South Carolina General Assembly
109th Session, 1991-1992

Bill 4500

         PART II                                                 PAGE 758

   1                                         INDEX OF PERMANENT PROVISIONS
   2                                         BY SUBJECT AND SECTION NUMBER
   3
   4                                                    PART II
   5                                                        SECTION                                                                                               SECTION
   6
   7     Aging Facility - Permanent Improvement                                                                Sales & Use Tax - 1-900/976 Telephone Numbers        33
   8       Fund - RULED NON-GERMANE                            7                                               Sales Tax - Accrual                                  34
   9     Biennial Licensure - Alcoholic Beverage               8                                               Sales Tax - Catalog Sales                            35
  10     Biennial Licensure - Charitable Organizations         9                                               Sales Tax - Vendor Discount                          36
  11     Biennial Licensure - Coin Operated Devices                                                            Sales Tax - Vendor Discount - DELETED                 4
  12       & Motor Carriers                                   10                                               Savannah Valley Authority                            37
  13     Biennial Licensure - Insurance                       11                                               School District Fringe Benefit Allocation - TABLED   38
  14     Biennial Licensure - Motor Vehicles                  12                                               Sheriff's Department Restructuring Referendum
  15     Board of Economic Advisors                           13                                                 RULED NON-GERMANE                                  39
  16     Code of Laws                                          1                                               SHIMS Earnings on Investments                        40
  17     Dental License Renewal Fee - TABLED                  14                                               SHIMS Federal Match                                  41
  18     Employee Moving Expenses                             45                                               Solid Waste Fee Increase                             49
  19     Employees & Retirees Insurance - DELETED              2                                               Suggestion Awards Program                            42
  20     Energy Office                                        15                                               Superb Account                                       43
  21     Forestry Seedling Program                            16                                               Traffic Violation Fines Increase                     50
  22     General Assembly Retirement System - DELETED          3                                               Vehicle Inspection                                   51
  23     Hazardous & Non-Hazardous Disposal Fees              17                                               Watercraft Fees & Fines                              44
  24     Hazardous Waste Contingency Fund - Interest          18
  25     Hazardous Waste Disposal Fees - DELETED               5
  26     Hospital Assessment Tax                              19
  27     Income Tax Deduction - Agricultural Produce          46
  28     Infectious Waste Contingency Fund - Interest         20
  29     Jobs Economic Development Authority                  21
  30     Local Government Fund - RULED NON-GERMANE            22
  31     Local Government Fund - Road Maintenance - RULED
  32       NON-GERMANE                                        23
  33     Low-Level Radioactive Waste Disposal Fees - DELETED   6
  34     Low-Level Radioactive Waste Disposal Tax             24
  35     National Guard Pension - RULED NON-GERMANE           25
  36     Nursing Home Bed Fee                                 26
  37     Pharmacist License Renewal Fee - DELETED             27
  38     Physician & Osteopath License Renewal Fee - TABLED   28
  39     POLA Testing Fees                                    29
  40     Procurement Codes                                    30
  41     Railroad Preservation & Revitalization Act           47
  42     Railway Commission                                   31
  43     Residential Builder's License                        32
  44     Residential Rights-of-Way                            48


PART II PAGE 759 1 PART II TO AMEND SECTION 61-3-610 OF THE 1976 CODE, RELATING TO 2 ALCOHOLIC BEVERAGE CONTROL COMMISSION LICENSES TO PURCHASE 3 PERMANENT PROVISIONS ALCOHOLIC BEVERAGES FOR COOKING, SO AS TO REVISE THE LICENSE 4 FEE AND CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL; TO AMEND 5 SECTION 1 SECTIONS 61-3-710 AND 61-5-70, RELATING TO EXPIRATION OF 6 LICENSES ISSUED BY THE COMMISSION, SO AS TO REVISE THE 7 The Code Commissioner is directed to include all permanent EXPIRATION DATES AND THE LICENSING PERIOD AND CHANGE THE 8 general laws in this Part in the next edition of the Code of REFERENCES TO ANNUAL TO BIENNIAL; TO AMEND SECTION 61-5-80, 9 Laws of South Carolina, 1976, and all supplements to the RELATING TO LICENSE FEES, SO AS TO REVISE THE FEES AND THE 10 Code. LICENSING PERIOD; TO AMEND SECTION 61-7-80, RELATING TO 11 REGISTRATION OF PRODUCERS, SECTION 61-7-90, RELATING TO 12 REGISTRATION OF BRANDS OF ALCOHOLIC LIQUORS, SECTION 13 SECTION 2 61-7-130, RELATING TO LICENSING OF PRODUCERS' WAREHOUSES, AND 14 SECTION 61-9-220, RELATING TO PRODUCERS' CERTIFICATES OF 15 DELETED (Employees & Retirees Insurance) REGISTRATION, SO AS TO REVISE THE FEES AND THE LICENSING 16 PERIOD; TO AMEND SECTION 61-9-310, RELATING TO EXPIRATION OF 17 PERMITS ISSUED BY THE COMMISSION, SO AS TO REVISE THE PERMIT 18 SECTION 3 FEES, EXPIRATION DATES, AND PERMITTING PERIOD; AND TO AMEND 19 SECTION 61-9-1220, RELATING TO PERMITS FOR BREWERIES AND 20 DELETED (General Assembly Retirement System) WINERIES, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO 21 BIENNIAL AND LICENSE TO PERMIT AND REVISE THE FEES AND THE 22 PERMITTING PERIOD. 23 SECTION 4 24 A. Section 61-3-610 of the 1976 Code is amended to read: 25 DELETED (Sales Tax Vendor Discount) 26 "Section 61-3-610. Any An establishment which offers meals 27 to the public may secure a license from the Alcoholic 28 SECTION 5 Beverage Control Commission to purchase and possess liqueurs, 29 wines, and similar alcoholic beverages which shall be used 30 DELETED (Hazardous Waste Disposal Fees) solely in the cooking and preparing of foods to be served by 31 such the establishment. Application for such the license 32 shall must be in such a form and under such conditions as may 33 SECTION 6 be prescribed by the commission. The license fee shall be 34 twenty-five is fifty dollars annually. Any A person 35 DELETED (Low-Level Radioactive Waste Disposal Fees) violating the provisions of this section shall be deemed is 36 guilty of a misdemeanor and, upon conviction, shall must be 37 fined five hundred dollars, and in addition any other license 38 SECTION 7 which licenses he holds from the commission shall must be 39 revoked. The license provided for in this section shall does 40 RULED NON-GERMANE (Aging Facility - Permanent Improvement not be construed to alter or limit the privileges or 41 Fund) responsibilities for holders of licenses issued to authorize 42 the possession, sale, and consumption of alcoholic beverages 43 in containers of two ounces or less issued pursuant to Act 44 SECTION 8 398 of 1967. Establishments so licensed may use alcoholic
PART II PAGE 760 1 beverages in the preparation of food without obtaining the a biennial license upon their first license renewal or 2 license provided for in this section if only containers of registration after June 30, 1992. 3 two ounces or less are used in such the food preparation." (C) The commission shall prorate license fees for license 4 year 1988-89 years 1992-94 according to the length of time 5 B. Section 61-3-710 of the 1976 Code is amended to read: that the licenses are valid." 6 7 "Section 61-3-710. (A)All Licenses issued under the C. Section 61-5-70 of the 1976 Code is amended to read: 8 provisions of this chapter expire annually biennially 9 according to the county where the licensed location is "Section 61-5-70. (A) All Licenses issued under this 10 situated. The expiration dates are the last day of: article expire annually biennially according to the county 11 (1) the last day of February in years which end in an: where the licensed location is situated. The expiration 12 (a) odd number for Allendale, Bamberg, Barnwell, dates are the last day of: 13 Beaufort, and Berkeley, counties; (1) the last day of February in years which end in an: 14 (b) even number for Charleston, Clarendon, Colleton, (a) odd number for Allendale, Bamberg, Barnwell, 15 Dorchester, Georgetown, Hampton, Jasper, and Williamsburg Beaufort, and Berkeley, counties; 16 counties; (b) even number for Charleston, Clarendon, Colleton, 17 (2) the last day of May in years which end in an: Dorchester, Georgetown, Hampton, Jasper, and Williamsburg 18 (a) odd number for Cherokee, Chester, Chesterfield, counties; 19 Darlington, Dillon, Fairfield, Florence, and Horry, counties; (2) the last day of May in years which end in an: 20 (b) even number for Lancaster, Marion, Marlboro, Union, (a) odd number for Cherokee, Chester, Chesterfield, 21 and York counties; Darlington, Dillon, Fairfield, Florence, and Horry, counties; 22 (3) the last day of August in years which end in an: (b) even number for Lancaster, Marion, Marlboro, Union, 23 (a) odd number for Calhoun, Kershaw, Lee, Orangeburg, and York counties; 24 and Sumter, and counties; (3) the last day of August in years which end in an: 25 (b) even number for Richland counties County; (a) odd number for Calhoun, Kershaw, Lee, Orangeburg, 26 (4) the last day of November in years which end in an: and Sumter, and counties; 27 (a) odd number for Abbeville, Aiken, Anderson, (b) even number for Richland counties County; 28 Edgefield, Greenville, and Greenwood, counties; (4) the last day of November in years which end in an: 29 (b) even number for Laurens, Lexington, McCormick, (a) odd number for Abbeville, Aiken, Anderson, 30 Newberry, Oconee, Pickens, Saluda, and Spartanburg counties. Edgefield, Greenville, and Greenwood, counties; 31 (B)(1) Licensees in Abbeville, Aiken, Anderson, Calhoun, (b) even number for Laurens, Lexington, McCormick, 32 Edgefield, Greenville, Greenwood, Kershaw, Lee, Orangeburg, Newberry, Oconee, Pickens, Saluda, and Spartanburg counties. 33 and Sumter counties shall obtain a one-year license in 1992. (B)(1) Licensees in Abbeville, Aiken, Anderson, Calhoun, 34 Beginning in 1993 these licensees shall obtain a biennial Edgefield, Greenville, Greenwood, Kershaw, Lee, Orangeburg, 35 license. and Sumter counties shall obtain a one-year license in 1992. 36 (2) Licensees in Charleston, Clarendon, Colleton, Beginning in 1993 these licensees shall obtain a biennial 37 Dorchester, Georgetown, Hampton, Jasper, Lancaster, Marion, license. 38 Marlboro, Union, Williamsburg, and York counties whose (2) Licensees in Charleston, Clarendon, Colleton, 39 license expires in 1993 shall obtain a one-year license. Dorchester, Georgetown, Hampton, Jasper, Lancaster, Marion, 40 Beginning in 1994 these licensees shall obtain a biennial Marlboro, Union, Williamsburg, and York counties whose 41 license. license expires in 1993 shall obtain a one-year license. 42 (3) Licensees located in counties not provided in item Beginning in 1994 these licensees shall obtain a biennial 43 (1) or (2) whose license expires in 1992 or 1993 shall obtain license.
PART II PAGE 761 1 (3) Licensees in counties not provided in item (1) or (2) liquors by the producer to a point within the geographic 2 whose license expires in 1992 or 1993 shall obtain a biennial limits of South Carolina. 3 license upon their first license renewal or registration (B) Every producer, at the same time application is made 4 after June 30, 1992. for a certificate of registration, shall remit to the 5 (C) The commission shall prorate license fees for license commission a fee of one two hundred dollars. Where a 6 year 1988-89 years 1992-94 according to the period of time certificate is applied for on or after March first, the fee 7 that the license is valid." is one hundred fifty dollars. 8 (C) Every certificate of registration is valid from the 9 D. Section 61-5-80 of the 1976 Code is amended to read: date of issue until the second August thirty-first of each 10 year after the issuance of the license." 11 "Section 61-5-80. (A)Applications for licenses must be 12 accompanied by appropriate fees, payable to the commission F. Section 61-7-90 of the 1976 Code is amended to read: 13 and must be deposited with the State Treasurer, or are 14 refundable if a license is refused. The schedule of fees for "Section 61-7-90. (A) Every registered producer, before the 15 the license is: shipment of any alcoholic liquors to a point within the 16 (1) seven one thousand, five hundred fifty dollars a year geographic limits of South Carolina, shall obtain from the 17 biennially for a nonprofit organization, as defined in commission a certificate of registration for each brand of 18 Section 61-5-20(3); alcoholic liquors intended to be shipped to a point within 19 (2) seven one thousand, five hundred fifty dollars a year the geographic limits of this State. The commission shall 20 biennially for a business establishment, as defined in provide appropriate forms for application for certificate of 21 Section 61-5-20(4). registration of brands of alcoholic liquors. 22 (B) A person who initially applies for a license after the (B) At the same time When an application for a certificate 23 first day of a license year period shall pay license fees in of registration of brands of alcoholic liquors is submitted 24 accordance with the following schedule provided in this a fee of ten twenty dollars must be paid to the commission 25 subsection. During the: for each brand except the first five brands of a registered 26 (1) during the first quarter of the license year, period: producer. 27 the entire fee; (C) A certificate of registration of brands of alcoholic 28 (2) during the second quarter of the license year, liquors is valid from the date of issue to the second August 29 period: three-fourths of the prescribed fee; thirty-first after the issuance of each year the license. 30 (3) during the third quarter of the license year, period: 31 one-half of the prescribed fee; G. Section 61-7-130 of the 1976 Code is amended to read: 32 (4) during the final quarter of the license year,: 33 one-fourth of the prescribed fee. "Section 61-7-130. (A) A registered producer may store 34 (C) Each applicant shall pay a filing fee of one hundred alcoholic liquors only in a warehouse of the registered 35 dollars which must accompany the initial application for each producer licensed by the commission. The commission shall 36 location and which is not refundable." require sufficient bond with respect to a licensed warehouse 37 to insure proper handling of liquors stored in the warehouse. 38 E. Section 61-7-80 of the 1976 Code is amended to read: Application for license to operate a warehouse must be filed 39 on forms prescribed by the commission. 40 "Section 61-7-80. (A)Every producer shall apply to the (B) At the same time When an application for a warehouse 41 commission on forms as the commission prescribes for a license is submitted, a fee of two four hundred dollars must 42 certificate of registration, which certificate must be be paid to the commission. Where application is made for a 43 approved and issued before the shipment of any alcoholic warehouse license on or after March first, the fee is one 44 hundred fifty dollars. A warehouse license is valid from the
PART II PAGE 762 1 date of issue until the second August thirty-first after the (a) odd number for Allendale, Bamberg, Barnwell, 2 issuance of each year the license." Beaufort, and Berkeley, counties; 3 (b) even number for Charleston, Clarendon, Colleton, 4 H. Section 61-9-220 of the 1976 Code is amended to read: Dorchester, Georgetown, Hampton, Jasper, and Williamsburg 5 counties; 6 "Section 61-9-220. Every producer shall apply to the (2) the last day of May in years which end in an: 7 commission on the forms as the commission may prescribe for (a) odd number for Cherokee, Chester, Chesterfield, 8 a certificate of registration, which certificate must be Darlington, Dillon, Fairfield, Florence, and Horry, counties; 9 approved and issued before the shipment of any beer or wine (b) even number for Lancaster, Marion, Marlboro, Union, 10 by the producer to a point within the geographic limits of and York counties; 11 South Carolina. Every producer, at the same time application (3) the last day of August in years which end in an: 12 is made for a certificate of registration, shall remit to the (a) odd number for Calhoun, Kershaw, Lee, Orangeburg, 13 commission a fee of one two hundred dollars. Every and Sumter, and counties; 14 certificate of registration is valid from the date of issue (b) even number for Richland counties County; 15 until the second August thirty-first after the issuance of (4) the last day of November in years which end in an: 16 each year the license. Beer and wine wholesalers shall (a) odd number for Abbeville, Aiken, Anderson, 17 purchase only beer, ale, or wine from manufacturers or Edgefield, Greenville, and Greenwood, counties; 18 importers who hold a certificate of registration issued by (b) even number for Laurens, Lexington, McCormick, 19 the commission. Nothing contained in this section or in Newberry, Oconee, Pickens, Saluda, and Spartanburg counties. 20 Section 61-9-315 may be construed to prevent prevents the (C) (1) Permittees in Abbeville, Aiken, Anderson, 21 transfer or purchase and sale, for resale to retailers only, Calhoun, Edgefield, Greenville, Greenwood, Kershaw, Lee, 22 between wholesalers authorized by the registered producer or Orangeburg, and Sumter shall obtain a one-year permit in 23 an exclusive agent in South Carolina to distribute the same 1992. Beginning in 1993 these permittees shall obtain a 24 brand or brands of wine, beer, or ale." biennial permit. 25 (2) Permittees in Charleston, Clarendon, Colleton, 26 I. Section 61-9-310 of the 1976 Code is amended to read: Dorchester, Georgetown, Hampton, Jasper, Lancaster, Marion, 27 Marlboro, Union, Williamsburg, and York counties whose permit 28 "Section 61-9-310. (A)Every person engaging in the expires in 1993 shall obtain a one-year permit. Beginning in 29 business of selling beer, ale, porter, wine, or a beverage 1994, these permittees shall obtain a biennial permit. 30 which has been declared to be nonalcoholic and (3) Permittees in counties not provided in item (1) or 31 nonintoxicating under the provisions of Section 61-9-10 shall (2) whose permit expires in 1992 or 1993 shall obtain a 32 apply to the commission for a permit to sell these beverages. biennial permit upon their first permit renewal or 33 Each applicant shall pay a filing fee of two hundred dollars registration after June 30, 1992. 34 which is not refundable. Retail dealers shall pay to the (D) The commission shall prorate permit fees for license 35 commission two four hundred dollars a year biennially for year 1988-89 permit years 1992-94 according to the length of 36 retail permits, and wholesale dealers shall pay to the time that the permit is valid." 37 commission one two thousand dollars a year biennially for 38 wholesale permits. Separate permits are required for each J. Section 61-9-1220 of the 1976 Code is amended to read: 39 separate place of business. 40 (B) All permits issued under the provisions of this "Section 61-9-1220. Any A person desiring to construct, 41 chapter expire annually biennially according to the county maintain, or operate a brewery or winery under the provisions 42 where the place of business is situated. The expiration of this article shall first shall apply to the Alcoholic 43 dates are: Beverage Control Commission for a permit so to do. Such The 44 (1) the last day of February in years which end in an: application shall must be in writing in such a form as the
PART II PAGE 763 1 commission may prescribe and such person so applying for such Article 3 of Chapter 13, all of Title 61 which shall be in 2 permit shall be. The applicant is subject to the payment of addition to all other license taxes, shall be are as follows: 3 an annual license a biennial permit tax upon each brewery and (1) for each manufacturer's license, twenty-five fifty 4 on each commercial winery to be established and operated of thousand dollars; 5 one two hundred dollars which shall must be paid to and (2) for each wholesaler's license, ten twenty thousand 6 collected by the Tax Commission before a permit is issued. dollars; and 7 But However, the owner and operator of any such a winery who (3) for each retail dealer's license, six one thousand and 8 consumes in the operation thereof only the fruits produced on two hundred dollars. 9 his own farm or premises shall be is subject to the payment Each applicant shall pay a filing fee of one hundred 10 of a license permit fee of only five ten dollars per annum dollars which shall must accompany the initial application 11 biennially. Each and every license or The permit shall for each location and which shall is not be refundable." 12 expire on the 31st day of expires December biennially of each 13 and every year. The fees charged for permits for the M. Section 12-33-220 of the 1976 Code is amended to read: 14 operation of breweries and wineries, as provided herein, 15 shall must be prorated quarterly on by reducing the permit "Section 12-33-220. Any A person granted a license on or 16 cost by one-eighth January 1st, April 1st, July 1st, and after January first and prior to before June thirtieth of any 17 October 1st of each year and any. A brewer or commercial year shall pay three fourths seven-eighths of the license 18 wine manufacturer commencing business during one of these fees prescribed in Section 12-33-210." 19 quarters intervals shall be required to pay for the quarter 20 eighth of the permit period in which business is commenced N. This section takes effect July 1, 1992. 21 and for the quarters eighth of the permit period during the 22 remainder of the year period, but no refund shall may be made 23 to a dealer who ceases business after securing a permit." SECTION 9 24 25 K. Section 61-7-110 of the 1976 Code is amended to read: TO AMEND THE 1976 CODE BY ADDING SECTION 33-55-45 SO AS TO 26 PROVIDE FOR THE BIENNIAL LICENSING AND REGISTRATION OF 27 "Section 61-7-110. No person shall be is qualified as a CHARITABLE ORGANIZATIONS BY THE SECRETARY OF STATE; TO AMEND 28 producer representative unless and until he has made THE 1976 CODE BY ADDING SECTION 35-1-485 SO AS TO PROVIDE FOR 29 application to the Alcoholic Beverage Control Commission for THE BIENNIAL LICENSING AND REGISTRATION OF BROKER-DEALERS, 30 a certificate of registration and such the certificate shall AGENTS, AND INVESTMENT ADVISERS BY THE SECRETARY OF STATE; TO 31 have has been approved and issued. The Alcoholic Beverage AMEND THE 1976 CODE BY ADDING SECTION 39-57-55 SO AS TO 32 Control Commission shall must provide appropriate forms for PROVIDE FOR THE BIENNIAL LICENSING AND REGISTRATION OF 33 application for a certificate of registration as a producer BUSINESS OPPORTUNITY SELLERS; TO AMEND THE 1976 CODE BY 34 representative. ADDING SECTION 41-25-35 SO AS TO PROVIDE FOR THE BIENNIAL 35 At the same time the application for a certificate of LICENSING AND REGISTRATION OF PRIVATE PERSONNEL PLACEMENT 36 registration as a producer representative is submitted, a fee SERVICE BUSINESSES; TO AMEND SECTION 33-55-40, RELATING TO 37 of twenty-five fifty dollars shall must be paid to the THE REGISTRATION OF CHARITABLE ORGANIZATIONS, SO AS TO REVISE 38 Alcoholic Beverage Control Commission and is valid for a THE REGISTRATION PERIOD AND FEE AND CHANGE THE REFERENCES TO 39 biennial period." ANNUAL TO BIENNIAL; TO AMEND SECTION 35-1-430 AND SECTION 40 35-1-480, AS AMENDED, RELATING TO THE REGISTRATION OF 41 L. Section 12-33-210 of the 1976 Code is amended to read: BROKER-DEALERS, AGENTS, AND INVESTMENT ADVISERS, SO AS TO 42 REVISE THE REGISTRATION PERIOD AND FEE; TO AMEND SECTION 43 "Section 12-33-210. The biennial license taxes on licenses 39-57-50, AS AMENDED, RELATING TO THE REGISTRATION OF 44 granted under the provisions of Chapter 3, Chapter 7, and BUSINESS OPPORTUNITY SELLERS, SO AS TO CHANGE THE REFERENCE
PART II PAGE 764 1 TO ANNUAL TO BIENNIAL AND REVISE THE REGISTRATION FEE; AND TO that time the license must be renewed for two years and 2 AMEND SECTION 41-25-30, AS AMENDED, RELATING TO THE LICENSING biennially after that time; 3 OF PRIVATE PERSONNEL PLACEMENT SERVICE BUSINESSES, SO AS TO (iv) January 1, 1993, and June 30, 1993, which end in 4 REVISE THE LICENSE FEE AND LICENSING PERIOD AND CHANGE THE an odd number must be issued biennially; 5 REFERENCE TO ANNUAL TO BIENNIAL. (v) July 1, 1992, and June 30, 1993, and are issued 6 license numbers which end in `A' through `L' shall obtain a 7 A. The 1976 Code is amended by adding: biennial registration; 8 (vi) July 1, 1992, and June 30, 1993, and which end in 9 "Section 33-55-45. (A)Licenses required by Chapter 55 of `M' through `Z' must be issued for one year and renewed 10 Title 33 to be registered biennially must be assigned biennially after that time. 11 registration periods as provided in this section. (2) Registrations are valid until the last day of the 12 (1) Upon the first reregistration of the licenses by the month in which the registration expires. The license fees 13 South Carolina Secretary of State's Office after the charged during the conversion process must be prorated for 14 effective date of the implementation of biennial licensure, the length of the license issued. 15 a biennial registration period must be implemented as (B) After June 30, 1993, licensees must be registered and 16 follows: licensed for twenty-four consecutive months, and the 17 (a) Licensees whose license numbers end in: registrations expire on the last day of the twenty-fourth 18 (i) an even number and expire between July 1, 1992, month. The registration and licensing of every license must 19 and December 31, 1992, shall obtain a biennial registration; be renewed biennially upon application by the holder and by 20 (ii) an even number and expire between January 1, payment of fees required by law to take effect on the first 21 1993, and June 30, 1993, shall reregister their licenses for day of the month following the expiration of the registration 22 one year. At the end of that time they shall reregister and licensing to be renewed. This section does not prevent 23 their license for two years and biennially after that time; the Secretary of State's Office from refusing to issue a 24 (iii) an odd number and expire between July 1, 1992, license. 25 and December 31, 1992, shall register their licenses for one 26 year. At the end of that time they shall register their Section 35-1-485. (A) Licenses required by Chapter 1 of 27 license for two years and biennially after that time; Title 35 to be registered biennially must be assigned 28 (iv) an odd number and expire between January 1, 1993, registration periods as provided in this section. 29 and June 30, 1993, shall obtain a biennial registration; (1) Upon the first reregistration of the licenses by the 30 (v) `A' through `L' and expire between July 1, 1992, South Carolina Secretary of State's Office after the 31 and June 30, 1993, shall obtain a biennial registration; effective date of the implementation of biennial licensure, 32 (vi) `M' through `Z' and expire between July 1, 1992, a biennial registration period must be implemented as 33 and June 30, 1993, shall obtain a one-year registration and follows: 34 obtain a biennial registration after that time. (a) Licensees whose license numbers end in: 35 (b) Licenses issued in South Carolina for the first (i) an even number and expire between July 1, 1992, 36 time between: and December 31, 1992, shall obtain a biennial registration; 37 (i) July 1, 1992, and December 31, 1992, which end in (ii) an even number and expire between January 1, 38 an even number must be issued biennially; 1993, and June 30, 1993, shall reregister their license for 39 (ii) July 1, 1992, and December 31, 1992, which end in one year. At the end of this time they shall reregister 40 an odd number must be issued for one year. At the end of their license for two years and biennially after that time; 41 that time the license must be renewed for two years and (iii) an odd number and expire between July 1, 1992, 42 biennially after that time; and December 31, 1992, shall register their licenses for one 43 (iii) January 1, 1993, and June 30, 1993, which end in year. At the end of that time they shall register their 44 an even number must be issued for one year. At the end of license for two years and biennially after that time;
PART II PAGE 765 1 (iv) an odd number and expire between January 1, 1993, Section 39-57-55. (A) Licenses required by Chapter 57 of 2 and June 30, 1993, shall obtain a biennial registration; Title 39 to be registered biennially must be assigned 3 (v) `A' through `L' and expire between July 1, 1992, registration periods as provided in this section. 4 and June 30, 1993, shall obtain a biennial registration; (1) Upon the first reregistration of the licenses by the 5 (vi) `M' through `Z' and expire between July 1, 1992, South Carolina Secretary of State's Office after the 6 and June 30, 1993, shall obtain a one-year registration and effective date of biennial licensure, a biennial registration 7 a biennial registration after that time. period must be implemented as follows: 8 (b) Licenses issued in South Carolina for the first (a) Licensees whose license numbers end in: 9 time between: (i) an even number and expire between July 1, 1992, 10 (i) July 1, 1992, and December 31, 1992, which end in and December 31, 1992, shall obtain a biennial registration; 11 an even number must be issued biennially; (ii) an even number and expire between January 1, 12 (ii) July 1, 1992, and December 31, 1992, which end in 1993, and June 30, 1993, shall reregister their licenses for 13 an odd number must be issued for one year. At the end of one year. At the end of that time they shall reregister 14 this time the license must be renewed for two years and their license for two years and biennially after that time; 15 biennially after that time; (iii) an odd number and expire between July 1, 1992, 16 (iii) January 1, 1993, and June 30, 1993, which end in and December 31, 1992, shall register their licenses for one 17 an even number must be issued for one year. At the end of year. At the end of that time they shall register their 18 that time the license must be renewed for two years and license for two years and biennially after that time; 19 biennially after that time; (iv) an odd number and expire between January 1, 1993, 20 (iv) January 1, 1993, and June 30, 1993, which end in and June 30, 1993, shall obtain a biennial registration; 21 an odd number must be issued biennially; (v) `A' through `L' and expire between July 1, 1992, 22 (v) July 1, 1992, and June 30, 1993, and are issued and June 30, 1993, shall obtain a biennial registration; 23 license numbers which end in `A' through `L' shall obtain a (vi) `M' through `Z' and expire between July 1, 1992, 24 biennial registration; and June 30, 1993, shall obtain a one year registration and 25 (vi) July 1, 1992, and June 30, 1993, and which end in obtain a biennial registration after that time. 26 `M' through `Z' must be issued for one year and renewed (b) Licenses issued in South Carolina for the first 27 biennially after that time. time between: 28 (2) Registrations are valid until the last day of the (i) July 1, 1992, and December 31, 1992, which end in 29 month in which the registration expires. The license fees an even number must be issued for a biennial registration 30 charged during the conversion process must be prorated for period; 31 the length of the license issued. (ii) between July 1, 1992, and December 31, 1992, 32 (B) After June 30, 1993, all licensees must be registered which end in an odd number must be issued for one year. At 33 and licensed for twenty-four consecutive months, and the end of that time the license must be renewed for two 34 registrations expire on the last day of the twenty-fourth years and biennially after that time; 35 month. The registration and licensing of every licensee must (iii) January 1, 1993, and June 30, 1993, which end in 36 be renewed biennially upon application by the holder and by an even number must be issued for one year. At the end of 37 payment of fees required by law to take effect on the first that time the license must be renewed for two years and 38 day of the month following the expiration of the registration biennially after that time; 39 and licensing to be renewed. This section does not prevent (iv) January 1, 1993, and June 30, 1993, which end in 40 the Secretary of State's Office from refusing to issue a an odd number must be issued biennially; 41 license. (v) July 1, 1992, and June 30, 1993, and issued 42 license numbers which end in `A' through `L' must be issued 43 biennially;
PART II PAGE 766 1 (vi) between July 1, 1992, and June 30, 1993, and (b) Licenses issued in South Carolina for the first 2 which end in `M' through `Z' must be issued for one year and time between: 3 renewed biennially after that time. (i) July 1, 1992, and December 31, 1992, which end in 4 (2) Registrations are valid until the last day of the an even number must be issued biennially; 5 month in which the registration expires. The license fees (ii) July 1, 1992, and December 31, 1992, which end in 6 charged during the conversion process must be prorated for an odd number must be issued for one year. At the end of 7 the length of the license issued. that time the license must be renewed for two years and 8 (B) After June 30, 1993, licensees must be registered and biennially after that time; 9 licensed for twenty-four consecutive months, and the (iii) January 1, 1993, and June 30, 1993, which end in 10 registrations expire on the last day of the twenty-fourth an even number must be issued for one year. At the end of 11 month. The registration and licensing of every licensee must that time the license must be renewed for two years and 12 be renewed biennially upon application by the holder and by biennially after that time; 13 payment of fees required by law to take effect on the first (iv) January 1, 1993, and June 30, 1993, which end in 14 day of the month following the expiration of the registration an odd number must be issued biennially; 15 and licensing to be renewed. This section does not prevent (v) July 1, 1992, and June 30, 1993, and issued 16 the Secretary of State's Office from refusing to issue a license numbers which end in `A' through `L' must be issued 17 license. biennially; 18 (vi) July 1, 1992, and June 30, 1993, and which end in 19 Section 41-25-35. (A)Licenses required by this chapter to `M' through `Z' must be issued for one year and renewed 20 be registered biennially must be assigned registration biennially after that time. 21 periods as provided in this section. (2) Registrations are valid until the last day of the 22 (1) Upon the first reregistration of the licenses by the month in which the registration expires. The license fees 23 South Carolina Secretary of State's Office after the charged during the conversion process must be prorated for 24 effective date of biennial licensure, a biennial registration the length of the license issued. 25 period must be implemented as follows: (B) After June 30, 1993, all licensees must be registered 26 (a) Licenses whose license numbers end in: and licensed for twenty-four consecutive months, and the 27 (i) an even number and expire between July 1, 1992, registrations expire on the last day of the twenty-fourth 28 and December 31, 1992, shall obtain a biennial registration; month. The registration and licensing of every licensee must 29 (ii) an even number and expire between January 1, be renewed biennially upon application by the holder and by 30 1993, and June 30, 1993, shall reregister their licenses for payment of fees required by law to take effect on the first 31 one year. At the end of that time they shall reregister day of the month following the expiration of the registration 32 their license for two years and biennially; and licensing to be renewed. This section does not prevent 33 (iii) an odd number and expire between July 1, 1992, the Secretary of State's Office from refusing to issue a 34 and December 31, 1992, shall register their licenses for one license." 35 year. At the end of that time they shall register their 36 license for two years and biennially; B. Section 33-55-40 of the 1976 Code is amended to read: 37 (iv) an odd number and expire between January 1, 1993, 38 and June 30, 1993, shall obtain a biennial registration; "Section 33-55-40. (A) Every charitable organization, 39 (v) `A' through `L' and expire between July 1, 1992, except as otherwise provided in this chapter, which intends 40 and June 30, 1993, shall obtain a biennial registration; to solicit contributions within this State, or have funds 41 (vi) `M' through `Z' and expire between July 1, 1992, solicited on its behalf, shall, prior to any before 42 and June 30, 1993, shall obtain a one-year registration and solicitation, shall file a registration statement with the 43 obtain a biennial registration after that time; Secretary of State upon forms prescribed by the commission 44 which shall be good is effective for one full year two years
PART II PAGE 767 1 and which shall must be refiled in the next and each organization, shall report the information required to its 2 following year in every two years during which such the parent organization which shall then furnish such the 3 charitable organization is engaged in solicitation information as to its state affiliates, chapters, and 4 activities. It shall be the duty of The president, branches in a consolidated form to the Secretary or his 5 chairman, or principal officer of such the charitable designee. An independent member agency of a federated 6 organization to shall file the statements required under this fund-raising organization, as hereinbefore defined in this 7 chapter. Such The statements shall must be sworn to and chapter, shall comply with the provisions of this chapter 8 shall contain the following information: independently, unless specifically exempted from doing so. 9 (1) The name of the organization and the purpose for (C) The registration forms and any other documents 10 which it was organized.; prescribed by the Secretary of State shall must be signed by 11 (2) The principal address of the organization and the the chief executive officer and by the treasurer of the 12 address of any offices in this State. If the organization charitable organization and shall must be certified to be 13 does not maintain an office, the statements must contain the true. 14 name and address of the person having custody of its (D) Every charitable organization which submits an 15 financial records.; independent registration to the department shall pay an 16 (3) The names and addresses of any the chapters, annual a biennial registration fee of fifty one hundred 17 branches, or affiliates in this State.; dollars;. A parent organization filing on behalf of one or 18 (4) The place where and the date when the organization more chapters, branches, or affiliates, and a federated 19 was legally was established, the form of its organization, fund-raising organization filing on behalf of its member 20 and a reference to any the determination of its tax-exempt agencies shall pay a single annual biennial registration fee 21 status under the Internal Revenue Code.; for itself and such the chapters, branches, affiliates or 22 (5) The names and addresses of the officers, directors, member agencies included in the registration statement." 23 trustees, and the principal salaried executive staff 24 officer.; C. Section 35-1-430 of the 1976 Code is amended to read: 25 (6) whether the organization intends to solicit 26 contributions from the public directly or have such "Section 35-1-430. Every registration expires one year two 27 solicitation done on its behalf by others.; years from its effective date unless renewed. The Securities 28 (7) whether it is certified as a tax-exempt Commissioner by rule regulation or order may prepare an 29 organization and it is authorized by any other a governmental initial schedule for registration renewals so that subsequent 30 authority in this State to solicit contributions and whether renewals of registrations effective on June 14, 1961, may be 31 it is or has ever been enjoined by any a court of this State staggered by calendar months. For this purpose the 32 from soliciting contributions.; Securities Commissioner by rule regulation may reduce the 33 (8) The general purpose for which the solicited registration fee proportionately." 34 contributions are to be solicited shall be used.; 35 (9) The name under which it intends to solicit D. Section 35-1-480 of the 1976 Code, as last amended by 36 contributions.; Section 19, Part II, Act 612 of 1990, is further amended to 37 (10) The names of the individuals or officers of the read: 38 organization who will have final responsibility for the 39 custody of the contributions.; "Section 35-1-480. (A) Every applicant for initial or 40 (11) The names of the individuals or officers of the renewal registration shall pay the following filing fees: 41 organization responsible for the final distribution of the (1) broker-dealer:$200.00 four hundred dollars; 42 contributions. (2) agent: $50.00 one hundred dollars; 43 (B) Each chapter, branch, or affiliate, except an (3) investment advisor: $200.00 four hundred dollars; 44 independent member agency of a federated fund-raising
PART II PAGE 768 1 (4) investment advisor representative: $50.00 one hundred (B) An application for license must be made to the 2 dollars; Secretary for each location. If the agency is owned by: 3 (B) When the application is denied or withdrawn, the (1) an individual, the application must be made by him; 4 filing fee must not be refunded." if it is owned by 5 (2) a partnership, the application must be made by all 6 E. Section 39-57-50 of the 1976 Code, as last amended by Act of the partners; if it is owned by 7 604 of 1988, is further amended to read: (3) a corporation, an association, or a society, the 8 application must be made by the president, vice-president, 9 "Section 39-57-50. (A)The seller of every business secretary, and treasurer, and by any a person owning twenty 10 opportunity shall file with the Secretary of State a copy of percent or more of the stock. 11 the disclosure statement required by Section 39-57-30 before (C) Each application must be written and in such a form 12 placing any an advertisement or making any other as may be prescribed by the Secretary and shall state must 13 representations to prospective purchasers in this State and contain: 14 shall update this filing as any a material change in the (1) the name and address of the applicant; 15 required information occurs, but no less than annually (2) the name under which the agency is to be conducted; 16 biennially. If the seller is required by Section 39-57-40 to (3) the street and number of the building or place where 17 provide a bond or establish a trust account, he the business is to be conducted; 18 contemporaneously shall file with the Secretary of State a (4) the business or occupations engaged in by the 19 copy of the bond or a copy of the formal notification by the applicant previously; 20 depository that the trust account is established. The (5) whether the applicant has previously held or applied, 21 Secretary of State shall charge a nonrefundable filing fee of whether granted or denied, for a private personnel placement 22 fifty one hundred dollars for processing and maintaining the service license anywhere within the United States, or its 23 information filed by the seller. possessions or territories; 24 (B) The Secretary of State shall maintain a record of all (6) the name and address of the individual who will 25 sellers registering under this chapter and shall assign a actually will direct and operate the placement activities; 26 registration number to each. The seller must be advised in and 27 writing of the assigned registration number, and any (7) the name and present address of the last employer of 28 advertisements, pamphlets, or brochures used in the promotion the individual; 29 of the business opportunity by the seller must include the (8) a verification from a newspaper of the greatest 30 assigned registration number in the following manner: `S.S. circulation in the county of the applicant's location that a 31 Reg. No. ____.' public notification containing the information required in 32 (C) Any A person who fails to file is guilty of a the application has been included in the newspaper on at 33 misdemeanor and, upon conviction, must be fined in an amount least one occasion prior to before the filing; and 34 not to exceed more than two hundred dollars or imprisoned for (9) a certification by a duly licensed member of the 35 not more than thirty days. Each day in which a person fails South Carolina Bar that all requirements of the laws of the 36 to file constitutes a separate offense." State of South Carolina have been met. 37 (D) The application must be accompanied by an application 38 F. Section 41-25-30 of the 1976 Code, as last amended by Act fee in the amount of two hundred dollars and a license fee of 39 147 of 1989, is further amended to read: fifty one hundred dollars and verification of a surety bond 40 in the amount of three thousand dollars or other security in 41 "Section 41-25-30. (A)No person or firm shall may engage an amount equal to twenty-five thousand dollars, in a form 42 in the private personnel placement service business in South approved by the Attorney General and deposited with the 43 Carolina unless the person or firm has a current license for Secretary. The Secretary shall issue a license after a 44 the business as provided in this chapter. thirty-day waiting period days following receipt of the
PART II PAGE 769 1 application unless there is a reason for the Secretary to the service in the newspaper of the greatest circulation in 2 believe on the basis of a complaint and investigation that the county in which it is located. 3 the applicant is not in compliance with the provisions of (H) If a written complaint by any a person to the 4 this chapter. The application for a license must be denied Secretary reveals that a licensee or firm is not in 5 and the license fee refunded if the Secretary determines that compliance with the provisions of Section 41-25-30, the 6 the applicant is not in compliance. The application fee may Secretary shall notify the licensee or firm of the alleged 7 must not be refunded. violation in writing and allow thirty days from the date of 8 (E) The aggregate liability of the surety for all breaches notice for response to and compliance to the provisions of 9 of the bond may not exceed the sum of the bond. The surety with this chapter. If no response is received within thirty 10 on the bond shall have the right to may cancel the bond upon days, the Secretary shall investigate the alleged violation, 11 giving thirty days written notice to the Secretary and the and if the licensee or firm is found to be in violation of 12 Private Personnel Placement Service and thereafter is the provisions of this chapter, deny or revoke that license. 13 relieved of liability for any a breach of condition occurring (I) All claims or suits brought against any a licensee may 14 after the effective date of the cancellation. Failure to be brought in the name of the person damaged upon the bond 15 maintain a surety bond in force or have other security filed deposited with the Secretary and may be transferred and 16 with the Secretary equal to of twenty-five thousand dollars assigned as other claims for damages in civil suits. The 17 constitutes disqualification for retaining a license. The amount of damages claimed by the plaintiff, and not the 18 Secretary shall allow ten working days after notification to penalty designated in the bond, shall determine determines 19 the licensee for requalification before revoking that the jurisdiction of the court in which the action is brought. 20 license. The business may not operate until proof of surety If a licensee has departed from the State with intent to 21 bond, or other security equal to of twenty-five thousand defraud his creditors or to avoid the service of a summons in 22 dollars, has been established with the Secretary. an action brought under this section, service must be made 23 (F) All Licenses are issued for a period of one year two upon the surety. A copy of the summons must be mailed to the 24 years beginning January first through December thirty-first last known post office address of the residence of the 25 twenty-four months later unless turned in or revoked by the licensee as shown by the records of the Secretary. The 26 Secretary. All Licenses must be renewed annually biennially. service must be is deemed to be made when not less than the 27 (G) The Secretary shall mail annual license renewal forms number of days shall have has intervened between the date of 28 to the last known address of each licensee by November first. service and the return of the same as provided by law. 29 If license renewal forms are not received by any a licensee (J) No license may be granted to conduct a private 30 for any cause, then that the licensee must shall request a personnel placement service in a residence or rooms used for 31 license renewal form from the Secretary's office. Every living purposes or, where boarders or lodgers are kept, or 32 licensee shall file an annual a biennial license renewal in where meals are served, or where persons sleep, or, in 33 a form and manner suitable to the Secretary postmarked not connection with a building or premises, where intoxicating 34 later than the last day of December. The renewal form must liquors are sold to be consumed on premises, except cafes and 35 be accompanied by a renewal fee of fifty one hundred dollars. restaurants in office buildings. 36 If license renewal forms are not received by the Secretary's (K) No license may be issued if the applicant has had a 37 office the first week of January, the Secretary shall notify previous application which was denied or a license which has 38 the licensee in writing that the licensee must shall pay a been revoked anywhere within the United States, or its 39 fifty one hundred dollar late penalty and that the licensee possessions, or territories. No person shall may own, either 40 has thirty days from the date of notice for that licensee to wholly or in part, nor manage a private personnel placement 41 comply with licensing requirements. If compliance is not met service who has previously has been denied or had revoked his 42 within the specified time, the Secretary shall deny license license to operate a private personnel placement service 43 renewal, return the license fee, and notify that business to anywhere within the United States, or its possessions, or 44 cease operation and make public notification of closure of territories. The Secretary, depending upon the seriousness
PART II PAGE 770 1 of the offense causing the denial or revocation of the AND DELETE THE PROVISIONS FOR A SIX-MONTH LICENSE; TO AMEND 2 license, may, after a suitable period of three months to one SECTION 12-31-220, AS AMENDED, RELATING TO TEMPORARY PERMITS 3 year, may allow the person, upon full compliance, to reapply FOR MOTOR CARRIERS, AND SECTION 12-31-250, AS AMENDED, 4 for a license. RELATING TO REGISTRATION CARDS, MARKERS, AND FEES FOR MOTOR 5 (L) If a licensee relocates its offices prior to the CARRIERS, SO AS TO REVISE THE REGISTRATION PERIOD AND FEES 6 before filing of the annual renewal notice, that licensee he AND CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL; AND TO AMEND 7 shall submit a written notice of the change of address to the SECTION 3 C(2), PART II, ACT 170 OF 1987, RELATING TO 8 Secretary containing a notarized statement that the new COIN-OPERATED LICENSE RENEWALS AND PURCHASES, SO AS TO REVISE 9 location conforms to licensing requirements. THE LICENSING PERIOD. 10 (M) If a licensee ceases to operate or goes out of 11 business, that licensee he shall notify the Secretary in A. The 1976 Code is amended by adding: 12 writing of such the action and shall return the license to 13 the Secretary. "Section 12-21-2719. (A) Beginning July 1, 1992, the Tax 14 (N) If a business is sold to a new owner, the previous Commission shall begin converting all coin-operated device 15 owner will shall notify the Secretary in writing of such the licenses required by statute or regulation to be issued 16 action and shall return the license to the Secretary and annually by the commission to a biennial licensing period. 17 state to whom the business is being sold. That business may The commission shall convert its annual licensing activity to 18 not operate until the new owner has obtained a new license. a biennial system as provided in this subsection. Licenses 19 (O) Private Personnel Placement Services licenses are which end in an: 20 nontransferable absolutely and unconditionally (1) even number and expire between: 21 nontransferable." (a) July 1, 1992, and December 31, 1992, and for which 22 an application for renewal is received by the commission must 23 G. This section takes effect July 1, 1992. be renewed for two years; 24 (b) January 1, 1993, and June 30, 1993, and for which 25 an application for renewal is received by the commission must 26 SECTION 10 be renewed for one year. At the end of that time the 27 licensees shall apply for a two-year license; 28 TO AMEND THE 1976 CODE BY ADDING SECTION 12-21-2719 SO AS TO (2) odd number and expire between: 29 REQUIRE THE TAX COMMISSION TO CONVERT COIN-OPERATED DEVICE (a) July 1, 1992, and December 31, 1992, and for which 30 LICENSES TO A BIENNIAL LICENSING PERIOD AND SECTION 12-31-205 an application for renewal is received by the commission must 31 SO AS TO REQUIRE THE TAX COMMISSION TO CONVERT MOTOR CARRIER be renewed for one year. At the end of that time the 32 FUEL PERMIT LICENSES TO A BIENNIAL LICENSING PERIOD; TO AMEND licensees shall apply for a two-year license; 33 SECTION 12-21-2720, AS AMENDED, RELATING TO THE LICENSE TAX (b) January 1, 1993, and June 30, 1993, and for which 34 ON COIN-OPERATED DEVICES OR MACHINES, SO AS TO REVISE THE an application for renewal is received by the commission must 35 LICENSING PERIOD AND TAX; TO AMEND SECTION 12-21-2722, be renewed for two years. 36 RELATING TO TEMPORARY LICENSES FOR COIN-OPERATED DEVICES, SO (B) The commission shall charge one-half of the biennial 37 AS TO REVISE THE LICENSING PERIOD AND CHANGE THE REFERENCE TO license fee for one-year licenses issued during the 38 ANNUAL TO BIENNIAL; TO AMEND SECTION 12-21-2728, RELATING TO conversion process. After June 30, 1993, all coin-operated 39 AN OPERATOR'S LICENSE FOR COIN-OPERATED DEVICES, AND SECTION device licenses, except temporary licenses must be issued by 40 12-21-2730, RELATING TO AN OPERATOR'S LICENSE FOR CERTAIN the commission for two years. This section does not prevent 41 GAME TABLES, SO AS TO PROVIDE FOR BIENNIAL LICENSING AND the commission from refusing to issue a license. 42 REVISE THE LICENSE TAX; TO AMEND SECTION 12-21-2734, AS 43 AMENDED, RELATING TO LICENSES TO ENGAGE IN THE BUSINESS OF Section 12-31-205. (A) Beginning July 1, 1992, the Tax 44 COIN-OPERATED DEVICES, SO AS TO REVISE THE LICENSING PERIOD Commission shall begin converting all motor carrier fuel
PART II PAGE 771 1 permit licenses required by statute or regulation to be of value, and the machine is of the nonpayout pin table type 2 issued annually by the commission to a biennial licensing with levers or `flippers' operated by the player by which the 3 period. The commission shall convert its annual licensing course of the balls can may be altered or changed.; 4 activity to a biennial system as follows: (3) Any a machine of the nonpayout type, in-line pin 5 (1) July 1, 1992, to June 30, 1993: Applicants for motor game, or video game with free play feature operated by a slot 6 carrier fuel permits whose name begins with `A' through `L' wherein in which is deposited any a coin or thing of value 7 shall receive a two-year permit. except machines of the nonpayout pin table type with levers 8 (2) July 1, 1992, to June 30, 1993: Applicants for motor or `flippers' operated by the player by which the course of 9 carrier fuel permits whose name begins with `M' through `Z' the balls can may be altered or changed. 10 shall receive a one-year permit. (B) Municipalities may increase the amount charged as 11 (B) The commission shall charge one-half of the biennial license for the operation of the machines over the maximum 12 license fee for one-year licenses issued during the amounts allowed before March 28, 1956, by a sum not to exceed 13 conversion process. After June 30, 1993, all motor carrier more than twenty percent. No municipality may limit the 14 fuel permit licenses, except temporary licenses, must be number of machines within the boundaries of the 15 issued by the commission for two years. This section does municipality." 16 not prevent the commission from refusing to issue a permit." 17 C. Section 12-21-2722 of the 1976 Code is amended to read: 18 B. Section 12-21-2720 of the 1976 Code, as last amended by 19 Section 14, Part II, Act 171 of 1991, is further amended to "Section 12-21-2722. In lieu of the license required under 20 read: Sections 12-21-2720, 12-21-2728, and 12-21-2730 the 21 commission may issue a temporary license to those persons 22 "Section 12-21-2720. (A)Every person who maintains for use making application to operate machines defined in Sections 23 or permits the use of, on any a place or premises occupied by 12-21-2720 and 12-21-2730 at a recognized county or state 24 him, any one or more of the following machines or devices fair. The temporary license provided under this section is 25 described below shall apply for and procure from the South the total amount of license fees required on all machines for 26 Carolina Tax Commission a license effective for two years for which application is made, based upon one-twelfth 27 the privilege of making use of every such the machine in one-twenty-fourth of the annual biennial license required 28 South Carolina and shall pay for the license a tax of under Sections 12-21-2720, 12-21-2728, and 12-21-2730. The 29 twenty-five fifty dollars for each machine described in item license is valid for the specific location designated on the 30 (1) of this section, one two hundred dollars for each machine license and the number of machines for which application was 31 described in item (2) of this section, and one three thousand made and expires when the designated fair officially ends." 32 five hundred dollars for each machine described in item (3) 33 of this section.: D. Section 12-21-2728 of the 1976 Code is amended to read: 34 (1) Any a machine for the playing of music or kiddy rides 35 operated by a slot or mechanical amusement devices and juke "Section 12-21-2728. (A) In addition to all other licenses 36 boxes wherein in which is deposited any a coin or thing of required by this chapter, any a person who owns or operates 37 value. Batting machines on which an admissions tax is devices described in Sections 12-21-2720 and 12-21-2730 must 38 imposed are exempt from the provisions of this item.; shall obtain an operator's license in the amount biennially 39 (2) Any a machine for the playing of amusements or video as follows: 40 games, without free play feature, or machines of the crane (a) twenty-five (1)fifty dollars for devices described in 41 type operated by a slot wherein in which is deposited any a Section Sections 12-21-2720, item(A)(1), and Section 42 coin or thing of value, and any a machine for the playing of 12-21-2730; 43 games or amusements, which has a free play feature, operated (b) one (2)two hundred dollars for devices described in 44 by a slot wherein in which is deposited any a coin or thing Section 12-21-2720, item(A)(2);
PART II PAGE 772 1 (c) one (3)two thousand dollars for devices described in (C)(B) Beginning July 1, 1988 1992, if any a license 2 Section 12-21-2720, item(A)(3). required in subsection (A) is purchased after June first, the 3 (B) Only one license is required regardless of the number license fee must be prorated on a monthly basis. Failure to 4 or type of devices owned or operated, and the cost of that obtain or renew a license as required by this article makes 5 license must be is the highest fee enumerated in this section the person liable for the penalties imposed in this article." 6 for any a device so owned or operated. 7 (C) The licenses provided by this section are subject to G. Section 12-31-220 of the 1976 Code, as last amended by 8 the provisions of Section 12-21-2734. and Section 22 F, Part II, Act 171 of 1991, is further amended to 9 The licenses required by this section are a condition read: 10 precedent to engaging in or the continuing operation of 11 machines described in this chapter. Failure to remit any "Section 12-31-220. (A) Any A motor carrier having 12 taxes to the State is justification for the cancellation of infrequent trips into and through the State may obtain a 13 the license provided herein in this section." temporary permit which shall be good for one motor vehicle 14 for a period of ten consecutive days beginning and ending on 15 E. Section 12-21-2730 of the 1976 Code is amended to read: the dates specified on the face of the permit. The fee for 16 the permit shall be is fifteen dollars, and no reports shall 17 "Section 12-21-2730. Every person owning or operating any be are required of such the motor carriers. Temporary 18 a billiard or pocket billiard table, footsball table, bowling permits shall be may be issued in lieu of annual biennial 19 lane table, or skeeball table for profit shall apply for and registration required under this chapter and highway use 20 procure from the commission a license for the privilege of taxes incurred during this period. The temporary permit 21 operating the table and pay for the license a biennial tax of shall must be carried in the vehicle for which it was issued 22 twenty-five fifty dollars for each table owned or operated. at all times when the vehicle is in this State. The 23 The license provided in this section must be issued and is commission may issue a temporary permit by facsimile message, 24 valid in accordance with Section 12-21-2734." letter, or telegram. 25 (B) The commission may engage any a person to sell and 26 F. Section 12-21-2734 of the 1976 Code, as last amended by issue the temporary permits provided the person if he 27 Section 3C(1), Part II, Act 170 of 1987, is further amended purchases such the permits from the commission. No person 28 to read: shall be allowed to may sell and issue the permits unless the 29 permits are available to the public on a twenty-four hour 30 "Section 12-21-2734. (A) Beginning July 1, 1988, every basis. 31 person subject to payment of tax under this article shall, in (C) The commission shall promulgate the necessary 32 advance, on or before the first day of June of each year regulations for the proper administration of this section. 33 every two years or before doing any an act taxable under the (D) The permit fee provided by this section is distributed 34 provisions of this article, shall apply for and obtain from as follows: 35 the commission a state biennial license for the privilege of (a)(1)four-fifths to the State Highway Fund; and 36 engaging in the business and shall pay the tax levied for it. (b)(2)one fifth is deposited to the credit of the 37 All licenses expire May thirty-first of the second year of general fund of the State." 38 which the license is valid following the date of issue. 39 (B) Beginning April 1, 1988, as an alternative to the H. Section 12-31-250 of the 1976 Code, as last amended by 40 license required in subsection (A) of this section, a person Section 22 G, Part II, Act 171 of 1991, is further amended to 41 may be granted a nonrefundable license beginning April first read: 42 and to expire September thirtieth, following the date of 43 issue, which may not be prorated. The fee for this six-month "Section 12-31-250. (A) A motor carrier operating motor 44 license is one-half of the annual license fee. vehicles in this State shall apply to the South Carolina Tax
PART II PAGE 773 1 Commission annually biennially for a registration card and AND SECTION 38-43-70, RELATING TO NONRESIDENT INSURANCE 2 identification marker for each power unit it operates in this AGENTS, OFFICERS, AND EMPLOYEES, SO AS TO CHANGE THE 3 State. For issuing each registration card and identification REFERENCES TO ANNUAL TO BIENNIAL; TO AMEND SECTION 38-43-80, 4 marker, a fee of four eight dollars must be paid to the Tax RELATING TO LICENSE FEES FOR INSURANCE AGENTS, SO AS TO 5 commission at the time of making the upon application. Any CHANGE THE REFERENCE TO ANNUAL TO BIENNIAL, REVISE THE FEES, 6 A person violating the provisions of this section, upon AND DELETE THE AUTHORIZATION FOR SEMIANNUAL LICENSES; TO 7 conviction, must be punished as provided in Section AMEND SECTION 38-43-110, RELATING TO THE DURATION OF AN 8 12-31-630. AGENT'S LICENSE, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO 9 (B) No card or marker may be issued by the Tax commission BIENNIAL; TO AMEND SECTION 38-45-20, AS AMENDED, RELATING TO 10 until after the fee provided in this section is paid. Thirty THE REQUIREMENTS FOR LICENSURE AS AN INSURANCE BROKER, AND 11 percent of the fees provided for by this section must be SECTION 38-45-30, AS AMENDED, RELATING TO THE REQUIREMENTS 12 credited to the State Highway Fund. The remaining portion of FOR LICENSURE OF A NONRESIDENT AS AN INSURANCE BROKER, SO AS 13 the fees must be deposited to the credit of the general fund TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL AND REVISE THE 14 of the State." LICENSE FEES; TO AMEND SECTION 38-45-50, RELATING TO THE 15 DURATION OF A BROKER'S LICENSE AND NONPAYMENT OF THE LICENSE 16 I. Section 3 C(2), Part II, Act 170 of 1987, is amended to FEE, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL; TO 17 read: AMEND SECTION 38-47-30, RELATING TO THE FEE FOR AN INSURANCE 18 ADJUSTER'S LICENSE, SO AS TO REVISE THE FEE; TO AMEND SECTION 19 "(2) All license renewals for Fiscal Year 1987-88 under 38-47-40, RELATING TO THE DURATION OF AN ADJUSTER'S LICENSE 20 the provisions of Article 19, Chapter 21, Title 12 of the AND NONPAYMENT OF THE LICENSE FEE, SO AS TO CHANGE THE 21 1976 Code renewed before July 1, 1987, for Type III machines REFERENCES TO ANNUAL TO BIENNIAL; TO AMEND SECTION 38-49-20, 22 must be renewed at the prevailing rate as of June 30, 1987. RELATING TO LICENSES FOR MOTOR VEHICLE PHYSICAL DAMAGE 23 All licenses for Type III machines purchased after June 30, APPRAISERS, SO AS TO PROVIDE FOR A BIENNIAL LICENSE AND 24 1987, must be purchased at the rate provided for in this REVISE THE LICENSE FEE; AND TO AMEND SECTION 38-49-30, 25 section. All license renewals and purchases under the RELATING TO CANCELLATION OF LICENSES FOR MOTOR VEHICLE 26 provisions of Section 12-21-2734 must be made on the basis of PHYSICAL DAMAGE APPRAISERS, SO AS TO CHANGE THE REFERENCES TO 27 a license year beginning July 1, 1988, and ending May 31, ANNUAL TO BIENNIAL. 28 1989. Licenses purchased after July 1, 1988, and before May 29 31, 1989 must be prorated on an eleven-month basis. After A. The 1976 Code is amended by adding: 30 May 31, 1989, the license year period runs from June first 31 through May thirty-first, twenty-four months later." "Section 38-3-240. (A) Beginning July 1, 1992, the 32 Insurance Commission of South Carolina shall begin converting 33 J. This section takes effect July 1, 1992. all licenses, required by statute or regulation to be issued 34 annually by the commission, to a biennial licensing period. 35 SECTION 11 The commission shall convert its annual licensing activity to 36 a biennial system as provided in this subsection. Licenses 37 TO AMEND THE 1976 CODE BY ADDING SECTION 38-3-240 SO AS TO which end in an: 38 REQUIRE THE INSURANCE COMMISSION TO CONVERT ITS ANNUAL (1) even number and expire between July 1, 1992, and 39 LICENSES TO A BIENNIAL LICENSING PERIOD; TO AMEND SECTION December 31, 1992, and for which an application for renewal 40 38-7-10, RELATING TO THE LICENSE FEES FOR INSURERS, SO AS TO is received by the commission must be renewed for two years; 41 REVISE THE FEES AND THE LICENSING PERIOD AND CHANGE THE (2) odd number and expire between July 1, 1992, and 42 REFERENCES TO ANNUAL TO BIENNIAL; TO AMEND SECTION 38-7-120, December 31, 1992, and for which an application for renewal 43 RELATING TO PAYMENTS AND REFUNDS OF INSURANCE FEES AND TAXES, is received by the commission must be renewed for one year.
PART II PAGE 774 1 At the end of that time the licensees shall apply for a C. Section 38-7-120 of the 1976 Code is amended to read: 2 two-year license; 3 (3) odd number and expire between January 1, 1993, and "Section 38-7-120. (A) As soon as practicable after each 4 June 30, 1993, and for which an application for renewal is tax return or other document is filed, the commissioner, when 5 received by the commission must be renewed for two years; fees and taxes are involved, shall examine the document and 6 (4) even number and expire between January 1, 1993, and compute the fees and taxes due. If the fees and taxes found 7 June 30, 1993, and for which an application for renewal is due are greater than the amount theretofore paid, the excess 8 received by the commission must be renewed for one year. At must be paid to the commissioner within fifteen days after 9 the end of that time the licensees shall apply for a two-year notice of the amount due is mailed by the commissioner. If 10 license. the amount due is not paid within the fifteen-day period, a 11 (B) The commission shall increase licensing fees for penalty of five percent of the amount due may be assessed. 12 two-year licenses proportionately. All one-year licenses (B) If the additional fees and taxes found to be due upon 13 issued during the conversion period cost one-half of the the examination of the document are not paid within fifteen 14 biennial license fee. After June 30, 1993, licenses must be days of notice by the commissioner, interest must be added to 15 issued by the commission for two years. This section does the amount of the deficiency at the rate of five percent for 16 not prevent the commission from refusing to issue a license." each month or fraction of a month from the date the fees or 17 taxes were originally due until the date the deficiency is 18 B. Section 38-7-10 of the 1976 Code is amended to read: paid. The total maximum interest to be charged may not 19 exceed twenty-five percent. 20 "Section 38-7-10. (1)(A)Every insurer, except mutual (C) At any time Up to one year after the date upon which 21 benevolent aid associations and fraternal benefit any an original tax return or other document is required to 22 associations, shall before transacting any business in this be filed, an insurer or other person may file an amended 23 State shall pay a license fee of four eight hundred dollars return to correct errors of overpayment or other errors made 24 to the commissioner and shall thereafter after that initial by the insurer or person in the original return or document. 25 payment pay to the commissioner an annual a biennial license No amended return or document may be filed by any an insurer 26 fee of four eight hundred dollars by March first of each or a person or accepted by the commissioner after the 27 every other year. expiration of the one year period. No tax adjustment, 28 (2)(B) In addition to the license fees required in deduction, or credit may be made or taken by the insurer or 29 subsection (1)(A), the commissioner shall collect from each person, or allowed by the commissioner, on any a return or 30 insurer licensed by him to do business in this State a document filed after the expiration of the one year period 31 license fee of two four hundred dollars for each kind of for errors claimed to have been made by the insurer or other 32 insurance for which the insurer is licensed as listed in person in the original return or document. 33 items (a) through (g) of Section 38-5-30(a) through (g). Each (D) If, upon examination of any an original or amended 34 mutual insurer doing a property business only in no more than return or document, it appears to the commissioner that the 35 three counties shall pay an annual a biennial fixed license amount of fees or taxes due is less than the amount 36 fee of fifty one hundred dollars and each mutual insurer theretofore paid, the excess must be ordered refunded by the 37 doing a property business only in a single county shall pay commissioner. No refunds may be made with respect to any 38 an annual a biennial fixed license fee of twenty forty monies which are distributable to a governmental unit after 39 dollars. The license fees required in this subsection must be the distribution has been made. 40 paid to the commissioner before the insurer transacts any (E) The provisions of This section do does not apply to 41 business in this State and shall thereafter after that the continuation of annual biennial license fees for 42 initial payment must be paid annually biennially to the agencies, brokers, appraisers, or adjusters." 43 commissioner by March first of each year every two years. 44 D. Section 38-43-70 of the 1976 Code is amended to read:
PART II PAGE 775 1 "Section 38-43-70. (A)A nonresident of the State may must "Section 38-43-80. (A) The following annual biennial fees 2 not be licensed as an agent to do business in this State, are applicable to an agent's license: 3 except that the commissioner may enter into reciprocal (1) each local agent, twenty: forty dollars; 4 agreements with the insurance commissioners of other states (2) each state, special, or general agent, fifty: one 5 in regard to licensing of nonresident agents if in his hundred dollars; 6 judgment such the arrangements or agreements are in the best (3) each agency, twenty: forty dollars, except that. 7 interest of the State and if the applicant for the license However, the fee applicable to an agent of a common carrier 8 meets the minimum statutory requirements of this State for who sells only transportation ticket policies on accident and 9 the issuance of the license. However, the commissioner may health insurance or baggage insurance on personal effects is 10 not enter into or continue any a reciprocal agreement unless ten twenty dollars. 11 the other state is just as liberal as this State in licensing (B) The fees must be paid in advance. License fees for 12 nonresident agents. local, state, or special agents must be paid by the insurer 13 (B) The commissioner may issue nonresident licenses to for whom the agent proposes to act or by which the proposed 14 agents residing in a community comprised of two or more agent is vouched for in the application for license. The 15 incorporated cities municipalities located partly within and Commissioner may issue semiannual licenses." 16 partly without the State, or residing within twelve miles of 17 the city municipal limits of such cities the municipalities, F. Section 38-43-110 of the 1976 Code is amended to read: 18 and permit such the agents to write insurance in the State on 19 the same basis as a resident licensed agent if the laws of "Section 38-43-110. An agent's license is for an 20 the adjacent state are just as liberal in the licensing of indefinite term unless revoked, suspended, or terminated. If 21 residents of this State. All business so written is the annual biennial license fee for an agent is not paid at 22 considered to have been transacted in accordance with the the time and in the manner the commissioner provides by 23 requirements of Section 38-43-60. regulation, the license must be canceled. If the license is 24 (C) A nonresident of this State who is a regular salaried to be reinstated, an original application must be filed and 25 officer or employee of a licensed insurer, except an insurer a reinstatement fee equal to the annual biennial license fee 26 licensed to transact life or life and accident and health unpaid must be paid in addition to the regular annual 27 insurance, and who travels for his insurer in this State is biennial license fee." 28 not required to be licensed so long as all of the following 29 apply: G. Section 38-45-20 of the 1976 Code, as last amended by Act 30 (1) He has duties other than soliciting insurance;. 379 of 1990, is further amended to read: 31 (2) any Policies of insurance written by him are 32 countersigned by a licensed insurance agent who is a bona Section 38-45-20. A resident may be licensed as an 33 fide resident of this State;. insurance broker by the commissioner if the following 34 (3) He receives no commission or other compensation requirements are met:(1)licensure of the resident has been a 35 directly dependent upon the amount of business obtained; and. licensed as an insurance agent for the same lines of 36 (4) His insurer-employer annually biennially registers insurance for which he proposes to apply as a broker of this 37 with the department his name, business address, residence State for at least two years; 38 address, description of duties to be performed, and any other (2) the payment of an annual a biennial license fee of one 39 information required by the commissioner to be contained in two hundred dollars which is fully earned fully when 40 the registration." received, not refundable; 41 (3) the filing of a bond with the commissioner in a form 42 E. Section 38-43-80 of the 1976 Code is amended to read: approved by the Attorney General in favor of the State of 43 South Carolina in the sum of ten thousand dollars which has 44 been executed by a corporate surety licensed to transact
PART II PAGE 776 1 surety insurance in this State and personally countersigned (2) filing an affidavit stating that he will not during 2 by a licensed resident agent of the surety. The bond must be the period of the license place, directly or indirectly, 3 conditioned to pay a person insured or seeking insurance insurance on a risk located in this State except through 4 through the broker who sustains loss as a result of: licensed agents of insurers licensed to do business in this 5 (a) the broker's violation of or failure to comply with State; 6 any an insurance law or regulation of this State; (3) filing an affidavit stating that he is a licensed 7 (b) the broker's failure to transmit properly a payment broker in another state; 8 received by him, cash or credit, for transmission to an (4) the payment of an annual paying a biennial license fee 9 insurer or an insured; or of one two hundred dollars which is fully earned when 10 (c) an act of fraud committed by the broker in connection received, not refundable; 11 with an insurance transaction. In lieu of a bond, the broker (5) the filing of a bond with the commissioner in a form 12 may file with the commissioner certificates of deposit in the approved by the Attorney General in favor of the State of 13 sum of ten thousand dollars of building and loan associations South Carolina in the sum of ten thousand dollars which has 14 or federal savings and loan associations located within the been executed by a corporate surety licensed to transact 15 State in which deposits are guaranteed by the Federal Savings surety insurance in this State and personally countersigned 16 and Loan Insurance Corporation, not to exceed the amount of by a licensed resident agent of the surety. The bond must be 17 insurance, or of banks located within the State in which conditioned to pay any a person insured or seeking insurance 18 deposits are guaranteed by the Federal Deposit Insurance through the broker who sustains loss as a result of: 19 Corporation, not to exceed the amount of insurance. An (a) the broker's violation of or failure to comply with 20 aggrieved person may institute an action in the county of his any an insurance law or regulation of this State; 21 residence against the broker or his surety, or both, to (b) the broker's failure to transmit properly a payment 22 recover on the bond or against the broker to recover from the received by him, cash or credit, for transmission to an 23 certificates of deposit, and a copy of the summons and insurer or an insured; or 24 complaint in the action must be served on the commissioner, (c) an act of fraud committed by the broker in connection 25 who is not required to be made a party to the action; with an insurance transaction. 26 (4) the payment to the commissioner, within thirty days In lieu of a bond, the broker may file with the 27 after March thirty-first, June thirtieth, September commissioner certificates of deposit in the sum of ten 28 thirtieth, and December thirty-first of each year, of a thousand dollars of building and loan associations or federal 29 broker's premium tax of four percent upon the premiums savings and loan associations located within the State in 30 approved for policies of insurers not licensed in this State. which deposits are guaranteed by the Federal Savings and Loan 31 Credit may be given for tax on policies canceled flat within Insurance Corporation, not to exceed the amount of insurance, 32 forty-five days of the date of approval as long as the broker or of banks located within the State in which deposits are 33 certifies to the commissioner that the business was placed in guaranteed by the Federal Deposit Insurance Corporation, not 34 good faith and the policy was canceled at the request of the to exceed the amount of insurance. An aggrieved person may 35 insured." institute an action in the county of his residence against 36 the broker or his surety or both to recover on the bond or 37 H. Section 38-45-30 of the 1976 Code, as last amended by Act against the broker to recover from the certificates of 38 379 of 1990, is further amended to read: deposit, and a copy of the summons and complaint in the 39 action must be served on the commissioner, who is not 40 "Section 38-45-30. A nonresident may be licensed as an required to be made a party to the action; 41 insurance broker by the commissioner if the following (6) the payment to paying the commissioner, within thirty 42 requirements are met: days after March thirty-first, June thirtieth, September 43 (1) filing an application on a form prescribed by the thirtieth, and December thirty-first of each year, of a 44 commissioner; broker's premium tax of four percent upon the premiums
PART II PAGE 777 1 approved for policies of insurers not licensed in this State. L. Section 38-49-20 of the 1976 Code is amended to read: 2 Credit may be given for tax on policies canceled flat within 3 forty-five days of the date of approval as long as the broker "Section 38-49-20. No person may act as an appraiser for 4 certifies to the commissioner that the business was placed in motor vehicle physical damage claims on behalf of an insurer 5 good faith and the policy was canceled at the request of the or firm or corporation engaged in the adjustment or appraisal 6 insured." of motor vehicle claims unless he has first secured first a 7 license from the commissioner and has paid a biennial license 8 I. Section 38-45-50 of the 1976 Code is amended to read: fee of forty eighty dollars which is fully earned when 9 received, not refundable, transferable, nor proratable. The 10 "Section 38-45-50. Each license issued is for an commissioner may prescribe reasonable regulations concerning 11 indefinite term unless revoked or suspended. If the annual standards for qualification, suspension, or revocation of 12 biennial license fee of a broker is not paid at the time and licenses and the methods by which licensees shall conduct 13 in the manner the commissioner provides by regulation, the their business." 14 license must be canceled. If the license is to be 15 reinstated, an original application must be filed and a M. Section 38-49-30 of the 1976 Code is amended to read: 16 reinstatement fee equal to the annual biennial license fee 17 unpaid must be paid in addition to the regular annual "Section 38-49-30. If the annual biennial continuation 18 biennial license fee." license fee for an appraiser is not received when due, the 19 license must be canceled. If the license is to be 20 J. Section 38-47-30 of the 1976 Code is amended to read: reinstated, an original application must be filed and a 21 reinstatement fee equal to the annual biennial license fee 22 "Section 38-47-30. The fee for an adjuster's license is unpaid must be paid in addition to the regular annual 23 forty eighty dollars payable in advance, which is and fully biennial license fee." 24 earned when received, not refundable, transferable, nor 25 proratable. However, whenever when the laws of any other N. This section takes effect July 1, 1992. 26 another state of the United States require South Carolina 27 adjusters to pay a license fee greater than the fee required 28 in this State of nonresident adjusters, the nonresident SECTION 12 29 adjuster is required to shall pay an amount equal to the 30 amount of charges imposed by the laws of his state upon TO AMEND THE 1976 CODE BY ADDING SECTIONS 56-3-251, 56-3-252, 31 adjusters of this State." 56-3-253, AND 56-3-254 SO AS TO REQUIRE THE DEPARTMENT OF 32 HIGHWAYS AND PUBLIC TRANSPORTATION TO DEVELOP A COUNTY 33 K. Section 38-47-40 of the 1976 Code is amended to read: PROPERTY TAX STICKER AND PROVIDE FOR RELATED REQUIREMENTS AND 34 PENALTIES, BIENNIAL REGISTRATION OF MOTOR VEHICLES, AND 35 "Section 38-47-40. An adjuster's license is for an REQUIREMENTS WHEN DELINQUENT PROPERTY TAXES ARE OWED ON A 36 indefinite term unless sooner revoked or suspended if the VEHICLE; TO AMEND SECTION 56-3-20, RELATING TO DEFINITIONS 37 annual biennial license fee is paid at the time and in the PERTAINING TO MOTOR VEHICLE REGISTRATION AND LICENSING, SO AS 38 manner which the commissioner provides by regulation. If the TO DEFINE "FREEZE A VEHICLE'S TITLE"; TO AMEND SECTION 39 license fee for an adjuster is not received when due, the 56-3-350, RELATING TO THE REFUSAL BY THE DEPARTMENT TO 40 license must be canceled. If the license is to be REGISTER AND LICENSE OR TRANSFER REGISTRATION, SO AS TO 41 reinstated, an original application must be filed and a PROVIDE ADDITIONAL CIRCUMSTANCES UNDER WHICH REFUSAL IS 42 reinstatement fee equal to the annual biennial license fee AUTHORIZED; TO AMEND SECTION 56-3-376, AS AMENDED, RELATING 43 unpaid must be paid in addition to the regular annual TO THE SYSTEM OF REGISTRATION, SO AS TO DELETE REFERENCES TO 44 biennial license fee." A REPEALED SECTION, CHANGE THE REFERENCES TO ANNUAL TO
PART II PAGE 778 1 BIENNIAL, AND REVISE THE REGISTRATION FEES AND PERIOD; TO SECTIONS 56-3-1510, 56-3-1520, AND 56-3-1530, RELATING TO 2 AMEND SECTION 56-3-377, RELATING TO THE EXPIRATION OF SPECIAL LICENSE PLATES FOR AMATEUR RADIO OPERATORS, SO AS TO 3 REGISTRATION, SO AS TO DELETE THE REFERENCE TO A REPEALED CHANGE THE REFERENCE TO ANNUAL TO BIENNIAL, REVISE THE 4 SECTION AND CHANGE THE REFERENCE TO ANNUAL TO BIENNIAL, AND REGISTRATION FEES, AND CHANGE THE REFERENCE TO THE LICENSING 5 THE EXPIRATION FROM TWELVE TO TWENTY-FOUR MONTHS; TO AMEND PERIOD; TO AMEND SECTIONS 56-3-1610 AND 56-3-1630, RELATING 6 SECTION 56-3-385, RELATING TO EXTENSION OF THE DEADLINE FOR TO SPECIAL LICENSE PLATES FOR EMERGENCY MEDICAL TECHNICIANS, 7 LICENSE PLATES AND STICKERS, SO AS TO CHANGE THE REFERENCE TO SECTIONS 56-3-1750 AND 56-3-1760, RELATING TO SPECIAL LICENSE 8 ANNUAL TO BIENNIAL; TO AMEND SECTION 56-3-420, RELATING TO PLATES FOR MEMBERS OF THE UNITED STATES MILITARY RESERVE, AND 9 REGISTRATION AND LICENSING OF AUTOMOBILE UTILITY TRAILERS, SO SECTION 56-3-1820, RELATING TO SPECIAL LICENSE PLATES FOR 10 AS TO PROVIDE AN ADDITIONAL AUTHORIZATION TO REFUSE MEMBERS OF THE NATIONAL GUARD, SO AS TO CHANGE THE REFERENCES 11 REGISTRATION AND LICENSING; TO AMEND SECTION 56-3-610, TO ANNUAL TO BIENNIAL AND REVISE THE REGISTRATION FEES; TO 12 RELATING TO THE PAYMENT FOR REGISTRATION AND LICENSING, SO AS AMEND SECTIONS 56-3-2010 AND 56-3-2020, RELATING TO SPECIAL 13 TO CHANGE THE REFERENCE TO ANNUAL TO BIENNIAL; TO AMEND PERSONALIZED LICENSE PLATES FOR CERTAIN PERSONS, SO AS TO 14 SECTION 56-3-620, RELATING TO THE REGISTRATION FEES FOR CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL, REVISE THE 15 CERTAIN VEHICLES, AND SECTION 56-3-640, RELATING TO REGISTRATION FEES, AND CHANGE THE REFERENCE TO THE LICENSING 16 REGISTRATION AND LICENSE FEES FOR COMMON CARRIER PASSENGER PERIOD; TO AMEND SECTIONS 56-3-2150 AND 56-3-2160, RELATING 17 VEHICLES, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO TO SPECIAL LICENSE PLATES FOR THE TRANSPORTATION OF HOUSE 18 BIENNIAL AND REVISE THE FEES; TO AMEND SECTION 56-3-660, AS TRAILERS, SECTIONS 56-3-2810 AND 56-3-2820, RELATING TO 19 AMENDED, RELATING TO FEES, REGISTRATION, AND LICENSING FOR SPECIAL LICENSE PLATES FOR VOLUNTEER FIREMEN, AND SECTIONS 20 SELF-PROPELLED PROPERTY CARRYING VEHICLES, SO AS TO CHANGE 56-3-3310 AND 56-3-3320, RELATING TO SPECIAL LICENSE PLATES 21 THE REFERENCES TO ANNUAL TO BIENNIAL, CHANGE THE REGISTRATION FOR RECIPIENTS OF THE PURPLE HEART, SO AS TO CHANGE THE 22 AND LICENSING PERIOD, AND REVISE THE FEES; TO AMEND SECTION REFERENCES TO ANNUAL TO BIENNIAL AND CHANGE THE LICENSING 23 56-3-670, RELATING TO SPECIAL FARM VEHICLE LICENSES FOR FARM PERIOD; TO AMEND SECTION 56-3-3710, RELATING TO SPECIAL 24 TRUCKS, SECTION 56-3-700, RELATING TO REGISTRATION FEES FOR LICENSE PLATES WITH COLLEGE OR UNIVERSITY EMBLEMS, SECTION 25 TRAILERS, SEMITRAILERS, AND POLE TRAILERS, SECTION 56-3-710, 56-3-3910, RELATING TO SPECIAL LICENSE PLATES COMMEMORATING 26 RELATING TO REGISTRATION FEES FOR HOUSE TRAILERS, SECTION THE STATE DANCE, AND SECTION 56-3-3950, RELATING TO SPECIAL 27 56-3-720, RELATING TO REGISTRATION FEES FOR CAMPERS AND "KEEP SOUTH CAROLINA BEAUTIFUL" LICENSE PLATES, SO AS TO 28 TRAVEL TRAILERS, SECTION 56-3-740, RELATING TO REGISTRATION CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL, REVISE THE 29 FEES FOR TRACKLESS TROLLEY BUSES, SECTION 56-3-750, RELATING REGISTRATION FEES, AND CHANGE THE LICENSING PERIOD; AND TO 30 TO REGISTRATION AND LICENSE FEES FOR SPECIAL MOBILE EQUIPMENT REPEAL SECTION 56-3-375 RELATING TO THE REGISTRATION SCHEDULE 31 VEHICLES, AND SECTION 56-3-760, RELATING TO REGISTRATION FEES FOR MOTOR VEHICLES. 32 FOR MOTORCYCLES AND MOTOR-DRIVEN CYCLES, SO AS TO CHANGE THE 33 REFERENCES TO ANNUAL TO BIENNIAL AND REVISE THE FEES; TO A. The 1976 Code is amended by adding: 34 AMEND SECTION 56-3-770, RELATING TO REGISTRATION AND LICENSE 35 FEES FOR MOTOR VEHICLES WITH SOLID TIRES, SO AS TO CHANGE THE "Section 56-3-251. The department shall develop and pay 36 REFERENCES TO ANNUAL TO BIENNIAL; TO AMEND SECTION 56-3-780, for an annual South Carolina County Property Tax Sticker to 37 RELATING TO PERMANENT LICENSE PLATES FOR STATE POLITICAL be issued by county treasurers upon the annual payment of the 38 SUBDIVISION AND CIVIL AIR PATROL MOTOR VEHICLES, SO AS TO property tax due on a vehicle owned by a resident of their 39 CHANGE THE REFERENCE TO ANNUAL TO BIENNIAL AND REVISE THE county and registered or to be registered in South Carolina. 40 FEES; TO AMEND SECTION 56-3-900, RELATING TO REFUNDS OF The sticker must have a distinctive serial number, show the 41 REGISTRATION AND LICENSE FEES, SO AS TO INCLUDE BIENNIAL name of the county which issued the sticker, be color coded 42 REGISTRATION; TO AMEND SECTION 56-3-1230, RELATING TO by year, and conspicuously show the month the latest day of 43 SPECIFICATIONS FOR LICENSE PLATES AND REVALIDATION STICKERS, which the validity of the sticker expires. 44 SO AS TO CHANGE THE REFERENCE TO ANNUAL TO BIENNIAL; TO AMEND
PART II PAGE 779 1 Section 56-3-252. Beginning July 1, 1992, license plates (i) July 1, 1992, and December 31, 1992, and issued 2 which expire after May 31, 1993, are not valid unless a valid a license plate ending in an even number shall obtain a 3 South Carolina County Property Tax Sticker is affixed in the biennial registration; 4 upper left or right corner of the license plate, as (ii) July 1, 1992, and December 31, 1992, issued a 5 determined by the department. Operating a vehicle without a license plate ending in an odd number shall obtain a one-year 6 valid sticker is a misdemeanor punishable by a fine of not registration. At the end of that time they shall register 7 less than one hundred nor more than two hundred dollars or their vehicles for two years and biennially after that time; 8 imprisonment not more than thirty days for a first offense. (iii) January 1, 1993, and June 30, 1993, issued a 9 A second offense is punishable by a fine of not less than one license plate ending in an even number shall obtain a 10 hundred fifty nor more than five hundred dollars or one-year registration. At the end of that time they shall 11 imprisonment not more than forty-five days. A third and register their vehicles for two years and biennially after 12 subsequent offense is punishable by fine of not less than that time; 13 five hundred nor more than one thousand dollars or (iv) January 1, 1993, and June 30, 1993, and issued a 14 imprisonment not more than sixty days. license plate ending in an odd number shall obtain a biennial 15 registration; 16 Section 56-3-253. (A)Vehicles required by Chapter 3 of (v) July 1, 1992, and June 30, 1993, and issued 17 Title 56 to be registered biennially must be assigned license plates which end in `A' through `L' shall obtain a 18 registration periods as provided in this section. biennial registration; 19 (1) Upon the first reregistration of the vehicles by the (vi) July 1, 1992, and June 30, 1993, and issued 20 department after the effective date of the implementation of license plates which end in `M' through `Z' shall obtain a 21 biennial licensure, a biennial registration period must be one-year registration and a biennial registration after that 22 implemented as follows: time. 23 (a) Vehicles whose license plates end in: (2) Registrations are valid until the last day of the 24 (i) an even number and expire between July 1, 1992, month in which the registration expires. 25 and December 31, 1992, shall obtain a biennial registration; (B) After June 30, 1993, vehicles must be registered and 26 (ii) an even number and expire between January 1, licensed for twenty-four consecutive months, and 27 1993, and June 30, 1993, shall reregister their vehicles for registrations expire the last day of the month. The 28 one year. At the end of this time they shall reregister registration and license must be renewed biennially upon 29 their vehicles for two years and biennially after that time; application by the owner and payment of fees required by law 30 (iii) an odd number and expire between July 1, 1992, to take effect on the first day of the month following the 31 and December 31, 1992, shall register their vehicles for one expiration of the registration and license to be renewed. 32 year. At the end of that time they shall register their This section does not prevent the department from refusing to 33 vehicles for two years and biennially after that time; license a vehicle. 34 (iv) an odd number and expire between January 1, 1993, 35 and June 30, 1993, shall obtain a biennial registration; Section 56-3-254. During the registration period of a 36 (v) `A' through `L' and expire between July 1, 1992, vehicle registered with the department, if a political 37 and June 30, 1993, shall obtain a biennial registration; subdivision of the State notifies the department delinquent 38 (vi) M' through `Z' and expire between July 1, 1992, property taxes are owed on the vehicle, the department 39 and June 30, 1993, shall obtain a one-year registration and immediately shall cancel the vehicle's registration, license, 40 a biennial registration after that time. license plates, or other documents issued by the department 41 (b) Vehicles registered in South Carolina for the first and repossess them within thirty days of their cancellation. 42 time between: The department shall refuse to reregister the vehicle and 43 immediately freeze the vehicle's title until the taxes are 44 paid in full. Once the vehicle's title has been frozen by
PART II PAGE 780 1 the department, it must not be transferred or amended (a) over seventy-five dollars in parking ticket fines on 2 including allowing the transference of the title to another the vehicle for which registration is requested; 3 state. Upon freezing the title the department shall notify (b) property taxes on the vehicle for which registration 4 all holders of liens against the vehicle that the vehicle's is requested." 5 title has been frozen. The vehicle's applicant-owner shall 6 pay twenty-five dollars to the department to cover the cost D. Section 56-3-376 of the 1976 Code, as last amended by Act 7 of repossession and collection if the license and 148 of 1991, is further amended to read: 8 registration are canceled." 9 "Section 56-3-376. All vehicles except those vehicles 10 B. Section 56-3-20 of the 1976 Code is amended by adding an designated in Sections 56-3-375 and Section 56-3-780 are 11 appropriately numbered item to read: designated as distinct classifications and must be assigned 12 an annual a biennial registration period as follows: 13 "( ) `Freeze a vehicle's title': A motor vehicle's title (1) Classification (1). Vehicles for which the annual 14 must not be amended. Amendment includes, but is not limited biennial registration fee is eighty one hundred sixty dollars 15 to, transfer of the title to a new owner, removal of liens or more. The department may register and license a vehicle 16 present on the title, or transfer of the title to a new for which the annual biennial registration fee is eighty one 17 state." hundred sixty dollars or more for a semiannual an annual 18 registration or one-half year beginning on April January 19 C. Section 56-3-350 of the 1976 Code is amended to read: first and ending on September thirtieth December thirty-first 20 of the same year upon application to the department by the 21 "Section 56-3-350. The department shall refuse to register owner and the payment of one-half of the specified annual 22 and license or to transfer registration upon any one or more biennial fee. The license and registration fee for vehicles 23 of the following grounds: in this classification which are registered for the remaining 24 (1) That The application contains any a false or eleven twenty-three months or less of the twelve twenty-four 25 fraudulent statement or that the applicant has failed to month license year ending on March thirty-first or the 26 furnish not furnished required information or reasonable remaining five eleven months or less for the one-half annual 27 additional information requested by the department;. period ending on September thirtieth is the proportionate 28 (2) That The vehicle is mechanically unfit or unsafe to part of the specified annual biennial fee for the remainder 29 be operated or moved upon the highways;. of the year two years or one-half year based on one-twelfth 30 (3) That The department has reasonable ground to believe twenty-fourth of the specified twelve twenty-four month fee 31 that the vehicle is a stolen vehicle or that the registration for each month or part of a month remaining in the 32 and licensing or transfer is a fraud against the rightful registration and license year years or one-half year. 33 owner of such the vehicle;. Semiannual or half-year Annual registrations and licenses for 34 (4) That The registration and license of the vehicle the first period from April first to September thirtieth 35 stands is canceled, suspended, or revoked for any reason, as expire at midnight on September thirtieth December 36 provided in this chapter or other motor vehicle laws of this thirty-first of the same year, and no person shall may drive, 37 State;. move, or operate a vehicle upon a highway after the 38 (5) That The required fee has not been paid; and. expiration of the registration and license until the vehicle 39 (6) That in the case of For a vehicle purchased outside is registered and licensed for the then current period. 40 this State, satisfactory evidence of the payment of the South Trucks, truck tractors, or road tractors having a load 41 Carolina use tax has not been presented. capacity of not more than one ton with an empty or unloaded 42 (7) A political subdivision of the State has notified the weight of over four thousand pounds, and trucks, truck 43 department that the applicant is delinquent in paying: tractors, or road tractors with a load capacity of not more 44 than two tons and with an empty or unloaded weight of over
PART II PAGE 781 1 four thousand pounds also must be placed in this seventy-five dollars in parking ticket fines or paying 2 classification but may must not be registered for less than property taxes on the vehicle for which registration and 3 a full annual biennial period. licensing is requested." 4 (2) Classification (2). Other vehicles. All other 5 vehicles except those vehicles described in Section 56-3-375 H. Section 56-3-610 of the 1976 Code is amended to read: 6 and classification item (1) of this section are assigned an 7 annual biennial registration which begins on December first "Section 56-3-610. The owner of every motor vehicle, 8 of each year and expires on November thirtieth of the next trailer, semitrailer, pole trailer, and special mobile 9 year except those vehicles defined in Section 56-3-700 whose equipment vehicle required to be registered and licensed 10 registration begins on April first of each year and expires under the provisions of this chapter shall pay to the 11 on March thirty-first of each year." department at the time of registering and licensing such the 12 vehicle and annually thereafter biennially after that time 13 E. Section 56-3-377 of the 1976 Code is amended to read: registration and license fees as set forth in this article." 14 15 "Section 56-3-377. All vehicles as described in Section I. Section 56-3-620 of the 1976 Code is amended to read: 16 56-3-375 and further described in Section 56-3-210 of the 17 1976 Code shall must be assigned an annual a biennial "Section 56-3-620. (1)(A) For persons sixty-five years of 18 registration period which shall expire twelve expires age or older, or persons who are handicapped, as this term is 19 twenty-four months from the month in which such the defined in Section 56-3-1950, the annual biennial 20 registration was first was issued." registration fee for every private passenger-carrying vehicle 21 is ten twenty dollars. 22 F. Section 56-3-385 of the 1976 Code is amended to read: (2)(B) Beginning July 1, 1987, for all persons under the 23 age of sixty-five years, the annual biennial registration fee 24 "Section 56-3-385. When the last day of a month on which for every private passenger-carrying vehicle is twelve 25 a person may obtain his annual biennial motor vehicle license twenty-four dollars. 26 plate or renewal sticker without penalty falls on a Saturday, (3)(C) For persons sixty-five years of age or older, the 27 Sunday, or state holiday, the person has until the end of the annual biennial registration fee for any a property-carrying 28 next working day immediately following that Saturday, Sunday, vehicle with a gross weight of five thousand pounds or less 29 or state holiday to obtain his license plate or renewal is fifteen thirty dollars." 30 sticker without penalty." 31 J. Section 56-3-640 of the 1976 Code is amended to read: 32 G. Section 56-3-420 of the 1976 Code is amended to read: 33 "Section 56-3-640. (A) For every common carrier passenger 34 "Section 56-3-420. The department may shall refuse to vehicle the annual biennial registration and license fee 35 license and register any an automobile utility trailer if one shall be as follows is according to weight: 36 or more of the following apply: Weight Annual Fee 37 (1) Any The required fee is not paid;. (1) not over 2000 lbs. $ 9.00 pounds: $18.00; 38 (2) The application contains a false or fraudulent (2) From 2001 lbs. to 2500 lbs. 12.00 pounds: $24.00; 39 statement; or. (3) From 2501 lbs. to 3000 lbs. 15.00 pounds: $ 30.00; 40 (3) The applicant fails to furnish information or, (4) From 3001 lbs. to 3500 lbs. 18.00 pounds: $36.00; 41 documents, or any additional information the department (5) From 3501 lbs. to 4000 lbs. 21.00 pounds: $42.00; 42 reasonably requires. (6) From 4001 lbs. to 4500 lbs. 24.00 pounds: $48.00; 43 (4) A political subdivision of the State notifies the (7) From 4501 lbs. to 5000 lbs. 27.00 pounds: $54.00; 44 department the applicant is delinquent in paying over
PART II PAGE 782 1 (8) over five thousand 5000 pounds, twenty-seven dollars: of the biennial registration period or the remaining five 2 $54.00 plus three dollars $6.00 for each five hundred 500 eleven months or less for the one-half year period ending on 3 pounds' weight or fraction thereof over five thousand 5000 September thirtieth December thirty-first is the 4 pounds. proportionate part of the specified biennial or annual fee 5 (B) The department shall must include in this for the remainder of the two years or year or one-half year 6 classification every motor vehicle, trailer, or semitrailer based on one-twelfth twenty-fourth of the specified twelve 7 designed, used, or maintained for the transportation of twenty-four month fee for each month or part of a month 8 persons for compensation as a regular business, but. This remaining in the registration and license years or year or 9 classification shall does not include a trackless trolley one-half year. No proportionate fee may be reduced lower 10 bus. than ten dollars. A person making application for a 11 (C) The manufacturer's rating on the weight of a vehicle registration and license for a motor vehicle of this 12 shall must be accepted as the weight of the vehicle for the classification shall declare the true unloaded or empty 13 purpose of fixing the license fee under this item section." weight of the vehicle. 14 (B) The biennial fees for the gross vehicle weight are as 15 K. Section 56-3-660 of the 1976 Code, as last amended by Act follows: 16 148 of 1991, is further amended to read: GROSS VEHICLE WEIGHT FEE 17 (1) not over 4,000 pounds $15.00: $30.00; 18 "Section 56-3-660. (A)The determination of gross vehicle (2) 4,001 pounds to 5,000 pounds 20.00: $40.00; 19 weight for the purpose of registering to register and (3) 5,001 pounds to 6,000 pounds 30.00: $60.00; 20 licensing license self-propelled property carrying vehicles (4) 6,001 pounds to 7,000 pounds 35.00: $70.00; 21 is the empty weight of the vehicle or combination of vehicles (5) 7,001 pounds to 8,000 pounds 40.00: $80.00; 22 and the heaviest load to be transported by the vehicle or (6) 8,001 pounds to 9,000 pounds 45.00: $90.00; 23 combination of vehicles as declared by the registered owner. (7) 9,001 pounds to 10,000 pounds 50.00: $100.00; 24 All determinations of weight must be made in units of one (8) 10,001 pounds to 11,000 pounds 55.00: $110.00; 25 thousand pounds or major fraction of one thousand pounds. (9) 11,001 pounds to 12,000 pounds 60.00: $120.00; 26 The declared gross vehicle weight applies to all (10) 12,001 pounds to 13,000 pounds 65.00: $130.00; 27 self-propelled property carrying vehicles operating in tandem (11) 13,001 pounds to 14,000 pounds 70.00: $140.00; 28 with trailers or semitrailers, except that the gross weight (12) 14,001 pounds to 15,000 pounds 75.00: $150.00; 29 of a trailer or semitrailer is not required to be included (13) 15,001 pounds to 16,000 pounds 92.00: $184.00; 30 when the operation is to be in tandem with a self-propelled (14) 16,001 pounds to 17,000 pounds 97.75: $195.50; 31 property carrying vehicle which is licensed for six thousand (15) 17,001 pounds to 18,000 pounds 103.50: $207.00; 32 pounds or less gross weight, and the gross vehicle weight of (16) 18,001 pounds to 19,000 pounds 109.25: $218.50; 33 the combination does not exceed nine thousand pounds. The (17) 19,001 pounds to 20,000 pounds 130.00: $260.00; 34 department may register and license a vehicle of this (18) 20,001 pounds to 21,000 pounds 136.50: $273.00; 35 classification for which the annual biennial registration and (19) 21,001 pounds to 22,000 pounds 154.00: $308.00; 36 license fee is eighty one hundred sixty dollars or more for (20) 22,001 pounds to 23,000 pounds 161.00: $322.00; 37 a semiannual or one-half year beginning on April January (21) 23,001 pounds to 24,000 pounds 180.00: $360.00; 38 first and ending on September thirtieth of December (22) 24,001 pounds to 25,000 pounds 187.50: $375.00; 39 thirty-first the same year upon application to the department (23) 25,001 pounds to 26,000 pounds 196.00: $392.00; 40 by the owner and the payment of the appropriate fees. The (24) 26,001 pounds to 27,000 pounds 204.00: $408.00; 41 registration and license fee for vehicles in this (25) 27,001 pounds to 28,000 pounds 212.00: $424.00; 42 classification which are registered for the remaining eleven (26) 28,001 pounds to 29,000 pounds 219.00: $438.00; 43 twenty-three months or less of the twelve twenty-four month (27) 29,001 pounds to 30,000 pounds 226.00: $452.00; 44 year ending on March December thirty-first of the second year (28) 30,001 pounds to 31,000 pounds 234.00: $468.00;
PART II PAGE 783 1 (29) 31,001 pounds to 32,000 pounds 241.00: $482.00; (73) 75,001 pounds to 76,000 pounds 705.00: $1,410.00; 2 (30) 32,001 pounds to 33,000 pounds 249.00: $498.00; (74) 76,001 pounds to 77,000 pounds 758.00: $1,516.00; 3 (31) 33,001 pounds to 34,000 pounds 257.00: $514.00; (75) 77,001 pounds to 78,000 pounds 769.00: $1,538.00; 4 (32) 34,001 pounds to 35,000 pounds 264.00: $528.00; (76) 78,001 pounds to 79,000 pounds 779.00: $1,558.00; 5 (33) 35,001 pounds to 36,000 pounds 272.00: $544.00; (77) 79,001 pounds to 80,000 pounds 800.00: $1,600.00. 6 (34) 36,001 pounds to 37,000 pounds 279.00: $558.00; (C) Notwithstanding any other provision provisions of this 7 (35) 37,001 pounds to 38,000 pounds 286.00: $572.00; chapter, the department may enter into agreement with other 8 (36) 38,001 pounds to 39,000 pounds 294.00: $588.00; states in a registration and license reciprocal agreement 9 (37) 39,001 pounds to 40,000 pounds 302.00: $604.00; known as the international registration plan, and the 10 (38) 40,001 pounds to 41,000 pounds 308.00: $616.00; registration and license required in this section may be 11 (39) 41,001 pounds to 42,000 pounds 317.00: $634.00; apportioned for vehicles which qualify and are licensed in 12 (40) 42,001 pounds to 43,000 pounds 325.00: $650.00; accordance with the provisions of the International 13 (41) 43,001 pounds to 44,000 pounds 332.00: $664.00; Registration plan. Such The funds shall must be deposited to 14 (42) 44,001 pounds to 45,000 pounds 340.00: $680.00; the State Highway Fund as established in Section 57-11-20 and 15 (43) 45,001 pounds to 46,000 pounds 347.00: $694.00; expended for the law enforcement activities of the department 16 (44) 46,001 pounds to 47,000 pounds 354.00: $708.00; and other purposes as provided by law. 17 (45) 47,001 pounds to 48,000 pounds 362.00: $724.00; (D) An additional registration fee of $11.25 per 18 (46) 48,001 pounds to 49,000 pounds 370.00: $740.00; twenty-two dollars and fifty cents for each thousand pounds 19 (47) 49,001 pounds to 50,000 pounds 377.00: $754.00; or fraction thereof over 80,000 eighty thousand pounds shall 20 (48) 50,001 pounds to 51,000 pounds 385.00: $770.00; must be paid for all vehicles operated in this State which 21 (49) 51,001 pounds to 52,000 pounds 392.00: $784.00; exceed 80,000 eighty thousand pounds gross vehicle weight. 22 (50) 52,001 pounds to 53,000 pounds 400.00: $800.00; The payment of any an additional registration fee for 23 (51) 53,001 pounds to 54,000 pounds 407.00: $814.00; vehicles which are operated in excess of 80,000 eighty 24 (52) 54,001 pounds to 55,000 pounds 415.00: $830.00; thousand pounds gross vehicle weight as specified herein in 25 (53) 55,001 pounds to 56,000 pounds 422.00: $844.00; this section is in addition to any fees or penalties which 26 (54) 56,001 pounds to 57,000 pounds 430.00: $860.00; may be required in accordance with Section Sections 56-5-4160 27 (55) 57,001 pounds to 58,000 pounds 438.00: $876.00; and Section 56-5-4170. 28 (56) 58,001 pounds to 59,000 pounds 445.00: $890.00; (E) Any A vehicle registered in this State and found to 29 (57) 59,001 pounds to 60,000 pounds 453.00: $906.00; be operating in excess of the gross vehicle weight for which 30 (58) 60,001 pounds to 61,000 pounds 460.00: $920.00; it is currently registered currently may be impounded by the 31 (59) 61,001 pounds to 62,000 pounds 467.00: $934.00; department until such time as all registration fees, permit 32 (60) 62,001 pounds to 63,000 pounds 475.00: $950.00; fees, or penalties are paid or arrangements for payment of 33 (61) 63,001 pounds to 64,000 pounds 482.00: $964.00; such fees and/or penalties satisfactory to the department 34 (62) 64,001 pounds to 65,000 pounds 566.00: $1,132.00; have been made. 35 (63) 65,001 pounds to 66,000 pounds 574.00: $1,148.00; (F) The department of Highways and Public Transportation 36 (64) 66,001 pounds to 67,000 pounds 583.00: $1,166.00; may register an apportionable vehicle for the payment of 37 (65) 67,001 pounds to 68,000 pounds 591.00: $1,182.00; one-half of this state's portion of the license fee for any 38 (66) 68,001 pounds to 69,000 pounds 600.00: $1,200.00; a vehicle whose portion owed to this State exceeds four 39 (67) 69,001 pounds to 70,000 pounds 609.00: $1,218.00; hundred dollars. The department may require any information 40 (68) 70,001 pounds to 71,000 pounds 618.00: $1,236.00; it considers necessary to complete the transaction. 41 (69) 71,001 pounds to 72,000 pounds 668.00: $1,336.00; (G) Upon evidence of reliability in the payment of its 42 (70) 72,001 pounds to 73,000 pounds 677.00: $1,354.00; obligations, the department may accept the check of a motor 43 (71) 73,001 pounds to 74,000 pounds 687.00: $1,374.00; carrier company in payment of applicable fees and 44 (72) 74,001 pounds to 75,000 pounds 696.00: $1,392.00; assessments."
PART II PAGE 784 1 K1. Section 56-5-4160(C) of the 1976 Code is amended to (b) 20 ton: 80.00 $160.00; 2 read: (c) 25 ton: 100.00 $200.00; 3 (d) 30 ton: 120.00 $240.00. 4 "(C) A person who operates a vehicle found to exceed the (C) Any A person who shall certify certifies to the 5 excess overall maximum gross weight limitations imposed by department that he is a bona fide farmer and who, is issued 6 Section 56-5-4130 or 56-5-4140 is guilty of a misdemeanor a farm license plate for the purpose as defined herein in 7 and, upon conviction, shall pay to the department a fine this section, and who uses such the license plate for 8 based on the following scale: purposes other than those defined shall be is guilty of a 9 POUNDS OF EXCESS AMOUNT OF FINE misdemeanor and, upon conviction, shall must be punished by 10 WEIGHT IN DOLLARS a fine of fined not more than two hundred dollars or 11 (1) 500 - 1500 lbs.: 25.00 imprisoned for not more than thirty days, or both." 12 (2) 1501 - 2500 lbs.: 45.00 13 (3) 2501 - 3500 lbs.: 60.00 M. Section 56-3-700 of the 1976 Code is amended to read: 14 (4) 3501 - 4250 lbs.: 135.00 15 (5) 4251 - 5250 lbs.: 180.00 "Section 56-3-700. For every trailer, semitrailer, or pole 16 (6) 5251 - 6250 lbs.: 300.00 trailer, the annual biennial registration fee shall be ten is 17 (7) 6251 - 7250 lbs.: 460.00 twenty dollars. The department shall must include in this 18 (8) 7251 - 8250 lbs.: 600.00 classification every trailer, semitrailer, or pole trailer 19 (9) 8251 - 10250 lbs.: 700.00 designed for carrying property, except house trailers, 20 (10) 10251 lbs. and over: 800.00 utility trailers, and boat trailers as otherwise provided for 21 If the operator of the vehicle, upon conviction, fails to in this article. Semitrailers or pole trailers weighing less 22 remit the fine imposed by this subsection to the department, than five hundred pounds with load capacity of less than one 23 the owner of the vehicle is responsible for remitting the thousand pounds and trailers and semitrailers with an actual 24 fine. The court is prohibited from suspending any portion of unloaded weight of fifteen hundred pounds or less and 25 this fine." carrying a load capacity not exceeding twenty-five hundred 26 pounds and which are designed, adapted, and used exclusively 27 L. Section 56-3-670 of the 1976 Code is amended to read: for agriculture, horticulture, or livestock-raising 28 operations or for lifting or carrying an implement of 29 "Section 56-3-670. (A)For the purpose of this section husbandry need not be registered or licensed." 30 `farm truck' is defined as a truck used exclusively by the 31 owner for agricultural, horticultural, and dairying N. Section 56-3-710 of the 1976 Code is amended to read: 32 operations or livestock and poultry raising. 33 (B) The department shall issue to bona fide farmers "Section 56-3-710. For every house trailer, the annual 34 special farm vehicle licenses for farm trucks for a fee as biennial fee shall be six is twelve dollars. The department 35 outlined below follows according to the maximum empty weight shall classify as a `house trailer' every trailer or 36 of the truck: semitrailer which is designed, constructed, and equipped as 37 Empty weight of truck a dwelling, living abode, or sleeping place, either 38 not to exceed License to be issued Fee permanently or temporarily, and is equipped for use as a 39 (1) 5,000 pounds: 4 ton or more: 5.00 $10.00; conveyance on streets or highways, or a trailer or 40 (2) 7,500 pounds: 6 ton or more: 10.00 $20.00; semitrailer of similar nature whose chassis and exterior 41 (3) 10,500 pounds: 8 ton or more: 15.00 $30.00; shell is designed and constructed for use either permanently 42 (4) 12,500 pounds: 10 ton or more: 30.00 $60.00; or temporarily for advertising, sales, display, or promotion 43 (5) 12,501 pounds and above: of merchandise or services or for any other another 44 (a) 15 ton or more: 60.00 $120.00; commercial purpose, except the transportation of property for
PART II PAGE 785 1 hire or the transportation of property for distribution by a having a gross weight of more than four thousand pounds, an 2 private carrier. The department may not license and register additional sum of four eight dollars for each additional one 3 a house trailer which exceeds the permissible size thousand pounds of weight or fraction thereof over four 4 limitations prescribed in Sections 56-5-4030, 56-5-4060, and thousand pounds." 5 56-5-4070, but such the house trailers which may be permitted 6 to be moved over the highways by the department under special R. Section 56-3-760 of the 1976 Code is amended to read: 7 permits issued pursuant to Sections 56-5-4170 to 56-5-4200 8 shall pay to the department a fee of five dollars per a "Section 56-3-760. For every motorcycle or motor-driven 9 trip." cycle, the annual biennial registration fee shall be five is 10 ten dollars." 11 O. Section 56-3-720 of the 1976 Code is amended to read: 12 S. Section 56-3-770 of the 1976 Code is amended to read: 13 "Section 56-3-720. For every camper or travel trailer the 14 annual biennial registration fee shall be five is ten "Section 56-3-770. The annual biennial registration and 15 dollars. The department shall must include in this license fee for every motor vehicle, trailer, semitrailer, 16 classification every trailer not more than thirty-five feet pole trailer, or special mobile equipment vehicle equipped 17 long and eight feet wide which is primarily equipped, with solid tires shall be is double the annual biennial fee 18 designed, converted, or used for private living quarters by otherwise specified in this article." 19 one or more individuals and which is towed by a motor 20 vehicle. The department shall design a distinctive tag which T. Section 56-3-780 of the 1976 Code is amended to read: 21 shall must be displayed on the exterior of the rear of the 22 trailer in a conspicuous place." "Section 56-3-780. (A) Permanent license plates shall must 23 be issued by the department for all motor vehicles operated 24 P. Section 56-3-740 of the 1976 Code is amended to read: by the State or any its political subdivision thereof 25 subdivisions except as provided for in Section 56-3-1710. The 26 "Section 56-3-740. For every trackless trolley bus the license fee, including registration, shall be one dollar is 27 annual biennial registration fee shall be two hundred is four two dollars. Permanent plates shall must bear the words 28 hundred dollars for each such bus weighing not over fifteen `South Carolina', the number, and a prefix `SG', `CG', or 29 thousand pounds, exclusive of passengers, and for each such `MG' to designate respectively state government, county 30 bus weighing more than fifteen thousand pounds, exclusive of government, or municipal government. 31 passengers, an additional twenty forty dollars for each (B) All other vehicles operated by the State or its 32 additional one thousand pounds of weight or fraction thereof. subdivisions and the Civil Air Patrol shall must be 33 The department shall must include under this classification registered and licensed for an annual a biennial fee of one 34 every bus propelled by electric power obtained from overhead dollar, two dollars and shall must be issued plates in 35 trolley wires but not operated upon rails." accordance with the provisions of Section 56-3-1710. 36 (C) Registration and licenses issued under this section 37 Q. Section 56-3-750 of the 1976 Code is amended to read: shall are not be transferable except to another agency or 38 department of government." 39 "Section 56-3-750. For every special mobile equipment 40 vehicle not exempt from the payment of an annual a biennial U. Section 56-3-900 of the 1976 Code is amended to read: 41 registration and license fee under the provisions of Section 42 56-3-120 the annual registration fee shall be five is ten "Section 56-3-900. (A) Whenever any When a vehicle which 43 dollars for each such vehicle having a gross weight of not has been is registered and licensed under this chapter and 44 more than four thousand pounds, and for every such vehicle the required fee is paid but it has not been operated in this
PART II PAGE 786 1 State or elsewhere as a vehicle registered and licensed under V. Section 56-3-1230 of the 1976 Code is amended to read: 2 the laws of this State at any time since the beginning of the 3 registration and license period for which such the "Section 56-3-1230. (A) License plates must be at least six 4 registration and license fee was paid and a claim is filed inches wide and not less than twelve inches in length and 5 with the department for a refund within ninety days after the must show in bold characters the year of registration, serial 6 date of such the registration and license and such the claim number, and either the full name or the abbreviation of the 7 is supported by evidence of nonoperation satisfactory to the name of the State, and other distinctive markings as the 8 department and, further, is accompanied by the return of the department may consider advisable to indicate the class of 9 registration card and license plate or plates, or the weight of the vehicle for which the license plate was 10 satisfactory proof that the card or plates have been lost, issued. The plate must be of a strength and quality to 11 the department may make refund to the original payer of the provide a minimum service period of five years. A new license 12 full amount of the annual biennial registration and license plate including personalized and special plates must be 13 fee proper. provided by the department at intervals the department 14 (B) Whenever any When a vehicle has been is registered and considers appropriate but at least every six years. License 15 licensed under this chapter and the required fee is paid and plates issued for vehicles in excess of twenty-six thousand 16 such the vehicle is junked or totally destroyed at any time pounds must be issued annually biennially, and no 17 during the registration and license period for which the fee revalidation sticker may be issued for the plates. 18 was paid and a claim is filed with the department for refund (B) The face of the license plate must be treated 19 within ninety days after the date such the vehicle was junked completely with a retroreflective material which increases 20 or destroyed and such the claim is supported by evidence the nighttime visibility and legibility of the plate. The 21 satisfactory to the department and, further, is accompanied department shall prepare the specifications for the 22 by the return of the registration card and license plate or retroreflective material. In those years in which a metal 23 plates or sufficient proof that the card or plates have been plate is not issued, a revalidation sticker with a 24 lost, the department may refund the proportionate part of the distinctive serial number or other suitable means prescribed 25 license and registration fee paid, based on one twelfth of by the department must be issued and affixed in the space 26 the fee paid for every full calendar month remaining if the provided on the license plate assigned to the vehicle upon 27 vehicle received an annual registration, one twenty-fourth of payment of the fee prescribed for registration and licensing, 28 the fee paid for every full calendar month remaining if the including fees for personalized or special license plates." 29 vehicle received a biennial registration, and one-sixth of 30 the fee paid for every full calendar month remaining if the W. Section 56-3-1510 of the 1976 Code is amended to read: 31 vehicle received a six-month registration in such the 32 registration and license year or one-half year; provided "Section 56-3-1510. The department may issue special motor 33 period. However, that no refund of less than ten dollars vehicle license plates to persons who hold unrevoked and 34 shall may be made under this provision section. unexpired amateur radio licenses of a renewable nature issued 35 (C) Whenever When a vehicle is sold which and is licensed by the Federal Communications Commission, for private motor 36 and registered with a South Carolina apportioned license vehicles registered in the same name. The annual biennial fee 37 plate and the required fee has been paid, the registrant may for such the special license plates shall be one dollar is 38 apply for a refund of the South Carolina apportioned fee two dollars in addition to the regular motor vehicle 39 based on the full months remaining in the license year period registration fee prescribed by Article 5, of this chapter, 40 within ninety days of the date of sale. Notification of the and. Only one set of such the special plates shall may be 41 sale must be provided to the department along with the issued to any a person." 42 license plate and registration card. No refund may be made 43 for less than ten dollars." X. Section 56-3-1520 of the 1976 Code is amended to read: 44
PART II PAGE 787 1 "Section 56-3-1520. Applications for special license special motor vehicle license plate to active members of the 2 plates, as authorized under this article, shall must be made United States Air Force Reserve, United States Army Reserve, 3 on forms provided by the department, and shall contain proof United States Coast Guard Reserve, United States Marine Corps 4 satisfactory to the department that the applicant holds an Reserve, or United States Navy Reserve who are residents of 5 unrevoked and unexpired amateur radio license, and shall the State for a private motor vehicle registered in their 6 state the call letters which have been assigned to the respective names. The annual biennial fee for the special 7 applicant. Applications must be filed with the department by license plate is the regular motor vehicle registration fee 8 July first for the ensuing licensing year period." plus the personalized license plate fee provided by Section 9 56-3-2020 and. Only one plate may be issued to any a 10 Y. Section 56-3-1530 of the 1976 Code is amended to read: person." 11 12 "Section 56-3-1530. The special license plates shall must CC. Section 56-3-1760 of the 1976 Code is amended to read: 13 be of the same size and general design of regular motor 14 vehicle license plates, upon which shall must be imprinted "Section 56-3-1760. The special license plate must be of 15 the official amateur radio call letters of such the persons the same size and general design as regular motor vehicle 16 as assigned by the Federal Communications Commission. Such license plates. The department must shall imprint the special 17 The special plates shall be are for annual biennial periods license plates with the words `United States Military 18 from November first to October thirty-first." Reserve' or an abbreviation selected by the department, 19 together with numbers which the department may determine. 20 Z. Section 56-3-1610 of the 1976 Code is amended to read: The license plate must be for an annual a biennial period 21 which shall expire twelve expires twenty-four months from the 22 "Section 56-3-1610. The department may issue special motor month it is issued." 23 vehicle license plates to emergency medical technicians for 24 private motor vehicles registered in the name of such the DD. Section 56-3-1820 of the 1976 Code is amended to read: 25 technicians. The annual biennial fee for such the special 26 license plates shall be fifteen is thirty dollars in addition "Section 56-3-1820. The special license plates must be of 27 to the regular motor vehicle registration fee prescribed by the same size and general design of regular motor vehicle 28 Article 5 of this chapter and. Only one such special plate license plates, upon which must be imprinted `National Guard' 29 shall may be issued to any a person." and the figure of the `Minute Man', together with numbers as 30 the department may determine. Special license plates for 31 AA. Section 56-3-1630 of the 1976 Code is amended to read: retired members of the National Guard must denote the 32 member's retired status in the location and manner determined 33 "Section 56-3-1630. The special license plates shall must by the department. The annual biennial fee for the special 34 be of the same size and general design of regular motor license plates is fifteen thirty dollars in addition to the 35 vehicle license plates upon which shall must be imprinted the regular motor vehicle registration fee prescribed by Article 36 letters `EMT' and such numbers as the department may 5 of this chapter. The plates must be issued for annual 37 determine. Such The special plates shall be are for annual biennial periods from November first to October 38 biennial periods from November first to October thirty-first." 39 thirty-first." 40 EE. Section 56-3-2010 of the 1976 Code is amended to read: 41 BB. Section 56-3-1750 of the 1976 Code is amended to read: 42 "Section 56-3-2010. (A) The Department of Highways and 43 "Section 56-3-1750. The South Carolina Department of Public Transportation shall provide, upon proper application 44 Highways and Public Transportation (department) may issue a being made, special personalized motor vehicle license plates
PART II PAGE 788 1 to the owner of a private passenger motor vehicle, trucks revenue shall must be deposited to the State Highway Fund as 2 having a rated capacity of not more than five thousand pounds established by Section 57-11-20. The fee is due and payable 3 empty weight or not more than eight thousand pounds gross at the time of the upon application. The department may not 4 vehicle weight, and motorcycles. The personalized plates refund the fee if the personalized plate has already been 5 must be of the design and bear the letters and numerals as manufactured." 6 the department prescribes. However, but there may be no 7 duplication of any registration plates, except that South GG. Section 56-3-2150 of the 1976 Code is amended to read: 8 Carolina members of the United States Congress or members of 9 the South Carolina General Assembly are allowed to may "Section 56-3-2150. The Department of Highways and Public 10 purchase a maximum of the original and two duplicate Transportation may issue special motor vehicle license plates 11 registration plates. The department, in its discretion, may to members of municipal and county councils and to county 12 refuse the issue of letter combinations which may carry coroners of this State for private motor vehicles registered 13 connotations offensive to good taste and decency and may not in their names. The annual biennial fee for these special 14 assign to any a person not holding the relevant office any license plates is the same as the fee provided for in Section 15 letters or numerals denoting the holder to have a public 56-3-2020, and only one plate may be issued to any one a 16 office. councilman or coroner. The plate must be issued or 17 (B) Private passenger motor vehicles and trucks meeting revalidated annually biennially for the regular registration 18 the above specifications in subsection (A) must be assigned and licensing year period." 19 an annual a biennial registration which expires on a 20 staggered monthly basis. In the case Where a current vehicle HH. Section 56-3-2160 of the 1976 Code is amended to read: 21 license plate is currently is displayed, the owner of the 22 vehicle may make application for personalized license plates "Section 56-3-2160. The special plates must be of the same 23 two months in advance of the current registration expiration. size as regular motor vehicle license plates but must be of 24 A sticker reflecting the month of expiration of registration a distinctive design and must bear those letters and numerals 25 must be issued and affixed in the space provided on the as the department prescribes. The plates must be issued or 26 license plate assigned to the vehicle. A personalized revalidated annually biennially for the regular registration 27 license plate issued to a motorcycle expires November and licensing year period." 28 thirtieth of each year two years after issuance. Every 29 personalized license plate issued to members of the General II. Section 56-3-2810 of the 1976 Code is amended to read: 30 Assembly and members of licensed state commissions and boards 31 expires on January thirty-first of each year in which a new "Section 56-3-2810. The South Carolina Department of 32 session of the General Assembly begins. Every vehicle Highways and Public Transportation shall issue special motor 33 registration must be renewed annually biennially upon vehicle license plates to volunteer firemen who request them 34 application by the owner and by payment of the fee required in the manner provided in this article and who are residents 35 by law to take effect on the first day of the month following of the State for private motor vehicles registered in their 36 the expiration of the registration to be renewed." respective names. For the purposes of this article the term 37 `volunteer firemen' means members of organized units 38 FF. Section 56-3-2020 of the 1976 Code is amended to read: providing fire protection without compensation being paid to 39 the members of the units for the service provided and whose 40 "Section 56-3-2020. The fee for the issue of special membership is certified to the municipal clerk or chairman of 41 personalized motor vehicle license plates shall be fifteen is the council of the municipality or county in which their unit 42 thirty dollars each year, which shall be biennially in is based by the chief officer of the unit concerned. The cost 43 addition to the regular motor vehicle registration fee as set of the special license plate as determined by the department 44 forth in Article 5, Chapter 3, of this title and such. This must be paid annually biennially by the requesting volunteer
PART II PAGE 789 1 fireman, and only one license plate may be issued to any one less registered in their names which may have imprinted on 2 a volunteer fireman. The plate must be issued upon the plate any an emblem, a seal, or other symbol the 3 application being made therefor, in a manner and upon forms department considers appropriate of a public college or 4 which must be prescribed by the department, and upon approval university, or independent institution of higher learning, 5 of the application by the department." defined in Section 59-113-50, located in this State. A 6 school may submit to the department for its approval the 7 JJ. Section 56-3-2820 of the 1976 Code is amended to read: emblem, seal, or other symbol it desires to be used for its 8 respective special license plate. A school also may request 9 "Section 56-3-2820. The special license plates, which must a change in the emblem, seal, or other symbol not more than 10 be of the same size and general design of regular motor once every five years. The fee for this special license 11 vehicle license plates, must be and imprinted with the words plate is thirty-five seventy dollars each year which is every 12 `Volunteer Fireman' together with numbers as the department two years in addition to the regular motor vehicle 13 may determine. The plates are for annual biennial periods as registration fee as set forth in Article 5, Chapter 3 of this 14 provided by law." title. This special license plate must be of the same size 15 and general design of regular motor vehicle license plates. 16 KK. Section 56-3-3310 of the 1976 Code is amended to read: The special license plates must be issued or revalidated for 17 an annual a biennial period which expires twelve twenty-four 18 "Section 56-3-3310. The South Carolina Department of months from the month they are issued. 19 Highways and Public Transportation may issue a special motor (B) The fees collected pursuant to this section must be 20 vehicle license plate to a recipient of the Purple Heart. distributed to a separate fund for each of the respective 21 The annual biennial fee for the special license plate is the colleges, universities, or independent institutions of higher 22 same as the fee provided for in Section 56-3-2020, and only learning. Each fund must be administered by the school and 23 one plate may be issued to any a person. The application for must may be used only for academic scholarships. Funds 24 a special plate must include proof that the applicant is a collected for state colleges and universities must be 25 recipient of the Purple Heart." deposited with the State Treasurer. Funds collected for 26 independent institutions must be deposited in an account 27 LL. Section 56-3-3320 of the 1976 Code is amended to read: designated by the respective school. The distribution is 28 based on the total number of special license plates sold and 29 "Section 56-3-3320. The special license plates must be of on the number sold for the respective school as follows: 30 the same size as regular motor vehicle license plates, upon (1) one thousand or less total special license plates 31 which must be imprinted on the left side of the plates the sold: twenty-six fifty-two dollars to the department and nine 32 distinctive Purple Heart insignia with numbers and designs eighteen dollars to the school for each special license plate 33 determined by the department. The license plate must be sold for the respective school; 34 issued for an annual a biennial period which shall expire (2) more than one thousand and less than two thousand 35 twelve expires twenty-four months from the month in which the total special license plates sold: twenty-one forty-two 36 special license plate is issued." dollars to the department and fourteen twenty-eight dollars 37 to the school for each special license plate sold for the 38 MM. Section 56-3-3710 of the 1976 Code is amended to read: respective school; 39 (3) two thousand or more total special license plates 40 "Section 56-3-3710. (A) The Department of Highways and sold: fifteen thirty dollars to the department and twenty 41 Public Transportation may issue special motor vehicle license forty dollars to the school for each special license plate 42 plates to owners of private passenger-carrying motor vehicles sold for the respective school. 43 or light pickups having an empty weight of five thousand (C) The department must shall receive one hundred or more 44 pounds or less and a gross weight of eight thousand pounds or applications requesting a special license plate for a school
PART II PAGE 790 1 before a specialized license plate may be developed for that period which expires twelve twenty-four months from the month 2 school." they are issued." 3 4 NN. Section 56-3-3910 of the 1976 Code is amended to read: PP. Section 56-3-375 of the 1976 Code is repealed. 5 6 "Section 56-3-3910. The department may issue a special QQ. This section takes effect July 1, 1992. 7 commemorative motor vehicle license plate commemorating the 8 fiftieth anniversary of the introduction of the State Dance, 9 the Shag, in 1988. The annual biennial fee for the SECTION 13 10 commemorative license plate is twenty-five fifty dollars in 11 addition to the regular motor vehicle registration fee TO AMEND SECTION 11-9-820, OF THE 1976 CODE, RELATING TO THE 12 prescribed by Article 5 of this chapter. This license plate BOARD OF ECONOMIC ADVISORS, SO AS TO REVISE THE MEMBERSHIP OF 13 must be of the same size and general design of regular motor THE BOARD; TO AMEND THE 1976 CODE BY ADDING SECTION 11-9-825 14 vehicle license plates. The plate must be issued or SO AS TO PROVIDE FOR THE FULL-TIME STAFF OF THE BOARD 15 revalidated annually biennially for the year two years BEGINNING JULY 1, 1992, AND FOR OTHER OFFICIALS WHO SHALL 16 beginning December first and ending November thirtieth PROVIDE SUPPLEMENTAL ASSISTANCE TO THE FULL-TIME STAFF OF THE 17 twenty-four months later. License number `one' for the Shag BOARD; TO AMEND SECTION 11-9-840, RELATING TO CERTAIN 18 license plate is reserved for the president of the Columbia PROCEDURES OF THE BOARD INCLUDING ITS MEETING DATES, SO AS TO 19 Shag Club in Richland County." REVISE THE MEETING DATES; TO AMEND SECTION 11-9-880, RELATING 20 TO THE FORECAST OF ECONOMIC CONDITIONS BY THE BOARD, SO AS TO 21 OO. Section 56-3-3950 of the 1976 Code is amended to read: REVISE THE MANNER IN WHICH THE BOARD MONITORS AND REVIEWS THE 22 FLOW OF REVENUE FOR THE CURRENT FISCAL YEAR IN COMPARISON TO 23 "Section 56-3-3950. The department may issue a special THE CURRENT YEAR'S FORECAST; AND TO AMEND THE 1976 CODE BY 24 commemorative `Keep South Carolina Beautiful' motor vehicle ADDING SECTION 1-11-23 SO AS TO PROVIDE THAT VACANCIES IN THE 25 license plate to establish a special fund to be used by the POSITION OF DIRECTOR OF THE BUDGET DIVISION OF THE STATE 26 department for the purposes of beautifying the state's roads BUDGET AND CONTROL BOARD MUST BE FILLED BY APPOINTMENT OF THE 27 and highways. The department, in implementing this program, BUDGET AND CONTROL BOARD. 28 may not expend beautification funds for wildflowers without 29 prior approval of the South Carolina Department of A. Section 11-9-820 of the 1976 Code is amended to read: 30 Agriculture. The Department of Agriculture shall ensure, 31 before granting approval, that the varieties of wildflowers "Section 11-9-820. There is created The Board of Economic 32 used in beautification are not harmful to agriculture at or Advisors as follows: 33 near a proposed project. The annual biennial fee for the (1) One member, not a state employee, appointed by the 34 commemorative license plate is twenty-seven fifty-four Budget and Control Board appointed by the Governor who 35 dollars each year and of this amount twelve twenty-four possesses specific working knowledge and experience in 36 dollars of this fee must be placed in a special `Keep South economics, revenue forecasting, and the state budget process. 37 Carolina Beautiful' fund. This annual biennial fee is in This person shall serve as chairman. 38 addition to the regular motor vehicle registration fee as set (2) Chairman of the State Tax Commission. 39 forth in Article 5, Chapter 7 of this title. The (3) Director of the Research and Statistical Services 40 commemorative plate must be of the same size and general Budget Division, Budget and Control Board. 41 design of regular motor vehicle license plates and must be (4) Chief Economist, Division of Research and Statistical 42 imprinted with the words `Keep South Carolina Beautiful'. The Services One member appointed by the Chairman of the House 43 plates must be issued or revalidated for an annual a biennial Ways and Means Committee who possesses specific working
PART II PAGE 791 1 knowledge and experience in economics, revenue forecasting, projection, for a specified period of time, shall first 2 and the state budget process. notify the office of the Chairman of the Board of Economic 3 (5) One member appointed by the Chairman of the Senate Advisors who must bring it to the attention of the Governor 4 Finance Committee who possesses specific working knowledge prior to any independent adjustment in the appropriations or 5 and experience in economics, revenue forecasting, and the requests of the revenue or expenditures for a particular 6 state budget process. year. The Ways and Means Committee in the House of 7 The Chairman of the Board of Economic Advisors shall report Representatives and the Senate Finance Committee shall must 8 directly to the Governor to establish policy governing be the first to be notified subsequent to notifying the 9 economic trends. The Office of the Board of Economic Advisors Governor and shall must be informed simultaneously. 10 shall be staffed on a permanent basis within the Research and The Board of Economic Advisors shall formally meet 11 Statistical Services Division, Budget and Control Board. The regularly in the fall and spring of the year. Other meetings 12 office of the Executive Director, Budget and Control Board may be on a quarterly basis and at the call of the Governor, 13 shall provide any additional administrative and logistical the General Assembly, or the Chairman of the Board, or at the 14 support that may be required for the Advisors to carry out request of any member of the Board who believes a meeting is 15 the provisions of this section. The Executive Director of the necessary due to existing financial circumstances. 16 Budget and Control Board shall assist the Governor and the The Board of Economic Advisors is the official voice of the 17 Chairman of the Board of Economic Advisors in providing an State in economic matters and shall speak as one voice 18 effective system for compiling and maintaining current and through the guidance and direction of the chairman. 19 reliable economic data." Individual members shall not speak or report individually on 20 findings and status of economic developments." 21 B. The 1976 Code is amended by adding: 22 D. Section 11-9-880 of the 1976 Code is amended to read: 23 "Section 11-9-825. Beginning July 1, 1992, and as 24 authorized by the General Assembly in the annual general "Section 11-9-880. (A) The Board of Economic Advisors 25 appropriations act, the staff of the Board of Economic shall make an initial forecast of economic conditions in the 26 Advisors (BEA) shall consist of three full-time employees: a State and state revenues for the next fiscal year no later 27 chief economist, a clerical staff member, and one than November first tenth of each year. Adjustments to the 28 professional analyst. This staff shall be supplemented by the forecast must be considered on December first tenth and 29 following officials who each shall designate one professional January first tenth. A final forecast for the next fiscal 30 from their individual staffs to assist the BEA staff on a year must be made on February fifteenth. The February 31 regular basis: the Governor, the Chairman of the House Ways fifteenth forecast may be adjusted monthly if the board 32 and Means Committee, the Chairman of the Senate Finance determines that changing economic conditions have affected 33 Committee, the State Tax Commission Chairman, and the the February fifteenth forecast. Prior to making or adjusting 34 Director of the Budget Division of the Budget and Control any forecast, the board must consult with outside economic 35 Board. The BEA staff shall meet monthly with these designees experts with respect to national and South Carolina economic 36 in order to solicit their input." business conditions. All forecasts and adjusted forecasts 37 must contain: 38 C. Section 11-9-840 of the 1976 Code is amended to read: (1) a brief description of the econometric model and all 39 assumptions and basic decisions underlying the forecasts; 40 "Section 11-9-840. In the organizational and procedural (2) a projection of state revenues on a quarterly basis; 41 framework governing the formulation, evaluation, and (3) separate discussions of any industry which employs 42 continuing review of revenues and expenditures, any more than twenty percent of the state's total nonagricultural 43 appropriate governmental entity identifying or requesting a employment and separate projections for these industries. 44 change in the official revenue and expenditure forecast or
PART II PAGE 792 1 (B) The Board shall compare during the first three TABLED (Dental License Renewal Fee) 2 quarters of each fiscal year its forecast of state revenues 3 with actual state income. The Board shall review General Fund 4 revenue collections each year by December 31 and provide to SECTION 15 5 the governor, Budget and Control Board, and General Assembly 6 a synopsis of the revenue outlook for the next six months. In TO AMEND THE 1976 CODE BY ADDING CHAPTER 52 IN TITLE 48, 7 addition to fulfilling its economic and revenue forecasting RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, SO AS 8 responsibilities for future fiscal years, the board at each TO ESTABLISH THE STATE ENERGY OFFICE WITHIN THE DIVISION OF 9 session shall monitor and review the flow of revenue for the GENERAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD, TO 10 current fiscal year in comparison to current year revenue PROVIDE THAT PERSONNEL AND FUNDING FOR THIS OFFICE MUST BE 11 estimates. If actual revenue collections represent an overall DERIVED FROM EXISTING STATE GOVERNMENT PERSONNEL AND 12 shortfall for any quarter of over one and one-half percent of FINANCIAL RESOURCES AVAILABLE TO THE STATE, AND TO ESTABLISH 13 projected revenue collections for that quarter, a synopsis THE ENERGY ADVISORY COMMITTEE AND PROVIDE FOR ITS MEMBERSHIP, 14 must be prepared which shall include a detailed analysis of POWERS, AND DUTIES. 15 the factors contributing to the shortfall, the impact of the 16 shortfall for the present fiscal year, a projection of A. Title 48 of the 1976 Code is amended by adding: 17 whether the shortfall will be compensated for in the 18 remaining quarters of the present fiscal year, and the impact "CHAPTER 52 19 of the shortfall on revenue estimates for the ensuing fiscal 20 year. In addition, a similar detailed synopsis must be State Energy Office 21 provided if a shortfall of one and one-half percent or more 22 is experienced in any of the following individual revenue Section 48-52-10. There is established the State Energy 23 categories: sales and use taxes, individual income taxes, Office within the Division of General Services of the State 24 corporate income taxes, taxes on insurance premiums including Budget and Control Board which shall serve as the principal 25 workers' compensation insurance, and earnings on investments. energy planning entity for the State. Its primary purpose is 26 (C) All forecasts, adjusted forecasts, and reports of the to develop and implement a well-balanced energy strategy and 27 Board of Economic Advisors, including the synopsis of the to increase the efficient use of all energy resources 28 current year's review as required by subsection (B), must be throughout South Carolina through the implementation of the 29 published and reported to the Governor, the members of the Plan for State Energy Policy. 30 Budget and Control Board, and provided to the members of the 31 General Assembly and made available to the news media." Section 48-52-20. In carrying out the purposes of the Plan 32 for State Energy Policy, the State Energy Office shall: 33 E. The 1976 Code is amended by adding: (1) provide, in cooperation and conjunction with the 34 Governor's Office, informational and technical assistance 35 "Section 1-11-23. Vacancies in the position of Director programs to assist with residential, commercial, 36 of the Budget Division of the State Budget and Control Board governmental, industrial, and transportation conservation and 37 must be filled by appointment of the Budget and Control efficiency; 38 Board." (2) promote, in conjunction with the South Carolina 39 Energy Research and Development Center and the Governor's 40 F. This section takes effect July 1, 1992. Office, continued and expanded energy research and 41 development programs geared toward the energy needs of the 42 State; 43 SECTION 14 (3) evaluate and certify energy conservation products; 44
PART II PAGE 793 1 (4) in cooperation with the Governor's Office and other governmental, and utility sectors and measures of progress 2 appropriate entities, examine and consider the desirability for these goals; 3 and feasibility of mechanisms for tax incentives, low-interest loans, and (c) identification of obstacles to efficiency for which 4 other financing means for cost-effective legislative, regulatory, or other governmental remedies are 5 energy consideration and efficiency and use of renewable and appropriate. 6 indigenous energy resources, and advocate their 7 implementation when deemed appropriate; Section 48-52-40. (A) Funding for the State Energy Office 8 (5) work with the Public Service Commission to promote must be derived from financial resources available to the 9 appropriate financial incentives for electric utilities to State and may be derived from such oil overcharge funds as 10 maximize the use of cost-effective demand-side options in are available and appropriate. Personnel for the State 11 meeting future energy needs; Energy Office must be derived from the consolidation of 12 (6) promote the adoption and use of energy efficient existing state government personnel slots, to the extent 13 building codes and certification procedures for builders, possible. The Director of the State Energy Office must be 14 heating and cooling specialists, and building inspectors; appointed by the State Budget and Control Board upon the 15 (7) promote energy efficiency in manufactured housing; recommendation of the executive director. 16 (8) promote the use of less-polluting transportation (B) Pursuant to Section 2-65-20, The State Energy Office 17 fuels, public transportation and other transportation shall submit all proposed projects for funding with oil 18 alternatives, higher mileage and less-polluting vehicles, and overcharge funds to the Joint Appropriations Review Committee 19 work with state and local entities through policy for approval. 20 development, planning, and advocacy to encourage reduction in 21 the need for vehicle travel. Section 48-52-50. There is established the Energy Advisory 22 (9) ensure that state government agencies establish Committee, whose members are appointed by the State Budget 23 comprehensive energy efficiency plans and become models for and Control Board, except as provided in item (14) of this 24 energy efficiency in South Carolina, and assist the section. Members shall serve at the pleasure of the State 25 Department of Education in achieving energy efficiency in Budget and Control Board except that those appointed pursuant 26 public schools; to item (14) shall serve for a term coterminous with that of 27 (10) collect energy data and provide energy information their appointing authority. The committee is composed as 28 clearinghouse functions in conjunction with the Governor's follows: 29 Office, and conduct long-range energy planning; (1) two representatives of investor-owned electricity and 30 (11) assist the Governor's Office and the General Assembly gas companies; 31 in defining the public economic and environmental interest on (2) two representatives of electric cooperatives; 32 issues related to energy production, transportation, and use (3) one representative of the South Carolina Public 33 and provide information on the public interest in appropriate Service Authority; 34 forums, including the Public Service Commission. (4) one representative of municipalities; 35 (5) one representative of public-owned natural gas 36 Section 48-52-30. The State Energy Office shall annually companies; 37 submit to the Governor and Joint Legislative Committee on (6) one representative of counties; 38 Energy a state energy action plan that includes, but is not (7) one representative of oil suppliers or dealers; 39 limited to: (8) one representative of propane suppliers or dealers; 40 (a) activities by the State Energy Office to carry out the (9) one representative of nonprofit public transportation 41 Plan for State Energy Policy; providers; 42 (b) long-term quantitative and qualitative energy goals (10) two representatives of industrial consumers; 43 for the residential, commercial, industrial, transportation, (11) two representatives of commercial consumers; 44 (12) two representatives of individual consumers;
PART II PAGE 794 1 (13) two representatives of environmental groups; and SECTION 17 2 (14) three at-large members, one each appointed by the 3 Governor, Speaker of the House of Representatives, and the TO AMEND SECTION 44-56-170, AS AMENDED, OF THE 1976 CODE, 4 President of the Senate. RELATING TO HAZARDOUS WASTE DISPOSAL FEES AND THE DISPOSITION 5 Committee members shall elect one of their members to serve OF THESE FEES, SO AS TO IMPOSE ADDITIONAL FEES ON THE 6 as chairman. DISPOSAL OF HAZARDOUS AND NONHAZARDOUS WASTE AT A PERMITTED 7 The Energy Advisory Committee shall serve an advisory SITE, TO IMPOSE ADDITIONAL FEES ON THE INCINERATION OF OUT-OF-STATE 8 function to the State Energy Office. The Committee shall HAZARDOUS WASTE AT COMMERCIAL FACILITIES, TO DEFINE 9 meet at least once each quarter to receive information on the "INCINERATION" AND PROVIDE FOR COLLECTING THE FEES ON 10 activities of the State Energy Office and the formulation and INCINERATION, TO ESTABLISH THE PINEWOOD DEVELOPMENT FUND AND 11 implementation of the state energy action plan. It may PROVIDE THAT A PORTION OF THE FEES IMPOSED BE CREDITED TO 12 comment and advise on the activities and the plan as THIS FUND AND TO THE SOUTH CAROLINA HAZARDOUS WASTE 13 considered appropriate by committee members. The State CONTINGENCY FUND AND TO PROVIDE FOR THE USE OF THE FUNDS. 14 Energy Office may seek advice and guidance from the committee 15 as considered appropriate by the director of the office. A. Section 44-56-170 of the 1976 Code is amended by adding: 16 Members of the committee shall serve without compensation 17 and are not eligible for mileage, subsistence, or per diem." "(F) Fees for the disposal of hazardous and nonhazardous 18 waste at the Pinewood Hazardous Waste Landfill and for the 19 B. This section takes effect July 1, 1992. incineration of hazardous waste at commercial facilities are 20 imposed in accordance with the following schedule. These 21 fees are in addition to other fees imposed by law. 22 SECTION 16 (1) Disposal at Pinewood: 23 In-state hazardous $ 5.00 a ton 24 TO AMEND SECTION 48-23-100 OF THE 1976 CODE, RELATING TO THE Out-of-state hazardous $10.00 a ton 25 SEEDLING PROGRAM OF THE STATE COMMISSION OF FORESTRY, SO AS In-state nonhazardous $ 2.50 a ton 26 TO AUTHORIZE THE REFUND OF DEPOSITS FOR SEEDLING ORDERS AND Out-of-state nonhazardous$ 6.50 a ton 27 THE PURCHASE AND RESALE OF SEEDLINGS WHEN DEMAND EXCEEDS (2) Incineration: 28 SUPPLY, AND TO REQUIRE THAT REVENUE RECEIVED FROM RESALE AND Out-of-state hazardous $17.50 a ton 29 DISTRIBUTION OF SEEDLINGS MUST BE RETAINED IN A SEEDLING `Incineration', as used in this subsection, includes 30 PURCHASE REVOLVING FUND AND EXPENDED ONLY FOR THAT PURPOSE. hazardous waste incinerators, boilers, and industrial 31 furnaces. The fees imposed must be collected by these 32 Section 48-23-100 of the 1976 Code is amended by adding: facilities from the generators utilizing these sites and 33 remitted to the department on a quarterly basis. 34 "The commission may refund deposits placed with it for tree (G) There is created in the office of the State Treasurer 35 seedling orders. the Pinewood Development Fund. Ten percent of the fees 36 When demand for forest tree seedlings from landowners in imposed pursuant to subsection (F)(1) for the disposal of 37 this State exceeds the supply available from commission hazardous and nonhazardous waste at the Pinewood landfill 38 nurseries, the commission may purchase seedlings for resale must be deposited in the Pinewood Development Fund. This 39 at cost plus shipping and one dollar a thousand for fund must be used for economic development in the Pinewood 40 administrative costs. The revenue received from the resale area within a five-mile radius of the landfill in Sumter or 41 and distribution of these seedlings must be retained in a Clarendon County. Expenditure of these funds must be 42 seedling purchase revolving fund and expended only for that approved by a majority of the following: 43 purpose." (1) the chairman of the Sumter County Council or a 44 council member designated by the chairman;
PART II PAGE 795 1 (2) the chairman of the Clarendon County Council or a State. From the fund created for permitted sites, an amount 2 council member designated by the chairman; equal to one dollar a ton for hazardous waste must be held 3 (3) one member of the Sumter County Council who separate and distinct within the fund for the purpose of 4 represents the geographical area within which this fund may being returned to the governing body of a county in which a 5 be used for economic development; permitted commercial land disposal facility is located. Of 6 (4) one member of the Clarendon County Council who the fee imposed under Section 44-56-170(E), one dollar a ton 7 represents the geographical area within which this fund may must be returned to the governing body of a county in which 8 be used for economic development. a permitted commercial land disposal facility is located. The 9 All funds in the Pinewood Development Fund, including funds returned to a county must be used by the local law 10 interest earned on the fund, must be remitted quarterly by enforcement, fire, health care, and emergency units to 11 the State Treasurer to the City of Pinewood and expended provide protection, assistance, and emergency preparedness 12 pursuant to this subsection." for any contingency which might arise from the transportation 13 and disposal site within the county. The county governing 14 B. This section takes effect July 1, 1992. body shall distribute the funds in an equitable manner to the 15 involved local units including, but not limited to, 16 municipalities and special purpose districts, as well as 17 SECTION 18 county entities. The State Treasurer shall disburse the 18 funds quarterly to counties which contain commercial 19 TO AMEND SECTION 44-56-160, AS AMENDED, OF THE 1976 CODE, hazardous waste land disposal sites. Any interest accruing 20 RELATING TO THE HAZARDOUS WASTE CONTINGENCY FUND, SO AS TO from the management of the funds held pursuant to this 21 REQUIRE INTEREST ACCRUED ON THE FUND TO BE CREDITED TO THE section must be credited to the contingency general fund of 22 GENERAL FUND. the State, except investment earnings on the permitted site 23 fund which must be credited to that fund. 24 A. Section 44-56-160 of the 1976 Code, as last amended by (B) There is created a Pinewood Hazardous Waste 25 Act 196 of 1989, is further amended to read: Contingency Fund to ensure the availability of funds for 26 response actions necessary at the hazardous waste landfill 27 "Section 44-56-160. (A)The Department of Health and located adjacent to the Town of Pinewood. This contingency 28 Environmental Control is directed to establish a Hazardous fund is financed from the fee provided in Section 29 Waste Contingency Fund to ensure the availability of funds 44-56-170(C) and (E). Of the fifteen and eighteen dollars a 30 for response actions necessary at permitted hazardous waste ton, respectively, collected under those subsections which is 31 landfills, and necessary from accidents in the transportation used to defray the cost of governmental response actions at 32 of hazardous materials, and to defray the costs of uncontrolled hazardous waste sites, fifty cents a ton must be 33 governmental response actions at uncontrolled hazardous waste set aside and used exclusively for the Pinewood Hazardous 34 sites. The contingency fund must be financed through the Waste Contingency Fund. The monies from this fund must be 35 imposition of fees provided in Sections 44-56-170 and returned to the governing body of the Town of Pinewood which 36 44-56-510 and annual appropriations which must be provided by must be used by its law enforcement, fire, health care, and 37 the General Assembly. An amount equal to three dollars a ton emergency units to provide protection, assistance, and 38 for wastes reported under Section 44-56-170(A), four dollars emergency preparedness for any contingency which might arise 39 a ton for wastes reported under Section 44-56-170(E), one from the transportation and disposal site within the 40 dollar a ton for wastes reported under Section 44-56-510(1), municipality. The State Treasurer shall disburse the funds 41 and two dollars a ton for wastes reported under Section quarterly to the governing body of the Town of Pinewood. Any 42 44-56-510(2) must be held separate and distinct within the interest accruing from the management of the funds held 43 fund for the purpose of response actions arising from the pursuant to this section must be credited to this contingency 44 operation of the permitted land disposal facilities in this fund."
PART II PAGE 796 1 B. This section takes effect July 1, 1992. A. Section 44-93-170 of the 1976 Code, as amended by Section 2 6B, Part II, Act 612 of 1990, is further amended to read: 3 4 SECTION 19 "Section 44-93-170. The department shall establish an 5 Infectious Waste Contingency Fund to insure the availability 6 TO AMEND SECTION 12-23-810 OF THE 1976 CODE, RELATING TO THE of funds for response actions necessary at commercial 7 TAX ON LICENSED HOSPITALS, SO AS TO REVISE THE IMPOSITION infectious waste treatment facilities and necessary from 8 FORMULA OF THE TAX AND TO PROVIDE THAT ANNUAL REVENUE OF THE accidents in the transportation of infectious waste and to 9 TAX MUST EQUAL THIRTY RATHER THAN TWENTY-ONE AND ONE-HALF defray the cost of governmental response action associated 10 MILLION DOLLARS. with infectious waste. This fund must be financed by the 11 fees imposed pursuant to Section 44-93-160. The revenue 12 A. Subsections (A) and (C) of Section 12-23-810 of the 1976 derived from the fees on waste must be credited to the 13 Code, as last amended by Act 105 of 1991, are further amended Infectious Waste Contingency Fund as follows: an amount equal 14 to read: to two-thirds of the fees must be deposited into the fund and 15 an amount equal to one-third of the fees must be held in a 16 "(A) Every hospital licensed as a general hospital by the separate and distinct account within the fund for the purpose 17 Department of Health and Environmental Control is subject to of being returned to each county in which the fee imposed by 18 the payment of an excise, license, or privilege tax. Each Section 44-93-160 is collected. When the amount of fees held 19 hospital's tax must be based on its number of Medicaid in the Infectious Waste Contingency Fund meets or exceeds 20 patient days from the prior year as a percentage of total five million dollars, two-thirds of all subsequent fees 21 statewide Medicaid days. Each hospital's tax must be based collected must be remitted to the Hazardous Waste Contingency 22 on its total number of patient days from the prior year, Fund established pursuant to Section 44-56-160(A) to assist 23 excluding medicaid patient days, adjusted by the hospital's in defraying the costs of governmental response actions at 24 ratio of total net to gross patient revenue. Net patient uncontrolled hazardous waste sites, with the remaining 25 revenue for purposes of this formula is defined as gross one-third of all subsequent fees collected pursuant to 26 patient revenue less contractual allowances, bad debts, Section 44-93-160 continuing to be placed into a separate and 27 uncompensated indigent care, property taxes, and state and distinct account for counties as provided in this item. 28 federal income taxes. Interest earned by the funds must be credited to the general 29 fund of the State and that portion of interest earned 30 (C) Total annual revenues from the tax, exclusive of attributable to the county account must be credited to the 31 penalties and interest, in subsection (A) of this section county account. Interest credited to the county account must 32 must equal twenty-one and one-half thirty million dollars." be distributed in the same proportion as funds are 33 distributed to counties pursuant to this section. Proceeds 34 B. This section takes effect July 1, 1992. of the county account returned to a county pursuant to this 35 section must be released by the State Treasurer upon the 36 written request of a majority of the legislative delegation 37 SECTION 20 of the recipient county." 38 39 TO AMEND SECTION 44-93-170, AS AMENDED, OF THE 1976 CODE, B. This section takes effect July 1, 1992. 40 RELATING TO THE INFECTIOUS WASTE CONTINGENCY FUND, SO AS TO 41 PROVIDE THAT THE INTEREST EARNED BY THE FUND BE CREDITED TO 42 THE GENERAL FUND. 43 SECTION 21 44
PART II PAGE 797 1 TO AMEND SECTIONS 41-43-20, 41-43-50, 41-43-90, 41-43-100, "The authority shall retain unexpended funds at the close 2 41-43-110, 41-43-160, 41-43-210, 41-43-220, 41-43-230, AND of the state fiscal year regardless of the source of the 3 41-43-280, ALL OF THE 1976 CODE, RELATING TO DEFINITIONS, funds and expend the funds in subsequent fiscal years. 4 EARNINGS, POWERS, ADDITIONAL POWERS, USE OF BOND PROCEEDS, Nothing contained in this chapter may be construed to imply 5 LOAN PROGRAMS, ADMINISTRATIVE FUNDS, DISPOSITION OF PROPERTY, that the authority may not receive state general 6 AND CUMULATIVE EFFECT PROVISIONS OF THE SOUTH CAROLINA appropriation funds or state general obligation bond 7 JOBS-ECONOMIC DEVELOPMENT AUTHORITY, SO AS TO REVISE THE proceeds." 8 DEFINITIONS OF "ADMINISTRATIVE FUNDS" AND "PROGRAM FUNDS" AND 9 PROVIDE THAT THESE FUNDS INCLUDE EARNINGS, TO REVISE THE C. (1) That portion of Section 41-43-90 of the 1976 Code 10 POWERS OF THE AUTHORITY IN ACQUIRING PROPERTY, INCLUDING which precedes item (A) is amended to read: 11 EXEMPTING THE AUTHORITY FROM THE SOUTH CAROLINA CONSOLIDATED 12 PROCUREMENT CODE, DELETE CERTAIN INVESTMENT REQUIREMENTS, "The authority has the rights and powers of is a public 13 AUTHORIZE GRANTS, EXEMPT EMPLOYEES AND PERSONNEL PROCEDURES body, politic and corporate and body corporate of this State, 14 FROM STATE EMPLOYEE GRIEVANCE PROCEDURES AND THE PROCUREMENT including without limitation all the rights and powers 15 CODE, AUTHORIZE REFUNDING OF BONDS, DELETE AN OBSOLETE necessary or convenient to manage the business and affairs of 16 REFERENCE TO THE AUTHORITY OF THE STATE BUDGET AND CONTROL the authority and to take action it considers advisable, 17 BOARD TO APPROVE RATES OF INTEREST, TO AUTHORIZE LOAN necessary, or convenient in carrying out its powers, 18 PROCEEDS TO FINANCE WORKING CAPITAL AND PROVIDE FOR THE including but not limited to, the following rights and powers 19 SERVICING OF LOANS, TO REVISE THE HANDLING OF FUNDS, TO and an agency of the State and may:" 20 AUTHORIZE PROGRAM FUNDS TO PAY ADMINISTRATIVE EXPENSES, TO 21 REVISE PROPERTY DISPOSAL PROVISIONS, TO PROVIDE THAT THE (2) Items (E), (I), (J), (N), and (O) of Section 41-43-90 22 AUTHORITY IS A STATE AGENCY FOR PURPOSES OF TORT LIABILITY of the 1976 Code are amended to read: 23 BUT IS NOT CONSIDERED AN AGENCY FOR BUDGET REQUESTS OR THE 24 AUTHORITY OF THE JOINT LEGISLATIVE COMMITTEE ON PERSONAL "(E) Acquire by purchase, donation, exchange, or 25 SERVICE FINANCING AND BUDGETING. otherwise, hold, improve, mortgage, pledge or otherwise 26 encumber, manage, lease, convey, transfer, or dispose of any 27 A. Items (C) and (E) of Section 41-43-20 of the 1976 Code real or personal property, whether tangible or intangible, 28 are amended to read: together with such rights and privileges as may be incidental 29 and appurtenant thereto. To the extent that administrative 30 "(C) `Administrative funds' means all monies received by funds are involved, the authority must comply with the 31 the authority from the general fund of the State or from the provisions of the South Carolina Consolidated Procurement 32 exercise of the power of taxation by the State or any of its Code. To the extent that the liability of the authority is 33 political subdivisions which are designated specifically to limited to program funds, any such acquisition or disposition 34 be used for the payment of administrative expenses, and the may be pursuant to public or private sale upon such terms and 35 earnings on the funds. conditions as the authority may approve in accordance with 36 prudent business practices. 37 (E) `Program funds' means any monies including, but not Notwithstanding any provision of law or regulation to the 38 limited to, the proceeds from bond sales, the sale or contrary, and in accordance with its own procedures and 39 disposition of any assets, or any other source available to regulations, acquire, purchase, hold, use, improve, manage, 40 the authority, other than administrative funds and the lease, mortgage, pledge, sell, transfer, and dispose of any 41 earnings on the funds." property, real, personal, or mixed, or any interest in any 42 property, or revenues of the authority, including as security 43 B. Section 41-43-50 of the 1976 Code is amended by adding at for notes, bonds, evidences of indebtedness, or other 44 the end: obligations of the authority. In exercising the powers
PART II PAGE 798 1 authorized in this chapter the authority is exempt from the "Section 41-43-100. In addition to other powers vested in 2 provisions of Chapter 35 of Title 11. The authority has no the authority by existing laws, the authority shall have has 3 power to pledge the credit and the taxing power of the State all powers granted the several counties and incorporated 4 or any of its political subdivisions. municipalities of this State pursuant to the provisions of 5 Title 4, Chapter 29 of Title 4, Code of Laws of South 6 (I) Program funds shall be deposited and invested in Carolina, 1976, including the issuance of bonds by the 7 accordance with Sections 6-5-10, 11-9-660 and 11-9-661, Code authority and the refunding of bonds issued under that 8 of Laws of South Carolina, 1976, and any other investment chapter. The authority may issue bonds upon receipt of a 9 which may be lawful for public funds and funds may be certified resolution by the county or incorporated 10 withdrawn by the authority in implementing the provisions of municipality in which the project, as defined in Title 4, 11 this act. Chapter 29 of Title 4, of the 1976 Code is or will be 12 Reserved. located, containing the findings set forth in Section 4-29-60 13 of the 1976 Code and evidence of a public hearing held not 14 (J) Make commitments, guarantees, grants, or loans less than fifteen days after publication of notice in a 15 utilizing any of its program funds to or on behalf of newspaper of general circulation in the county in which the 16 persons, partnerships, firms, corporations, agencies, or project is or will be located. The authority may combine for 17 entities, whether public or private, in accordance with the the purposes of a single offering bonds to finance more than 18 provisions of this act chapter and under terms as are not one project but no more than one million dollars of the 19 inconsistent with any existing obligation, including any proceeds of any such composite bonds issued by the authority 20 obligation imposed as a condition of the receipt of any such must be used to finance projects for any principal user or 21 program funds. related person within a single political subdivision. Nothing 22 must prevent any person or entity from applying for 23 (N) Appoint officers, agents, employees, and consultants, subsequent loans authorized under this section to the extent 24 prescribe their duties, and fix their compensation. that retirement of outstanding indebtedness permits. The 25 Employ and dismiss, at the will and pleasure of the interest rate of bonds issued pursuant to this section is not 26 authority, officers, agents, employees, consultants, and subject to approval by the State Budget and Control Board 27 other providers of services as the authority considers under Section 11-9-350 of the 1976 Code." 28 necessary and appropriate and to fix and to pay their 29 compensation. The provisions of Article 5, Chapter 17 of E. Section 41-43-110(A) of the 1976 Code is amended to read: 30 Title 8, and Chapter 35 of Title 11 do not apply. 31 "(A) The authority is authorized to may issue bonds to 32 (O) Impose reasonable fees and charges for rendering services provide funds for any program authorized by this act chapter. 33 which, unless otherwise provided for under proceedings The bonds authorized by this act chapter are limited 34 authorizing any of its bonds, may be used by it for any of obligations of the authority. The principal and interest are 35 its authorized purposes. payable solely out of the revenues derived by the authority. 36 Fix, alter, charge, and collect reasonable tolls, fees, The bonds issued do not constitute an indebtedness of the 37 rents, charges, and assessments for the use of the facilities State or the authority within the meaning of any state 38 of, or for the services rendered by, the authority the rates constitutional provision or statutory limitation. They are an 39 to be at least sufficient to provide for payment of all indebtedness payable solely from a revenue producing source 40 expenses of the authority." or from a special source which does not include revenues from 41 any tax or license. The bonds do not constitute nor give rise 42 D. Section 41-43-100 of the 1976 Code is amended to read: to a pecuniary liability of the State or the authority or a 43 charge against the general credit of the authority or the 44 State or taxing powers of the State and this fact must be
PART II PAGE 799 1 plainly stated on the face of each bond. The bonds may be be used to finance working capital. The authority shall 2 executed and delivered at any time as a single issue or from require as a condition of each loan made pursuant to this 3 time to time as several issues, may be in such form and section that the loan must be serviced by a loan 4 denominations, may be of such tenor, may be in coupon or administrator which meets criteria established by the 5 registered form, may be payable in such installments and at authority." 6 such time, may be subject to terms of redemption, may be 7 payable at such place, may bear interest at such rate payable G. Section 41-43-210 of the 1976 Code is amended to read: 8 at such place and evidenced in such manner, and may contain 9 such provisions not inconsistent herewith, all of which are "Section 41-43-210. If the General Assembly appropriates 10 provided in the resolution of the authority authorizing the administrative funds, these funds must be deposited in a bank 11 bonds. Subject to Budget and Control Board approval, any designated by the State Treasurer and paid out only upon the 12 bonds issued under this section may be sold at public or signature of the chairman of the board of directors of the 13 private sale as may be determined to be most advantageous. authority, or a designee of the board, upon written warrants 14 The bonds may be sold at public or private sale and if by of the Comptroller General drawn on the State Treasurer to 15 private sale the authority shall designate the syndicate the payee designated in the requisition. Administrative funds 16 manager or managers. The authority may pay all expenses, are held in accounts separate from program funds. The 17 premiums, insurance premiums, and commissions which it authority must maintain separate records and books of account 18 considers necessary from proceeds of the bonds or program for any administrative funds and program funds. 19 funds in connection with the sale of bonds. The interest rate Administrative funds received by the authority are placed in 20 of bonds issued pursuant to this section is not subject to an account separate from all other accounts of the authority 21 approval by the State Budget and Control Board under Section and must be used to pay the costs of the authority for 22 11-9-350 of the 1976 Code." employees, office space and facilities, office equipment and 23 machinery, and all ordinary and necessary expenses of 24 F. The first paragraph of Section 41-43-160 of the 1976 Code operation, including administrative expenses. Administrative 25 is amended to read: funds cannot be used to fund any programs of the authority. 26 All other monies received by the authority must be used and 27 "The authority is authorized to may utilize any of its deposited as program funds. Program funds may be used 28 program funds to establish loan programs pursuant to this by the authority for the accomplishment of any of its 29 section for the purpose of reducing the cost of capital to purposes including but not limited to loans, guaranties, and 30 business enterprises which meet the eligibility requirements the like and may further be used to pay any administrative 31 of Section 41-43-150. Proceeds of loans under this section costs for which administrative funds could be used. The 32 are utilized: (i) to acquire, by construction or purchase, payment of any administrative costs from program funds shall 33 land and buildings or other improvements thereon, machinery, not entitle the authority to reimbursement therefor from any 34 equipment, office furnishings or other depreciable assets, or administrative funds. No administrative funds may be used, 35 for research and design costs, legal and accounting fees, or commingled with, or paid into the program funds. 36 other expenses in connection with the acquisition or All funds of the authority must be segregated or otherwise 37 construction thereof; or (ii) for the research, testing, and accounted for as administrative or program funds and 38 developing of new products, machinery, equipment, and deposited in a financial institution or institutions to be 39 industrial or commercial processes, and the initial marketing designated by the authority in accordance with policies 40 thereof. If a business is located in a distressed area as established by the board of the authority. Funds of the 41 defined in Section 41-43-180 or if the business enterprise authority must be paid out only upon warrants issued in 42 proposes to use the proceeds to finance the sale of exports accordance with policies established by the board of the 43 as authorized under Section 41-43-190, loan proceeds also may authority. No warrants may be drawn or issued disbursing any 44 be used to finance working capital. Loan proceeds also may
PART II PAGE 800 1 of the funds of the authority except for a purpose authorized 2 by this chapter." SECTION 23 3 4 H. Section 41-43-220 of the 1976 Code is amended to read: RULED NON-GERMANE (Local Government Fund - Road Maintenance) 5 6 "Section 41-43-220. The authority must not incur any 7 obligations, other than obligations related to administrative SECTION 24 8 expenses, payable out of administrative funds. All other 9 obligations are payable solely from program funds which TO AMEND SECTION 48-47-175, AS AMENDED, OF THE 1976 CODE, 10 limitation is clearly stated on the face of any bonds and in RELATING TO THE LOW-LEVEL RADIOACTIVE WASTE DISPOSAL TAX, SO 11 the text of any other obligation or contract. However, AS TO INCREASE THE TAX ON WASTE FROM COMPACT STATES, NOT 12 program funds may be used to pay administrative expenses." INCLUDING SOUTH CAROLINA, FROM SIX TO FORTY DOLLARS A CUBIC 13 FOOT. 14 I. Section 41-43-230 of the 1976 Code is amended to read: 15 A. Section 48-47-175A. of the 1976 Code, as amended by Act 16 "Section 41-43-230. The authority may dispose of any 170 of 1987, is further amended to read: 17 property acquired by it otherwise than with administrative 18 funds on such terms and conditions considered appropriate. "A. There is imposed a tax of six dollars a cubic foot on 19 The authority is not required to advertise property or take each cubic foot of low-level radioactive waste disposed of in 20 bids thereon. In evaluating the consideration it receives for this State as follows: 21 any property or the use thereof, the authority must consider (1) forty dollars a cubic foot on waste originating in 22 nonpecuniary benefits and benefits to the citizens of the a state in the Southeast Interstate Low-Level Radioactive 23 State." Waste Management Compact other than South Carolina; and 24 (2) six dollars a cubic foot on all other waste." 25 J. Section 41-43-280 of the 1976 Code is amended to read: 26 B. This section takes effect July 1, 1992. 27 "Section 41-43-280. Neither this chapter nor anything 28 herein contained in this chapter is construed as a 29 restriction or limitation upon any powers which the authority SECTION 25 30 might otherwise have under any laws of this State, but is 31 construed as cumulative. RULED NON-GERMANE (National Guard Pension) 32 Notwithstanding any provision of law or regulation to the 33 contrary, the authority shall continue to be an `agency' for 34 purposes of Chapter 78 of Title 15, but the authority is not SECTION 26 35 considered an `agency' or `state agency' or any other form of 36 state institution for purposes of Sections 2-7-65 and TO AMEND SECTION 44-7-84, AS AMENDED, OF THE 1976 CODE, 37 2-57-60." RELATING TO THE DETERMINATION AND ALLOCATION OF MEDICAID 38 NURSING HOME BEDS AND FEES, SO AS TO PROVIDE THAT THE 39 K. This section takes effect July 1, 1992. DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL ASSESS 40 A DAILY THREE DOLLARS AND TWENTY-FIVE CENTS A BED FEE ON ALL 41 NURSING HOME BEDS EXCEPT BEDS OWNED OR OPERATED BY THE STATE 42 SECTION 22 AND INSTITUTIONAL NURSING HOME BEDS, TO REQUIRE THE FEES TO 43 BE REMITTED BY NURSING HOMES TEN DAYS BEFORE THE END OF THE 44 RULED NON-GERMANE (Local Government Fund)
PART II PAGE 801 1 FISCAL QUARTER, TO PROVIDE A ONE PERCENT PENALTY FOR EACH DAY SECTION 27 2 A QUARTERLY ASSESSMENT IS IN ARREARS AND TO ALLOW DHEC TO 3 WAIVE OR REDUCE THE PENALTY, AND TO PROVIDE THAT NURSING DELETED (Pharmacist License Renewal Fee) 4 HOMES ASSESSED THE FIVE DOLLAR A PATIENT DAY ADMINISTRATIVE 5 FEE SHALL CONTINUE TO PAY THAT ASSESSMENT THROUGH SEPTEMBER 6 30, 1992. SECTION 28 7 8 A. Section 44-7-84(D) of the 1976 Code, as last amended by TABLED (Physician & Osteopath License Renewal Fee) 9 Act 171 of 1991, is further amended to read: 10 11 "(D) (1) The department shall assess each nursing home an SECTION 29 12 annual administrative fee of five dollars for each patient 13 day used for the issuance and administration of the Medicaid TO AMEND THE 1976 CODE BY ADDING SECTION 11-3-230 SO AS TO 14 days permit program. The funds generated from this fee must ALLOW PROFESSIONAL AND OCCUPATIONAL LICENSING AGENCIES 15 be remitted to the State Treasurer and credited to the (POLA'S) TO ESTABLISH SPECIAL COMPTROLLER GENERAL ACCOUNTS 16 general fund of the State. (2) Within ninety days from the FOR THE CREDITING OF TEST FEES RECEIVED IN EXCESS OF AMOUNTS 17 collection, but not later than January first of each year, APPROPRIATED TO THESE AGENCIES FOR TEST EXPENSES, TO PROVIDE 18 the department shall submit a report to the House of THAT FUNDS CREDITED TO THESE ACCOUNTS MAY BE USED ONLY TO PAY 19 Representatives Ways and Means Committee and to the Senate TEST EXPENSES, TO REQUIRE ACCOUNT BALANCES AT THE END OF A 20 Finance Committee detailing the fees collected by the FISCAL YEAR TO BE REMITTED TO THE GENERAL FUND OF THE STATE, 21 facility. The General Assembly annually shall review the AND TO PROVIDE THE PROCEDURES FOR ESTABLISHING AND EXPENDING 22 assessment and collection of the fee. FUNDS FROM THESE ACCOUNTS. 23 (1) The department shall assess all nursing home beds, 24 except beds owned or operated by the State or institutional A. Chapter 3, Title 11 of the 1976 Code is amended by 25 nursing home beds, at the rate of three dollars and twenty-five cents a adding: 26 bed a day. The funds generated from this fee 27 must be credited to the general fund of the State. "Section 11-3-230. Professional and Occupational Licensing 28 (2) Nursing homes shall remit one-quarter of their total Agencies (POLA'S) as specified in Section 11-5-210 may 29 assessment to the department 15 days after the end of each establish special comptroller general accounts for crediting 30 fiscal quarter. testing fees received in excess of amounts appropriated to 31 (3) Nursing homes which fail to remit quarterly these agencies for test expenses. Funds credited to these 32 assessments within the time periods specified must pay a one accounts may be used only to pay test expenses. Any account 33 hundred dollar a day penalty for each day that the amount is balance at the close of the fiscal year must be remitted to 34 in arrears. The department may waive or reduce the penalty." the general fund of the State. These accounts must be 35 designated `earmarked other fund accounts' and funds credited 36 B. Notwithstanding the provisions of Section 44-7-84(D) of to these accounts must be expended according to the JARC 37 the 1976 Code as amended by subsection A of this section, process. These accounts may not be used to defer revenue." 38 nursing homes assessed the five dollar a patient day 39 administrative fee pursuant to the former provisions of B. This section takes effect July 1, 1992. 40 Section 44-7-84(D) shall continue to pay that assessment 41 through September 30, 1992, after which the assessment 42 provided in Section 44-7-84(D) of the 1976 Code as amended by SECTION 30 43 this section applies. 44
PART II PAGE 802 1 TO AMEND THE 1976 CODE BY ADDING SECTION 11-35-85, SO AS TO "Section 40-59-145. The provisions of this chapter do not 2 PERMIT A GOVERNMENTAL BODY SUBJECT TO THE SOUTH CAROLINA apply to public school students and instructors whose 3 CONSOLIDATED PROCUREMENT CODE TO PURCHASE GOODS AND SERVICES contracting work is part of a public school vocational course 4 FROM AN INSTATE SUPPLIER IF THAT SUPPLIER'S PRICE IS LESS curriculum." 5 THAN THE STATE TERM CONTRACT PRICE. 6 7 Subarticle 1, Article 1, Chapter 35, Title 11 of the 1976 SECTION 33 8 Code is amended by adding: 9 TO AMEND THE 1976 CODE BY ADDING SECTION 12-36-2645 SO AS TO 10 "Section 11-35-85. Regardless of a state term contract, IMPOSE THE SALES AND USE TAX ON GROSS PROCEEDS ACCRUING OR 11 a governmental body may procure goods and services from any PROCEEDING FROM THE BUSINESS OF PROVIDING 900\976 TELEPHONE 12 instate supplier if the purchase price is less than the price SERVICE, TO PROVIDE THAT THE APPLICABLE RATE OF THE TAX IS 13 specified in the state term contract for the same goods and TEN PERCENT, AND TO CREDIT ALL OF THE PROCEEDS OF THE TAX TO 14 services." THE GENERAL FUND OF THE STATE. 15 16 A. Article 25, Chapter 36, Title 12 of the 1976 Code is 17 SECTION 31 amended by adding: 18 19 TO AMEND THE 1976 CODE BY ADDING SECTION 58-19-155, SO AS TO "Section 12-36-2645. The sales and use taxes imposed by 20 REQUIRE THE SOUTH CAROLINA PUBLIC RAILWAYS COMMISSION TO this chapter also extend to gross proceeds accruing or 21 REMIT ONE HUNDRED FIFTY THOUSAND DOLLARS EACH FISCAL YEAR TO proceeding from the business of providing 900\976 telephone 22 THE STATE TREASURER FOR DEPOSIT TO THE CREDIT OF THE GENERAL service except that the applicable rate of the tax is ten 23 FUND OF THE STATE. percent. All revenues derived from the tax imposed by this 24 section must be credited to the general fund of the State." 25 A. Chapter 19, Title 58 of the 1976 Code is amended by 26 adding: B. This section takes effect July 1, 1992. 27 28 "Section 58-19-155. The commission, each fiscal year, 29 shall remit one hundred fifty thousand dollars to the State SECTION 34 30 Treasurer for deposit to the credit of the general fund of 31 the State." TO AMEND THE 1976 CODE BY ADDING SECTION 11-9-85 SO AS TO 32 DIRECT THE COMPTROLLER GENERAL TO ACCRUE VARIOUS TAX AND FEE 33 B. This section takes effect July 1, 1992. REVENUES FOR ACCOUNTING PURPOSES AND TO AMEND SECTIONS 12-21-1050 AND 12- 34 33-450, RELATING TO THE PAYMENT OF BEER AND WINE 35 AND ALCOHOLIC LIQUORS TAXES, SO AS TO DELETE THE REQUIREMENT 36 SECTION 32 FOR PAYING ESTIMATED TAXES FOR EACH JUNE. 37 38 TO AMEND THE 1976 CODE BY ADDING SECTION 40-59-145 SO AS TO A. Article 1, Chapter 9, Title 11 of the 1976 Code is 39 EXEMPT FROM THE LICENSING AND OTHER REGULATORY REQUIREMENTS amended by adding: 40 OF THE SOUTH CAROLINA RESIDENTIAL BUILDERS COMMISSION PUBLIC 41 SCHOOL STUDENTS AND INSTRUCTORS WHOSE CONTRACTING WORK IS "Section 11-9-85. For accounting purposes, the Comptroller 42 PART OF A VOCATIONAL COURSE CURRICULUM. General shall calculate revenues of the following taxes and 43 fees on an accrual basis: 44 Chapter 59, Title 40 of the 1976 Code is amended by adding: (1) stamp and business license;
PART II PAGE 803 1 (2) alcoholic liquor; thereafter remit based on the estimated tax liability for the 2 (3) beer and wine; same month of the preceding year and shall remit one hundred 3 (4) soft drink; percent of the estimated tax to the Tax Commission by the 4 (5) electric power; twenty-fifth of June." 5 (6) low-level radioactive waste disposal; 6 (7) gasoline and motor fuel; D. Subsection A of this section applies with respect to tax 7 (8) admissions, including bingo admissions; and fee revenues received after June 30, 1992, except for 8 (9) sales, use, and casual excise; and item (9) of Section 11-9-85 of the 1976 Code, which applies 9 (10) nursing home bed fees." for sales, use, and casual excise tax revenues received after 10 June 30, 1991. Subsections B and C take effect July 1, 1992. 11 B. Section 12-21-1050 of the 1976 Code is amended to read: 12 13 "Section 12-21-1050. The tax prescribed in this article SECTION 35 14 must be paid by requiring each wholesaler to make a report to 15 the tax commission, in the form as the commission may TO AMEND THE 1976 CODE BY ADDING SECTION 59-101-360 SO AS TO 16 prescribe prescribes, of all beer and wine sold or disposed PROVIDE THAT SALES TAX REVENUES FROM CATALOG SALES WHICH 17 of within this State by such the wholesaler and to pay the EXCEED REVENUES FROM SUCH SALES IN FISCAL YEAR 1991-92 MUST 18 tax due thereon not later than the twentieth of the month BE CREDITED TO A SEPARATE FUND STYLED THE HIGHER EDUCATION 19 following the sale of beer or wine. In addition, each SALES TAX FUND, TO PROVIDE FOR THE MANNER IN WHICH THESE 20 wholesaler required to collect tax under this chapter shall REVENUES MUST BE USED IN THE FISCAL YEAR 1992-93 AND 21 for the month of June, 1983, and each June thereafter remit THEREAFTER, AND TO PROVIDE THAT FUND REVENUES MAY NOT BE USED 22 based on the estimated tax liability for the same month of TO SUPPLANT OTHER APPROPRIATIONS FOR HIGHER EDUCATION. 23 the preceding year and shall remit one hundred percent of the 24 estimated tax to the Tax Commission by the twenty-fifth of A. Chapter 101, Title 59 of the 1976 Code is amended by 25 June. Any wholesaler who fails to file the report or to pay adding: 26 the tax as prescribed herein in this section must pay a 27 penalty of one quarter of one percent of the amount of the "Section 59-101-360. Notwithstanding the provisions of 28 tax due and unpaid or unreported for each day the tax remains Section 59-21-1010(A), that portion of sales tax revenue 29 unpaid or unreported. The penalty shall must be assessed and derived pursuant to Section 12-36-2620(1) from the tax on 30 collected by the tax commission in the manner as other taxes catalog sales which exceeds the total of revenue from such 31 are assessed and collected. The tax commission may grant any sales in fiscal year 1991-92 must be credited by the State 32 wholesaler extensions of time for filing the reports and Treasurer to the Higher Education Sales Tax Fund, which is 33 paying the taxes prescribed herein in this article and no separate and distinct from the general fund of the State. 34 penalties shall may be assessed or collected to the extent Revenues in this fund as appropriated in Part I, Section 15, 35 that such the extensions of time are granted." Commission on Higher Education, of the 1992-93 General 36 Appropriations Act and as thereafter annually appropriated 37 C. Section 12-33-450 of the 1976 Code is amended to read: must be distributed pursuant to formula funding for higher 38 education and may not be used to supplant general fund 39 "Section 12-33-450. Every wholesaler of alcoholic liquors appropriations for higher education, except that twenty 40 must shall file with the commission on or before the percent of fund revenues must be credited to the Education 41 twentieth day of each calendar month a report covering all Improvement Act of 1984 Fund, except that ten percent of fund 42 sales of alcoholic liquors during the preceding month. In revenues, not exceeding fifteen million dollars in one fiscal 43 addition, each wholesaler required to collect tax under this year, must be appropriated for the Higher Education Tuition 44 chapter shall for the month of June, 1983, and each June Grants Program pursuant to Chapter 113 of Title 59."
PART II PAGE 804 1 B. This section takes effect July 1, 1992. AMEND SECTION 13-9-10, AS AMENDED, RELATING TO THE AUTHORITY 2 BOARD AND ITS MEMBERSHIP, SO AS TO RESTRUCTURE THE BOARD AND 3 INCREASE ITS MEMBERSHIP FROM EIGHT TO THIRTEEN; TO AMEND 4 SECTION 36 SECTION 13-9-20, RELATING TO OFFICERS AND MEETINGS OF THE 5 BOARD, SO AS TO PERMIT THE ESTABLISHMENT OF ADDITIONAL 6 TO AMEND SECTION 12-36-2610 OF THE 1976 CODE, RELATING TO THE OFFICES AND COMMITTEES; TO AMEND SECTION 13-9-30, AS AMENDED, 7 DISCOUNT ALLOWED FOR TIMELY PAYMENT OF SALES AND USE TAX, SO RELATING TO POWERS AND DUTIES OF THE BOARD, SO AS TO EXEMPT 8 AS TO REDUCE FROM TEN THOUSAND DOLLARS TO THREE THOUSAND THE AUTHORITY FROM THE STATE PROCUREMENT CODE, TO CONFORM THE 9 DOLLARS THE TOTAL AMOUNT OF THE DISCOUNT PERMITTED A TAXPAYER NAME "CLARK'S HILL-RUSSELL PROJECT" TO THE "J. STROM THURMOND 10 IN ANY ONE STATE FISCAL YEAR; AND TO REPEAL SECTION 12-36-2600, RELATING PROJECT", TO AUTHORIZE THE BOARD TO ACT AS A REGIONAL 11 TO THE PAYMENT OF ESTIMATED SALES TAX AND THE DEVELOPMENT AGENCY FOR ACQUIRING REAL PROPERTY, AND TO DELETE 12 PENALTY FOR FAILURE TO MAKE THE APPROPRIATE ESTIMATED THE APPROVAL OF THE STATE BUDGET AND CONTROL BOARD FOR SUCH 13 PAYMENT. ACQUISITIONS, TO AUTHORIZE THE BOARD TO CHARGE FEES AND OTHER 14 ASSESSMENTS FOR THE USE OF ITS FACILITIES OR SERVICES, TO 15 A. The last paragraph of Section 12-36-2610 of the 1976 AUTHORIZE THE BOARD TO EMPLOY, DISMISS, AND COMPENSATE 16 Code, as added by Act 612 of 1990, is amended to read: EMPLOYEES AND OTHERS WITHOUT THE STATE EMPLOYEE GRIEVANCE 17 PROCEDURES OR THE STATE PROCUREMENT CODE APPLYING; TO AMEND 18 "In no case is a discount allowed if the return, or the tax SECTION 13-9-35, AS AMENDED, RELATING TO THE AUTHORITY'S 19 on it is received after the due date, pursuant to Section 12-36-2570, or EXERCISE OF POWERS, SO AS TO DELETE PROVISIONS REQUIRING THE 20 after the expiration of any extension granted by CONSENT OF THE COUNTY LEGISLATIVE DELEGATION FOR THE 21 the commission. The discount permitted a taxpayer under this AUTHORITY TO EXERCISE ITS POWERS IN THAT COUNTY; TO AMEND 22 section may not exceed ten three thousand dollars during any SECTION 13-9-40, RELATING TO THE ISSUANCE OF BONDS BY THE 23 one state fiscal year." AUTHORITY, SO AS TO AUTHORIZE THE BOARD TO ISSUE TAXABLE OR 24 TAX EXEMPT BONDS FOR PURPOSES RELATED TO ACQUIRING, 25 B. Section 12-36-2600 of the 1976 Code is repealed. CONSTRUCTING, EQUIPPING, MAINTAINING, AND OPERATING A 26 FACILITY; TO AMEND SECTION 13-9-140 RELATING TO THE EARNINGS 27 C. This section takes effect July 1, 1992. OF THE AUTHORITY, SO AS TO ALLOW THE FUNDS TO BE UTILIZED IN 28 ACCORDANCE WITH POLICIES OF THE AUTHORITY; TO AMEND SECTION 29 13-9-150, RELATING TO THE RETENTION OF FUNDS OF THE 30 SECTION 37 AUTHORITY, SO AS TO REQUIRE THAT THE AUTHORITY RETAIN 31 UNEXPENDED FUNDS AT THE END OF THE FISCAL YEAR; AND TO 32 TO AMEND THE 1976 CODE BY ADDING SECTIONS 13-9-180, 13-9-190, PROVIDE FOR MEMBERSHIP TRANSITION PROVISIONS FOR THE NEWLY 33 13-9-200, 13-9-210, AND 13-9-220 SO AS TO REQUIRE THE CONSTITUTED BOARD. 34 SAVANNAH VALLEY AUTHORITY TO PROMULGATE REGULATIONS IN 35 ACCORDANCE WITH CHAPTER 23 OF TITLE 1; TO AUTHORIZE THE The following are declared to be the findings of the General 36 AUTHORITY TO ESTABLISH PROFIT AND NOT-FOR-PROFIT CORPORATIONS Assembly: 37 AND TO MAKE GRANTS, LOANS, OR GUARANTEES FOR SUCH A NONPROFIT 38 CORPORATION WHICH DO NOT BECOME AN OBLIGATION OF THE STATE; Whereas, the General Assembly recognizes that Savannah Valley 39 TO REQUIRE THE STATE BUDGET AND CONTROL BOARD TO IDENTIFY AND Authority has successfully provided economic development 40 TRANSFER, AT NO COST AND FREE OF ENCUMBRANCES, SURPLUS REAL services for the Savannah River Basin; and 41 PROPERTY TO THE AUTHORITY; TO EXEMPT AUTHORITY PROPERTY FROM 42 TAXES AND ASSESSMENTS; TO REAFFIRM THE AUTHORITY AS AN Whereas, the General Assembly finds that improvement to local 43 "AGENCY" FOR PURPOSES OF CHAPTER 78 OF TITLE 15 AND TO environmental, transportation, recreational, and 44 EXCLUDE IT AS "AGENCY" UNDER SECTIONS 2-7-65 AND 2-57-60; TO
PART II PAGE 805 1 communications infrastructure results in improved local which the authority has caused to be formed whose articles of 2 economy; and incorporation require that its directors be elected by 3 members of the authority and all assets of which, upon 4 Whereas, it is the further intent of the General Assembly dissolution, must be distributed to the authority if it is in 5 that a project of the Authority benefit the economy of the existence or, if it is not in existence, then to this State. 6 political subdivision and region within which the project is These grants, loans, or guarantees may be made upon a 7 located; and determination by the authority that the receiving 8 not-for-profit corporation is able to carry out the purposes 9 Whereas, it is the intent of the General Assembly that of this chapter and on the terms and conditions imposed by 10 unallocated project proceeds may be invested in local the authority. 11 infrastructure when local legislative representation and the A guarantee made by the authority does not create an 12 Authority agree it is appropriate to do so; and obligation of the State or its political subdivisions and is 13 not a grant or loan of the credit of the State or a political 14 Whereas, in recognition of the Authority's contributions to subdivision. A guarantee issued by the authority must be a 15 the overall economy of the Basin and the fact that activities special obligation of the authority. Neither this State nor 16 of the Authority could also serve as a benefit to the entire any political subdivision is liable on a guarantee nor may 17 citizenry of the Basin; and they be payable out of any funds other than those of the 18 authority and a guarantee issued by the authority must 19 Whereas, the General Assembly finds that in order for the contain on its face a statement to that effect. 20 Authority to offer competitive services to the business 21 community that the Authority be empowered to exercise such Section 13-9-210. The property of the authority is not 22 responsibilities independent of certain procedural subject to any taxes or assessments, but the authority shall 23 requirements of other agencies of state government; and negotiate a payment in lieu of taxes with the appropriate 24 taxing authorities. 25 Whereas, it is the further intent of the General Assembly 26 that the Authority be authorized to receive and accept Section 13-9-220. Notwithstanding any provision of law or 27 surplus property of the State wherever such surplus property regulation, the authority continues to be an `agency' for 28 may be located; and purposes of Chapter 78 of Title 15; however, the authority is 29 not considered to be an `agency' or `state agency' or any 30 Whereas, it is the intent of the General Assembly that the other form of state institution for purposes of Sections 31 Authority be empowered to exercise its responsibilities on a 2-7-65 and 2-57-60." 32 Basin-wide basis and that the name of the Authority be so 33 amended to reflect same. Now, therefore, B. Section 13-9-10 of the 1976 Code, as last amended by Act 34 685 of 1988, is further amended to read: 35 A. The 1976 Code is amended by adding: 36 "Section 13-9-10. (A) There is created the Savannah 37 "Section 13-9-180. The regulations of the authority must Valley Authority of South Carolina, referred to in this 38 be promulgated in accordance with Chapter 23 of Title 1. chapter as the `authority'. The governing body of the 39 authority consists of an eight the following thirteen member 40 Section 13-9-190. The authority may establish profit or board appointed by the Governor, with the advice and consent 41 not-for-profit corporations as the authority considers of the Senate, for terms of four years and until successors 42 necessary to carry out the purposes of this chapter. are appointed and qualify: 43 The authority may make grants or loans to, or make 44 guarantees for, the benefit of a not-for-profit corporation
PART II PAGE 806 1 (1) At least two of the appointed members one member D. That portion of Section 13-9-30 of the 1976 Code through 2 must be residents a resident of McCormick County recommended item (k), as last amended by Act 685 of 1988, is further 3 by the legislative delegation of that county.; amended to read: 4 (2) At least two of the appointed members one member must 5 be residents a resident of Abbeville County recommended by "The board of the authority shall have has all the rights 6 the legislative delegation of that county.; and powers of a public body politic and corporate and body 7 (3) at least one of the appointed members member must corporate of this State, including without limitation, all 8 be a resident of Anderson County recommended by the the rights and powers necessary or convenient to manage the 9 legislative delegation of that county.; business and affairs of the authority and to take action as 10 (4) at least one member must be a resident of Aiken it may consider considers advisable, necessary, or convenient 11 County; in carrying out its powers, including, but not limited to, 12 (5) at least one member must be a resident of Edgefield the following rights and powers to: 13 County; (a) have perpetual succession; 14 (6) a member must be from the Second Judicial Circuit (b) sue and be sued; 15 and a resident of Aiken or Barnwell County; (c) adopt, use, and alter a corporate seal; 16 (7) a member must be from the Eighth Judicial Circuit (d) make adopt and amend bylaws for regulation of its 17 and a resident of Abbeville or Greenwood County; affairs consistent with the provisions of this chapter; 18 (8) a member must be from the Tenth Judicial Circuit (e) notwithstanding any provision of law or regulation to 19 and a resident of either county in that circuit; the contrary, and in accordance with its own procurement 20 (9) a member must be from the Eleventh Judicial Circuit procedures or regulations as approved by the Budget and 21 and a resident of McCormick, Edgefield, or Saluda County; Control Board, acquire, purchase, hold, use, improve, manage, 22 (10) a member must be from the Thirteenth Judicial lease, mortgage, pledge, sell, transfer, and dispose of any 23 Circuit and a resident of Pickens County; property, real, personal, or mixed, or any interest in any 24 (11) a member must be from the Fourteenth Judicial property, or revenues of the authority, including as security 25 Circuit and a resident of Allendale, Hampton, or Jasper for notes, bonds, evidences of indebtedness, or other 26 County; obligations of the authority. In exercising the powers 27 (12) two members must be at-large from the State. authorized in this chapter the authority is exempt from Title 28 11, Chapter 35. The authority has no power to pledge the 29 (B) Vacancies on the board for any reason must be filled credit and the taxing power of the State or any of its 30 for the unexpired term in the manner of original appointment. political subdivisions; 31 Members may be removed by the Governor for cause or at will." (f) receive contributions, donations, and payments and to 32 invest and disperse the authority's funds; 33 C. Section 13-9-20 of the 1976 Code is amended to read: (g) make inquiry into the status of, and plans for, the 34 development of the Clark's Hill-Russell J. Strom Thurmond 35 "Section 13-9-20. The members of the board shall elect one project and the Richard B. Russell project by the United 36 member as chairman and one as vice-chairman and shall also States government, by the State of Georgia, or by any other 37 elect a secretary. The board shall establish other offices, agency or instrumentality; 38 committees, and positions under its by-laws as it considers (h) encourage, assist, promote, and cooperate in the 39 necessary. The board shall meet upon the call of its development of the Savannah River and the streams, canals, or 40 chairman and in accordance with its by-laws, and four seven watercourses now or at a later time connected to or flowing 41 members constitute a quorum for the transaction of its into the river and to appear on behalf of the State before 42 business." any agency, department, or commission of this State, of the 43 United States, or of any other state in furtherance of the
PART II PAGE 807 1 development or of any matter connected with the development E. Section 13-9-30 of the 1976 Code, as last amended by Act 2 or related to the development; 112 of 1989, is further amended by adding at the end: 3 (i) negotiate agreements, accords, or compacts on behalf 4 of and in the name of the State with the State of Georgia or (p) employ and dismiss, at the will and pleasure of the 5 the United States, or both, with any agency, department, or authority, those employees, consultants, and other providers 6 commission of either or both, or with any other state or any of services as the authority considers necessary and to fix 7 agency, department, or commission of the other state, and to pay their employees' compensation pursuant to Section 8 relating to the development of the Savannah River and the 8-11-260, and the authority is not subject to Sections 9 development of the streams, canals, or watercourses now or at 8-11-10, 8-11-20, 8-11-40, 8-11-41, 8-11-110, 8-11-145, 10 a later time connected to or flowing into the river, and 8-11-155, 8-11-160, and 8-11-165, Articles 9 and 11, Chapter 11 particularly in reference to joint or concurrent action in 11 of Title 8, Article 5, Chapter 17 of Title 8, and Chapter 12 the furtherance of agreements, accords, or contracts. 35 of Title 11, but consultants and other providers of 13 Interstate compacts made by the authority are subject to services are subject to the authority's procurement 14 approval by concurrent resolution of the General Assembly; procedures or regulations as approved by the Budget and 15 (j) act as the designated a regional development agency of Control Board. 16 the State to receive, purchase, hold title to, and to manage (q) fix, alter, charge, and collect tolls, fees, rents, 17 any real property in the Clark's Hill Reservoir project area, charges, and assessments for the use of the facilities of or 18 in the Richard B. Russell Reservoir project area, and of the for the services rendered by, the authority; these rates must 19 Savannah River basin, including its tributaries, streams, be at least sufficient to provide for payment of all expenses 20 canals, and watercourses now or at a later time connected to of the authority, the conservation, maintenance, and 21 or flowing into the river, in the State acquired by release operation of its facilities and properties, the payment of 22 of surplus real property, by purchase, by donation, by lease, principal and interest on its notes, bonds, and other 23 or by exchange and to develop and promote the development of evidences of indebtedness or obligation, and to fulfill the 24 the land for recreational, transportation, residential, terms and provisions of any agreements made with the 25 commercial, and industrial purposes, both public and private, purchasers and holders of these notes, bonds, or other 26 and to lease, sublease, or convey title in fee simple to the evidences of indebtedness or obligation." 27 real property subject to approval by the State Budget and 28 Control Board as provided in the by-laws of the authority. F. Section 13-9-35 of the 1976 Code, as last amended by Act 29 The authority may shall retain, carry forward, and or expend 685 of 1988, is amended to read: 30 any proceeds derived from the sale, lease, rental, or other 31 use of real and personal property under the authority's "Section 13-9-35. Upon consent of a majority of the 32 exclusive jurisdiction. The proceeds may only may be used in members of the House of Representatives representing the 33 the development and the promotion of the authority as county and a majority of the Senators representing the 34 provided by this chapter and for the purposes authorized by county, the The authority may exercise any of the powers and 35 this chapter; duties conveyed under the provisions of Section 13-9-30 in 36 (k) promulgate regulations affecting the use, management, the entire area of any a county or portion of any a county 37 and control of real property acquired pursuant to item (j) of which borders the Savannah River or is within the Savannah 38 this section governing the use of or doing business on the River Basin; provided, that this consent once given shall 39 authority's property or facilities, including the adoption of continue and may be removed only upon consent of a majority 40 safety standards and insurance coverage or proof of financial of the members of the House of Representatives representing 41 responsibility, including, but not limited to, providing for the county, upon consent of a majority of the Senators 42 the licensing of persons, firms, or corporations using or representing the county, and upon consent of a majority of 43 doing business on the property or facilities, and for license the Savannah Valley Authority." 44 fees to cover the expense of it;".
PART II PAGE 808 1 G. The first paragraph of Section 13-9-40 of the 1976 Code I. Section 13-9-150 of the 1976 Code is amended to read: 2 is amended to read: 3 "Section 13-9-150. The authority may shall retain any 4 "The authority may issue revenue bonds, the interest on unexpended funds at the close of the fiscal year of the State 5 which may or may not be excludable from gross income for regardless of the source of the funds and expend the funds in 6 federal income tax purposes, for the purpose of financing or subsequent fiscal years. Nothing contained in this chapter 7 refinancing, in whole or in part, the cost of the following may be construed to imply that the authority may not receive 8 projects: state general appropriation funds or state general obligation 9 (a) purchasing real estate; bond proceeds." 10 (b) constructing, reconstructing, or improving roads, 11 bridges, culverts, or other transportation facilities; J. Members of the board of the Savannah Valley Authority 12 (c) constructing, reconstructing, improving, or equipping serving on this section's effective date serve until four 13 water distribution systems, sewer treatment and distribution years after that date. New members appointed pursuant to 14 facilities, buildings, or environmental utilities; Section 13-9-10 amended in paragraph B of this section serve 15 (d) constructing, reconstructing, and improving initial terms of two years. Current members are eligible for 16 recreational facilities, including but not limited to appointment as members of the reconstituted board. 17 marinas, docks, swimming pools, parks, dams, ponds, golf 18 courses, racquetball and tennis facilities, and equestrian K. This section takes effect July 1, 1992. 19 and archery complexes. the acquisition, construction, 20 equipment, maintenance, and operation of a facility, building 21 structure, or any other matter or thing which the authority SECTION 38 22 is authorized to acquire, construct, equip, maintain, or 23 operate." TABLED (School District Fringe Benefit Allocation) 24 25 H. Section 13-9-140 of the 1976 Code is amended to read: 26 SECTION 39 27 "Section 13-9-140. All funds of the authority must be 28 invested by the State Treasurer and, upon approval and RULED NON-GERMANE (Sheriff's Department Restructuring 29 designation by the State Treasurer of a financial institution Referendum) 30 or institutions, all funds must be deposited in the 31 institutions by the board in accordance with policies and 32 guidelines formulated by the board. Funds of the authority SECTION 40 33 must be paid out only upon warrants issued in accordance with 34 policies established by the board. No warrants may be drawn TO AMEND SECTION 12-27-1260, AS AMENDED, OF THE 1976 CODE, 35 or issued disbursing any of the funds of the authority except RELATING TO THE CREDITING OF ADDITIONAL TAXES TO THE 36 for a purpose authorized by this chapter. STRATEGIC HIGHWAY PLAN FOR IMPROVING MOBILITY AND SAFETY 37 The net earnings of the authority, beyond that necessary FUND, SO AS TO DELETE THE PROVISION FOR EARNINGS ON 38 for retirement of its bonds or other obligations or to INVESTMENTS FROM THE FUND TO BE DEPOSITED IN THE FUND. 39 implement the purposes of this chapter, may not inure to the 40 benefit of any person other than the authority. Upon A. Section 12-27-1260 of the 1976 Code, as added by Act 197 41 termination of the existence of the authority, title to all of 1987, is amended to read: 42 property, real and personal, owned by it, including net 43 earnings, vests in the State." "Section 12-27-1260. The revenue derived from the tax 44 levied by Section Sections 12-27-1210, 12-27-1220,
PART II PAGE 809 1 12-27-1230, and 12-27-1240 in this chapter must be remitted credited to the SHIMS fund established pursuant to Section 2 to the State Treasurer to be credited to the fund established 12-27-1260 may be used to match federal highway funds. 3 for the Strategic Highway Plan for Improving Mobility and Revenues in the SHIMS Fund not required to match federal 4 Safety. This fund must be separate and distinct from the highway funds must be used for SHIMS projects that are 5 state general fund and highway fund. All unappropriated money ineligible to receive federal highway funds." 6 in this fund must remain part of the separate fund. All 7 earnings on investments from this fund must accrue to and be B. This section takes effect July 1, 1992. 8 deposited in this separate fund. Money from this fund may be 9 spent only for the purpose of funding the Strategic Highway 10 Plan for Improving Mobility and Safety Program administered SECTION 42 11 by the department and funding the Economic Development 12 Account as provided for in Section 12-27-1270. No funds may TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-450 SO AS TO 13 be expended from this account for any purpose other than for REQUIRE ALL STATE AGENCIES AND INSTITUTIONS TO PARTICIPATE IN 14 payment of engineering and planning, right-of-way THE STATE BUDGET AND CONTROL BOARD SUGGESTION AWARDS PROGRAM. 15 acquisition, and construction of projects on the list 16 submitted as provided in Section 12-27-1280 or those Article 1, Chapter 13, Title 1 of the 1976 Code is amended by 17 designated for economic development by the Coordinating adding: 18 Council for Economic Development as provided in Section 19 12-27-1270." "Section 1-11-450. All state agencies and institutions 20 shall participate in the State Budget and Control Board 21 B. This section takes effect July 1, 1992. suggestion awards program." 22 23 SECTION 43 24 SECTION 41 25 TO AMEND SECTIONS 44-2-40 AND 44-2-110, BOTH AS AMENDED, OF 26 TO AMEND THE 1976 CODE BY ADDING SECTION 12-27-1295 SO AS TO THE 1976 CODE, RELATING TO THE APPLICABLE FEES USED TO FUND 27 AUTHORIZE REVENUES CREDITED TO THE STRATEGIC HIGHWAY PLAN FOR THE SUPERB ACCOUNT AND THE EARLY DETECTION INCENTIVE PROGRAM 28 IMPROVING MOBILITY AND SAFETY FUND (SHIMS) TO BE USED TO UNDER THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE 29 MATCH FEDERAL HIGHWAY FUNDS WHEN FEDERAL MATCHING FUNDS WOULD BANK ACT, SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND 30 OTHERWISE BE LOST BECAUSE OTHER FUNDS OF THE DEPARTMENT OF ENVIRONMENTAL CONTROL MAY RETAIN ALL OF THE ONE HUNDRED 31 HIGHWAYS AND PUBLIC TRANSPORTATION, AVAILABLE TO MATCH DOLLAR TANK REGISTRATION FEE FOR PROGRAM ADMINISTRATION UP TO 32 FEDERAL FUNDS, EXCLUDING "C" FUNDS, ARE EXHAUSTED AND TO THREE MILLION DOLLARS A YEAR, TO PROVIDE THAT THE ONE-HALF 33 PROVIDE THAT SHIMS REVENUES NOT REQUIRED TO MATCH FEDERAL CENT A GALLON ENVIRONMENTAL IMPACT FEE CONTINUES TO APPLY 34 HIGHWAY FUNDS MUST BE EXPENDED ON SHIMS PROJECTS THAT ARE AFTER THE SUPERB ACCOUNT BALANCE REACHES FIFTEEN MILLION 35 INELIGIBLE TO RECEIVE FEDERAL FUNDS. DOLLARS, BUT THE FEE IS CREDITED TO THE GENERAL FUND OF THE 36 STATE UNTIL THE SUPERB ACCOUNT BALANCE DROPS TO FIVE MILLION 37 A. Article 13, Chapter 27, Title 12 of the 1976 Code is DOLLARS, AND TO EXTEND THE EXPIRATION DATE OF THE GENERAL 38 amended by adding: GRACE PERIOD OF THE EARLY DETECTION INCENTIVE PROGRAM TO JUNE 39 30, 1993. 40 "Section 12-27-1295. Notwithstanding any other provision 41 of this article, when all funds available to the Department A. Section 44-2-40(C) of the 1976 Code, as last amended by 42 of Highways and Public Transportation to match federal Part II, Section 18A of Act 171 of 1991, is further amended 43 highway funds are exhausted, not including `C' funds, and to read: 44 federal highway funds would otherwise be lost, revenues
PART II PAGE 810 1 "(C) The Superb Account must be used by the department for by the department at a later time, the form for which will be 2 carrying out the purposes of this chapter. The fund must be provided by the department. All sites involving releases from 3 credited with all fees, charges, and judgments allowable underground storage tanks reported to the department any time 4 under this chapter. Charges against the Superb Account may from midnight on December 31, 1987, to midnight on December 5 be made only in accordance with the provisions of this 31, 1991 June 30, 1993, regardless of whether the release 6 chapter. At any time the balance of the Superb Account occurred before or after January 1, 1988, are qualified sites 7 exceeds fifteen million dollars, the one-half cent a gallon for the expenditure of funds from the Superb Account, 8 environmental impact fee imposed in Section 44-2-60(B) is provided that a written report is filed with respect thereto. 9 suspended must be credited to the general fund of the State Any funds so expended must be absorbed at the expense of the 10 until that time the balance of the Superb Account becomes Superb Account, as available, without recourse to 11 less than five million dollars. The department is reimbursement or recovery, subject to the following 12 responsible for notifying the Department of Agriculture when exceptions:". 13 these amounts have been reached. The suspension of the 14 environmental impact fee occurs at the end of the month in C. This section takes effect July 1, 1992. 15 which the Department of Agriculture is notified by the 16 department. The lifting of the suspension occurs on the 17 first day of the month following the month in which the SECTION 44 18 Department of Agriculture is notified by the department. No 19 more than fifty dollars of the The one hundred dollar TO AMEND SECTIONS 50-21-160 AND 50-23-220 OF THE 1976 CODE, 20 registration fee may be used by the department for the RELATING TO THE DISPOSITION OF FEES AND FINES FOR WATERCRAFT 21 administration of the underground petroleum storage tank VIOLATIONS AND WATERCRAFT AND OUTBOARD MOTOR TITLE FEES, SO 22 regulatory program established by this chapter. The amount AS TO PERMIT THE FEES ALLOWED TO BE RETAINED BY THE SOUTH 23 used for administration of the program may not exceed one CAROLINA WILDLIFE AND MARINE RESOURCES DEPARTMENT TO BE USED 24 three million two hundred thousand dollars a year." FOR ALL DEPARTMENTAL PURPOSES. 25 26 B. That portion of Section 44-2-110 of the 1976 Code which A. Section 50-21-160 of the 1976 Code is amended to read: 27 precedes item (1), as last amended by Part II, Section 18C of 28 Act 171 of 1991, is further amended to read: "Section 50-21-160. All fees or fines collected pursuant 29 to this chapter shall must be held and utilized for the 30 "To encourage early detection, reporting, and cleanup of purpose of paying the expenses of the division and other 31 releases from leaking underground petroleum storage tanks, department operations. Twenty-five per cent percent of all 32 the department, within the guidelines established in this fines shall must be retained by the county in which the fine 33 section, shall conduct an early detection incentive program is levied." 34 which provides for a general grace period beginning on 35 January 1, 1988, and ending on December 31, 1991 June 30, B. Section 50-23-220 of the 1976 Code is amended to read: 36 1993. Pursuant thereto, the department shall establish 37 reasonable requirements for the written reporting of "Section 50-23-220. All fees received and money collected 38 petroleum releases and distribute the forms to all persons under the provisions of this chapter shall must be deposited 39 registering tanks under this chapter and to all other in the State Treasury and shall be set apart in a special 40 interested parties upon request to be used for the purpose of fund. Appropriations from this fund shall be made only to 41 reporting petroleum releases. Until the forms are available the Division and shall must be used only for the expenses of 42 for distribution, the department shall take reports of these the division in administering the provisions of this chapter 43 releases however made but shall notify any person making a or for any purpose related or incident thereto to the mission 44 report that a written report of the release will be required of the department."
PART II PAGE 811 1 C. This section takes effect July 1, 1992. A. Section 12-7-435 of the 1976 Code, as last amended by 2 Part II, Section 3 of Act 171 of 1991, is further amended by 3 adding an appropriately lettered item to read: 4 SECTION 45 5 "( ) The wholesale value of produce which a farmer allows 6 TO AMEND SECTION 8-11-135 OF THE 1976 CODE, RELATING TO a nonprofit or charitable organization to remove from his 7 AUTHORITY OF A STATE AGENCY TO PAY CERTAIN EMPLOYEE MOVING land after commercial harvesting if his donation qualifies 8 EXPENSES, SO AS TO DELETE THE REQUIREMENT THAT THE PAYMENT for the exemption from civil liability provided food donors 9 AMOUNT MUST BE APPROVED BY THE STATE BUDGET AND CONTROL BOARD pursuant to Chapter 74 of Title 15 and if the donor reports 10 AND TO REQUIRE THE STATE AUDITOR IN THE REGULAR AGENCY AUDIT farm income or loss on schedule F filed with his federal 11 TO DETERMINE COMPLIANCE WITH THE APPLICABLE REQUIREMENTS FOR income tax return for the taxable year for which he claims 12 SUCH PAYMENTS. the deduction allowed by this item. The commission shall 13 prescribe procedures to determine the wholesale value of the 14 A. Section 8-11-135 of the 1976 Code is amended by deleting donated produce." 15 item (e) which reads: 16 B. This section is effective for taxable years beginning 17 "(e) The amount certified by the agency is approved by the after 1991. 18 Budget and Control Board." 19 20 B. Section 8-11-135 of the 1976 Code is amended by adding at SECTION 47 21 the end: 22 TO AMEND TITLE 58 OF THE 1976 CODE, RELATING TO PUBLIC 23 "The State Auditor, in the regular agency audit, shall UTILITIES, SERVICES, AND CARRIERS, BY ADDING CHAPTER 20 SO AS 24 determine the agency's compliance with the requirements of TO ENACT THE RAILROAD PRESERVATION AND REVITALIZATION ACT. 25 this section for payments for moving expenses." 26 Whereas, the General Assembly finds essential the 27 C. This section takes effect July 1, 1992. preservation of railroad rights-of-way to assure the 28 availability of these corridors for potential future railroad 29 revitalization and public transportation needs; and 30 SECTION 46 31 Whereas, preservation of railroad rights-of-way and easements 32 TO AMEND SECTION 12-7-435, AS AMENDED, OF THE 1976 CODE, for present and future transportation uses and interim 33 RELATING TO DEDUCTIONS ALLOWED FROM SOUTH CAROLINA TAXABLE compatible public uses are vital to the growth and prosperity 34 INCOME FOR PURPOSES OF THE STATE INDIVIDUAL INCOME TAX, SO AS of South Carolina and serve the public purpose. Now, 35 TO ALLOW A DEDUCTION FOR THE WHOLESALE VALUE OF AGRICULTURAL therefore, 36 PRODUCE WHICH A FARMER ALLOWS TO BE REMOVED FROM HIS LAND 37 AFTER COMMERCIAL HARVESTING IF HIS DONATION OF PRODUCE A. Title 58 of the 1976 Code is amended by adding: 38 QUALIFIES FOR THE CIVIL LIABILITY EXEMPTION FOR DONATED FOOD 39 PROVIDED BY CHAPTER 74 OF TITLE 15 OF THE 1976 CODE, TO "CHAPTER 20 40 REQUIRE THE DONOR TO REPORT FARM INCOME OR LOSS ON HIS 41 FEDERAL INCOME TAX RETURN, AND TO PROVIDE THAT THE SOUTH Railroad Preservation and Revitalization 42 CAROLINA TAX COMMISSION SHALL PRESCRIBE PROCEDURES TO 43 DETERMINE THE WHOLESALE VALUE OF THE DONATED PRODUCE. Section 58-20-10. The Governor's Office of Executive 44 Policy and Programs is designated as the agency of the State
PART II PAGE 812 1 principally responsible for preserving railroad rights-of-way (d) receive and consider a proposal or recommendation for 2 for future use. This authority includes, but is not limited a project submitted by a public or private entity or an 3 to, the power to apply for or receive state, federal, or individual. 4 other funds for rail corridor preservation and revitalization 5 programs but does not preclude another governmental entity, Section 58-20-50. The division, or another agency or 6 public or private organization, or individual from entering entity to which the division has leased or transferred title 7 into a contract or agreement concerning use or preservation to a rail corridor for preservation for future use and for 8 of available railroad rights-of-way or from applying or interim public use, by permit may authorize use of the 9 receiving funds for rail corridor preservation and corridor for other temporary public purposes compatible with 10 revitalization programs. the interim public use and preservation of the corridor for 11 future rail use. If a permit is issued for temporary public 12 Section 58-20-20. As used in this chapter, `division' use that damages or adversely affects the interim public use 13 means the Division of Transportation of the Governor's Office or preservation of the corridor for future rail use, the 14 of Executive Policy and Programs. damages or adverse effects must be fully mitigated. A fee 15 may be assessed for issuing a temporary public use permit. 16 Section 58-20-30. The division shall develop and submit 17 a state railroad corridor preservation and revitalization Section 58-20-60. A railroad right-of-way that is held for 18 plan to the House of Representatives Education and Public railroad right-of-way preservation or that is the subject of 19 Works Committee and the Senate Transportation Committee. a railroad right-of-way preservation agreement must be 20 considered held for railroad use and may not be considered 21 Section 58-20-40. In developing the state railroad abandoned for the purpose of any law. A right-of-way 22 corridor preservation and revitalization plan, the division preservation agreement may provide for an interim public use 23 shall: of a right-of-way in a manner compatible with maintaining the 24 (1) take into consideration the interests of the South right-of-way for other future rail purposes. 25 Carolina Public Railways Commission, the South Carolina 26 Department of Highways and Public Transportation, the Section 58-20-70. The division may use or distribute 27 Department of Parks, Recreation and Tourism, the Coordinating state, federal, or other funds at its disposal to appropriate 28 Council for Economic Development, the Public Service private or public entities for the purpose of rail corridor 29 Commission, and other concerned agencies, departments, and preservation and revitalization programs or other interim 30 commissions, affected counties, cities, and towns, and compatible uses consistent with this chapter. These funds may 31 regional transportation authorities; be used for, but are not limited to, purchasing rights-of-way 32 (b) review the rail preservation and revitalization or easements or for constructing facilities associated with 33 activities within the State and in adjoining states and interim public uses. 34 consider coordinating with other entities for plan and route 35 development with special attention to be given to statewide Section 58-20-80. Notwithstanding any provision of law to 36 and interstate route networks; the contrary, the division has a preferential right to 37 (c) examine the potential for revitalization acquire railroad rights-of-way and easements proposed for 38 transportation uses and evaluate existing and former railroad abandonment for purposes of preservation for present and 39 rights-of-way or easements to determine their suitability for future transportation uses and interim compatible public uses 40 trail or other compatible interim public uses including, but consistent with this chapter. This right applies to all 41 not limited to, recreational walking and running and property located in this State that was acquired for the 42 recreational and commuting bicycling; purpose of operating a railroad on the property and for which 43 authorization has been sought from the Interstate Commerce 44 Commission for abandonment of the line. A property owner of
PART II PAGE 813 1 a railroad right-of-way must notify in writing the division 2 at the time it files for authorization from the Interstate SECTION 48 3 Commerce Commission for abandonment of a line in this State. 4 No property owner may dispose of the property without having TO AMEND THE 1976 CODE BY ADDING SECTION 57-5-1140 SO AS TO 5 first obtained a release of the preferential right from the PROVIDE FOR INSTALLATION OF RESIDENTIAL RIGHTS-OF-WAY 6 division. ENTRANCES AND APRONS TO STATE HIGHWAYS BY THE DEPARTMENT OF 7 HIGHWAYS AND PUBLIC TRANSPORTATION. 8 Section 58-20-90. Within two hundred eighty days after 9 providing the property owner with the notice of intent to A. The 1976 Code is amended by adding: 10 exercise this right, the division must notify the property 11 owner in writing that the preferential right is being "Section 57-5-1140. The department shall construct at its 12 exercised or provide the property owner with a release of expense with its maintenance forces the portion within the 13 this right. Within sixty days of notification that the right right-of-way of entrances and aprons to state highways at any 14 is being exercised, an agreement must be reached in writing point necessary to render adequate ingress and egress to the 15 with the property owner or a condemnation action initiated. abutting property at locations where the driveways will not 16 constitute hazardous conditions. The driveways must be of 17 Section 58-20-100. The division may acquire by purchase, access to existing developed property or property that is 18 gift, or other method property that is part of a railroad being developed for the personal use of the owner and not for 19 line including a railroad right-of-way or easement or other speculative or resale purposes. An entrance ten feet wide 20 property needed to carry out the purposes of this chapter. (paved portion) measured at right angles to the centerline of 21 the driveway is the maximum width for one-way traffic. An 22 Section 58-20-110. The division shall submit an annual entrance sixteen feet wide (paved portion) is the maximum 23 report to the House of Representatives Education and Public width for two-way traffic. If pipe culvert is necessary for 24 Works Committee and the Senate Transportation Committee drainage, the department shall install the amount necessary 25 concerning its railroad preservation and revitalization for twelve inch, fifteen inch, eighteen inch, twenty-four 26 activities and progress thereto, including, but not limited inch, or thirty inch pipe. Should the driveway installation 27 to, implementation of and any revisions to the state railroad require pipe larger than thirty inches, the department may 28 corridor preservation and revitalization plan required by install the pipe and charge the homeowner for the difference 29 this chapter." in cost between thirty inch pipe and larger diameter pipe 30 required. Driveways requiring drainage structures other than 31 B. The state railroad corridor preservation and pipe must be brought to the attention of the State 32 revitalization plan required by Section 58-20-30, as Maintenance Engineer. The entrances to be constructed as 33 contained in subsection A of this section, must be submitted outlined in this section shall include base and surfacing as 34 by the division to the House Education and Public Works necessary to provide an all weather driveway entrance. If 35 Committee and the Senate Transportation Committee by July 1, wider entrances or additional entrances are requested and 36 1993. approved, the construction may be performed by the department 37 at the owner's expense." 38 C. The provisions of this section must be funded in part by 39 an appropriation of one thousand dollars from the amount B. This section takes effect July 1, 1992. 40 appropriated for implementing federal programs, line 22, page 41 59 in Section 5C, Part I (Governor's Ofc-Executive Policy and 42 Programs) of this act. SECTION 49 43 44 D. This section takes effect upon approval by the Governor.
PART II PAGE 814 1 TO AMEND THE 1976 CODE BY ADDING SECTION 44-96-85 SO AS TO that for fiscal year 1992-93 such revenue or so much thereof 2 IMPOSE AN ADDITIONAL TIPPING FEE OF FIVE DOLLARS A TON ON as may be necessary shall be used to fund the increase in 3 SOLID WASTE GENERATED OUT OF STATE AND DISPOSED OF IN THIS state support for circuit solicitors above that provided for 4 STATE AND TO PROVIDE FOR THE DISPOSITION OF THE REVENUE OF fiscal year 1991-92 as contained in Part I, Section 10A of 5 THIS ADDITIONAL FEE. the 1992-93 General Appropriations Act. 6 7 A. Article 1, Chapter 96, Title 44 of the 1976 Code is 8 amended by adding: SECTION 51 9 10 "Section 44-96-85. In addition to all other fees provided TO REPEAL ARTICLE 37, CHAPTER 5, TITLE 56 OF THE 1976 CODE, 11 in this chapter, including the fees imposed pursuant to RELATING TO VEHICLE INSPECTION. 12 Section 44-96-80(L), there is imposed a fee of five dollars 13 a ton on all solid waste generated out of state and disposed A. Article 37, Chapter 5, Title 56 of the 1976 Code is 14 of in this State. Of each five dollar fee collected, one repealed. 15 dollar must be deposited to the credit of the Solid Waste 16 Management Trust Fund and four dollars must be remitted to B. This section takes effect July 1, 1992. 17 the host county." 18 19 B. This section takes effect July 1, 1992. End of Part II 20 21 All Acts or parts of Acts inconsistent with any of the 22 SECTION 50 provisions of Part I of this Act are hereby suspended for the 23 Fiscal Year 1992-93. 24 TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-725 SO AS TO All Acts or parts of Acts inconsistent with any of the 25 PROVIDE THAT ANY PERSON CONVICTED OF, PLEADING GUILTY OR NOLO provisions of Part II of this Act are hereby repealed. 26 CONTENDERE TO, OR POSTING BOND FOR A TRAFFIC VIOLATION FOR 27 WHICH POINTS ARE ASSESSED PURSUANT TO SECTION 56-1-720 MUST 28 PAY AN ADDITIONAL ASSESSMENT OF FIVE DOLLARS NO PORTION OF 29 WHICH MAY BE SUSPENDED AND TO PROVIDE FOR THE USE OF THE 30 REVENUE GENERATED BY THIS PROVISION INCLUDING THE MANNER IN 31 WHICH SUCH REVENUE SHALL BE EXPENDED FOR FISCAL YEAR 1992-93. 32 33 (A) The 1976 Code is amended by adding: 34 35 "Section 56-1-725. Any person convicted of, pleading 36 guilty or nolo contendere to, or posting bond for a traffic 37 violation for which points are assessed pursuant to Section 38 56-1-720 must pay an additional assessment of five dollars no 39 portion of which may be suspended. This assessment is not 40 considered part of any fine imposed for the offense." 41 42 (B) The revenue generated by the provisions of Section 56-1-725 must be 43 deposited in the general fund of the State and 44 used in the manner the General Assembly shall provide, except
PART II PAGE 815 1 Except as otherwise specifically provided herein this Act 2 shall take effect immediately upon its approval by the 3 Governor.
1 INDEX OF PERMANENT PROVISIONS 2 BY SECTION NUMBER AND SUBJECT 3 4 PART II 5 SECTION SECTION 6 7 1 Code of Laws 38 School District Fringe Benefit Allocation - TABLED 8 2 Employees & Retirees Insurance - DELETED 39 Sheriff's Department Restructuring Referendum - 9 3 General Assembly Retirement System - DELETED RULED NON-GERMANE 10 4 Sales Tax Vendor Discount - DELETED 40 SHIMS Earnings on Investments 11 5 Hazardous Waste Disposal Fees - DELETED 41 SHIMS Federal Match 12 6 Low-Level Radioactive Waste Disposal Fees - DELETED 42 Suggestion Awards Program 13 7 Aging Facility - Permanent Improvement 43 Superb Account 14 Fund - RULED NON-GERMANE 44 Watercraft Fees & Fines 15 8 Biennial Licensure - Alcoholic Beverage 45 Employee Moving Expenses 16 9 Biennial Licensure - Charitable Organizations 46 Income Tax Deduction - Agricultural Produce 17 10 Biennial Licensure - Coin Operated Devices & Motor 47 Railroad Preservation & Revitalization Act 18 Carriers 48 Residential Rights-of-Way 19 11 Biennial Licensure - Insurance 49 Solid Waste Fee Increase 20 12 Biennial Licensure - Motor Vehicles 50 Traffic Violation Fines Increase 21 13 Board of Economic Advisors 51 Vehicle Inspection 22 14 Dental License Renewal Fee - TABLED 23 15 Energy Office 24 16 Forestry Seedling Program 25 17 Hazardous & Non-Hazardous Disposal Fees 26 18 Hazardous Waste Contingency Fund - Interest 27 19 Hospital Assessment Tax 28 20 Infectious Waste Contingency Fund - Interest 29 21 Jobs Economic Development Authority 30 22 Local Government Fund - RULED NON-GERMANE 31 23 Local Government Fund - Road Maintenance - RULED 32 NON-GERMANE 33 24 Low-Level Radioactive Waste Disposal Tax 34 25 National Guard Pension - RULED NON-GERMANE 35 26 Nursing Home Bed Fee 36 27 Pharmacist License Renewal Fee - DELETED 37 28 Physician & Osteopath License Renewal Fee - TABLED 38 29 POLA Testing Fees 39 30 Procurement Codes 40 31 Railway Commission 41 32 Residential Builder's License 42 33 Sales & Use Tax - 1-900/976 Telephone Numbers 43 34 Sales Tax - Accrual 44 35 Sales Tax - Catalog Sales 45 36 Sales Tax - Vendor Discount 46 37 Savannah Valley Authority

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