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Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
May 5, 2004
S. Printed 5/5/04--S.
Read the first time March 23, 2004.
To whom was referred a Bill (S. 1088) to enact the Proviso Codification Act of 2004, to provide for the codification in the South Carolina Code of Laws of certain provisos contained in the annual General Appropriations Act, and to, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/ SECTION 2. Section 8-11-40 of the 1976 Code is amended to read:
"Section 8-11-40. (A) All permanent full-time state employees are entitled to fifteen days sick leave a year with pay. Sick leave is earned by permanent full-time state employees at the rate of one and one-fourth days a month and may be accumulated, but no more than one hundred eighty days may be carried over from one calendar year to another. The department or agency head is authorized to grant additional sick leave in extenuating circumstances upon approval of the State Budget and Control Board. All permanent part-time and hourly employees are entitled to sick leave prorated on the basis of fifteen days a year subject to the same carry-over specified herein. In the event an employee transfers from one state agency to another, his sick leave balance also is transferred. The State Budget and Control Board, through the Division of Personnel, may promulgate those regulations in accordance with law as may be necessary to administer the provisions of this section, including the power to define the use of sick leave.
(B) Permanent full-time state employees who are temporarily disabled as a result of an assault by an inmate, patient, or client must be placed on administrative leave with pay by their employer rather than sick leave. The period of administrative leave per incident may not exceed one hundred eighty calendar days.
(C) Employees earning sick leave as provided in this section may use not more than
eight ten days of sick leave annually to care for ill members of their immediate families. For purposes of this section, the employee's `immediate family' means the employee's spouse and children and the following relations to the employee or the spouse of the employee: mother, father, brother, sister, grandparent, or legal guardian and grandchildren if the grandchild resides with the employee and the employee is the primary caretaker of the grandchild.
(D) A permanent full-time state employee who serves on active duty as a result of 'Operation Enduring Freedom', 'Operation Noble Eagle', or 'Operation Iraqi Freedom', or in a unit federalized for duty in connection with potential or actual service in Iraq or Afghanistan, or any combination of these duties, and who performs this duty may use up to ninety days of accumulated sick leave in a calendar year as if it were annual leave. The use of leave provided by this subsection is in addition to the leave provided in Section 8-11-610."
SECTION 3. Section 8-11-195 of the 1976 Code is amended to read:
(A) During a fiscal year when the Board of Economic Advisors officially estimates and the State Budget and Control Board formally certifies that revenues likely will result in a deficit in excess of the combined reserves in the Capital Reserve Fund and the General Fund Reserve, the board may authorize the furlough of employees of state agencies, institutions, or departments. However, a furlough only may be authorized by unanimous consent of the board and only as a last resort alternative to a reduction in force of state employees. Furloughs may be authorized for the time considered necessary by the board but may not exceed ten days in a fiscal year nor more than two days in a pay period. No furlough may be authorized before January fifteenth of the fiscal year in which the deficit is projected to occur.
(B) If the Budget and Control Board authorizes a furlough, to the extent practical it must be statewide in nature and inclusive of all employees regardless of source of funds, place of work, or tenure. The furlough must include employees in classified positions and unclassified positions as well as agency heads.
(C) Employees placed on furlough are on leave without pay status, without a break in service, with full continuation of all insurance benefits, and with continuing accumulation of sick and annual leave benefits.
(A) In a fiscal year in which the general funds appropriated for a state agency, institution, or department are less than the general funds appropriated for that state agency, institution, or department in the preceding fiscal year, or whenever the General Assembly or the Budget and Control Board implements an across-the-board budget reduction, agency heads may institute employee furlough programs of not more than ten working days in the fiscal year in which the deficit is projected to occur. The furlough must be inclusive of all employees in an agency or within a designated department or program regardless of source of funds or place of work. The furlough must include all classified and unclassified employees in the designated area. If the furlough includes the entire agency, the furlough must include the agency head. Scheduling of furlough days, or portions of days, shall be at the discretion of the agency head, but under no circumstances should the agency close completely. During this furlough, affected employees are entitled to participate in the same state benefits as otherwise available to them except for receiving their salaries. Institutions will be responsible for making both employer and employee contributions during the time of the furlough if coverage would otherwise be interrupted for those benefits which require employer and employee contributions, including, but not limited to, contributions to the South Carolina Retirement System or the optional retirement program. The employee remains solely responsible for making those contributions for benefits which require only employee contributions. Placement of an employee on furlough under this section does not constitute a grievance or appeal under the Sate Employee Grievance Procedure Act. In the event the reduction for the state agency, institution, or department is due solely to the General Assembly transferring or deleting a program, this section does not apply. The implementation of a furlough program authorized by this provision shall be on an agency-by-agency basis. Agencies may allocate the employee's reduction in pay over the balance of the fiscal year for payroll purposes regardless of the pay period within which the furlough occurs. The Budget and Control Board shall promulgate guidelines and policies, as necessary, to implement the provisions of this section. State agencies shall report information regarding furloughs to the Office of Human Resources of the Budget and Control Board.
(B) Notwithstanding subsection (A), in a fiscal year in which the general funds appropriated for an institution of higher education are less than the general funds appropriated for that institution in the preceding fiscal year, or whenever the General Assembly or the Budget and Control Board implements a midyear across-the-board budget reduction, agency heads for institutions of higher education and the State Board for Technical and Comprehensive Education, through policy and procedure for the Technical College System, may institute employee furlough programs of not more than twenty working days. The furlough must be inclusive of all employees regardless of source of funds, place of work, or tenure status, and must include employees in classified positions and unclassified positions as well as agency heads. The agency or individual institution may schedule furlough days in its discretion. During this furlough, affected employees are entitled to participate in the same state benefits as otherwise available to them except for receiving their salaries. Institutions will be responsible for making both employer and employee contributions during the time of the furlough if coverage would otherwise be interrupted for those benefits which require employer and employee contributions, including, but not limited to, contributions to the South Carolina Retirement System or the optional retirement program. The employee remains solely responsible for making those contributions for benefits which require only employee contributions. Placement of an employee on furlough under this provision does not constitute a grievance or appeal under the State Employee Grievance Act. In the event an institution's reduction is due solely to the General Assembly transferring or deleting a program, this subsection does not apply. The implementation of a furlough program authorized by this subsection shall be on an institution-by-institution basis."
SECTION 4. Section 8-11-610 of the 1976 Code is amended to read:
"Section 8-11-610. Any permanent full-time state employee is entitled to annual leave with pay, which is computed as follows:
For the first ten years of state service, he shall earn one and one-fourth working days' leave for each month of full-time employment a year. After ten years he shall earn a bonus of one and one-fourth working days' annual leave for each year of continuous service; however, the combined regular and bonus earnings shall not exceed thirty days in any one year. No employee is required to use all of his annual leave in any one year. Any unused annual leave may be accumulated, not to exceed forty-five days. Any employee of a department which allowed an accumulation in excess of forty-five days, who, as of June 2, 1972, had accumulated annual leave in excess of forty-five days may carry over and retain the excess leave which is the maximum amount the employee may carry over into future years. If the employee subsequently reduces the amount of the leave carried over, the reduced amount, if in excess of forty-five days, is the employee's maximum carry-over into future years. If the employee further reduces the amount of the leave carried over to forty-five days or less, forty-five days is the maximum amount of unused annual leave the employee may accumulate. It is at the discretion of the department heads to determine the maximum number of consecutive days any employee may have in any one period of leave. The total number of days of annual leave used in any one calendar year may not exceed thirty days. However, a permanent full-time state employee who serves on active duty as a result of 'Operation Enduring Freedom', 'Operation Noble Eagle', or 'Operation Iraqi Freedom', or in a unit federalized for duty in connection with potential or actual service in Iraq or Afghanistan, or any combination of these duties, and who performs such duty may use up to forty-five days of accumulated annual leave in a calendar year.
Provided, further, that instructional personnel at the South Carolina School for the Deaf and Blind whose positions are unclassified shall be entitled to receive annual leave in the same manner as state employees and to utilize annual leave only as specified in the annual contract. The annual contract shall enable such instructional personnel to utilize up to but no more than nine days annual leave per year over and above scheduled vacations, but no more than one day per month of annual leave without the supervisor's permission except in cases of illness or maternity leave when all available sick leave has been taken. Such employees shall be entitled to accumulate up to the maximum accumulation allowed state employees. These provisions shall not obligate the school to provide monetary compensation for unutilized days accumulated beyond the maximum allowed state employees."
SECTION 5. Section 8-17-370 of the 1976 Code is amended by adding appropriately numbered subsections to read:
"( ) employees of the Offices of the Lieutenant Governor, Secretary of State, State Treasurer, Attorney General, Comptroller General, Superintendent of Education, Adjutant General, and the Commissioner of Agriculture, who report directly to a constitutional officer or report directly to a person who reports directly to a constitutional officer;
( ) management employees of the Department of Alcohol and Other Drug Abuse Services, the Department of Commerce, the Department of Corrections, the Department of Health and Human Services, the Department of Insurance, the Department of Juvenile Justice, the Department of Labor, Licensing and Regulation, the Department of Parks, Recreation and Tourism, the Department of Probation, Parole and Pardon Services, the Department of Revenue, the Department of Social Services, the State Law Enforcement Division, and the Department of Public Safety, who report directly to the agency head or report directly to a person who reports directly to the agency head."
SECTION 6. Section 8-21-320 of the 1976 Code is amended to read:
"Section 8-21-320. There is assessed for every motion made in the court of common pleas and family court, not including motions made in family court juvenile delinquency proceedings, a fee of twenty-five dollars. The fee must accompany each motion filed. The Supreme Court has authority to issue administrative rules to exempt from the motion fee certain family court matters involving rules to show cause in child and spousal support matters. The Supreme Court may waive the filing fees imposed by this section upon a proper showing of indigency. The revenue from this fee must be collected by the clerk of court in each court and remitted to the State Treasurer and credited to
a separate judicial department support fund for the exclusive use of the judicial department the general fund."
SECTION 7. Chapter 21, Title 8 of the 1976 Code is amended by adding:
"Section 8-21-330. In addition to all other assessments and surcharges, a twenty-five dollar surcharge is also levied on all fines, forfeitures, escheatments, or other monetary penalties imposed by general sessions, magistrates, or municipal courts for misdemeanor traffic offenses or for any other violation of law. No portion of the surcharge may be waived, reduced, or suspended. The surcharge must be collected by the clerk of the court or other responsible official that heard or processed the case and forwarded to the State Treasurer within thirty days after receipt. The State Treasurer must credit all revenue collected pursuant to this section to the general fund."
SECTION 8. Section 11-7-20 of the 1976 Code is amended to read:
"Section 11-7-20. The State Auditor shall examine at least once
each year every three years the books, accounts, receipts, disbursements, vouchers, and records of all State officers state agencies, departments, commissions, and divisions charged with the receipt and expenditure of public funds and of all State state educational, charitable, and penal institutions for the support of which the State contributes by an appropriation or provision of law."
SECTION 9. A. Section 11-49-70 of the 1976 Code is amended by adding a new lettered subsection to read:
"( ) The authority may determine by resolution that some or all of the amounts on deposit in the Healthcare Tobacco Settlement Trust Fund established pursuant to Section 11-11-170, whether in the form of principal or interest, may be used to refund bonds issued pursuant to this chapter, to purchase these bonds directly or indirectly, or to secure bonds issued to refund these bonds. Any amount received by the authority pursuant to this subsection in excess of the amount required to refund or purchase bonds must be deposited directly with the Department of Health and Human Services for health care expenditures necessary to achieve the maximum Medicaid match."
SECTION 10. Section 20-7-7810(D) of the 1976 Code is amended to read:
"(D) When a child is adjudicated delinquent or convicted of a crime or has entered a plea of guilty or nolo contendere in a court authorized to commit to the custody of the Department of Juvenile Justice, the child may be committed for an indeterminate period until the child has reached age twenty-one or until sooner released by the Board of Juvenile Parole under its discretional powers or released by order of a judge of the Supreme Court or the circuit court of this State, rendered at chambers or otherwise, in a proceeding in the nature of an application for a writ of habeas corpus. A child committed to the Department of Juvenile Justice for a determinate period pursuant to Section 20-7-7810(F) may be released by the department prior to the expiration of the determinate period for good behavior. The amount and manner of awarding credit for good behavior shall be determined by the department. The court, in its discretion, may include language in the order indicating that the child is not to be released prior to the expiration of the determinate period ordered by the court. A juvenile who has not been paroled or otherwise released from the custody of the department by the juvenile's nineteenth birthday must be transferred to the custody and authority of the Youthful Offender Division of the Department of Corrections. If not sooner released by the Board of Juvenile Parole, the juvenile must be released by age twenty-one according to the provisions of the child's commitment; however, notwithstanding the above provision, any juvenile committed as an adult offender by order of the court of general sessions must be considered for parole or other release according to the laws pertaining to release of adult offenders."
SECTION 11. Section 36-9-525(a) of the 1976 Code is amended to read:
"(a) Except as otherwise provided in subsection (e), the fee for filing and indexing a record under this part, other than an initial financing statement of the kind described in subsection (b), is the amount specified in subsection (c), if applicable, plus:
(1) eight dollars if the record is communicated in writing and consists of one or two pages;
(2) ten dollars if the record is communicated in writing and consists of
more than two pages three pages and one dollar for each additional page after the third page; and
(3) ten dollars if the record is communicated by other medium authorized by filing-office rule."
SECTION 12. Section 46-13-45(1) of the 1976 Code is amended to read:
"(1) Basic. All pesticide products will be classified as basic pesticides, solely for determination of the annual registration fee. The classification will not affect a pesticide's state or federal classification as a general use pesticide or a restricted use pesticide. All registrants shall pay an annual basic registration fee of one hundred seventy-five dollars per product registered.
This fee must be used to support the general pesticide regulatory and education program."
SECTION 13. Section 57-3-150(A) of the 1976 Code is amended to read:
"(A) The Department of Transportation, under the terms and conditions it considers to be in the best interest of the public for safety on the highways, may issue multiple trip permits for the moving of over-dimensional or overweight nondivisible loads over specified state highways determined by the Department of Transportation.
The fee for the permit is fifty dollars, payable at the time of issuance, as long as a permit is purchased for each vehicle in the fleet, one hundred percent. The Department of Transportation may charge the following rates for Oversize and Overweight permits and licenses:
Single Trip $ 30.00
Excessive Width Over 16' $ 35.00
Excessive Width Over 18 $ 40.00
Excessive Width Over 20' $ 45.00
Excessive Width Over 22' $ 50.00
Multiple Trip (Annual) $ 100.00
House Moving License (Annual) $ 100.00
Superload Application (Non-Refundable) $ 100.00
Superload Engr Analysis Over 130,000 lbs. $ 100.00
Superload Engr Analysis Over 200,000 lbs. $ 200.00
Superload Engr Analysis Over 300,000 lbs. $ 350.00
Superload Impact Fee
/ Loads Over 130,000 lbs. $3.00/1000 lbs.
Admin. Fee for Prorating Active
Annual Permits $10.00.
A multiple trip permit is valid for one year from the date of issuance. To be valid, the original permit must be carried on the towing vehicle. It is unlawful for a person to violate a provision, term, or condition of the permit. The permit is subject at all times to inspection by a law enforcement officer or an authorized agent of the authority issuing the permit. A multiple trip permit is void one year from the date of issue or whenever the Department of Transportation is notified in writing that the permit has been lost, stolen, or destroyed."
SECTION 14. Section 59-18-1530 of the 1976 Code is amended to read:
"Section 59-18-1530. (A)
Teacher specialists on site must be assigned in any of the four core academic areas to a middle or high school in an impaired district or designated as below average or unsatisfactory, if the review team so recommends and recommendation is approved by the State Board of Education. Teacher specialists on site must be assigned at a rate of one teacher for each grade level with a maximum of five to elementary schools in impaired districts or designated as below average or unsatisfactory. The state board may assign teacher specialists, principal specialists, principal leaders, and curriculum specialists to a school designated as unsatisfactory or below average placed according to the needs and enrollment of the school as recommended by the external review team. Teacher specialists may be placed across grade levels and across core subject areas when placement meets program criteria based on external review team recommendations, need, number of teachers receiving support, and the certification and experience of the specialist. The average number of teacher specialists must not exceed five per school in each district. The Department of Education, in consultation with the Division of Accountability, shall develop a program for the identification, selection, and training of teachers with a history of exemplary student academic achievement to serve as teacher specialists on site. Retired educators may be considered for specialists.
(B) In order to sustain improvement and help implement the review team's recommendations, the specialists will teach and work with the school faculty on a regular basis throughout the school year
for up to three years, or as recommended by the review committee and approved by the state board. Teacher specialists are limited to three years' service at one school unless the specialist submits an application for extension that is approved by the state board and upon approval the specialist may receive the salary and supplement for two additional years. Teacher specialists must teach a minimum of three hours per day on average in team teaching or teaching classes. Teacher specialists shall not be assigned administrative duties or other responsibilities outside the scope of this section. The specialists will assist the school in gaining knowledge of best practices and well-validated alternatives, demonstrate effective teaching, act as coach for improving classroom practices, give support and training to identify needed changes in classroom instructional strategies based upon analyses of assessment data, and support teachers in acquiring new skills. Teacher specialists may be assigned to support classroom teachers in the areas of special education and limited English proficiency when warranted by the needs of the student population, recommended by the external review team, and approved by the state board. School districts are asked to cooperate in releasing employees for full-time or part-time employment as a teacher specialist.
(C) To encourage and recruit teachers for assignment to below standard and unsatisfactory schools, those assigned to such schools will receive their salary and a supplement equal to fifty percent of the current southeastern average teacher salary as projected by the State Budget and Control Board, Office of Research and Analysis. The salary and supplement is to be paid by the State for the initial three years and for two additional years if the state board approves a specialist's application for extension.
(D) In order to attract a pool of qualified applicants to work in low-performing schools, the Education Oversight Committee, in consultation with the Leadership Academy of the South Carolina Department of Education, shall develop criteria for the identification, selection, and training of principals with a history of exemplary student academic achievement. Retired educators may be considered for principal specialists. A principal specialist may be hired for a school designated as unsatisfactory, if the district board of trustees chooses to replace the principal of that school. The principal specialist will assist the school in gaining knowledge of best practices and well-validated alternatives in carrying out the recommendations of the review team. The specialist will demonstrate effective leadership for improving classroom practices, assist in the analyses of assessment data, work with individual members of the faculty emphasizing needed changes in classroom instructional strategies based upon analyses of assessment data, and support teachers in acquiring new skills designed to increase academic performance. School districts are asked to cooperate in releasing employees for full-time or part-time employment as a principal specialist.
(E) In order to attract a pool of qualified principals to work in low-performing schools, the principal specialists hired in such schools will receive their salary and a supplement equal to 1.25 times the supplement amount calculated for teachers. The salary and supplement are to be paid by the State for the initial two years. The State must pay the supplement for one additional year if a recommendation for an extension is made by the district board of trustees and the external review team and is approved by the state board. A principal specialist may work in a state of emergency district for up to four years.
(F) The supplements are to be considered part of the regular salary base for which retirement contributions are deductible by the South Carolina Retirement System pursuant to Section 9-1-1020. Principal and teacher specialists on site who are assigned to below average and unsatisfactory schools shall be allowed to return to employment with their previous district at the end of the initial contract period with the same teaching or administrative contract status as when they left but without assurance as to the school or supplemental position to which they may be assigned. Principal and teacher specialists who are extended past the initial contract period are not guaranteed reemployment with their previous district.
(G) For retired educators drawing benefits from the state retirement system who are serving in the capacity of principal or teacher specialist on site, the earnings limitations which restrict the amount of compensation that may be earned from covered employment while drawing benefits under the state retirement system do not apply to any compensation paid to them as an on-site specialist
not to exceed one year of such employment whether they are working directly for the school district or for some entity in this capacity. However, no further contributions may be made to the state retirement system related to this compensation and no additional retirement benefits or credits may be received or accrued.
(H) Within the parameters herein, the school district will have final determination on individuals who are assigned as teacher specialists and principal specialists."
SECTION 15. Section 61-4-500 of the 1976 Code is amended to read:
"Section 61-4-500. A person engaging in the business of selling beer, ale, porter, wine, or a beverage which has been declared to be nonalcoholic and nonintoxicating under Section 61-4-10 must apply to the department for a permit to sell these beverages. Each applicant must pay a filing fee of
two three hundred dollars which is not refundable. A retailer must pay to the department four six hundred dollars biennially for a retail permit, and a wholesale dealer must pay to the department two thousand two hundred dollars biennially for a wholesale permit. A separate permit is required for each separate place of business.
A person who initially applies for a permit after the first day of a permit period must pay permit fees in accordance with the schedule provided in Section 61-6-1810(C)."
SECTION 16. Section 17-3-70 of the 1976 Code is repealed.
SECTION 17. Title 2 of the 1976 Code is amended by adding:
Section 2-79-5. The General Assembly finds that the South Carolina Military Preparedness and Enhancement Act enacted pursuant to this chapter represents a proactive response to the presently evolving transformation of national defense strategies. It clearly conveys this state's intent to create a business climate that is favorable to defense installations and activities through legislation that assists in reducing base operating cost while enhancing military value. To realign existing infrastructure and generate cost savings necessary for these new defense strategies, the United States Department of Defense will undergo another round of base realignment and closure (BRAC) in 2005. Our military installations and defense related businesses are vital to the state's economy. The United States Department of Defense currently directly employs over fifty thousand people in South Carolina with an annual economic impact of approximately five billion dollars. It is evident that the General Assembly must develop programs to assist communities in adding military value to their local defense installations if South Carolina is to maintain its strong military heritage and presence and the South Carolina Military Preparedness and Enhancement Act constitutes one means to attain these multiple objectives.
Section 2-79-10. This chapter may be cited as the South Carolina Military Preparedness and Enhancement Act.
Section 2-79-20. As used in this chapter:
(1) 'Commission' means the South Carolina Military Preparedness and Enhancement Commission.
(2) 'Account' means the South Carolina Military Value Revolving Account established pursuant to Section 2-79-120.
(3) 'Board' means the State Budget and Control Board.
(4) 'Defense base' means a federally owned or operated military installation or facility that is presently functioning.
(5) 'Defense community' means a political subdivision, including a municipality, county, or special district, that is adjacent to, is near, or encompasses any part of a defense base.
Section 2-79-30. (A) There is established within the office of the Governor the South Carolina Military Preparedness and Enhancement Commission consisting of eleven members as follows:
(1) the Chairman of the Committee on Medical, Military, Public and Municipal Affairs of the House of Representatives or the chairman's designee, ex officio;
(2) the Chairman of the Senate General Committee, or the chairman's designee, ex officio;
(3) nine members appointed by the Governor for terms of six years ending on June 30 of the year the term expires and until their successors are appointed and qualify, except that of those first appointed, two shall serve terms of two years and two shall serve terms of four years, the terms to be noted in the appointments. To be eligible for appointment a person must have demonstrated experience in economic development, the defense industry, military installation operation, environmental issues, finance, land government, or the use of air space for future military missions. Members shall serve without compensation but may receive the mileage, subsistence, and per diem allowed by law for members of state boards, committees, and commissions, to be paid from approved accounts of the Governor's Office, House of Representatives, and Senate, as applicable. Vacancies must be filled in the manner of original appointment for the unexpired portion of the term.
Section 2-79-40. (A) The commission shall:
(1) advise the Governor and the General Assembly on military issues and economic and industrial development related to military issues;
(2) make recommendations regarding:
(a) the development of policies and plans to support the long-term viability and prosperity of the military, active and civilian, in this State, including promoting strategic regional alliances that may extend over state lines;
(b) the development of methods to improve private and public employment opportunities for former members of the military residing in this State; and
(c) the development of methods to assist defense-dependent communities in the design and execution of programs that enhance a community's relationship with military installations and defense-related businesses;
(3) develop and maintain a database of the names and public business information of all prime contractors and subcontractors operating in this State who perform defense-related work;
(4) provide information to communities, the General Assembly, the state's congressional delegation, and state agencies regarding federal actions affecting military installations and missions;
(5) serve as a clearinghouse for:
(a) defense economic adjustment and transition information and activities; and
(b) information about:
(i) issues related to the operating costs, missions, and strategic value of federal military installations located in the State;
(ii) employment issues for communities that depend on defense bases and in defense-related businesses;
(iii) defense strategies and incentive programs that other states are using to maintain, expand, and attract new defense contractors;
(6) provide assistance to communities that have experienced a defense-related closure or realignment;
(7) assist communities in the design and execution of programs that enhance a community's relationship with military installations and defense-related businesses, including regional alliances that may extend over state lines;
(8) assist communities in the retention and recruiting of defense-related businesses, including fostering strategic regional alliances that may extend over state lines;
(9) prepare a biennial strategic plan that:
(a) fosters the enhancement of military value of the contributions of South Carolina military installations to national defense strategies;
(b) considers all current and anticipated base realignment and closure criteria; and
(c) develops strategies to protect the state's existing military missions and positions the State to be competitive for new and expanded military missions; and
(10) encourage economic development in this State by fostering the development of industries related to defense affairs.
Section 2-79-50. With prior approval of the Governor, the commission may enter into an agreement with a consulting firm to provide information and assistance on a pending decision of the United States Department of Defense or other federal agency regarding the status of military installations and defense-related businesses located in this State.
Section 2-79-60. (A) Not later than July 1 of each year, the commission shall prepare and submit a report to the Governor and the General Assembly about the active military installations, communities that depend on military installations, and defense-related businesses in this State. The report must include:
(1) an economic impact statement describing in detail the effect of the military on the economy of this State;
(2) a statewide assessment of active military installations and current missions;
(3) a statewide strategy to attract new military missions and defense-related business and include specific actions that add military value to existing military installations;
(4) a list of state and federal activities that have significant impact on active military installations and current missions;
(5) a statement identifying:
(a) the state and federal programs and services that assist communities impacted by military base closures or realignments and the efforts to coordinate those programs; and
(b) the efforts to coordinate state agency programs and services that assist communities in retaining active military installations and current missions;
(6) an evaluation of initiatives to retain existing defense-related businesses; and
(7) a list of agencies with regulations, policies, programs, or services that impact the operating costs or strategic value of federal military installations and activities in the State.
(B) State agencies shall cooperate with and assist the commission in the preparation of the report required pursuant to subsection (A), including providing information about regulations, policies, programs, and services that may impact communities dependent on military installations, defense-related businesses, and the viability of existing South Carolina military missions.
(C) The commission shall coordinate annual meetings with the head of each state agency or member of the General Assembly whose district contains an active, closed, or realigned military installation to discuss the implementation of the recommendations outlined in the report required pursuant to subsection (A).
Section 2-79-70. When a commander of a military installation receives a copy of the evaluation criteria for the base under the United States Department of Defense base realignment or closure process, the base commander may request that the commission coordinate assistance from other state agencies to assist the commander in preparing the evaluation. If the commission asks a state agency for assistance pursuant to this section, the state agency shall make the provision of that assistance a top priority.
Section 2-79-80. (A) A defense community may submit to the commission the community military value enhancement statement prepared pursuant to Section 2-79-150.
(B) On receiving a defense community's military value enhancement statement, the commission shall analyze the projects included in the statement using the criteria it has developed. The commission shall develop project analysis criteria based on the criteria the United States Department of Defense uses for evaluating military facilities in the department's base realignment and closure process.
(C) The commission shall determine whether each project identified in the defense community's military value enhancement statement will enhance the military value of the military facility. The commission shall assist the community in prioritizing the projects that enhance the military value of a military facility, giving the highest priority to projects that add the most military value under the commission's project analysis criteria.
(D) The commission shall refer the defense community to the appropriate state agency that has an existing program to provide financing for each project identified in the community's military value enhancement statement that adds military value to a military facility. If there is no existing program to finance a project, the commission may provide a loan of financial assistance to the defense community for the project.
Section 2-79-90. (A) The commission may provide a loan of financial assistance to a defense community for a project that will enhance the military value of a military facility located in, near, or adjacent to the defense community. The loan must be made from the South Carolina Military Value Revolving Loan Account established pursuant to Section 2-79-120.
(B) On receiving an application for a loan pursuant to this section, the commission shall confirm that the project adds military value to the military facility.
(C) If the commission determines that a project will enhance the military value of the military facility, the commission shall, in accordance with the criteria adopted by the commission pursuant to Section 2-79-100:
(1) analyze the creditworthiness of the defense community to determine the defense community's ability to repay the loan; and
(2) evaluate the feasibility of the project to be financed to ensure that the defense community has pledged a source of revenue or taxes sufficient to repay the loan for the project.
(D) If the commission determines that the funds will be used to enhance the military value of the military facility based on the base realignment and closure criteria and that the project is financially feasible, the commission may award a loan to the defense community for the project. The commission shall enter into a written agreement with a defense community that is awarded a loan. The agreement must contain the terms and conditions of the loan, including the loan repayment requirements.
(E) The commission may provide a loan only for a project that is included in the political subdivision's statement pursuant to Section 2-79-140, or to prepare a comprehensive defense installation and community strategic impact plan pursuant to Section 2-79-150.
(F) A project financed with a loan pursuant to this section must be completed on or before the fifth anniversary of the date the loan is awarded.
(G) The amount of a loan pursuant to this section may not exceed the total cost of the project.
Section 2-79-100. (A) The commission shall adopt policies, in consultation with the board, which contain the criteria for evaluating the credit of a loan applicant and the financial feasibility of a project. The commission shall also adopt a loan application form. The application form may include:
(1) the name of the defense community and its principal officers;
(2) the total cost of the project;
(3) the amount of state financial assistance requested;
(4) the plan for repaying the loan; and
(5) any other information the commission requires to perform its duties and to protect the public interest.
(B) The commission may not accept an application for a loan from the loan account unless the application is submitted in affidavit form by the officials of the defense community. The board shall prescribe the affidavit form.
Section 2-79-110. (A) A defense community in this State may borrow money from the State, including by direct loan, based on the credit of the defense community to finance a project included in the community's military value enhancement statement.
(B) A defense community may enter into a loan agreement with the State to provide financing for a project. The defense community may pledge the taxes of the community or provide any other guarantee for the loan.
(C) Money borrowed must be segregated from other funds under the control of the defense community and may only be used for purposes related to a specific project.
(D) The authority granted by this section does not affect the ability of a defense community to incur debt using other statutorily authorized methods.
Section 2-79-120. (A) The South Carolina Military Value Revolving Loan Account is established as the State Treasury separate and distinct from the general fund of the State and all other funds. The account may be funded by such appropriations as the General Assembly may provide, proceeds of state general obligation bonds issued pursuant to Chapter 79, Title 2, the South Carolina Military Value Enhancement Bond Act, gifts, and grants. Earnings on the account must remain in the account and be used for the purpose for which the account was established. Balances in the account carry forward in the account to succeeding fiscal years.
(B) The account may be used only for loans made pursuant to this chapter. The commission shall deposit to the credit of the account all loan payments made by a political subdivision for a loan pursuant to Section 2-79-90. The loan payments must be used to reimburse the account to fund subsequent loans.
Section 2-79-130. The commission may solicit and accept gifts and grants from any source for the purposes of this chapter.
Section 2-79-140. (A) A defense community that applies for financial assistance from the account shall prepare, in consultation with the authorities from each defense base associated with the community, a defense base military value enhancement statement that illustrates specific ways the funds will enhance the military value of the installations and must include the following information for each project:
(1) the purpose for which financial assistance is requested, including a description of the project;
(2) the source of other funds for the project;
(3) a statement on how the project will enhance the military value of the installation;
(4) whether the defense community has coordinated the project with authorities of the military installation and whether any approval has been obtained from those authorities;
(5) whether any portion of the project is to occur on the military installation;
(6) whether the project will have any negative impact on the natural or cultural environment;
(7) a description of any known negative factors arising from the project that will affect the community or the military installation; and
(8) a description of how the project will address future base realignment or closure.
(B) The commission may require a defense community to provide any additional information the commission requires to evaluate the community's request for financial assistance pursuant to this section.
(C) Two or more defense communities near the same defense base that apply for financial assistance from the account may prepare a joint statement.
(D) A copy of the defense base military value enhancement statement must be distributed to the authorities of each defense base included in the statement and the commission.
(E) This section does not prohibit a defense community that is not applying for financial assistance from preparing a defense base military value enhancement statement pursuant to this section.
Section 2-79-150. (A) A defense community may request financial assistance from the account to prepare a comprehensive defense installation and community strategic impact plan that states the defense community's long-range goals and development proposals relating to the following purposes:
(1) controlling negative effects of future growth of the defense community on the defense base and minimizing encroachment on military exercises or training activities connected to the base;
(2) enhancing the military value of the defense base while reducing operating costs; and
(3) identifying which, if any, property and services in a region can be shared by the defense base and the defense community.
(B) The comprehensive defense installation and community strategic impact plan must include, if appropriate, maps, diagrams, and text to support its proposals and must include the following elements as they relate to each defense base included in the plan:
(1) a land use element that identifies:
(a) proposed distribution, location, and extent of land uses such as housing, business, industry, agriculture, recreation, public buildings and grounds, and other categories of public and private land uses as those uses may impact the defense base; and
(b) existing and proposed regulations of land uses, including zoning, annexation, or planning regulations as those regulations may impact the defense base;
(2) a transportation element that identifies the location and extent of existing and proposed freeways, streets, and roads and other modes of transportation;
(3) a population growth element that identifies past and anticipated population trends;
(4) a water resources element that:
(a) addresses currently available surface water and groundwater supplies; and
(b) addresses future growth projections and ways in which the water supply needs of the defense community and the defense base can be adequately served by the existing resources, or if such a need is anticipated, plans for securing additional water supplies;
(5) a conservation element that describes methods for conservation, development, and use of natural resources, including land, forests, soils, rivers and other waters, wildlife, and other natural resources;
(6) an open-space area element that includes:
(a) a list of existing open-space land areas;
(b) an analysis of the defense base's forecasted needs for open-space areas to conduct its military training activities; and
(c) suggested strategies under which land on which some level of development has occurred can make a transition to an open-space area, if needed;
(7) a restricted airspace element that creates buffer zones, if needed, between the defense base and the defense community; and
(8) a military training route element that identifies existing routes and proposes plans for additional routes, if needed.
(C) Two or more defense communities near the same defense base may prepare a joint plan.
Section 2-79-160. If a defense community determines that an ordinance, rule, or plan proposed by the community may impact a defense base or the military exercise or training activities connected to the base, the defense community shall seek comments and analysis from the defense base authorities concerning the compatibility of the proposed ordinance, rule, or plan with base operations. The defense community shall consider and analyze the comments and analysis before making a final determination relating to the proposed ordinance, rule, or plan.
Section 2-79-170. Any unused or underused state property may be sold or leased, or an easement over the property may be granted, to the United States for the use and benefit of the United States armed forces if the State Budget and Control Board and the commission, after consultation with appropriate military authorities, determine that the sale, lease, or easement would materially assist the military in accomplishing its mission. A sale, lease, or easement pursuant to this section must be at market value.
Section 2-79-180. Effective July 1, 2004, public utilities whose rates are regulated by South Carolina must provide a twenty percent discount from the rates otherwise applicable to rates charged a defense base. Public utilities changing a substantially equal discounted rate, as determined by the South Carolina Public Service Commission, for a defense base as of June 30, 2004, are exempt from this requirement and a public utility where the discount required pursuant to this section equals more than one percent of its annual gross utility revenues is also exempt from this requirement. Notwithstanding any other provision of law, a public utility required to provide the discount provided by this section may recover the revenue not collected by imposing a surcharge on all other customers in its service area. An otherwise exempt public utility offering the discount provided pursuant to this section may similarly recover the revenue not collected by means of this surcharge."
SECTION 18. Title 11 of the 1976 Code is amended by adding:
Section 11-53-10. This chapter may be cited as the South Carolina Military Value Enhancement Bond Act.
Section 11-53-20. The General Assembly finds it in the public interest that the value of military facilities situated in this State is enhanced in order to secure both the nation's national security needs and the economic well being of the citizens of this State who are directly employed by the United States Department of Defense and the additional many thousands of South Carolinians whose livelihoods are linked to military facilities. In enacting the South Carolina Military Preparedness and Enhancement Act, the General Assembly has provided a means for local communities to take positive steps to enhance the value of a military facility by means of loans from the South Carolina Military Value Revolving Loan Account. The bonds authorized pursuant to this chapter are the primary means the General Assembly has determined to provide the necessary initial funding of this account.
Section 11-53-30. As used in this chapter:
(1) 'Military value enhancement bonds' or 'bonds' mean general obligation bonds issued by this State pursuant to the provisions of this chapter.
(2) 'Revolving loan account' means the South Carolina Military Value Revolving Loan Account established pursuant to Section 2-79-120.
Section 11-53-40. In order to fund the revolving loan account there must be issued from time to time military value enhancement bonds under the conditions prescribed by this chapter.
Section 11-53-50. The maximum principal amount of bonds that may be issued pursuant to this chapter may not exceed twenty-five million dollars except that this limitation does not apply to any bonds issued for the purpose of refunding prior issues of such bonds. The authority to issue bonds under this chapter expires four years from the effective date of this chapter. The four-year limitation, however, does not apply to bonds issued to retire bond anticipation notes.
Section 11-53-60. Before the issuance of military value enhancement bonds, the Joint Bond Review Committee and the State Budget and Control Board must be provided with the following:
(1) a description of each military value enhancement project for which general obligation debt is requested to be issued;
(2) the total cost of each military value enhancement project and the principal amount of general obligation debt requested to be issued;
(3) a tentative time schedule setting forth the period of time during which the proceeds of the general obligation debt requested to be issued will be expended;
(4) a debt service schedule showing the annual principal and interest requirements, at a projected current rate of interest, on the requested general obligation debt;
(5) the total amount of the general obligation debt issued pursuant to this chapter; and
(6) a debt service schedule showing the principal and interest requirements for the general obligation debt outstanding and the proposed general obligation debt at a projected current rate of interest.
Section 11-53-70. Following the receipt of the information presented pursuant to Section 11-53-60, and after approval by the Joint Bond Review Committee, the State Budget and Control Board, by resolution duly adopted, shall effect the issuance of general obligation debt, or pending the issuance of the general obligation debt, effect the issuance of general obligation debt anticipation notes pursuant to Chapter 17 of this title.
Section 11-53-80. To issue military value enhancement bonds, the State Budget and Control Board shall adopt a resolution providing for the issuance of military value enhancement bonds pursuant to the provisions of this chapter. The authorizing resolution must include:
(1) schedules setting forth the aggregate of all general obligation debt of the State (excluding highway bonds, state institution bonds, tax anticipation notes, and bond anticipation notes) together with certificates of the State Treasurer and State Auditor evidencing compliance with the provisions of paragraph 6(c) of Section 13 of Article X of the South Carolina Constitution;
(2) a schedule showing the aggregate of military value enhancement bonds issued, the annual payments required to retire the state school facilities bonds, the interest thereon, and the amount of any special funds applicable to the retirement of the outstanding military value bonds;
(3) the amount of military value enhancement bonds to be issued; and
(4) a schedule showing future annual principal requirements and estimated annual interest requirements on the military value enhancement bonds to be issued.
Section 11-53-90. The military value enhancement bonds must bear the date and mature at the time that the resolution provides, except that no bond may mature more than thirty years from its date of issue. The bonds may be in the denominations, be payable in the medium of payment, be payable at the place and at the time, and be subject to redemption or repurchase and contain other provisions determined by the State Budget and Control Board before their issuance. The bonds may bear interest payable at the times and at the rates as determined by the State Budget and Control Board.
Section 11-53-100. All military value enhancement bonds issued under this chapter are exempt from taxation as provided in Section 12-2-50.
Section 11-53-110. All military value enhancement bonds issued under this chapter must be signed by the Governor and the State Treasurer. The Governor and the State Treasurer may sign these obligations by a facsimile of their signatures. The Great Seal of the State must be affixed to, impressed on, or reproduced upon each of them and each must be attested by the Secretary of State. The delivery of the bonds executed and authenticated is valid notwithstanding changes in officers or seal occurring after the execution or authentication.
Section 11-53-120. For the payment of the principal and interest on all military value enhancement bonds issued and outstanding pursuant to this chapter there is pledged the full faith, credit, and taxing power of the State of South Carolina, and in accordance with the provisions of paragraph (4) of Section 13 of Article X of the South Carolina Constitution, the General Assembly hereby allocates on an annual basis sufficient tax revenues to provide for the punctual payment of the principal and interest on the debt authorized by this chapter.
Section 11-53-130. Military value enhancement bonds must be sold by the Governor and the State Treasurer upon sealed proposals, after publication of notice of the sale one or more times at least seven days before the sale, in a financial paper published in New York City which regularly publishes notices of sale of state or municipal bonds. The bonds may be awarded only to the lowest interest cost bidder, but the right is reserved to reject all bids and to readvertise the bonds for sale. For the purpose of bringing about successful sales of the bonds, the State Budget and Control Board may do all things ordinarily and customarily done in connection with the sale of state or municipal bonds. All expenses incident to the sale of the bonds must be paid from the proceeds of the sale of the bonds.
Section 11-53-140. The proceeds of the sale of military value enhancement bonds must be received by the State Treasurer and credited to the revolving loan account to be used for the purposes provided pursuant to Chapter 79, Title 2, except that the accrued interest, if any, must be used to discharge in part the first interest to become due on the bonds, and the premium, if any, must be used to discharge the payment of the first installment of principal to become due on the bonds, but the purchasers of such bonds are in no way liable for the proper application of the proceeds to the purposes for which they are intended.
Section 11-53-150. It is lawful for all executors, administrators, guardians, and other fiduciaries to invest any monies in their hands in bonds issued pursuant to this chapter."
Renumber sections to conform.
Amend title to conform.
Majority favorable. Minority unfavorable.
HUGH K. LEATHERMAN, SR. GLENN G. REESE
For Majority. For Minority.
TO ENACT THE PROVISO CODIFICATION ACT OF 2004, TO PROVIDE FOR THE CODIFICATION IN THE SOUTH CAROLINA CODE OF LAWS OF CERTAIN PROVISOS CONTAINED IN THE ANNUAL GENERAL APPROPRIATIONS ACT, AND TO PROVIDE FOR OTHER PROVISIONS RELATED TO THE ANNUAL GENERAL APPROPRIATIONS ACT EFFECTIVE FOR FISCAL YEAR 2004-2005 ONLY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the Proviso Codification Act of 2004. It is the intent of the General Assembly through this act to provide for the codification in the South Carolina Code of Laws of certain provisos contained in the annual General Appropriations Act and to provide for other provisions related to the annual General Appropriations Act that are effective for fiscal year 2004-2005 only.
SECTION 3. This act takes effect July 1, 2004.
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