General Appropriations Bill H. 4600 for the fiscal year beginning July 1, 1996
(Doc. No. L:\Council\Legis\Bills\DKA\3784HTC.96)
C O N F E R E N C E R E P O R T
H. 4600
The General Assembly
Columbia, South Carolina
May 30, 1996
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 4600, General Appropriations Bills for Fiscal Year 1996-97.
Beg leave to report that they have duly and carefully
considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the
enacting words and inserting:
PART IA
PART II
PERMANENT PROVISIONS
SECTION 1
The Code Commissioner is directed to include all permanent general
laws in this Part in the next edition of the Code of Laws of South
Carolina, 1976, and all supplements to the Code.
SECTION 2
TO REPEAL SECTIONS 11-11-60, 11-11-130, AND 11-25-110 OF THE 1976
CODE, RELATING TO OBSOLETE PROVISIONS RELATING TO THE FORMER
RESPONSIBILITIES OF THE STATE BUDGET AND CONTROL IN THE
BUDGET-MAKING PROCESS AND AGENCY REPORTING REQUIREMENTS.
A. Sections 11-11-60, 11-11-130, and 11-25-110 of the 1976 Code
are repealed.
B. This section takes effect July 1, 1996.
SECTION 3
TO REPEAL SECTION 1-11-21 OF THE 1976 CODE, RELATING TO REPORTING
DATES FOR THE ANNUAL BUDGET REPORT.
A. Section 1-11-21 of the 1976 Code is repealed.
B. This section takes effect July 1, 1996.
SECTION 4
TO AMEND SECTION 48-48-140 OF THE 1976 CODE, RELATING TO THE TAX ON
LOW-LEVEL RADIOACTIVE WASTE DISPOSAL OF TWO HUNDRED THIRTY-FIVE
DOLLARS A CUBIC FOOT AND THE DISTRIBUTION OF THIS REVENUE INCLUDING
A SPECIFIED PORTION TO BE USED FOR THE PURPOSES OF THE EDUCATIONAL
ASSISTANCE ENDOWMENT FUND, SO AS TO CHANGE THE NAME OF THIS FUND TO
THE CHILDREN'S EDUCATION ENDOWMENT; AND TO AMEND CHAPTER 143 OF
TITLE 59 OF THE 1976 CODE, RELATING TO THE EDUCATIONAL ASSISTANCE
ENDOWMENT FUND, SO AS TO CHANGE THE NAME OF THE FUND TO THE
`CHILDREN'S EDUCATION ENDOWMENT', DELETE THE AUTHORITY TO
ACCUMULATE MONIES IN THE ENDOWMENT, AND TO FURTHER PROVIDE FOR THE
MANNER IN WHICH FUNDS THEREIN MUST BE USED AND DISTRIBUTED.
A. Section 48-48-140 of the 1976 Code, as added by Section 79,
Part II, Act 145 of 1995, is amended to read:
"Section 48-48-140. (A) There is imposed a tax of two hundred
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thirty-five dollars a cubic foot on each cubic foot of low-level
radioactive waste disposed of in this State. The revenues
resulting from the provisions of this section must be used for the
South Carolina Educational Assistance Endowment Fund Children's
Education Endowment as reflected in appropriations to the State
Treasurer in Part I, Section 10 of the 1995-96 general
appropriations act and as thereafter provided, except as provided
in Subsection (C).
(B) The owner or operator of a low-level radioactive waste
disposal facility no later than thirty days following the end of
each quarter shall submit the following to the South Carolina
Department of Revenue and Taxation:
(1) a report detailing the quantity and type of waste
disposed of during the previous calendar quarter; and
(2) a check made payable to the South Carolina
Department of Revenue and Taxation for the amount of the tax
imposed in (A) above.
(C) An amount equal to six dollars a cubic foot of each cubic
foot of waste disposed of in this State must be allocated to the
Education Finance Act until such time as the program is fully
funded. All remaining revenues collected pursuant to this section
must be allocated as follows: ninety-five percent of the revenues
collected pursuant to this section must be credited to the South
Carolina Educational Assistance Endowment Fund Children's Education
Endowment, a fund separate and distinct from the general fund of
the State, in the manner provided by law, and the remaining
revenues must be remitted by the State Treasurer to the governing
body of Barnwell County for distribution to each of the parties to
and beneficiaries of the order of the United States District Court
in C.A. No. 1:90-2912-6 on the same schedule of allocation as is
established within that order for the distribution of `payments in
lieu of taxes' paid by the United States Department of Energy.
(D) For purposes of this section `low-level radioactive
waste' means property delivered to the low-level radioactive waste
disposal facility in Barnwell County for long-term disposal. It
does not include materials consumed or disposed of arising out of
the operation of the facility.
(E) The tax imposed by this section is calculated by
multiplying the amount of the tax imposed on a cubic foot by the
cubic foot amount specified in the permits required by the South
Carolina Department of Health and Environmental Control and
submitted at the time of delivery of the low-level radioactive
waste."
B. Chapter 143 of Title 59 of the 1976 Code, as added by Section
82, Part II of Act 145 of 1995, is amended to read:
"CHAPTER 143
Educational Assistance
Children's Education Endowment Fund
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Section 59-143-10. There is hereby established the South
Carolina Educational Assistance Endowment Fund Children's Education
Endowment. The revenue received pursuant to Section 48-48-140(C)
must be deposited by the State Treasurer in a fund separate and
distinct from the state general fund entitled the `Educational
Assistance Endowment Fund' `Children's Education Endowment'. All
interest or income earned by the fund shall be retained in the fund
and used for its stated purposes which are to provide funding for
Public School Facilities Assistance and Higher Education
Scholarship Grants. It is the intent of the General Assembly that
in creating this endowment that its funds be managed so as to
establish and fund these programs permanently. Upon receipt of
monies transferred to the Children's Education Endowment Fund by
the State Treasurer, thirty percent of these monies must be
allocated to Higher Education Scholarship Grants and seventy
percent must be allocated to Public School Facility Assistance.
Earnings on each allocation shall accumulate for the benefit of
that particular program. For purposes of the allocation to Higher
Education Scholarship Grants, the Budget and Control Board shall
release a minimum of ten million dollars annually beginning with
the 1996-97 fiscal year. Beginning with the fiscal year ending
June 30, 1996, the Comptroller General shall record low-level
radioactive waste tax revenues collected from the Barnwell waste
facility on the accrual basis; however, no expenditure may be made
against these accrued revenues until the related cash is deposited
with the State. These revenues must be distributed in the manner
prescribed by Section 48-48-140. Funds made available for
Need-based Grants and Palmetto Fellows Scholarships through the
Higher Education Scholarship Grants allocation must be no more than
the prior year's earned revenue and must be released for use on
July first and January first of each fiscal year. Funds made
available from the public school facilities program allocation must
be no more than the funds earned and received for that allocation
through the most recently completed quarter.
Section 59-143-20. The board in its discretion may accumulate
the principal and income of each program's funds, may disburse a
portion or all of each program's annual or accumulated principal or
income, and may for purposes of Public School Facilities Assistance
cause to be issued revenue bonds as provided by law the debt
service on which may be paid from that program's funds. All
principal and income of each program's funds may be carried forward
from fiscal year to fiscal year and used for that program's
purposes."
C. This section takes effect July 1, 1996.
SECTION 5
TO AMEND SECTION 12-28-2720 OF THE 1976 CODE, RELATING TO
DISTRIBUTION OF THE REVENUES OF THE 10.34 CENTS A GALLON TAX ON
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GASOLINE, SO AS TO PHASE-IN THE CREDITING OF THE TOTAL AMOUNT OF
THE TAX TO THE STATE HIGHWAY FUND.
A. Section 12-28-2720 of the 1976 Code, as added by Act 136 of
1995, is amended to read:
"Section 12-28-2720. The proceeds from ten and thirty-four
hundredths cents a gallon of the tax on gasoline only as levied and
provided for in this chapter must be distributed as follows: nine
and thirty-four hundredths cents on each gallon must be turned over
to the Department of Transportation for the purpose of that
department, and one cent a gallon must be deposited to the credit
of the general fund of the State."
B. Notwithstanding the provisions of Section 12-28-2720 of the
1976 Code as amended by this section, and for the applicable
portion of Fiscal Year 1996-97 only, revenues of the 10.34 cents a
gallon tax on gasoline must be distributed as follows:
(1) 9.84 cents a gallon must be turned over to the Department
of Transportation for the purposes of the department; and
(2) one-half cent a gallon must be deposited to the credit of
the general fund of the State.
C. This section takes effect June 1, 1997.
SECTION 6
("C" Funds Allocation) - DELETED
SECTION 7
(Highway Patrol Law Enforcement Account) - DELETED
SECTION 8
TO AMEND THE 1976 CODE BY ADDING SECTION 12-37-935 SO AS TO PROVIDE
A PHASED-IN INCREASE IN THE DEPRECIATION ALLOWANCE FOR
MANUFACTURER'S MACHINERY AND EQUIPMENT FOR PURPOSES OF THE PROPERTY
TAX AND TO PROVIDE FOR THE REIMBURSEMENT OF LOCAL TAXING ENTITIES
FOR REVENUES NOT COLLECTED BECAUSE OF THIS ADDITIONAL DEPRECIATION;
AND TO AMEND SECTION 12-37-930, AS AMENDED, RELATING TO VALUATION
OF PROPERTY AND DEPRECIATION OF MANUFACTURER'S MACHINERY AND
EQUIPMENT FOR PURPOSES OF THE PROPERTY TAX, SO AS TO CONFORM IT TO
THE PROVISIONS OF SECTION 12-37-935 AS ADDED BY THIS ACT.
A. Article 5, Chapter 37, Title 12 of the 1976 Code is amended by
adding:
"Section 12-37-935. (A) Except as provided in Section
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12-37-930 for custom molds and dies used in the conduct of
manufacturing electronic interconnection component assembly devices
for computers and computer peripherals, and equipment used in the
manufacture of tires by manufacturers who employ more than five
thousand employees in this State and have over one billion dollars
in capital investment in this State, the original cost must not be
reduced more than the percentage provided in the following
schedule:
Property Tax Year Maximum Percentage Depreciation
Before 1997 80 percent
1997 83.3 percent
1998 86.6 percent
After 1998 90 percent.
(B) There is established in the State Treasury a fund separate
and distinct from the general fund of the State and all other funds
styled The Depreciation Property Tax Reimbursement Fund. Annually,
the General Assembly shall appropriate to this fund an amount
sufficient to reimburse all local taxing entities the amount of
revenue not collected as a result of the additional depreciation
more than eighty percent allowed for manufacturer's machinery and
equipment pursuant to this section. No reimbursement is allowed
for any depreciation allowed in connection with custom molds and
dies used in the conduct of manufacturing electronic
interconnection component assembly devices for computers and
computer peripherals and equipment used in the manufacture of tires
by manufacturers who employ more than five thousand employees in
this State and have over one billion dollars in capital investment
in this State. Reimbursements must be paid from the fund in the
manner provided in Section 12-37-270, mutatis mutandis."
B. The penultimate paragraph of Section 12-37-930 of the 1976 Code,
as last amended by Act 231 of 1996, is further amended to read:
"In no event may the original cost be reduced by more than
eighty percent as provided in Section 12-37-935, except this limit
is ninety percent for: (1) custom molds and dies used in the
conduct of manufacturing electronic interconnection component
assembly devices for computers and computer peripherals; and (2)
equipment used in the manufacture of tires by manufacturers who
employ more than five thousand employees in this State and have
over one billion dollars in capital investment in this State.
Capital investment will be based upon the gross cost of assets in
South Carolina as shown on the manufacturer's property tax and
fee-in-lieu of property tax filings. In the year of acquisition,
depreciation is allowed as if the property were owned for the full
year. The term `original cost' means gross capitalized cost,
including property on which the taxpayer made the election allowed
pursuant to Section 179 of the Internal Revenue Code of 1986, as
shown by the taxpayer's records for income tax purposes. For
purposes of this paragraph, custom molds and dies used in the
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conduct of manufacturing electronic interconnection component
assembly devices for computers and computer peripherals are molds
and dies designed, produced, and conditioned to the special order
of a manufacturer."
C. This section takes effect for property tax years beginning after
1996.
SECTION 9
(Senior Citizens Income Tax Relief) - DELETED
SECTION 10
TO AMEND SECTION 12-28-2730 OF THE 1976 CODE, RELATING TO THAT
PORTION OF GASOLINE TAX CREDITED TO THE SPECIAL WATER RECREATIONAL
RESOURCES FUND, SO AS TO PROVIDE FOR THE REIMBURSEMENT OF THE
DEPARTMENT OF NATURAL RESOURCES FOR NOXIOUS AQUATIC WEED TREATMENT.
A. Section 12-28-2730(C) of the 1976 Code, as added by Act 136 of
1995, is amended to read:
"(C) The Department of Natural Resources must be reimbursed for
engineering, design, rehabilitation, and law enforcement costs
incurred in the administration of the provisions of this section,.
The Department of Natural Resources must be reimbursed for noxious
aquatic weed treatment. but funds Funds for law enforcement and
noxious aquatic weed treatment may not exceed one-third of revenues
to the special water recreational resources fund. Funds for
reimbursement must be transferred from funds collected under the
provisions of this section."
B. This section takes effect July 1, 1996.
SECTION 11
(Victim's Assistance Program/Battered Spouses & Rape Crisis) -
DELETED
SECTION 12
TO REPEAL SECTION 11-9-60 OF THE 1976 CODE, RELATING TO CERTAIN
OFFICES FURNISHING THE COMPTROLLER GENERAL WITH REPORTS OF
EVIDENCES OF INDEBTEDNESS DUE TO THE STATE.
A. Section 11-9-60 of the 1976 Code is repealed.
B. This section takes effect July 1, 1996.
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SECTION 13
TO REPEAL SECTION 1-11-380 OF THE 1976 CODE, RELATING TO THE
STATEWIDE VENDOR CODING SYSTEM AND SECTION 1-11-390, RELATING TO
THE COMPTROLLER GENERAL'S ACCUMULATION AND REPORTING OF EXPENDITURE
TRANSACTIONS AND HIS DETERMINATION OF THE SUMMARY LEVEL FOR
REPORTING UNDER THE FISCAL ACCOUNTABILITY ACT.
A. Sections 1-11-380 and 1-11-390 of the 1976 Code are repealed.
B. This section takes effect July 1, 1996.
SECTION 14
TO REPEAL SECTION 11-5-40 OF THE 1976 CODE, RELATING TO THE
ISSUANCE OF DUPLICATE RECEIPTS TO CERTAIN PERSONS.
A. Section 11-5-40 of the 1976 Code is repealed.
B. This section takes effect July 1, 1996.
SECTION 15
TO REPEAL SECTION 11-9-100 OF THE 1976 CODE, RELATING TO THE BUDGET
AND CONTROL BOARD'S AUTHORITY TO WITHHOLD APPROPRIATIONS FROM AN
AGENCY FAILING TO CORRECT CERTAIN DEFICIENCIES OR VIOLATIONS CITED
IN INTERNAL OPERATIONS.
A. Section 11-9-100 of the 1976 Code is repealed.
B. This section takes effect July 1, 1996.
SECTION 16
TO AMEND SECTION 10-1-140 OF THE 1976 CODE, RELATING TO
RESPONSIBILITY FOR PERSONAL PROPERTY OF STATE DEPARTMENTS,
AGENCIES, AND INSTITUTIONS, SO AS TO PLACE RESPONSIBILITY FOR SUCH
PROPERTY IN THE AGENCY HEAD REGARDLESS OF THE NUMBER OF EMPLOYEES.
A. Section 10-1-140 of the 1976 Code is amended to read:
"Section 10-1-140. The head of each department, agency or
institution of this State, which employs less than one hundred
permanent employees, shall be responsible for all personal property
under his supervision and each fiscal year shall submit an
inventory of all such property, except expendables, to the Director
of the Division of General Services no later than August first of
each year. The Director of the Division of General Services shall
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keep an accurate record of all such inventories and shall make such
rules and regulations as may be necessary to carry out the
provisions of this paragraph.
The head of each department, agency or institution of this
State, which employs more than one hundred permanent employees,
shall be is responsible for all personal property under his
supervision and each fiscal year shall make an inventory of all
such property under his supervision, except expendables. The State
Auditor shall make an audit of any such this property whenever as
he sees fit considers necessary or whenever when requested to do
so."
B. This section takes effect July 1, 1996.
SECTION 17
TO AMEND THE 1976 CODE BY ADDING SECTION 8-15-65 SO AS TO REQUIRE
ANNUAL APPROPRIATIONS BY THE GENERAL ASSEMBLY FOR SALARY
SUPPLEMENTS FOR COUNTY CLERKS OF COURT, PROBATE JUDGES, SHERIFFS,
REGISTERS OF MESNE CONVEYANCES, COUNTY AUDITORS, AND COUNTY
TREASURERS TO PROVIDE FOR THE MANNER OF PAYMENT OF THESE
SUPPLEMENTS, AND TO PROVIDE FOR A REDUCTION IN THE DISTRIBUTION DUE
A COUNTY UNDER THE STATE AID TO SUBDIVISIONS ACT WHEN A COUNTY
REDUCES THE SALARY OR REDUCES THE OFFICE FUNDING FOR ANY OF THESE
OFFICES.
A. Chapter 15, Title 8 of the 1976 Code is amended by adding:
"Section 8-15-65. (A) The General Assembly shall appropriate
annually salary supplements for the following county officers:
(1) clerks of court;
(2) probate judges;
(3) sheriffs;
(4) registers of mesne conveyances;
(5) auditors;
(6) treasurers.
(B) The amounts appropriated for salary supplements pursuant to
subsection (A) must include both salary and related employer
contributions and are in addition to amounts provided as
compensation for these officials by counties. To the extent that
compensation for these officers is reduced by a county or there is
any other reduction of expenditures in the operations of their
offices, a corresponding reduction must be made in the distribution
otherwise due the county pursuant to Chapter 27 of Title 6, the
State Aid to Subdivisions Act.
(C) Except as provided in subsection (B), the salary supplement
must be uniform with respect to a particular county officer but may
vary between the different category of officers.
(D) Amounts appropriated for the officers listed in subsection
(A)(1), (2), (3), and (4) must be paid to county treasurers in a
lump sum at the beginning of the fiscal year and paid to these
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officers over a twelve-month period in the same manner that
salaries are paid county employees. Amounts appropriated pursuant
to this section for the officers listed in subsection (A)(5) and
(6) must be administered by the Office of the Comptroller General
and paid in accordance with the schedule and method of payment
provided for state employees."
B. This section takes effect July 1, 1996.
SECTION 18
(General Assembly Adjournment Date Change) - DELETED
SECTION 19
(Patriot's Point Loan Repayment Extension for Spoleto) - DELETED
SECTION 20
TO AMEND TITLE 59 OF THE 1976 CODE, RELATING TO EDUCATION, BY
ADDING CHAPTER 142 SO AS TO ESTABLISH A NEED-BASED GRANTS PROGRAM
UNDER WHICH STUDENTS MEETING CERTAIN QUALIFICATIONS WHO ENROLL AS
UNDERGRADUATES IN PUBLIC OR SPECIFIED PRIVATE INSTITUTIONS OF
HIGHER LEARNING IN THIS STATE MAY RECEIVE A NEED-BASED GRANT
DERIVED FROM THE CHILDREN'S EDUCATION ENDOWMENT FUND; TO AMEND
SECTION 59-104-20, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP
PROGRAM, SO AS TO DELETE THE REQUIREMENT THAT ONE-HALF OF THE
SCHOLARSHIP AMOUNT BE PROVIDED BY THE INSTITUTION AT WHICH THE
STUDENT IS ENROLLED; AND TO PROVIDE FOR THE MANNER IN WHICH FUNDING
FOR THE NEED-BASED GRANTS PROGRAM ESTABLISHED ABOVE AND FOR THE
PALMETTO FUND SCHOLARSHIP PROGRAM SHALL BE ALLOCATED TO THE VARIOUS
INSTITUTIONS.
A. Title 59 of the 1976 Code is amended by adding:
"CHAPTER 142
Students First Financial Resources for Scholarships and Tuition
Section 59-142-10. (A) The State shall fund a need-based grant
for a student who enrolls as an undergraduate in a public
institution of higher learning in this State, who applies for the
need-based grant, and who meets the following qualifications:
(1) meets domicile requirements as defined in Section
59-112-20 with the additional requirement of at least twelve
consecutive months of residency in the State of South Carolina
immediately preceding enrollment;
(2) is accepted by and enrolled or registered in a state
public institution of higher learning as a first degree full-time
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student in a certificate, or diploma of at least one year in
length, or undergraduate degree program;
(3) is of good moral character and has never been convicted of
a felony; and
(4) is found to be in financial need according to federal
Title IV regulations.
(B) To maintain continued state need-based grants, once enrolled
a student shall:
(1) complete a minimum of twenty-four semester hours an
academic year and make satisfactory academic progress toward a
degree as determined by the institution;
(2) have no criminal record;
(3) be eligible for the need-based grants for a maximum of
four academic years of two semesters.
Section 59-142-20. Consistent with this section, the
Commissioner of Higher Education shall be responsible for making
guidelines available for FY 96-97 and shall promulgate regulations
necessary to administer the need-based grants program in accordance
with the Administrative Procedures Act for years after 1996-97.
The need-based grants program must be administered at the campus
level.
Pursuant to Section 59-103-165, the commission shall incorporate
information pertaining to the need-based grant program in the
information packets concerning post-secondary education for eighth
grade students and their parents or guardians.
Section 59-142-30. Assessment of need must be determined only
after all other sources of grant funding, including institutional,
state, and federal sources have been exhausted.
Section 59-142-40. The provisions of this chapter apply to
eligible students beginning in the 1996-97 academic year. Funds
must be allocated in a given year to institutions based on the
percentage of the state full-time enrollment enrolled at the
institutions in the preceding year. Funds must be awarded to
eligible students according to the financial need of the student.
Section 59-142-50. For the purposes of this chapter, an eligible
public institution of higher learning means a `public institution
of higher learning' as defined in Section 59-103-5.
Section 59-142-60. It shall be unlawful for a person to obtain,
attempt to obtain, expend, or attempt to expend a need-based grant
provided by this chapter for any purpose other than in payment of
or reimbursement for the cost of tuition and fees to the student to
whom the grant has been awarded at the institution the student is
authorized to attend under the grant.
Section 59-142-70. Students at private institutions of higher
learning in this State whose major campus and headquarters are
located in South Carolina also are eligible for need-based grants
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in the manner provided by law."
B. Section 59-104-20 of the 1976 Code, as added by Act 629 of 1988,
is amended to read:
"Section 59-104-20. The Palmetto Fellows Scholarship Program is
established to foster scholarship among the state's post-secondary
students and retain outstanding South Carolina high school
graduates in the State through awards based on scholarship and
achievement. Measures must be taken to ensure equitable minority
participation in this program. Recipients of these scholarships are
designated Palmetto Fellows. Each Palmetto Fellow shall receive a
scholarship in an amount designated by the Commission on Higher
Education, half to be provided by the postsecondary institution at
which he is enrolled. The commission shall promulgate regulations
and establish procedures to administer the program and request
annual state appropriations for the program."
C. (1) Of the funds made available for higher education scholarship
grants from the higher education scholarship grant allocation under
Section 59-143-10 of the 1976 Code for any year, a percentage
thereof must be allocated for higher education scholarships and
grants for students attending South Carolina independent colleges
of higher learning in this State. This percentage shall be
equivalent to the percentage of the independent colleges' share of
the total South Carolina resident undergraduate full-time (FTE)
enrollment of all public and independent higher education
institutions in South Carolina based on the previous year's data as
determined by the Commission on Higher Education and the South
Carolina Tuition Grants Commission.
(2) The allocation each year to students at the South Carolina
independent colleges under item (1) above shall be used to provide
tuition grants under Chapter 113 of Title 59 of the 1976 Code, and
Palmetto Fellows Scholarships under Section 59-104-20 of the 1976
Code in the manner the General Assembly shall provide in the annual
general appropriations act. Of the funds allocated to independent
college students, fifty percent shall be awarded for South Carolina
Tuition Grants and fifty percent shall be awarded under the
Palmetto Fellows Program. The funds allocated for South Carolina
Tuition Grants to South Carolina independent colleges students
under this subsection shall be included in the annual appropriation
to the Commission on Higher Education and transferred annually into
the budget of the South Carolina Tuition Grants Commission in the
amount prescribed in item (1) above. The funds allocated for
Palmetto Fellows Scholarships to South Carolina independent college
students under this subsection shall be included in the annual
appropriation to the Commission on Higher Education and may only be
awarded to eligible students attending South Carolina independent
colleges.
(3) Independent colleges for purposes of this subsection means
those institutions eligible to participate in the South Carolina
Tuition Grants Program as defined by Section 59-113-50.
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(4) Public institutions shall receive the remaining allocation
each year of the funds made available for higher education
scholarship grants under Section 59-143-10. One-half shall be used
to provide higher education need-based grants as provided for in
this act or otherwise provided for in state law, and one-half shall
be used to provide Palmetto Fellows Scholarships under Section
59-104-20 of the 1976 Code in the manner the General Assembly shall
provide in the annual general appropriations act.
(5) The maximum amount of funding provided for awards to
students attending South Carolina independent colleges from the
Children's Education Endowment Fund for South Carolina Tuition
Grants and Palmetto Fellows scholarships shall not exceed the
percentage funding calculation described under item (1) above.
SECTION 21
(USC Athletic Facility Revenue Bond Act) - DELETED
SECTION 22
(Higher Education Revenue Bond Act) - DELETED
SECTION 23
(Repeal Business-Ed Partnership & Business Ed Subcommittee) -
DELETED
SECTION 24
TO AMEND ACT 145 OF 1995, THE GENERAL APPROPRIATIONS ACT FOR FISCAL
YEAR 1995-96, SO AS TO REVISE THE MANNER IN WHICH FUNDS OF THE
CHILDREN'S EDUCATION ENDOWMENT FUND ARE DISTRIBUTED FOR FISCAL YEAR
1995-96.
Paragraph 72.71 of Part IB of Act 145 of 1995 is amended to read:
"72.71. (GP: Educational Assistance Children's Education
Endowment Fund) Notwithstanding provisions contained within this
act, for this fiscal year only, the revenue credited to the
Educational Assistance Children's Education Endowment Fund pursuant
to Section 48-47-175(C) 48-48-140(C) shall be used as follows:
$7,000,000 for University of Charleston -- Acquisition of Adjoining
Property, $4,000,000 for Greenville Higher Education Consortium,
$5,400,000 for Archives and History -- History Center, $600,000 for
the School for the Deaf and the Blind -- Maintenance and Equipment,
and $185,000 for Wil Lou Gray Opportunity School -- Building
Maintenance with the remaining funds to be distributed on a seventy
percent-thirty percent basis to Public School Facilities Assistance
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and Higher Educational Scholarship Grants, respectively; however no
less than $39,400,000 shall go to Scholarship Grants."
SECTION 25
TO AMEND SECTION 14-1-200 OF THE 1976 CODE, RELATING TO THE
SALARIES OF SUPREME COURT JUSTICES, JUDGES OF THE COURT OF APPEALS,
CIRCUIT COURT, AND FAMILY COURT, AND CIRCUIT SOLICITORS, SO AS TO
REVISE OR FURTHER PROVIDE FOR THE SALARIES OF SUCH JUSTICES AND
JUDGES, AND TO DELETE REFERENCES TO SOLICITORS IN THE SECTION; AND
TO AMEND THE 1976 CODE BY ADDING SECTION 1-7-1000 SO AS TO PROVIDE
THAT CIRCUIT SOLICITORS SHALL RECEIVE A SALARY AS PROVIDED BY THE
GENERAL ASSEMBLY IN THE ANNUAL GENERAL APPROPRIATIONS ACT.
A. Section 14-1-200 of the 1976 Code is amended to read:
"Section 14-1-200. The General Assembly shall establish the
salary of the Chief Justice and Associate Justices of the Supreme
Court in the annual general appropriation act with the salary of
the Chief Justice to be one hundred five percent of the salary
fixed for Associate Justices of the Supreme Court and shall fix the
salaries for the court of appeals, circuit court, and family court,
and circuit solicitors according to the following schedule:
(1) The chief judge of the court of appeals shall receive a
salary in an amount not equal to exceed ninety-nine percent of the
salary fixed for Associate Justices of the Supreme Court;
(2) Judges of the court of appeals shall receive a salary in an
amount equal to ninety-seven and one-half percent of the salary
fixed for Associate Justices of the Supreme Court, and circuit
court judges shall receive a salary in an amount not equal to
exceed ninety-five percent of the salary fixed for Associate
Justices of the Supreme Court;
(3) Judges of the family court and circuit solicitors shall
receive a salary in an amount not equal to exceed ninety ninety-two
and one-half percent of the salary fixed for judges of the court of
appeals and circuit court Associate Justices of the Supreme Court."
B. One-half of the increase in the salaries of justices and judges
provided for in the amendment to Section 14-1-200 of the 1976 Code
in subsection A of this section takes effect on July 1, 1997, and
one-half of such increase takes effect on July 1, 1998.
C. The 1976 Code is amended by adding:
"Section 1-7-1000. Circuit solicitors shall receive a salary as
provided by the General Assembly in the annual general
appropriations act."
D. An amount not to exceed one hundred dollars may be appropriated
by the General Assembly to implement the provisions of this
section.
II-13
E. Except as otherwise stated, this section takes effect July 1,
1996.
SECTION 26
TO AMEND SECTION 16-3-26, AS AMENDED, OF THE 1976 CODE, RELATING TO
THE NOTICE THE SOLICITOR MUST GIVE TO A DEFENSE ATTORNEY WHEN HE
SEEKS THE DEATH PENALTY, THE APPOINTMENT OF ATTORNEYS, AND THE
PROVISION OF INVESTIGATIVE, EXPERT, OR OTHER SERVICES TO INDIGENT
PERSONS FACING THE DEATH PENALTY, SO AS TO REVISE THE PROVISIONS
RELATING TO THE PAYMENT OF FEES AND EXPENSES ASSOCIATED WITH THE
DEFENSE OF CERTAIN INDIGENTS, AND THE QUALIFICATIONS AND
APPOINTMENT OF ATTORNEYS HANDLING DEATH PENALTY CASES; TO AMEND
SECTION 17-3-30, AS AMENDED, RELATING TO INDIGENTS WHO HAVE BEEN
APPOINTED LEGAL COUNSEL, CERTAIN FEES THESE PERSONS ARE REQUIRED TO
PAY FOR LEGAL SERVICES, AND FUNDS SET ASIDE FOR THE DEFENSE OF
INDIGENT, SO AS TO REVISE THE PROCESS OF COLLECTING FEES FROM
INDIGENTS WHO HAVE BEEN APPOINTED LEGAL COUNSEL; TO AMEND SECTION
17-3-330, AS AMENDED, RELATING TO DUTIES OF THE OFFICE OF INDIGENT
DEFENSE, SO AS TO PROVIDE FOR THE DISTRIBUTION OF UNEXPENDED FUNDS
AND THE QUALIFICATIONS A PERSON SHALL POSSESS TO BE APPOINTED BY
THE COURT AND COMPENSATED BY THE DEATH PENALTY TRIAL FUND.
A. Section 16-3-26 of the 1976 Code, as last amended by Section
45D, Part II, Act 164 of 1993, and Section 14.1, Part IB, Act 145
of 1995, is further amended to read:
"Section 16-3-26. (A) [From and after July 1, 1996, this section
reads as follows:] Whenever the solicitor seeks the death penalty
he shall notify the defense attorney of his intention to seek such
penalty at least thirty days prior to the trial of the case. At
the request of the defense attorney, the defense attorney shall be
excused from all other trial duties ten days prior to the term of
court in which the trial is to be held.
(B) Whenever any person is charged with murder and the death
penalty is sought, the court, upon determining that such person is
unable financially to retain adequate legal counsel, shall appoint
two attorneys to defend such person in the trial of the action.
One of the attorneys so appointed shall have at least five years'
experience as a licensed attorney and at least three years'
experience in the actual trial of felony cases, and only one of the
attorneys so appointed shall be the Public Defender or a member of
his staff. In all cases where no conflict exists, the public
defender or member of his staff shall be appointed if qualified. If
a conflict exists, the court shall then turn first to the contract
public defender attorneys, if qualified, before turning to the
Office of Indigent Defense.
Notwithstanding any other provision of law, the court shall
order payment of all fees and costs from funds available to the
Office of Indigent Defense for the defense of indigent. Any
attorney appointed shall be compensated at a rate not to exceed
fifty dollars an hour for time expended out of court and
II-14
seventy-five dollars an hour for time expended in court.
Compensation shall not exceed twenty-five thousand dollars and
shall be paid from funds available to the Office of Indigent
Defense for the defense of indigent represented by court-appointed,
private counsel.
(C) Upon a finding in ex parte proceedings that investigative,
expert, or other services are reasonably necessary for the
representation of the defendant whether in connection with issues
relating to guilt or sentence, the court shall authorize the
defendant's attorneys to obtain such services on behalf of the
defendant and shall order the payment, from funds available to the
Office of Indigent Defense, of fees and expenses not to exceed
twenty-five hundred dollars as the court shall deem appropriate.
Payment of such fees and expenses may be ordered in cases where the
defendant is an indigent represented by either court-appointed,
private counsel or the public defender.
(D) Payment in excess of the hourly rates and limit in
subsection (B) or (C) is authorized only if the court certifies, in
a written order with specific findings of fact, that payment in
excess of the rates is necessary to provide compensation adequate
to ensure effective assistance of counsel and payment in excess of
the limit is appropriate because the services provided were
reasonably and necessarily incurred. Upon a finding that timely
procurement of such services cannot await prior authorization, the
court may authorize the provision of and payment for such services
nunc pro tunc.
(E) After completion of the trial, the court shall conduct a
hearing to review and validate the fees, costs, and other
expenditures on behalf of the defendant.
(F) The Supreme Court shall promulgate guidelines on the
expertise and qualifications necessary for attorneys to be
certified as competent to handle death penalty cases.
(G) The Office of Indigent Defense shall maintain a list of
death penalty qualified attorneys who have applied for and received
certification by the Supreme Court as provided for herein. In the
event the court appointed counsel notifies the chief administrative
judge in writing that he or she does not wish to provide
representation in a death penalty case, the chief administrative
judge shall advise the Office of Indigent Defense which shall
forward a name or names to the chief administrative judge for
consideration. The appointment power is vested in the chief
administrative judge. The Office of Indigent Defense shall
establish guidelines as are necessary to ensure that attorneys'
names are presented to the judges on a fair and equitable basis
taking into account geography and previous assignments from the
list. Efforts shall be made to present an attorney from the area or
region where the action is initiated.
(A) Whenever the solicitor seeks the death penalty he shall
notify the defense attorney of his intention to seek such penalty
at least thirty days prior to the trial of the case. At the
request of the defense attorney, the defense attorney shall be
excused from all other trial duties ten days prior to the term of
II-15
court in which the trial is to be held.
(B) (1) Whenever any person is charged with murder and the
death penalty is sought, the court, upon determining that such
person is unable financially to retain adequate legal counsel,
shall appoint two attorneys to defend such person in the trial of
the action. One of the attorneys so appointed shall have at least
five years' experience as a licensed attorney and at least three
years' experience in the actual trial of felony cases, and only one
of the attorneys so appointed shall be the Public Defender or a
member of his staff. In all cases where no conflict exists, the
public defender or member of his staff shall be appointed if
qualified. If a conflict exists, the court shall then turn first
to the contract public defender attorneys, if qualified, before
turning to the Office of Indigent Defense.
(2) Notwithstanding any other provision of law, the court shall
order payment of all fees and costs from funds available to the
Office of Indigent Defense for the defense of indigent. Any
attorney appointed shall be compensated at a rate not to exceed
fifty dollars per hour for time expended out of court and
seventy-five dollars per hour for time expended in court.
Compensation shall not exceed twenty-five thousand dollars and
shall be paid from funds available to the Office of Indigent
Defense for the defense of indigent represented by court-appointed,
private counsel.
(C) (1) Upon a finding in ex parte proceedings that
investigative, expert, or other services are reasonably necessary
for the representation of the defendant whether in connection with
issues relating to guilt or sentence, the court shall authorize the
defendant's attorneys to obtain such services on behalf of the
defendant and shall order the payment, from funds available to the
Office of Indigent Defense, of fees and expenses not to exceed
twenty thousand dollars as the court shall deem appropriate.
Payment of such fees and expenses may be ordered in cases where the
defendant is an indigent represented by either court-appointed,
private counsel or the public defender.
(2) Court-appointed counsel seeking payment for fees and
expenses shall request these payments from the Office of Indigent
Defense within thirty days after the completion of the case. For
the purposes of this statute, exhaustion of the funds shall occur
if the funds administered by the Office of Indigent Defense and
reserved for death penalty fees and expenses have been reduced to
zero. If either the Death Penalty Trial Fund or the Conflict Fund
has been exhausted in a month and the other fund contains money not
scheduled to be disbursed in that month, then the Indigent Defense
Commission must transfer a sufficient amount from the fund with the
positive fund balance to the fund with no balance and pay the
obligation to the extent possible.
(D) Payment in excess of the hourly rates and limit in
subsection (B) or (C) is authorized only if the court certifies, in
a written order with specific findings of fact, that payment in
excess of the rates is necessary to provide compensation adequate
to ensure effective assistance of counsel and payment in excess of
II-16
the limit is appropriate because the services provided were
reasonably and necessarily incurred. Upon a finding that timely
procurement of such services cannot await prior authorization, the
court may authorize the provision of and payment for such services
nunc pro tunc.
(E) After completion of the trial, the court shall conduct a
hearing to review and validate the fees, costs, and other
expenditures on behalf of the defendant.
(F) The Supreme Court shall promulgate guidelines on the
expertise and qualifications necessary for attorneys to be
certified as competent to handle death penalty cases.
(G) The Office of Indigent Defense shall maintain a list of
death penalty qualified attorneys who have applied for and received
certification by the Supreme Court as provided for herein. In the
event the court appointed counsel notifies the chief administrative
judge in writing that he or she does not wish to provide
representation in a death penalty case the chief administrative
judge shall advise the Office of Indigent Defense which shall
forward a name or names to the chief administrative judge for
consideration. The appointment power is vested in the chief
administrative judge. The Office of Indigent Defense shall
establish guidelines as are necessary to ensure that attorneys'
names are presented to the judges on a fair and equitable basis
taking into account geography and previous assignments from the
list. Efforts shall be made to present an attorney from the area
or region where the action is initiated.
(H) The payment schedule set forth herein, as amended by Act 164
of 1993, shall apply to any case for which trial occurs on or after
July 1, 1993.
(I) Notwithstanding another provision of law, only attorneys who
are licensed to practice in this State and residents of this State
may be appointed by the Court and compensated with funds
appropriated to the Death Penalty Trial Fund in the Office of
Indigent Defense. This proviso shall not pertain to any case in
which council has been appointed on the effective date of this Act.
(J) The Judicial Department biennially shall develop and make
available to the public a list of standard fees and expenses
associated with the defense of an indigent person in a death
penalty case."
B. Section 17-3-30 of the 1976 Code, as last amended by Section
45E, Part II, Act 164 of 1993, and Section 14.1, Part IB, Act 145
of 1995, is further amended to read:
"Section 17-3-30. (A) A person to whom counsel has been provided
shall execute an affidavit that he is financially unable to employ
counsel and that affidavit shall set forth all his assets. If it
appears that the person has some assets but they are insufficient
to employ private counsel, the court, in its discretion, may order
the person to pay these assets to the defender corporation of the
county or counties wherein he is being represented or, if a
defender corporation does not exist therein, to the judicial
II-17
department of the State of South Carolina.
(B) A twenty-five dollar application fee for public defender
services must be collected from every person who executes an
affidavit that he is financially unable to employ counsel. The
person may apply to the clerk of court or other appropriate
official for a waiver or reduction in the application fee. If the
clerk or other appropriate official determines that the person is
unable to pay the application fee, the fee may be waived or
reduced. The clerk of court or other appropriate official shall
collect the application fee imposed by this section and remit the
proceeds to the state fund on a monthly basis. The monies must be
deposited in an interest-bearing account separate from the general
fund and used only to provide for indigent defense services. The
monies shall be administered by the Office of Indigent Defense.
The monies collected pursuant to this provision shall be used for
the payment of court-appointed private counsel to represent
indigent defendants and the fees and expenses court-ordered in the
defense of all indigent whether they are represented by the public
defender corporation of the county or court-appointed private
counsel. However, each county public defender corporation shall
receive an annual appropriation from this fund.
(C) Sufficient funds shall be set aside from allocations
provided for the defense of indigent to provide for adequate
screening of applications for indigent assistance to ensure the
applicant is qualified.
(A) A person to whom counsel has been provided shall execute an
affidavit that he is financially unable to employ counsel and that
affidavit shall set forth all his assets. If it appears that the
person has some assets but they are insufficient to employ private
counsel, the court, in its discretion, may order the person to pay
these assets to the defender corporation of the county or counties
wherein he is being represented or, if a defender corporation does
not exist therein, to the Office of Indigent Defense of the State
of South Carolina.
(B) A twenty-five dollar application fee for public defender
services must be collected from every person who executes an
affidavit that he is financially unable to employ counsel. The
person may apply to the clerk of court or other appropriate
official for a waiver or reduction in the application fee. If the
clerk or other appropriate official determines that the person is
unable to pay the application fee, the fee may be waived or
reduced. The clerk of court or other appropriate official shall
collect the application fee imposed by this section and remit the
proceeds to the state fund on a monthly basis. The monies must be
deposited in an interest-bearing account separate from the general
fund and used only to provide for indigent defense services. The
monies shall be administered by the Office of Indigent Defense.
(C) Sufficient funds shall be set aside from allocations
provided for the defense of indigent to provide for adequate
screening of applications for indigent assistance to ensure the
applicant is qualified."
II-18
C. Section 17-3-330 of the 1976 Code, as last amended by Section
45C, Part II, Act 164 of 1993, and Section 14.1, Part IB, Act 145
of 1995, is further amended to read:
"Section 17-3-330. (A) The Office of Indigent Defense shall:
(1) serve as the entity which distributes all funds
appropriated by the General Assembly for the defense of indigent,
including funds allocated to counties pursuant to formula, funds
for the defense of capital cases, and other funds appropriated for
these purposes;
(2) perform those functions provided under Section 16-3-26(G);
(3) serve as a resource for the compilation of accurate
statistical data covering the indigent defense system in this
State;
(4) implement other duties the commission may direct; and
(5) report annually to the General Assembly on the indigent
defense system.
(A) The Office of Indigent Defense shall:
(1) serve as the entity which distributes all funds
appropriated by the General Assembly for the defense of indigent,
including funds allocated to counties' public defender offices
pursuant to formula, funds for the defense of capital cases, funds
for attorney fees and expenses in non-capital cases, and other
funds appropriated for these purposes;
(2) perform those functions provided under Section 16-3-26(G);
(3) serve as a resource for the compilation of accurate
statistical data covering the indigent defense system in this
State;
(4) implement other duties the commission may direct; and
(5) report annually to the General Assembly on the indigent
defense system.
(B) On or about June 30, 1994 and every year thereafter on that
date, if the Office of Indigent Defense determines, after taking
into consideration all outstanding obligations against the fund for
payment of attorney fees and expenses in non-capital cases, that
unexpended funds remain, these funds shall be rolled over into the
fund for payment of attorney fees and expenses in capital cases;
provided however this shall occur only in the event the funds in
the capital fund have been exhausted at that time. This fund shall
at no time exceed $2,750,000.
(C) Notwithstanding another provision of law, only attorneys who
are licensed to practice in this State and residents of this State
may be appointed by the court and compensated with funds
appropriated to the Death Penalty Trial Fund in the Office of
Indigent Defense."
D. This section takes effect July 1, 1996.
SECTION 27
TO PROVIDE THAT THE DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE
II-19
DIVISION OF SECURITIES OF THE OFFICE OF THE SECRETARY OF STATE ARE
DEVOLVED UPON THE ATTORNEY GENERAL'S OFFICE ON JULY 1, 1996, TO
PROVIDE THAT THE ATTORNEY GENERAL SHALL ADMINISTER THE SOUTH
CAROLINA UNIFORM SECURITIES ACT AND SHALL SERVE EX OFFICIO AS THE
SECURITIES COMMISSIONER, TO PROVIDE THAT ALL PERSONNEL,
APPROPRIATIONS, AND FULL-TIME EQUIVALENT POSITIONS OF THE DIVISION
OF SECURITIES ALSO SHALL BE TRANSFERRED TO THE ATTORNEY GENERAL'S
OFFICE ON JULY 1, 1996; TO AMEND THE 1976 CODE BY ADDING SECTION
35-1-220 SO AS TO ALLOW THE ATTORNEY GENERAL TO RETAIN A PORTION OF
FEES AND PROCEEDS IN SETTLEMENT OF VIOLATIONS TO OFFSET COSTS OF
ADMINISTERING THE UNIFORM SECURITIES ACT; AND TO AMEND SECTIONS
35-1-20 AND 35-1-30 OF THE 1976 CODE, RELATING TO THE UNIFORM
SECURITIES ACT, SO AS TO REFLECT THE ATTORNEY GENERAL AS BEING THE
SECURITIES COMMISSIONER WHO SHALL ADMINISTER THE ACT.
A. The duties, functions, and responsibilities of the Division of
Securities of the office of the Secretary of State are hereby
devolved upon the Attorney General's office on July 1, 1996. All
personnel, appropriations, and full-time equivalent positions of
the Division of Securities also shall be transferred to the
Attorney General's office on July 1, 1996.
B. The Attorney General shall administer the South Carolina Uniform
Securities Act as contained in Chapter 1 of Title 35 of the 1976
Code and shall serve ex officio as the Securities Commissioner.
C. Article 1, Chapter 1, Title 35 of the 1976 Code is amended by
adding:
"Section 35-1-220. (A) Fee revenues collected pursuant to this
chapter in excess of such revenues credited to the general fund of
the State in Fiscal Year 1995-96 may be retained by the Attorney
General and used for the operations of the Securities Division.
(B) The Attorney General may retain the first two hundred fifty
thousand dollars received by the Division of Securities in a fiscal
year in settlement of litigation enforcement action and
reimbursements of expenses arising from violations under this
chapter to offset investigative, prosecutive, and administrative
costs of enforcing this chapter."
D. Section 35-1-20(1) of the 1976 Code is amended to read:
"(1) `Securities Commissioner' means Secretary of State
Attorney General, who shall be ex officio Securities Commissioner."
E. Section 35-1-30 of the 1976 Code is amended to read:
"Section 35-1-30. This chapter shall be administered by the
Secretary of State Attorney General, who shall be ex officio the
Securities Commissioner and who may employ such additional
assistants at such salaries as may be authorized by the General
Assembly."
II-20
F. This section takes effect July 1, 1996.
SECTION 28
TO PROVIDE THAT THE DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE
DIVISION OF PUBLIC CHARITIES OF THE OFFICE OF THE SECRETARY OF
STATE ARE DEVOLVED UPON THE ATTORNEY GENERAL'S OFFICE ON JULY 1,
1996; TO TRANSFER ALL PERSONNEL, APPROPRIATIONS, AND FULL-TIME
EQUIVALENT POSITIONS OF THE DIVISION OF PUBLIC CHARITIES TO THE
ATTORNEY GENERAL'S OFFICE ON JULY 1, 1996; TO PROVIDE THAT THE
ATTORNEY GENERAL SHALL ADMINISTER THE "SOUTH CAROLINA SOLICITATION
OF CHARITABLE FUNDS ACT"; AND TO AMEND SECTIONS 33-56-20, 33-56-30,
33-56-40, 33-56-50, AS AMENDED, 33-56-60, AS AMENDED, 33-56-70,
33-56-80, 33-56-90, 33-56-100, 33-56-110, 33-56-120, 33-56-130,
33-56-140, 33-56-150, 33-56-160, AND 33-56-190 OF THE 1976 CODE,
ALL RELATING TO THE SOLICITATION OF CHARITABLE FUNDS, SO AS TO
DELETE REFERENCES TO THE SECRETARY OF STATE AND REFLECT THE
ATTORNEY GENERAL AND HIS OFFICE AS THE OFFICIAL AND THE AGENCY TO
ADMINISTER THE PROVISIONS OF THE "SOUTH CAROLINA SOLICITATION OF
CHARITABLE FUNDS ACT", AND TO ALLOW THE ATTORNEY GENERAL TO RETAIN
A PORTION OF ADMINISTRATIVE FINES TO OFFSET THE EXPENSES OF
ENFORCEMENT.
A. The duties, functions, and responsibilities of the Division of
Public Charities of the office of the Secretary of State are
devolved upon the Attorney General's office on July 1, 1996. All
personnel, appropriations, and full-time equivalent positions of
the Division of Public Charities also are transferred to the
Attorney General's office on July 1, 1996.
B. The Attorney General shall administer the "South Carolina
Solicitation of Charitable Funds Act" as contained in Chapter 56 of
Title 33 of the 1976 Code.
C. Section 33-56-20 of the 1976 Code, as added by Act 461 of 1994,
is amended by deleting:
"(5) `Secretary' means the Secretary of State."
D. Section 33-56-30 of the 1976 Code, as added by Act 461 of 1994,
is amended to read:
"Section 33-56-30. Except as otherwise provided in this chapter,
every charitable organization which intends to solicit
contributions within this State or have contributions solicited on
its behalf shall file a registration statement with the secretary
Attorney General on forms prescribed by the secretary Attorney
General by July first of each year but in all cases prior to
solicitation. It is the duty of the chief executive officer or
chief financial officer of each charitable organization to file the
statements required under this chapter. The statements must be
II-21
sworn to and contain:
(1) the name of the organization;
(2) the purpose for which it was organized;
(3) the principal address of the organization and the address
of any offices in this State. If the organization does not maintain
an office, the name and address of the person having custody of its
financial records;
(4) the names and addresses of the chief executive officer and
chief financial officer;
(5) the names and addresses of any chapters, branches, or
affiliates in this State;
(6) the place and date the organization was legally
established, the form of its organization, and a reference to any
determination of its tax exempt status under the Internal Revenue
Code;
(7) whether the organization intends to use professional
solicitors or hire individuals to solicit;
(8) whether it is certified as a tax exempt organization and
is authorized by any other governmental authority in this State to
solicit contributions;
(9) whether it is or has ever been enjoined by any court from
soliciting contributions; and
(10) the general purpose for which the contributions to be
solicited shall be used.
The registration forms and other documents prescribed by the
Secretary of State Attorney General must be signed by the chief
executive officer and chief financial officer of the charitable
organization and certified as true. Every charitable organization
which submits a registration to the secretary Attorney General must
pay an annual registration fee of fifty dollars."
E. Section 33-56-40 of the 1976 Code, as added by Act 461 of 1994,
is amended to read:
"Section 33-56-40. The Children's Trust Fund of South Carolina
as established by Section 20-7-5010 is required to register with
the Secretary of State Attorney General but is not required to pay
the annual registration fee provided for in Section 33-56-30."
F. Section 33-56-50 of the 1976 Code, as last amended by Act 294 of
1996, is further amended to read:
"Section 33-56-50. The following are not required to file
registration statements with the Secretary of State Attorney
General, provided none of its fund-raising activities are carried
on by professional solicitors:
(1) an educational institution which solicits contributions only
from its students and their families, alumni, faculty, friends and
other constituencies, trustees, corporations, foundations, and
individuals who are interested in and supportive of the programs of
the institution;
(2) persons requesting contributions for the relief of an
II-22
individual specified by name at the time of the solicitation when
all of the contributions collected without any deductions of any
kind are turned over to the named beneficiary for his use, provided
that a person soliciting the contributions is not a named
beneficiary;
(3) charitable organizations which (a) do not intend to solicit
nor receive contributions from the public in excess of twenty
thousand dollars during a calendar year or do not receive
contributions from more than ten persons during a calendar year and
(b) have received letters of tax exemption from the Internal
Revenue Service, if all of their functions, including fund-raising
activities, are carried on by persons who are unpaid for their
services and if no part of their assets or income inures to the
benefit of or is paid to any officer or member. If the
contributions raised from the public, whether all of the
contributions are or are not received by a charitable organization
during any calendar year, are in excess of twenty thousand dollars
or are received from more than ten people, within thirty days after
the date the contributions exceed twenty thousand dollars or the
number of contributors exceeds ten, it must register with and
report to the department as required by this chapter;
(4) organizations which solicit exclusively to their members,
including utility cooperatives; and
(5) any veteran's organization which has a congressional
charter; and
(6) the State, its political subdivisions, and any agencies or
departments thereof which are subject to the disclosure provisions
of the Freedom of Information Act.
Any charitable organization claiming to be exempt from the
registration provisions of this chapter and which will or does
solicit charitable contributions shall submit annually to the
secretary Attorney General on forms to be prescribed by the
secretary Attorney General, the name, address, and purpose of the
organization and a statement setting forth the reason for the claim
for exemption. If exempted, the secretary Attorney General or his
appropriate division shall issue a letter of exemption which may be
exhibited to the public. No filing fee is required of an exempt
organization."
G. Section 33-56-60 of the 1976 Code, as added by Act 461 of 1994,
is amended to read:
"Section 33-56-60. (A) Each charitable organization soliciting
funds in this State and not exempt under Section 33-56-50, whether
individually or collectively with other organizations, shall file
a report of its financial activities, on forms prescribed by the
Secretary of State Attorney General, certified to be true by the
chief executive officer and the chief financial officer of it, in
the office of the Secretary of State Attorney General. The report
must cover the preceding fiscal year and must be filed within four
and one-half months of the close of the organization's fiscal year
unless a written extension has been granted by the secretary
II-23
Attorney General.
The report must include:
(1) specific and itemized support and revenue statements
disclosing direct public support from solicitation, indirect public
support, government grants, program service revenue, and any other
revenue. The report must disclose the amount of direct public
support received from direct mail solicitation, telephone
solicitation, commercial co-venturers, door-to-door solicitations,
telethons, and all other itemized sources;
(2) specific and itemized expense statements disclosing
program services, public information expenditures, fund-raising
costs, payments to affiliates, management costs, and salaries paid;
and
(3) balance sheet disclosures containing total assets and
liabilities.
(B) However, if a charitable organization is required to file
Internal Revenue Service Form 990 with the Internal Revenue
Service, the organization may file such form with the secretary
Attorney General in lieu of the report required under subsection
(A) of this section, provided that the form may exclude such
information which the Internal Revenue Service would not release
pursuant to a Freedom of Information request.
(C) An organization failing to file the report required by this
section may be enjoined from further solicitation of funds in this
State in an action brought by the Attorney General or secretary.
An organization failing to file a timely report required by this
section may be assessed by the secretary Attorney General
administrative fines not to exceed two thousand dollars."
H. Section 33-56-70 of the 1976 Code, as added by Act 461 of 1994,
is amended to read:
"Section 33-56-70. Every contract or agreement between
professional fund-raising counsel or professional solicitor and a
charitable organization must be in writing and filed with the
Secretary of State Attorney General within ten days after the
contract is made. Every agreement or written statement of the
nature of the arrangement to prevail in the absence of a contract
between a professional fund-raising counsel or solicitor and a
charitable organization must be filed with the Secretary of State
Attorney General within ten days after the contract or written
agreement is made. Every contract filed under this section must
disclose the amount of compensation the professional fund-raising
counsel or solicitor will receive, or if there is no flat fee, the
percentage of collected revenues the professional fund-raising
counsel or solicitor will receive. Every contract or agreement
filed under this section must disclose the name and residence
address of each person directing or supervising the conduct of
services. Every contract or agreement filed under this section and
involving telephone solicitation must disclose the location and
telephone numbers from which the soliciting will be conducted.
Within ninety days after a solicitation campaign has been
II-24
completed, and on the anniversary of the commencement of a
solicitation campaign lasting more than one year, the professional
solicitor or the charitable organization must file with the
secretary Attorney General a joint financial report for the
campaign, including gross revenue and an itemization of expenses.
The report must be completed on a form prescribed by the secretary
Attorney General and signed by an authorized official of the paid
solicitor or an authorized official from the charitable
organization and certified to be true.
A professional fund-raising counsel, professional solicitor, or
charitable organization failing to comply with this section is
liable for an administrative fine not to exceed ten dollars for
each day of noncompliance, with a maximum fine under each
nonregistered agreement of two thousand dollars."
I. Section 33-56-80 of the 1976 Code, as added by Act 461 of 1994,
is amended to read:
"Section 33-56-80. Registration statements and applications,
reports, professional fund-raising counsel contracts or
professional solicitor contracts, and all other documents and
information required to be filed under this chapter or by the
Secretary of State Attorney General are public records in the
office of the Secretary of State Attorney General and are open to
the general public for inspection at such time and under such
conditions as the secretary Attorney General may prescribe. The
secretary Attorney General shall publish and make available to the
public and to persons subject to this chapter explanatory
information concerning this chapter, the duties imposed by this
chapter, and the means for enforcing this chapter."
J. Section 33-56-90(4) of the 1976 Code, as added by Act 461 of
1994, is amended to read:
"(4) Upon request, a professional solicitor shall display or
deliver to the solicited party a copy of his registration
certification from the secretary Attorney General."
K. Section 33-56-100 of the 1976 Code, as added by Act 461 of 1994,
is amended to read:
"Section 33-56-100. In accordance with the regulations
promulgated by the secretary Attorney General, every charitable
organization and professional fundraiser subject to the provisions
of this chapter shall keep the true fiscal records as to its
activities in this State. The records must be retained for at least
three years after the end of the period of registration to which
they relate."
L. Section 33-56-110 of the 1976 Code, as added by Act 461 of 1994,
is amended to read:
II-25
"Section 33-56-110. No person shall act as a professional
fund-raising counsel or professional solicitor for a charitable
organization subject to the provisions of this chapter, unless he
has first registered with the Secretary of State Attorney General.
Applications for registration must be in writing under oath or
affirmation in the form prescribed by the Secretary of State
Attorney General and contain that information as the Secretary of
State Attorney General may require. The application for
registration by professional fund-raising counsel or professional
solicitor must be accompanied by an annual fee of fifty dollars.
At the time of making application, professional solicitors shall
file with and have approved by the Secretary of State Attorney
General a surety bond in which the applicant or his employer shall
be the principal obligor in the sum of fifteen thousand dollars
with one or more sureties satisfactory to the Secretary of State
Attorney General, whose liability in the aggregate as such sureties
will at least equal that sum and maintain the bond in effect so
long as a registration is in effect. However, a deposit of cash in
the amount of fifteen thousand dollars may be accepted in lieu of
the bond. The bond shall run to the State of South Carolina for
the use of the secretary Attorney General or his appropriate
division and any person who may have a cause of action against the
obligor of the bonds for losses resulting from malfeasance,
nonfeasance, or misfeasance in the conduct of solicitation
activities. A partnership or corporation which is a professional
solicitor may file a consolidated bond on behalf of all its
members, officers, and employees.
Each registration is valid throughout the State for one year and
may be renewed for additional one-year periods upon written
application under oath in the form prescribed by the Secretary of
State Attorney General and the payment of the fee prescribed in
this chapter.
Professional fundraisers or professional fund-raising counsel
who fail to comply with the provisions of this section are liable
for an administrative fine not to exceed ten dollars for each day
of noncompliance, with a maximum fine under this paragraph of two
thousand dollars."
M. Section 33-56-120(2) of the 1976 Code, as added by Act 461 of
1994, is amended to read:
"(2) No charitable organization, professional fund-raising
counsel, or professional solicitor shall use or exploit the fact of
registration so as to lead the public to believe that the
registration in any way constitutes an endorsement or approval by
the State. However, the use of the following statement is not
considered a prohibited exploitation: `Registered with the
Secretary of State Attorney General as required by law.
Registration does not imply endorsement of a public solicitation
for contributions.'"
N. Section 33-56-130 of the 1976 Code, as added by Act 461 of 1994,
II-26
is amended to read:
"Section 33-56-130. If any charitable organization,
professional fund-raising counsel, or professional solicitor
soliciting contributions from people in this State and having a
principal place of business outside the State, or organized under
and by virtue of the laws of a foreign state, is subject to the
provisions of this chapter and does not otherwise appoint a
registered agent for service of process, then that charitable
organization, professional fund-raising counsel, or professional
solicitor is considered to have irrevocably appointed the secretary
Attorney General as an agent upon whom may be served summons,
subpoena, subpoena duces tecum, or other process directed to the
charitable organization, professional fund-raising counsel, or
professional solicitor or any partner, principal officer, or
director of it in any action or proceeding brought under the
provisions of this chapter. Service of process upon the secretary
Attorney General must be made by delivering to and leaving with him
personally a copy thereof at the office of the secretary Attorney
General and the service shall be sufficient service, provided, that
notice of the service and a copy of the process are sent by the
secretary Attorney General to the charitable organization,
professional fund-raising counsel, or professional solicitor, by
registered or certified mail with return receipt requested, at the
address set forth in the registration form required to be filed
with the secretary Attorney General pursuant to this chapter or, in
default of the filing of such form, at the last address known to
the secretary Attorney General. Service of the process is complete
ten days after the receipt by the secretary Attorney General of a
return receipt purporting to be signed by the addressee or a person
qualified to receive the registered or certified mail, in
accordance with the accepted practices of the United States Postal
Service, or, if acceptance was refused by the addressee, ten days
after the return to the secretary Attorney General of the original
envelope bearing a notation by the postal authorities that receipt
thereof was refused."
O. Section 33-56-140 of the 1976 Code, as added by Act 461 of 1994,
is amended to read:
"Section 33-56-140. (1) Upon his own motion or upon complaint
of any person, the secretary Attorney General may investigate any
charitable organization, professional fund-raising counsel, or
professional solicitor to determine whether the charitable
organization, professional fund-raising counsel, or professional
solicitor has violated the provisions of this chapter or has filed
an application or other information required under this chapter
which contains false or misleading statements. The secretary
Attorney General may subpoena persons and require the production of
books, papers, and other documents to aid in the investigation of
alleged violations of this chapter.
(2) If any charitable organization, professional fund-raising
II-27
counsel, or professional solicitor fails to file a registration
application, statement, report, or other information required to be
filed with the secretary Attorney General under this chapter, or
violates the provisions of this chapter, the secretary Attorney
General shall notify the delinquent charitable organization,
professional fund-raising counsel, or professional solicitor of
this fact by mailing a notice by registered or certified mail, with
return receipt requested, to its last known address. If the
required registration application, statement, annual report,
assurance of voluntary compliance, or other information is not
filed or if the existing violation is not discontinued within
fifteen days after the formal notification or receipt of the
notice, the secretary Attorney General may assess an administrative
fine not to exceed two thousand dollars against the delinquent
organization.
(3) In addition to all other actions authorized by law, the
secretary or Attorney General, if they have he has reason to
believe that one or more of the following acts or violations listed
below has occurred, may bring an action to enjoin the charitable
organization, professional fund-raising counsel, professional
solicitor, or other person from continuing the act or violation,
doing any other acts in furtherance of it, and for such other
relief as to the court considers appropriate:
(a) a person is knowingly and wilfully operating in violation
of the provisions of this chapter;
(b) a person has knowingly and wilfully made any false
statement in any registration application, statement, report, or
other information required to be filed by this chapter;
(c) a person has failed to file a registration statement or
financial report required by this chapter;
(d) a person is employed or is about to be employed in any
solicitation or collection of contributions any device, scheme, or
artifice to defraud or to obtain money or property by means of
false pretense, representation, or promise;
(e) the officers or representatives of a charitable
organization, professional fund-raising counsel, or professional
solicitor have refused or failed after notice to produce any
records of the organization; or
(f) whenever the funds raised by solicitation activities are
not devoted or will not be devoted to the charitable purposes of
the charitable organization.
(4) In addition to the provisions of subsection (3), any person
who knowingly and wilfully violates the provisions of this chapter
or who knowingly and wilfully gives false or incorrect information
to the secretary Attorney General in filing statements or reports
required by this chapter, is guilty of a misdemeanor and, upon
conviction, for a first offense shall be fined not more than one
thousand dollars or be imprisoned for not more than thirty days,
and for a second or any subsequent offense shall be fined not more
than five thousand dollars or be imprisoned for not more than one
year, or both.
(5) Any registration application, statement, report, or other
II-28
information required to be filed with the Secretary of State
Attorney General under this chapter by a charitable organization,
professional fund-raising counsel, or professional solicitor which
contains false or misleading statements may be rejected by the
secretary Attorney General and returned to the submitting party
without being filed.
(6) If a person is assessed an administrative fine under this
chapter, the person has thirty days to pay the fine. After thirty
days, the secretary Attorney General shall give the delinquent
person thirty days' notice that he will seek to enjoin the
activities of the person. Before the secretary Attorney General
seeks an injunction, the person may pay the fines or request a
hearing before the secretary Attorney General. A person who fails
to remit fines after the required notice is given may be enjoined
from engaging in further charitable solicitation activities until
the fine is paid. A person assessed a fine may request an
evidentiary hearing before the secretary Attorney General. A
person may appeal an adverse ruling by the secretary Attorney
General to the circuit court. An appeal to the circuit court shall
be governed by the standard of review provided in the
Administrative Procedures Act and the case law interpreting that
provision.
(7) The secretary Attorney General may exercise the authority
granted in this section against a person who operates under the
guise or pretense of being an organization exempted by the
provisions of Section 33-56-40 or 33-56-50 and is not in fact an
organization entitled to such an exemption."
P. Section 33-56-150 of the 1976 Code, as added by Act 461 of 1994,
is amended to read:
"Section 33-56-150. There shall be in the office of the
Secretary of State Attorney General a Division of Public Charities
which, under the direction and control of the secretary Attorney
General, shall perform the duties imposed upon it by the provisions
of this chapter. The executive and administrative head of the
division shall be the Director of Public Charities designated by
the secretary Attorney General."
Q. Section 33-56-160 of the 1976 Code, as added by Act 461 of 1994,
is further amended to read:
"Section 33-56-160. All The first two hundred thousand dollars
in administrative fines fine revenue imposed received pursuant to
this chapter in a fiscal year may be retained by the Attorney
General to offset the expenses of enforcing this chapter. All
administrative fines collected pursuant to this chapter in excess
of two hundred thousand dollars in a fiscal year must be
transmitted to the State Treasurer and deposited in the state
general fund. All fees collected under this chapter must be
transmitted to the State Treasurer and deposited in a fund separate
and distinct from the state general fund and used by the Secretary
II-29
of State Attorney General for the purpose of administering the
provisions of this chapter."
R. Section 33-56-190 of the 1976 Code, as added by Act 461 of 1994,
is amended to read:
"Section 33-56-190. The secretary Attorney General may enter
into agreements with the appropriate authority of any other state
for the purpose of exchanging information with respect to
charitable organizations, professional fund-raising counsel, and
professional solicitors."
S. This section takes effect July 1, 1996.
SECTION 29
(Department of Public Safety Revenues) - DELETED
SECTION 30
TO AMEND THE 1976 CODE BY ADDING SECTION 23-6-35 SO AS TO PROVIDE
THAT THE DEPARTMENT OF PUBLIC SAFETY MAY CHARGE AND COLLECT FEES IN
ACCORDANCE WITH SECTION 30-4-30 OF THE FREEDOM OF INFORMATION ACT
FOR PROVIDING COPIES OF CERTAIN RECORDS MAINTAINED BY THE
DEPARTMENT.
A. Article 1, Chapter 6, Title 23 of the 1976 Code is amended by
adding:
"Section 23-6-35. The department may charge and collect fees in
accordance with Section 30-4-30 of the Freedom of Information Act
for providing copies of registration, title, and driver's license
information records maintained by the department."
B. This section takes effect July 1, 1996.
SECTION 31
TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE, BY ADDING ARTICLE 4
SO AS TO PROVIDE FOR THE RELEASE AND USE OF CERTAIN PERSONAL
INFORMATION RELATING TO MOTOR VEHICLE RECORDS, INCLUDING THE
AUTHORIZATION TO CHARGE A FEE FOR RELEASING THE INFORMATION; TO
AMEND SECTIONS 16-3-1710 AND 16-3-1720, RELATING TO THE CRIMES OF
HARASSMENT AND STALKING, SO AS TO MAKE IT A CRIME FOR A PERSON
CONVICTED OF THESE CRIMES WHO RECEIVED LICENSING OR REGISTRATION
INFORMATION PURSUANT TO ARTICLE 4, CHAPTER 3, TITLE 56; AND TO
REPEAL SECTION 30-4-40(a)(12) RELATING TO THE EXEMPTION FROM
DISCLOSURE OF INFORMATION REGARDING THE NAME, ADDRESS, AND
TELEPHONE NUMBER OF A PERSON IN WHOSE NAME A MOTOR VEHICLE LICENSE
II-30
PLATE IS REGISTERED.
A. Chapter 3, Title 56 of the 1976 Code is amended by adding:
"Article 4
Release of Licensing and Registration Information
Section 56-3-510. Department records relating to the
registration and licensing of motor vehicles must be released only
as provided in this article. A person who requests registration
and licensing information must submit the request on a form
provided by the department. A completed form must:
(1) contain the name and address of the person making the
request, the date of the request, the reason for the request, and
a statement certifying that the information requested will not be
used for a purpose related to telephone marketing or telephone
solicitation; and
(2) be signed by the person making the request.
Section 56-3-520. (A) The department must retain a request made
pursuant to Section 56-3-510 for five years from the date of its
submission.
(B) Upon a person's written request, the department must release
a copy of all request forms relating to the person's records.
Section 56-3-530. The department may charge a fee for releasing
information pursuant to this article. The department must
promulgate regulations:
(1) providing a procedure whereby persons making repetitive
requests may maintain an account with the department for the
payment of fees incurred in the production of requested records;
(2) providing a procedure for electronic processing of requests;
and
(3) providing for appropriate security measures to ensure that
records are released only to the person identified as making the
request.
Section 56-3-540. The department shall implement methods and
procedures to ensure that:
(1) individuals are provided an opportunity, in a clear and
conspicuous manner, to opt-out and prohibit the use of motor
vehicle record information about them for distribution for surveys,
marketing, and solicitations; and
(2) surveys, marketing, and solicitations will not be directed
at those individuals who have requested in a timely fashion that
they not be directed at them."
B. Section 16-3-1710 of the 1976 Code, as added by Act 94 of 1995,
is amended by adding:
"(C) In addition to the penalties provided in this section, a
II-31
person convicted of harassment who received licensing or
registration information pursuant to Article 4 of Chapter 3 of
Title 56 and used the information in furtherance of the commission
of the offense under this section must be fined two hundred dollars
or imprisoned thirty days, or both."
C. Section 16-3-1720 of the 1976 Code, as added by Act 94 of 1995,
is amended by adding:
"(D) In addition to the penalties provided in this section, a
person convicted of stalking who received licensing or registration
information pursuant to Article 4 of Chapter 3 of Title 56 and used
the information in furtherance of the commission of the offense
under this section must be fined one thousand dollars or imprisoned
one year, or both."
D. Item (12) of Section 30-4-40(a) of the 1976 Code, as added by
Act 1 of 1995, is repealed.
E. This act takes effect upon approval by the Governor.
SECTION 32
(Local Government Tax Caps) - DELETED
SECTION 33
TO AMEND SECTION 11-11-330 OF THE 1976 CODE, RELATING TO THE STATE
PROPERTY TAX RELIEF FUND, SO AS TO PROVIDE FOR A SPECIFIC
REIMBURSEMENT TO SCHOOL DISTRICTS FOR REVENUES LOST TO THE
HOMESTEAD EXEMPTION; AND TO AMEND SECTION 12-37-251, RELATING TO
THE HOMESTEAD PROPERTY TAX EXEMPTION FROM SCHOOL OPERATING TAXES,
SO AS TO PROVIDE FOR AN EXEMPTION AMOUNT OF ONE HUNDRED THOUSAND
DOLLARS OF FAIR MARKET VALUE AND USING A BASE YEAR MILLAGE RATE
EQUAL TO THE SCHOOL OPERATING MILLAGE IMPOSED FOR TAX YEAR 1995.
A. Section 11-11-330 of the 1976 Code, as added by Act 145 of 1995,
is amended to read:
"Section 11-11-330. Funds credited to the `State Property Tax
Relief Fund' must be used to provide property tax relief in the
manner prescribed in Section 12-37-251. The General Assembly shall
appropriate an amount sufficient to reimburse sums equal to the
amount of taxes that were not collected for the local government
school districts by reason of the exemption provided in Section
12-37-251."
B. Subsections (A) and (B) of Section 12-37-251 of the 1976 Code,
as added by Act 145 of 1995, are amended to read:
II-32
"(A) Property classified pursuant to Section 12-43-220(c) is
exempt from property taxes levied for other than The State Property
Tax Relief Fund shall be established at an amount equal to the
revenue necessary to fund a property tax exemption of one hundred
thousand dollars based on the fair market value of property
classified pursuant to Section 12-43-220(c) calculated on the
school operating millage imposed for tax year 1995, excluding taxes
levied for bonded indebtedness and payments pursuant to lease
purchase agreements for capital construction. The exemption
applies against millage imposed for school operations and the
amount of fair market value of the homestead that is exempt from
such millage must be set by the Director of the Department of
Revenue and Taxation based on the amount available in the State
Property Tax Relief Fund. The 1995 tax year school operating
millage is the base year millage for purposes of calculating the
amount necessary to fund the State Property Tax Relief Fund in
accordance with this section. However, in years in which the
values resulting from a county-wide reassessment and equalization
program are implemented, the base year millage must be adjusted to
an equivalent millage rate in the manner that the Department of
Revenue and Taxation shall prescribe. Funds distributed to a
taxing district as provided in Item (B) of this section must be
used to provide a uniform property tax exemption for all property
in the taxing district which is classified pursuant to Section
12-43-220(c), excluding taxes levied for bonded indebtedness and
payments pursuant to lease purchase agreements for capital
construction.
(B) Taxing entities School districts must be reimbursed, in the
manner provided in Section 12-37-270, for the revenue lost as a
result of the homestead exemption provided in this section except
that ninety percent of the reimbursement must be paid in the last
quarter of the calendar year."
C. This section applies for property tax years beginning after
1995.
SECTION 34
(Funding Single-Gender Educational Offerings) - DELETED
SECTION 35
TO AMEND TITLE 2 OF THE 1976 CODE, RELATING TO THE GENERAL
ASSEMBLY, BY ADDING CHAPTER 66 SO AS TO ESTABLISH THE SOUTH
CAROLINA FOLK HERITAGE AWARD, PROVIDE THE CRITERIA FOR CHOOSING
RECIPIENTS, PROVIDING AN ADVISORY COMMITTEE TO THE SOUTH CAROLINA
ARTS COMMISSION FOR SELECTING RECIPIENTS, AND PROVIDING TRANSITION
PROVISIONS; TO AMEND CHAPTER 65, TITLE 2, RELATING TO THE JOINT
APPROPRIATIONS REVIEW COMMITTEE, SO AS TO TRANSFER THE DUTIES,
POWERS, AND FUNCTIONS OF THE COMMITTEE UPON THE OFFICE OF THE
II-33
GOVERNOR EFFECTIVE JANUARY 1, 1997, TO FURTHER PROVIDE FOR CERTAIN
OF THESE FUNCTIONS, TO PROVIDE FOR THE PROPER CONSTRUING OF
OBSOLETE REFERENCES, AND TO ABOLISH THE COMMITTEE ON SUCH DATE; AND
TO REPEAL CHAPTERS 39, 43, 53, 55, 68, AND 73 OF TITLE 2, AND
CHAPTER 21 OF TITLE 51, ALL RELATING TO VARIOUS STUDY COMMITTEES.
A. Chapter 65, Title 2 of the 1976 Code, as amended, is further
amended to read:
"CHAPTER 65
Joint Appropriations Review Committee
South Carolina Federal and Other
Funds Oversight Act
Section 2-65-5 2-65-10. This chapter may be cited as `The South
Carolina Federal and Other Funds Oversight Act'.
Section 2-65-10. The joint legislative committee, created in
Section IB of Part I of Act 219 of 1977, is established as a
permanent committee to be known as the Joint Appropriations Review
Committee (committee) with such powers and duties as may be
provided for in this chapter. The committee shall be composed of
twelve members, four of whom shall be appointed by the Chairman of
the Ways and Means Committee of the House of Representatives from
its membership and two of whom shall be appointed by the Chairman
from the membership or at large. Four of the members shall be
appointed by the Chairman of the Finance Committee of the Senate
from its membership and two shall be appointed by the Chairman from
the membership or at large. Terms of members of the committee shall
correspond to the terms for which they are elected to the General
Assembly and if at large members are appointed they shall serve for
terms coterminous with the appointing chairman. Expenses shall be
paid from appropriations provided by the General Assembly.
Section 2-65-15. (a) `Agency' means any state office,
department, institution, board, commission, council, committee, or
other entity of the executive, judicial, or legislative branch.
(b) `Block grant' means federal funds distributed to the State
in accordance with a statutory formula for use in a variety of
activities within a broad functional area.
(c) `Federal funds' means financial assistance made to a state
agency by the United States Government in any form, including but
not limited to, a grant, loan, subsidy, reimbursement, contract,
donation, or shared federal revenues, or noncash federal assistance
in the form of equipment, buildings, and land. Financial assistance
which originates with the U. S. Government, but which is received
by a state agency from another state or local agency in any form,
is considered `federal funds.'
(d) `Indirect costs' means those costs of supportive services
within an agency or provided by another agency which benefit more
than one program and which may be charged to federal programs in
II-34
accordance with Office Management and Budget Circular A-87 or A-21.
(e) `Matching funds' means a specific amount of general fund
monies identified by a state agency, and required by the Federal
Government, as a cash contribution for a federal program.
(f) `Other funds' means any revenues received by an agency which
are not federal funds and are not general funds appropriated by the
General Assembly in the annual General Appropriation Act.
(g) `Research grant' means an award of funds from the United
States Government or other entity for the principal purpose of
systematic study and investigation undertaken to discover or
establish facts or principles. The principal purpose of a `research
grant' is not to provide services to the public or to the employees
or clients thereof.
(h) `Major Federal Program' means a program which:
(1) represents a transfer of program responsibility from the
federal to the state level.;
(2) is available to the State on a noncompetitive basis.;
(3) is financially significant in relation to its proportion
of the administering agency's budget.
Any new block grant or any form of federal turnback program is
considered a `Major Federal Program'.
Section 2-65-20. The General Assembly shall appropriate all
anticipated federal and other funds for the operations of state
agencies in the annual General Appropriation Act and must include
any conditions on the expenditure of these funds as part of the
General Appropriation Act, consistent with federal laws and
regulations. Increases in project amounts as appropriated in the
act must be authorized in accordance with procedures set forth in
Section 2-65-40, consistent with policies as provided in the annual
General Appropriation Act and other applicable laws and
regulations.
(a) All agencies must provide to the State Budget and Control
Board, as part of their budget submissions, detailed statements of
the sources of all federal and other funds contained in their
budgets.
(b) All state agencies must submit programmatic and financial
information for each federal project to the Governor and the Joint
Appropriations Review Committee, hereinafter referred to as "the
Committee", in a manner prescribed by the Governor and the
Committee. The information must be submitted in a timely manner so
as to permit review of the projects as part of the budget process.
(c) The Governor shall provide recommendations to the Committee
on all federal projects included in agencies' budgets. The
recommendations must include, but not be limited to, the authorized
federal funding levels, levels of state matching funds, number of
employees, and special conditions on how the funds must be spent.
(d) The Committee Governor's Office shall provide to the Ways
and Means Committee and the Senate Finance Committee at appropriate
times during the budget review process its recommendations on all
federal projects. The recommendations must include, but not be
limited to, the areas limited in Subsection (c).
II-35
(e)(d) The appropriation of federal funds must be decreased to
the extent that receipts from these sources do not meet the
estimates reflected in each section of the General Appropriation
Act.
(f)(e) With the exception of funds defined as `exempt' in
Section 2-65-100, no agency may receive or spend federal or other
funds that are not authorized in the annual General Appropriation
Act, but unanticipated federal or other funds may be received and
spent upon authorization pursuant to Section 2-65-30 or 2-65-40, as
applicable.
Section 2-65-30. (a) A state agency may receive and spend
unanticipated federal funds, and funds from private foundations or
industries, which are not included in the General Appropriation
Act, but state agencies must submit expenditure proposals to the
Governor and the Committee prior to before submission of the
proposal to the grantor agency; and further provided, that the
state agency shall receive authorization of the Committee prior to
Governor before receipt and expenditure of funds. No authorization
shall be made without first securing and considering the Governor's
recommendation on each expenditure proposal. Any such authorization
is subject to all of the following standards:
(1) The unanticipated nature of the project precluded it from
consideration and approval as part of the state appropriations
process as described in Section 2-65-20.
(2) The project assists the applicant state agency to achieve
objectives or goals in keeping with the recognized powers and
functions of the state agency.
(3) The applicant state agency is the appropriate entity to
conduct project activities and no duplication of services is
created by the authorization.
(4) State matching funds, if required, are available within
the existing resources of the applicant state agency.
(5) The project benefits the health or welfare of the people
of the State.
(b) Notwithstanding any other provisions of this chapter, no
authorization of unanticipated federal or private foundation or
industry funds may involve a commitment of future legislative
enactment to provide additional state funds to support the project.
(c) The Joint Appropriations Review Committee Governor must
provide the General Assembly House Ways and Means Committee and the
Senate Finance Committee with periodic committee reports which
describe actions taken under the provisions of this section.
(d) Notwithstanding any other provisions of this chapter, a
state agency may not implement an unanticipated major Federal
Program without prior approval of the General Assembly, except:
(1) That to the extent that the unanticipated program
replaces existing services currently provided by a state agency,
other governmental entity, private nonprofit organization, or other
service provider, the services may be authorized by the Committee
Governor to continue at an equivalent level, within the constraints
of Federal law and funding, until the General Assembly acts.
II-36
(2) In the event the unanticipated program creates services
not currently provided, and the Joint Appropriations Review
Committee and the Governor mutually agree agrees that delayed
implementation would result in a significant loss of federal funds
to the State, the program may be authorized by the Committee
Governor to proceed at a minimal level, until such time as the
General Assembly may act.
Section 2-65-40. (a) A state agency may spend `other' funds
above the amount in the General Appropriation Act and increases in
anticipated federal programs if the expenditure of the funds
receives the prior authorization of the Joint Appropriations Review
Committee. The Joint Appropriations Review Committee must secure
and consider the recommendations of the Governor prior to such
authorization. If the Joint Appropriations Review Committee and the
Governor do not agree on the authorization, no expenditure of funds
may be made until the General Assembly, or the Budget and Control
Board if the General Assembly is not in session, acts on the
proposed expenditure Governor.
(b) Authorizations under this section are subject to the
following standards, as applicable:
(1) the proposed use of the funds do not result in a fund of
surplus money which may be used by the agency to expand programs
without legislative approval.;
(2) if the funds are earmarked for specific use in the General
Appropriation Act, or by Federal law or regulation, any additional
funds must be used for the same purpose.;
(3) If the increase results from a fee or charge for service,
the agency has the legal authority to impose the fee, and has
secured any approvals required by applicable law or regulations.;
(4) The proposed use of funds assists the state agency to
achieve objectives or goals in keeping with the recognized powers
and functions of the state agency.;
(5) if the funds are generated from a new revenue source:
(i) the proposed use of funds covers only a minimum amount
of administrative costs necessary to support the revenue
collection, and any excess must be remitted to the General Fund.;
(ii) it is determined that the requesting state agency is
the appropriate entity to carry out the proposed activities and no
duplication of services is created by the authorization.;
(6) if the increase in federal funds requires a corresponding
increase in state matching funds, the state match is available from
existing resources.
(c) The Joint Appropriations Review Committee Governor must
provide the General Assembly House Ways and Means Committee and the
Senate Finance Committee with periodic committee reports which
describe actions taken under the provisions of this section.
Section 2-65-50. Agencies must include estimates of research
and student aid funds in the detailed budget statements required in
Item (a) of Section 2-65-20(a) of this chapter. Agencies may not
be required to submit the detailed programmatic and financial
II-37
information required in Item (b) of Section 2-65-20(b) of this
chapter, except that the agencies must furnish to the Governor
notices of actual awards and allocations of research and student
aid funds within fourteen days of receipt of such notices from
funding agencies. The Governor must provide the Committee with a
maintain quarterly report reports of the funds received by the
agency, and must, upon request, provide copies thereof to the House
Ways and Means Committee or the Senate Finance Committee, or both.
Section 2-65-60. The Comptroller General must account for and
control expenditures of individual federally funded projects for
all agencies using the Statewide Accounting and Reporting System.
For continuing federal projects, the Governor must certify to the
Comptroller General the actual funds approved for each project
pursuant to Section 2-65-20 of this chapter, and any further
adjustments to this amount, based on grant award documentation and
pursuant to Section 2-65-40 of this chapter. For new federally
funded projects, the Governor must inform the Comptroller General
of funding levels authorized pursuant to Section 2-65-30 of this
chapter.
The Comptroller General shall authorize expenditures on each
project not to exceed the amount certified by the Governor. Upon
request of the Governor, the Budget and Control Board, or the Joint
Appropriations Review Committee House Ways and Means Committee, or
the Senate Finance Committee, the Comptroller General must provide
periodic reports of authorization levels, expenditures, revenues,
and other data related to such federal projects. Upon request of
the Governor, the Budget and Control Board, or the Joint
Appropriations Review Committee House Ways and Means Committee, or
the Senate Finance Committee, state agencies must provide grant
award and related actual funding information.
Section 2-65-70. (a) All agencies receiving federal grants or
contracts must recover the maximum allowable indirect costs on
those projects, subject to applicable federal laws and regulations.
All indirect cost recoveries shall be credited to the General Fund,
with the exception of recoveries from research and student aid
grants and contracts.
(1) Each agency receiving grants or contracts to which
indirect costs may be charged must have an approved indirect cost
rate or cost allocation plan. Agencies must prepare the indirect
cost proposals and submit them to the Governor for review. The
Governor must submit the proposals to the appropriate federal
agencies, negotiate the agreements, and transmit approved
agreements to the state agencies. The Joint Appropriations Review
Committee must be provided with a copy of the proposals, for review
and comment, prior to submission to the federal agency. The
Governor, upon request, must also provide a report on the proposals
to the House Ways and Means Committee or the Senate Finance
Committee, or both.
(2) The Governor shall prepare annually the Statewide Cost
Allocation Plan for allocation of central service costs to federal
II-38
and other programs. The Governor must ensure that state agencies
recover costs approved in the Plan through federal grants and
contracts, subject to federal laws and regulations.
(3) The Budget and Control Board and the Comptroller General
must assist the Governor in ensuring compliance with this section.
(b) If it is determined to be in the best interest of the State
and the agency receiving the federal funds, the requirements of
this section may be waived; except that indirect cost waivers may
not be granted for unanticipated federal projects authorized
pursuant to Section 2-65-30 of this chapter. Requests for indirect
cost waivers for continuing federal projects must be made by the
applicant agency as a part of its budget request and must be
reviewed in accordance with the provisions of Section 2-65-20 of
this chapter.
Section 2-65-80. (a) The General Assembly shall designate
through the annual General Appropriation Act an agency to operate
each block grant. Should a new block grant be approved by the
United States Congress after the annual General Appropriation Act
has been approved, it must be approved in accordance with the
provisions of Subsection (d) of Section 2-65-30(d) of this chapter.
(b) The committee Governor must conduct public hearings for
those block grants for which federal laws and regulations require
legislative public hearings, and any other block grants for which
legislative public hearings are deemed necessary by the Committee.
Public comments must be taken into consideration by the Committee
Governor in review and authorization of federal funds according to
the procedures set forth in Section 2-65-20 of this chapter.
(c) The Governor shall issue, in accordance with the South
Carolina Administrative Procedures Act, administrative regulations
and cost principles for block grants. The Committee must be
provided an opportunity to review and comment on proposed block
grant regulation.
(d) The Budget and Control Board shall ensure that audits of
block grants are conducted in accordance with Federal laws and
regulations.
Section 2-65-90. The Governor shall design and operate a state
process for review and coordination of proposed federal financial
assistance and direct federal development by state and local
officials as required by Section 401(a) of the federal
Intergovernmental Cooperation Act of 1968 and federal regulations
and executive orders. The Governor must seek the advice of the
South Carolina Advisory Commission on Intergovernmental Relations
and the Regional Councils of Government in the development and
implementation of the state process.
Section 2-65-100. Funds from the following sources are exempt
from the requirements of this chapter:
(1) General Fund Appropriations.
(2) Funds appropriated by a South Carolina local government.
(3) Research and student aid grants, except as otherwise
II-39
provided in this chapter.
(4) Donated materials, supplies, in-kind services, buildings,
land and equipment, if the donations do not create a future
obligation of state General Fund monies. If a donation does create
a future obligation of state General Fund monies, the donation is
subject to review and approval, in accordance with Section 2-65-30
of this chapter.
(5) Federal funds used in connection with capital improvement
bond funds subject to authorization pursuant to Act 1377 of 1968.
Section 2-65-110. The Budget and Control Board shall revise the
structure of the annual state budget so as to present a format
which clearly delineates each agency's and institution's programs,
their source of revenue, the associated program objectives, the
total program costs and program effectiveness measurements.
In developing the revised budget format and procedures, the
board Budget & Control Board shall follow the recommendations of
the Governor and the Committee in accordance with the procedure as
set forth in Section 2-65-30.
Section 2-65-120. Notwithstanding any other laws, all agencies
and institutions of the State shall cooperate fully with the board,
and the Governor and the Committee in the implementation of this
chapter."
B. Title 2 of the 1976 Code, as amended, is further amended by
adding:
"CHAPTER 66
South Carolina Folk Heritage Award
Section 2-66-10. (A) There is created the South Carolina Folk
Heritage Award which may be presented to no more than four
recipients each year by the General Assembly. At the discretion of
the awards advisory committee, an additional South Carolina Folk
Heritage Award may be presented to no more than one folk arts
advocate each year by the General Assembly.
(B) The purpose of the award is to recognize lifetime
achievement in this State for traditional folk art. The award
recognizes individuals or groups who have used their lives to
create beauty and meaning for their communities and the State as a
whole in ways that are significant because they have lasted, often
for hundreds of years. Winners of the award represent those who
have demonstrated excellence in folk art, and have maintained and
enriched the lives of all persons of their communities and of the
State through their unique talents.
(C) Criteria for the award are as follows:
(1) emphasis on authenticity of tradition, giving the highest
priority to those crafts with a long history of practice in this
State;
(2) the significance of the individual folk artist or folk art
II-40
group in maintaining or stimulating the craft to higher levels of
artistic achievement; or, the significance of the folk arts
advocate in supporting authentic South Carolina traditional craft
or interpreting it to a wider audience;
(3) the award must be given to folk artists living and
practicing in this State.
(D) There is established an awards advisory committee to the
South Carolina Arts Commission whose purpose is to choose award
recipients. This advisory committee must be composed of six
members who shall serve two-year terms. The members of the
advisory committee shall receive no mileage, per diem, or
subsistence unless provided for by private funds. The advisory
committee is comprised of:
(1) one member of the South Carolina Arts Commission, or a
designee;
(2) the Folk Arts Coordinator at McKissick Museum;
(3) two citizens, one of whom represents the Afro-American
community, to be appointed by the Speaker of the House of
Representatives;
(4) two citizens, one of whom represents the American Indian
community, to be appointed by the President of the Senate.
(E) No state funds may be used for this award. Private funds
must be raised to cover any expenses incurred or associated with
presenting the award and these funds must be remitted to and
managed and disbursed by the South Carolina Arts Commission."
C. Members of the awards advisory committee for choosing the South
Carolina Heritage Award recipients, except for the member of the
Joint Legislative Committee on Cultural Affairs, serving
immediately before this section's effective date pursuant to
Section 2-68-10 of the 1976 Code, shall serve until their terms
under Section 2-68-10 expire and shall complete their service
pursuant to Chapter 66, Title 2 of the 1976 Code as added by this
section.
D. The term "Joint Appropriations Review Committee" wherever it may
appear in any provision of law must be construed to mean the Office
of the Governor effective January 1, 1997.
E. The following provisions of the 1976 Code are repealed:
(a) Chapter 39 of Title 2 Mental Health, Mental Retardation
Study Committee
(b) Chapter 43 of Title 2 Textile Industry Study Committee
(c) Chapter 53 of Title 2 Committee on Energy
(d) Chapter 55 of Title 2 Health Care Planning and Oversight
Committee
(e) Chapter 68 of Title 2 Joint Legislative Committee on
Cultural Affairs
(f) Chapter 73 of Title 2 Joint Committee on the Disabled
(g) Chapter 21 of Title 51 Committee on Tourism
II-41
F. This section takes effect July 1, 1996, except that subsections
A. and B. are effective January 1, 1997.
SECTION 36
(State Board of Education & Commission on Higher Education Duties)
- DELETED
SECTION 37
(Motorcycle Rider Safety Education Program) - DELETED
SECTION 38
(Local School Innovation Fund - Adult Education) - DELETED
SECTION 39
(Local Government Tax and Fee Caps) - DELETED
SECTION 40
(Exclude Transferable Cds from "Security" Definition/Securities
Commissioner) - DELETED
SECTION 41
(Special Purpose, Public Service & School Districts Tax & Fee Caps)
- DELETED
SECTION 42
(Motor Vehicle Record Information) - DELETED
SECTION 43
(LAC Assist with Zero Base Budgeting) - DELETED
SECTION 44
(Establish Capital Projects Oversight Committee) - DELETED
II-42
SECTION 45
TO AMEND SECTION 50-3-316, AS AMENDED, OF THE 1976 CODE, RELATING
TO THE REQUIREMENTS FOR ENFORCEMENT OFFICERS OF THE DEPARTMENT OF
NATURAL RESOURCES, SO AS TO REQUIRE THE DEPARTMENT TO EMPLOY THE
MOST QUALIFIED APPLICANTS, REQUIRE OFFICERS TO RESIDE WITHIN THE
COUNTY FOR WHICH THEY ARE EMPLOYED OR MOVE TO SUCH COUNTY WITHIN
THREE MONTHS OF EMPLOYMENT, PROVIDE FOR FUNDING FOR ENFORCEMENT
OFFICERS, AND DELETE PROVISIONS WHICH REQUIRE THE DEPARTMENT TO
HIRE APPLICANTS MEETING MINIMUM EMPLOYMENT QUALIFICATIONS AND
PROVISIONS FOR HIRING APPLICANTS RESIDING OUTSIDE THE COUNTY.
A. Section 50-3-316 of the 1976 Code, as amended by Section 1258,
Act 181 of 1993, is further amended to read:
"Section 50-3-316. The department shall, In employing
enforcement officers, the department shall use the criteria as
required by the Division Office of Human Resources Management and
the department, which shall. The criteria must include, but are
not limited to, a written examination, physical examination, and
interview. Each applicant shall be is required to perform at
minimal levels as required by the Division Office of Human
Resources Management and the department. The department shall
employ the most qualified applicants. If an enforcement officer
does not reside in the county for which he is employed, he shall
move to the county at his expense within three months of
employment. Enforcement officers must be compensated from funds
provided to the department in the annual general appropriation act.
The department, when employing enforcement officers within a
particular county, must hire those applicants, if any, who meet the
minimum employment qualification requirements as required by the
Division of Human Resource Management and the department and who
reside within that particular county before the department may
hire other qualified applicants who reside outside that county.
If more than one vacancy exists in a county, the resident
candidate with the next highest score will be chosen to fill the
second vacancy. Additional vacancies would be filled in the same
manner.
If there are no candidates for that county who meet the minimum
requirements, the vacancy will be filled by the top scoring
candidate regardless of county of residence."
B. This section takes effect July 1, 1996.
SECTION 46
TO AMEND SECTIONS 9-1-1770, AS AMENDED, AND 9-11-120, AS AMENDED,
OF THE 1976 CODE, RELATING TO THE PRERETIREMENT DEATH BENEFIT
PROGRAM FOR MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE
SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO CLARIFY
THE CIRCUMSTANCES IN WHICH A MEMBER IS CONSIDERED TO HAVE BEEN IN
II-43
SERVICE ON THE DATE OF DEATH AND THEREBY MEET AN ELIGIBILITY
REQUIREMENT FOR THE BENEFIT.
A. The third undesignated paragraph of Section 9-1-1770 of the 1976
Code, as last amended by Act 171 of 1991, is further amended to
read:
"Upon receipt of proof, satisfactory to the board, of the death
of a contributing member in service who had completed at least one
full year of membership in the system or of the death of a
contributing member as a result of an injury arising out of and in
the course of the performance of his duties regardless of length of
membership, as of the effective date of his employer's
participation, there must be paid to the person he nominated for
the refund of his accumulated contributions, unless he has
nominated a different beneficiary by written designation filed with
the board, in the event of his death pursuant to Section 9-1-1650,
if the person is living at the time of the member's death,
otherwise to the member's estate, a death benefit equal to the
annual earnable compensation of the member at the time his death
occurs. The death benefit is payable apart and separate from the
payment of the member's accumulated contributions on his death
pursuant to Section Sections 9-1-1650 or Section 9-1-1660. For
purposes of this section, a member is considered to be in service
at the date of his death if his last day of earned service credit
the last day the member was employed in a continuous, regular pay
status, while earning regular or unreduced wages and regular or
unreduced retirement service credit, whether the member was
physically working on that day or taking continuous accrued annual
leave or sick leave while receiving a full salary, occurred not
more than ninety days before the date of his death and he has not
retired."
B. The third undesignated paragraph of Section 9-11-120 of the 1976
Code, as last amended by Act 171 of 1991, is further amended to
read:
"Upon proof satisfactory to the board of the death of a
contributing member in service after completion of at least one
full year of membership or of the death of a contributing member as
a result of an injury arising out of and in the course of the
performance of his duties regardless of length of membership, whose
employer is participating in the program, there must be paid to the
person he nominated for the refund of his accumulated
contributions, unless he has nominated a different beneficiary by
written designation filed with the board, pursuant to Section
9-11-110, if the person is living at the time of the member's
death, otherwise to the member's estate, a death benefit equal to
the annual compensation of the member at the time his death
occurs. The death benefit is payable apart and separate from the
payment of the amount provided by Section 9-11-110. For purposes
of this section, a member is considered to be in service at the
II-44
date of his death if his last day of earned service credit the last
day the member was employed in a continuous, regular pay status,
while earning regular or unreduced wages and regular or unreduced
retirement service credit, whether the member was physically
working on that day or taking continuous accrued annual leave or
sick leave while receiving a full salary, occurred not more than
ninety days before the date of his death and he has not retired."
SECTION 47
TO AMEND SECTIONS 9-1-1620, AS AMENDED, 9-9-70, AS AMENDED, AND
9-11-150, AS AMENDED, OF THE 1976 CODE, RELATING TO RETIREMENT
BENEFITS OPTIONS FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT
SYSTEM, THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY,
AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO
PROVIDE FOR THE METHOD OF REVOCATION OF A PRIOR SPOUSAL NOMINATION
AND ELECTION OF A NEW OPTION AT THE DEATH OF A MEMBER'S SPOUSE OR
CHANGE IN THE MEMBER'S MARITAL STATUS BY MEANS OF AN APPROPRIATELY
COMPLETED WRITTEN FORM SIGNED AND NOTARIZED BY THE MEMBER AND FILED
WITH THE SYSTEM OR IN SOME OTHER WRITTEN FORMAT SIGNED AND
NOTARIZED, MAKING THE SAME REVOCATION AND ELECTION AND CONTAINING
THE IDENTICAL INFORMATION REQUIRED BY THE FORM.
A. The second undesignated paragraph of Section 9-1-1620 of the
1976 Code, as last amended by Act 336 of 1992, is further amended
to read:
"A member having elected Option 2, 3, or 5 and nominated his or
her spouse to receive a retirement allowance upon the member's
death may, after divorce from or death of his or her spouse, revoke
the prior nomination and elect a new option only after the death of
his or her spouse, a divorce, or other change in the member's
marital status. This change may be accomplished only by filing
with the system: (a) the form prescribed by the system,
appropriately completed, signed by the member and notarized, that
simultaneously both revokes the prior nomination and elects a new
option and contains such other information as the system requires,
or (b) a writing signed by the member and notarized that makes the
same revocation and election and contains the identical information
required by the prescribed form. The revocation and election of a
new option is effective on the first day of the month in which the
new option is elected, providing for a retirement allowance
computed to be the actuarial equivalent of the retirement allowance
in effect immediately before the effective date of the new option.
The retirement allowance payable following the election of a new
option allowed by this paragraph must be computed upon the
actuarial equivalent of the retirement allowance in effect
immediately before the effective date of the new option. The
revocation of the prior nomination and the election of a new option
after the death of the member's spouse must be made before the
later of July 1, 1992, or the first anniversary of the death of the
II-45
spouse. A new option may be elected after a change in marital
status."
B. The second undesignated paragraph of Section 9-9-70 of the 1976
Code, as last amended by Act 336 of 1992, is further amended to
read:
"A member having elected Option 1, 2, or 3 and nominated his or
her spouse to receive a retirement allowance upon the member's
death may, after divorce from or death of his or her spouse, revoke
the prior nomination and elect a new option only after the death of
his or her spouse, a divorce, or other change in the member's
marital status. This change may be accomplished only by filing
with the system: (a) the form prescribed by the system,
appropriately completed, signed by the member and notarized, that
simultaneously both revokes the prior nomination and elects a new
option and contains such other information as the system requires,
or (b) a writing signed by the member and notarized that makes the
same revocation and election and contains the identical information
required by the prescribed form. The revocation and election of a
new option is effective on the first day of the month in which the
new option is elected, providing for a retirement allowance
computed to be the actuarial equivalent of the retirement allowance
in effect immediately before the effective date of the new option.
The retirement allowance payable following the election of a new
option allowed by this paragraph must be computed upon the
actuarial equivalent of the retirement allowance in effect
immediately before the effective date of the new option. The
revocation of the prior nomination and the election of a new option
after the death of the member's spouse must be made before the
later of July 1, 1992, or the first anniversary of the death of the
spouse. A new option may be elected after a change in marital
status."
C. The second undesignated paragraph of Section 9-11-150 of the
1976 Code, as last amended by Act 336 of 1992, is further amended
to read:
"A member having elected Option 1, 2, or 4 and nominated his or
her spouse to receive a retirement allowance upon the member's
death may, after divorce from or death of his or her spouse, revoke
the prior nomination and elect a new option only after the death of
his or her spouse, a divorce, or other change in the member's
marital status. This change may be accomplished only by filing
with the system: (a) the form prescribed by the system,
appropriately completed, signed by the member and notarized, that
simultaneously both revokes the prior nomination and elects a new
option and contains such other information as the system requires,
or (b) a writing signed by the member and notarized that makes the
same revocation and election and contains the identical information
required by the prescribed form. The revocation and election of a
new option is effective on the first day of the month in which the
II-46
new option is elected, providing for a retirement allowance
computed to be the actuarial equivalent of the retirement allowance
in effect immediately before the effective date of the new option.
The retirement allowance payable following the election of a new
option allowed by this paragraph must be computed upon the
actuarial equivalent of the retirement allowance in effect
immediately before the effective date of the new option. The
revocation of the prior nomination and the election of a new option
after the death of the member's spouse must be made before the
later of July 1, 1992, or the first anniversary of the death of the
spouse. A new option may be elected after a change in marital
status."
SECTION 48
TO AMEND SECTIONS 9-1-10, AS AMENDED, AND 9-1-440, AS AMENDED, OF
THE 1976 CODE, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH
CAROLINA RETIREMENT SYSTEM AND THE TYPES OF PRIOR SERVICE FOR WHICH
MEMBERSHIP IS ALLOWED AND FOR WHICH SERVICE CREDIT MAY BE
ESTABLISHED, SO AS TO DEFINE "EMPLOYEE" NOT TO INCLUDE CERTAIN
STUDENTS AND TO MAKE A STUDENT'S EMPLOYMENT BY THE INSTITUTION IN
WHICH THE STUDENT IS ENROLLED INELIGIBLE FOR MEMBERSHIP AND FOR
ESTABLISHING SERVICE CREDIT, AND PROVIDE OTHER SOURCES WHICH MAY BE
USED IN MAKING DETERMINATIONS IN THESE MATTERS AND TO ALLOW THE
CONTINUED ESTABLISHMENT OF STUDENT BUS DRIVER SERVICE CREDIT.
A. Section 9-1-10(4)(f) of the 1976 Code, as last amended by Act
162 of 1991, is further amended to read:
"(f) an employee of an alcohol and drug abuse planning agency
authorized to receive funds pursuant to Section 61-5-320.
`Employee' does not include supreme and circuit court judges or
any person employed by a school, college, or university at which
the person is enrolled as a student or otherwise regularly
attending classes for academic credit unless the person is employed
as a school bus driver and is paid by the same school district in
which the person is enrolled in school. In determining student
status, the system may consider those factors provided pursuant to
Section 9-1-440;"
B. Section 9-1-440 of the 1976 Code, as last amended by Act 420 of
1994, is further amended by adding at the end:
"Service performed in the employ of a school, college, or
university must not be considered for purposes of membership in or
service credit for any of the state retirement systems if the
service is performed by a student who is enrolled and regularly
attending classes at such school, college, or university. For
purposes of determining the applicability of this section, the
system may consider the guidelines of the Social Security
Administration regarding student services and other criteria the
II-47
system uniformly prescribes. This paragraph does not apply to
services rendered by student school bus drivers who are paid by the
same school district in which they are enrolled in school."
SECTION 49
TO AMEND SECTION 9-1-1140, AS AMENDED, OF THE 1976 CODE, RELATING
TO ESTABLISHMENT OF CERTAIN TYPES OF SERVICE CREDIT FOR PURPOSES OF
THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO REQUIRE A MEMBER
ESTABLISHING CREDIT FOR UNDERGRADUATE OR GRADUATE SCHOOL TO HAVE
LEFT COVERED EMPLOYMENT TO ATTEND SCHOOL, TO REQUIRE RETURN TO
COVERED EMPLOYMENT WITHIN NINETY DAYS AFTER THE LAST DATE OF
ENROLLMENT, AND TO DELETE AN OBSOLETE REFERENCE.
The fourth undesignated paragraph of Section 9-1-1140 of the 1976
Code, as last amended by Act 166 of 1993, is further amended to
read:
"A member who leaves covered employment to attend undergraduate
or graduate school and returns directly to covered employment
within ninety days after the member's last date of enrollment may
establish up to two years' retirement credit by paying the
actuarial cost as determined by the board. However, the member
contribution must not be less than ten percent and effective July
1, 1994, twelve percent of current salary or the average of the
three highest consecutive fiscal years, whichever is greater, for
each year prorated for periods of less than a year."
SECTION 50
TO AMEND SECTION 9-9-55 OF THE 1976 CODE, RELATING TO ESTABLISHMENT
OF SERVICE CREDIT IN THE RETIREMENT SYSTEM FOR MEMBERS OF THE
GENERAL ASSEMBLY, SO AS TO CLARIFY THAT A MEMBER OF THE GENERAL
ASSEMBLY MAY PURCHASE AN ENTIRE YEAR OF SERVICE CREDIT FOR A
PORTION OF A YEAR SERVED ONLY WHERE THE MEMBER WAS ELECTED IN A
SPECIAL ELECTION AND TO PROVIDE THAT THE PAYMENT TO ESTABLISH THIS
CREDIT MUST EQUAL THE AMOUNT CONTRIBUTED BY A SERVING MEMBER FOR
THIS SAME PERIOD PLUS INTEREST.
Section 9-9-55 of the 1976 Code, as added by Act 63 of 1995, is
amended to read:
"Section 9-9-55. Notwithstanding any other provision of law,
any member of the General Assembly who was elected in a special
election and served in the General Assembly any portion of a year
may establish credit for the entire year by paying the full
actuarial cost as determined by the Retirement System for members
of the General Assembly provided payment is made to the system on
the same basis as members of the General Assembly contributed for
the same period of time plus interest."
II-48
SECTION 51
TO AMEND SECTION 16-3-1180, AS AMENDED, OF THE 1976 CODE, RELATING
TO CRIME VICTIM'S ASSISTANCE PROGRAM AWARDS, SO AS TO REVISE THE
PROCEDURES FOR DETERMINING AWARDS, INCREASE CERTAIN AUTHORIZED
AWARDS, EXTEND THE TIME FOR THE REVIEW OF CASES, AND AUTHORIZE THE
DIRECTOR OF THE VICTIM'S ASSISTANCE PROGRAM TO REOPEN CASES UNDER
SPECIAL CIRCUMSTANCES; TO AMEND SECTION 16-3-1250, RELATING TO THE
SUBROGATION OF THE STATE TO ANY RIGHT OF ACTION ACCRUING TO A
CLAIMANT, VICTIM, OR INTERVENOR AS A RESULT OF A CRIME WHERE AN
AWARD HAS BEEN MADE, SO AS TO LIMIT THE SUBROGATION RIGHTS OF THE
STATE UNDER CERTAIN CONDITIONS; AND TO AMEND SECTION 16-3-1560, AS
AMENDED, RELATING TO MEDICAL EXAMINATIONS OF VICTIMS OF SEXUAL
ASSAULTS AND REIMBURSEMENTS FOR THE COSTS THEREOF, SO AS TO REVISE
THE PROCEDURAL REQUIREMENTS FOR THE PAYMENT OF THESE
REIMBURSEMENTS, AND TO AUTHORIZE THE DIRECTOR TO DIRECT PAYMENT OF
ADDITIONAL SERVICES WHEN PROJECTED REIMBURSEMENTS WILL EXCEED
PROJECTED FUNDING APPROPRIATED FOR THIS PURPOSE.
A. Section 16-3-1180 of the 1976 Code, as last amended by Act 83 of
1995, is further amended to read:
"Section 16-3-1180. (A) An award may be made for:
(1) reasonable and customary charges as periodically
determined by the board for medical services, including mental
health counseling, required and rendered as a direct result of the
injury on which the claim is based, as long as these services are
rendered by a licensed professional. Payment for mental health
counseling is limited to the number of sessions during a
ninety-day-period one hundred eighty-day-period beginning on the
date of the first counseling session or fifteen twenty sessions,
whichever is greater;
(2) reasonable and customary charges as periodically
determined by the board for other services required and rendered as
a direct result of the injury upon which the claim is based, as
long as the service is rendered by a professional or
paraprofessional who holds a license, certificate, or other
documentary evidence of specific training and qualification in a
field of service which, by regulation, the board recognizes as a
service required by and beneficial to crime victims;
(3) loss of earning or support, provided that:
(a) claimant is deprived of that income for at least two
consecutive weeks;
(b) the loss is not reimbursable;
(c) the amount may not exceed the maximum rate provided in
Section 42-1-50;
(d) conditions (a), (b), and (c) may be waived in severe
hardship cases;
(4) reasonable and customary charges for employment-oriented
retraining or rehabilitative services incurred as a direct result
of the injury; and
II-49
(5) burial expenses not to exceed two four thousand dollars.
(B) If there are two or more family members as specified in
Section 16-3-1210(c) who are entitled to an award as a result of
the death of a person, the award must be apportioned among the
claimants; however, the amount awarded for burial expenses must be
paid to or on behalf of the person who has paid or is responsible
for that expense.
(C) The aggregate of award to and on behalf of victims may not
exceed ten fifteen thousand dollars unless the Crime Victim's
Advisory Board, by two-thirds vote, and the director concur that
extraordinary circumstances exist. In such this case, the award
may not exceed twenty-five thousand dollars.
(D) An award may be made only if and to the extent that the
amount of compensable loss exceeds one hundred dollars; however,
this limitation may be waived in the interest of justice and must
be waived upon a showing that the claimant is at least sixty-five
years old.
(E) A previously decided award may be reopened for the purpose
of increasing the compensation previously awarded, subject to the
maximum provided in this article. In this case the State Office of
Victim Assistance shall send immediately to the claimant a copy of
the notice changing the award. This review may not affect the
award as regards any monies paid, and the review may not be made
after twelve eighteen months from the date of the last payment of
compensation pursuant to an award under this article unless the
director determines there is a need to reopen the case as specified
in Section 16-3-1120(4)."
B. Section 16-3-1250 of the 1976 Code is amended to read:
"Section 16-3-1250. Payment of an award pursuant to this
article shall subrogate subrogates the State, to the extent of such
the payment to any right of action accruing to the claimant or to
the victim or intervenor to recover losses resulting from the crime
with respect to which the award is made, except that subrogation
shall not reduce the financial recovery by the victim, claimant, or
intervenor to less than one hundred percent of actual losses or
expenses. The subrogation amount must be reduced if there is a
jury award or judicial award in a bench trial, which results in a
loss to the victim, claimant, or intervenor. Subrogation shall not
be reduced if the action is terminated other than by a jury award
or judicial award in a bench trial."
C. Section 16-3-1560(E) of the 1976 Code, as added by Act 367 of
1988, is amended to read:
"(E) When the director determines that projected reimbursements
in any fiscal year provided for in this section will exceed funds
appropriated for payment of these reimbursements, he shall direct
payment of additional services from the Victim's Compensation Fund.
he shall reduce the amount of each reimbursement by an amount equal
to the ratio of available appropriated funds to the total projected
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reimbursements cost. When these reductions are required, the
director shall inform the public through the media of the
reductions as promptly as possible. The reductions apply to all
claims not paid as of the effective date of the reductions order."
SECTION 52
TO AMEND SECTION 20-7-5730 OF THE 1976 CODE, RELATING TO THE
SERVICES FUND FOR EMOTIONALLY DISTURBED CHILDREN, SO AS TO TRANSFER
RESPONSIBILITIES FOR ADMINISTRATION OF THE FUND FROM THE HEALTH AND
HUMAN SERVICES FINANCE COMMISSION TO THE DEPARTMENT OF SOCIAL
SERVICES.
Section 20-7-5730 of the 1976 Code, as added by Act 497 of 1994, is
amended to read:
"Section 20-7-5730. There is established the Services Fund for
Emotionally Disturbed Children. The Interagency System for Caring
for Emotionally Disturbed Children, as provided for in Section
20-7-5710, must be paid for solely by the fund and money in the
fund must be used only to support the system. The fund must be
administered by the Health and Human Services Finance Commission
Department of Social Services. The Department of Education shall
continue to be billed a share of costs for covered children in the
system as provided for under the Children's Case Resolution System.
The Health and Human Services Finance Commission Department of
Social Services, in conjunction with other agencies participating
in the system, shall develop billing and management protocols that
maximize the use of the funds available."
SECTION 53
TO AMEND SECTION 44-7-2570, AS AMENDED, OF THE 1976 CODE, RELATING
TO FEES FOR SERVICES AND INSURANCE UNDER THE "INFANTS AND TODDLERS
WITH DISABILITIES ACT", SO AS TO DELETE A PROVISION REQUIRING, AS
A CONDITION OF RECEIVING SERVICES, A FAMILY TO APPLY FOR ASSISTANCE
FOR WHICH THEY ARE ELIGIBLE.
A. Section 44-7-2570(B) of the 1976 Code, as last amended by Act 41
of 1991, is further amended to read:
"(B) Nothing in this section relieves public or private
insurance programs, or other persons or agencies required by law to
provide or pay for early intervention services, from their
financial or legal responsibilities. As a condition of receiving
services under this article, infants and toddlers with disabilities
and their families may be required to apply for a financial or
medical assistance program for which they are eligible."
B. This section takes effect July 1, 1996.
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SECTION 54
TO AMEND SECTION 32, AS AMENDED, PART II, ACT 171 OF 1991 (THE
GENERAL APPROPRIATIONS ACT FOR FISCAL YEAR 1991-92), RELATING TO
TEMPORARY BINGO TAXES LEVIED TO FUND SENIOR CITIZEN CENTERS, SO AS
TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO CHANGE THE
LOCATION OF THESE PROJECTS WITHIN A COUNTY AT THE REQUEST OF THE
DIVISION ON AGING OF THE OFFICE OF THE GOVERNOR.
Section 32B.(1), Part II, Act 171 of 1991, is amended to read:
"(1) Monies credited to the Commission Division on Aging Fund
may be used only for funding authorized in this section for the
projects identified in the Senior Citizens Center Survey published
by the Commission Division on Aging in October, 1989, and updated
August, 1990. Projects must be established in the order of
priority as identified in the Commission Division on Aging's 1990
Overall Permanent Improvement Plan Submission. The order of
priority can be changed by the Joint Bond Review Committee and the
State Budget and Control Board at the request of the Commission
Division on Aging. The location of these projects within a county
may be changed by the State Budget and Control Board at the request
of the Division on Aging."
SECTION 55
TO AMEND THE 1976 CODE BY ADDING SECTION 12-28-2725 SO AS TO
REQUIRE THAT AN AMOUNT OF GASOLINE TAX EQUAL TO TWENTY-FIVE
HUNDREDTHS OF A CENT ON EACH GALLON MUST BE USED BY THE DEPARTMENT
OF TRANSPORTATION FOR MASS TRANSIT, AND TO FUND AN ANNUAL AUDIT TO
BE CONDUCTED BY THE STATE AUDITOR OF THE STATE'S REGIONAL TRANSIT
AUTHORITIES AND ORGANIZATIONS ACTING AS SUCH AUTHORITIES.
A. Article 25, Chapter 28, Title 12 of the 1976 Code is amended by
adding:
"Section 12-28-2725. Of the ten and thirty-four hundredths cents
tax on gasoline imposed pursuant to this chapter, an amount equal
to twenty-five hundredths of a cent on each gallon must be used by
the department for mass transit.
The State Auditor annually shall conduct an audit to include an
in-depth financial review of the state's regional transit
authorities and eleemosynary organizations acting as regional
transit authorities receiving funds from the Department of
Transportation. Reimbursement for the audit must be paid from the
funds provided in this section. A copy of the audit must be
provided to the department. A report on these audits annually must
be submitted to the General Assembly."
B. This section takes effect January 1, 1997.
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SECTION 56
Valuation of Motor Carrier Vehicles and Exemption from Property
Taxes) - DELETED
SECTION 57
TO AMEND TITLE 12 OF THE 1976 CODE, RELATING TO TAXATION, BY ADDING
CHAPTER 24 SO AS TO IMPOSE A FEE ON THE RECORDATION OF DEEDS AT
FEES EQUAL TO, AND FOR THE PURPOSES OF THE FORMER DOCUMENTARY STAMP
TAX INCLUDING THE COUNTY DOCUMENTARY STAMP TAX, ON CONVEYANCES OF
REALTY, TO PROVIDE EXEMPTIONS FROM THE FEE, TO PROVIDE FOR THE
PAYMENT OF AND COLLECTION OF THE FEE BY THE REPORTING METHOD, AND
TO ESTABLISH THOSE LIABLE FOR THE FEE AND PROVIDE CIVIL AND
CRIMINAL PENALTIES FOR VIOLATIONS; AND TO REPEAL ARTICLE 3, CHAPTER
21, TITLE 12 AND CHAPTER 25, TITLE 12 RELATING TO THE DOCUMENTARY
STAMP TAX.
A. Title 12 of the 1976 Code is amended by adding:
"CHAPTER 24
Deed Recording Fee
Section 12-24-10. In addition to all other recording fees, a
recording fee is imposed for the privilege of recording a deed in
which any lands and all improvements on the land, tenements, or
other realty is transferred to another person. The fee is one
dollar eighty-five cents for each five hundred dollars, or
fractional part of five hundred dollars, of the realty's value as
determined by Section 12-24-30.
Section 12-24-20. (A) Except as provided in subsection (B), the
fee imposed by this chapter is the liability of the grantor or the
joint or several liability of the grantors, but the grantee is
secondarily liable for the payment of the fee.
(B) In the case of a master-in-equity deed, the liability for
the fee imposed by this chapter is on the grantee or grantees.
Section 12-24-30. (A) For purposes of this chapter, the term
`value' means the realty's fair market value. In arm's-length real
property transactions, this value is the sales price paid or to be
paid in money or money's worth.
(B) A deduction from value is allowed for the amount of any lien
or encumbrance existing on the land, tenement, or realty before the
transfer and remaining on the land, tenement, or realty after the
transfer.
Section 12-24-40. Exempted from the fee imposed by this chapter
are deeds:
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(1) transferring realty to the federal government;
(2) transferring realty to the State, its agencies and
departments, and its political subdivisions, including school
districts;
(3) that are otherwise exempted under the laws and
Constitution of this State or of the United States;
(4) transferring realty in which no gain or loss is recognized
by reason of Section 1041 of the Internal Revenue Code as defined
in Section 12-6-40(A);
(5) transferring realty from an agent to the agent's principal
in which the realty was purchased with the funds of the principal;
(6) transferring an individual grave space at a cemetery owned
by a cemetery company licensed under Chapter 55 of Title 39;
(7) transferring realty to a member of the family or to a
family trust or to a family partnership. `Family' means spouse,
parents, sisters, brothers, grandparents, grandchildren, and lineal
descendants. A `family trust' is a trust whose beneficiaries are
all members of the family of the transferor. A `family
partnership' is a partnership whose partners are all members of the
family of the transferor;
(8) transferring realty to a legal heir or devisee;
(9) that constitute a contract for the sale of timber to be
cut;
(10) transferring realty from an individual to a partnership,
limited liability company, or corporation upon the formation of the
entity if the individual is transferring the realty in order to
become a partner, member, or shareholder in the entity. All other
transfers of realty to or from the partnership, limited liability
company, or corporation, not otherwise exempt, are subject to the
fee;
(11) transferring realty in a statutory merger or consolidation
from a constituent corporation to the continuing or new
corporation;
(12) transferring realty between a parent corporation and its
subsidiary corporation, provided that no consideration of any kind
is paid or is to be paid for the transfer;
(13) transferring realty to a nonprofit corporation organized
and operated exclusively for either a religious, scientific,
charitable, or educational purpose, and provided that no
consideration of any kind is paid or is to be paid for the
transfer;
(14) that constitute a corrective deed or a quitclaim deed used
to confirm title already vested in the grantee, provided that no
consideration of any kind is paid or is to be paid under the
corrective or quitclaim deed;
(15) transferring realty from an individual to a partnership or
limited liability company of which the individual is a partner or
a member, provided that the transfer is subject to the fee to the
extent that the transfer is a transfer of an undivided interest in
the realty to partners or members other than the transferor. The
determination as to the portion of the realty's value upon which
the fee must be paid must be based on the percentage interest in
II-54
the partnership or limited liability company of the partners or
members other than the transferor.
Section 12-24-50. The fee imposed by this chapter must be
remitted to the clerk of court or the register of mesne conveyances
in the county in which the realty is located and recorded. If the
realty is located in more than one county, the person having the
deed recorded in a county must state by affidavit what portion of
the value of the realty is in that county and payment of the fee
must be made based on the proportionate value of the realty located
in that county.
Section 12-24-60. The clerk of court or register of mesne
conveyances, before recording a deed subject to the fee imposed by
this chapter, shall collect the fee and place a notation on the
deed containing the following information: the date the deed was
filed; the fee collected; and any other information required by the
county. If the deed qualifies for an exemption under Section
12-24-40, the word `exempt' must be placed in the notation.
Section 12-24-70. (A) An affidavit must accompany every deed
presented for recording and must set forth the true, full, and
complete value of the realty as defined in Section 12-24-30. In
addition, the clerk or register of mesne conveyances may require
any other information considered necessary. However, the clerk or
register of mesne conveyances, at his discretion, may waive the
affidavit requirement.
If the deed is exempt under Section 12-24-40, the affidavit must
state that the deed is exempt and state the reason for the
exemption. This affidavit must be signed by a responsible person
connected with the transaction and the affidavit must state that
connection.
(B) The clerk of court or register of mesne conveyances shall
file these affidavits in his office.
A person required to furnish the affidavit who wilfully
furnishes a false or fraudulent affidavit is guilty of a
misdemeanor and, upon conviction, must be fined not more than one
thousand dollars or imprisoned not more than one year, or both.
Section 12-24-80. Every clerk of court or register of mesne
conveyances and the county shall keep and preserve suitable records
to determine the amount of fee due and collected under this
chapter. The clerk of court or register of mesne conveyances and
the county shall keep and preserve records for five years.
Section 12-24-90. (A) The fee imposed by this chapter is
composed of two fees as follows:
(1) a state fee equal to one dollar thirty cents for each five
hundred dollars, or fractional part of five hundred dollars, of the
realty's value; and
(2) a county fee equal to fifty-five cents for each five
hundred dollars, or fractional part of five hundred dollars, of the
II-55
realty's value.
(B) The state fee must be credited as follows:
(1) ten cents of each one dollar thirty cents into the
Heritage Land Trust Fund;
(2) twenty cents of each one dollar thirty cents into the
South Carolina Housing Trust Fund; and
(3) one dollar of each one dollar thirty cents into the
general fund of the State.
(C) The county fee must be credited to the general fund of the
county.
Section 12-24-100. (A) The fees imposed by this chapter and
collected by the clerk of court or register of mesne conveyances
are due and payable to the department in monthly installments with
a report on or before the twentieth day of the month following the
month in which the fees were collected. The report required by
this section must be filed by the county on a form or in the method
prescribed by the department. The department, at its discretion,
may require counties to remit the fee by electronic funds transfer
or any other method considered appropriate.
(B) The department, at its discretion, may allow a county to
file its report on a basis other than monthly.
(C) The county shall remit with each report only that portion
of the fee that represents the state portion. The county portion
of the fee must be retained by the county.
(D) When a return required by this section is filed and the fees
due with it are paid in full on or before the final due date,
including any date to which the time for making the return and
paying the fees has been extended pursuant to the provisions of
Section 12-54-70, the county is allowed a discount equal to three
percent of the state's portion of the fees. In no case is a
discount allowed if the return or fee on the return is received
after the due date or after any extension granted by the
department.
Section 12-24-110. When an instrument has been recorded it is
presumed that all requirements of law affecting the title to the
realty have been complied with.
Section 12-24-120. (A) The penalty provisions of Chapter 54 of
this title apply both to the state and county portions of the fee
imposed by this chapter.
(B) If the clerk of court or register of mesne conveyances fails
to collect the proper fee due, or place the notation on the
instrument as required by this chapter, the clerk of court or
register of mesne conveyances is subject to a penalty of not less
than fifty dollars nor more than five hundred dollars for each
failure. This penalty may be waived or reduced by the department.
(C) If the person liable for the fee imposed by this chapter
fails to pay the proper fee due, that person is subject to a
penalty of not less than fifty dollars nor more than five hundred
dollars for each failure. This penalty may be waived or reduced by
II-56
the department.
(D) All penalties and interest collected with respect to this
fee must be paid proportionately into the Heritage Land Trust Fund,
the South Carolina Housing Trust Fund, the general fund of the
State, and the county general fund in accordance with Section
12-24-90(B).
Section 12-24-130. The fee imposed under this chapter and any
penalties and interest thereon are a debt owing to the State by the
person or persons liable for the fee and are a lien on all property
of these persons, but this lien is valid so as to affect the rights
of purchasers for value, mortgagees, or judgement or other lien
creditors only from the time when warrant is entered upon the
transcript of judgments in the county, in the case of real property
where the property is situate, and in the case of personal
property, where the person liable for the fee resides or possesses
personal property if the receiver is a resident of this State, or
if the person is a nonresident, where the personal property is
situate.
Section 12-24-140. If the governing body of a county determines
that another office of the county shall administer the collecting
of the fee as provided under this chapter, the county shall notify
the department of this determination and provide the department a
letter from the person assigned these duties stating that he is
accepting this responsibility. The office designated to collect
the fee is subject to all the applicable provisions of this chapter
in place of the clerk of court or register of mesne conveyances.
Section 12-24-150. (A) The department may promulgate
regulations, issue instructions or advisory opinions, or provide
any other information to the clerks of court, registers of mesne
conveyances, or fee payors to ensure uniform administration and
collection of the fee imposed by this chapter.
(B) All refund requests must be filed with the department, and
it is the responsibility of the department to determine if a refund
is due and order the issuance of any refund due.
(C) The provisions of Chapter 54, including the provisions of
Section 12-54-85, and Chapter 60 of this title are applicable to
the fee imposed by this chapter, and, for purposes of applying
these chapters, the fee payor is deemed the taxpayer. For purposes
of applying Chapter 60, if a clerk of court or register of mesne
conveyances disagrees with a fee payor as to whether or not a
transaction is exempt or as to the amount of the fee due, the fee
payor may do one of the following:
(1) The fee payor may pay the fee and file a claim for refund
request with the department under the provisions of Section
12-60-470. If the department determines that a refund is not due,
the fee payor may appeal the matter to the Administrative Law Judge
Division. If the department determines that a refund is due, the
department shall refund the state portion of the fee and order the
county to issue a refund for the county portion of the fee. Refund
II-57
orders by the department may not be appealed by the county.
(2) The fee payor, upon filing an appeal with the department
and a copy of the appeal with the clerk of court or register of
mesne conveyances, may record the deed without payment of the fee.
The appeal to the department must be administered in the same
manner as appeals of property tax exemptions are administered by
the department. If the department determines that the fee is due,
the fee payor may appeal the decision to the Administrative Law
Judge Division. If the department determines that the fee is not
due, the county may not appeal that determination."
B. Article 3, Chapter 21, Title 12, and Chapter 25, Title 12 of the
1976 Code are repealed.
C. This section takes effect on the first day of the sixth month
following approval by the Governor and applies with respect to
deeds recorded on and after that date.
SECTION 58
TO AMEND THE 1976 CODE BY ADDING SECTIONS 61-3-605 AND 61-5-86 SO
AS TO AUTHORIZE A TEMPORARY RETAIL LIQUOR LICENSE AND A TEMPORARY
MINIBOTTLE LICENSE TO THE PURCHASERS OF A BUSINESS CURRENTLY SO
LICENSED, TO PROVIDE THAT NO SUCH TEMPORARY LICENSE MAY BE USED FOR
A LOCATION DETERMINED TO BE A PUBLIC NUISANCE, TO REQUIRE THE
APPLICANT FOR THE LICENSE TO EITHER ALREADY HOLD A PERMANENT RETAIL
LIQUOR OR MINIBOTTLE LICENSE OR TO HAVE HAD A STATE LAW ENFORCEMENT
DIVISION CRIMINAL HISTORY BACKGROUND CHECK CONDUCTED WITHIN THIRTY
DAYS, TO PROVIDE FOR THE DURATION OF THE TEMPORARY LICENSE UNTIL A
PERMANENT LICENSE IS APPROVED OR DISAPPROVED, BUT NOT LONGER THAN
ONE HUNDRED TWENTY DAYS, TO PROVIDE FOR THE REVOCATION OF THE
TEMPORARY LICENSE UPON FAILURE TO APPLY FOR A PERMANENT LICENSE IN
A TIMELY MANNER, AND TO IMPOSE A TWENTY-FIVE DOLLAR FEE FOR THE
TEMPORARY LICENSE.
A. Article 5, Chapter 3, Title 61 of the 1976 Code is amended by
adding:
"Section 61-3-605. (A) A person who purchases a retail business
which sells alcoholic beverages from a holder of a retail liquor
license at the business, upon initiating the application process
for a permanent retail liquor license, may be issued a temporary
retail liquor license by the department at the time of the purchase
if the location for which the temporary license is sought is not
considered by the department to be a public nuisance as defined by
the department by regulation and:
(1) the applicant currently holds a valid retail liquor
license; or
(2) the applicant has had a criminal history background check
conducted by the State Law Enforcement Division within the past
thirty days.
II-58
(B) A temporary license issued pursuant to subsection (A) is
valid until a permanent license is approved or disapproved by the
department, but in no case is it valid for longer than one hundred
twenty days.
(C) Notwithstanding subsection (B), the department may revoke
a temporary license if the applicant fails to proceed with
obtaining the permanent license in a timely manner, as set forth by
the department by regulation.
(D) The department shall collect a fee of twenty-five dollars
for each temporary license sought. The funds generated by this fee
must be deposited in the general fund of the State."
B. Article 1, Chapter 5, Title 61 of the 1976 Code is amended by
adding:
"Section 61-5-86. (A) A person who purchases a retail business
which sells alcoholic liquors in sealed containers of two ounces or
less from a holder of a license to sell alcoholic liquors in sealed
containers of two ounces or less at the business, upon initiating
the application process for a permanent license, may be issued a
temporary license by the department at the time of the purchase if
the location for which the temporary license is sought is not
considered by the department to be a public nuisance as defined by
the department by regulation and:
(1) the applicant currently holds a valid license to sell
alcoholic liquors in sealed containers of two ounces or less; or
(2) the applicant has had a criminal history background check
conducted by the State Law Enforcement Division within the past
thirty days.
(B) A temporary license issued pursuant to subsection (A) is
valid until a permanent license is approved or disapproved by the
department, but in no case is it valid for longer than one hundred
twenty days.
(C) Notwithstanding subsection (B), the department may revoke
a temporary license if the applicant fails to proceed with
obtaining the permanent license in a timely manner, as set forth by
the department by regulation.
(D) The department shall collect a fee of twenty-five dollars
for each temporary license sought. The funds generated by this fee
must be deposited in the general fund of the State."
SECTION 59
TO AMEND THE 1976 CODE BY ADDING SECTION 12-4-580 SO AS TO
AUTHORIZE THE DEPARTMENT OF REVENUE AND TAXATION TO COLLECT
LIABILITIES OWED GOVERNMENTAL ENTITIES, TO ALLOW THE DEPARTMENT TO
CHARGE FEES FOR THESE SERVICES, TO REQUIRE GOVERNMENTAL ENTITIES TO
INDEMNIFY THE DEPARTMENT AGAINST LOSSES ARISING OUT OF THESE
COLLECTION ACTIVITIES, AND TO PROVIDE DEFINITIONS.
A. Article 5, Chapter 4, Title 12 of the 1976 Code is amended by
II-59
adding:
"Section 12-4-580. (A) The department and any other
governmental entity may contract to allow the department to collect
any outstanding liabilities owed the governmental entity. In
administering the provisions of such agreements, the department has
all the rights and powers of collection allowed it under this title
for the collection of taxes and all such rights and powers
authorized the governmental entity to which the liability is owed.
(B) The department may charge a reasonable fee for any
collection effort made on a governmental entity's behalf. The
amount of the fee must be negotiated between the governmental
entity and the department.
(C) Governmental entities that contract with the department
pursuant to this section shall indemnify the department against any
injuries, actions, liabilities, or proceedings arising from the
department's collecting or attempting to collect the liability owed
to the governmental entity.
(D) As used in this section:
(1) `governmental entity' means the State and any state
agency, board, committee, commission, department, or public
institution of higher learning; all political subdivisions of the
State; and all federal agencies, boards, and commissions.
`Political subdivision' includes the Municipal Association of South
Carolina and the South Carolina Association of Counties when these
organizations submit claims on behalf of their members.
(2) `liabilities owed the governmental entity' means a debt
which is certified by the governmental entity to be owed it for
which all rights of administrative or judicial appeal have been
exhausted or all time limits for these appeals have expired."
B. This section takes effect July 1, 1996.
SECTION 60
TO AMEND SECTION 12-36-70 OF THE 1976 CODE, RELATING TO THE
DEFINITION OF RETAILER AND SELLER FOR PURPOSES OF THE SALES TAX, SO
AS TO EXCLUDE FROM THE DEFINITION ACCOMMODATIONS PROVIDED
TRANSIENTS IN FACILITIES OF FEWER THAN SIX SLEEPING ROOMS ON THE
SAME PREMISES; AND TO AMEND SECTION 12-36-920, AS AMENDED, RELATING
TO THE SALES TAX ON ACCOMMODATIONS TO TRANSIENTS, SO AS TO PROVIDE
THAT THE EXCEPTION FOR FACILITIES CONSISTING OF LESS THAN SIX
SLEEPING ROOMS IN A SINGLE BUILDING EXTENDS TO FACILITIES
CONSISTING OF LESS THAN SIX SLEEPING ROOMS ON THE SAME PREMISES.
A. Section 12-36-70(1)(b) of the 1976 Code, as added by Act 612 of
1990, is amended to read:
"(b) furnishing accommodations to transients for a
consideration, except an individual furnishing accommodations of
less than six sleeping rooms within a single building on the same
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premises, which is the individuals place of abode;"
B. Section 12-36-920(A) of the 1976 Code, as added by Act 612 of
1990, is amended to read:
"(A) A sales tax equal to seven percent is imposed on the gross
proceeds derived from the rental or charges for any rooms,
campground spaces, lodgings, or sleeping accommodations furnished
to transients by any hotel, inn, tourist court, tourist camp,
motel, campground, residence, or any place in which rooms,
lodgings, or sleeping accommodations are furnished to transients
for a consideration. This tax does not apply where the facilities
consist of less than six sleeping rooms, contained in a single
building on the same premises, which is used as the individuals
place of abode. The gross proceeds derived from the lease or rental
of sleeping accommodations supplied to the same person for a period
of ninety continuous days are not considered proceeds from
transients. The tax imposed by this subsection (A) does not apply
to additional guest charges as defined in subsection (B)."
SECTION 61
(Timely Filing for a Refund of Overpaid State Income Taxes) -
DELETED
SECTION 62
TO AMEND SECTION 12-36-2120, AS AMENDED, OF THE 1976 CODE, RELATING
TO SALES AND USE TAX EXEMPTIONS, SO AS TO EXEMPT FROM SALES TAX
GROSS PROCEEDS FROM THE SALE OF MOTOR VEHICLE EXTENDED SERVICE
CONTRACTS AND MOTOR VEHICLE EXTENDED WARRANTIES.
A. Section 12-36-2120 of the 1976 Code is amended by adding an
appropriately numbered item to read:
"( ) motor vehicle extended service contracts and motor vehicle
extended warranty contracts;"
B. This section takes effect July 1, 1996, and applies with respect
to sales occurring after June 30, 1993. No refund is due any
taxpayer of sales and use tax paid on motor vehicle extended
service contracts and extended warranty contracts before July 1,
1996.
SECTION 63
(Crime Stoppers) - DELETED
II-61
SECTION 64
TO AMEND SECTION 38-55-550 OF THE 1976 CODE, RELATING TO CIVIL
PENALTIES FOR INSURANCE FRAUD AND THE USE OF THE REVENUES DERIVED
FROM THESE PENALTIES, SO AS TO PROVIDE THAT THESE REVENUES MUST BE
DEPOSITED IN THE GENERAL FUND OF THE STATE; AND TO AMEND SECTION
38-55-560, RELATING TO THE INSURANCE FRAUD DIVISION OF THE OFFICE
OF THE ATTORNEY GENERAL AND THE STATE LAW ENFORCEMENT DIVISION
INVESTIGATING AND ENFORCING THE PROVISIONS OF THE OMNIBUS INSURANCE
FRAUD AND REPORTING IMMUNITY ACT, SO AS TO PROVIDE THAT THE
INSURANCE FRAUD DIVISION AND INVESTIGATIVE SERVICES SECTION OF THE
STATE LAW ENFORCEMENT DIVISION PERFORMING THESE FUNCTIONS MUST BE
FUNDED AS PROVIDED IN THE ANNUAL GENERAL APPROPRIATIONS ACT, TO
DELETE THE DEDICATION OF SPECIFIC REVENUES TO THESE ENTITIES, AND
TO PROVIDE THAT CRIMINAL FINES IMPOSED FOR VIOLATIONS OF THE
PROVISIONS OF THIS ACT ALSO MUST BE DEPOSITED IN THE STATE GENERAL
FUND.
A. Section 38-55-550(D) of the 1976 Code, as added by Section 31,
Part II, Act 497 of 1994, is amended to read:
"(D) All revenues from the civil penalties imposed pursuant to
this section must be used to provide funds for the costs of
enforcing and administering the provisions of this article
deposited in the general fund of this State."
B. Section 38-55-560(D) of the 1976 Code, as added by Section 31,
Part II, Act 497 of 1994, is amended to read:
"(D) The Insurance Fraud Division of the Office of Attorney
General and the investigative services of the State law Enforcement
Division as provided by this section must be funded by an
appropriation of not less than two hundred thousand dollars
annually from the general revenues of the State derived from the
insurance premium taxes collected by the Department of Insurance
and/or from fines assessed under Sections 38-55-170 and 38-55-540
which must be deposited in the general revenue fund to the credit
of the Office of the Attorney General and the State Law Enforcement
Division to offset the costs of this program; provided, that the
funds generated from these fines, to be utilized by either the
Office of the Attorney General or the State Law Enforcement
Division shall not total more than five hundred thousand dollars.
These monies must be shared equally on a fifty-fifty basis by the
Office of the Attorney General and the State Law Enforcement
Division, and the balance must go to the general fund of the State
as provided by the General Assembly in the annual general
appropriation act. The criminal fines assessed under Sections
38-55-170 and 38-55-540 must be deposited in the general fund of
the State."
C. This section takes effect July 1, 1996.
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SECTION 65
Election Commission Campaign Reports & Ethics Violation
Responsibility - RULED NON-GERMANE
SECTION 66
TO AMEND THE 1976 CODE BY ADDING SECTION 50-3-180 SO AS TO CREATE
THE MITIGATION TRUST FUND OF SOUTH CAROLINA FOR THE MITIGATION OF
ADVERSE IMPACT TO NATURAL RESOURCES AND TO PROVIDE FOR THE
ADMINISTRATION OF THE FUND.
A. The 1976 Code is amended by adding:
"Section 50-3-180. (A) The Mitigation Trust Fund of South
Carolina is created for the purpose of receiving gifts, grants,
contributions, and other proceeds for mitigation projects in the
State. The Board of Trustees for the Mitigation Trust Fund is the
chairman and the members of the South Carolina Department of
Natural Resources Board with full authority over the administration
of the funds deposited in the fund. The State Treasurer is the
custodian of the fund and shall invest its assets in an
interest-bearing account pursuant to South Carolina law.
(B) The Mitigation Trust Fund may receive appropriations of
state general funds, federal funds, donations, gifts, bond issue
receipts, securities, and other monetary instruments of value.
Reimbursement for monies expended from this fund must be deposited
in this fund. Funds received through sale, exchange, or otherwise,
of products of the property including, but not limited to, timber
and utility easement rights, accrue to the Mitigation Trust Fund.
(C) The income received and accruing from the fund must be spent
only for the acquisition, restoration, enhancement, or management
of property for mitigation for adverse impacts to natural
resources.
(D) The proceeds from this fund may be carried forward from year
to year and do not revert to the general fund of the State."
B. This section takes effect July 1, 1996.
SECTION 67
(Special License Plates for Shriners) - DELETED
SECTION 68
("Public Education: A Great Investment" License Plates) - DELETED
SECTION 69
II-63
TO AMEND SECTION 59-35-10 OF THE 1976 CODE, RELATING TO
KINDERGARTEN PROGRAMS, SO AS TO PROVIDE THAT BEGINNING WITH SCHOOL
YEAR 1996-97, SCHOOL DISTRICTS WHICH CHOOSE TO OFFER AN
EXTENDED-DAY FIVE-YEAR-OLD KINDERGARTEN PROGRAM ARE ELIGIBLE FOR
CERTAIN STATE FUNDING SUBJECT TO A LOCAL MATCHING FUNDS
REQUIREMENT, TO PROVIDE THAT LOCAL BOARDS SHALL ESTABLISH POLICIES
REGARDING PRIORITY OF SERVICE IN EXTENDED-DAY PROGRAMS, TO PROVIDE
THAT PARENTS WITH CHILDREN WHO ARE ELIGIBLE TO ATTEND THE
EXTENDED-DAY FIVE-YEAR-OLD KINDERGARTEN PROGRAM MAY ELECT A
HALF-DAY PROGRAM FOR THEIR CHILDREN, TO REQUIRE PARENTS TO PROVIDE
NOTIFICATION TO THE SCHOOL DISTRICT OF THEIR ELECTION TO ENROLL
THEIR CHILD IN THE FULL-DAY PROGRAM, AND TO ALLOW PARENTS TO ELECT
THAT THEIR CHILDREN NOT ATTEND PUBLIC KINDERGARTEN PROGRAMS.
Section 59-35-10 of the 1976 Code is amended to read:
"Section 59-35-10. The board of trustees of each school district
shall establish and provide kindergartens for children within its
jurisdiction. All children in the five-year-old kindergarten
program must be counted in the average daily membership of any
public school district when public school funds are to be
apportioned to the several school districts. State aid for the
five-year-old kindergarten program must be distributed through the
formula provided for in the `Education Finance Act' (Act 163 of
1977).
Beginning with school year 1996-97, school districts which
choose to offer an extended-day five-year-old kindergarten program
shall be eligible for funding for the extended day equal to the EFA
weight for a child attending a half-day five-year-old kindergarten
program as funds are made available from the General Assembly.
Local match is required for the extended-day funding. Local boards
of trustees shall establish policies regarding priority of service
in the extended-day program.
Parents of children who are eligible to attend the extended-day
five-year-old kindergarten may elect the half-day program for their
children. Parents intending to enroll their eligible children in
a full-day kindergarten program must notify the district by January
thirty-first of the year of the anticipated enrollment date, except
that such notice for the 1996-97 school year only must be provided
by July 15, 1996. Parents moving into the district after the
notification date may apply for full-day kindergarten on a space
available basis. Any parent or guardian of a child eligible for
kindergarten may elect for their child or ward not to attend
kindergarten pursuant to Section 59-65-10."
SECTION 70
TO AMEND SECTION 59-24-10 OF THE 1976 CODE, RELATING TO ASSESSMENT
OF LEADERSHIP AND MANAGEMENT CAPABILITIES OF PERSONS BEING
CONSIDERED FOR APPOINTMENT AS ELEMENTARY OR SECONDARY SCHOOL
PRINCIPALS, SO AS TO PROVIDE THAT BEGINNING WITH THE SCHOOL YEAR
II-64
1996-97, ANY PERSON APPOINTED AS A PRINCIPAL FOR ANY ELEMENTARY
SCHOOL, SECONDARY SCHOOL, OR VOCATIONAL CENTER MUST BE ASSESSED FOR
INSTRUCTIONAL LEADERSHIP AND MANAGEMENT CAPABILITIES BY THE
ASSESSMENT CENTER OF THE SOUTH CAROLINA DEPARTMENT OF EDUCATION AND
A PERSONAL PROFESSIONAL DEVELOPMENT PLAN CONSTRUCTED ON THE BASIS
OF THAT ASSESSMENT PRIOR TO OR WITHIN ONE YEAR OF THE DATE SUCH
APPOINTMENT IS MADE, TO PROVIDE THAT A REPORT OF THIS ASSESSMENT
MUST BE FORWARDED TO THE DISTRICT SUPERINTENDENT, AND TO PROVIDE
CERTAIN EXCEPTIONS; TO AMEND SECTION 59-24-30 OF THE 1976 CODE,
RELATING TO PARTICIPATION BY SUPERINTENDENTS AND PRINCIPALS IN
SEMINARS ON IMPROVEMENT OF ADMINISTRATIVE SKILLS AND INSTRUCTIONAL
LEADERSHIP, SO AS TO REQUIRE ALL SCHOOL ADMINISTRATORS ANNUALLY TO
DEVELOP OR UPDATE AN INDIVIDUAL PROFESSIONAL DEVELOPMENT PLAN WHICH
IS APPROPRIATE FOR THEIR ROLE OR POSITION, TO PROVIDE FOR THE
CONTENTS OF AND SUPPORT FOR THESE PLANS, AND TO PROVIDE FOR CERTAIN
FUNDING OF THE NEW LEADERSHIP ASSESSMENT AND SUPPORT FOR THE
PROFESSIONAL DEVELOPMENT PLAN.
A. Section 59-24-10 of the 1976 Code is amended to read:
"Section 59-24-10. Beginning with the school year 1985-86, any
person being considered for appointment as a principal for any
elementary or secondary school must be assessed for his
instructional leadership and management capabilities by the
Assessment Center of the South Carolina Department of Education,
and a written report of the assessment must be forwarded to the
board of trustees of the district before the appointment is made.
The provisions of this section do not apply to any persons
currently employed as principals on the effective date of the South
Carolina Education Improvement Act of 1984 nor to any persons hired
as principals before the beginning of school year 1985-86.
The State Department of Education shall provide facilities for
assessment, monitor the utilization of those assessed, and present
an annual report to the Select Committee on:
(1) the number of prospective principals assessed;
(2) their assignment to the principalship;
(3) the potential of the assessment program for improving school
administration.
Beginning with the school year 1996-97, any person appointed as
a principal for any elementary school, secondary school, or
vocational center must be assessed for instructional leadership and
management capabilities by the Assessment Center of the South
Carolina Department of Education and a personal professional
development plan constructed on the basis of that assessment prior
to or within one year of the date such appointment is made. A
report of this assessment must be forwarded to the district
superintendent. The provisions of this section do not apply to any
persons currently employed as principals on the effective date of
the provisions of this paragraph nor to any persons hired as
principals before the beginning of school year 1996-97."
B. Section 59-24-30 of the 1976 Code is amended to read:
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"Section 59-24-30. All school superintendents and principals
must successfully participate every two years in at least one
seminar designed to provide training in improving administrative
skills and instructional leadership. This seminar must receive
prior approval by the State Board of Education.
All school administrators shall develop annually or update an
individual professional development plan which is appropriate for
their role or position. This plan shall support both their
individual growth and organizational needs. Organizational needs
must be defined by the districts' strategic plans or school renewal
plans. The Department of Education shall assist school
administrators in carrying out their professional development plans
by providing or brokering programs and services in the area of
professional development."
C. Funding authorized to be expended for assessments of prospective
principals and for administrator leadership seminars must be
expended for the new leadership assessment and for support of the
school administrator professional development planning.
SECTION 71
(School Crime Report Act) - DELETED
SECTION 72
TO AMEND SECTION 59-19-90 OF THE 1976 CODE, RELATING TO THE POWERS
AND DUTIES OF SCHOOL DISTRICT BOARDS OF TRUSTEES, SO AS TO
ELIMINATE THE REQUIREMENT THAT THE PROVISION OF SCHOOL CLASSROOMS
OR OTHER SPACE FOR SCHOOL-AGE CHILD CARE PROGRAMS OR FACILITIES BE
LIMITED TO NOT-FOR-PROFIT ORGANIZATIONS.
Section 59-19-90(11) of the 1976 Code is amended to read:
"(11) Provide school-age child care program or facilities
therefor. Provide:
(a) a school-age child care program for children aged five
through fourteen years that operates before or after the
school day, or both, and during periods when school is not
in session;
(b) a school-age child care program that operates during
periods when school is in session for students who are
enrolled in a half-day kindergarten program; or
(c) classrooms, other space, or both, in a school for use by
a an not-for-profit organization that is operating a
school-age child care program before or after the school
day, or both, and during periods when school is not in
session for children aged five through fourteen years.
All latchkey programs operating pursuant to this item must be
licensed."
II-66
SECTION 73
(The State Commission on Higher Education) - DELETED
SECTION 74
TO AMEND SECTION 59-104-220, AS AMENDED, OF THE 1976 CODE, RELATING
TO THE GOVERNOR'S PROFESSOR OF THE YEAR AWARD, SO AS TO PROVIDE FOR
TWO AWARDS, ONE TO BE GIVEN TO A PROFESSOR AT A SENIOR INSTITUTION
AND ONE TO BE GIVEN TO A SCHOOL AWARDING NO HIGHER THAN ASSOCIATE
DEGREES AND TO AUTHORIZE AWARDING UP TO TEN FINALISTS FIVE HUNDRED
DOLLARS EACH.
Section 59-104-220 of the 1976 Code, as last amended by an Act of
1996 bearing ratification number 368, is further amended to read:
"Section 59-104-220. The Governor's Professor of the Year Award
is established as follows:
(1) Each public or private institution of higher learning in
this State is eligible to nominate one faculty member for this
award who has demonstrated exceptional teaching performance.
(2) The Governor's office in conjunction with the Commission on
Higher Education shall establish a committee to choose the
Professor of the Year from a senior institution and a Professor of
the Year from an institution offering no degree above the
associate's degree. The committee must consist of representatives
of the Governor's office, the commission, and appropriate civic,
business, government, and academic organizations.
(3) The Each award must include a citation and a payment of five
thousand dollars. Up to ten finalists may be awarded five hundred
dollars each by the Commission on Higher Education. The Governor's
office shall host an appropriate ceremony at which the award awards
must be presented.
(4) The commission shall request annual state appropriations for
the award."
SECTION 75
TO AMEND SECTION 12-21-2420, AS AMENDED, OF THE 1976 CODE, RELATING
TO ADMISSIONS TAXES, SO AS TO CREATE AN EXEMPTION FOR AN ACCREDITED
COLLEGE OR UNIVERSITY FOR THE PRESENTATION OF PERFORMING ARTISTS.
Section 12-21-2420(4) of the 1976 Code, as last amended by Act 171
of 1991, is further amended to read:
"(4) On admissions charged by any eleemosynary and nonprofit
corporation or organization organized exclusively for religious,
charitable, scientific, or educational purposes; or the
presentation of performing artists by an accredited college or
II-67
university; provided, that the license tax herein levied and
assessed shall be collected and paid upon all paid admissions to
all athletic events of any institution of learning above the high
school level; provided, however, that carnivals, circuses, and
community fairs operated by eleemosynary or nonprofit corporations
or organizations organized exclusively for religious, charitable,
scientific, or educational purposes shall not be exempt from the
assessment and collection of admissions tax on charges for
admission for the use of or entrance to rides, places of amusement,
shows, exhibits, and other carnival facilities, but not to include
charges for general gate admissions except when the proceeds of any
such carnival, circus, or community fair are donated to a hospital;
provided, further, that no admission tax shall be charged or
collected by reason of any charge made to any member of a nonprofit
organization or corporation for the use of the facilities of the
organization or corporation of which he is a member."
SECTION 76
TO AMEND SECTION 53-5-10 OF THE 1976 CODE, RELATING TO LEGAL
HOLIDAYS AND THE AUTHORIZED NUMBER STATE EMPLOYEES MAY SELECT, SO
AS TO PROVIDE THAT THE HOLIDAY SCHEDULES OF PUBLIC COLLEGES AND
UNIVERSITIES, INCLUDING TECHNICAL COLLEGES, SHALL NOT VIOLATE THE
HOLIDAY PROVISIONS ABOVE SO LONG AS THE NUMBER OF HOLIDAYS PROVIDED
FOR IN THIS SECTION ARE NOT EXCEEDED.
Section 53-5-10 of the 1976 Code is amended to read:
"Section 53-5-10. The first day of January, the fifteenth day of
January, the nineteenth day of January, the third Monday in
February, the tenth day of May, the last Monday of May, the third
day of June, the Fourth day of July, the first Monday in September,
the eleventh day of November, National Thanksgiving Day and the day
after, and the twenty-fifth and twenty-sixth days of December in
each year are legal holidays.
State employees may select, prior to the first day of January,
in writing on a form provided by their employer, one of the
following nonnational holidays: Martin Luther King's birthday,
January 15; Robert E. Lee's birthday, January 19; Confederate
Memorial Day, May 10; or Jefferson Davis' birthday, June 3, or, in
the alternative, select a day of their choice.
All general election days are legal holidays in addition to the
above.
The holiday schedules of public colleges and universities,
including technical colleges, shall not be in violation of this
section so long as the number of holidays provided for in this
section are not exceeded."
SECTION 77
II-68
TO AMEND SECTION 17-5-220 OF THE 1976 CODE, RELATING TO THE
ESTABLISHMENT AND FUNCTIONS OF MEDICAL EXAMINER COMMISSIONS IN
CERTAIN COUNTIES, SO AS TO CLARIFY THAT CREATION OF A MEDICAL
EXAMINERS COMMISSION IS PERMISSIVE AND NOT MANDATORY.
A. Section 17-5-220 of the 1976 Code is amended to read:
"Section 17-5-220. There is created in all counties of the State
having A county with a population of one hundred thousand or more,
according to the last official United States census, may establish
by appropriate implementing resolution, a commission to be known as
the medical examiner commission of that county, composed of five
members, one of whom must be the chief administrative officer of
the county health department who is a permanent member, and four of
whom must be appointed by the Governor upon recommendation of the
county legislative delegation. The initial terms of the appointive
members are as follows: one member for a term of one year, one
member for a term of two years, one member for a term of three
years, and one member for a term of four years. After the initial
terms, all members shall serve for terms of four years. The
effective date of appointments is July first with terms expiring on
June thirtieth. The members shall serve without compensation. The
length of the terms of those who serve first must be determined by
lot at the first meeting of the commission.
The commission shall meet as soon as practicable after
appointment and shall organize itself by electing one of its
members as chairman and other officers as may be considered
necessary. After this first meeting, the commission shall meet at
least every six months and more often as its duties require upon
the call of the chairman or a majority of its members.
The commission is authorized to adopt and promulgate regulations
as it may consider necessary.
The creation of a medical examiner commission provided for in
this section is not effective until the county governing body
enacts an appropriate implementing resolution."
B. A commission member in office as of the effective date of this
section is allowed to continue serving until his current term
expires. As of the effective date of this section, a vacancy
caused by an expiration of a term or otherwise must be filled as
prescribed by the section.
C. This section takes effect upon approval by the Governor.
SECTION 78
(Exemptions From Ad Valorem Taxation for Paraplegic or Hemiplegic
Person) - DELETED
SECTION 79
II-69
TO AMEND SECTION 12-43-220, AS AMENDED, OF THE 1976 CODE, RELATING
TO THE CLASSIFICATION OF PROPERTY AND ASSESSMENT RATIOS FOR
PURPOSES OF PROPERTY TAX, SO AS TO PROVIDE THAT IN ORDER TO QUALIFY
FOR THE RESIDENTIAL OWNER OCCUPANT FOUR PERCENT RATIO FOR A
PROPERTY, THE TAXPAYER MUST OCCUPY THE RESIDENCE AS HIS LEGAL
RESIDENCE AND DOMICILE.
A. The second paragraph of Section 12-43-220(c) of the 1976 Code,
as added by Section 119G, Part II, Act 145 of 1995, is amended to
read:
"To qualify for this special assessment ratio, the
owner-occupant must have actually occupied the residence property
as his legal residence and been domiciled at that address, prior to
the date of application, for some period during the tax year and
remain an owner-occupant in that status at the time of
application."
B. This section takes effect upon approval by the Governor and
applies with respect to property tax years beginning after 1996.
SECTION 80
TO AMEND SECTION 14-1-208, AS AMENDED, OF THE 1976 CODE, RELATING
TO THE DISBURSEMENT OF MUNICIPAL COURT ASSESSMENTS FOR COMPLEX
CRIMINAL LITIGATION TO REDUCE THE THRESHOLD EXPENDITURE OF A COUNTY
BEFORE IT IS ELIGIBLE FOR REIMBURSEMENT FROM TWO HUNDRED FIFTY
THOUSAND DOLLARS TO ONE HUNDRED THOUSAND DOLLARS.
A. Section 14-1-208(C)(8) of the 1976 Code, as last amended by
Section 113, Act 145 of 1995, is further amended to read:
"(8) 1.0 percent to the Attorney General's Office for a fund to
provide support for counties involved in complex criminal
litigation. For the purposes of this item, `complex criminal
litigation' means criminal cases in which the State is seeking the
death penalty and has served notice as required by law upon the
defendant's counsel and the county involved has expended more than
two hundred fifty one hundred thousand dollars for a particular
case in direct support of operating the Court of General Sessions
and for prosecution related expenses. The Attorney General shall
develop guidelines for determining what expenses are reimbursable
from the fund and shall approve all disbursements from the fund.
Funds must be paid to a county for all expenditures authorized for
reimbursement under this item except for the first one hundred
thousand dollars the county expended in satisfying the requirements
for reimbursement from the fund; however, money disbursed from this
fund must be disbursed on a `first received, first paid' basis.
When revenue in the fund reaches five hundred thousand dollars, all
revenue in excess of five hundred thousand dollars must be credited
to the General Fund of the State. Unexpended revenue in the fund
II-70
at the end of the fiscal year carries over and may be expended in
the next fiscal year."
B. This section takes effect upon approval of the Governor.
SECTION 81
TO AMEND SECTION 1-11-720, AS AMENDED, OF THE 1976 CODE, RELATING
TO ENTITIES ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL
INSURANCE PLANS, SO AS TO ALLOW PARTICIPATION BY A RESIDENTIAL
GROUP CARE FACILITY PROVIDING ON-SITE TEACHING TO RESIDENTS IF THE
STAFF ARE CURRENTLY ENROLLED IN THE SOUTH CAROLINA RETIREMENT
SYSTEM AND IF IT PROVIDES AT NO COST EDUCATIONAL FACILITIES ON ITS
GROUNDS TO THE SCHOOL DISTRICT IN WHICH IT IS LOCATED.
Section 1-11-720(A) of the 1976 Code, as last amended by Section
42, Part II, Act 497 of 1994, is further amended to read:
"(A) In addition to the employees and retirees and their
eligible dependents covered under the state health and dental
insurance plans pursuant to Section 1-11-710, employees and
retirees and their eligible dependents of the following entities
are eligible for coverage under the state health and dental
insurance plans pursuant to the requirements of subsection (B):
(1) counties;
(2) regional tourism promotion commissions funded by the
Department of Parks, Recreation and Tourism;
(3) county mental retardation boards funded by the State
Mental Retardation Department;
(4) regional councils of government established pursuant to
Article 1, Chapter 7 of Title 6;
(5) regional transportation authorities established pursuant
to Chapter 25 of Title 58;
(6) alcohol and drug abuse planning agencies designated
pursuant to Section 61-5-320;
(7) special purpose districts created by act of the General
Assembly that provide gas, water, sewer, recreation, or hospital
service, or any combination of these services;
(8) municipalities.;
(9) county councils on aging or other governmental agencies
providing aging services funded by the Office of the Governor,
Division on Aging.;
(10) community action agencies that receive funding from the
Community Services Block Grant Program administered by the
Governor's Office, Division of Economic Opportunity.;
(11) a residential group care facility providing on-site
teaching for residents if the facility's staff are currently
members of the South Carolina Retirement System established
pursuant to Chapter 1, Title 9 and if it provides at no cost
educational facilities on its grounds to the school district in
which it is located."
II-71
SECTION 82
(Revise Fees for Common Carrier Passenger Vehicles) - DELETED
SECTION 83
(To Permit Certain Students to take the Education Entrance
Examination) - DELETED
SECTION 84
TO AMEND SECTION 12-37-220, AS AMENDED, OF THE 1976 CODE, RELATING
TO PROPERTY TAX EXEMPTIONS, SO AS TO SET THE VALUE ELIGIBLE FOR THE
EXEMPTION FOR MACHINERY AND EQUIPMENT IN GREIGE MILLS AND TO DEFINE
THE TERM "GREIGE MILL".
A. The General Assembly finds that the treatment of property in
greige mills for purposes of implementing the exemption for
pollution control equipment has been established by policy of the
former South Carolina Tax Commission and its successor the South
Carolina Department of Revenue and Taxation. Further, the General
Assembly finds that in 1994, the General Assembly intended to
codify the policy, however, the 1994 legislation, Act No. 497,
Section 100, was inaccurate in its description of the policy. It
is the intent of the General Assembly to enact this legislation to
correct the description of the policy and to clearly set forth in
the 1976 Code the policy of the South Carolina Department of
Revenue and Taxation relating to the pollution control exemption
for greige mills as it existed prior to the enactment of the 1994
legislation which inaccurately described the policy.
B. Section 12-37-220(A)(8) of the 1976 Code, as last amended by
Section 100A, Part II, Act 497 of 1994, is further amended to read:
"(8) all facilities or equipment of industrial plants which
are designed for the elimination, mitigation, prevention,
treatment, abatement, or control of water, air, or noise pollution,
both internal and external, required by the state or federal
government and used in the conduct of their business. At the
request of the Department of Revenue and Taxation the Department of
Health and Environmental Control shall investigate the property of
any manufacturer or company, eligible for the exemption to
determine the portion of the property that qualifies as pollution
control property. Upon investigation of the property, the
Department of Health and Environmental Control shall furnish the
Department of Revenue and Taxation with a detailed listing of the
property that qualifies as pollution control property. For
equipment that serves a dual purpose of production and pollution
control, the value eligible for the ad valorem exemption is the
II-72
difference in cost between this equipment and equipment of similar
production capacity or capability without the ability to control
pollution, except that the value eligible for the ad valorem
exemption for equipment that serves a dual purpose of production of
greige goods and pollution control is twenty percent of the cost of
the equipment. For the purposes of this item, twenty percent of
the cost of any piece of machinery and equipment placed in service
in a greige mill qualifies as internal air and noise pollution
control property and is exempt from property taxes. `Greige mill'
means all textile processes from opening through fabric formation
before dyeing and finishing;"
C. This section take effect upon approval by the Governor and
applies for property for tax years beginning after 1993.
SECTION 85
(Sales Tax Non Coin-operated Laundry, Dry-cleaning, Dyeing, and
Pressing Services) - DELETED
SECTION 86
TO PROVIDE THAT THE DEPARTMENT OF PEDIATRICS OF THE MEDICAL
UNIVERSITY OF SOUTH CAROLINA, THE UNIVERSITY PEDIATRICS OF THE
UNIVERSITY AFFILIATED PROGRAM OF THE UNIVERSITY OF SOUTH CAROLINA,
AND THE CHILDREN'S HOSPITAL OF THE GREENVILLE HOSPITAL SYSTEM ARE
AUTHORIZED AS AGENTS FOR THE STATE OF SOUTH CAROLINA TO FULFILL THE
ROLE OF REGIONAL TERTIARY LEVEL DEVELOPMENTAL EVALUATION CENTERS
AND TO PROVIDE FOR THE DEVELOPMENTAL SERVICES THESE ENTITIES SHALL
PROVIDE IN THIS REGARD.
A. The Department of Pediatrics of the Medical University of South
Carolina, the University Pediatrics of the University Affiliated
Program of the University of South Carolina, and the Children's
Hospital of the Greenville Hospital System, are each hereby
authorized, as agents of the State of South Carolina, to fulfill
the role of Regional Tertiary Level Developmental Evaluation
Centers providing comprehensive developmental assessment and
treatment services for children with developmental disabilities,
significant developmental delays, or behavioral or learning
disorders.
B. As developmental evaluation centers, the above named
institutions shall provide a seamless continuum of developmental
services, including medically necessary diagnostic and treatment
services for the purpose of correcting or ameliorating physical or
mental illnesses and conditions which, left untreated, would
negatively impact the health and quality of life of South
Carolina's children. Further, these centers shall work
collectively with the teaching, training, and research entities of
II-73
each institution, extending the state's efforts to prepare
professionals to work in the field of developmental medicine, while
lending expertise to the research efforts in this field.
C. The developmental evaluation centers shall be involved in
research, planning, and needs assessment of issues related to
developmental disabilities and shall be committed to develop a
regionalized system of community-based, family-centered care for
children with developmental and behavioral disabilities. In so
doing, the centers shall serve as primary points of entry for
developmental evaluation services and as regional coordinators for
the delivery of the services and are encouraged to affiliate with
other providers thus enhancing the availability of high quality
services for the children of South Carolina.
SECTION 87
TO AMEND THE 1976 CODE BY ADDING SECTION 58-17-4096 SO AS TO
PROHIBIT TRESPASSING UPON RAILROAD TRACKS AND TO PROVIDE PENALTIES
FOR VIOLATIONS.
The 1976 Code is amended by adding:
"Section 58-17-4096. (A) It is unlawful, without proper
authority, for a person to trespass upon railroad tracks.
(B) A person who violates this section is guilty of a
misdemeanor and, upon conviction, must be fined not more than two
hundred dollars or imprisoned not more than thirty days."
SECTION 88
TO REQUIRE THE CODE COMMISSIONER TO CHANGE ALL REFERENCES IN THE
ACTS AND JOINT RESOLUTIONS OR THE 1976 CODE FROM "DEPARTMENT OF
REVENUE AND TAXATION" TO "DEPARTMENT OF REVENUE".
Whenever the term "Department of Revenue and Taxation" appears
in the Acts and Joint Resolutions of the General Assembly or the
1976 Code of Laws of South Carolina, it shall mean the "Department
of Revenue." The Code Commissioner is directed to change all such
references at such time and in such manner as may be timely and
cost-effective.
SECTION 89
(Taxpayer May Claim an Exemption for Foster Child) - DELETED
SECTION 90
II-74
(ETV Private Contractor for Daycare) - DELETED
SECTION 91
(Special License Plate for a Mayor) - DELETED
SECTION 92
TO AMEND SECTIONS 12-27-1290 AND 12-28-2920, BOTH AS AMENDED, OF
THE 1976 CODE, RELATING TO THE ESTABLISHMENT AND CONSTRUCTION OF
TOLL ROADS, SO AS TO REVISE THE DISBURSEMENT OF FUNDS DERIVED FROM
TOLLS AND THE CONDITIONS UPON WHICH TOLL CHARGES SHALL CEASE; TO
AMEND SECTION 57-5-1320, AS AMENDED, RELATING TO TURNPIKE PROJECT
DEFINITIONS, SO AS TO REVISE CERTAIN DEFINITIONS AND TO DEFINE
GENERAL OBLIGATION BOND; TO AMEND SECTION 57-5-1360, RELATING TO
CERTAIN POWERS AND DUTIES OF THE STATE BUDGET AND CONTROL BOARD, SO
AS TO SUBSTITUTE "BONDS" FOR "FACILITY"; AND TO AMEND SECTION
57-5-1450, AS AMENDED, RELATING TO THE STATE BUDGET AND CONTROL
BOARD'S AUTHORITY TO ISSUE TURNPIKE BONDS AND THE TERMS AND
CONDITIONS OF THE BONDS, SO AS TO REVISE THE PROCESS OF ISSUING
TURNPIKE BONDS AND TO DELETE CERTAIN CONDITIONS THAT MAY BE
ATTACHED TO THE BONDS.
A. Section 12-27-1290 of the 1976 Code, as last amended by Act 181
of 1993, is further amended to read:
"Section 12-27-1290. The department must shall review projects
for the possibility of constructing toll roads to defray the cost
of these projects pursuant to the authority granted the department
in Section 57-5-1330. No project may be funded by means of
imposing a toll on the users of the project unless in conjunction
with federal funds authorized for use on toll roads it is
determined to be substantially feasible by the department. The
funds derived from tolls must be:
(1) returned credited to the State Highway Fund until the fund
is reimbursed or retained and applied by the entity or entities
developing the toll road pursuant to an agreement authorized under
Section 57-3-200 for the purpose of funding the cost of
construction, financing, operation, and maintenance of the toll
project; or
(2) used to service bonded indebtedness for highway
transportation purposes incurred pursuant to Paragraph 9, Section
13, Article X of the South Carolina Constitution.
Upon reimbursement repayment of the cost of construction and
financing, all toll charges shall cease."
B. Section 12-28-2920 of the 1976 Code, as added by Act 136 of
1995, is amended to read:
"Section 12-28-2920. The department shall review projects for
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the possibility of constructing toll roads to defray the cost of
these projects pursuant to the authority granted the department in
Section 57-5-1330. No project may be funded by means of imposing
a toll on the users of the project unless in conjunction with
federal funds authorized for use on toll roads it is determined to
be substantially feasible by the department. The funds derived
from tolls must be:
(1) returned credited to the State Highway Fund until the fund
is reimbursed or retained and applied by the entity or entities
developing the toll road pursuant to an agreement authorized under
Section 57-3-200 for the purpose of funding the cost of
construction, financing, operation, and maintenance of the toll
project; or
(2) used to service bonded indebtedness for highway
transportation purposes incurred pursuant to Paragraph 9, Section
13, Article X of the South Carolina Constitution.
Upon reimbursement repayment of the cost of construction and
financing, all toll charges shall cease."
C. Section 57-5-1320 of the 1976 Code, as last amended by Act 181
of 1993, is further amended to read:
"Section 57-5-1320. Unless the context indicates another
meaning or intent:
(1) `Department' means the Department of Transportation;
(2) `Turnpike facility' means any express highway or limited
access highway constructed under the provisions of this article by
the department, whether or not financed with turnpike bonds,
including any bridge, tunnel, overpass, underpass, interchange,
entrance plaza, approach, toll house, service station and
administration and storage and other buildings and facilities which
the department may deem considers necessary or desirable therefor.
A turnpike facility may constitute constitutes a portion or
extension of any existing or proposed highway in the state highway
system;
(3) `Bonds or turnpike bonds' means revenue bonds of the State
authorized under the provisions of this article and Paragraph (9),
Section 13, Article X of the South Carolina Constitution;
(4) `State board' means the State Budget and Control Board;
(5) `Turnpike facility revenues' means all revenues resulting
from tolls or other charges derived from the operation of a
turnpike facility, including revenues derived from concession
leases or other concessionaire operated facilities;
(6) `Bond resolution' means the resolution of the state board
making provision for the issuance of turnpike revenue bonds.;
(7) `General obligation bonds' means state highway bonds issued
pursuant to Paragraph (6)(a), Section 13, Article X of the South
Carolina Constitution."
D. Section 57-5-1360 of the 1976 Code is amended to read:
"Section 57-5-1360. Following the receipt of any a request
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pursuant to Section 57-5-1350, the state board shall review the
request and, to the extent that it approves the request, it may
effect, by resolution duly adopted, effect the issuance of turnpike
bonds, or pending the their issuance thereof, may effect the
issuance of bond anticipation notes pursuant to Title 11, Chapter
17. No A resolution approving any proposed turnpike facility
bonds may not be adopted unless prior thereto before approval the
state board shall conduct conducts, after not less than ten days'
published notice, a public hearing in the City of Columbia."
E. Section 57-5-1450 of the 1976 Code, as last amended by Act 181
of 1993, is further amended to read:
"Section 57-5-1450. (A) Following the approval of the proposed
project, The state board may, by resolution duly adopted, may make
provision for the issuance of turnpike bonds. In the resolution,
the state board may prescribe the following:
1. Whether the bonds are to be:
(a) revenue bonds payable solely from turnpike facility
revenues;
(b) general obligation bonds of the State; or
(c) [Deleted]
2.(1) the amount, denomination, and numbering of turnpike bonds
to be issued;
3.(2) the date as of which they must be issued;
4.(3) the maturity schedule for the retirement of the turnpike
bonds;
5.(4) the form or forms of the bonds of the particular issue;
6.(5) the redemption provisions, if any, applicable to the
bonds;
7.(6) the maximum rate or rates of interest the bonds shall
bear;
8.(7) the specific purposes for which the bonds must be issued;
9.(8) the purposes for which the proceeds of the bonds must be
expended, in the discretion of the state board, a portion of the
proceeds may be used as capitalized interest during the period of
construction and initial operation and for the creation of
appropriate debt service reserves;
10.(9) the method and conditions by which turnpike revenues
from the turnpike facility so financed must be collected and
utilized;
11.(10) the extent to which and the conditions under which
additional parity bonds may be issued;
12.(11) any covenant considered necessary protecting the
turnpike facility so financed from possible future competition from
other highways or comparable facilities;
13.(12) the method by which the bonds must be sold and such
other matters as may be considered necessary in order to effect the
sale, issuance, and delivery thereof of the bonds.
(B) Except as otherwise provided in this article, all expenses
incurred in carrying out the provisions of this article are payable
solely from funds provided under the authority of this article or
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from any funds provided by the federal government or from other
special sources and no liability or obligation may be incurred by
the department beyond the extent to which money has been provided
under the provisions of this article.
(C) The resolution shall further set forth further a finding on
the part of the state board that the estimate of turnpike facility
revenues made by the commission and approved by the state board
indicates that collection from turnpike revenues for applicable
fiscal years is not less than that required for annual debt service
requirements of the requested turnpike bonds."
F. This section takes effect upon approval by the Governor.
SECTION 93
(A Surcharge of Five Dollars from Taxpayer for Adjustments) -
DELETED
SECTION 94
(State-wide Referendum on the Question of Eliminating Ad Valorem
Taxes on Owner-occupied Residential Real Property) - DELETED
SECTION 95
(National Guard License Plates and Eliminate the Thirty Dollar
Biennial Fee) - DELETED
SECTION 96
(Authorize the Use of Parks and Recreation Fund Revenues in the
Repair and Restoration of Historic Theaters) - DELETED
SECTION 97
(Compensation for Members of the Board of Probation, Parole and
Pardon Services) - DELETED
SECTION 98
TO AMEND SECTION 8-11-640, AS AMENDED, OF THE 1976 CODE, RELATING
TO CREDIT FOR PRIOR STATE SERVICE IN COMPUTING BONUS LEAVE EARNINGS
AND OTHER RELATED MATTERS, SO AS TO INCREASE THE NUMBER OF YEARS
FOR WHICH CERTAIN EMPLOYEES SHALL RECEIVE CREDIT FOR PRIOR STATE
SERVICE FOR PURPOSES OF COMPUTING BONUS EARNINGS.
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Section 8-11-640 of the 1976 Code, as last amended by Act 523 of
1994, is further amended to read:
"Section 8-11-640. All employees of the State as of June 2,
1972, shall receive full credit for employment prior to such date.
Following the date of June 2, 1972, all employees who are rehired
following a break in service shall be given credit for prior state
service to a maximum of ten years for purposes of computing bonus
earnings. In the event an employee transfers from one state agency
to another, his annual leave balance shall also be transferred.
Any permanent employee of a state agency or department must be
given full state service credit for prior service as a certified
employee of a school district of this State for purposes of
computing bonus earnings and no credit under this paragraph may be
given for any out-of-state teaching service or other service with
an out-of-state school district."
SECTION 99
TO AMEND THE 1976 CODE BY ADDING SECTION 12-4-380 SO AS TO REQUIRE
THE DEPARTMENT OF REVENUE AND TAXATION ANNUALLY TO REPORT TO THE
GENERAL ASSEMBLY ON THE REVENUE IMPACT OF POLICY DOCUMENTS
PRESCRIBED, AMENDED, OR REVOKED IN THE MOST RECENTLY COMPLETED
FISCAL YEAR AND TO REQUIRE IN THE REPORT DETAIL ON TAX LIABILITIES
REDUCED BY ORDER OF THE DIRECTOR OF THE DEPARTMENT.
A. Article 3, Chapter 4, Title 12 of the 1976 Code is amended by
adding:
"Section 12-4-380. The department annually shall report to the
General Assembly on the revenue impact of policy documents
prescribed, amended, or revoked in the most recently completed
fiscal year and in the report shall provide detail on tax
liabilities reduced by order of the director."
B. This section is effective with respect to fiscal years beginning
after June 30, 1994.
SECTION 100
TO AMEND SECTION 61-3-440, AS AMENDED, OF THE 1976 CODE, RELATING
TO PROHIBITING ISSUING ALCOHOLIC BEVERAGE LICENSES WITHIN A CERTAIN
DISTANCE OF CHURCHES, SCHOOLS, OR PLAYGROUNDS, SO AS TO REVISE THE
EXEMPTIONS AND TO REQUIRE APPLICANTS TO PAY A FIVE DOLLAR
CERTIFICATION FEE TO DETERMINE IF THE EXEMPTION APPLIES.
Section 61-3-440 of the 1976 Code, as last amended by Section 1583
of Act 181 of 1993, is further amended to read:
"Section 61-3-440. (A) The department shall not grant or issue
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any license provided for in this chapter, Chapter 7, and Article 3
of Chapter 13, if the place of business is within three hundred
feet of any church, school, or playground situated within a
municipality or within five hundred feet of any church, school, or
playground situated outside of a municipality. Such distance shall
be computed by following the shortest route of ordinary pedestrian
or vehicular travel along the public thoroughfare from the nearest
point of the grounds in use as part of such church, school, or
playground, which, as used herein, shall be defined as follows:
(1) `Church', an establishment, other than a private dwelling,
where religious services are usually conducted;
(2) `School', an establishment, other than a private dwelling
where the usual processes of education are usually conducted; and
(3) `Playground', a place, other than grounds at a private
dwelling, which is provided by the public or members of a community
for recreation.
The above restrictions shall do not apply to the renewal of
licenses existing on July 10, 1960 or to locations then existing
and they do not apply to new applications for locations which are
licensed at the time the new application is filed with the
department.
(B) An applicant for license renewal or for a new license at an
existing location shall pay a five dollar certification fee to
determine if the exemptions provided for in subsection (A) apply."
SECTION 101
TO AMEND CHAPTER 9, TITLE 4 OF THE 1976 CODE, RELATING TO COUNTY
GOVERNMENT, BY ADDING SECTION 4-9-15 SO AS TO PROVIDE THAT A COUNTY
COUNCIL MAY, IN LIEU OF PROVIDING OFFICE SPACE AND APPROPRIATIONS
FOR THE OPERATION OF THE COUNTY LEGISLATIVE DELEGATION OFFICE AS
REQUIRED BY SECTION 3 OF ACT 283 OF 1975, MAKE DIRECT PAYMENTS TO
MEMBERS OF THE DELEGATION TO OFFSET EXPENSES INCURRED BY THE
MEMBERS ON BEHALF OF THE DELEGATION, AND TO PROVIDE THAT ALL
PAYMENTS REQUIRED TO BE MADE PURSUANT SECTION 3 OF ACT 283 OF 1975
AND PURSUANT TO THIS SECTION SHALL BE MADE FROM FUNDS DISTRIBUTED
TO THE COUNTY UNDER THE STATE AID SUBDIVISIONS ACT PURSUANT TO
SECTION 6-27-40.
A. Chapter 9, Title 4 of the 1976 Code is amended by adding:
"Section 4-9-15. (A) A county council may, in lieu of providing
office space and appropriations for the operation of the county
legislative delegation office as required by Section 3 of Act 283
of 1975, make direct payments to members of the delegation to
offset expenses incurred by the members on behalf of the
delegation. The amount of such payments shall not exceed a
reasonable amount necessary to provide the office and support as
referenced in Section 3 of Act 283 of 1975. Each member of the
delegation shall receive that proportion of the total payments made
which is equal to the proportion of the population of the county
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that the member represents.
(B) All payments required to be made pursuant to Section 3 of
Act 283 of 1975 and pursuant to subsection (A) of this section
shall be made from funds distributed to the county under the State
Aid to Subdivisions Act, pursuant to Section 6-27-40."
B. This section takes effect upon approval of the Governor.
SECTION 102
(Master Hair Care Specialist) - DELETED
SECTION 103
TO AMEND SECTION 44-93-170, AS AMENDED, OF THE 1976 CODE, RELATING
TO THE INFECTIOUS WASTE CONTINGENCY FUND, SO AS TO PROVIDE THAT
WHEN THE FUND EXCEEDS $350,000, FEES MUST BE DISTRIBUTED TO THE
COUNTY IN WHICH THE FEE WAS COLLECTED AND THAT WHEN THE AMOUNT IN
THE FUND REACHES $250,000 OR LESS, ALL FEES MUST GO TO THE FUND
UNTIL IT REACHES $350,000.
Section 44-93-170 of the 1976 Code, as last amended by Section 30C,
Part II, Act 497 of 1994, is further amended to read:
"Section 44-93-170. The department shall establish an
Infectious Waste Contingency Fund to ensure the availability of
funds for response actions necessary at permitted infectious waste
treatment facilities and necessary from accidents in the
transportation of infectious waste and to defray the cost of
governmental response actions associated with infectious waste.
After funding of the Infectious Waste Program Fund, as provided for
in Section 44-93-165, the Infectious Waste Contingency Fund must be
financed by the remaining fees imposed pursuant to Section
44-93-160. The fees credited to the Infectious Waste Contingency
Fund must be allocated as follows: an amount equal to two-thirds of
the fees must be deposited into the fund and an amount equal to
one-third of the fees must be held in a separate and distinct
account within the fund for the purpose of being returned to each
county in which the fee imposed by Section 44-93-160 is collected.
When the amount of fees held in the Infectious Waste Contingency
Fund meets or exceeds five million three hundred fifty thousand
dollars, two-thirds of all subsequent all fees to be credited to
the Infectious Waste Contingency Fund remaining after funding the
Infectious Waste Program Fund must be remitted to the Hazardous
Waste Contingency Fund established pursuant to Section 44-56-160(A)
to assist in defraying the costs of governmental response actions
at uncontrolled hazardous waste sites, with the remaining one-third
of all subsequent fees credited to the Infectious Waste Contingency
Fund continuing to be placed into a separate and distinct in the
account established for counties and distributed as provided for in
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this section. When the balance in the Infectious Waste Contingency
Fund reaches $250,000 or less, all fees remaining after funding the
Infectious Waste Program Fund must be retained by the contingency
fund until the fund reaches $350,000. Interest earned by the funds
must be credited to the general fund of the State. Proceeds of the
county account returned to a county pursuant to this section must
be released by the State Treasurer upon the written request of a
majority of the legislative delegation of the recipient county."
SECTION 104
(Crime Victims and Provisions of Restitution, Etc.) - DELETED
SECTION 105
TO AMEND CHAPTER 27, TITLE 26 OF THE 1976 CODE, RELATING TO THE
STATE AID TO SUBDIVISIONS ACT, BY ADDING SECTION 6-27-55 SO AS TO
PROVIDE THAT, FROM FUNDS DISTRIBUTED TO THE COUNTY PURSUANT TO
SECTION 6-27-40, A COUNTY SHALL PROVIDE FUNDS FOR ALL COUNTY
OFFICES OF STATE AGENCIES FOR WHICH THE COUNCIL IS REQUIRED TO
PROVIDE FUNDING BY STATE LAW.
A. Chapter 27, Title 6 of the 1976 Code is amended by adding:
"Section 6-27-55. From funds distributed to the county pursuant
to Section 6-27-40, a county council shall provide a reasonable
amount of funds for all county offices of state agencies for which
the council is required to provide funding by state law."
B. This section takes effect upon approval of the Governor.
END OF PART II
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Renumber sections to conform.
Amend totals and title to conform.
Make all necessary technical corrections.
_____________________________________
Senator John Drummond
_____________________________________
Senator J. Verne Smith
_____________________________________
Senator Ty Courtney
On Part of the Senate.
_____________________________________
Representative Henry E. Brown, Jr.
_____________________________________
Representative William D. Boan
_____________________________________
Representative Alfred B. Robinson, Jr.
On Part of the House