H*3044 Session 109 (1991-1992)
H*3044(Rat #0637, Act #0501 of 1992) General Bill, By P.B. Harris,
D.C. Waldrop and L.S. Whipper
General Appropriations Bill.-short title
12/12/90 House Prefiled
12/12/90 House Referred to Committee on Medical, Military,
Public and Municipal Affairs
01/08/91 House Introduced and read first time HJ-50
01/08/91 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-50
01/23/91 House Committee report: Favorable Medical, Military,
Public and Municipal Affairs HJ-2
01/29/91 House Read second time HJ-11
01/30/91 House Read third time and sent to Senate HJ-21
02/05/91 Senate Introduced and read first time SJ-16
02/05/91 Senate Referred to Committee on Finance SJ-16
03/26/92 Senate Committee report: Favorable with amendment
Finance SJ-30
03/30/92 Senate Amended SJ-20
03/30/92 Senate Read second time SJ-37
03/30/92 Senate Ordered to third reading with notice of amendments
03/30/92 Senate Further consideration delayed until Wed. SJ-37
04/01/92 Senate Amended SJ-17
04/01/92 Senate Debate interrupted SJ-40
04/02/92 Senate Amended SJ-11
04/02/92 Senate Debate interrupted SJ-53
04/06/92 Senate Amended SJ-27
04/06/92 Senate Debate interrupted SJ-36
04/07/92 Senate Amended SJ-10
04/07/92 Senate Debate interrupted SJ-74
04/08/92 Senate Amended SJ-60
04/08/92 Senate Read third time and returned to House with
amendments SJ-87
04/14/92 House Senate amendment amended HJ-5
04/14/92 House Returned to Senate with amendments HJ-6
04/15/92 Senate Non-concurrence in House amendment SJ-15
04/16/92 House House insists upon amendment and conference
committee appointed Reps. Reps. Boan, Rogers &
McAbee HJ-4
04/16/92 Senate Conference committee appointed Sens. Drummond,
Verne Smith, Setzler SJ-6
06/02/92 Senate Free conference powers granted SJ-19
06/02/92 Senate Free conference committee appointed Sens.
Drummond, V. Smith, Setzler SJ-19
06/02/92 House Free conference powers granted HJ-82
06/02/92 House Free conference committee appointed Boan, Rogers
& McAbee HJ-84
06/04/92 Senate Free conference report received and adopted SJ-161
06/04/92 House Free conference report received and adopted HJ-55
06/04/92 Ratified R 637
06/16/92 Certain items vetoed by Governor
06/29/92 Attorney General's ruling that vetoes stand until Jan.
06/29/92 Act No. 501
06/29/92 See act for exception to or explanation of
effective date
08/17/92 Copies available
No. 501
(R637, H3044)
AN ACT TO MAKE APPROPRIATIONS TO MEET THE ORDINARY
EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR
BEGINNING JULY 1, 1992, AND FOR OTHER PURPOSES; TO
REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER
PROVIDE FOR THE OPERATION OF STATE GOVERNMENT
DURING THE FISCAL YEAR; TO APPROPRIATE FUNDS
ALLOTTED TO THE STATE GOVERNMENT UNDER THE PUBLIC
WORKS EMPLOYMENT ACT OF 1976 (FEDERAL); TO AMEND
SECTIONS 12-33-210 AND 12-33-220, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO TAXES ON LICENSES GRANTED
UNDER THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO
PROVIDE FOR BIENNIAL LICENSES AND REVISE THE LICENSE
TAXES; TO AMEND SECTION 61-3-610, RELATING TO
ALCOHOLIC BEVERAGE CONTROL COMMISSION LICENSES TO
PURCHASE ALCOHOLIC BEVERAGES FOR COOKING, SO AS TO
REVISE THE LICENSE FEE AND CHANGE THE REFERENCES TO
ANNUAL TO BIENNIAL; TO AMEND SECTIONS 61-3-710 AND
61-5-70, RELATING TO EXPIRATION OF LICENSES ISSUED BY
THE COMMISSION, SO AS TO REVISE THE EXPIRATION DATES
AND THE LICENSING PERIOD AND CHANGE THE REFERENCES
TO ANNUAL TO BIENNIAL; TO AMEND SECTION 61-5-80,
RELATING TO LICENSE FEES, SO AS TO REVISE THE FEES AND
THE LICENSING PERIOD; TO AMEND SECTION 61-7-80,
RELATING TO REGISTRATION OF PRODUCERS, SECTION 61-7-90,
RELATING TO REGISTRATION OF BRANDS OF ALCOHOLIC
LIQUORS, SECTION 61-7-110, RELATING TO THE REGISTRATION
OF PRODUCER REPRESENTATIVES, SECTION 61-7-130,
RELATING TO LICENSING OF PRODUCERS' WAREHOUSES, AND
SECTION 61-9-220, RELATING TO PRODUCERS' CERTIFICATES
OF REGISTRATION, SO AS TO REVISE THE FEES AND THE
LICENSING PERIOD; TO AMEND SECTION 61-9-310, RELATING
TO EXPIRATION OF PERMITS ISSUED BY THE COMMISSION, SO
AS TO REVISE THE PERMIT FEES, EXPIRATION DATES, AND
PERMITTING PERIOD; AND TO AMEND SECTION 61-9-1220,
RELATING TO PERMITS FOR BREWERIES AND WINERIES, SO AS
TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL AND
LICENSE TO PERMIT AND REVISE THE FEES AND THE
PERMITTING PERIOD; TO AMEND THE 1976 CODE BY ADDING
SECTION 33-55-45 SO AS TO PROVIDE FOR THE BIENNIAL
LICENSING AND REGISTRATION OF CHARITABLE
ORGANIZATIONS BY THE SECRETARY OF STATE; TO AMEND
THE 1976 CODE BY ADDING SECTION 35-1-485 SO AS TO
PROVIDE FOR THE BIENNIAL LICENSING AND REGISTRATION
OF BROKER-DEALERS, AGENTS, AND INVESTMENT ADVISERS
BY THE SECRETARY OF STATE; TO AMEND THE 1976 CODE BY
ADDING SECTION 39-57-55 SO AS TO PROVIDE FOR THE
BIENNIAL LICENSING AND REGISTRATION OF BUSINESS
OPPORTUNITY SELLERS; TO AMEND THE 1976 CODE BY
ADDING SECTION 41-25-35 SO AS TO PROVIDE FOR THE
BIENNIAL LICENSING AND REGISTRATION OF PRIVATE
PERSONNEL PLACEMENT SERVICE BUSINESSES; TO AMEND
SECTION 33-55-40, RELATING TO THE REGISTRATION OF
CHARITABLE ORGANIZATIONS, SO AS TO REVISE THE
REGISTRATION PERIOD AND FEE AND CHANGE THE
REFERENCES TO ANNUAL TO BIENNIAL; TO AMEND SECTION
35-1-430 AND SECTION 35-1-480, AS AMENDED, RELATING TO
THE REGISTRATION OF BROKER-DEALERS, AGENTS, AND
INVESTMENT ADVISERS, SO AS TO REVISE THE REGISTRATION
PERIOD AND FEE; TO AMEND SECTION 39-57-50, AS AMENDED,
RELATING TO THE REGISTRATION OF BUSINESS OPPORTUNITY
SELLERS, SO AS TO CHANGE THE REFERENCE TO ANNUAL TO
BIENNIAL AND REVISE THE REGISTRATION FEE; AND TO
AMEND SECTION 41-25-30, AS AMENDED, RELATING TO THE
LICENSING OF PRIVATE PERSONNEL PLACEMENT SERVICE
BUSINESSES, SO AS TO REVISE THE LICENSE FEE AND
LICENSING PERIOD AND CHANGE THE REFERENCE TO
ANNUAL TO BIENNIAL; TO AMEND THE 1976 CODE BY ADDING
SECTION 12-21-2719 SO AS TO REQUIRE THE TAX COMMISSION
TO CONVERT COIN-OPERATED DEVICE LICENSES TO A
BIENNIAL LICENSING PERIOD; TO AMEND SECTION 12-21-2720,
AS AMENDED, RELATING TO THE LICENSE TAX ON
COIN-OPERATED DEVICES OR MACHINES, SO AS TO REVISE
THE LICENSING PERIOD AND TAX, DELETE THE EXEMPTION
FOR BATTING MACHINES ON WHICH AN ADMISSIONS TAX IS
IMPOSED, AND PROVIDE AN EXEMPTION FOR CERTAIN
MACHINES IF AN ADMISSIONS TAX IS IMPOSED; TO AMEND
SECTION 12-21-2722, RELATING TO TEMPORARY LICENSES FOR
COIN-OPERATED DEVICES, SO AS TO REVISE THE LICENSING
PERIOD AND CHANGE THE REFERENCE TO ANNUAL TO
BIENNIAL; TO AMEND SECTION 12-21-2728, RELATING TO AN
OPERATOR'S LICENSE FOR COIN-OPERATED DEVICES, AND
SECTION 12-21-2730, RELATING TO AN OPERATOR'S LICENSE
FOR CERTAIN GAME TABLES, SO AS TO PROVIDE FOR
BIENNIAL LICENSING AND REVISE THE LICENSE TAX; TO
AMEND SECTION 12-21-2734, AS AMENDED, RELATING TO
LICENSES TO ENGAGE IN THE BUSINESS OF COIN-OPERATED
DEVICES, SO AS TO REVISE THE LICENSING PERIOD AND
DELETE THE PROVISIONS FOR A SIX-MONTH LICENSE; TO
AMEND SECTION 12-31-220, AS AMENDED, RELATING TO
TEMPORARY PERMITS FOR MOTOR CARRIERS, AND SECTION
12-31-250, AS AMENDED, RELATING TO REGISTRATION CARDS,
MARKERS, AND FEES FOR MOTOR CARRIERS, SO AS TO REVISE
THE REGISTRATION PERIOD AND FEES AND CHANGE THE
REFERENCES TO ANNUAL TO BIENNIAL; TO AMEND SECTION
12-31-260, RELATING TO THE TERM OF REGISTRATION CARDS
AND MARKERS, SO AS TO REVISE THE TERM AND PROVIDE
FOR BIENNIAL CARDS AND MARKERS; AND TO REPEAL
SECTION 3 C(2), PART II, ACT 170 OF 1987, RELATING TO
COIN-OPERATED LICENSE RENEWALS AND PURCHASES; TO
AMEND THE 1976 CODE BY ADDING SECTION 38-3-240 SO AS TO
REQUIRE THE INSURANCE COMMISSION TO CONVERT ITS
ANNUAL LICENSES TO A BIENNIAL LICENSING PERIOD; TO
AMEND SECTION 38-7-10, RELATING TO THE LICENSE FEES FOR
INSURERS, SO AS TO REVISE THE FEES AND THE LICENSING
PERIOD AND CHANGE THE REFERENCES TO ANNUAL TO
BIENNIAL; TO AMEND SECTION 38-5-60, RELATING TO THE
QUALIFICATIONS TO BECOME AN APPROVED REINSURER, SO
AS TO PROVIDE FOR BIENNIAL INSTEAD OF ANNUAL FEES; TO
AMEND SECTION 38-7-120, RELATING TO PAYMENTS AND
REFUNDS OF INSURANCE FEES AND TAXES, SO AS TO CHANGE
THE REFERENCE TO ANNUAL TO BIENNIAL; TO AMEND
SECTION 38-17-160, RELATING TO CERTIFICATES OF
AUTHORITY, AND SECTION 38-37-710, RELATING TO
FRATERNAL BENEFIT ASSOCIATIONS, SO AS TO REVISE THE
LICENSING PERIODS AND FEES; TO AMEND SECTION 38-43-70,
RELATING TO NONRESIDENT INSURANCE AGENTS, OFFICERS,
AND EMPLOYEES, SO AS TO CHANGE THE REFERENCE TO
ANNUAL TO BIENNIAL; TO AMEND SECTION 38-43-80,
RELATING TO LICENSE FEES FOR INSURANCE AGENTS, SO AS
TO CHANGE THE REFERENCE TO ANNUAL TO BIENNIAL,
REVISE THE FEES, AND DELETE THE AUTHORIZATION FOR
SEMIANNUAL LICENSES; TO AMEND SECTION 38-43-110,
RELATING TO THE DURATION OF AN AGENT'S LICENSE, SO AS
TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL; TO
AMEND SECTION 38-45-20, AS AMENDED, RELATING TO THE
REQUIREMENTS FOR LICENSURE AS AN INSURANCE BROKER,
AND SECTION 38-45-30, AS AMENDED, RELATING TO THE
REQUIREMENTS FOR LICENSURE OF A NONRESIDENT AS AN
INSURANCE BROKER, SO AS TO CHANGE THE REFERENCES TO
ANNUAL TO BIENNIAL AND REVISE THE LICENSE FEES; TO
AMEND SECTION 38-45-50, RELATING TO THE DURATION OF A
BROKER'S LICENSE AND NONPAYMENT OF THE LICENSE FEE,
SO AS TO CHANGE THE REFERENCES TO ANNUAL TO
BIENNIAL; TO AMEND SECTION 38-47-30, RELATING TO THE
FEE FOR AN INSURANCE ADJUSTER'S LICENSE, SO AS TO
REVISE THE FEE; TO AMEND SECTION 38-47-40, RELATING TO
THE DURATION OF AN ADJUSTER'S LICENSE AND
NONPAYMENT OF THE LICENSE FEE, SO AS TO CHANGE THE
REFERENCES TO ANNUAL TO BIENNIAL; TO AMEND SECTION
38-49-20, RELATING TO LICENSES FOR MOTOR VEHICLE
PHYSICAL DAMAGE APPRAISERS, SO AS TO PROVIDE FOR A
BIENNIAL LICENSE AND REVISE THE LICENSE FEE; TO AMEND
SECTION 38-49-30, RELATING TO CANCELLATION OF LICENSES
FOR MOTOR VEHICLE PHYSICAL DAMAGE APPRAISERS, SO AS
TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL; AND
TO AMEND SECTION 38-70-50, RELATING TO PRIVATE REVIEW
AGENTS, SO AS TO REVISE THE REGISTRATION FEE AND
PERIOD; TO AMEND SECTION 11-9-820, OF THE 1976 CODE,
RELATING TO THE BOARD OF ECONOMIC ADVISORS, SO AS TO
REVISE THE MEMBERSHIP OF THE BOARD; TO AMEND THE
1976 CODE BY ADDING SECTION 11-9-825 SO AS TO PROVIDE
FOR THE SUPPLEMENTAL ASSISTANCE TO THE FULL-TIME
STAFF OF THE BOARD; TO AMEND SECTION 11-9-840,
RELATING TO CERTAIN PROCEDURES OF THE BOARD
INCLUDING ITS MEETING DATES, SO AS TO REVISE THE
MEETING DATES; TO AMEND SECTION 11-9-880, RELATING TO
THE FORECAST OF ECONOMIC CONDITIONS BY THE BOARD, SO
AS TO REVISE THE MANNER IN WHICH THE BOARD MONITORS
AND REVIEWS THE FLOW OF REVENUE FOR THE CURRENT
FISCAL YEAR IN COMPARISON TO THE CURRENT YEAR'S
FORECAST; AND TO AMEND THE 1976 CODE BY ADDING
SECTION 1-11-23 SO AS TO PROVIDE THAT VACANCIES IN THE
POSITION OF DIRECTOR OF THE BUDGET DIVISION OF THE
STATE BUDGET AND CONTROL BOARD MUST BE FILLED BY
APPOINTMENT OF THE BUDGET AND CONTROL BOARD; TO
AMEND THE 1976 CODE BY ADDING CHAPTER 52 IN TITLE 48,
RELATING TO ENVIRONMENTAL PROTECTION AND
CONSERVATION, SO AS TO ESTABLISH THE STATE ENERGY
OFFICE WITHIN THE DIVISION OF GENERAL SERVICES OF THE
STATE BUDGET AND CONTROL BOARD, TO PROVIDE THAT
PERSONNEL AND FUNDING FOR THIS OFFICE MUST BE
DERIVED FROM EXISTING STATE GOVERNMENT PERSONNEL
AND FINANCIAL RESOURCES AVAILABLE TO THE STATE, AND
TO ESTABLISH THE ENERGY ADVISORY COMMITTEE AND
PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES; TO
AMEND SECTION 48-23-100 OF THE 1976 CODE, RELATING TO
THE SEEDLING PROGRAM OF THE STATE COMMISSION OF
FORESTRY, SO AS TO AUTHORIZE THE REFUND OF DEPOSITS
FOR SEEDLING ORDERS AND THE PURCHASE AND RESALE OF
SEEDLINGS WHEN DEMAND EXCEEDS SUPPLY, AND TO
REQUIRE THAT REVENUE RECEIVED FROM RESALE AND
DISTRIBUTION OF SEEDLINGS MUST BE RETAINED IN A
SEEDLING PURCHASE REVOLVING FUND AND EXPENDED
ONLY FOR THAT PURPOSE; TO AMEND SECTION 44-56-160, AS
AMENDED, OF THE 1976 CODE, RELATING TO THE HAZARDOUS
WASTE CONTINGENCY FUND, SO AS TO PROVIDE FOR THE
DISTRIBUTION OF FEES CREDITED TO THE FUND AND TO
REQUIRE CERTAIN INTEREST ACCRUED ON THE FUND TO BE
CREDITED TO THE GENERAL FUND; TO AMEND THE 1976 CODE
BY ADDING SECTION 44-56-163 SO AS TO PROVIDE FOR THE
PINEWOOD HAZARDOUS WASTE CONTINGENCY FUND AND
THE PINEWOOD DEVELOPMENT FUND; TO AMEND SECTION
44-56-165, RELATING TO HAZARDOUS WASTE REDUCTION AND
MINIMIZATION ACTIVITIES, SO AS TO CONFORM THE FUNDING
OF THESE ACTIVITIES TO OTHER PROVISIONS OF THIS
SECTION; TO AMEND SECTION 44-56-170, AS AMENDED,
RELATING TO HAZARDOUS WASTE FEES, SO AS TO INCREASE
IN-STATE FEES FROM TWENTY-FIVE DOLLARS TO
THIRTY-FOUR DOLLARS A TON, TO INCREASE OUT-OF-STATE
FEES FROM THIRTY DOLLARS TO THIRTY-FOUR DOLLARS A
TON, AND TO PROVIDE A TEN DOLLAR A TON FEE ON THE
INCINERATION OF HAZARDOUS WASTE; TO AMEND THE 1976
CODE BY ADDING SECTION 44-56-175 SO AS TO PROVIDE FOR
THE DISTRIBUTION OF FEES FOR THE DISPOSAL OF
HAZARDOUS WASTE AND NONHAZARDOUS WASTE AND TO
PROVIDE THAT FEES FOR HAZARDOUS WASTE INCINERATION
MUST BE CREDITED TO THE GENERAL FUND; TO AMEND
SECTION 44-56-510, RELATING TO FEES FOR DISPOSING OF
NONHAZARDOUS WASTE AT A HAZARDOUS WASTE SITE, SO
AS TO INCREASE IN-STATE FEES FROM FIVE DOLLARS TO
THIRTEEN DOLLARS AND SEVENTY CENTS A TON AND
OUT-OF-STATE FEES FROM SEVEN DOLLARS TO THIRTEEN
DOLLARS AND SEVENTY CENTS A TON; AND TO AMEND
SECTION 44-56-810, RELATING TO THE HAZARDOUS WASTE
MANAGEMENT RESEARCH FUND, SO AS TO CONFORM THE
FINANCING OF THIS FUND TO OTHER PROVISIONS OF THIS
ACT; TO AMEND SECTION 12-23-810 OF THE 1976 CODE, AS
AMENDED, RELATING TO THE TAX ON LICENSED HOSPITALS,
SO AS TO REVISE THE IMPOSITION FORMULA OF THE TAX; TO
AMEND SECTION 44-93-170, AS AMENDED, OF THE 1976 CODE,
RELATING TO THE INFECTIOUS WASTE CONTINGENCY FUND,
SO AS TO PROVIDE THAT THE INTEREST EARNED BY THE
FUND BE CREDITED TO THE GENERAL FUND; TO AMEND THE
1976 CODE BY ADDING SECTION 11-3-230 SO AS TO ALLOW
PROFESSIONAL AND OCCUPATIONAL LICENSING AGENCIES
(POLA'S) TO ESTABLISH SPECIAL COMPTROLLER GENERAL
ACCOUNTS FOR THE CREDITING OF TEST FEES RECEIVED IN
EXCESS OF AMOUNTS APPROPRIATED TO THESE AGENCIES
FOR TEST EXPENSES, TO PROVIDE THAT FUNDS CREDITED TO
THESE ACCOUNTS MAY BE USED ONLY TO PAY TEST
EXPENSES, TO REQUIRE ACCOUNT BALANCES AT THE END OF
A FISCAL YEAR TO BE REMITTED TO THE GENERAL FUND OF
THE STATE, AND TO PROVIDE THE PROCEDURES FOR
ESTABLISHING AND EXPENDING FUNDS FROM THESE
ACCOUNTS; TO AMEND THE 1976 CODE BY ADDING SECTION
58-19-155, SO AS TO REQUIRE THE SOUTH CAROLINA PUBLIC
RAILWAYS COMMISSION TO REMIT ONE HUNDRED FIFTY
THOUSAND DOLLARS EACH FISCAL YEAR TO THE STATE
TREASURER FOR DEPOSIT TO THE CREDIT OF THE GENERAL
FUND OF THE STATE; TO AMEND THE 1976 CODE BY ADDING
SECTION 40-59-145 SO AS TO EXEMPT FROM THE LICENSING
AND OTHER REGULATORY REQUIREMENTS OF THE SOUTH
CAROLINA RESIDENTIAL BUILDERS COMMISSION PUBLIC
SCHOOL STUDENTS AND INSTRUCTORS WHOSE CONTRACTING
WORK IS PART OF A VOCATIONAL COURSE CURRICULUM; TO
AMEND THE 1976 CODE BY ADDING SECTION 12-36-2645 SO AS
TO IMPOSE THE SALES AND USE TAX ON GROSS PROCEEDS
ACCRUING OR PROCEEDING FROM THE BUSINESS OF
PROVIDING 900\976 TELEPHONE SERVICE, TO PROVIDE THAT
THE APPLICABLE RATE OF THE TAX IS TEN PERCENT, AND TO
CREDIT ALL OF THE PROCEEDS OF THE TAX TO THE GENERAL
FUND OF THE STATE; TO AMEND THE 1976 CODE BY ADDING
SECTION 11-9-85 SO AS TO DIRECT THE COMPTROLLER
GENERAL TO ACCRUE VARIOUS TAX AND FEE REVENUES FOR
ACCOUNTING PURPOSES AND TO AMEND SECTIONS 12-21-1050
AND 12-33-450, RELATING TO THE PAYMENT OF BEER AND
WINE AND ALCOHOLIC LIQUORS TAXES, SO AS TO DELETE
THE REQUIREMENT FOR PAYING ESTIMATED TAXES FOR EACH
JUNE; TO AMEND THE 1976 CODE BY ADDING SECTION
59-101-360, SO AS TO PROVIDE THAT SALES TAX REVENUES
FROM CATALOG SALES WHICH EXCEED REVENUES FROM
SUCH SALES IN FISCAL YEAR 1991-92 MUST BE CREDITED TO
A SEPARATE FUND STYLED THE HIGHER EDUCATION SALES
TAX FUND, TO PROVIDE FOR THE MANNER IN WHICH THESE
REVENUES MUST BE USED IN THE FISCAL YEAR 1992-93 AND
THEREAFTER, AND TO PROVIDE THAT FUND REVENUES MAY
NOT BE USED TO SUPPLANT OTHER APPROPRIATIONS FOR
HIGHER EDUCATION; TO AMEND SECTION 12-36-2610 OF THE
1976 CODE, RELATING TO THE DISCOUNT ALLOWED FOR
TIMELY PAYMENT OF SALES AND USE TAX, SO AS TO REDUCE
FROM TEN THOUSAND DOLLARS TO THREE THOUSAND
DOLLARS THE TOTAL AMOUNT OF THE DISCOUNT PERMITTED
A TAXPAYER IN ANY ONE STATE FISCAL YEAR; AND TO
REPEAL SECTION 12-36-2600, RELATING TO THE PAYMENT OF
ESTIMATED SALES TAX AND THE PENALTY FOR FAILURE TO
MAKE THE APPROPRIATE ESTIMATED PAYMENT; TO AMEND
SECTION 12-27-1260 OF THE 1976 CODE, RELATING TO THE
CREDITING OF ADDITIONAL TAXES TO THE STRATEGIC
HIGHWAY PLAN FOR IMPROVING MOBILITY AND SAFETY
FUND, SO AS TO DELETE THE PROVISION FOR EARNINGS ON
INVESTMENTS FROM THE FUND TO BE DEPOSITED IN THE
FUND; TO AMEND THE 1976 CODE BY ADDING SECTION
12-27-1295 SO AS TO AUTHORIZE REVENUES CREDITED TO THE
STRATEGIC HIGHWAY PLAN FOR IMPROVING MOBILITY AND
SAFETY FUND (SHIMS) TO BE USED TO MATCH FEDERAL
HIGHWAY FUNDS WHEN FEDERAL MATCHING FUNDS WOULD
OTHERWISE BE LOST BECAUSE OTHER FUNDS OF THE
DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION,
AVAILABLE TO MATCH FEDERAL FUNDS, EXCLUDING "C"
FUNDS, ARE EXHAUSTED AND TO PROVIDE THAT SHIMS
REVENUES NOT REQUIRED TO MATCH FEDERAL HIGHWAY
FUNDS MUST BE EXPENDED ON SHIMS PROJECTS THAT ARE
INELIGIBLE TO RECEIVE FEDERAL FUNDS; TO AMEND ARTICLE
1, CHAPTER 11, TITLE 57, RELATING TO FINANCES OF THE
DEPARTMENT, SO AS TO PROVIDE THAT THE DEPARTMENT
MUST PROCESS ALL VOUCHERS FOR THE PAYMENT OF GOODS,
SERVICES, AND PERSONNEL SERVICES THROUGH THE OFFICE
OF THE COMPTROLLER GENERAL; TO AMEND SECTION
11-35-45(B), RELATING TO THE DEPARTMENT'S LUMP SUM
STATUS, SO AS TO ELIMINATE THE DEPARTMENT'S LUMP SUM
STATUS; TO AMEND SECTION 57-3-450, RELATING TO THE
SECRETARY-TREASURER OF THE SOUTH CAROLINA
DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION,
SO AS TO RENAME THE POSITION AND TO PROVIDE FOR
APPOINTMENT BY THE EXECUTIVE DIRECTOR; TO AMEND
SECTION 57-3-470, RELATING TO THE STATE HIGHWAY
ENGINEER, SO AS TO RENAME THE POSITION AND TO PROVIDE
FOR THE APPOINTMENT BY THE EXECUTIVE DIRECTOR OF
THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND
PUBLIC TRANSPORTATION; TO AMEND SECTION 57-3-760,
RELATING TO THE ANNUAL REPORT, SO AS TO PROVIDE THAT
ADDITIONAL INFORMATION BE INCLUDED; AND TO REPEAL
SECTIONS 57-11-30, 57-11-40, 57-11-50, 57-11-60, AND 57-11-70
RELATING TO FINANCES OF THE DEPARTMENT EFFECTIVE
JULY 1, 1993; TO AMEND THE 1976 CODE BY ADDING SECTION
1-11-450 SO AS TO REQUIRE ALL STATE AGENCIES AND
INSTITUTIONS TO PARTICIPATE IN THE STATE BUDGET AND
CONTROL BOARD SUGGESTION AWARDS PROGRAM; TO
AMEND SECTIONS 44-2-20, 44-2-40, AS AMENDED, 44-2-60, AS
AMENDED, 44-2-70, AS AMENDED, 44-2-90, AS AMENDED,
44-2-110, AS AMENDED, 44-2-120, AND 44-2-130, AS AMENDED,
RELATING TO THE STATE UNDERGROUND PETROLEUM
ENVIRONMENTAL RESPONSE BANK ACT, SO AS TO REVISE AND
ADD CERTAIN DEFINITIONS, ESTABLISH A SECOND FUND
ENTITLED THE "SUPERB FINANCIAL RESPONSIBILITY FUND"
TO BE USED FOR COMPENSATING THIRD PARTY CLAIMS, TO
PROVIDE THAT COSTS WHICH MAY BE REIMBURSED OR PAID
FROM THE FIRST FUND ENTITLED THE SUPERB ACCOUNT
INCLUDE THOSE THAT ARE USUAL, CUSTOMARY, AND
REASONABLE, TO PERMIT PERSONS TO OBTAIN A
DETERMINATION OF ELIGIBILITY FROM THE DEPARTMENT OF
HEALTH AND ENVIRONMENTAL CONTROL TO UTILIZE THE
SUPERB ACCOUNT, TO ALLOW INTEREST TO BE PAID FROM
THE SUPERB ACCOUNT FOR OVERDUE PAYMENTS FOR
REMEDIAL WORK PERFORMED, TO FURTHER PROVIDE FOR
THE FEES WHICH ARE AUTHORIZED TO BE IMPOSED AND FOR
THE USE AND DISTRIBUTION OF THESE FEES, AND TO EXTEND
THE EXPIRATION DATE OF THE GENERAL GRACE PERIOD OF
THE EARLY DETECTION INCENTIVE PROGRAM TO JUNE 30,
1993; TO AMEND SECTIONS 50-21-160 AND 50-23-220 OF THE 1976
CODE, RELATING TO THE DISPOSITION OF FEES AND FINES
FOR WATERCRAFT VIOLATIONS AND WATERCRAFT AND
OUTBOARD MOTOR TITLE FEES, SO AS TO PERMIT THE FEES
ALLOWED TO BE RETAINED BY THE SOUTH CAROLINA
WILDLIFE AND MARINE RESOURCES DEPARTMENT TO BE
USED FOR ALL DEPARTMENTAL PURPOSES; TO AMEND
SECTION 8-11-135 OF THE 1976 CODE, RELATING TO
AUTHORITY OF A STATE AGENCY TO PAY CERTAIN EMPLOYEE
MOVING EXPENSES, SO AS TO DELETE THE REQUIREMENT
THAT THE PAYMENT AMOUNT MUST BE APPROVED BY THE
STATE BUDGET AND CONTROL BOARD AND TO REQUIRE THE
STATE AUDITOR IN THE REGULAR AGENCY AUDIT TO
DETERMINE COMPLIANCE WITH THE APPLICABLE
REQUIREMENTS FOR SUCH PAYMENTS; TO AMEND THE 1976
CODE BY ADDING SECTION 57-5-1140 SO AS TO PROVIDE FOR
INSTALLATION OF RESIDENTIAL RIGHTS-OF-WAY ENTRANCES
AND APRONS TO STATE HIGHWAYS BY THE DEPARTMENT OF
HIGHWAYS AND PUBLIC TRANSPORTATION; TO AMEND
SECTION 12-7-1235 OF THE 1976 CODE, RELATING TO THE
STATE INCOME TAX CREDIT FOR PAYMENTS BY THE
TAXPAYER TO INSTITUTIONS PROVIDING SKILLED OR
INTERMEDIATE CARE, SO AS TO CHANGE THE REFERENCE TO
SKILLED OR INTERMEDIATE CARE TO NURSING FACILITY
LEVEL OF CARE AND TO EXTEND THE CREDIT TO PAYMENTS
FOR IN-HOME OR COMMUNITY CARE FOR PERSONS
DETERMINED TO MEET NURSING FACILITY LEVEL OF CARE
CRITERIA AS CERTIFIED BY A LICENSED PHYSICIAN; TO
AMEND SECTION 44-7-84, AS AMENDED, OF THE 1976 CODE,
RELATING TO MEDICAID NURSING HOME BEDS, SO AS TO
DELETE THE MEDICAID NURSING HOME BED FEE; TO PROVIDE
THAT FOR FISCAL YEARS 1987-88, 1988-89, 1989-90, AND 1990-91,
TEN FIFTY-FIFTHS OF DOCUMENTARY STAMP TAX REVENUES
COLLECTED BY THE SOUTH CAROLINA TAX COMMISSION
MUST BE PAID TO THE HERITAGE LAND TRUST FUND; TO
AMEND THE 1976 CODE BY ADDING SECTION 11-9-140 SO AS TO
AUTHORIZE A STATE AGENCY TO CONTRACT BY THE
COMPETITIVE BIDDING PROCESS, FOR THE SALE OF
ADVERTISING SPACE, TO PROVIDE FOR THE DISTRIBUTION OF
THE ADVERTISING REVENUE, TO PROVIDE THE
REQUIREMENTS WHICH THE ADVERTISING AND THE SALE OF
THE ADVERTISING MUST MEET TO PROVIDE A PROCEDURE
FOR WRITTEN OBJECTION TO ADVERTISING PLACED
PURSUANT TO THE PROVISIONS OF THIS SECTION; TO AMEND
THE 1976 CODE BY ADDING SECTION 12-21-3610 SO AS TO
EXTEND THE SALES TAX TO THE GROSS PROCEEDS OF BINGO
GAMES EXCEPT FOR BINGO GAMES HELD UNDER A CLASS E
LICENSE; TO AMEND THE 1976 CODE BY ADDING SECTION
56-1-725 SO AS TO PROVIDE THAT ANY PERSON CONVICTED OF,
PLEADING GUILTY OR NOLO CONTENDERE TO, OR POSTING
BOND FOR A TRAFFIC VIOLATION FOR WHICH POINTS ARE
ASSESSED PURSUANT TO SECTION 56-1-720 MUST PAY AN
ADDITIONAL ASSESSMENT OF FIVE DOLLARS, NO PORTION OF
WHICH MAY BE SUSPENDED; TO AMEND THE 1976 CODE, BY
ADDING SECTION 12-7-2419 SO AS TO PROVIDE A DESIGNATION
ON INCOME TAX FORMS TO CONTRIBUTE TO AN ELDERCARE
TRUST FUND; AND TO ADD SECTIONS 43-21-160, 43-21-170, AND
43-21-180 SO AS TO PROVIDE FOR THE CREATION AND
ADMINISTRATION OF THE ELDERCARE TRUST FUND OF SOUTH
CAROLINA; TO AMEND THE 1976 CODE BY ADDING SECTION
12-9-40, SO AS TO REQUIRE INCOME TAX WITHHOLDING ON
DISTRIBUTIONS TO NONRESIDENT SHAREHOLDERS OF `S'
CORPORATIONS AND NONRESIDENT PARTNERS, TO PROVIDE
THE RATE AND PROCEDURES FOR THE WITHHOLDING, AND TO
PROVIDE EXCEPTIONS; TO AMEND THE 1976 CODE BY ADDING
SECTION 1-11-465, SO AS TO PROHIBIT THE USE OF FUNDS
FROM THE INSURANCE RESERVE FUND OR OTHER RESERVE
FUNDS TO PAY LEGAL FEES AND ASSOCIATED COSTS TO
DEFEND STATE OR LOCAL OFFICERS FROM A 1983 ACTION
ARISING OUT OF REDISTRICTING; TO AMEND CHAPTER 31,
TITLE 56 OF THE 1976 CODE, RELATING TO THE RENTAL OF
PRIVATE PASSENGER MOTOR VEHICLES, BY ADDING SECTION
56-31-50 SO AS TO PROVIDE THAT RENTAL COMPANIES
ENGAGED IN THE BUSINESS OF RENTING PRIVATE PASSENGER
MOTOR VEHICLES FOR PERIODS OF THIRTY-ONE DAYS OR
LESS SHALL COLLECT CERTAIN SURCHARGES ON ALL RENTAL
CONTRACTS, PROVIDE FOR THE USE OF THE REVENUE
GENERATED BY THESE SURCHARGES, PROVIDE FOR A
MISDEMEANOR OFFENSE AND PENALTIES, AND PROVIDE FOR
THE PROMULGATION OF REGULATIONS BY THE TAX
COMMISSION; TO AMEND SECTION 13-7-30 OF THE 1976 CODE,
RELATING TO THE POWERS AND DUTIES OF THE STATE
BUDGET AND CONTROL BOARD IN REGARD TO RADIOACTIVE
WASTE, SO AS TO PROVIDE THAT NO MORE THAN TWO
MILLION, FIVE HUNDRED THOUSAND DOLLARS A FISCAL
YEAR MAY BE PAID TO THE GOVERNING BODY OF BARNWELL
COUNTY FROM THE SURCHARGES AND PENALTY SURCHARGES
COLLECTED AT THE BARNWELL FACILITY AND TO FURTHER
PROVIDE FOR THE USE OF THE REMAINING FUNDS
GENERATED FROM THE COLLECTION OF THESE SURCHARGES
AND PENALTY SURCHARGES; TO AMEND SECTION 48-47-30,
RELATING TO THE DEFINITIONS IN REGARD TO THE
SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE
MANAGEMENT COMPACT, SO AS TO REVISE THE DEFINITION
OF "REGIONAL FACILITY" TO AUTHORIZE THE BARNWELL
FACILITY TO REMAIN THE REGIONAL FACILITY UNTIL
JANUARY 1, 1996; TO AMEND SECTION 48-48-30, RELATING TO
LIMITS ON THE AMOUNT OF WASTE WHICH MAY BE DISPOSED
OF AT THE BARNWELL FACILITY, SO AS TO EXTEND THE
LIMIT ON THE AMOUNT OF WASTE WHICH MAY BE DISPOSED
OF AT THE BARNWELL FACILITY TO TEN MILLION CUBIC FEET
THROUGH JANUARY 1, 1996, NOT TO EXCEED ONE MILLION,
TWO HUNDRED THOUSAND CUBIC FEET OF WASTE FOR A
CALENDAR YEAR; TO AMEND SECTION 48-48-80, RELATING TO
LEGISLATIVE AUTHORIZATION FOR CONTINUED OPERATION
OF THE LOW-LEVEL WASTE DISPOSAL FACILITY LOCATED
NEAR BARNWELL, SO AS TO AUTHORIZE THAT FACILITY TO
CONTINUE TO OPERATE, AND ALSO SERVE AS THE REGIONAL
DISPOSAL FACILITY FOR THE SOUTHEAST REGION UNTIL
JANUARY 1, 1996, UNDER CERTAIN CONDITIONS; TO AMEND
SECTION 48-48-90, RELATING TO THE CARRY-FORWARD OF
UNUSED ANNUALIZED SITE CAPACITY, SO AS TO PROVIDE
THAT THE TOTAL AMOUNT OF WASTE WHICH MAY BE
DISPOSED OF AT THE FACILITY PRIOR TO DECEMBER 31, 1995,
IS TEN MILLION CUBIC FEET AND EXTEND THE
CARRY-FORWARD PROVISION TO DECEMBER 31, 1995; AND TO
PROVIDE THAT IF THE STATE OF NORTH CAROLINA ISSUES A
PERMIT FOR A HAZARDOUS WASTE OR SOLID WASTE FACILITY
AT A SITE LOCATED WITHIN ONE MILE OF THE BORDER OF A
NEIGHBORING STATE AFTER THE EFFECTIVE DATE OF THIS
SECTION, LOW-LEVEL WASTE GENERATED OUTSIDE OF THE
STATE OF SOUTH CAROLINA MAY NOT BE DISPOSED AT THE
LOW-LEVEL RADIOACTIVE WASTE FACILITY LOCATED AT
BARNWELL AFTER THE DATE OF ISSUANCE OF THE PERMIT BY
THE STATE OF NORTH CAROLINA OR JANUARY 1, 1993,
WHICHEVER DATE IS LATER; TO AMEND SECTION 12-27-1270,
AS AMENDED, OF THE 1976 CODE, RELATING TO THE
ECONOMIC DEVELOPMENT ACCOUNT, SO AS TO INCREASE
FROM TEN TO FIFTEEN MILLION DOLLARS OF THE AMOUNT
SHIMS REVENUES THAT MUST BE CREDITED TO THE ACCOUNT
IN A FISCAL YEAR AND TO AMEND A JOINT RESOLUTION OF
1992 BEARING RATIFICATION NUMBER 409, RELATING TO A
TEN MILLION DOLLAR INCREASE IN THE ECONOMIC
DEVELOPMENT ACCOUNT FOR FISCAL YEAR 1992-93, SO AS TO
CONFORM THE RESOLUTION TO THE PROVISIONS OF THIS
SECTION; TO AMEND SECTION 6-10-30 OF THE 1976 CODE,
RELATING TO BUILDING CODES, SO AS TO ALLOW CERTAIN
EXCEPTIONS TO PROMOTE AFFORDABLE HOUSING; TO AMEND
SECTIONS 58-25-40, AS AMENDED, AND 58-25-60, RELATING TO
REGIONAL TRANSPORTATION AUTHORITIES, SO AS TO
PROVIDE FOR PER DIEM OF MEMBERS UNDER CERTAIN
CONDITIONS AND LIMIT SOURCES AND USES OF REVENUES;
AND TO PROHIBIT INTEGRATED RESOURCE PLAN
REQUIREMENTS FOR GAS UTILITIES UNDER CERTAIN
CIRCUMSTANCES.
Be it enacted by the General Assembly of the State of South Carolina:
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