Sec. 144. All institutions, departments and agencies shall file
an annual report with the Budget and Control Board at such time
as the Board shall specify. The Budget and Control Board shall
prescribe such specifications and deadlines as may appear
practicable for all State and departmental reports, the objective
being to limit the content, style of printing and cost of
publication of such reports within reasonable limits. The Board
shall be charged with the responsibility of printing these
reports. They shall be made available on or before January first
to each member of the General Assembly at his request and to the
State Libary. The Budget and Control Board shall report annually
to the General Assembly on the expenditure of appropriations for
such reports showing, by departments, the number of copies and
cost of publication.
Sec. 145. Each agency having in its custody one or more
aircraft shall maintain a continuing log on all flights, which
shall be open for public inspection.
All passengers on every flight of state-owned aircraft shall be
listed by their legal name. Any and all aircraft owned by
agencies of the State Government shall be used only for official
business. The Aeronautics Commission and other agencies owning
and operating aircraft may furnish transportation to legislators
and members of State boards, commissions and agencies on official
business only.
Provided, Further, That the provisions above shall not apply to
aircraft of the Athletic Department of any State supported
institution of Higher Education.
Sec. 146. Any funds derived by the State Port Authority from
the rental, lease or sale of any of its facilities shall be
expended for the benefit of the particular Port where such
facilities are located.
Sec. 147. In any instances where Federal laws or regulations,
relating to funds allotted to State Government agencies, include
requirements relating to banking procedures, the State Treasury
shall be deemed to meet the definition of a bank.
Sec. 148. The President of the University of South Carolina,
Clemson University, the Medical University of South Carolina, The
Citadel, Winthrop College, South Carolina State College, Francis
Marion College, College of Charleston, and Lander College shall
not be paid a fixed allowance for personal expenses incurred in
connection with the performance of their official duties.
Reimbursements may be made to such Presidents from funds
available to their respective institutions for any such personal
expenses incurred provided that all requests for such
reimbursement are supported by properly documented vouchers
processed through the normal accounting procedures of such
institutions.
Sec. 149. The funds appropriated to each agency or institution
for payment of employer contributions for state employees shall
be used for that purpose only and it is intended that the amount
so provided to each agency or institution shall be sufficient to
pay the employer contribution costs of that agency. The Budget
and Control Board is directed to devise a plan for the
expenditure of the funds appropriated for employer contributions
and may require transfers of funds within an agency or
institution if it becomes evident that the employer contribution
costs will exceed the funds available for that purpose.
Sec. 150. The General Assembly hereby expresses its continuing
concern over the control of the number of personnel employed by
the State of South Carolina. It is further declared to be the
intent of the General Assembly to continue to take positive steps
to control and restrict the number of personnel employed in the
future, without unduly hampering the legitimate functions of
state government.
In order to obtain the necessary control over the number of
employees, the Budget and Control Board is hereby directed to
maintain close supervision over the number of state employees,
and to require specifically the following:
1. That no state agency exceed the total authorized number of
full-time equivalent positions funded from State, Federal, or
other sources as provided in each section of this Act except by
unanimous vote of the Budget and Control Board after review and
comment by the Joint Legislative Committee on Personal Service
Financing and Budgeting. Specific written confirmation of such
unanimous approval shall be forwarded to the Joint Appropriations
Review Committee in the event that any agency is allowed to
exceed the number of positions authorized in this Act.
2. That the State Auditor shall maintain and make, as
necessary, periodic adjustments thereto, an official record of
the total number of authorized full-time equivalent positions by
agency categorized by State, Federal, or other funding sources
and shall provide a certified duplicate of such record to the
Joint Legislative Committee on Personal Service Financing and
Budgeting and to the Joint Appropriations Review Committee. The
State Auditor shall submit monthly reports to the Joint
Legislative Committee on Personal Service Financing and Budgeting
and the Joint Appropriations Review Committee and such reports
shall include any changes in the authorized number of full-time
equivalent positions, the number of filled and vacant positions
and any other data requested by the committees.
(a) That within thirty (30) days of the passage of this Act,
or by August 1, 1982, whichever comes later, each agency of the
State must have established on the State Personnel Division
records all positions authorized in this Act. After that date.
the State Auditor shall delete any non-established positions
immediately from the official record of authorized full-time
equivalent positions. No positions shall be established by the
State Personnel Division in excess of the number authorized in
the State Auditor's record of authorized full-time equivalent
positions.
(b) That within forty-five (45) days of the passage of this
Act, or by August 15, 1982, whichever comes later, the State
Auditor shall prepare a personal service detail, by agency, which
shows each position established for FY 1982-83 and the amount of
funds required, by source of funds, to support the position for
FY 1982-83 at a funding level of 100% and the State Auditor shall
then reconcile each agency's personal service detail with the
agency's personal service appropriation as contained in this Act
adjusted for base pay increases, merit increment allocations and
any other factors necessary to reflect the agency's personal
service funding level. The State Auditor shall provide a copy of
each agency's personal service reconciliation to the Budget and
Control Board and to the Joint Legislative Committee on Personal
Service Financing and Budgeting.
(c) That the State Auditor is authorized, upon the approval of
the Budget and Control Board and the Joint Legislative Committee
on Personal Service Financing and Budgeting, to delete any
positions which are shown by the reconciliation to be unfunded or
significantly underfunded.
(d) Full-time equivalent (FTE) positions shall be determined
under the following guidelines:
1. The annual work hours for each FTE shall be the agency's
full-time standard annual work hours.
2. The State FTE shall be derived by multiplying the State
percentage of budgeted funds for each position by the FTE for
that position.
3. All institutions of higher education shall use a value of
0.75 FTE for each position determined to be full-time faculty
with a duration of nine (9) months.
The FTE method of accounting shall be utilized for all
authorized positions.
3. That the number of positions authorized in this Act shall be
reduced in the following circumstances:
(a) Upon request by an agency.
(b) When anticipated federal funds are not made available.
(c) When the Budget and Control Board, through study or
analysis, becomes aware of any unjustifiable excess of positions
in any state agency.
4. That no new permanent positions in state government shall be
funded by appropriations in acts supplemental to this Act but
temporary positions may he so funded.
5. The provisions of this section shall not apply to personnel
exempt from the State Classification and Compensation Plan under
Item I of Section 8-11-260 of the 1976 Code.
Sec. 151. That unless specifically authorized herein, the
appropriations provided in Part I of this Act as ordinary
operating expenses of the State Government shall lapse on July
31, 1983. Provided, That on July 31, 1983, the Budget and Control
Board may authorize an extension of not exceeding 31 days for the
expenditure of funds to pay for outstanding commitments of
employer contributions and assistance payments. The Budget and
Control Board may authorize such accounting procedures as may be
necessary to accomplish this purpose. Provided, That
appropriations for permanent improvements, or for other specific
purposes aside from ordinary operating expenses, now outstanding
or hereafter provided, shall lapse at the end of the second
fiscal year following the close of the fiscal year in which such
appropriations were provided, unless definite commitments shall
have been made, with the approval of the State Budget and Control
Board and Joint Bond Review Committee, toward the accomplishment
of the purposes for which the appropriations were provided.
Sec. 152. In order to establish a more uniform schedule for
state agencies to follow in reimbursing physicians for medical
services rendered on behalf of such agencies and institutions,
the State Budget and Control Board and the Health Care Planning
and Oversight Committee of the Legislature is hereby authorized
and directed to develop recommendations for the implementation of
a uniform fee schedule to govern such reimbursement mechanisms
taking into account the California Relative Value Studies or
other possible alternatives in recommending a uniform
reimbursement schedule within the shortest time frame as is
reasonably feasible.
In developing such schedule, the Budget and Control Board and
the Oversight Committee should utilize the input of such public
and private persons or organizations as in their judgment is
necessary to develop a fair and equitable plan.
The Committee is hereby directed to make its recommendations in
writing to the State Budget and Control Board, the Ways and Means
Committee and the Finance Committee of the Legislature and such
other parties as it deems necessary.
The agencies and institutions shall implement the uniform fee
schedule at the direction of the Budget and Control Board and the
Oversight Committee.
Sec. 153. The Legislative Audit Council, the State Auditor, the
House Ways and Means Committee, the State Reorganization
Commission and the Senate Finance Committee shall be furnished a
copy of each audit report issued by a Federal Audit Agency within
fifteen days from the date of receipt by the State Agency.
Provided, Further, That the State Auditor shall periodically
furnish a list of such reports to each member of the General
Assembly and to the Joint Appropriations Review Committee.
Provided, Further, That the State Auditor will provide a copy of
each Federal Block Grant Audit Report to the Joint Appropriations
Review Committee to comply with provisions of the Omnibus Budget
Reconciliation Act of 1981.
Sec. 154. The provisions of Section 26 of Part II of Act 644 of
1978 are extended and shall be effective in all respects through
the fiscal year 1982-83 and a regional committee is established
to advise the Interagency Council and the Santee-Wateree Regional
Transportation Authority in the implementation of the project,
including the planning for services at the conclusion of the
project. The Committee shall be composed of representatives of
all local participating agencies. The chairman of the Committee
shall be elected at the first meeting among its membership. The
Committee shall meet monthly during the period stated above. The
Committee shall meet and begin to perform its duties immediately
upon the effective date of this act and shall be staffed by the
Santee-Lynches Council of Governments.
Sec. 155. Provided, That notwithstanding any other provision of
law, the Budget and Control Board through the State Personnel
Division shall be responsible for coordinating the placement of
all state employees who are terminated because of a
reduction-in-force resulting from reduced personal service
funding and shall issue such administrative procedures as
necessary to carry out the intent of this proviso. Provided,
Further, That when a vacancy occurs in a state agency, or when an
agency acts to fill a new position as listed and italicized in
the Appropriation Act, the agency shall implement the recall
provisions of their reduction-in-force procedure and plan
concerning its employees who have been terminated as a result of
a reduction-in-force. State agencies shall give priority
consideration to those employees who have been terminated from
any other state agency as a result of this reduction-in-force and
who were formerly employed in the same classification,
classification series, or position category as the vacancy or the
new position listed in this act.
Sec. 156. Provided, Further, That it is the responsibility of
all agencies, departments and institutions of state government,
to provide at no cost and as a part of the regular services of
the agency, department or institution such services as are
necessary to carry out the provisions of Article 7, Chapter 17 of
Title 44 of the 1976 Code (Judicial Commitment), Chapter 3 of
Title 17 of the 1976 Code (Defense of Indigents), and Article 1
of Chapter 3 of Title 16 of the 1976 Code (Death Penalty), as
amended, upon request of the Judicial Department and/or the
appropriate court. To this end, state agencies are directed to
furnish to the Judicial Department a list of their employees who
are competent to serve as court examiners. The Judicial
Department shall forward a copy of this list to the appropriate
courts, and the courts shall utilize the services of such state
employees whenever feasible. State employees shall receive no
additional compensation for performing such services. Provided,
however, that for the purpose of interpreting this section,
individuals serving an internship or residency as an academic
requirement shall not be considered state employees.
Sec. 157. All State agencies participating in the Human
Services Demonstration Project in Section 3L of this Act, are
hereby authorized and directed to comply with formal requests for
cooperation from the project managing agency.
Sec. 158. Provided, Further, That notwithstanding any other
provision of law, any aircraft and watercraft confiscated or
seized under the provisions of Act 185 of 1979 may be used by a
governmental agency, at the discretion and approval of the Budget
and Control Board.
Sec. 159. Notwithstanding any other provision of law, from the
appropriation contained in Part 1, Section 14B, Program
III-Budget Development, of this act, the Budget and Control Board
shall, prior to making its annual recommendations to the General
Assembly of the amounts to be appropriated to the various State
agencies, departments and institutions, require each State
agency, department and institution to submit a detailed analysis
by budget classification of the funds required for both its
recurring expenses and anticipated additional expenses. Such
budget classification shall include, but not be limited to,
personal services, contractual services, supplies, fixed charges
and contributions, equipment, travel, permanent improvements and
any special items as appear in the budget format. It is the
intent of this section that each State agency, department or
institution shall be required to justify in entirety its
recurring expenses as well as any new or additional expenses. The
Chairman of the Senate Finance Committee and the Chairman of the
House Ways and Means Committee shall each appoint three members
from their respective bodies to study the "Zero Base Program
Authorization" format as outlined in the State Auditor's report
to the General Assembly dated December 1, 1981, as printed in
House Journal No. 1 for the year 1982 beginning on page 16.
Sec. 160. Provided, Further, That all state employees, who are
commissioned law enforcement officers upon retirement, if vested,
may purchase their assigned weapon at a nominal fee.
Sec. 161. The General Assembly hereby expresses its support and
endorsement of the efforts of the State Personnel Division to
develop an improved Performance Appraisal System. In order that
the State might achieve maximum benefit and most effective
resource allocation from this important management tool, all
State agencies are hereby directed to cooperate with the State
Personnel Division in the implementation and evaluation of the
Performance Appraisal System. The General Assembly directs the
Joint Legislative Committee on Personal Service Financing and
Budgeting to review and study issues pertaining to the funding of
the merit program, including but not limited to: annualization of
merit increments, impact of merit pay increases on the State
Classification and Compensation System, and the relationship of
the merit pay increase to the Performance Appraisal System and to
the State's reduction-in-force policy.
**Sec. 162. The Budget and Control Board shall develop a plan
for the distribution of the funds appropriated in Section 14 and
designated as compensation plan merit increments so as to provide
funds for an average two (2%) percent merit increment increase
for classified and unclassified employees. For the purpose of
computing the allocation of merit increment funds to the various
agencies and institutions, it is assumed that the average merit
review date for both classified and unclassified employees shall
be January 1 of the fiscal year.
**Provided, Further, It is the intention of the General
Assembly that the plan as developed by the Budget and Control
Board shall provide for merit increments at fixed percentage
levels. No merit increments shall be awarded to employees at or
above the maximum of their pay grades, and employees with less
than satisfactory performance shall not be eligible for merit
increments. It shall be the responsibility of the individual
agency to operate this program with funds available. Appropriated
funds may be used for merit increases only in the same ratio that
the employees' base salary is paid from appropriated sources.
**Vetoed by the Governor June 15, 1982 and overridden by the
General Assembly June 16, 1982.
Sec. 163. Notwithstanding any laws, rules, regulations or
practices to the contrary, it is the intent of the General
Assembly that where expenditures of state funds are reimbursed by
federal or other funds, except those received by the South
Carolina Department of Highways and Public Transportation, such
reimbursements shall be returned to the General Fund of the
State. The reimbursements referred to herein shall include, but
shall not be limited to those received under the provisions of
the Federal Social Services Block Grant program, various indirect
and overhead cost recoveries and certain "earned" funds. State
agencies receiving research and student loan indirect cost
recoveries are exempt from this provision, but must report the
intended use of these retained indirect cost recoveries to the
Governor's Office of Grants Services and the Joint Appropriations
Review Committee within 14 days following the receipt of the
award. It is the further intent of the General Assembly that the
Governor's Office of Grants Services, the Joint Appropriations
Review Committee, and the Budget and Control Board shall
continually monitor the activities of the various state agencies
to insure that the wishes of the General Assembly are carried
out.
Sec. 164. Reports published by the Legislative Audit Council
shall be reviewed by the appropriate subcommittee of the South
Carolina House Ways and Means Committee with the audited entity
and the Audit Council in order to prepare a plan of corrective
action for problems concerning the report.
Sec. 165. A. There is hereby created an Interim Legislative
Committee to study the current practices of licensing,
registration and regulation of those individuals engaged in the
transportation, handling, processing, storage, treatment, or
disposal of hazardous waste.
B. The committee shall consist of 9 members to be constituted
in the following manner: 3 members of the Senate to be appointed
by the President of the Senate; 3 members of the House of
Representatives to be appointed by the Speaker; and 3 members
from the State at Large to be appointed by the Governor. The
Committee shall organize as soon as practicable and elect a
chairman and such other officers as it may deem necessary.
C. The Committee shall conduct a thorough study of current
practices regarding licensing, registration and regulation of
those individuals engaged in the transportation, handling,
processing, storage, treatment or disposal of hazardous waste and
report to the General Assembly no later than February 1, 1983 its
recommendations for changes in existing law or regulations and
suggestions for additional statutory provisions. The Department
of Health and Environmental Control and the appropriate standing
committees of the General Assembly shall provide such information
and assistance to the Committee as needed.
D. The members of the Committee shall be allowed the usual per
diem, travel and subsistence expenses as provided by law for
members of Boards, Committees, and Commissions. Expenses for
legislative members shall be paid from the approved accounts of
their respective bodies and gubernatorial appointees shall be
paid from funds available to the Governor's office.
Sec. 166. The Public Service Authority, the Ports Authority,
and the Railways Commission shall submit their proposed itemized
budgets to the Budget and Control Board and the House Ways and
Means Committee during the period of budget preparation for the
next fiscal year. The provisions of this section shall be
effective beginning April 1, 1983.
Sec. 167. No aircraft will be purchased for any state agency
without the authorization of the State Budget and Control Board
Joint Bond Review Committee.
Sec. 168. All agencies, excluding the Department of Highways
and Public Transportation and the South Carolina Law Enforcement
Division, shall enter into a lease agreement with the Department
of Motor Vehicle Management to replace, as necessary, all
State-owned passenger vehicles. This procedure shall be
implemented beginning June 30, 1983.
End of Part I
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 Transfer Funds From the Unclaimed Property Fund to the
General Fund.
Effective July 1, 1982, the sum of $2,976,432 shall be
transferred to the general fund of the State from the Unclaimed
Property Fund as established under the provisions of Chapter 17
Title 27, of the 1976 Code.
SECTION 3
To Amend Section 9-1-300, as Amended, Code of Laws of South
Carolina, 1976, Relating to Appropriations for Salaries and
Expenses of the Budget and Control Board's Retirement Division,
so as to Delete Provisions Relating to Expenses of the Division
to be Paid from Annual General Appropriations of the State; and
to Amend the Code by Adding Section 9-1-310 so as to Provide that
the Administrative Costs shall be Funded from Interest Earnings
of Each of the Retirement Systems for State Employees or
Officials.
A. Section 9-1-300 of the 1976 Code is amended by striking the
last sentence. 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."
B. The 1976 Code is amended by adding:
"Section 9-1-310. The administrative cost of the South Carolina
Retirement System, the South Carolina Police Officers Retirement
System, the Retirement System for members of the General Assembly
of the State of South Carolina and the Retirement System for
Judges and Solicitors of the State of South Carolina shall be
funded from the interest earnings of the above systems. The
allocation of the administrative costs of the systems shall be
made by the Budget and Control Board and shall be based upon a
proration of such cost in proportion to the assets that each
system bears to the total assets of all of the systems for the
most recently completed fiscal year."
SECTION 4
To Amend Section 12-35-320, Code of Laws of South Carolina, 1976,
relating to Retail Licenses, so as to increase the Sales Tax
License Fees.
Section 12-35-320, of the 1976 Code, is amended to read:
"Section 12-35-320. Every person who shall engage in or
continue in any business as a retailer, as a condition precedent
to engaging or continuing in such business, shall obtain from the
Commission a retail license for each branch, establishment or
agency conducted by him and shall pay an annual license tax, in
addition to all other license fees charged, for each retailer and
each branch, establishment or agency of such retailer situated in
this State, in accordance with the following schedule:
First retailer $ 10.00
Second retailer 15.00
Third retailer 20.00
Fourth retailer 25.00
Fifth retailer 30.00
Sixth retailer 35.00
Seventh retailer 40.00
Eighth retailer 45.00
Ninth retailer 50.00
Tenth retailer 55.00
Eleventh retailer 60.00
Twelfth retailer 65.00
Thirteenth retailer 70.00
Fourteenth retailer 75.00
Fifteenth retailer 80.00
Sixteenth retailer 85.00
Seventeenth retailer 90.00
Eighteenth retailer 95.00
Nineteenth retailer 100.00
Twentieth retailer 105.00
Twenty-first retailer 110.00
Twenty-second retailer 115.00
Twenty-third retailer 120.00
Twenty-fourth retailer 125.00
Twenty-fifth retailer 130.00
Twenty-sixth retailer 135.00
Twenty-seventh retailer 140.00
Twenty-eighth retailer 145.00
Twenty-ninth retailer 150.00
Thirtieth retailer 155.00
And for each retailer in excess of thirty retailers, an annual
tax of one hundred and fifty-five dollars."
SECTION 5
To Require the Tax Commission to Annually Transfer all Surplus
Funds to the General Fund of the State from the Unclaimed
Property Account Established by Chapter 17, Title 27 of the 1976
Code.
Subject to the reserve fund required to be maintained by
Section 27-17-90 of the 1976 Code, the Tax Commission shall
annually transfer all surplus funds to the general fund of the
State from the unclaimed property account established by Chapter
17 of Title 27 of the 1976 Code.
SECTION 6
To Amend the Code of Laws of South Carolina, 1976, by adding
Section 23-1-65 so as to Require Constables appointed without
Additional Compensation pursuant to the provisions of Section
23-1-60 to Pay a Nonrefundable Application or Renewal Fee of
Fifty Dollars.
The 1976 Code is amended by adding:
"Section 23-1-65. (A) Commencing January 1, 1983, When making
application for appointment, a nonrefundable fee of fifty dollars
shall be required of all state constables appointed without
additional compensation pursuant to the provisions of Section
23-1-60. Thereafter a fee of fifty dollars shall be paid with
each renewal application.
(B) The fee shall be paid to the clerk of court of the county
in which the applicant resides and a certified notice from the
clerk to the South Carolina Law Enforcement Division that the fee
has been paid shall accompany the initial application or the
renewal application. The clerk shall remit quarterly such fees to
the state treasurer to be credited to the general fund of the
State."
SECTION 7
To Amend the Code of Laws of South Carolina, 1976, by Adding
Section 1-11-75, so as to Authorize the State Budget and Control
Board to Charge a Fee to Applicants for Permits for Construction,
Dredging or Other Activity in Navigable Waters of the State.
The 1976 Code is amended by adding:
"Section 1-11-75. The State Budget and Control Board may charge
a fee to an applicant for a permit for any construction,
alteration, dredging, filling or other activity in navigable
waters of the State. If the project is commercial or industrial
and is in support of operations that charge for the production,
distribution or sale of goods or services, a fee of one hundred
dollars shall be charged. If the work is non-commercial in nature
and provides personal benefits that have no connection with a
commercial enterprise the fee shall be ten dollars.
The fees shall be forwarded to the State Treasurer for credit
to the General Fund of the State and shall be appropriated
annually to the State agency, Department or institution
designated by the Board to act on its behalf in processing,
investigating and recommending final action to be taken by the
Board on each permit application."
SECTION 8
To Amend the Code of Laws of South Carolina, 1976, by Adding
Section 59-101-185, 80 as to Grant Authority to State
Institutions of Higher Learning To Maintain Financial Management
and Accounting Systems and to Require them to Provide Information
to the Comptroller General.
The 1976 Code is amended by adding:
"Section 59-101-185. Authority to maintain financial management
and accounting systems is delegated to the Board of Trustees or
Boards of Visitors of the following State institutions of higher
learning: The University of South Carolina, Clemson University,
The Medical University of South Carolina, The Citadel, Winthrop
College, S. C. State College, Francis Marion College, The College
of Charleston, and Lander College. Such systems shall provide
financial information to the Comptroller General's Statewide
Accounting and Reporting System (STARS) in the format and level
of detail as prescribed by the Comptroller General."
SECTION 9
To Amend Section 17 of Act 148 of 1981, Relating to the
Requirement of Payment for Goods or Services within Thirty Days
following Their Delivery by State Agencies, so as to provide that
Beginning January 1, 1983, Vouchers for Payment of Purchases of
Goods or Services shall be Delivered to the Comptroller General's
Office within Thirty Work Days and to Provide a Late Charge; to
Provide That Certain State Agencies shall Process all Payments
for Goods and Services through the Comptroller General's Office;
to Provide that Lump Sum Institutions of Higher Education and the
Department of Highways and Public Transportation shall be
Responsible for the Payment of Goods or Services within Thirty
Work Days after Receipt; and to Provide that the Comptroller
General shall Issue Instructions to Implement the Provisions of
this Section.
Section 17 of Act 148 of 1981 is amended to read:
"Section 17. (A) Beginning January 1, 1983, all vouchers for
payment of purchases of goods or services shall be delivered to
the Comptroller General's office within thirty work days from
receipt of the goods or services whichever is received later by
the agency. After the thirtieth work day, the Comptroller General
shall levy an amount not to exceed fifteen percent per annum from
the funds available to the agency, such amount to be applied to
the unpaid balance to be remitted to the vendor.
(B) All agencies and institutions of the State are required to
comply with the provisions of this section. Beginning July 1,
1983, the Department of Mental Health, the Department of Mental
Retardation, the Department of Corrections, the Interagency
Council on Public Transportation and the Sea Grant Consortium
shall process all payments for goods or services through the
Comptroller's Office. Only the lump sum institutions of higher
education and the Department of Highways and Public
Transportation shall be responsible for the payment of all goods
or services within thirty work days after the receipt of the
goods or services, whichever is received later and shall pay an
amount not to exceed fifteen percent per annum on any unpaid
balance which exceeds the thirty work day period.
(C) The Comptroller General shall issue written instructions to
the agencies to carry out the intent of this section. All
offices, institutions, and agencies of state government shall
fully cooperate with the Comptroller General in the
implementation of this section.
(D) The thirty day period shall not begin until the agency,
whether or not the agency processes vouchers through the
Comptroller General, certifies its satisfaction with the received
goods for services."
SECTION 10
To Establish Responsibility for the Monitoring of the Striped
Bass Fishery in the Wateree-Santee Riverine System.
The Department of Health and Environmental Control, in
conjunction with the Department of Wildlife and Marine Resources
shall, from the funds appropriated in the General Appropriation
Act, monitor the striped bass fishery in the Wateree-Santee
riverine system.
Both Departments shall have oversight responsibility for any
studies which may be required as a condition of a DHEC permit.
SECTION 11
To Provide that Organizations Receiving Contributions in the
Contributions Section of the General Appropriations Bill shall
Submit Certain Information to the Budget and Control Board
Concerning the Nature of the Organization and the Use that Was
Made of the Contribution.
Each organization to which a contribution is made in the
Contributions section of the General Appropriations Bill shall
submit to the State Budget and Control Board by the end of the
applicable fiscal year a detailed statement explaining the nature
and function of the organization as well as a detailed statement
explaining the use that was made of such contribution. The
statements shall be available at the office of the Budget and
Control Board for public inspection and shall be given to any
member of the General Assembly upon request.
No contribution shall be made to any organization until it
agrees in writing to allow the State Auditor to audit the funds
contributed.
SECTION 12
To Amend Sections 12-33-210, 61-6-80, 61-9-310, and 61-9-360,
Code of Laws of South Carolina, 1976, relating to Taxes
pertaining to Beer and Alcoholic Beverages, so as to Increase
Taxes on Licenses Granted under the Alcoholic Beverage Control
Act, Licenses to Sell Alcoholic Beverages in Containers of Two
Ounces or Less, Permits to Sell Beer, Ale, Porter, or Wine, or
Similar Beverages and Special Fifteen-Day Beer Permits.
A. Section 12-33-210 of the 1976 Code is amended by adding at
the end the following paragraph:
"Each applicant shall pay a filing fee of one hundred dollars
which shall accompany the initial application for each location
and which shall not be refundable."
B. Section 61-5-80 of the 1976 Code is amended by adding at the
end the following paragraph:
"Each applicant shall pay a filing fee of one hundred dollars
which shall accompany the initial application for each location
and which shall not be refundable."
C. Section 61-9-310 of the 1976 Code is amended to read:
"Section 61-9-310. Every person engaging in the business of
selling beer, ale, porter, wine or any beverage which has been
declared to be nonalcoholic and nonintoxicating under the
provisions of Section 6-9-10 shall apply to the South Carolina
Alcoholic Beverage Control Commission for a permit to sell such
beverages. Each applicant shall pay a filing fee of one hundred
dollars which shall accompany the initial application for each
location and which shall not be refundable. Retail dealers shall
pay to the Commission eighty dollars per annum for retail
permits, and wholesale dealers shall pay to the Commission one
thousand dollars per annum for wholesale permits. But retail
permits may be issued by the Commission for the sale of beer for
consumption off of the premises of the retailer for five dollars
per annum. Permits shall be issued for the State's fiscal year
upon the payment of the fees provided herein for a full year.
Separate permits shall be required for each separate place of
business."
D. Section 61-9-360 of the 1976 Code is amended to read:
"Section 61-9-360. The Commission may issue permits running for
a period not exceeding fifteen days for a fee of ten dollars per
day. Such special permits shall be issued only for locations at
fairs and special functions."
SECTION 13
To Amend Sections 23-31-120, as Amended, 40-17-30, as Amended,
40-17-40, 40-17-70, 40-17-80, as Amended, 40-17-120, Code of Laws
of South Carolina, 1976, Relating to Fees for Permits to carry
Pistols and for Licenses and Permits for Persons Engaged in the
Private Detective and Private Security Businesses so as to
Increase the Fees and Provide that Additional Revenue shall be
Paid to the General Fund.
A. Subsection (b) of Section 23-31-120 of the 1976 Code, as
last amended by Section 4 of Act 685 of 1976 is amended by
striking on line 17 "5" and inserting "30". When amended the
subsection shall read:
"(b) The division shall conduct such investigation of the
applicant as it deems necessary to determine his qualifications
to obtain a permit. All applicants shall successfully demonstrate
to the chief of the division or his designee their proficiency in
both the use of pistols and the State laws pertaining thereto, or
complete a training course conducted by the division to insure
that the applicant is competent in the use, safety techniques and
legal responsibilities related to the carrying and use of weapons
prior to the issuance of a permit. If the applicant is found at
that time not to be qualified for a permit and requests training,
a fee of fifty dollars shall be charged by the division for such
training and shall be paid to the division to be used to defray
the cost of such training. Any person determined by the chief of
the division to have had sufficient training from other sources,
or upon examination by the chief of the division, or his
designee, to be proficient in both the use of pistols and the
State laws relating thereto, shall not be required to complete
such training course. Fees and renewals thereof for permits shall
be thirty dollars payable to the division to defray the cost of
issuing such permits and renewals. Such permits shall be valid
for two years. The chief of the division shall establish
procedures for application for permits, the testing of applicants
and the issuance of permits and promulgate regulations therefor."
B. Item 5 of Section 40-17-30 of the 1976 Code, added to the
section by Section 8 of Act 685 of 1976 is amended by striking on
line 5 "thirty" and inserting "sixty". When amended the item
shall read:
"(5) To conduct training seminars for the purposes of training
individuals to be training officers and to train employees of or
applicants for employment with licenses to insure that they have
requisite knowledge and skills necessary to the detective and
private security business. The fee for attending such seminars
shall be sixty dollars and it shall be retained by the division
for the purpose of defraying the costs of conducting the
seminars."
C. Subsection (b) of Section 40-17-40 of the 1976 Code, is
amended by striking on lines 18 and 23 "five" and inserting
"twenty-five". When amended the subsection shall read:
"(b) Any person who is employed on January 1, 1974 by a person
or corporation, which person or corporation is engaged in the
private detective or private security business, and any person
who is employed by a person or corporation to do private security
work on the premises and in connection with the affairs of such
employer only shall make a verified application in writing to the
Division for registration. The application for registration shall
be made, under oath, on a form to be furnished by the Division.
The application shall state the applicant's full name, age, date
and place of birth, residences and employment within the past
five years and his present occupation with the names and
addresses of employers, the date and place of conviction of any
crime and such additional information as the Division requires.
Each applicant shall submit with the application one set of
fingerprints on forms specified and furnished by the Division and
one photograph in color, two inches wide by three inches high,
taken within six months prior to the application. Upon receiving
the application and a registration fee of twenty-five dollars,
the Division shall register the person and so notify the
employer. The employer shall notify the Division within five days
of the termination of employment of any registered employee. Such
registration shall be for one year and application for renewal
shall be on a form furnished by the Division.
Such person shall pay an annual registration fee of twenty-five
dollars with the renewal of such registration."
D. Subsection (b), (c) and (d) of Section 40-17-70 of the 1976
Code, are amended to read:
"(b) The license fee for conducting a private detective
business shall be an initial fee of two hundred dollars and for
renewal of any such license two hundred dollars per year.
(c) The license fee for conducting a private security business
shall be an initial fee of two hundred dollars and for renewal of
any such license two hundred dollars per year.
(d) The license fee for conducting both a private detective
business and a private security business shall be five hundred
dollars and the fee for renewal shall be five hundred dollars."
E. Item (b) of Section 40-17-80 of the 1976 Code, is amended by
striking on line 3 in both places "five" and inserting
"twenty-five". When amended the item shall read:
"(b) The registration fee for an employee registered in
accordance with the provisions of subsection (a) shall be an
initial fee of twenty-five dollars, and for renewal of any such
registration, twenty-five dollars per year."
F. Subsection (a) of Section 40-17-120 of the 1976 Code is
amended by striking on line 5 "two" and inserting "twenty". When
amended the subsection shall read:
"(a) The Division may grant to any person licensed or
registered in accordance with the provisions of this chapter a
permit to carry a pistol or revolver or other firearm.
Application for such permit shall be made on forms provided by
the Division and the fee shall be twenty dollars per annum. Such
permit shall be for one year and application for renewal shall be
on a form furnished by the division. Such permit shall not be
transferable."
(G) Notwithstanding any other provision of law, any additional
revenue resulting from an increase in fees, as provided in
Sections 23-31-120, 40-17-30, 40-17-40, 40-17-70, 40-17-80 and
40-17-120 of the 1976 Code shall be deposited to the credit of
the General Fund.
SECTION 14
To Amend Sections 52-15-10, 52-15-210, as Amended, and
52-15-250, Code of Laws of South Carolina, 1976, all Relating to
Coin-Operated Machines and Devices and Other Amusements, so as to
Make Lawful the Use of In-Line Pin Games and Video Games, to
Alter the License Tax for Certain Coin Operated Devices and
Provide that no Municipality may Limit the Number of Machines
within the Boundaries of the Municipality, and to Increase the
License Fee for the Operation of Billiard or Pocket Billiard
Tables for Profit; and to Amend the 1976 Code by Adding Section
52-15-245 so as to Impose a Business Privilege License on Persons
who Lease or Own Locations where Amusement Machines are Operated,
to Provide a Temporary Permit, to Define Location, and to Provide
Penalties.
A Section 52-15-10 of the 1976 Code is amended by adding after
"tables" on line ten ", in-line pin games and video games". The
section when amended, shall read:
"Section 52-15-10. It shall be unlawful for any person to keep
on his premises or operate or permit to be kept on his premises
or operated within this State, any vending or slot machine, punch
board, pull board, or other device pertaining to games of chance
of whatever name or kind including such machines, boards, or
other devices that display different pictures, words, or symbols,
at different plays or different numbers, whether in words or
figures or, which deposit tokens or coins at irregular intervals
or in varying numbers to the player or in the machines, but the
provisions of this section shall not extend to coin-operated
nonpayout pin tables, in-line pin games and video games with free
play feature or to automatic weighing, measuring, musical, and
vending machines which are so constructed as to give a certain
uniform and fair return in value for each coin deposited therein
and in which there is no element of chance.
Any person violating the provisions of this section shall be
subject to a fine of not more than five hundred dollars or
imprisonment in the State Penitentiary or upon the public works
of the county wherein the offense is committed for a period of
not more than one year or both fine and imprisonment, in the
discretion of the court."
B. Section 52-15-210 of the 1976 Code, as last amended by
Section 7 of Part II of Act 199 of 1979, is further amended to
read:
"Section 52-15-210. Notwithstanding any other provision of law,
every person who maintains for use or permits the use of, on any
place or premises occupied by him, any of the machines or devices
described below shall apply for and procure from the South
Carolina Tax Commission a license for the privilege of making use
of every such machine in South Carolina, and shall pay for such
license a tax of twenty-five dollars for each machine described
in item (1) below, one hundred dollars for each machine described
in item (2) below, and three hundred sixty-five dollars for each
machine described in item (3) below.
Municipalities may increase the amount charged as license for
the operation of such machines over the maximum amounts allowed
before March 28, 1956, by a sum not to exceed twenty percent;
provided, however, that no municipality may limit the number of
machines within the boundaries of the municipality.
(1) Any machine for the playing of music or kiddy rides
operated by a slot wherein is deposited any coin or thing of
value;
(2) Any machine for the playing of amusements or video games,
without free play feature operated by a slot wherein is deposited
any coin or thing of value; and any machine for the playing of
games or amusements, which has a free play feature, operated by a
slot wherein is deposited any coin or thing of value and such
machine is of the nonpayout pin table type with levers or
'flippers' operated by the player by which the course of the
balls can be altered or changed.
(3) Any machines of the nonpayout type, in-line pin game or
video game with free play feature operated by a slot wherein is
deposited any coin or thing of value except machines of the
nonpayout pin table type with levers or 'flippers' operated by
the player by which the course of the balls can be altered or
changed."
C. Section 52-15-250 of the 1976 Code is amended to read:
"Section 52-15-250. Every person owning or operating any
billiard or pocket billiard table for profit shall apply for and
procure from the Commission a license for the privilege of
operating such billiard or pocket billiard table and pay for such
license a tax of twenty-five dollars for each table owned or
operated.
The license provided in this section shall be valid for a
period of twelve months, including the month of issue,
notwithstanding the provisions of Section 52-15-300. Licenses
issued during 1967, before July 1, 1967, under the provisions of
Section 52-11-190, shall be valid for a period of twelve months,
including the month of issue, and appropriate licenses under the
provisions of Section 52-15-240 shall be issued without charge
upon application by the licensee."
D. The 1976 Code is amended by adding:
"Section 52-15-245. Each person who leases or owns a location
where ten or more machines, as defined by Section 52-15-210, are
located shall pay a license tax of one thousand dollars.
Provided, However, That the Commission may issue a temporary
license which shall not exceed ten consecutive days for which a
license tax of two hundred fifty dollars shall be required.
For the purposes of this section 'location' means one
individual building; provided, however, in Amusement Parks where
there is more than one (1) building within the Amusement Park
wherein machines are in use the subject of this section, and such
buildings are within one thousand (1000) feet of each other; then
such shall be determined as only one (1) location; provided
further, that all the machines in the location so defined must be
owned by the same person.
The license herein provided shall be in addition to all other
licenses. Every person subject to the licensing requirements of
this section shall, annually, in advance, on or before the first
day of July of each year, obtain a license for the privileges
previously mentioned. All such licenses shall expire on the
thirtieth day of June following date of issue. The application
for a license under this section shall be filed on blanks to be
furnished by the Commission. Any person required to obtain a
license by this section who shall fail to obtain such license
within the time provided shall be subject to a fine of not more
than five hundred dollars. The Commission may waive such a
penalty in whole or in part."
SECTION 15
To Amend the Code of Laws of South Carolina, 1976, by Adding
Article 11 to Chapter 35 of Title 12 so as to Provide for an
Excise Tax on Casual Sales of Motor Vehicles, Motorcycles, Boats,
Motors, or Airplanes, to Provide for Certain Penalties, and to
Provide that Subsection H of Section 12 of Part II of Act 617 of
1980 shall not Apply to the Enactment of this Section.
A. The 1976 Code is amended by adding to Chapter 35 of Title
12:
"ARTICLE 11
Tax on Casual Sales of Motor Vehicles, Motorcycles,
Boats, Motors, and Airplanes
Section 12-35-1710. (A) In addition to all other fees
prescribed by law, there is hereby levied an excise tax for the
issuance of every certificate of title or other proof of
ownership for every motor vehicle, motorcycle, boat, motor, or
airplane which is required to be registered, titled and licensed
by law upon which no sales or use tax has been paid on the
transaction necessitating the transfer. The tax shall be four
percent of the fair market value of the motor vehicle,
motorcycle, airplane, boat and motor. There shall be excluded
from the tax:
(1) Motor vehicles, motorcycles, boats, motors, or airplanes
which are:
(a) Transferred to members of the immediate family.
(b) Being transferred to a legal heir, legatee or distributee.
(c) Transferred from an individual to a partnership upon
formation of a partnership, or to a principal stockholder upon
formation of a corporation.
(d) Transferred to a motor vehicle or motorcycle dealer
licensed under Section 56-3-2310 for the purpose of resale.
(e) Transferred to a financial institution for the purpose of
resale.
(f) Transferred as a result of repossession to any other
secured party for the purpose of resale.
(2) The fair market value of a motor vehicle, motorcycle, boat,
motor, or airplane, transferred to the seller or secured party in
partial payment, and gross proceeds of transfers of motor
vehicles, motorcycles or airplanes specifically exempted by
Section 12-35-550 from the sales or use tax.
(B) The term 'fair market value' means the total purchase price
less any trade-in, or the valuation shown in a national
publication of used values adopted for use by the South Carolina
Tax Commission less any trade-in.
(C) The term 'total purchase price' means the price of a motor
vehicle, motorcycle, boat, motor, or airplane agreed upon by the
buyer and seller with an allowance for a trade-in if applicable.
(D) The term 'immediate family' means parents, children,
sisters, brothers, grandparents and grandchildren.
(E) The South Carolina Tax Commission shall require every
applicant for a certificate of title to supply information as it
deems necessary as to the time of purchase, the purchase price
and other information relative to the determination of fair
market value. If the excise tax is based upon total purchase
price as defined in this section, the South Carolina Tax
Commission shall require a submission of a bill or sale, sworn to
before a notary public, certified to be a true bill of sale.
(F) The excise tax levied by this section shall be collected by
the South Carolina Tax Commission and the proceeds shall be
deposited with the State Treasurer to be applied to the general
fund of the State.
(G) The South Carolina Department of Highways and Public
Transportation and the Aeronautics Commission, shall not issue a
license or transfer of title without first procuring from the
South Carolina Tax Commission information showing that such
excise tax, as provided for in this section, has been collected
on such motor vehicle, motorcycle or airplane. The Department of
Wildlife and Marine Resources shall not license any boat or
register any motor without first procuring from the South
Carolina Tax Commission information, showing that such excise tax
as provided in this section, has been collected on such boat or
motor.
Section 12-35-1720. The excise tax shall only be applied to the
last sale prior to the application for title.
Section 12-35-1730. Any person who wilfully or knowingly makes
a false statement for the purpose of avoiding all or a part of
the excise tax levied by this article or who assists any other
person to avoid all or a part of the excise tax levied by this
article shall be deemed guilty of a misdemeanor and, upon
conviction, shall be fined not less than one hundred dollars nor
more than three thousand dollars, or shall be imprisoned for not
less than thirty days nor more than one year, or both."
B. The provisions of Subsection H of Section 12 of Part II of
Act 517 of 1980 shall not apply to the enactment of this section.
SECTION 16
To Amend the Code of Laws of South Carolina, 1976, by Adding
Section 59-63-100 so as to Require all Net Funds Derived from
Auxiliary Enterprises in Institutions under the Supervision of
the State Board for Technical and Comprehensive Education to be
Expended by Institutions Subject to the Limitations that up to
Twenty Percent of the Net Funds shall be Spent for Promotional
Use and Eighty Percent of the Net Funds shall be Used for the
Institutions' Operational Expenses.
The 1976 Code is amended by adding:
"Section 59-53-100. All net funds derived from auxiliary
enterprises in an, institution under the supervision of the State
Board for Technical and Comprehensive Education shall be expended
by the institution subject to the following limitations: up to
twenty percent of the net funds/or $1,000 whichever is greater
may be expended specifically for promotional use and at least
eighty percent of the net funds shall be expended for the
institution's operational expenses. Provided, Further, That
promotional expenditures shall be in keeping with policies and
guidelines developed by the State Board for Technical and
Comprehensive Education."
SECTION 17
To Amend Section 12-35-550, as Amended, Code of Laws of South
Carolina, 1976, Relating to Exemptions from the Sales Tax, so as
to Exempt the Gross Proceeds from the Sale or Rental of Motion
Picture Film to or by Theaters.
Section 12-35-550 of the 1976 Code, as last amended by Section
30, Part II of Act 178 of 1981, is further amended by adding an
appropriately numbered item to read:
"( ) The gross proceeds from the sale or rental of motion
picture film to or by theaters."
SECTION 18
To Amend Section 29-3-50, Code of Laws of South Carolina, 1976,
Relating to Mortgages for Future Advances, so as to Delete
References to Liens on Crops, Truck, Fruits, and Chattels; to
Make the Provisions Apply to Real Estate; and to Provide that it
shall not be Necessary for a Mortgage to State as Part of the
Maximum Principal if the Recorded Mortgage Discloses that the
Interest or Discount is Deferred, Accrued, or Capitalized, the
Amount of Certain Interest or Discount Rates.
Section 29-3-50 of the 1976 Code is amended to read:
"Section 29-3-50. Any mortgage or other instrument conveying an
interest in or creating a lien on any real estate, securing
existing indebtedness or future advances to be made, regardless
of whether such advances are to be made at the option of the
lender, shall be valid from the day and hour when recorded so as
to affect the rights of subsequent creditors, whether lien
creditors or simple contract creditors, or purchases for valuable
consideration without notice to the same extent as if such
advances were made as of the date of the execution of such
mortgage or other instrument for the total amount of advances
made thereunder, together with all other indebtedness and sums
secured thereby, the total amount of existing indebtedness and
future advances outstanding at any one time may not exceed the
maximum principal amount stated therein, plus interest thereon,
attorneys' fees and court costs. It shall not be necessary that
any such mortgage state as part of the maximum principal the
amount of any deferred, accrued, or capitalized interest or
discount of any nature or kind, whether the rate of interest or
discount is fixed or variable pursuant to an alternative mortgage
loan transaction as defined in Section 37-1-301 (5), and the lien
of such mortgage as to all such interest or discount shall have
the same priority as the principal; provided, however, that the
recorded mortgage discloses that interest or discount will be
deferred, accrued, or capitalized."
SECTION 19
To Provide for Application Fees to be Paid to the South
Carolina Coastal Council.
A. The South Carolina Coastal Council may charge an
administrative fee upon application for a permit for alteration
of any critical area as defined in Act 123 of 1977. Applications
for permits which are noncommercial/nonindustrial in nature and
provide personal benefits that have no connection with a
commercial/ industrial enterprise shall be charged an
administrative fee not to exceed fifty dollars. A reasonable fee,
determined by the South Carolina Coastal Council, will be charged
for permit applications when the planned or ultimate purpose of
the activity is commercial or industrial in nature.
B. Any fees collected under this provision shall be forwarded
to the State Treasurer for credit to the general fund.
SECTION 20
To Provide that Equipment Leased by Charitable, not for Profit,
or Governmental Hospitals Shall be Deemed to be Owned by the
Hospital for Tax Purposes.
Equipment leased by and used in connection with the operation
of charitable, not for profit, or governmental hospitals shall,
for the purpose of ad valorem taxation, be deemed to be owned by
the hospital.
SECTION 21
To Require the Department of Consumer Affairs to Maintain a
File for each Creditor of all Rate Schedules Filed by the
Creditor; to Provide for the Sending of Certified Copies of Each
File; and to Provide Fees for Rate Schedules Filed and for
Certified Copies.
The Department of Consumer Affairs shall maintain a file for
each creditor containing the original and all revised rate
schedules filed by the creditor. A certified copy of each filing
showing the date and time that it was received shall be sent to
the creditor making the filing at the time of its receipt. A fee
of ten dollars for each rate schedule filed by a creditor shall
be payable to the Department of Consumer Affairs for its services
in maintaining the rate schedule files and providing one
certified copy of each rate filing to the creditor. Additional
certified copies of a filing shall be provided at a charge of
four dollars per copy.
SECTION 22
To Amend Act 517 of 1980, as Amended, the State General
Appropriation Act, 80 as to Provide that the Provisions of the
Act Regarding the Impact of Inflation on Income Tax Revenues
Shall Apply to all Taxable Years Beginning After December 31,
1982, Instead of December 31, 1981.
Subsection E of Section 23 of Part II of Act 517 of 1980 is
amended to read:
"E. The provisions of this section shall be applicable to all
taxable years beginning after December 31, 1982."
SECTION 23
To Amend Sections 9-1-1540 and 9-11-80, as Amended, Code of
Laws of South Carolina, 1976, Relating to Retirement Systems, and
by Adding Section 9-9-68 so as to Provide that the South Carolina
Retirement System, Retirement System for Members of the General
Assembly and the Police Officers' Retirement System may Contract
with the Department of Vocational Rehabilitation for Services
Relative to Members of such Systems Retiring on Disability.
A. Section 9-1-1540 of the 1976 Code, as last amended by Act
102 of 1979, is further amended by adding the following paragraph
at the end:
"The South Carolina Retirement System may contract with the
Department of Vocational Rehabilitation to evaluate the medical
evidence submitted with the disability application relative to
the job being performed and make recommendations to the medical
board. The medical board may approve a disability retirement
subject to the member participating in vocational rehabilitation
with the Department of Vocational Rehabilitation. Upon
determination by the department that a member retired on
disability is able to reenter the job market and work is
available, the Retirement System may adjust the benefit paid by
the System in accordance with Section 9-1-1580, 9-1-1590, 9-9-60,
and 9-11-90."
B. Subsection (1) of Section 9-11-80 of the 1976 Code is
amended by adding the following paragraph at the end:
"The South Carolina Retirement System may contract with the
Department of Vocational Rehabilitation to evaluate the medical
evidence submitted with the disability application relative to
the job being performed and make recommendations to the medical
board. The medical board may approve a disability retirement
subject to the member participating in vocational rehabilitation
with the Department of Vocational Rehabilitation. Upon
determination by the Department that a member retired on
disability is able to reenter the job market and work is
available, the Retirement System may adjust the benefit paid by
the System in accordance with Sections 9-1-1580, 9-1-1590,
9-9-60, and 9-11-90."
C. The 1976 Code is amended by adding:
"Subsection 9-9-68. The South Carolina Retirement System may
contract with the Department of Vocational Rehabilitation to
evaluate the medical evidence submitted with the disability
application relative to the job being performed and make
recommendations to the medical board. The medical board may
approve a disability retirement subject to the member
participating in vocational rehabilitation with the Department of
Vocational Rehabilitation. Upon determination by the Department
that a member retired on disability is able to reenter the job
market and work is available, the Retirement System may adjust
the benefit paid by the System in accordance with Sections
9-1-1580, 9-1-1590, 9-9-60, and 9-11-90."
SECTION 24
To Amend Section 31 of Part II of Act 178 of 1981, Relating to
New Positions in State Agencies, so as to Provide that Copies of
the Analysis of Change Prepared by the State Auditor at each
Stage of Consideration of the General Appropriation Bill Shall be
Furnished to any Member of the Body Presently Considering the
Bill upon his Request.
Subsection B of Section 31 of Part II of Act 178 of 1981 is
amended by striking on line 2 "each" and inserting "any" and
inserting on line 3 after "bill" ", upon his request,". When
amended the subsection shall read:
"B. At each stage of consideration of the General Appropriation
Bill the State Auditor shall provide any member of the body
presently considering the Bill, upon his request, a copy of the
Analysis of Change which details changes in appropriations by
agency as of the most recent legislative action."
SECTION 25
To Require the Budget and Control Board to Provide Insurance
Relative to Data Processing and Telecommunications Facilities.
The Budget and Control Board, through its Insurance Reserve
Fund, shall provide insurance against the accidental or
deliberate destruction of data processing and telecommunications
facilities operated by the State. The insurance shall
specifically include replacement cost of hardware and software
systems and specialized environmental systems and shall also
provide for an alternate processing location should replacement
or repair of the original processing location exceed ten calendar
days.
SECTION 26
To Authorize the Division of General Services of the State
Budget and Control Board to License for Public Sale Publications
and Materials Developed During the Division's Activities.
The Division of General Services of the State Budget and
Control Board may license for public sale publications and
materials pertaining to training programs and information
technology products which are developed during the normal course
of the Division's activities. Such items shall be licensed at
such reasonable costs as are established in accordance with the
cost of the items. All proceeds from the sale of the publications
and materials shall be placed in a revenue account and expended
for the cost of providing such services.
SECTION 27
To Amend Act 178 of 1981, as Amended, the State General
Appropriation Act, so as to Authorize the Division of General
Services to Purchase Medical Equipment for the Purpose of
Renting, Leasing, or Resale to Boards, Commissions, Institutions
and Agencies of State Government, and to Permit the Division to
Borrow up to Twenty-Five Million Dollars from the State Insurance
Reserve Fund for Purchases of Certain Equipment.
A. Subsection A of Section 19, Part II, of Act 178 of 1981 is
amended to read:
"A. The Division of General Services is authorized to purchase
office equipment, telecommunications equipment, medical
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. Subsection B of Section 19, Part II, of Act 178 of 1981 is
amended to read:
"B. For the purpose of carrying out the provisions of
subsection A, the Division of General Services may borrow up to
twenty-five million dollars from the State Insurance Reserve Fund
at an interest rate of eight percent per annum."
SECTION 28
To Amend the 1976 Code by Adding Section 6-9-110 so as to
Provide that no Local Ordinance Prescribing Building Standards or
Prescribing Fees Therefore shall Apply to Certain State Projects.
The 1976 Code is amended by adding:
"Section 6-9-110. Notwithstanding any other provision of law,
no county, municipal or other local ordinance, rule or regulation
which prescribes building standards shall be construed to apply
to any State department, institution or agency permanent
improvement project, construction project, renovation project, or
property except as permitted by Act 653 Of 1976. In no event
shall any county, municipal or other local ordinance, rule or
regulation which requires the purchases or acquisition of a
permit, license or other device utilized to enforce any building
standard be construed to apply to any State department,
institution or agency permanent improvement project, construction
project, renovation project or property. Nothing in this section
shall prohibit local building officials from making inspections
on state-owned buildings when such inspections are mutually
agreed to by the local building official and the state agency
responsible for such building."
SECTION 29
To Amend the Code of Laws of South Carolina, 1976, by Adding
Section 11-9-661 so as to Permit the State Treasurer to Invest in
Repurchase Agreements when Collateralized by Securities as Set
Forth in Section 11-9-660.
The 1976 Code is amended by adding:
"Section 11-9-661. The State Treasurer may invest in repurchase
agreements when collaterialized by securities as set forth in
Section 11-9-660."
SECTION 30
To Amend Section 26-3-10, as Amended, Code of Laws of South
Carolina, 1976, Relating to the South Carolina State Guard, so as
to Delete the Proviso that no State Funds Shall be Expended
Unless the State Guard is Called into Active Duty.
Section 25-3-10 of the 1976 Code, as last amended by Act 145 of
1981, is further amended to read:
"Section 25-3-10. A South Carolina State Guard is hereby
established. Such force shall be additional to and distinct from
the National Guard and shall be known as the South Carolina State
Guard. The Adjutant General shall organize and maintain within
the State, under such regulations as the Secretary of the Army
may prescribe for discipline and training, the South Carolina
State Guard with such table of organization and equipment as the
Adjutant General may deem necessary.
SECTION 31
Vetoed by the Governor.
SECTION 32
To Amend the Code of Laws of South Carolina, 1976, by Adding
Section 61-9-345 so as to Require a License Fee to be Paid to the
Alcoholic Beverage Control Commission for Driver-Salesmen or
Warehouse Salesmen of Beer in the Amount of Twenty-Five Dollars.
A. The 1976 Code is amended by adding:
"Section 61-9-345. Any person who acts on behalf of a
wholesaler to solicit order for, or to promote the sale of, beer
for such wholesaler shall make a verified application to the
South Carolina Alcoholic Beverage Control Commission for a permit
prior to entering upon the performance of his duties as such and
shall pay a filing fee of twenty-five dollars. The required fee
shall accompany the application. A permit must be obtained for
salesmen stationed at the wholesaler's warehouse as well as route
salesmen. A permit shall be issued on a calendar year basis and
must be renewed annually upon verified application. An
examination shall not be required. The application will not be
granted unless the applicant affirms that he is familiar with the
laws of this State regulating the sale of beer, and the
Commission shall have the power to impose a penalty for the
violation by the holder of any such permit of any law or
regulation of this State governing the sale of beer in the amount
not to exceed five hundred dollars at the discretion of the
Commission and may be waived in whole or in part."
B. The provisions of this section shall be effective beginning
January 1, 1983.
SECTION 33
To Amend Section 12-43-220, as Amended, Code of Laws of South
Carolina, 1976, Relating to Equalization and Reassessment of
Property Taxes, so as to Provide that Agricultural or Forest
Lands Within Certain Easements Shall be Assessed as Soil Class 7.
Section 12-43-220 of 1976 Code, as last amended by Act 199 of
1979, is further amended by adding at the end the following
paragraph:
"Provided, however, all agricultural or forest land within
easements granted to public bodies, agencies, railroads, or
utilities for rights of way of thirty feet in width or greater
shall be assessed at the same cropland value per acre as soil
class 7 in schedule 1 of R 117-126 of the State Tax Commission.
In order to receive such assessment the landowner must apply to
the tax assessor of the county where the easement is located,
with documentation of the existence, location, and amount of
acreage contained in the easement."
SECTION 34
To Fix the Salaries of Constitutional Officers and the
Commissioner of Agriculture for the Term Beginning in 1983.
Effective on the day they assume office in 1983 and continuing
for their elected terms of office, the annual salaries of the
state officers listed below, who are elected in the general
election in 1982, shall be:
Governor $60,000
Lieutenant Governor 35,000
Secretary of State 55,000
State Treasurer 55,000
Attorney General 55,000
Comptroller General 55,000
Superintendent of Education 55,000
Adjutant General 55,000
Commissioner of Agriculture 55,000
SECTION 35
To Amend the Code of Laws of South Carolina, 1976, By Adding
Sections 12-21-2580 through 12-21-2620 so as to Provide for the
Requirements of Sponsoring Bingo Games, Require an Annual License
and an Admissions Tax for Such Games, Provide for the Bonding of
the Operation of Bingo Games, and to Provide that the Revenue
Derived from the Provisions of Sections 12-21-2590 and 12-21-2600
shall be Deposited with the State Treasurer to be Credited to the
General Fund of the State.
The 1976 Code is amended by adding:
Section 12-21-2580. For the purpose of Sections 12-21-2590
through 12-21-2620, the definitions as defined in Act 496 of 1980
shall apply.
Section 12-21-2590. It shall be unlawful for any person or
organization to conduct the game of bingo where prizes of cash or
merchandise of value are awarded without first obtaining an
annual license to conduct such games. Such license shall be in
addition to any other license required by law. No person or
organization shall be issued a license that does not meet the
qualifications as set forth in Act 496 of 1980. No license shall
be issued unless such person or organization is in compliance
with all county or municipal ordinances in regard to bingo. Such
license shall be obtained from the South Carolina Tax Commission
in accordance with the following schedule:
(a) Any person or organization operating a bingo game and such
prizes are in excess of four thousand dollars per session shall
obtain an annual Class A license at the cost of one thousand
dollars per year. The holder of a Class A license shall not
conduct more than one bingo session per month.
(b) Any person or organization operating a game of bingo, whose
prizes do not exceed four thousand dollars per session, and no
more than one thousand dollars per session, may be offered in the
form of a jackpot, and all regular game prizes shall not exceed
one hundred fifty dollars must obtain an annual Class B license
from the South Carolina Tax Commission at the cost of five
hundred dollars per year. The holder of a Class B license is
restricted to a maximum of three sessions per week.
(c) Any person or organization operating a game of bingo and
who offers merchandise prizes or cash prizes of twenty dollars or
less per game, and no more than three hundred dollars per session
may be offered in the form of a jackpot, shall obtain a Class C
license from the South Carolina Tax Commission at no cost.
(d) Any person or organization desirous of conducting the game
of bingo at a recognized state or county fair which offers a
prize of no more than fifty dollars in mechandise shall obtain a
temporary Class D license from the South Carolina Tax Commission
at a cost of one hundred dollars for a period not in excess of
ten days, or two hundred dollars for a period in excess of ten
days.
(e) Any organization which has a game of bingo and operates
exclusively by bona fide members thereof, who are residents of
this State and who do so on a strictly volunteer non-paid basis,
and whose gross bingo proceeds not to exceed $5,500 per month,
and where prizes do not exceed $4,000 per session and no more
than $1,000 per session is offered in the form of a jackpot and
all regular bingo prizes do not exceed $100, must obtain an
annual Class E license from the South Carolina Tax Commission at
the cost of $500 per year. The holder of a Class E license is
restricted to a maximum of one session per week. If such gross
bingo proceeds for any month do exceed $5,500, the person or
organization shall within ten days be required to obtain a Class
B license from the South Carolina Tax Commission and thereafter
must comply with all requirements of a Class B license.
In addition to the qualifications listed in Act 496 of 1980, no
license shall be issued to any charitable, religious, or
fraternal organization that has not been domiciled in South
Carolina for at least three years. Any organization may apply for
any of the types of licenses, but cannot hold more than one
license at any one time. Once issued, the organization must
function under the regulations of that license for a period of
not less than one year, except Class D licenses, from the date of
issuance.
Section 12-21-2600. (a) The holder of a Class A license shall
be required to charge an admissions tax of three dollars per
bingo player per session.
(b) The holder of a Class B license shall be required to charge
an admissions tax of one dollar per bingo player per session.
The holder of Class A and Class B licenses shall issue to each
bingo player a special ticket and such tickets must be approved
by the South Carolina Tax Commission. Such tickets must clearly
state the amount of admissions tax paid. The holder of Class D
and Class E licenses shall be subject to the admissions tax as
imposed in Section 12-21-2420.
Section 12-21-2610. The holder of a Class A, Class B, Class D
and Class E license shall be subject to the bonding requirements
as defined in Section 12-21-2510.
Section 12-21-2620. Notwithstanding the provisions of
subsection A of Section 5 of Part II of Act 644 of 1978, the
annual revenue derived from the provisions of Sections 12-21-2590
and 12-21-2600 which are collected from bingo games within the
State of South Carolina shall be deposited with the State
Treasurer to be credieed Carolina shall be deposited with the
State Treasurer to be credited
SECTION 36
To Amend the Code of Laws of South Carolina, 1976, by Adding
Section 47-19-165, So As to Provide for the Inspection of Pigeons
Under the Provisions of Laws relating to Inspection of Poultry
and to Repeal Section 15.2 of Act 344 of 1969 Relating to
Inspection of Pigeons and Quail.
A. The Code of Laws of South Carolina, 1976, is amended by
adding:
"Section 47-19-165. The provisions of this chapter shall also
apply to pigeons, either live or dead, and when the term
'poultry' is used in this act it shall be construed to include
pigeons unless the context clearly indicates otherwise."
B. Section 15.2 of Act 344 of 1969 is repealed.
SECTION 37
To Allow State Employees to Use Sick or Annual Leave on a
Pro-Rata Basis in Conjunction with Workers' Compensation.
Notwithstanding any other provision of law, in the event of an
accidental injury arising out of and in the course of employment
with the State, an employee may elect to use sick or annual leave
on a pro-rata basis in conjunction with Workers' Compensation
benefits awarded in accordance with Title 42 of the 1976 Code. No
employee shall receive pro-rated leave in conjunction with
Workers' Compensation benefits that would provide a higher net
income than the employee was receiving from the State at the time
of the accidental injury.
SECTION 38
To Provide that Court Reporters Shall Only be Subject to
Removal by the Judge to Whom the Reporter is Assigned or the
Judicial Department and to Provide for the Filling of Vacancies.
Notwithstanding any provisions of law to the contrary, all
court reporters employed by the Judicial Department shall be
subject to removal by the judge or the Judicial Department only
for just cause. In the event that a vacancy occurs in a circuit
or family court judgeship, the judge who fills the vacancy shall
not be empowered to replace the court reporter previously hired
by his predecessor. The judge may hire a court reporter when a
vacancy occurs in the court reporter's position.
SECTION 39
To Provide that No Additional Millage shall be Levied as an
Inflationary Factor under the Provisions of any Equalization or
Reassessment Program Pursuant to the Provisions of Chapter 43 of
Title 12 of the 1976 Code.
Notwithstanding any other provision of law, no additional
millage shall be levied as an inflation factor under the
provisions of any equalization or reassessment program pursuant
to the provisions of Chapter 43 of Title 12 of the 1976 Code.
SECTION 40
Vetoed by the Governor.
SECTION 41
To Amend Sections 9-1-1790 and 9-11-90, Both as Amended, 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.
A. Section 9-1-1790 of the 1976 Code, as last amended by
Section 33, Part II, of Act 178 of 1981, is further amended by
striking "five thousand five hundred" where it appears in the
section and inserting "six thousand". 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 six thousand
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 six
thousand 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 33, Part II, of Act 178 of 1981, is further
amended by striking "five thousand five hundred" where it appears
in the section and inserting "six thousand". 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 six thousand
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 six
thousand 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."
SECTION 42
To Amend Article 33, Chapter 5 of Title 56, Code of Laws of
South Carolina, 1976, Relating to the Size, Weight and Load
Limits for Vehicles Using the Public Roads and Highways, by
Adding Section 56-5-4205 so as to Provide for Annual or Open End
Permits to Haul Oversize Loads and Vehicles, Oversize Mobile
Homes, Modular Home Units, Utility Buildings and Steel Tanks and
Prescribe conditions Therefor and Provide That the Transporter
Shall be Liable for Damage.
Article 33, Chapter 5 of Title 56 of the 1976 Code is amended
by adding:
"Section 56-5-4205. The Department may, under such terms as in
the judgment of the Department may be in the public interest for
safety on the highways, issue open end or annual permits for
moving oversize loads and vehicles, oversize mobile homes,
modular home units, utility buildings and steel tanks, pursuant
to Sections 56-5-4180, 56-5-4190, and 56-5-4200. All heights
shall not exceed fourteen and one-half feet and the owner of any
such transporter shall be responsible for any damage which may
occur."
SECTION 43
To Provide for the Disposition of Funds Appropriated for
Counties without Public Defender Corporations which have not been
Exhausted by the End of Each Fiscal Year.
At the end of each fiscal year all funds appropriated for
counties without public defender corporations which have not been
exhausted shall be combined into one fund and any and all claims
of private appointed counsel in other counties remaining unpaid
by virtue of the exhaustion of appropriated funds in those
respective counties shall be paid on a pro rata basis until such
fund is exhausted or until all claims are satisfied. After
payment of the above, any funds remaining at the end of a fiscal
year maintained by the Judicial Department shall revert to the
general fund of the State at the end of that fiscal year.
SECTION 44
To Provide a More Effective System for Projecting and
Forecasting State Revenues and Expenditures; to Create the Board
of Economic Advisors and Provide for its Powers and Duties.
(1) The General Assembly finds and declares that the present
system of advising the Budget and Control Board and General
Assembly on Economic Trends has, at times, developed in a
fragmented manner, and that a unified system of dealing with the
collection, analysis, interpretation, and presentation of matters
relative to the economy is urgently needed for the orderly
development of projections and forecasts as relates to revenues
and expenditures for a specified period of time. It is the
purpose of this provision to establish an organizational and
procedural framework governing formulation, evaluation and
continuing review of all state revenues and expenditures for all
state programs; and to establish general policy governing the
administration of the Office of The Board of Economic Advisors.
(2) In order to provide a more effective system of providing
advice to the Budget and Control Board and the General Assembly
on Economic Trends, the Board of Economic Advisors shall:
(1) compile and maintain in a unified, concise, and orderly
form information about total revenues and expenditures which
involve the funding of state government operations, revenues
received by the state which comprise general revenue sources of
all receipts to include amounts borrowed, federal grants,
earnings, and the various activities accounted for in other
funds;
(2) continuously review and evaluate total revenues and
expenditures to determine the extent to which they meet fiscal
plan forecasts/ projections;
(3) evaluate federal revenues in terms of impact on state
programs;
(4) compile economic, social, and demographic data for use in
the publishing of economic scenarios for incorporation into the
development of the state budget;
(5) bring to the attention of the Governor the effectiveness,
or lack thereof, of the economic trends and the impact on
statewide policies and priorities;
(6) establish liaison with the Congressional Budget Office and
the Office of Management and Budget at the national level.
(3) There is created The Board of Economic Advisors as follows:
(1) One member, not a state employee, appointed by the Budget
and Control Board.
(2) Chairman of the State Tax Commission.
(3) Director of the Research and Statistical Services
Division, Budget and Control Board.
(4) Chief Economist, Division of Research and Statistical
Services.
The Chairman of the Board of Economic Advisors shall report
directly to the Governor to establish policy governing economic
trends. The Office of the Board of Economic Advisors shall be
staffed on a permanent basis within the Research and Statistical
Services Division, Budget and Control Board. The office of the
Executive Director, Budget and Control Board shall provide any
additional administrative and logistical support that may be
required for the Advisors to carry out the provisions of this
section. The Executive Director of the Budget and Control Board
shall assist the Governor and the Chairman of the Board of
Economic Advisors in providing an effective system for compiling
and maintaining current and reliable economic data.
(4) In the organizational and procedural framework governing
the formulation, evaluation and continuing review of revenues and
expenditures, any appropriate governmental entity identifying or
requesting a change in the official revenue and expenditure
forecast or projection, for a specified period of time, shall
first notify the office of the Chairman of the Board of Economic
Advisors who must bring it to the attention of the Governor prior
to any independent adjustment in the appropriations or requests
of the revenue or expenditures for a particular year. The Ways
and Means Committee in the House of Representatives and the
Senate Finance Committee shall be the first to be notified
subsequent to notifying the Governor and shall be informed
simultaneously.
The Board of Economic Advisors shall formally meet regularly in
the fall and spring of the year. Other meetings may be at the
call of the Governor, the General Assembly, or the Chairman of
the Board.
The Board of Economic Advisors is the official voice of the
State in economic matters and shall speak as one voice through
the guidance and direction of the Chairman. Individual members
shall not speak or report individually on findings and status of
economic developments.
(5) Information contained in any economic report, scenario,
forecast, or projection relating to the State Treasurer's office
must be verified by the State Treasurer prior to announcement.
(6) Expenditure schedules used in conjunction with any economic
announcements must be verified by the Comptroller General prior
to publication.
(7) The Executive Director of the Budget and Control Board
shall insure an orderly transfer of funds between offices to
provide for the execution of this section."
SECTION 45
To Amend Section 40-66-10, as Amended, Code of Laws of South
Carolina, 1976, Relating to the State Board of Pyrotechnic
Safety, so as to Provide That the Board Shall Elect a Vice
Chairman and such other Officers as it may deem Necessary.
Section 40-56-10 of the 1976 Code, as last amended by Section 5
of Act 519 of 1980, is further amended by striking the third
sentence and inserting: "The board shall elect from its members a
chairman, vice chairman, and such other officers as it may deem
necessary to serve for terms of one year and until their
successors are elected and qualify." The section when amended
shall read:
"Section 40-56-10. There is created the State Board of
Pyrotechnic Safety 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 appointed by the Governor, of whom one shall be a fireman, one
shall be a pyrotechnics retailer, and two shall be members of the
public who shall not possess any pecuniary interest in any entity
engaged in a business directly involving the sale of
pyrotechnics. The board shall elect from its members a chairman,
vice chairman, and such other officers as it may deem necessary
to serve for terms of one year and until their successors are
elected and qualify. 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 the general fund
of the State.
The General Services Division of the Budget and Control Board
shall supervise the enforcement of the laws and regulations of
the State Board of Pyrotechnic Safety and shall employ and
supervise personnel necessary to carry out the duties of this
Board.
SECTION 46
To Amend Section 12-0-310, as Amended, of the 1976 Code,
Relating to Withholding Agents and Withholdings, so as to Provide
that Seven Percent of the Total Amount of Bingo Winnings of Five
Hundred Dollars or More Paid to Residents of this State shall be
Withheld.
Item (2) of Section 12-9-310 of the 1976 Code is amended to
read:
"(2) Making payments to a nonresident of rentals or royalties
at the rate of eight hundred dollars or more per year for the use
of or for the privilege of using property in this State, or
making payments of prizes or winnings to a nonresident, shall
withhold seven percent of the total amount of each payment;
provided, however, that in regard to bingo prizes or winnings
paid to residents of this State, seven percent of the total
amount of each payment of five hundred dollars or more shall be
withheld."
SECTION 47
To Prohibit Bingo Licensees from Leasing, Selling, or Lending
its License to Conduct Bingo Games to any Other Person and to
Provide that no Such Licensee shall Employ in the Operation of
Bingo Games any Person who has Been Convicted of Crimes Involving
Gambling, Gaming, or Moral Turpitude; and to Provide Penalties.
A. Notwithstanding any other provision of law:
1. No licensee shall lease, rent, sell, lend, or exchange in
any manner to any other person, persons, organization,
corporation, or other entity, its license to conduct bingo games
issued as provided by law;
2. No licensee shall employ or cause to be employed in the
operation or conduct of the games of bingo any person or persons
who have been convicted of violation of any State or federal
statute relating to gambling or gaming or any crime involving
moral turpitude.
B. The Tax Commission shall upon proper showing revoke the
license of any licensee who conducts his bingo operation or games
in violation of any provision of this section. Revocations of
licenses for a first violation shall be for one calendar year and
revocations for any subsequent violations shall be permanent."
SECTION 48
To Amend Section 12-7-90, as Amended, Code of Laws of South
Carolina, 1976, Relating to Income Taxes, so as to Provide that
the Excise Tax on Certain Defined Contribution Plans Defined
Benefit Plans, and Individual Retirement Accounts shall not be
Assessed.
Section 12-7-90, as last amended by Section 16, Part II of Act
199 of 1979, is further amended by adding at the end:
"Notwithstanding any other provision of law, the excise tax
provided for the excessive contributions to Defined Contribution
Plans, Defined Benefit Plans, and Individual Retirement Accounts,
shall not be assessed on those plans that meet Federal
requirements, but exceed South Carolina Income Tax requirements."
SECTION 49
To Amend Section 46-13-80, as Amended, Code of Laws of South
Carolina, 1976, Relating to Expiration and Renewal of Licenses of
Pesticide Dealers, so as to Provide That if Any License is not
Renewed by the End of the Calendar Year Following its Expiration
the Licensee Shall be Required to Take Another Examination.
Section 46-13-80 of the 1976 Code, as last amended by Act 384
of 1980, is further amended by striking on line ten "May first of
each year" and inserting "the end of the calendar year following
its expiration". When amended the section shall read:
"Section 46-13-80. All licenses provided for in this chapter
shall expire on December thirty-first of the year dated to expire
and any person holding a current valid license may renew such
licenses upon payment of applicable fees and without
reexamination. The Director shall by regulation establish
provisions (which shall not include reexamination) unless
required to do so under federal law to ensure that certified
applicators continue to meet the requirements of changing
technology and to ensure a continuing level of competence and
ability to use pesticides safely and properly. If any license is
not renewed by the end of the calendar year following its
expiration, such licensee shall be required to take another
examination. If application for renewal of any license is not
filed prior to January first of each year a penalty of
twenty-five percent of the original fee shall be assessed."
SECTION 50
Vetoed by the Governor.
End of Part II