaders of our State recognized this problem over a
decade ago and as a result implemented programs and policies
including race and gender-neutral efforts and specific set-aside
programs in an attempt to eliminate these discriminating barriers;
and
Whereas, in 1979, the General Assembly created, by joint
resolution, the Small Business Development Center Consortium as a
nonracially oriented technical assistance entity. Also in 1979,
the Joint Legislative Committee on Small Business, created in
1978, reported that firms owned by minority persons "have been
historically restricted from full participation in our free
enterprise system to a degree disproportionate to other
businesses"; and
Whereas, in 1981, the State enacted a consolidated procurement
code and, pursuant to numerous hearings which took place under the
direction of the State Reorganization Commission and the review of
the American Bar Association, enacted Section 11-35-5210(1) of
the 1976 Code which again confirmed a finding by the General
Assembly that discrimination had resulted in a lack of
participation by minorities in the state procurement system. In
reference to these findings, state procurement officers were
directed to initiate certain programs to include and involve
minorities in the procurement system; and
Whereas, several recent studies by the Office of Small and
Minority Business Assistance reveal that a pattern of
discrimination against, and minimal participation of, minority and
female-owned businesses in the state's procurement system still
exists. The data for Fiscal Years 1981-82, 1982-83, and 1983-84
show participation rates for minority-owned firms at less than one
percent; and
Whereas, the South Carolina Legislative Audit Council found in
1983-84 that minority-owned firms received only a mere .01 percent
of the state's contract dollars for goods, services, and building
renovations and construction. A public hearing on October 12,
1988, revealed a continuing lack of participation in the awarding
of contracts despite a race and gender-specific set-aside program
mandated by a proviso in the General Appropriations Act for 1988-
89 (Section 126.25); and
Whereas, the state's finding of a pattern of race and gender
discrimination over a ten-year period, despite numerous attempts
to create more equitable patterns, is evidence that additional
legislative action is necessary to cure and resolve this long and
historical problem in our State; and
Whereas, the purpose of this legislation is to remedy historic
patterns of discrimination against minorities and women in the
awarding of state contracts. It is intended that these provisions
be applied until future findings conclude that the historical
barriers to participation of minorities and women have been
eliminated.
B. Section 12-27-1320 of the 1976 Code, as amended by Section 45B,
Part II, Act 189 of 1989, is further amended to read:
"Section 12-27-1320. (A) Of total state source highway funds
expended in a fiscal year on highway, bridge, and building
construction, and building renovation contracts, the Department of
Highways and Public Transportation shall ensure that not less
than:
(1) five percent are expended through direct contracts with
estimated values of two-hundred fifty thousand dollars or less
with small business concerns owned and controlled by socially and
economically disadvantaged ethnic minorities (MBEs); and
(2) five percent are expended through direct contracts with
estimated values of two-hundred fifty thousand dollars or less
with firms owned and controlled by disadvantaged females (WBEs).
The two hundred fifty thousand dollars value limits may be
raised in the discretion of the department as MBEs/WBEs are able
to provide bondability.
(B) The department shall certify eligible firms under this
section and shall give at least thirty days' notice to certified
firms of contracts to be let. The department must take into
consideration the location and availability of MBE or WBE firms in
the State when designating projects to be set aside. No certified
MBE or WBE may participate after June 30, 1999, or nine years from
the date of the firm's first contract, whichever is later, if that
firm performed at least three million dollars in highway contracts
for four consecutive years while certified as a WBE or MBE. Firms
performing less than three million dollars in highway contracts
for four consecutive years may be recertified for additional
five-year periods based upon recertification reviews by the
department.
(C) To achieve the set-asides set forth in subsection (A) of
this section, the department shall advertise a number of highway
construction projects at each regularly scheduled highway letting
to be bid exclusively by MBEs and WBEs. The total annual value of
those projects awarded must equal at least ten percent of total
state source highway funds expended in each fiscal year, or
otherwise documented as described in subsection (D). Projects
must be awarded when the lowest responsive and responsible bidder
submits a bid within ten percent of the official engineer's
estimate. If the lowest responsive bid exceeds the engineer's
estimate by more than ten percent, the department may enter into
negotiation with the low bidder making reasonable changes in the
plans and specifications as necessary to bring the contract price
within the ten percent range. If the low bidder agrees to the
changes and the revised contract price, the contract must be
awarded to the low bidder at the revised price. If the low bidder
can show just cause for his bid exceeding the ten percent range,
the department may award the contract without making any changes
in the plans and specifications or the contract price. If the
department fails to award any advertised project, that project may
be readvertised through the normal bid process and must not be
readvertised for the purpose of achieving the set-asides.
(D) If no MBE or WBE firms certified pursuant to this section
are available to perform a contract, the department shall verify
and record this fact, and the verification must be preserved in
department records.
(E) To facilitate implementation of this section, the department
may waive bonding requirements for contracts let pursuant to this
section with estimated construction costs not exceeding two
hundred fifty thousand dollars a contract, and any contract set
aside and awarded to any MBE or WBE contractor without bonding
shall provide expressly that termination of the contract for
default of the contractor renders the contractor ineligible for
any further department nonbonded contracts for a minimum period of
two years from the date of the notice. The department shall act
as bonding company when bonding requirements have been waived.
Any claims brought by subcontractors or suppliers in connection
with nonbonded projects must be heard by the Department Claims
Committee and all legitimate claims must be paid by the
department. The committee shall take into account circumstances
such as unsettled payments and disputes with the department or
other circumstances that are beyond the MBE/WBEs control. Claims
resulting in monetary settlements shall render the MBE/WBEs
ineligible for any further department nonbonded projects until the
MBE/WBE has reimbursed or has made acceptable arrangements to
reimburse the department for the amount due as a result of the
settlement.
(F) In awarding any contract pursuant to this section,
preference must be given to an otherwise eligible South Carolina
contractor submitting a responsible bid not exceeding an otherwise
eligible out-of-state contractor's low bid by two and one-half
percent.
(G) The department shall establish written guidelines to be used
in the selection and design of projects awarded under this
section. Those guidelines shall outline the types of projects
best suited for this program and other related criteria.
(H) When a MBE or WBE receives a contract, the department shall
furnish a letter, upon request, stating the dollar value and
duration of, and other information about the contract, which may
be used by the MBE or WBE in negotiating lines of credit with
lending institutions.
(I) The department shall issue an annual report listing all
contracts awarded pursuant to this section. That report must also
include a listing of all contracts and subcontracts awarded
pursuant to Section 106(C) of the Federal Surface Transportation
Act of 1987 (STAA-1987; P.L. 100-17, Section 106(c)). The
listings must be both chronological and by name of participating
firms. Entries must include file numbers, locations, and dollar
amounts. The report must also contain information relating to
cancelled contracts and subcontracts, subcontractor substitutions,
and final payments to MBE/WBEs.
(J) Any MBE or WBE acting as a prime contractor shall perform at
least thirty percent of the work with his own forces. If thirty
percent of the work is performed with his own forces, the total
amount of the contract is counted toward the MBE/WBE set-asides.
If less than thirty percent is performed by the MBE/WBE, then only
that portion performed by the MBE/WBE is counted toward the set-
asides.
(K) The department shall make available technical assistance for
MBEs and WBEs for not less than three hundred thousand dollars.
Any of these funds awarded to small consulting firms owned and
controlled by MBEs or WBEs may count toward the set-asides
established in subsection (A) of this section. The selected
firms must be South Carolina based and experienced in assisting
with the development of minority firms.
(L) Technical assistance provided under subsection (K) of this
section shall include written and verbal instruction on
competitive bidding, management techniques, and general business
operations. Firms certified under this section must be
represented by a company officer in at least twenty hours of
continuing education a year in order to remain certified. The
department shall implement a system that will designate a lead
engineer to work with MBE/WBEs. This engineer shall work with the
office of compliance, the supportive services contractor, and with
the department's engineers to provide early technical assistance
to MBE/WBEs with contracts in each highway district. The support
shall include professional and technical assistance aimed toward
meeting the standards, the specifications, the timing, quality,
and other requirements of their contracts. The department shall
also endeavor to utilize the expertise of established highway,
bridge, and building contractors when providing technical and
support services.
(M) Any contracts awarded through the normal bid process to
certified MBEs or WBEs may count toward the set-asides.
Subcontracts entered into between prime contractors and certified
MBE/WBEs without regard to these provisions may be counted toward
the set-asides outlined in subsection (A) of this section if these
subcontracts are verified through the department records.
(N) If any part or provision of this section is declared to be
unconstitutional or unenforceable by a court of competent
jurisdiction of this State, the court's decision, nevertheless,
has no effect on the constitutionality, validity, and
enforceability of the other parts and provisions of this section
which are considered severable.
(O) Within one hundred twenty days of the effective date of
this section the department shall promulgate and implement
regulations to administer the provisions of this section."
C. This section takes effect July 1, 1990.
SECTION 29
Deleted
SECTION 30
Deleted
*SECTION 31
TO AMEND SECTION 59-6-20 OF THE 1976 CODE, RELATING TO THE PUBLIC
ACCOUNTABILITY DIVISION WITHIN THE DEPARTMENT OF EDUCATION, SO AS
TO CHANGE THE ELIMINATION DATE OF THE DIVISION.
The first paragraph of Section 59-6-20 of the 1976 Code is amended
to read:
"The State Board of Education and State Superintendent of
Education must establish within the State Department of Education
a special unit at the division level called the Public
Accountability Division. This special unit must be eliminated on
July 1, 1992. The unit head shall hold a position comparable to
a deputy superintendent and must be under the direct supervision
of and shall report to the State Superintendent of Education."
* Indicates those vetoes sustained by the General Assembly June
19, 1990. (Provisions printed in italic boldface were vetoed by
the Governor June 13, 1990.)
SECTION 32
TO AMEND SECTION 59-18-20 OF THE 1976 CODE, RELATING TO THE
COMPETITIVE SCHOOL INNOVATION GRANTS PROGRAM, SO AS TO CLARIFY THE
GRANTS TO BE FUNDED.
The first paragraph of Section 59-18-20(B) of the 1976 Code is
amended to read:
"To encourage public schools to implement innovative and
comprehensive approaches for improving student development,
performance, and attendance, a competitive school innovation
grants program is also established. Funds for the competitive
school innovation grants program are as provided by the General
Assembly in the annual general appropriations act. Beginning with
the 1991-92 school year, innovative programs are those which seek
to fundamentally redefine how schools operate, undertake new
approaches to what and how students learn, apply different
teaching methods, or create appropriate relationships between
schools and other social service agencies. The State Board of
Education, acting through the State Department of Education, must
provide by regulation for this competitive grants program. All
schools are eligible to apply for the grants."
SECTION 33
TO AMEND SECTION 56-5-2940, AS AMENDED, OF THE 1976 CODE, RELATING
TO THE PENALTIES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL OR
DRUGS, SO AS TO PROVIDE THAT THE FIRST TWO HUNDRED FIFTY DOLLARS
OF THE MANDATORY FINES IMPOSED FOR SECOND AND THIRD OFFENSE
CONVICTION OF DRIVING UNDER THE INFLUENCE MUST BE REMITTED TO THE
VICTIMS' COMPENSATION FUND.
A. The first two unlettered paragraphs of Section 56-5-2940 of the
1976 Code, as last amended by Act 532 of 1988, are further amended
to read:
"A person violating a provision of Section 56-5-2930, upon
conviction, entry of a plea of guilty or of nolo contendere or
forfeiture of bail, must be punished in accordance with the
following:
(1) By a fine of two hundred dollars or imprisonment for not
less than forty-eight hours nor more than thirty days, for the
first offense. However, in lieu of the forty-eight hour minimum
imprisonment the court may provide for forty-eight hours of public
service employment. The minimum forty-eight hour imprisonment or
public service employment must be served at a time when the person
is off from work and does not interfere with his regular
employment under terms and conditions as the court considers
proper. However, the court may not compel an offender to perform
public service employment in lieu of the minimum sentence.
(2) By a fine of not less than two thousand dollars nor more
than five thousand dollars and imprisonment for not less than
forty-eight hours nor more than one year for the second offense.
However, the fine imposed by this item may not be suspended in an
amount less than one thousand dollars. In lieu of service of
imprisonment the court may require that the individual complete an
appropriate term of public service employment of not less than ten
days upon terms and conditions the court considers proper.
(3) By a fine of not less than three thousand, five hundred
dollars nor more than six thousand dollars and imprisonment for
not less than sixty days nor more than three years, for the third
offense.
(4) Imprisonment for not less than one year nor more than five
years for a fourth offense or subsequent offense.
No part of the minimum sentences provided in this section must
be suspended. Of the minimum fines imposed in items (2) and (3)
of this section, the first two hundred fifty dollars must be
remitted to the Victims' Compensation Fund. The court may provide
in lieu of service other sentences provided in this section. For
a third offense or any subsequent offense or for a violation of
Section 56-5-2945 as it relates to great bodily injury the service
of the minimum sentence is mandatory. However, the judge may
provide for the sentence to be served upon terms and conditions as
he considers proper including, but not limited to, weekend service
or nighttime service in any fashion he considers necessary."
B. This section is effective for fines imposed for convictions
occurring after June 30, 1990.
SECTION 34
TO AMEND SECTION 59, PART II, ACT 189 OF 1989, THE GENERAL
APPROPRIATIONS ACT FOR 1989-90, RELATING TO THE AUTHORITY OF THE
SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT TO
EXPEND A MAXIMUM OF ONE MILLION DOLLARS TO STUDY COMPUTER
INFRASTRUCTURE NEEDS OF STATE GOVERNMENT, SO AS TO AUTHORIZE THE
COUNCIL TO UNDERTAKE ADDITIONAL STUDIES WITH THE PREVIOUSLY
ALLOCATED FUNDING.
Section 59, Part II of Act 189 of 1989 is amended to read:
"From the funds set aside pursuant to Section 12-27-1270 of the
1976 Code, the South Carolina Coordinating Council for Economic
Development may spend an amount not exceeding one million dollars
in Fiscal Year 1989-90 for one or more of the following
activities: (1) a study to determine the computer infrastructure
needs of state government, (2) additional money for the Department
of Parks, Recreation and Tourism to advertise nationally and
promote the South Carolina tourism industry; (3) a contract with
the State Development Board to study interrelations of the
Geographical Information Systems overlay project and the state
computer infrastructure study not to exceed two hundred thousand
dollars; and (4) assist the University of South Carolina, Clemson,
and sixteen technical colleges with the Southeast Manufacturing
Center. Any unexpended funds at the end of Fiscal Year 1989-90
may be carried forward and expended for the same purpose in Fiscal
Year 1990-91."
SECTION 34A
Deleted
*SECTION 35
TO AMEND SECTION 24-3-410 OF THE 1976 CODE, RELATING TO THE
PROHIBITION ON THE SALE OF PRODUCTS MANUFACTURED OR PRODUCED BY
PRISON LABOR AND THE EXCEPTIONS TO THE PROHIBITION, SO AS TO
EXEMPT PRODUCTS PRODUCED BY INMATES OF THE SOUTH CAROLINA
DEPARTMENT OF CORRECTIONS EMPLOYED IN A FEDERALLY CERTIFIED
PRIVATE SECTOR PRISON INDUSTRIES PROGRAM IF THE WORKERS
PARTICIPATE VOLUNTARILY, RECEIVE COMPARABLE WAGES, AND THE WORK
PERFORMED DOES NOT DISPLACE EMPLOYED WORKERS.
Section 24-3-410 of the 1976 Code is amended to read:
"Section 24-3-410. (A) It is unlawful to sell or offer for
sale on the open market of this State any articles or products
manufactured or produced wholly or in part by convicts or
prisoners in this or any other state.
(B) The provisions of this section do not apply to:
(1) articles manufactured or produced by persons on parole or
probation;
(2) the production of cattle, cotton, turkish tobacco, soybeans,
and wheat;
(3) products sold by the Department of Corrections made by
inmates in the hobbycraft program;
(4) articles or products sold to nonprofit corporations
incorporated under the provisions of Article 1, Chapter 31 of
Title 33, or to organizations operating in this State which have
been granted an exemption pursuant to Section 501(c) of the
Internal Revenue Code of 1986;
(5) road and street designation signs sold to private
developers;
(6) articles or products made in an adult work activity center
established by the Department of Corrections through contracts
with private sector businesses which provide work and vocational
training opportunities for the physically handicapped, mentally
retarded, or aged inmates where the compensation is paid by the
private sector business to the prisoner on a piece completed
basis;
(7) products sold intrastate or interstate produced by inmates
of the Department of Corrections employed in a federally certified
private sector/prison industries program if the inmate workers
participate voluntarily, receive comparable wages, and the work
does not displace employed workers. For purposes of this item
(7), the term 'products' does not include goods and Standard
Industrial Classification Code 27.
(C) Any person violating the provisions of this section is
guilty of a misdemeanor and, upon conviction, must be punished by
a fine of not less than two hundred dollars, nor more than five
thousand dollars, or by imprisonment in jail not less than three
months nor more than one year, or both. Each sale or offer for
sale constitutes a separate offense under this section. Proceeds
of the sale of all agricultural products, when produced by an
instrumentality under control of the State Board of Corrections,
must be applied as provided in Section 24-1-250."
* Indicates those vetoes sustained by the General Assembly June
19, 1990. (Provisions printed in italic boldface were vetoed by
the Governor June 13, 1990.)
SECTION 36
Deleted
SECTION 37
Deleted
SECTION 38
TO AMEND SECTION 12-54-55 OF THE 1976 CODE, RELATING TO INTEREST
ON UNDERPAYMENTS OF ESTIMATED STATE INCOME TAXES, SO AS TO PROVIDE
THAT NO INTEREST OR PENALTY IS DUE FOR UNDERPAYMENTS ATTRIBUTABLE
TO PERSONAL SERVICE INCOME EARNED IN ANOTHER STATE ON WHICH WAS
WITHHELD INCOME TAX DUE THAT STATE.
A. Section 12-54-55(1) of the 1976 Code is amended to read:
"(1) In the case of an individual taxpayer, estate, or trust in
the same manner as prescribed by the provisions of Internal
Revenue Code Section 6654, and applicable regulations, except that
under Internal Revenue Code Section 6654(e)(1) one hundred dollars
applies rather than five hundred dollars. No interest or penalty
is due under this item for underpayments attributable to personal
service income earned in another state on which was withheld
income tax due the other state."
B. This section is effective for taxable years beginning after
1989.
SECTION 39
Deleted
SECTION 40
Deleted
SECTION 41
Deleted
SECTION 42
Deleted
SECTION 43
TO AMEND SECTION 8-21-310, AS AMENDED, OF THE 1976 CODE, RELATING
TO FEES PAID TO CLERKS OF COURT AND REGISTERS OF MESNE
CONVEYANCES, SO AS TO INCREASE THE FILING FEE FOR A FIRST
COMPLAINT OR PETITION IN A CIVIL ACTION OR PROCEEDING IN A COURT
OF RECORD FROM THIRTY-FIVE TO FIFTY DOLLARS, AND TO PROVIDE THAT
THE INCREASE IN THIS FILING FEE MUST BE TRANSMITTED TO THE STATE
FOR DEPOSIT TO THE CREDIT OF THE GENERAL FUND OF THE STATE.
A. Section 8-21-310(11)(a) of the 1976 Code, as last amended by an
act of 1990 bearing ratification number 652, is further amended to
read:
"(11)(a) For filing first complaint or petition, including
application for a remedial and prerogative writ and bond on
attachment or other bond, in a civil action or proceeding, in a
court of record, fifty dollars. There is no further fee for
filing an amended or supplemental complaint or petition nor for
filing any other paper in the same action or proceeding. An
original application for postconviction relief may be filed
without fee upon permission of the court to which the application
is addressed. There is no further fee for entering and filing any
verdict, judgment, final decree, or order of dismissal, and
enrolling a judgment thereon, for signing, sealing, and issuance
of execution, or for entering satisfaction or partial satisfaction
on a judgment. Of the fifty-dollar fee thirty-five dollars is
subject to the disposition provision of Section 20-7-1510 and the
remaining fifteen dollars must be remitted to the State and
deposited to the credit of the general fund of the State;".
B. This section takes effect July 1, 1990.
SECTION 44
Deleted
SECTION 45
TO AMEND SECTION 44-7-84 OF THE 1976 CODE, RELATING TO THE MAXIMUM
NUMBER OF MEDICAID PATIENT DAYS FOR MEDICAID NURSING HOME PERMITS,
SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL
CONTROL TO ASSESS EACH NURSING HOME AN ANNUAL FEE FOR THE ISSUANCE
AND ADMINISTRATION OF THE MEDICAID DAYS PERMIT PROGRAM AND PROVIDE
FOR DEPOSIT OF THE FEE, EXEMPTIONS, REPORTING REQUIREMENTS, AND
EXPIRATION OF THE FEE.
Section 44-7-84 of the 1976 Code, as added by Act 184 of 1987,
is amended by adding:
"(D) The department shall assess each nursing home an annual
administrative fee of two dollars for each patient day for the
issuance and administration of the Medicaid days permit program.
The funds generated from this fee must be remitted to the State
Treasurer for deposit into the general fund. Licensed nursing
home beds operated by the Department of Mental Health and the
Department of Mental Retardation are exempt from the provisions of
this paragraph.
Within ninety days from the collection, but not later than
January first of each year, the department shall submit a report
to the House of Representatives Ways and Means Committee and to
the Senate Finance Committee detailing the fees collected by the
facility. The General Assembly annually shall review the
assessment and collection of the fee.
The administrative assessment as provided in this section
expires June 30, 1991, unless reenacted by the General Assembly."
SECTION 46
TO AMEND ACT 197 OF 1989, RELATING TO AMENDMENTS TO VARIOUS
WORKERS' COMPENSATION STATUTES, SO AS TO DELAY UNTIL JULY 1, 1991,
THE EFFECTIVE DATE OF THE AMENDMENT TO SECTION 42-17-50 OF THE
1976 CODE REDUCING THE APPLICATION FEES FOR REVIEW AND REHEARINGS.
Section 3 of Act 197 of 1989 is amended to read:
"Section 3. This act takes effect upon approval by the Governor,
with the exception that the amendments to Section 42-17-50, as
contained in Section 2, take effect July 1, 1991."
SECTION 47
Deleted
SECTION 48
TO AMEND SECTION 56-5-4160 OF THE 1976 CODE, AS AMENDED, RELATING
TO THE WEIGHING OF VEHICLES AND LOADS BY THE DEPARTMENT OF
HIGHWAYS AND PUBLIC TRANSPORTATION AND PENALTIES, SO AS TO PROVIDE
FOR SEPARATE CRIMINAL OFFENSES AND PENALTIES FOR AXLE WEIGHT
VIOLATIONS AND EXCESS GROSS WEIGHT VIOLATIONS, THAT MAGISTRATES
HAVE JURISDICTION OF VIOLATIONS OF THIS SECTION, AND FOR A
SEPARATE UNIFORM CITATION TO BE USED BY THE SIZE AND WEIGHT
DIVISION FOR VIOLATIONS.
A. Section 56-5-4160 of the 1976 Code, as last amended by Act 167
of 1989, is further amended to read:
"Section 56-5-4160. (A) An officer or agent of the department
having reason to believe that the weight of a vehicle and load is
unlawful may require the driver to stop and submit to a weighing
of the vehicle and load either by means of portable or stationary
scales and may require that the vehicle be driven to the nearest
public scales. Whenever an officer upon weighing a vehicle and
load determines that the weight is unlawful, he may require the
driver to stop the vehicle in a suitable place and remain standing
until the portion of the load necessary to reduce the gross weight
of the vehicle to the limits permitted under this chapter is
removed. All material so unloaded must be cared for by the owner
or operator of the vehicle at his own risk.
(B) A person who operates a vehicle on a public highway whose
axle weight or tandem axle weight is in excess of the limits
imposed by Section 56-5-4130 or 56-5-4140 is guilty of a
misdemeanor and, upon conviction, must be fined not more than one
hundred dollars or imprisoned for not more than thirty days, or
both.
(C) A person who operates a vehicle found to exceed the excess
gross weight limitations imposed by Section 56-5-4130 or 56-5-4140
is guilty of a misdemeanor and, upon conviction, shall pay to the
department a fine based on the following scale:
POUNDS OF EXCESS AMOUNT OF FINE
WEIGHT IN DOLLARS
(1) 500 - 1500 lbs.: $ 25.00
(2) 1501 - 2500 lbs.: 45.00
(3) 2501 - 3500 lbs.: 60.00
(4) 3501 - 4250 lbs.: 135.00
(5) 4251 - 5250 lbs.: 180.00
(6) 5251 - 6250 lbs.: 300.00
(7) 6251 - 7250 lbs.: 460.00
(8) 7251 - 8250 lbs.: 600.00
(9) 8251 - 10250 lbs.: 700.00
(10) 10251 - lbs. and over: 800.00
If the operator of the vehicle, upon conviction, fails to
remit the fine imposed by this subsection to the department, the
owner of the vehicle is responsible for remitting the fine. The
court is prohibited from suspending any portion of this fine.