PART II
Permanent Provisions
SECTION 1
It is hereby declared to be the intent of the General Assembly
that the following sections shall constitute a part of the
permanent laws of the State of South Carolina, and the Code
Commissioner is hereby directed to include same in the next
edition of the Code of Laws of South Carolina and all supplements
to the Code.
SECTION 2
To Provide that the State Budget and Control Board shall with-
hold Funds Appropriated to State Agencies for Failure to comply
with Management Letters Issued by the State Auditor.
Notwithstanding any other provision of law, the State Budget
and Control Board shall withhold a portion of the funds
appropriated to any state agency which fails to satisfactorily
correct material weaknesses in its internal accounting system as
cited in a management letter issued by the State Auditor or which
fails to immediately take sufficient action to prevent recurrence
of any cited violation of state laws or regulations. This section
shall be effective for any management letters on which the State
Auditor's final release of the report takes place subsequent to
January 1, 1981, regardless of the date of preparation of the
letter or the period covered by it. The Board shall review each
management letter or citation of a violation of a state law, rule
or regulation one year after receipt by the agency and shall
withhold any funds or a portion thereof appropriated to the
agency, including but not limited to the agency head salary, to
insure that satisfactory changes are implemented. The Board may
waive such requirements on a recommendation-by-recommendation
basis. As used in this section "agency" means any state
department, board, commission or institution.
SECTION 3
To Provide that Revenues and Income of State Boards and Com-
missions for which Funds are Appropriated in Part I of this Act
and in all Subsequent General Appropriation Acts With an
Exception Shall be Remitted to the State Treasurer at Least Once
Each Week and Credited to the General Fund and Provide for the
Levy of Assessments, Fees and Licenses at Least Equal to the
Amount of the Annual Appropriation for such Boards and
Commissions.
Notwithstanding any other provision of law, except for the
provisions of Act 106 of 1981, relating to the Vacation Time
Sharing Recovery Fund, all revenues and income from licenses,
examination fees, sale of commodities and services and income
derived from any other board or commission source or activity of
the following boards and commissions for which general fund
appropriations are made in Part I of this act and in all
subsequent general appropriations acts shall he remitted to the
State Treasurer as collected when practicable, but at least once
each week and shall be credited to the general fund of the State:
South Carolina Board of Accountancy
State Board of Architectural Examiners
South Carolina Auctioneers Commission
State Board of Barber Examiners
State Cemetery Board
South Carolina Board of Chiropractic Examiners
State Licensing Board for Contractors
State Board of Cosmetic Art Examiners
South Carolina State Board of Dentistry
State Board of Engineering Examiners
South Carolina Board of Certification of Environmental Systems
Operator
State Board of Registration for Foresters
South Carolina State Board of Funeral Service
State Board of Medical Examiners
State Board of Nursing for South Carolina
State Board of Examiners for Nursing Home Administrators
South Carolina Board of Occupational Therapy
South Carolina Board of Examiners in Opticianry
South Carolina Board of Examiners in Optometry
Board of Pharmaceutical Examiners
State Board of Examinations and Registration of Physical
Therapists
Board of Podiatry Examiners
State Board of Examiners in Psychology
Real Estate Commission of South Carolina
South Carolina Residential Homebuilders Commission
South Carolina State Board of Examiners for Registered
Sanitarians
State Board of Social Workers Registration
State Board of Examiners in Speech Pathology and Audiology
South Carolina State Board of Veterinary Medical Examiners
Provided, further, that notwithstanding any other provisions of
law, those agencies listed herein whose revenue and income are
collected on a two-year basis, may for the purposes of this
provision, average their income for the appropriate fiscal years.
Notwithstanding any other provisions of law, all assessments,
fees and licenses shall be levied in an amount sufficient to at
least equal the amount appropriated annually in the general
appropriation act for such boards and commissions.
SECTION 4
To Authorize Compensatory Time for State Employees who are
Required to Work Overtime During any Particular Week and to Make
all Payments of Compensation to State Employees Under the
Provisions of Part I of this Act Subject to the Provisions of
this Section.
(A) All payments of compensation made to state employees under
the provisions of Part I hereof, shall be subject to the
requirements of subsection (B) of this section.
(B) Notwithstanding any other provision of law, state employees
who are required to work overtime during any particular week may
as a result be given compensatory time by their agency. In the
event such compensatory time is given, it shall be taken at the
convenience of the agency within ninety days from the date it is
granted. The ninety-day period referred to above may be extended
for an additional ninety days upon a satisfactory showing to the
Budget and Control Board that because of limited staffing
compliance with the original ninety-day limit is not feasible and
upon approval of such extension by the Board.
SECTION 5
To Amend Section 32, Part II, Act 19 of 1979, as Amended, Re-
lating to the Budget Format of the General Appropriation Bill, so
as to Delete the Requirement to Include Employer Contributions on
the Same Line with Salary.
Section 32, Part II, of Act 199 of 1979, as last amended by
Section 26, Part II, of Act 517 of 1980, is further amended to
read:
"SECTION 32 Budget Format
Beginning with the State General Appropriations Bill for the
fiscal year 1980-81 and each year thereafter, each section of the
Bill which provides for the employment of additional personnel
shall include a separate line item for all new employees for whom
compensation is provided in the section concerned and such line
items shall be divided according to the job classifications of
such additional employees."
SECTION 6
To Amend Act 307 of 1980, Relating to the Procedure for
Accreditation and Chartering of Chiropractic Colleges or Schools,
so as to Increase from One Year to Nineteen Months the Time
Allowed for Such Colleges or Schools to Obtain accreditation or
Candidate Status.
The second paragraph of Section 1 of Act 307 of 1980 is amended
to read:
"Failure to obtain such accreditation or candidate status
within nineteen months after publication of the list of approved
agencies shall result in the Commission on Higher Education
revoking the status of such college or school as a recognized
college or school of chiropractic."
SECTION 7
To Amend Section 56-1-1330, as Amended, Relating to the
Requirement that Applicants for Certain Provisional Driver'
Licenses Complete an Alcohol Traffic Safety School and the Cost
Thereof, so as to Revise Such Cost.
Section 56-1-1330, as amended by Act 637 of 1976, is further
amended to read:
"Section 56-1-1330. The provisional driver's license provision
shall include a mandatory requirement that the applicant
successfully complete, within seventy-five days from the date of
application for the provisional license, an alcohol traffic
safety school certified by the South Carolina Commission on
Alcohol and Drug Abuse. The applicant shall bear the cost of such
school which cost shall be determined by the administering agency
and approved by the South Carolina Commission on Alcohol and Drug
Abuse; provided, such cost shall not exceed one hundred dollars.
If the applicant fails to complete the school successfully as
directed by the Department of Highways and Public Transportation,
the administering agency shall notify the Department and the
provisional driver's license shall be revoked and the suspension
imposed for the full period specified in Section 56-5-2990 and
shall begin on date of notification to the individual."
SECTION 8
To Provide for the Establishment of a South Carolina Energy
Research and Development Center to be Located at and in
Conjunction with Clemson University.
(1) There is hereby established a South Carolina Energy Re-
search and Development Center to be located at, under the
auspices of, and in conjunction with Clemson University.
(2) Clemson University shall establish an advisory board for
the center whose composition shall include members of the South
Carolina Senate, House of Representatives and the Joint
Legislative Committee on Energy and shall also include
representatives from the Governor's office, private industry and
state colleges and universities.
(3) The Energy Research and Development Center may share with
Clemson University existing personnel, facilities and equipment.
(4) The purpose of the Energy Research and Development Center
shall be to:
(a) complement federal energy research and development
efforts by addressing aspects of the energy problem solutions
that would be unique and germane to South Carolina;
(b) complement other state energy efforts by providing con-
tracted technical support to various state agencies;
(c) allow university personnel to undertake energy projects
too large and too complex to be handled by standard academic
units; and
(d) conduct industrially-oriented energy projects as a
service to the state's industries and commerce.
SECTION 9
To Amend the Code of Laws of South Carolina, 1976, by Adding
Section 48-23-295 so as to Provide Aid to South Carolina Woodland
Owners in Receiving Afforestation, Reforestation, Prescribed
Burning and Other Scientific, Technical and Practical Forestry
Services from the State Commission of Forestry.
Be it enacted by the General Assembly of the State of South
Carolina:
Section 1. The 1976 Code is amended by adding:
"Section 48-23-295. The State Commission of Forestry may make
available forestry services consisting of scientific, technical
and practical services to landowners of the State to assist them
in the afforestation, reforestation and maximum production of
their woodland. These services shall consist of specialized
equipment and operators or rental of such equipment to perform
labor and services necessary to carry out approved forestry
practices, including mechanical and chemical site preparation,
forest tree planting, insect and disease control, prescribed
burning, firebreak plowing and other appropriate practices to
assist landowners in maximum production of their woodland.
For such services or rentals, a reasonable fee, representing
the Commission's estimate of not less than the cost of such
services or rentals shall be charged. When the State Forester
deems it in the public interest such services may be provided
without charge to encourage the use of approved scientific
forestry practices on private or other forest lands within the
State or for the purposes of providing practical demonstrations
of such practices.
Receipts from these activities and rentals shall be deposited
in the General Fund. The administration of this section shall be
under the State Forester. The landowner shall compensate the
Commission according to rates established by it.
The Commission may cooperate and offer the same services to
counties, municipalities and state agencies and make the forestry
services and rental equipment available to these agencies. Such
agencies shall reimburse the Commission according to its fee
schedule.
SECTION 10
To Provide that the Department of Social Services may exempt
Adult Residential Facilities from the Requirement that all
Residents shall be Ambulatory Upon Compliance with certain
Criteria.
Notwithstanding the provisions of Chapter 114 of the
regulations of the Department of Social Services contained in the
1976 Code pertaining to the licensing of adult residential
facilities, the Department of Social Services may exempt such
facilities from the requirement that all residents shall be
ambulatory. To qualify for the exemption the following criteria
shall apply:
(1) The resident is non-ambulatory on or before July 1,
1981.
(2) All other licensing requirements, including those
related to health and safety have been met by the facility.
(3) Reasonable provision has been made by the facility to
allow for appropriate exit of the resident in case of emergency.
(4) Each non-ambulatory resident is individually assessed
concerning his or her ability to remain in the facility by:
(a) Obtaining a voluntary statement on the part of each
resident and his or her next of kin that the resident desires to
reside in the facility and absolves the Department of Social
Services of any liability related to such a decision.
(b) Obtaining a statement from a licensed physician that
the resident is not jeopardizing his or her physical health by
remaining in the facility.
(c) Assuring that the physicians statement is updated on
a quarterly basis.
No appropriate payment of state funds for adult residential
services shall be withheld by the Department of Social Services
based on the fact that a facility qualifies for the exemption.
SECTION 11
To Empower the Department of Health and Environmental Control
to Implement and Enforce Public Law 96-510 Relating to Hazardous
Waste Cleanup.
The Department of Health and Environmental Control, upon ex-
press written approval of the Budget and Control Board, is
empowered to take appropriate action as directed by the board to
implement and enforce the Comprehensive Environmental Response,
Compensation and Liability Act of 1980 (Public Law 96-510) and,
subject to the provisions of Section 107 of such act which are
incorporated and adopted herein as the law of this State, to
recover on behalf of the State all costs of remedial action
expended from the Civil Contingent Fund as provided in Section
14, Part I, of the General Appropriations Act for 1981-82 or from
other sources, including specifically punitive damages in an
amount at least equal to and not more than three times the amount
of any costs incurred by the State whether before or after the
enactment of the Comprehensive Environmental Response, Com-
pensation and Liability Act of 1980.
SECTION 12
To Amend Section 59-71-570 of the 1976 Code Relating to Sinking
Fund Payments, so as to Direct the Outstanding Balance on July
First, 1981, to the General Fund of the State.
Section 59-71-570 of the 1976 Code is amended to read:
59-71-570. Sinking fund payments.
If the annual principal payment on account of outstanding bonds
be less than five per cent of the aggregate of all bonds
outstanding, there shall be placed in the sinking fund hereby
established for the retirement of State school bonds such sum as
is the difference between five per cent of the outstanding State
school bonds and the amount retired by way of principal of such
outstanding bonds during such year. The sinking fund shall be
duly apportioned between debt existing by reason of borrowings
for advances to the school districts or operating units of the
several counties and debt existing by reason of borrowings to
defray the cost of acquiring school bus equipment, in the
proportion that each bears to the total of State school bonds
outstanding.
Notwithstanding the preceding paragraph, the remaining balance
in the Sinking Fund as of July first, 1981, shall be remitted to
the General Fund of the State.
SECTION 13
To Amend Chapter 7 of Title 61, Code of Laws of South Carolina,
1976, Relating to the Importation of Alcoholic Liquors, by Adding
Section 61-7-300 so as to Provide that Registered Producers of
Alcoholic Liquors Shall Sell Such Liquors to Military
Establishments Only Through Licensed Wholesalers in This State,
Provide That Such Sales Shall be Exempt from State Taxes Except
the Case Tax, and Establish Procedures to Process Such Sales; and
to Amend Chapter 9 of Title 61, Relating to Beer and Wine, by
Adding Section 61-9-1270, so as to Provide that Registered
Producers of Beer and Wine Shall Sell Such Beer and Wine to
Military Establishments Only Through Licensed Wholesalers in this
State and Provide that Such Sales Shall be Exempt from State Beer
and Wine Taxes.
A. Chapter 7 of Title 61 of the 1976 Code is amended by adding:
"Section 61-7-300. (a) All alcoholic liquors purchased by mili-
tary establishments located in the State shall be purchased from
wholesalers licensed in this State to sell such liquors. Purchase
orders from the military establishment shall be furnished to a
licensed wholesaler and the order shall be processed and
delivered by the wholesaler as nonmilitary orders are processed
and delivered except that delivery shall be made to the military
establishment rather than to a licensed retailer.
(b) Alcoholic liquors sold to the military establishment shall
be tax free except for the case tax imposed under Sections
12-33-410 and 12-33-420, which tax shall be absorbed by the
wholesaler and not passed on to the purchaser.
(c) The Tax Commission and the Alcoholic Beverage Control
Commission may promulgate regulations necessary to implement the
provisions of this section.
(d) Any registered producer who sells alcoholic beverages in
violation of this section shall have its certificate of
registration, as provided for in Section 61-7-80, suspended for
such period as the Alcoholic Beverage Control Commission shall
determine."
B. Chapter 9 of Title 61 of the 1976 Code is amended by adding:
"Section 61-9-1270. (a) All beer and wine purchased by military
establishments located in the State shall be purchased from
wholesalers licensed in this State to sell such beer and wine.
Purchase orders from the military establishments shall be
furnished to a licensed wholesaler and the orders shall be
processed and delivered by the wholesaler as nonmilitary orders
are processed and delivered except that the delivery shall be
made to the military establishments rather than to a licensed
retailer.
(b) Beer and wine sold to the military establishments shall be
exempt from state beer and wine taxes.
(c) The Tax Commission and the Alcoholic Beverage Control
Commission may promulgate regulations necessary to implement the
provisions of this section.
(d) Any registered producer who sells beer and wine in
violation of this section shall have its certificate of
registration, as provided for in Section 12-21-1510, suspended
for such period as the Alcoholic Beverage Control Commission
shall determine."
C. This section shall take effect September 1, 1981.
SECTION 14
To Amend the Code of Laws of South Carolina, 1976, by Adding
Chapter 42 to Title 46 so as to Provide for the Training and
Certification of Persons Engaged in the Sampling, Grading and
Inspection of Grains and Oil Seeds; to Provide for the Issuance
of Uniform Printout or Punch Ticket on Each Load of Grain or Oil
Seed; and to Provide for the Assessment and Collection of Funds
from Dealers and Handlers to Implement the Program.
A. The 1976 Code is amended by adding Chapter 42 to Title 46 to
read:
"Chapter 42
Section 46-42-10. All dealers and handlers engaged in the
grading of grain and oilseeds shall be responsible for the proper
grade determination as set forth by the official United States
Standards for grain or those approved by the Commissioner of
Agriculture. All persons engaged in grading of grains and
oilseeds shall be certified or supervised by a person certified
by the South Carolina Department of Agriculture. Training and
certification of person engaged in sampling, grading and
inspection of grains and oilseeds shall be made available by the
South Carolina Department of Agriculture.
Section 46-42-20. All equipment used and procedures employed in
the sampling, grading and inspection of grains and oilseeds shall
be capable of consistently producing results in accordance with
those specified by the United States Grain Standards Act or those
approved by the Commissioner of Agriculture. The Commissioner of
Agriculture (Commissioner) or his agent may inspect all equipment
and procedures and may condemn equipment and suspend certificates
when inaccuracies occur.
Section 46-42-30. On each sample of grain or oilseed in which a
discount or weight deduction is assessed, one-half shall be
retained in a proper container with proper identification for a
period of two working days subsequent to sampling date. Periodic
checks may be made by the Commissioner or his agent to determine
grading performance.
Records shall be maintained for a period of one year on each
lot of grain or oilseed for which a grade is determined by the
dealer and handler in order to assist the Commissioner in
evaluation grading performance. The Commissioner may suspend or
revoke a grader's certificate when he deems the grader incapable
of competent performance.
Section 46-42-40. All weighing devices used by grain or oilseed
dealers and handlers shall be those approved by weights and
measures laws. Personnel and procedures shall conform to the
provisions of the Public Weighmasters Law.
Section 46-42-50. Dealers and handlers shall be required to
issue a printout or punch ticket of a design approved by the
Commissioner for each lot of grain or oilseed received into
custody of such dealers and handlers. The printout or punch
ticket shall contain all weighing, grading and disposition
information needed for proper identity, including:
(1) Date;
(2) Name and address of the dealer and handler and his
public weighmaster number;
(3) owner of commodity;
(4) vehicle identity;
(5) gross, tare and new weight or in the case of hopper
weighing, net weight of load;
(6) type commodity;
(7) percentage of moisture;
(8) percentage of foreign material, other factors determined
(specify);
(9) grade assigned;
(10) disposition of commodity;
(11) signature of person weighing and grading.
The printout or punch ticket shall serve as a receipt that
grain or oilseed was received into custody by the dealer or
handler issuing the printout or punch ticket, unless otherwise
stated on the ticket.
Section 46-42-60. The Department of Agriculture shall assess
dealers and handlers sums sufficiently to reimburse the general
fund for funds appropriated to administer the provisions of this
chapter based on the number of printout or punch tickets issued
by dealers and handlers for grain and oilseeds received into
their custody.
Dealers and handlers of grain and oilseeds shall remit such
funds collected as directed by the Department.
The Department shall annually repay the State for its
operational costs to the extent possible, in whole or in part,
after the close of each fiscal year from the amount of fees
collected from dealers and handlers of grain and oilseeds as
provided in this chapter.
Section 46-42-70. The Department of Agriculture shall
promulgate regulations to implement the provisions of this
chapter.
Section 46-42-80. Any person violating the provisions of this
article shall be deemed guilty of a misdemeanor and upon
conviction shall be fined in an amount not to exceed one thousand
dollars or imprisoned for a term not to exceed six months or
both.
B. Enforcement of the provisions of this section shall be
implemented March 1, 1982, provided the appropriations are
approved by the General Assembly."
SECTION 15
To Amend Section 42-3-20, As Amended, Code of Laws of South
Carolina, 1976, Relating to Membership and Duties of the
Industrial Commission, so as to Provide That Effective July 1,
1981 Panels Composed of Three Commissioners May Conduct Full
Commission Reviews Under Certain Circumstances.
Section 42-3-20. The Commission shall consist of seven members
appointed by the Governor with the advice and consent of the
Senate for terms of six years and until their successors are
appointed and qualify. The Governor with the advice and consent
of the Senate shall designate one commissioner as chairman for a
term of two years and the chairman may serve two terms in his
six-year term but not consecutively.
The commissioners shall hear and determine all contested cases
conduct informal conferences when necessary, approve settlements
hear applications for full Commission reviews and handle such
other matters as may come before the department for judicial
disposition. Full Commission reviews shall be conducted by six
commissioners only, with the original hearing commissioner not
sitting at such reviews. When one commissioner is temporarily
incapacitated or a vacancy exists on the Commission, reviews may
be conducted by the five remaining commissioners but in such
cases decisions of the hearing commissioner shall not be reversed
except on the vote of at least four commissioners; provided,
however, that effective July 1, 1981 full Commission reviews may
be conducted by three-member panels composed of three
commissioners appointed by the chairman excluding the original
hearing commissioner. The chairman, with unanimous approval of
the other commissioners, shall determine which full commission
reviews shall be assigned to panels. The decisions of such panels
shall have the same force and effect as non-panel full commission
reviews.
SECTION 16
To Amend the Code of Laws of South Carolina, 1976, by adding
Section 67-3-520, so as to Provide Legal Representation for the
Department of Highways and Public Transportation's Workmen's
Compensation Claims Program and to Authorize Department to Retain
Outside Adjusters to Investigate and Adjust Workmen's
compensation and Damage Claims.
The 1976 Code is amended by adding:
"Section 57-3-520. Legal representation for the Department of
Highways and Public Transportation's workmen's compensation
claims program shall be provided by a chief claims counsel and
such staff attorneys as are necessary, to be appointed by the
Chief Highway Commissioner with the approval of the Attorney
General. Any extra legal services that may be required shall be
performed by attorneys selected by the Chief Highway Commissioner
with the approval of the Attorney General. The Department is
authorized to retain independent adjusters for purposes of
investigating and adjusting claims and suits arising under
workmen's compensation, motor vehicle damage and personal injury
damage programs involving Department liability exposure and
recovery potential. Expenses for the administration and
implementation of this section shall be paid from the State
Highway Fund."
SECTION 17
To Amend Sections 9-1-300, 9-9-30 and 9-11-30 of the 1976 Code,
Relating to the South Carolina Retirement System, the Retirement
System for Members of the General Assembly of the State of South
Carolina and the South Carolina Police Officers Retirement
System, so as to Provide that Persons Employed to Administer the
Systems and the Expenses of the Budget and Control Board in
Carrying out the Provisions of Law relating to the Systems shall
be Paid from Interest Earnings of the Systems Instead of from
Annual General Appropriations of the State; and to Amend Act 160
of 1979, as Amended, Relating to the Retirement System for Judges
and Solicitors for the State of South Carolina, so as to Provide
That Employees who Administer the System and the Expenses of the
Budget and Control Board in Carrying out the Provisions of Law
relating to the System shall be paid from Interest Earnings of
the System instead of from Annual General Appropriations of the
State.
A. Section 9-1-300 of the 1976 Code is amended by striking the
last sentence and inserting: "Notwithstanding any other
provisions of law governing the System, all persons employed by
the Board and the expenses of the Board to carry out the
provisions of this chapter shall be paid from the interest
earnings of the System." The section when amended shall read:
"Section 9-1-300. The Board shall keep a record of all its
proceedings under this chapter, which shall be open to public
inspection. It shall publish annually a report showing the fiscal
transactions of the System for the preceding year, the amount of
the accumulated cash and securities of the System and the last
balance sheet showing the financial condition of the System by
means of an actuarial valuation of the contingent assets and
liabilities of the System. Notwithstanding any other provisions
of law governing the System, all persons employed by the Board
and the expenses of the Board to carry out the provisions of this
chapter shall be paid from the interest earnings of the System."
B. Subsection (9) of Section 9-9-30 of the 1976 Code is amended
by striking the last sentence and inserting: "Notwithstanding any
other provisions of law governing the System, all persons
employed by the Board and the expenses of the Board to carry out
the provisions of this chapter shall be paid from the interest
earnings of the System." The subsection when amended shall read:
"(9) The Board shall keep a record of all its proceedings under
this chapter which shall be open to public inspection.
Notwithstanding any other provisions of law governing the System,
all persons employed by the Board and the expenses of the Board
to carry out the provisions of this chapter shall be paid from
the interest earnings of the System."
C. Subsection (10) of Section 9-11-30 of the 1976 Code is
amended by striking the last sentence and inserting:
"Notwithstanding any other provisions of law governing the
System, all persons employed by the Board and the expenses of the
Board to carry out the provisions of this chapter shall be paid
from the interest earnings of the System." The subsection when
amended shall read:
"(10) The Board shall keep a record of all its proceedings
under this article which shall be open to public inspection. It
shall publish an annual report showing the fiscal transactions of
the System for the preceding year, the amount of the accumulated
cash and securities of the System and the last balance sheet
showing the financial condition of the System by means of an
actuarial valuation of the contingent assets and liabilities of
the System. Notwithstanding any other provisions of law governing
the System, all persons employed by the Board and the expenses of
the Board to carry out the provisions of this chapter shall be
paid from the interest earnings of the System."
D. Subsection (9) of Section 3 of Act 150 of 1979 is amended by
striking the last sentence and inserting: 'Notwithstanding any
other provisions of law governing the System, all persons
employed by the Board and the expenses of the Board to carry out
the provisions of this act shall be paid from the interest
earnings of the System." The subsection when amended shall read:
"(9) The Board shall keep a record of all its proceedings under
this act which shall be open to public inspection.
Notwithstanding any other provisions of law governing the System,
all persons employed by the Board and the expenses of the Board
to carry out the provisions of this act shall be paid from the
interest earnings of the System."
SECTION 18
To Amend Act 651 of 1978, as Amended, Relating to a Revised
Structure in the Content of the General Appropriation Act, so as
to Increase the Number of Members of the Joint Appropriation
Review Committee, Provide for Their Appointment, Establish their
Terms and Provide for the Payment of the Expenses of the
Committee; to Transfer from the Budget and Control Board to the
Governor Duties Relating to the Receipt or Expenditure of Funds
by State Agencies, Institutions and Federal Funds; to Establish
Duties of the Governor, the Joint Appropriation Review Committee
relative to Federal Funds, Federal Grants and Private Grants; to
Provide that Funds Other than Federal or General Fund
Appropriations shall not Require Approval by the Governor if They
are in Accord with Line Item appropriations; to transfer Duties
Relative to Annual State Indirect Cost Allocation Plans and
Procedures and indirect Cost Recoveries and Overhead Cost
Reimbursements from the state Auditor and Budget and Control
Board to the Governor; to provide for Recommendations by the
Governor Relative to Budget Format and Procedures; and to Repeal
Provisions Relating to Recommendations for Additional Legislation
of the Committee and Duties of the Legislative Audit Council.
A. Section 3 of Act 651 of 1978 is amended to read:
"Section 3. The joint legislative committee, created in Section
1B 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 act. 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."
B. Section 4 of Act 651 of 1978, as last amended by Section 6
of Part II of Act 199 of 1979, is further amended to read:
"Section 4. With the exception of appropriations from the
general fund and those provided for in Sections 7 through 9 of
this act, no agency or institution of state government shall
receive and expend any funds without prior approval of the
Governor and the concurrence in such approval by the Joint
Appropriations Review Committee. In determining their position
with respect to any proposed receipt or expenditure, the Governor
and the committee shall consider, among other things, the public
benefit to be derived from the program or service and the impact
of the proposal on the future finances of state government.
Proposals for the expenditure of federal funds shall originate
with the agency or institution designated by the Governor. All
requests for federal fund allocations shall be furnished to the
committee by the Governor with his recommendations. Within a
reasonable time a statement of concurrence or non-concurrence
will be furnished by the committee.
The Governor shall also submit his recommendations to the
Budget and Control Board for its review.
The provisions of this section shall not be construed to apply
to funds generated at the local level from local appropriations
whether or not such funds are used with state funds in the
implementation of programs or the delivery of services in
cooperation with or under the supervision of agencies of state
government."
C. Section 5 of Act 651 of 1978, as last amended by Section 6
of Part II of Act 199 of 1979, is further amended to read:
"Section 5. During the fiscal year for which the funds are
authorized, the Governor shall submit to the committee his
recommendations for:
(1) Any changes or proposed changes in federal program
structure which would affect state agency programs and budgets;
(2) Any changes or proposed changes in the funding of such
programs including, but not limited to, changes in funding
levels, consolidations, distribution and allocation;
(3) state agency requirements for continuation of programs
terminated by federal action.
The committee shall furnish to the Governor, within a
reasonable time, a statement of concurrence or nonconcurrence
with the recommendations.
After review, the committee shall notify appropriate
legislative committees as to reconciliation of federal program
funding changes in the state appropriation process.
Any allocation, distribution, or consolidation of federal funds
between or among any approved recipients or state agencies shall
only be authorized by appropriations acts passed by the General
Assembly. Provided, however, the Governor shall, after review and
approval by the committee authorize receipt, reallocation,
consolidation, redistribution or transfer of federal funds among
or between state agencies.
The Governor shall, upon prior approval of the committee,
recommend revisions of the budget format to accommodate changes
in federal program structure or funding mechanisms."
D. Section 6 of Act 651 of 1978 is amended to read:
"Section 6. When reviewing federal grant applications, the
Governor shall determine the requirement or desirability for a
single state agency designation. If the designation is found to
be desirable, or required, the Governor, with the concurrence of
the committee, shall make the designation."
E. Section 7 of Act 651 of 1978 is amended to read:
"Section 7. Notwithstanding the provisions of Sections 4 and 5
of this act, any state agency or institution may apply for and
receive
research grants and student loan funds from federal and private
sources if the acceptance of the funds will not create a
continuing obligation to commit state funds or state resources
beyond the term of the grants. The grants may be applied for and
received without prior review and approval by the Governor or
committee but the receipt of the grants shall be reported to the
Governor and the committee within fourteen days of notification
of the award. Agencies and institutions receiving research grants
shall not be required to remit indirect cost recoveries to the
general fund."
F. Section 8 of Act 651 of 1978 is amended to read:
"Section 8. Funds other than federal funds or those
appropriated from the general funds, which are included in the
state general appropriation act and acts supplemental thereto and
authorized for expenditure, shall not require subsequent approval
by the Governor or the committee if the expenditures are in
accord with the line item appropriation of the act."
G. Section 9A of Act 651 of 1978, added by Section 9 of Part II
of Act 517 of 1980, is amended to read:
"Section 9A. An annual statewide indirect cost allocation plan,
shall be prepared by the Governor's office. Each state agency's,
department's or institution's indirect cost rate proposal shall
be prepared by the agency, department or institution and shall be
submitted to the Governor and the Joint Review Committee prior to
the submission to any federal agency for the agency's approval.
After being approved by the Governor and the Committee, the
proposal shall be forwarded to the federal agency by the
Governor's office and a rate shall be issued to the state agency
from the Governor's office.
The Governor's office shall provide an annual estimate of
indirect funds collected from federal and other programs for
inclusion in the annual state general appropriation act and the
Governor's office shall continually monitor these funds."
H. Section 9 of Act 651 of 1978 is amended to read:
"Section 9. The Governor, with prior approval of the Committee,
in accordance with the procedure set forth in Sections 4 and 5,
may waive the requirement that indirect cost recoveries or
overhead cost reimbursements shall be returned to the general
funds revenue if it determines it is in the best interests of the
State and the agency or institution seeking the grants.
In making its determination, the Governor and the Committee
shall make sure that the action shall not create within an agency
or institution a fund of surplus money which can be used to
expand programs without legislative approval."
I. Section 10 of Act 651 of 1978 is amended to read:
"Section 10. 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 sources of revenue, the associated program
objectives, the total program costs and program effectiveness
measurements.
In developing the revised budget format and procedures, the
Board shall follow the recommendations of the Governor and the
Committee in accordance with the procedure as set forth in
Section 5."
J. Section 11 of Act 651 of 1978 is amended to read:
"Section 11. Notwithstanding any other laws, all agencies and
institutions of the State shall cooperate fully with the Board,
the Governor and the Committee in the implementation of this
act."
K. Sections 12 and 13 of Act 651 of 1978 are repealed.
SECTION 19
To Provide for the Purchase of Equipment by the Division of
General Services for Lease or Resale to Entities of State
Government, to Provide for the Borrowing of Funds by the Division
from the State Insurance Reserve Fund to Purchase Such Equipment
and Provide for the Repayment of the Loan.
A. The Division of General Services is authorized to purchase
office equipment, telecommunications equipment and data
processing equipment for the purpose of renting, leasing, or
resale to boards, commissions, institutions, and agencies of
state government. When this equipment is sold on an installment
basis to the boards, commissions, institutions and agencies of
state government it shall be sold at an interest rate not less
than twelve percent per annum nor greater than fifteen percent
per annum.
B. For the purpose of carrying out the provisions of paragraph
A, the Division of General Services may borrow up to eighteen
million dollars from the State Insurance Reserve Fund at an
interest rate of eight percent per annum.
C. When selling such equipment, the Division of General
Services shall insure that sufficient sums are raised to
reimburse the principal and interest payments to the Insurance
Reserve Fund and to defray the cost of administering the
provisions of this program, which costs may be retained by the
Division of General Services. Any excess funds shall be deposited
in the General Fund of the State.
D. The Budget and Control Board may from time to time review
the interest rates assigned in paragraphs A and B and may adjust
them as they deem appropriate.
E. The Budget and Control Board shall promulgate such
regulations as necessary to administer this program.
*SECTION 20
To Amend Section 23-9-20, Code of Laws of South Carolina, 1976,
as Amended, Relating to the Duties of the State Fire Marshal, so
as to Delete the Duty of Enforcing the Laws and Regulations of
the Liquified Petroleum Gas Board and to Amend Section 39-43-20,
as Amended, Relating to the Liquid Petroleum Gas Board, so as to
Provide that the Division of General Services Rather than the
State Fire Marshal shall Provide Administrative Support and
Facilities for the Board, to Provide that the Board shall be an
Agency of the Division of General Services, and to Provide that
such Support shall be Provided by the Division of General
Services subject to the approval of the Director thereof.
(A) Section 23-9-20 of the 1976 Code, as amended by Act 190 of
1979, is further amended by striking the last sentence and
inserting: "The State Fire Marshal shall employ and supervise
personnel necessary to carry out the duties of his office." The
section when amended shall read:
*Vetoed by the Governor July 28, 1981 and sustained by the
General Assembly August 6, 1981.
Section 23-9-20. In addition to those powers and duties
transferred to the State Fire Marshal pursuant to Section
23-9-10, those powers and duties vested in the Chief Insurance
Commissioner pursuant to Sections 45-5-40, 45-5-50 and 38-57-10
through 38-57-100 also are transferred to the State Fire Marshal
The State Fire Marshal shall employ and supervise personnel
necessary to carry out the duties of his office."
(B) Section 39 43-20 of the 1976 Code, as amended by Act 190 of
1979, is further amended to read:
"Section 39-43-20. There is created the Liquified Petroleum Gas
Board to be composed of six members. One member shall be
appointed from the Senate by the President; one member shall be
appointed from the House by the Speaker; and four shall be ap-
pointed by the Governor, of whom one shall be a fireman, one
shall be a liquified petroleum gas dealer, licensed under this
chapter, and two shall be members of the public who shall not
possess any pecuniary interest in any entity engaged in a
business directly involving liquified petroleum gas. The chairman
shall be elected for a one-year term. Terms of office for members
shall be for two years and until their successors are appointed
and qualify. Vacancies shall be filled in the manner of original
appointment for the unexpired term. The board shall meet at least
annually and not more than once per month. All meetings shall be
scheduled at the call of the chairman. All members shall receive
mileage, per diem and subsistence as provided by law for members
of boards, committees and commissions for days on which they are
transacting official business, to be paid from such funds as may
be approved from the general fund of the State. The Division of
General Services of the State Budget and Control Board subject to
the approval of the Director of the Division shall provide such
administrative support, including office space and other
facilities, as may be required by the Liquified Petroleum Gas
Board to perform its prescribed functions, and the Liquified
Petroleum Gas Board shall be an agency of the Division of General
Services. The State Fire Marshal shall be an official consultant
to the Board and is authorized to attend all meetings thereof.
The two members of the public shall be appointed to assume office
no later than July 1, 1979."
(C) There shall be no lessening of the safety standards
established by the Liquefied Petroleum Gas Board as provided by
law due to the provisions of subsections (A) and (B) of this
section.
SECTION 21
To Amend Section 12-3-145, Code of Laws of South Carolina,
1973, as Amended, Relating to Property Tax Exemption, so as to
Provide that Application for Homestead Exemption shall be made to
the County Auditor.
(A) Subsection A of Section 12-3-145 of the 1976 Code, as last
amended by an act of 1981 bearing Ratification number 138, is
further amended to read:
"A. It shall be the duty of the Commission to determine if
any real or personal property qualifies for exemption from local
property taxes under Section 12-37-220 in accordance with the
Constitution and general laws of the State. This determination
shall be made on an annual basis and the appropriate county
official so advised by June first of each year by the Commission.
The application for the homestead exemption shall be made to the
county auditor who shall determine if the conditions for the
exemption are satisfied. The Commission shall promulgate
regulations, not inconsistent with law, for the implementation of
this section including the conduct of hearings, appeals and other
proceedings related thereto which shall have the full force and
effect of law."
(B) The provisions of this section shall be applicable to home-
stead exemptions granted for the year 1980 and each year
thereafter.
SECTION 22
Lieutenant Governor's Office to be Part-Time.
Beginning with the term of the Lieutenant Governor elected in
1982, the duties of such office shall be part-time.
SECTION 23
To Amend Subsection (B), Section 31 of Act 644 of 1978,
Relating to the Designation of the Administrator of Consumer
Affairs as the Consumer Advocate and the Qualifications of the
Consumer Advocate, so as to Revise such Qualifications and
Provide that the Consumer Advocate may be the Administrator or he
may be Appointed by the Administrator with the Approval of the
Commission on Consumer Affairs.
Subsection (B) of Section 31 of Act 644 of 1978 is amended to
read:
"(B) The consumer advocate may be the Administrator of Consumer
Affairs or he may be appointed by the Administrator with the
approval of the Commission on Consumer Affairs. The consumer
advocate shall be an attorney qualified to practice in all courts
of this State with a minimum of three years' practice
experience."
SECTION 24
To Amend Section 59-101-120, Code of Laws of South Carolina,
1976, Relating to the Maximum Charge for Diplomas at State
Institutions of Higher Learning, so as to Provide that such
Maximum Charge shall be the Actual Cost of the Diploma Rather
than Five Dollars.
Section 59-101-120 of the 1976 Code is amended by striking on
line 2 "five dollars" and inserting "the actual cost". When
amended the section shall read:
"Section 59-101-120. At no State institution of higher learning
shall any graduate be charged more than the actual cost for his
diploma. But a graduate from any such institution of higher
learning may pay a greater price for his diploma if such graduate
should elect to do so."
SECTION 25
To Reenact Section 2-13-30 of the 1976 Code Relating to the
Powers of the Legislative Council as to compilation of codes and
establishment of the Committee on Statutory Laws and Delete Its
Powers Relative to Bids for the Publication of Codes and
Supplements.
Section 2-13-30 of the 1976 Code is reenacted to read:
"Section 2-13-30. The Legislative Council shall determine the
manner and means of compiling the codes of laws for the State,
shall determine the method for keeping the general statutory law
of the State supplemented and shall check on the work of the Code
Commissioner. In order to advise the Council in all matters
relating to Code Commission work, there is hereby created the
Committee on Statutory Laws to be composed of three members of
the Judiciary Committee of the Senate and three members of the
Judiciary Committee of the House of Representatives who shall be
appointed at the first session of each General Assembly.
SECTION 26
To Name the Member Institutions of the Charleston Higher
Education Consortium, To Provide the Terms of Membership, To
Provide for the Admission of New Members, To Provide for the
Board of Directors for the Consortium, To Establish a Community
Based Advisory Committee to State the Purpose of the Consortium
and its Objectives, To Provide for a Master Plan, To Provide for
Annual Reports, To Provide for an Executive Director for the
Consortium, To Establish its Powers and Duties and to Provide for
a Decrease in Personnel at The Citadel, College of Charleston and
The Medical University of South Carolina if the Number of
Employees of the Consortium is increased.
A. The Charleston Higher Education Consortium was created by
Part II, Section 24 of Act 349 of 1969(the General Appropriations
Act).
B. The principal office of the Consortium shall continue to be
at the Medical University of South Carolina, in Charleston or at
such other location as designated by the Board of Directors.
The members of the Consortium shall continue to consist of:
1. The Baptist College of Charleston;
2. The Citadel;
3. The College of Charleston;
4. The Marine Resources Division, S. C. Wildlife and Marine
Resources Department;
5. The Medical University of South Carolina; and
6. The Trident Technical College.
The terms of membership shall be perpetual with the right of
any institution to resign from the Consortium, effective at the
end of any fiscal year in which notice of resignation is given.
A majority of the members of the Consortium may vote the
admission of a new member institution into the Consortium.
C. The Board of Directors for the Consortium shall continue to
be composed of the chief executive officer of each member
institution. The officers of the Board shall be as follows:
Chairman and Vice Chairman. These officers shall be elected by
the members of the Board of Directors and shall be rotated
annually or may be re-elected at the pleasure of the Board. A
Secretary Treasurer shall be appointed by the Chairman and shall
be a senior fiscal officer of a member institution.
D. The Board of Directors shall appoint a non-voting community
based advisory committee to ensure a means for soliciting the
advice and guidance from the representatives of community
interests in the planning and implementation of Consortium
activities.
E. The primary purpose of the Consortium shall be to provide a
coordinate working relationship involving its member
institutions. In addition, the Consortium shall continue to
facilitate diverse kinds of inter-institutional activity at every
level and shall continue to maintain and develop its ongoing
programs and projects.
A "Consortium" program, project or service is one that is
jointly conducted by two or more member institutions.
Any institution shall, at its request, be expressly noted as
not being a participant in a particular activity.
F. The Consortium shall:
1. strengthen the member institutions' capacity to meet the
increasing need for graduate level programs in the area;
2. assist the member institutions in realizing the potential
of the area's post secondary institutions to capitalize on the
unique research and educational resources of the lowcountry
region;
3. facilitate the development and implementation of joint
research projects;
4. increase coordination and eliminate unnecessary
duplication among programs wherever possible, most particularly
in the areas of continuing education and historically "low
enrollment" programs and courses;
5. increase coordination and eliminate unnecessary
duplication among administrative and support services such as
libraries, purchasing, computer services, and student activities
facilities;
6. improve articulation among the member institutions with
policies and procedures that facilitate the transfer and
cross-registration of students from one institution to another;
7. improve the opportunities for joint faculty and staff
development through jointly sponsored enrichment activities,
faculty interchanges and joint appointments.
G. The Consortium under the direction of the Higher Education
Commission shall develop a five-year "Master Plan" that will
describe its detailed plans for realizing the objectives
specified above. The Consortium shall prepare this plan for
review and approval to the Commission on Higher Education no
later than April 1, 1982.
Beginning with fiscal year 1981-82, the Consortium shall submit
an annual report to the Commission on Higher Education and the
General Assembly. This report shall, among other things,
specifically address areas in which the Consortium has moved to
eliminate unnecessary duplication and increased coordination
among its member institutions.
No part of the Master Plan or subsequent plans of the
Consortium shall be implemented without the prior written
approval of the Commission on Higher Education.
H. The Board of Directors may hire an Executive Director at a
salary to be determined by the Board. The Executive Director
shall be directly responsible to the Board of Directors of the
Consortium and shall serve under the terms and conditions
outlined in a contract of employment.
The Executive Director shall have the following powers and
duties:
1. To develop and administer the annual Consortium budget;
2. To oversee the administration and further development of
existing Consortium programs and projects and articulation
efforts;
3. To identify the need for additional inter-institutional
undertakings and to plan and implement these as appropriate,
specifically including the development of new graduate programs
and increasing coordination and eliminating unnecessary
duplication wherever possible;
4. To foster recognition and credibility for the Consortium
among the local, state, and regional publics;
5. To request and receive funds from local, state and
federal and private sources for the support of the Consortium
programs and projects;
6. To hire and develop a sufficient staff to realize the
overall goals and specific objectives of the Consortium; and
7. To execute other powers and duties as directed by the
Board of Directors."
I. If the total number of employees of the Charleston Higher
Education Consortium is increased, the three major institutions
of the Consortium, The Citadel, College of Charleston and the
Medical University, shall reduce their authorized personnel by
the same total number under a formula that shall be developed by
the Budget and Control Board.
SECTION 27
To Amend Section 22-3-800, as amended, Code of Laws of South
Carolina, 1976, Relating to Suspension of Sentences by
Magistrates, So as to Provide that Sentences Imposed by Authority
of Title 50 may be Suspended Below the Minimum Sentence Provided
but not below Twenty-Five Dollars unless the Minimum Sentence is
below that Amount.
Section 22-3-800 of the 1976 Code, as last amended by Act 699
of 1976, is further amended to read:
"Section 22-3-800. Notwithstanding the limitations of Sections
17-25-100 and 24-21-410, after a conviction or plea for any
offense within his jurisdiction any magistrate may at the time of
sentence suspend the imposition or execution of a sentence upon
such terms and conditions as he may deem appropriate; provided,
however, that after a conviction or plea for drawing and uttering
a fraudulent check or other instrument in violation of Section
34-11-60 within his jurisdiction he shall at the time of sentence
suspend the imposition or execution of a sentence only upon a
showing of satisfactory proof of restitution. Provided, further,
when a minimum sentence is provided for by statute, except in
Section 34-11-90, the magistrate shall not have authority to
suspend such sentence below the minimum sentence so provided and,
with regard to penalties under Title 50, such penalties shall not
be suspended to an amount less than twenty-five dollars unless
the minimum penalty is a fine of less than that amount. Nothing
in this section shall be construed to authorize or empower any
magistrate to suspend any specific suspension of any rights or
privileges as imposed under any statutory administrative penalty.
Nothing in this section shall be construed as giving magistrates
the right to place any person on probation."
SECTION 28
To Amend Section 48-23-10 of the 1976 Code, Relating to the
State Commission of Forestry, so as to Add Two Additional Members
to be Appointed by the Governor from the Public at Large, with
the Advice and Consent of the Senate, Provide that the President
of Clemson University may serve on the Commission or may
Designate the Dean of the School of Forestry to Serve in his
Stead and Direct the Governor to Provide Representation of every
geographical Section of the State in his Appointments and a
Reasonable Balance Between the Interests of Corporations and
Individuals; and to Repeal Section 23 of Part II of Act 644 of
1978, Relating to the Appointment of Two Additional Members to
the State Forestry Commission.
A. Section 48-23-10 of the 1976 Code is amended to read:
"Section 48-23-10. There is created and established a State
Commission of Forestry to consist of nine members, each of whom
shall be a resident of this State and shall be appointed by the
Governor. Of this commission, two members shall be practical
lumbermen, one member shall be a farmer who is a landowner, three
members shall be selected and appointed from the public at large,
two members shall be appointed by the Governor from the public at
large upon the advice and consent of the Senate and the ninth
member shall be the President of Clemson University or the Dean
of the School of Forestry to serve as his designee on the
commission. The members of the commission shall be selected and
appointed with reference to their knowledge of and interest in
the forests of the State and the products derived therefrom. In
making his appointments, the Governor shall make all reasonable
effort to provide representation from every geographical section
of the State and a reasonable balance between the interests of
corporations and individuals."
B. Section 23 of Part II of Act 644 of 1978 is repealed.
SECTION 29
To Provide that "Variable Rate" shall mean Adjustable Rate,
Renegotiable Rate and Other Non-fixed Rates.
The definition of the term "variable rate" wherever appearing
in an Act of 1981 bearing Ratification No. 59 shall not be
exclusionary, but shall include any non-fixed rate, including but
not limited to variable rate, adjustable rate, renegotiable rate
or any rate or any combination of rates which is not fixed during
the life of the mortgage.
SECTION 30
To Amend Section 12-35-550, Code of Laws of South Carolina,
1976, as Amended, Relating to Exemptions From the Sales Tax, so
as to Exempt from the Sales Tax on a Graduated Basis a Certain
Percentage of the Gross Proceeds of the Sale of Modular Homes.
The unnumbered item added to Section 12-35-550 of the 1976 Code
by Act 397 of 1980, which item is designated as item (38) in the
1980 Cumulative Supplement, is amended by inserting after "homes"
on line two "and modular homes". The item when amended shall
read:
"( ) A percentage of the gross proceeds of the sale of mobile
homes and modular homes as such are defined in Section 31-17-20
according to the following schedule;
(a) for the fiscal year July 1, 1981 until June 30, 1982
fifteen percent;
(b) for the fiscal year July 1, 1982 until June 30, 1983,
twenty-five percent; and
(c) for the fiscal year July 1, 1983 until June 30, 1984 and
each year thereafter, thirty-five percent."
SECTION 31
To Provide that New Positions in State Agencies Authorized by
the Budget and Control Board in Excess of the Number of Positions
Authorized in the General Appropriations Act shall Terminate at
the End of the Fiscal Year in Which they are Authorized unless
Continued as New Positions in the General Appropriations Act for
the Next Fiscal Year and Provide Procedures for Implementation.
A. Notwithstanding any other provision of law, whenever the
Budget and Control Board shall authorize a state agency to exceed
the number of positions authorized by the General Appropriations
Act, the authorization for such positions shall terminate at the
end of the fiscal year in which such authorization is made unless
such authorization is included as a new position in the General
Appropriations Act for the following fiscal year. At each stage
of the consideration of the annual General Appropriation Bill the
State Auditor shall compile and present in a report to the
members of the General Assembly an explanation and justification
of all such new positions.
B. At each stage of consideration of the General Appropriations
Bill the State Auditor shall provide each member of the body
presently considering the bill a copy of the Analysis of Change
which details changes in appropriations by agency as of the most
recent legislative action.
SECTION 32
To Amend Sections 24-23-210 and 24-23-220 of the 1976 Code,
Relating to Funding for the Community Corrections Program, so as
to Provide that, in Addition to a Bond posted, the Sum of Two
Dollars shall be Added to the Bond as an Assessment to Fund such
Program and Provide that Municipal or Magistrate's Court shall
Pay the Assessments Imposed or Forfeited to the County Treasurer
Monthly.
A. Item A of Section 24-23-210 of the 1976 Code, as added by an
act of 1981, bearing ratification number 148, is amended to read:
"A. When any person is convicted, pleads guilty or nolo
contendere, or forfeits bond, including the assessment
hereinafter provided, to any offense when the offense is within
the jurisdiction of a municipal or magistrate's court other than
a non-moving traffic violation, there is imposed an assessment,
in addition to any other costs or fines imposed by law, in the
sum of two dollars. Any person posting bond for an offense shall
post the two dollar assessment at the same time. If such person
is not convicted of the offense with which he is charged, the
assessment shall be returned to him at the same time his bond is
returned. If such person has not posted bond and is convicted or
pleads guilty or nolo contendere, the two dollar assessment shall
be paid to the magistrate's or municipal court at the time a
sentence is imposed."
B. Section 24-23-220 of the 1976 Code, added by an act of 1981,
bearing ratification number 148, is amended to read:
"Section 24-23-220. Assessments collected by municipal and
magistrate's courts shall be paid monthly to the county treasurer
in the county where the court is located. The county treasurer,
after duly noting and recording the receipt of such payments,
shall transfer those funds to the State Treasurer who shall
deposit them in the state's general fund. One-half of these funds
shall be appropriated to the Department for the express purpose
of developing and operating community corrections programs. The
remainder of the funds shall be utilized as the Legislature shall
direct, with priority being given to such victim assistance
programs as may be enacted."
SECTION 33
To Amend Sections 9-1-1790 and 9-11-90, as Amended, and Section
9-9-110, Code of Laws of South Carolina, 1976, Relating to the
South Carolina Retirement System and the South Carolina Police
Officers Retirement System, so as to Increase the Amount a
Retired Member who Returns to Covered Employment may earn Without
Affecting his Benefits and to Provide for the Return to Service
of a Member other than as a Member of the General Assembly.
A. Section 9-1-1790 of the 1976 Code, as last amended by
Section 19, Part II, of Act 517 of 1980, is further amended by
striking "five thousand dollars" where it appears in the section
and inserting "five thousand five hundred dollars". The section
when amended shall read:
"Section 9-1-1790. Any retired member of the System may return
to employment covered by the System and earn up to five thousand
five hundred dollars per fiscal year without affecting the
monthly retirement allowance he is receiving from the System:
provided, if such retired member continues in service after
having earned five thousand five hundred dollars in a fiscal
year, his retirement allowance shall be discontinued during his
period of service in the remainder of such fiscal year. If such
employment continues for at least forty-eight consecutive months
the provisions of Section 9-1-1590 shall apply. Provided,
further, the provisions of this section shall not apply to any
employee or member of the System who has mandatorily retired
because of age pursuant to Section 9-1-1530."
B. Subsection (4) of Section 9-11-90 of the 1976 Code, as last
amended by Section 19, Part II, of Act 517 of 1980, is further
amended by striking "five thousand dollars" where it appears in
the section and inserting "five thousand five hundred dollars".
The subsection, when amended, shall read:
"(4) Notwithstanding the provisions of subsections (1) and
(2) of this section, any retired member of the System may return
to employment covered by the System and earn up to five thousand
five hundred dollars per fiscal year without affecting the
monthly retirement allowance he is receiving from the System;
provided, if such retired member continues in service after
having earned five thousand five hundred dollars in a fiscal
year, his retirement allowance shall be discontinued during his
period of service in the remainder of such fiscal year. If such
employment continues for at least forty-eight consecutive months
the provisions of subsection (3) of this section shall apply.
Provided, further, the provisions of this subsection shall not
apply to any employee or member of the System who has mandatorily
retired because of age pursuant to Section 9-1-1530."
C. Section 9-9-110 Of the 1976 Code is amended by adding the
following Paragraph at the end:
"Notwithstanding any other Provision Of law, if the return to
Service is in a position other than as a member Of the General
Assembly, the member shall be subject to the same earnings
limitation as Under the South Carolina Retirement System."
D. This Section shall take effect July 1, 1981.
SECTION 34
Transfer Of Funds in General Appropriation Act Shall be Submitted
to General Assembly by Static Auditor.
At each Stage Of Consideration Of the annual General
Appropriation Act, the State Auditor Shall Compile and Submit a
report to the members Of the General Assembly Containing any
transfer Of funds resulting from the transfer Of Programs,
functions, Or responsibilities between agencies and institutions
Of State Government. Any such transfer shall be designated as to
its Origin and Subsequent Placement in the act with reference to
the appropriate Page and line number.
SECTION 35
To amend Section 8 of Act 631 of 1978, as Amended, Relating to
Basic Skills Assessment Program, so as to Provide that the
Department of Education shall by Administrative Action, Monitor
and Evaluate the Curriculum and Instruction Methods in Each
School District to Comply with the Standards and Purpose of Such
Act.
Section 8 of Act 631 of 1978 is amended to read:
"Section 8. The Department of Education shall take necessary
administrative action to monitor and evaluate the curriculum and
instruction methods in each school district, including on-site
visits to selected schools, to insure compliance with the
standards and purposes of this act."
SECTION 36
To Amend Section 20-7-600, Code of Laws of South Carolina, 1976,
Relating to Arrest and Detention of Children, so as to Provide
that Arrested Children Shall not be Transported in Police
Vehicles along with Adults under Arrest and shall be Detained in
Custody Separate from such Adults and Provide for Maintenance of
Children's Arrest Records.
Section 20-7-600 of the 1976 Code, added by an Act of 1981
bearing ratification number 110, is amended by adding;
"(c) No child shall be transported in any police vehicle which
also contains adults under arrest. No child shall at any time be
placed in a jail or other place of detention for adults, but
shall be placed in a room or ward entirely separate for adults.
(d) Peace officers' records of children shall be kept separate
from records of adults and shall not be open to public
inspection, and shall be open to inspection only by such
governmental agencies as authorized by the judge."
SECTION 37
To Amend Section 24-13-710, Code of Laws of South Carolina, 1976,
Relating to Supervised Furlough Programs for Persons convicted of
Certain Nonviolent Crimes, so as to Provide that the Department
of Corrections and Parole and Community Corrections Board shall
Assess Fees to Cover the Cost of Participant's Supervision in
such Programs.
Section 24-13-710 of the 1976 Code, added by Section 16 of an
Act of 1981 bearing ratification number 148, is amended by adding
after the first sentence "The Department and the Parole and
Community Corrections Board shall assess a fee sufficient to
cover the cost of the participant's supervision and any other
financial obligations incurred because of his participation in
the supervised furlough program as provided by this article."
When amended the section shall read:
"Section 24-13-710. The Department of Corrections and the
Parole and Community Corrections Board will jointly develop the
policies, procedures, guidelines and cooperative agreement for
the implementation of a supervised furlough program which will
permit carefully screened and selected inmates who have not
committed the crime of murder, armed robbery, criminal sexual
assault, assault and battery with intent to kill or kidnapping to
be placed on furlough under the supervision of State Probation
and Parole agents. The Department and the Parole and Community
Corrections Board shall assess a fee sufficient to cover the cost
of the participant's supervision and any other financial
obligations incurred because of his participation in the
supervised furlough program as provided by this article. The two
agencies shall jointly develop and approve written guidelines for
the program to include, but not be limited to, the selection
criteria and process, requirements for supervision, conditions
for participation and removal. The cooperative agreement between
the two agencies will specify the responsibilities and authority
for implementing and operating the program. Inmates approved and
placed on the program will be under the supervision of agents of
the Department of Parole and Community Corrections who will be
responsible for insuring the inmate's compliance with the rules,
regulations and conditions of the program as well as monitoring
the inmate's employment and participation in any of the
prescribed and authorized community-based correctional programs
such as vocational rehabilitation, technical education and
alcohol/drug treatment. Eligibility criteria for the program
shall require that the inmate accomplish all of the following:
(1) Maintain a clear disciplinary record for at least six
months prior to consideration for placement on the program;
(2) Demonstrate to Department of Corrections officials a
general desire to become a law abiding member of society;
(3) Satisfy any other reasonable requirements imposed upon
him by the Department of Corrections.";
SECTION 38
To Amend Section 42-17-50, aode of Laws of South Carolina,
1976, Relating to Reviews and Rehearings by the Industrial
Commission, so as to Provide for a Fee to be Charged to
Appellants Seeking Full Commission Reviews of Workmen's
Compensation Awards Including Increased Fees for Appeals
Determined by the Commission to be Without Merit.
Section 42-17-50 of the 1976 Code is amended to read:
"Section 42-17-50. If an application for review is made to the
Commission within fourteen days from the date when notice of the
award shall have been given, the Commission shall review the
award and, if good grounds be shown therefor, reconsider the
evidence, receive further evidence, rehear the parties or their
representatives and, if proper, amend the award.
Each application for commission review shall be accompanied by
a fee of one hundred dollars to defray the costs of the review.
In the event the commission determines at the conclusion of the
review that the appeal was without merit, it may in its sole
discretion charge the appellant an additional fee not to exceed
two hundred and fifty dollars."
All Acts or parts of Acts inconsistent with any of the
provisions of Part I of this Act are hereby suspended for the
fiscal year 1981-82.
All Acts or parts of Acts inconsistent with any of the
provisions of Part II of this Act are hereby repealed.
Except as otherwise specifically provided herein, this Act
shall take effect immediately upon its approval by the Governor.
The following were vetoed by the Governor July 28, 1981 and
sustained by the General Assembly August 5, 1981:
Part I
1. Section 18, Subsection VI, Supplies; Fixed Charges and Con-
tributions.
2. Section 23, Subsection 23A, Item VI, Subitem A, Fixed
Charges and Contributions.
3. Section 23, Subsection 23A, Item VI, Subitem A, Travel.
4. Section 17, Subsection VI, Item A, Fixed Charges and
Contributions.
5. Section 19, Subsection V, Fixed Charges and Contributions.
6. Section 20, Subsection VI, Fixed Charges and Contributions.
7. Section 21, Subsection VII, Supplies; Fixed Charges and
Contributions; Travel.
8. Section 22, Subsection VI, Supplies; Fixed Charges and Con-
tributions.
9. Section 23, Subsection 23C, Item IV, Subitem B, Sub-subitem
1, Fixed Charges and Contributions.
10. Section 23, Subitem 23D, Item IV, Subitem B, Sub-subitem 1,
Contractual Services; Fixed Charges and Contributions.
11. Section 23, Subsection 23F, Item I, Subitem A, Contractual
Services.
12. Section 24, Subsection VI, Fixed Charges and Contributions.
13. Section 50, Subsection I, Supplies.
14. Section 60, Subsection I, Contractual Services.
15. Section 42, Subsection I, Fixed Charges and Contributions.
16. Section 29, Subsection III, New Positions: Administrative
Assistant I; Secretary
I; Graphic Artist; Camera
Operator I; Camera Operator II; Producer Director;
Cinematographer I; Assistant Program Production Manager;
Broadcast Technician; Broadcast
Switcher.
17. Section 29, Subsection III, Conway and Spartanburg General
Operations.
18. Section 23, Subsection 23A, Item B, Subitem 1, New
Positions: Research Specialist I; Research Specialist II;
Histology Technologist.
19. Section 72, Subsection I, Fixed Charges and Contributions.
20. Section 73, Subsection I, Contractual Services; Supplies;
Equipment.
21. Section 81, Subsection I, Item A, Supplies.
22. Section 39, Subsection I, New Positions: Audits Manager;
Auditor I; Secretary II.
23. Section 52, Subsection VI, New Positions: Litter Control
Officer.
24. Section 59, Subsection II, New Positions: Land Resource
Specialists II.
26. Section 66, Subsection III, New Positions: Park
Superintendent I, Park Ranger I.
27. Section 69, Subsection I, New Positions: Assistant
Director.
28. Section 80, Subsection VIII, New Positions: Environmental
Engineer.
31. Section 14, Subsection 14B, Item III, New Position: Senior
State Budget Analyst.
32. Section 27, Subsection II, Item A, New Positions: Tech
Instructors.
33. Section 27, Subsection II, Item A, Contractual Services.
34. Section 5, Proviso 7 which reads:
"Provided, Further, That any unexpended balance of the amount
appropriated for "Energy Tax Incentive Program" under the
provisions of Act 519 of 1980 may be carried forward and expended
for energy related purposes in 1981-82."
35. Section 5, Proviso 8 which reads:
"Provided, Further, That any unexpended balance on June 30,
1981 of the amount appropriated for "Health Care Cost Containment
Study" in Act 519 of 1980 may be carried forward into fiscal year
1981-82 and expended for the same purpose."
36. Section 5, Proviso 9 which reads:
"Provided, Further, That any unexpended balance of the amounts
appropriated for "Nuclear Advisory Council" in Act 199 of 1979
and Act 517 of 1980 may be carried forward into fiscal year
1981-82 and expended for the same purpose."
37. Section 14, Proviso 21 which reads:
"Provided, Further, That any unexpended balances on June 30,
1981 in the appropriations for "Development State Accounting
System" and "Central Personnel/Payroll System" may be carried
forward and expended for the same purposes in 1981-82. Provided,
Further, That the State Auditor is authorized to transfer the
balances to the State Comptroller General."
38. Section 14, Proviso 22 which reads:
"Provided, Further, That any unexpended balances on June 30,
1981 of funds appropriated to the General Services Division for
renovation repairs or other permanent improvements to State-owned
property, may be carried forward to the year 1981-82 and expended
for the same purposes."
39. Section 16, Proviso 2 which reads:
"Provided, Further, That any unexpended balance on June 30,
1981, in the appropriation for 'Tuition Grants' may be carried
forward and expended for the same purposes in fiscal year
1981-82."
40. Section 28, Proviso 27 which reads:
"Provided, Further, That any unexpended balance on June 30,
1981 in appropriations for 'School Bus Purchases' and 'School Bus
Service Vehicle Purchases' may be carried forward and expended in
1981-82."
41. Section 28, Proviso 34 which reads:
"Provided, Further, That any unexpended balance on June 30,
1981 for Subsection V, Item B., 3., 'Basic Skills Assessment' may
be carried forward and expended in 1981-82 for the same purpose."
42. Section 37, Proviso 7 which reads:
"Provided, Further, That any unexpended balance on June 30,
1981 in the appropriation for 'Litter Control' in this Section
shall be carried forward and transferred to the Department of
Corrections and expended for 'Litter Control' in 1981-82."
43. Section 41, Proviso 31 which reads:
"Provided, Further, That any unexpended balance on June 30,
1981, not to exceed $300,000 in the Appropriation for Benefit
Payments may be carried forward and expended for the same
purposes in Fiscal Year 1981-82."
44. Section 63, Proviso 7 which reads:
"Provided, Further, Any unexpended balance as of June 30, 1981,
of the 1979-80 supplement appropriation under law enforcement may
be carried forward to 1981-82 and expended for the same
purposes." 45. Section 114, Proviso 2 which reads:
"Provided, Further, That any unexpended balances on June 30,
1981 of appropriations to the Commission for 'State Aid for
Airport Developments, Improvements and Repairs' may be carried
forward and made available for the same purposes in 1981-82."
46. Section 114, Proviso 3 which reads:
Provided, Further, That any unexpended balance on June 30, 1981
of appropriations to the Commission for 'Navigational Aids,'
'Planning,' 'Aircraft Repairs Engines,' 'Photogrammetry-Con-
tinuous Airport System Plan' and 'Emergency Airport Repairs -
Major' may be carried forward into 1981-82 and expended for the
same purposes."
47. Section 114, Proviso 11 which reads:
Provided, Further, That an unexpended balance on June 30, 1981
of appropriations for 'Major Tools, Motorized Equipment' in the
amount of $115,000 may be carried forward and expended in fiscal
year 1981-82 for the same purposes."
48. Section 117, Proviso 7 which reads
"Provided, Further, That any unexpended balance, on June 30,
1981 in the appropriation for 'Capital Improvement Bonds' may be
carried forward and expended for the same purpose in fiscal year
1981-82."
49. Section 15, Proviso 4 which reads:
"Provided, Further, That notwithstanding the provisions of
Sections 17 through 24 of Part 1 of this Act, for the computing
of funding based on the number of full-time equivalent students,
each institution may file a plan with the Commission on Higher
Education for the reduction in the number of students attending
one or more units of the institution and in such instance shall
not be penalized by a reduction in appropriations resulting from
declining student enrollment as envisioned in such plan. The
Commission on Higher Education shall receive and approve plans on
or before August 15, 1981."
50. Section 149, Item 5 which reads:
"That, notwithstanding any other provisions of this Act, all
funds appropriated for new positions in this Act shall be used to
fund those positions only. Any funds not used for this specific
purpose shall be returned to the General Fund; provided, further,
that no expenditures shall be made from the category "New
Positions"; provided, Further, that upon passage of the 1981-82
Appropriation Bill and after the signature of the Governor, the
Budget and Control Board shall have the authority to approve the
agency request to transfer the category "New Positions" into the
Classified or Unclassified Personal Service Accounts and
corresponding Employer Contributions Accounts as the need is
established; provided, further, that each State agency with new
positions funded in this Act shall file a report with the Joint
Legislative Committee on Personal Service Financing and Budgeting
and the State Auditor by July 15, 1982, indicating the date the
new position was established, the date filled, the annual salary,
the amount expended during the fiscal year for salary and fringe
benefits and the amount returned to the General Fund."
51. Section 17, Proviso which reads:
"Provided, Notwithstanding the amounts appropriated in this
Section, the Budget and Control Board is hereby directed and
authorized to adjust the amount so appropriated according to the
following procedures:
A. The Commission on Higher Education shall certify to the
Budget and Control Board by October 1, 1981 the actual fall
full-time equivalent student enrollment. This figure, as reported
by
the Commission on Higher Education, shall be utilized as the
number of full-time equivalent students as used in paragraph C
and D of this proviso.
B. The member of full-time equivalent students shall be deter-
mined by dividing by fifteen the total number of semester credit
hours being taken by students in undergraduate and first
professional courses, by twelve for graduate courses at the
master's level, and by nine for courses at the doctorate level.
C. The Budget and Control Board shall compute the difference
between the number of full-time equivalent students so certified
by the Commission on Higher Education and 2,827 the number upon
which the amounts in this Section is based.
D. If the number of full-time equivalent students, as certified
by the Commission on Higher Education, differs from the number as
indicated in paragraph C of this proviso, the appropriation shall
be either increased or decreased by an amount equal to the
product of $3,080 multiplied by the increase or decrease in
full-time equivalent students exclusive of allocation for base
pay increases and merit increases.
E. Upon notification by the Budget and Control Board of an ad-
justment to the appropriation, the institution shall submit to
the Budget and Control Board and to the Joint Appropriations
Review Committee, no later than November 1, 1981, a revised
budget reflecting the increase or decrease in appropriated funds.
F. Prior to March 1, 1982, the State Auditor shall audit the
computation of the full-time equivalent students of the
institution and shall report his findings to the Budget and
Control Board. If the number of full-time equivalent students has
been overstated, the Budget and Control Board shall require that
the amount of funds appropriated to the institution as a result
of the overstatement of the number of full-time equivalent
students be returned to the General Fund either through a
reduction of the appropriation or through a payment to the
General Fund from fees of the institution."
52. Section 18, Proviso 2 which reads:
"Provided, Notwithstanding the amounts appropriated in this
Section, the Budget and Control Board is hereby directed and
authorized to adjust the amount so appropriated according to the
following procedures:
A. The Commission on Higher Education shall certify to the
Budget and Control Board by October 1, 1981 the actual fall
full-time equivalent student enrollment. This figure, as reported
by
the Commission on Higher Education, shall be utilized as the
number of full-time equivalent students as used in paragraph C
and D of this proviso.
B. The number of full-time equivalent students shall be deter-
mined by dividing by fifteen the total number of semester credit
hours being taken by students in undergraduate and first
professional courses, by twelve for graduate courses at the
master's level, and by nine for courses at the doctorate level.
C. The Budget and Control Board shall compute the difference
between the number of full-time equivalent students so certified
by the Commission on Higher Education and 2,827 the number upon
which the amounts in this Section is based.
D. If the number of full-time equivalent students, as certified
by the Commission on Higher Education, differs from the number as
indicated in paragraph C of this proviso, the appropriation shall
be either increased or decreased by an amount equal to the
product of $3,627 multiplied by the increase or decrease in
full-time equivalent students exclusive of allocation for base
pay increases and merit increases.
E. Upon notification by the Budget and Control Board of an ad-
justment to the appropriation, the institution shall submit to
the Budget and Control Board and to the Joint Appropriations
Review Committee, no later than November 1, 1981, a revised
budget reflecting the increase or decrease in appropriated funds.
F. Prior to March 1, 1982, the State Auditor shall audit the
computation of the full-time equivalent students of the
institution and shall report his findings to the Budget and
Control Board. If the number of full-time equivalent students has
been overstated, the Budget and Control Board shall require that
the amount of funds appropriated to the institution as a result
of the overstatement of the number of full-time equivalent
students be returned to the General Fund either through a
reduction of the appropriation or through a payment to the
General Fund from fees of the institution."
53. Section 19, Proviso 2 which reads:
"Provided, Notwithstanding the amounts appropriated in this
Section, the Budget and Control Board is hereby directed and
authorized to adjust the amount so appropriated according to the
following procedures:
A. The Commission on Higher Education shall certify to the
Budget and Control Board by October 1, 1981 the actual fall
full-time equivalent student enrollment. This figure, as reported
by
the Commission on Higher Education, shall be utilized as the
number of full-time equivalent students as used in paragraph C
and D of this proviso.
B. The number of full-time equivalent students shall be deter-
mined by dividing by fifteen the total number of semester credit
hours being taken by students in undergraduate and first
professional courses, by twelve for graduate courses at the
master's level, and by nine for courses at the doctorate level.
C. The Budget and Control Board shall compute the difference
between the number of full-time equivalent students so certified
by the Commission on Higher Education and 2,827 the number upon
which the amounts in this Section is based.
D. If the number of full-time equivalent students, as certified
by the Commission on Higher Education, differs from the number as
indicated in paragraph C of this proviso, the appropriation shall
be either increased or decreased by an amount equal to the
product of $2,522 multiplied by the increase or decrease in
full-time equivalent students exclusive of allocation for base
pay increases and merit increases.
E. Upon notification by the Budget and Control Board of an ad-
justment to the appropriation, the institution shall submit to
the Budget and Control Board and to the Joint Appropriations
Review Committee, no later than November 1, 1981, a revised
budget reflecting the increase or decrease in appropriated funds.
F. Prior to March 1, 1982, the State Auditor shall audit the
computation of the full-time equivalent students of the
institution and shall report his findings to the Budget and
Control Board. If the number of full-time equivalent students has
been overstated, the Budget and Control Board shall require that
the amount of funds appropriated to the institution as a result
of the overstatement of the number of full-time equivalent
students be returned to the General Fund either through a
reduction of the appropriation or through a payment to the
General Fund from fees of the institution."
54. Section 20, Proviso 3 which reads:
"Provided, Notwithstanding the amounts appropriated in this
Section, the Budget and Control Board is hereby directed and
authorized to adjust the amount so appropriated according to the
following procedures:
A. The Commission on Higher Education shall certify to the
Budget and Control Board by October 1, 1981 the actual fall
full-time equivalent student enrollment. This figure, as reported
by
the Commission on Higher Education, shall be utilized as the
number of full-time equivalent students as used in paragraph C
and D of this proviso.
B. The number of full-time equivalent students shall be deter-
mined by dividing by fifteen the total number of semester credit
hours being taken by students in undergraduate and first
professional courses, by twelve for graduate courses at the
master's level, and by nine for courses at the doctorate level.
C. The Budget and Control Board shall compute the difference
between the number of full-time equivalent students so certified
by the Commission on Higher Education and 2,827 the number upon
which the amounts in this Section is based.
D. If the number of full-time equivalent students, as certified
by the Commission on Higher Education, differs from the number as
indicated in paragraph C of this proviso, the appropriation shall
be either increased or decreased by an amount equal to the
product of $2,737 multiplied by the increase or decrease in
full-time equivalent students exclusive of allocation for base
pay increases and merit increases.
E. Upon notification by the Budget and Control Board of an ad-
justment to the appropriation, the institution shall submit to
the Budget and Control Board and to the Joint Appropriations
Review Committee, no later than November 1, 1981, a revised
budget reflecting the increase or decrease in appropriated funds.
F. Prior to March 1, 1982, the State Auditor shall audit the
computation of the full-time equivalent students of the
institution and shall report his findings to the Budget and
Control Board. If the number of full-time equivalent students has
been overstated, the Budget and Control Board shall require that
the amount of funds appropriated to the institution as a result
of the overstatement of the number of full-time equivalent
students be returned to the General Fund either through a
reduction of the appropriation or through a payment to the
General Fund from fees of the institution."
55. Section 21, Proviso 2 which reads:
"Provided, Notwithstanding the amounts appropriated in this
Section, the Budget and Control Board is hereby directed and
authorized to adjust the amount so appropriated according to the
following procedures:
A. The Commission on Higher Education shall certify to the
Budget and Control Board by October 1, 1981 the actual fall
full-time equivalent student enrollment. This figure, as reported
by
the Commission on Higher Education, shall be utilized as the
number of full-time equivalent students as used in paragraph C
and D of this proviso.
B. The number of full-time equivalent students shall be deter-
mined by dividing by fifteen the total number of semester credit
hours being taken by students in undergraduate and first
professional courses, by twelve for graduate courses at the
master's level, and by nine for courses at the doctorate level.
C. The Budget and Control Board shall compute the difference
between the number of full-time equivalent students so certified
by the Commission on Higher Education and 2,827 the number upon
which the amounts in this Section is based.
D. If the number of full-time equivalent students, as certified
by the Commission on Higher Education, differs from the number as
indicated in paragraph C of this proviso, the appropriation shall
be either increased or decreased by an amount equal to the
product of $2,638 multiplied by the increase or decrease in
full-time equivalent students exclusive of allocation for base
pay increases and merit increases.
E. Upon notification by the Budget and Control Board of an ad-
justment to the appropriation, the institution shall submit to
the Budget and Control Board and to the Joint Appropriations
Review Committee, no later than November 1, 1981, a revised
budget reflecting the increase or decrease in appropriated funds.
F. Prior to March 1, 1982, the State Auditor shall audit the
computation of the full-time equivalent students of the
institution and shall report his findings to the Budget and
Control Board. If the number of full-time equivalent students has
been overstated, the Budget and Control Board shall require that
the amount of funds appropriated to the institution as a result
of the overstatement of the number of full-time equivalent
students be returned to the General Fund either through a
reduction of the appropriation or through a payment to the
General Fund from fees of the institution."
56. Section 22, Proviso 1 which reads:
"Provided, Notwithstanding the amounts appropriated in this
Section, the Budget and Control Board is hereby directed and
authorized to adjust the amount so appropriated according to the
following procedures:
A. The Commission on Higher Education shall certify to the
Budget and Control Board by October 1, 1981 the actual fall
full-time equivalent student enrollment. This figure, as reported
by
the Commission on Higher Education, shall be utilized as the
number of full-time equivalent students as used in paragraph C
and D of this proviso.
B. The number of full-time equivalent students shall be deter-
mined by dividing by fifteen the total number of semester credit
hours being taken by students in undergraduate and first
professional courses, by twelve for graduate courses at the
master's level, and by nine for courses at the doctorate level.
C. The Budget and Control Board shall compute the difference
between the number of full-time equivalent students so certified
by the Commission on Higher Education and 2,827 the number upon
which the amounts in this Section is based.
D. If the number of full-time equivalent students, as certified
by the Commission on Higher Education, differs from the number as
indicated in paragraph C of this proviso, the appropriation shall
be either increased or decreased by an amount equal to the
product of $3,166 multiplied by the increase or decrease in
full-time equivalent students exclusive of allocation for base
pay increases and merit increases.
E. Upon notification by the Budget and Control Board of an ad-
justment to the appropriation, the institution shall submit to
the Budget and Control Board and to the Joint Appropriations
Review Committee, no later than November 1, 1981, a revised
budget reflecting the increase or decrease in appropriated funds.
F. Prior to March 1, 1982, the State Auditor shall audit the
computation of the full-time equivalent students of the
institution and shall report his findings to the Budget and
Control Board. If the number of full-time equivalent students has
been overstated, the Budget and Control Board shall require that
the amount of funds appropriated to the institution as a result
of the overstatement of the number of full-time equivalent
students be returned to the General Fund either through a
reduction of the appropriation or through a payment to the
General Fund from fees of the institution."
57. Section 23, Proviso 5 which reads:
"Provided, Notwithstanding the amounts appropriated in this
Section, the Budget and Control Board is hereby directed and
authorized to adjust the amount so appropriated according to the
following procedures:
A. The Commission on Higher Education shall certify to the
Budget and Control Board by October 1, 1981 the actual fall
full-time equivalent student enrollment. This figure, as reported
by
the Commission on Higher Education, shall be utilized as the
number of full-time equivalent students as used in paragraphs C
and D of this proviso.
B. The number of full-time equivalent students shall be deter-
mined by dividing by fifteen the total number of semester credit
hours being taken by students in undergraduate and first
professional curses, by twelve for graduate courses at the
master's level, and by nine for courses at the doctorate level.
C. With respect to the various campuses of the University of
South Carolina, the following numbers of full-time equivalent
students were used:
University of South Carolina--Columbia Campus. . . . . . 20,690
University of South Carolina--Aiken. . . . . . . . . . . .1,419
University of South Carolina--Coastal . . . . . . . . . .1,869
University of South Carolina--Spartanburg . . . . . . . .1,891
University of South Carolina--Beaufort . . . . . . . . . . .373
University of South Carolina--Lancaster . . . . . . . . . .552
University of South Carolina--Salkehatchie . . . . . . . . .337
University of South Carolina--Sumter . . . . . . . . . . . .831
University of South Carolina--Union . . . . . . . . . . . .218
D. If the number of full-time equivalent students, as certified
by the Commission on Higher Education, differs from the numbers
as indicated in paragraph C of this proviso, the appropriation
for the Columbia campus and each of the other campuses shall be
separately increased or decreased by an amount equal to the
product of the increase or decrease in full-time equivalent
students multiplied by:
$3,375 with respect to the Columbia Campus
$2,330 with respect to the Aiken Campus
$2,250 with respect to the Coastal Campus
$2,413 with respect to the Spartanburg Campus
$1,728 with respect to the Beaufort Campus
$2,192 with respect to the Lancaster Campus
$2,114 with respect to the Salkehatchie Campus
$1,771 with respect to the Sumter Campus
$2,322 with respect to the Union Campus
exclusive on allocation for base pay increases and merit
increases. E. Upon notification by the Budget and Control
Board of an adjustment to the appropriation, the institution
shall submit to the Budget and Control Board and to the Joint
Appropriations Review Committee, no later than November 1, 1981,
a revised budget reflecting the increase or decrease in
appropriated funds.
F. Prior to March 1,-1982, the State Auditor shall audit the
computation of the full-time equivalent students of the
institution and shall report his findings to the Budget and
Control Board. If the number of full-time equivalent students has
been overstated, the Budget and Control Board shall require that
the amount of funds appropriated to the institution as a result
of the overstatement of the number of full-time equivalent
students be returned to the General Fund either through a
reduction of the appropriation or through a payment to the
General Fund from fees of the institution."
58. Section 24, Proviso 2 which reads:
"Provided, Notwithstanding the amounts appropriated in this
Section, the Budget and Control Board is hereby directed and
authorized to adjust the amount so appropriated according to the
following procedures:
A. The Commission on Higher Education shall certify to the
Budget and Control Board by October 1, 1981 the actual fall
full-time equivalent student enrollment. This figure, as reported
by
the Commission on Higher Education, shall be utilized as the
number of full-time equivalent students as used in paragraph C
and D of this proviso.
B. The number of full-time equivalent students shall be deter-
mined by dividing by fifteen the total member of semester credit
hours being taken by students in undergraduate and first
professional courses, by twelve for graduate courses at the
master's level, and by nine for courses at the doctorate level.
C. The Budget and Control Board shall compute the difference
between the number of full-time equivalent students so certified
by the Commission on Higher Education and 4,256 the number upon
which the amounts in this Section is based.
D. If the number of full-time equivalent students, as certified
by the Commission on Higher Education, differs from the number as
indicated in paragraph C of this proviso, the appropriation shall
be either increased or decreased by an amount equal to the
product of $2,614 multiplied by the increase or decrease in
full-time equivalent students exclusive of allocation for base
pay increases and merit increases.
E. Upon notification by the Budget and Control Board of an ad-
justment to the appropriation, the institution shall submit to
the Budget and Control Board and to the Joint Appropriations
Review Committee, no later than November 1, 1981, a revised
budget reflecting the increase or decrease in appropriated funds.
F. Prior to March 1, 1982, the State Auditor shall audit the
computation of the full-time equivalent students of the
institution and shall report his findings to the Budget and
Control Board. If the number of full-time equivalent students has
been overstated, the Budget and Control Board shall require that
the amount of funds appropriated to the institution as a result
of the overstatement of the number of full-time equivalent
students be returned to the General Fund either through a
reduction of the appropriation or through a payment to the
General Fund from fees of the institution."
Part II
59. Section 20, Liquified Petroleum Gas Board.
Part I
60. Section 27, Proviso 3 which reads:
"Provided, Further, It is the intent of the General Assembly
that of the amounts appropriated herein, the Technical and
Comprehensive Education Centers throughout the State shall
utilize at least $2,450,000 to reduce the number of part-time
faculty, and increase the number of full-time faculty."
The following were vetoed by the Governor July 28, 1981 and
overridden by the House of Representatives on August 5, 1981, and
overridden by the Senate August 11, 1981:
25. Section 61, Subsection IV, Item A, New Positions: Director
of Agriculture Commodity Inspections; Grain Inspector I, Grain
Inspector II.
29. Section 93, Subsection I, New Positions: Staff Assistant I,
Special Investigator II.
30. Section 98, Subsection I, Attorney III; Staff Assistant II;
Legal Secretary I.
Became law without the signature of the Governor.
Vetos 25, 29 and 30 were overridden by the General Assembly and
became effective August 11, 1981. The remainder of the Act took
effect July 29, 1981.