All Acts or parts of Acts inconsistent with any of the
provisions of Part I of this Act are hereby suspended for the
fiscal year 1982-83.
All Acts or parts of Acts inconsistent with any of the
provisions of Part II of this Act are hereby repealed.
Except as otherwise specifically provided herein this Act shall
take effect immediately upon its approval by the Governor.
In the Year of Our Lord One Thousand Nine Hundred and
Eighty-Two.
The following were vetoed by the Governor June 15, 1982 and
sustained by the General Assembly June 16, 1982:
PART I
1. Section 14, Subsection 14J, Item IIB, Base Pay Increase,
$31,701,939.
2. Section 14, Subsection 14J, Item A and B, Base Pay Increase
Proviso, which reads:
Provided, Further, That the amounts appropriated to the Budget
and Control Board, Employee Benefits Section, for "base pay
increase" shall be allocated by the Board to the various state
agencies to provide base pay increases for agency employees in
accordance with the following plan:
A. The State Budget and Control Board may develop and implement
a revised classification and compensation plan for classified
State positions provided that the minimum wage effective January
1, 1983, shall be no less than $3.35 per hour.
B. Effective on the first pay period ending on or after July
first, 1982, the compensation of each state employee shall be
increased by 5% unless otherwise prohibited or allowed by
Paragraph C through K of this plan.
(This Proviso accompanies Veto No. 1, base pay increases.)
3. Section 14, Subsection 14J, Item C through K, Budget and
Control Board Proviso, which reads:
Provided, Further, That the institutions of higher learning
may, at their discretion, consider unclassified, academic
employees as full-time staff members even though such employees
only serve for a nine-month period. Provided, However, That such
employees have been traditionally considered as full-time
employees and that the funds for the base pay increment are
available to the institution of higher learning within the
amounts appropriated.
C. Notwithstanding any other provisions of this plan, each
classified employee shall be entitled to the base pay increases
provided in Paragraph B or the minimum salary of his pay grade,
whichever is greater.
D. Constitutional officers and agency heads whose salaries are
specifically designated by this and other acts shall not be
entitled to the increase in Paragraph B of this plan.
E. Salaries of classified employees shall not exceed the
adjusted maximum pay scale as provided in Paragraph A. Base pay
increases shall be granted to the extent that such increases may
be applied within the maximum limit of the appropriate pay grade.
This limitation shall not apply to longevity increases as
provided in Section 18, Part II of Act 644, 1978.
F. No appropriated funds may be used to increase that portion
of any salary paid from other than appropriated State funds.
G. No allocations will be made by the various agencies from the
amounts appropriated to the agencies, for "general base pay
increases 82-83" to provide base pay increases for temporary
employees, whether full or part-time.
H. Funds may be transferred by the agencies from the accounts
designated as "base pay increases 82-83", "Employer
Contributions- -BPI" and "Health Insurance--State Employees" only
during the last quarter of fiscal year 1982-83 and only after
required reconciliation with and approval of the Budget and
Control Board.
I. With respect to unclassified employees, each university,
college, four-year campus, two-year campus and the State Board
for Technical and Comprehensive Education are authorized to
determine the total funds required for base pay increases, as set
forth in paragraph B of this plan, for its unclassified academic
employees as a group and to allot such total among individual
unclassified academic employees without uniformity. Provided,
Further, That all such salaries shall be subject to the provision
of Section 135 of Part I of this Act and that specific Budget and
Control Board approval must be obtained before any unclassified
employee may be granted an annual pay increase in excess of 9%.
J. Persons employed under the Comprehensive Employment and
Training Act (CETA) shall receive base pay only to the maximum
provided through federal funding. Persons employed under the CETA
program shall sign a statement that they are aware of this
provision prior to their employment.
K. Notwithstanding any other provision of this act, no state
officer or state employee, from whatever source paid, shall
receive an increase in compensation over the fiscal year 1981-82
annualized rate, including base pay, which on an annual basis
would exceed the sum of $2,400. For the purpose of computing the
limitation as provided in this section, state officers and
employees shall be defined as individuals authorized in this act
to receive payment from the State or any agency or institution
thereof, regardless of source of funding, for personal services
provided to the State or any agency or institution thereof. The
Budget and Control Board is authorized and directed to reduce the
allocation of base pay funds to the separate agencies and
institutions to insure that savings to be derived from the
limitation as herewith established shall accrue to the General
Fund and shall not be distributed to the agencies and
institutions for expenditure. Provided, however, the limitation
provided in this paragraph shall not apply to specific line item
salaries provided in this act, and, provided, further, the
limitation of this paragraph shall not apply to bona fide
promotions granted in accord with criteria established by the
State Budget and Control Board. Provided, further, the limitation
provided in this paragraph shall not apply to the line item
salary increase for the Code Commissioner and Director of
Legislative Council. Provided, however, the limitation provided
in this paragraph shall not apply to the line item salary
increase for the Retirement Division Director, the President and
General Manager of the Educational Television Commission, the
Constitutional Officers or the Commissioner of Agriculture.
(This Proviso accompanies Veto No. 1, base pay increases.)
5. Section 14, Subsection 14J, Item K, Budget and Control Board
Proviso, which reads:
Provided, Further, That no base pay, merit, or longevity
increase shall be granted to any employee which will have the
effect of paying such employee a salary equal to his agency head
less $500. Provided, further, that this restriction may be waived
by a unanimous vote of the Budget and Control Board. Provided,
further, that this restriction shall not apply to employees or
officials who are elected statewide and whose salaries are fixed
by the Constitution.
(This Proviso accompanies Veto No. 4.)
6. Section 14, Subsection 14J, Item IA, Retired State and
Public School Employees-Cost of Living Bonus, $1,800,000.
7. Section 13, Subsection III, Item A.1., Election Commission
Operating Expenses. $140,000.
8. Section 63, Subsection II, Clemson University, Operating
Expenses, $322,550.
9. Section 63, Subsection V, Clemson University, Miscellaneous
General Operation, $212,231.
10. Section 23, Subsection 23A, Item IV B.1., University of
South Carolina, Fixed charges and contributions, $432,052.
11. Section 23, Subsection 23A, Item IB, University of South
Carolina, Equipment, $258,063.
12. Section 25, Subsection IV A, Medical University of South
Carolina, Equipment, $247,074.
13. Section 25, Subsection I, Medical University of South
Carolina, Fixed charges and contributions, $141,447.
14. Section 5, Subsection V C, Item IA, Governor's Office,
Appalachian/Coastal Plains, $120,650
15. Section 5, Subsection V C, Item IA, Governor's Office,
Energy Assistance State Matching, $300,000.
16. Section 28, Subsection III, Item G.1., Department of
Education, Contractual Services, $127,856.
17. Section 28, Department of Education Proviso, which reads:
Provided, Further, That the State Department of Education shall
utilize from the $202,550 appropriation page 285 (Basic Skills
Supplies) an amount up to $135,000 to fund the development and
statewide dissemination of a calendar of basic skills activities
in grades K-8 for parents to use with their children.
(This Proviso accompanies Veto No. 16.)
18. Section 28, Subsection IV, Item A.1., Department of
Education, Motor Vehicle Equipment, Buses, $5,900,000.
19. Section 28, Subsection IV, Item C, Department of Education,
Contractual Services, $3,765.
20. Section 28, Subsection II, Item C, Department of Education,
Supplies, $3,600.
21. Section 10, Subsection II, Attorney General's Office, Fixed
Charges and Contributions, $48,000.
22. Section 50, Subsection I, Veteran's Affairs, Fixed Charges
and Contributions, $27,800.
23. Section 52, Subsection VI, Department of Corrections,
Litter Control Program, $634,248.
24. Section 52, Subsection IX, Department of Corrections
Proviso, which reads:
Provided, Further, That notwithstanding any other provision of
law, the Department of Corrections is hereby authorized to
utilize the Funds appropriated herein for "Litter Control" to
establish litter control contracts with any county of the State.
The Commissioner of the Department of Corrections shall determine
the rate of subsidy on a per mile or per square mile basis.
(This Proviso accompanies Veto No. 23.)
25. Section 52, Subsection IX, Department of Corrections
Proviso, which reads:
Provided, Further, That any revenue derived from the Litter
Control Program as a result of the recycling of paper, aluminum,
metals and the deposit on bottles shall be retained in a special
account for Litter Control and carried forward to continue the
Litter Control Program. Provided, Further, That the Department of
Corrections shall report to the Budget and Control Board on a
quarterly basis, all revenue generated from the Litter Control
Program.
(This Proviso accompanies Veto No. 23.)
26. Section 59, Subsection II, Land Resources Conservation
Commission, Contractual Services, $50,264.
27. Section 60, Subsection I, State Forestry Commission,
Contractual Services, $68,050.
28. Section 60. Subsection I, State Forestry Commission,
Supplies, $82,773.
29. Section 60, Subsection I, State Forestry Commission, Fixed
Charges and Contributions, $57,928.
30. Section 64, Subsection IX. Item C, Wildlife and Marine
Resources Department, Contractual Services, $109,635.
31. Section 64, Subsection IX, Item C, Wildlife and Marine
Resources Department, Supplies, $86,243.
32. Section 68, Subsection II, State Development Board,
Industrial Development, $300,000.
33. Section 74, Subsection II, Industrial Commission,
Contractual Services, $27,730.
34. Section 74, Subsection II, Industrial Commission, Travel,
$87,176.
35. Section 121, Subsection I, Aid to Subdivisions, Bank Tax,
$1,987,480.
36. Section 39, Subsection VII C, Mental Health Proviso, which
reads:
Provided, Further, That the "Pastoral Education" program at the
William S. Hall Psychiatric Institute shall continue to maintain
two staff, four residents, and one fellow.
37. Section 67, Subsection IX C, Parks, Recreation and Tourism
Proviso, which reads:
Provided, Further, That all items under "Special Promotions"
shall be exempt from any mid-year budget reductions in FY
1982-83. Provided, Further, That the total amount of the
promotions section shall be excluded from the total PRT budget,
for the purposes of a reduction.
38. Section 10, Subsection VI C, Attorney General Proviso,
which reads:
Provided, Further, That notwithstanding any other provision of
law, Program IV Warrant Tracking/Criminal Docketing shall not be
transferred to other programs within the agency. Funds for
Program IV not expended during Fiscal Year 1982-83, shall be
remitted to the General Fund. Provided, Further, That should a
reduction in the appropriations to the office of the Attorney
General be mandated by the Budget and Control Board in FY 1983,
the Warrant Tracking /Criminal Docketing program may be reduced
only up to the percentage of the mandated reduction.
40. Section 42, Subsection IV, Department of Social Services
Proviso, which reads:
Provided, Further, That of the funds appropriated in this
section for statewide implementation of the Community Long Term
Project, $50,000 shall be used to contract with an independent
health services consultant to monitor and evaluate the
implementation of the project and report such evaluation to the
General Assembly prior to the end of fiscal year 1982-83.
42. Section 119, Subsection I, Miscellaneous, Commission on
Uniform State Laws, $5,400.
43. Section 3, Subsection IIIA, Item I, The Senate, Supplies
$18,400.
44. Section 3, Subsection IIIB, Item I.H., The House of
Representatives, Word Processing Equipment, $25,521.
45. Section 3, Subsection IIID, Item I, Legislative Council,
Per Diem and Travel, $1,200.
46. Section 3, Subsection IIID, Item II, Legislative Council,
Supplies, $4,500.
47. Section 3, Subsection IIIE, Item I, Legislative Audit
Council, Equipment, $1,800.
48. Section 3, Subsection IIIF, Item I, Legislative Information
Systems, Equipment, $4,650.
49. Section 3, Subsection IIIL, Item I, State Reorganization
Commission, Per Diem, $5,000.
50. Section 3, Subsection IIIL, Item IIIA, State Reorganization
Commission, Increments, $14,445.
51. Section 4, Subsection IV C, Judicial Department,
Contractual Services, $8,840.
52. Section 4, Subsection IV C, Judicial Department, Supplies,
$4,494.
53. Section 4, Subsection IV C, Judicial Department, Fixed
Charges and Contributions, $253,274.
54. Section 27, Subsection I, Technical and Comprehensive
Education Board, Coordinator of Agriculture Technology, $21,991.
55. Section 122, Commissioner for each Judicial Circuit
Proviso, which reads:
Provided, Further, That the Commissioner for each Judicial
Circuit shall serve at the pleasure of the delegation for that
Judicial Circuit.
PART II
56. Section 50, which reads:
To Amend Section 12-43-220, as Amended, Code of Laws of South
Carolina, 1976, Relating to Ad Valorem Assessment Ratios on
Property, so as to Redefine Certain Corporations Which are
Eligible for a Four Percent Assessment.
Subitem (1) of item (d) of Section 12-43-220 of the 1976 Code,
as last amended by Act 133 of 1979, is further amended to read:
"(1) Agricultural real property which is actually used for such
agricultural purposes shall be taxed on aa assessment equal to:
(A) Four percent of its fair market value for such agricultural
purposes for owners or lessees who are individuals or
partnerships and certain corporations which do not:
(i) Have more than fifteen shareholders;
(ii) Have as a shareholder a person who is not an individual;
(iii) Have a nonresident alien as a shareholder.
(B) Six percent of its fair market value for such agricultural
purposes for owners or lessees who are corporations, except for
certain corporations specified in (A) above."
57. Section 31, which reads:
To Amend the Code of Laws of South Carolina, 1976, by Adding
Chapter 20 to Title 51, so as to Provide for a Commission to
Administer the South Carolina Confederate Relic Room and Museum.
The 1976 Code is amended by adding to Title 51:
"CHAPTER 20
Section 51-20-10. There is created the Commission for the South
Carolina Confederate Relic Room and Museum (Commission) to be
composed of six members, two appointed by the President of the
Senate from the membership of the Senate Finance Committee, two
appointed by the Speaker of the House from the membership of the
Ways and Means Committee; and two appointed by the Governor; one
of whom shall be upon recommendation of the Wade Hampton Chapter,
United Daughters of the Confederacy, and the other shall be a
recognized authority on South Carolina history.
Section 51-20-20. Each member of the Commission shall serve a
term of two years and until a successor is appointed and
qualifies. Vacancies for any reason shall be filled in the manner
of the original appointment for the unexpired term.
Section 51-20-30. The Commission shall elect the Chairman and
any other officers it deems necessary. The Commission shall meet
semiannually and at other times as the Chairman may designate.
They shall be paid per diem, mileage, and subsistence as provided
by law, for state boards, commissions, and committees.
Section 51-20-40. The primary function of the Commission is to
collect, preserve, and exhibit artifacts pertaining to all
periods of South Carolina history and culture.
Section 51-20-50. The Commission shall (1) elect the Director
of the South Carolina Confederate Relic Room and Museum (Museum);
(2) promulgate regulations for the operation of the Museum; (3)
control the expenditure of funds appropriated to the Museum; (4)
accept gifts; (5) make annual reports to the General Assembly
regarding the funding and work of the agency."
58. Section 40, which reads:
To Amend Section 57-3-220, Code of Laws of South Carolina,
1976, Relating to District Highway Commissioners, so as to
Provide that they Shall Serve at the Pleasure of the Legislative
Delegations of the Highway Districts which they Represent.
Section 57-3-220 of the 1976 Code is amended by striking the
last sentence and inserting: "Each district highway commissioner
shall serve at the pleasure of the legislative delegations of the
highway district he was elected to serve." When amended the
section shall read:
"Section 57-3-220. Upon the expiration of the terms of office
of the present district highway commissioners (the terms of the
commissioners for the second, ninth, tenth, twelfth and
fourteenth districts expiring April 15, 1962, those for the
third, eighth, eleventh and thirteenth districts April 15, 1963
and those for the first, fourth, fifth, sixth and seventh
districts April 15, 1964), the district highway commissioners
shall be chosen as provided herein for a term of once of four
years, which shall expire on April fifteenth of the appropriate
year. The legislative delegations representing the counties of
each highway district herein created shall meet upon written call
of a majority of the members of the delegations of each highway
district at a time and place to be designated in such call for
the purpose of electing a highway commissioner to represent such
highway district. A majority present, either in person or by
written proxy, of the members of the county legislative
delegations from a given highway district shall constitute a
quorum for the purpose of electing a district highway
commissioner, but no person shall be declared elected district
highway commissioner who shall fail to receive a majority vote of
all the members of the county legislative delegations from the
highway district. The joint county legislative delegations of
each highway district shall be organized by the election of a
chairman and a secretary, and such joint legislative delegations
shall, subject to the provisions of Section 57-3-240, adopt such
rules as they deem proper to govern the election. Any absentee
may vote by written proxy. When the election is completed, the
chairman and secretary of the joint county legislative
delegations of each highway district shall immediately transmit
the name of the person elected to the Secretary of State, who
shall forthwith issue to such person, after he has taken the
usual oath of office, a certificate of election as district
highway commissioner. The Governor shall thereupon forthwith
issue a commission to such person, and pending such issuance the
aforementioned certificate of election shall be a sufficient
warrant to such person to perform all the duties and functions of
his office as a commissioner. Each district highway commissioner
shall serve at the pleasure of the legislative delegations of the
highway district he was elected to serve."
* * * *
The following were vetoed by the Governor June 15, 1982 and
overridden by the General Assembly June 16, 1982:
4. Section 14, Subsection 14J, Item IIA, Budget and Control
Board, Merit Compensation Plan, $6,404,000.
39. Section 38, Subsection IV, Department of Health and
Environmental Control Proviso, which reads:
Provided, Further, That Notwithstanding any other provision of
this act, the funds appropriated herein for "Cancer" shall not be
transferred to other programs within the agency and when
instructed by the Budget and Control Board or the General
Assembly to reduce funds within the department by a certain
percentage, the Department may not act unilaterally to reduce the
funds for any "Cancer" program provided for herein greater than
such stipulated percentage.
41. Section 162, General Provisions, which reads:
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.
Became law without the signature of the Governor.
Vetoes 4, 39, and 41 were overridden by the General Assembly
and became effective June 16, 1982. The remainder of the Act took
effect June 15, 1982.