Provided, Further, That any state institution of higher learning may provide
a housing allowance to the President in lieu of a residential facility, the
amount to be approved by the Budget and Control Board.
  Provided, Further, That the following may be permitted to occupy residences
owned by the respective Departments without charge: the Director of the
Department of Corrections, the Farm Director, Farm Managers, and Specialists
employed at the Wateree River Correctional Institution, Walden Correctional
Institution, MacDougall Youth Correctional Center, and Givens Youth Correctional
Center; the S. C. State Commission of Forestry fire tower operators, forestry
aides, and caretaker at central headquarters; the S. C. Wildlife and Marine
Resources Department's Game Management Personnel Fish Hatchery Superintendents,
Lake Superintendent, and Fort Johnson Superintendent; the Department of Parks,
Recreation and Tourism field personnel in the State Parks Division, and the
Agricultural Aide at the Department of Youth Services Farm, Director of Wil Lou
Gray Opportunity School, President of the School for the Deaf and Blind, Director
of the Physical Plant at Winthrop College, and Farm Superintendent at Winthrop
College. Except in the case of elected officials, the fair market rental value
of any residence furnished to a State Employee shall be reported by the State
Agency furnishing the residence to the State Auditor and the Joint Legislative
Committee on Personal Service Financing and Budgeting by October 1,1983.
  Provided, Further, That all salaries paid by departments and institutions shall
be in accord with a uniform classification and compensation plan, approved by the
Budget and Control Board, applicable to all personnel of the State Government
whose compensation is not specifically fixed in this act. Such plan shall include
all employees regardless of the source of funds from which payment for personal
service is drawn. Provided, However, That academic personnel of the institutions
of higher learning and other individual or group of positions that cannot
practically be covered by the plan may be excluded therefrom but their
compensations shall, nevertheless, be subject to approval by the Budget and
Control Board. Provided, Further, That salary appropriations for employees fixed
in this Act shall be in full for all services rendered, and no supplements from
other sources shall be permitted or approved by the State Budget and Control
Board. Provided, Further, That with the exception of travel and subsistence,
legislative study committees shall not compensate any person who is otherwise
employed as a full-time state employee. Provided, Further, That salaries of the
heads of all agencies of the State Government shall be specifically fixed in this
Act and no salary shall be paid any agency head whose salary is not so fixed.
Provided, Further, That the source of compensation for any position in the State
Government shall not be changed without approval of the Budget and Control Board.
  Sec. 135. Provided, That each organization receiving a contribution in this act
shall render to the Budget and Control Board by November 1 of the fiscal year in
which funds are received, an accounting of how the State funds will be spent, a
copy of the adopted budget for the current year, and also a copy of the
organization's most recent operating financial statement. Provided, Further, That
the funds appropriated in this Act for contributions shall not be expended until
the required financial statements are filed with the Budget and Control Board.
Provided, Further, That no funds in this Act shall be disbursed to organizations
or purposes which practice discrimination against persons by virtue of race,
creed, color or national origin. Provided, Further, That the State Auditor shall
review and audit, if necessary, the financial structure and activities of each
organization receiving contributions in this Act and make a report to the General
Assembly of such review and/or audit, when requested to do so by the Budget and
Control Board.
  Sec. 136. Travel and subsistence expenses, whether paid from State
appropriated, Federal, local or other funds, shall be allowed in accordance with
the following provisions:
  A. Unless otherwise provided in paragraphs B through H of this section, all
employees of the State of South Carolina or any agency thereof including
employees and members of the governing bodies of each technical education center
while traveling on the business of the State shall, upon presentation of a paid
receipt, be allowed reimbursement for actual expenses incurred for lodging. The
employee shall also be reimbursed for the actual expenses incurred in the
obtaining of meals except that such costs shall not exceed $12 per day, except
in urban areas outside of South Carolina with populations in excess of 250,000
in which case the maximum daily reimbursement for meals shall not exceed $20. It
shall be the responsibility of the agency head to monitor the charges for lodging
which might be claimed by his employees in order to determine that such charges
are reasonable, taking into consideration location, purpose of travel or other
extenuating circumstances. The provisions of this item shall not apply to Section
42-3-40 of the 1976 Code.
  B. That employees of the State, when traveling outside the United States,
Canada, and Puerto Rico upon promotional business for the State of South Carolina
shall be entitled to actual expenses for both food and lodging.
  C. The Governor, Lieutenant Governor, Secretary of State, Comptroller General,
Attorney General, State Treasurer, Adjutant General, Superintendent of Education
and the Commissioner of Agriculture shall be reimbursed actual expenses for
subsistence.
  D. Non-legislative members of committees appointed pursuant to Acts and
Resolutions of the General Assembly whose membership consists solely of members
of the General Assembly or members of the General Assembly and other personnel
who are not employees of the State of South Carolina shall be allowed subsistence
expenses of $35 per day while travelling on official business. Members of such
committees may opt to receive actual expenses incurred for lodging and actual
expenses incurred in the obtaining of meals in lieu of the allowable subsistence
expense.
  E. Members of the State Boards, Commissions, or Committees whose duties are not
full-time and who are paid on a per diem basis, shall be allowed reimbursement
for actual expenses incurred at the rates provided in Paragraph A and I of this
Section while away from their places of residence on official business of the
State. One person accompanying a handicapped member of a State Board, Commission,
or Committee on official business of the State shall be allowed the same
reimbursement for actual expenses incurred at the rates provided in Paragraph A
through I of this Section.
  F. No subsistence reimbursement shall be allowed to a Justice of the Supreme
Court or Judge of the Court of Appeals while traveling in the county of his
official residence. When traveling on official business of said court within 50
miles outside the county of his official a residence, a Supreme Court Justice and
a Judge of the Court of Appeals shall be allowed subsistence expenses in the
amount of $35 per day plus such mileage allowance for travel as is provided for
other employees of the State. When traveling on official business of said Court
50 or more miles outside the county of his official residence, each Justice and
Judge of the Court of Appeals shall be allowed subsistence expenses in the amount
of $50 per day plus such mileage allowance for travel as is provided for other
employees of the State. The Chief Justice, or such other person as he designates,
while attending the Conference of Chief Justices and one member of the Supreme
Court while attending the National Convention of Appellate Court Judges, and
three Circuit Judges while attending the National Convention of State Trial
Judges shall be allowed actual subsistence and travel expenses.
  G. No subsistence reimbursements shall be allowed to a Circuit Judge or a
Family Court Judge while holding court within the county in which he resides.
While holding court or on other official business without the county in which he
resides but within his circuit, a Circuit Court Judge or Family Court Judge shall
be entitled to a subsistence allowance in the amount of $35 per day. While
holding court or on other official business outside his circuit, a Circuit Court
or Family Court Judge shall be entitled to a subsistence allowance in the amount
of $50 per day.
  H. Any retired Justice, Circuit Court Judge or Family Court Judge appointed by
the Supreme Court to serve as a Special Circuit Judge, Family Court Judge,
Appeals Court Judge, or Acting Associate Justice shall serve without pay but
shall receive the same allowance for subsistence, expenses, and mileage as
provided in Part I for Circuit Court Judges.
  I. No expense shall be allowed an employee either at his place of residence or
at the official headquarters of the agency by which he is employed except as
provided in paragraph E, of this section. When an employee is assigned to work
a particular territory or district, and such territory or district and his
official headquarters are in different localities or sections of the State,
expenses may be allowed for the necessary travel to his official headquarters.
Provided, However, That the members of the Industrial Commission, Public Service
Commission and the Employment Security Commission may be reimbursed at the
regular mileage rate of one round trip each week from their respective homes to
Columbia. No subsistence reimbursement shall be allowed to a member of the
Industrial Commission, Public Service Commission or the Employment Security
Commission while traveling in the county of his official residence. When
traveling on official business of the Commission within 50 miles outside the
county of his official residence, a member of the Industrial Commission, Public
Service Commission or the Employment Security Commission shall be allowed
subsistence expenses in the amount of $35 per day. When traveling on official
business of the Commission 50 or more miles outside the county of his official
residence, each member shall be allowed a subsistence expense in the amount of
$50 per day.
  J. When an employee of the State shall use his or her personal automobile in
traveling on necessary official business, a charge of 23 cents per mile will be
allowed for the use of such automobile and the employee shall bear the expense
of supplies and upkeep thereof. When such travel is by a State-owned automobile,
the State shall bear the expense of supplies and upkeep thereof but no mileage
will be allowed. Agencies are requested to effect a reduction in the number of
miles traveled to provide necessary funds for the essential travel. Provided,
That in traveling on the business of the State, employees are required to use the
most economical mode of transportation, due consideration being given to urgency,
schedules and like factors.
  K. That a State agency may advance travel and subsistence expense monies to
employees of that agency for the financing of ordinary and necessary travel
required in the conducting of the business of the agency. The Budget and Control
Board is directed to develop and publish rules and regulations pertaining to the
advancing of travel expenses and no State agency shall make such advances except
under the rules and regulations as published. Provided, All advances for travel
and subsistence monies shall be repaid to the agency within thirty (30) days
after the end of the trip or by the end of the fiscal year, whichever comes
first.
  L. The State Budget and Control Board is authorized to promulgate and publish
rules and regulations governing travel and subsistence payments which shall be
effective July 1, 1983.
  Sec. 137. That the per diem allowance of all boards, commissions and committees
shall be at the rate of Thirty-five ($35) Dollars per day. Provided, That no
full-time officer or employee of the State shall draw any per diem allowance for
service on such boards, commissions or committees.
  Sec. 138. In addition to the powers and duties devolved upon the Budget and
Control Board by the 1976 Code of Laws of this State, the said Board is hereby
given full power and authority to make surveys, studies, and examinations of
departments, institutions, and agencies of this State, as well as its programs,
so as to determine whether a proper system of accounting is maintained in such
departments, institutions, commissions, and agencies, and to require and enforce
the adoption of such policies as are deemed necessary to accomplish these
purposes; and to survey, appraise, examine and inspect, and determine the true
conditions of all property of the State, and what may be necessary to protect it
against fire hazard or deterioration, and to conserve its use for State purposes,
and to make and issue and to enforce all necessary, needful, and convenient rules
and regulations for the enforcement of this provision and to approve the
destruction or disposal of records of no value to the State. Provided, Further,
That the State Budget and Control Board may require that all plans and
specifications for permanent improvements of any nature by any State department
or institution shall be submitted to the said Board for approval prior to the
awarding of any contract therefor, or prior to construction by any other means.
Provided, Further, That the State Budget and Control Board shall have the
authority to approve blanket bonds for each of the several departments, agencies
and institutions of the state government, which bonds shall include coverage
requirements by law for particular officials and employees and any others who,
in the opinion of the Board, should be bonded. Such blanket bonds shall be
subject to approval as to form and execution by the Attorney General.
  Sec. 139. Provided, That notwithstanding any other provision of law, the State
Treasurer may enter into contracts whereby the agency or institution may accept
credit cards as payment for goods or services provided.
  Sec. 140. Any appropriations made herein or by special act now or hereafter,
are hereby declared to be maximum, conditional and proportionate, the purpose
being to make them payable in full in the amount named herein, if necessary, but
only in the event the aggregate revenues available during the period for which
the appropriation is made are sufficient to pay them in full. The State Budget
and Control Board shall have full power and authority to survey the progress of
the collection of revenue and the expenditure of funds by all departments and
institutions, and is hereby authorized and directed to make such reductions of
appropriations as may be necessary; Provided, That no institution or activity for
which the General Assembly has herein provided shall be discontinued. Provided,
Further, That any reduction of appropriations by the said Board, under authority
of this Act, shall be applied as uniformly as may be practicable except that no
reduction shall be applied to any part of such appropriations which may be
encumbered by a written contract with an agency not connected with the State
Government; and Provided, Further, That in making such reductions any amounts of
State Revenues allocated by law to Counties and Municipalities (commonly referred
to as Aid to Subdivisions) shall be subject to reduction the same as a
appropriations. Counties and Municipalities shall be immediately notified of any
such action by the Board. Provided, Further, That no such reduction shall be
ordered by the State Budget and Control Board while the General Assembly is in
session without first reporting such necessity to the General Assembly.
  Provided, Further, That the State Budget and Control Board is hereby authorized
to borrow such amounts of money as may be necessary to pay appropriations made
by the General Assembly, and to pledge for the payments of such loans any General
Fund assets, including revenues of the next succeeding fiscal year.
  Provided, Further, That the expenditure of funds, heretofore or hereafter
provided, by any State Agency, except the Department of Highways and Public
Transportation for permanent improvements as defined in the State Budget, shall
be subject to approval and regulations of the State Budget and Control Board. The
Board shall have authority to allot to specific projects from funds made
available for such purposes, such amounts as are estimated to cover the
respective costs of such projects, to declare the completion of any such
projects, and to dispose, according to law, of any unexpended balances of
allotments, or appropriations, or funds otherwise provided for such projects,
upon the completion thereof.  Provided, However, That the approval of the Budget
and Control Board shall not be required for minor construction projects
(including renovations and alterations) where the cost does not exceed an amount
determined by the Joint Bond Review Committee and the Budget and Control Board.
  Provided, Further, That in all construction, improvement and renovation of
State buildings, the applicable standards and specifications set forth in each
of the following codes shall be followed: The Standard Building Code - 1983 Edi-
tion; The Standard Plumbing Code - 1983 Edition; The Standard Gas Code - 1983
Edition; The Standard Mechanical Code 1983 Edition as adopted by the Southern
Building Code Congress International, Inc.; The National Electrical Code NFPA
70-1980; The National Electrical Safety Code ANSI-C2-1977 Edition and Pamphlet
58 of The National Fire Protection Association - 1979 Edition. Provided, However,
That Section 508 of The Standard Building Code - 1983 Edition shall not be
followed.
  Sec. 141. That transfers of appropriations herein provided may be made within
departments, upon the unanimous approval of the State Budget and Control Board,
but no such transfer shall be permitted for the purpose of increasing the
compensation of any State employee which is specifically fixed in this Act.
  Sec. 142. Subsection (a). The Budget and Control Board through its Division of
General Services is hereby directed to assess and collect a rental charge from
all departments and agencies of the State Government occupying space in
State-controlled office buildings. The amount charged each department or agency
shall be calculated on a square foot, or other equitable basis of measurement,
and at such rates as will yield sufficient total annual revenue to cover, in
priority order, both (1) the annual principal and interest due on the Capital
Improvement Obligations authorized by Act No. 829 of the 1964 Acts, Act No. 1273
of the 1970 Acts and Act No. 508 of the 1971 Acts and Act No. 1377 of the 1968
Acts as amended for projects administered by the Division of General Services and
(2) maintenance and operation costs of State-controlled office buildings in the
City of Columbia. The amount so collected which is applicable to the payment of
principal and interest due on obligations authorized by Act 1377 of the 1968 Acts
as amended shall be paid into the State's General Fund to apply on debt service
appropriations under the Section 118 of this Act.
  Subsection (b). All departments and agencies against which rental charges are
assessed and whose operations are financed in whole or in part by Federal and/or
other non-appropriated funds are directed to apportion the payment of such
charges equitably among all such funds, so that each shall bear its proportionate
share. All appropriations in this Act applicable to the rental of space in
State-controlled buildings (exclusive of the Department of Highways and Public
Transportation), shall be available only for payment of that portion of rental
charges applicable to State-appropriated operations.
  Subsection (c). Rental collections shall be deposited by the General Services
Division in the State Treasury in a special account and shall be expended only
for (1) payment of principal and interest due on the obligations referred to in
Subsection (a) above and (2) maintenance and operations costs of the buildings
referred to in Subsection (a) above.
  Sec. 143. 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 Library. 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. 144. 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.
  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 the Governor, Constitutional
Officers, members of the General Assembly, and members of State boards,
commissions and agencies on official business only. All logs or flight requests
shall be signed by the party requesting such flight and such signatures shall be
maintained as a part of the permanent record of any agency. All passengers shall
be listed on the flight log by their legal name.
  The above provisions shall not apply to aircraft of the Athletic Department of
any State supported institution of higher education.
  Sec. 145. 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. 146. 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. 147. 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. 148. 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. 149. 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 a 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,
1983, 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, 1983, whichever comes later, the State Auditor shall prepare a personal
service detail, by agency, which shows each position established for FY 1983-84
and the amount of funds required, by source of funds, to support the position for
FY 1983-84 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 be
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.
  Provided, Further, That the Budget and Control Board, in making their
appropriation recommendations to the Ways and Means Committee, must provide that
the level of personal service appropriation recommended for each agency is at
least 95% of the funds required to meet 100% of the funds needed for the
full-time equivalents positions recommended by the Board (exclusive of new
positions).
  Provided, Further, That the Budget and Control Board, must submit to the Ways
and Means Committee and Senate Finance Committee at each stage of consideration
of the appropriation bill, a personal service reconciliation which includes the
number of positions recommended for the next fiscal year and the amount needed
to fully fund the positions compared to the amount recommended as of that stage
and a list of italicized positions.
  Sec. 150. 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. 151. 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 Appropri-
ations 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. 152. 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 1983-84
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. 153. 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. Notwithstanding any other
provision of law, when a vacancy occurs in a state agency, other than
institutions of higher education, or when an agency acts to fill a new position,
the agency shall give preference to residents of this State who are qualified for
the vacancy or new position. The Budget and Control Board shall immediately
notify all agencies of this new requirement on the effective date of this act.
  Sec. 154. 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. 155. All State agencies participating in the Human Services Demonstration
Project in Section 3H of this Act, are hereby authorized and directed to comply
with formal requests for cooperation from the project managing agency.
  Sec. 156. 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. 157. 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. 158. 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. 159. 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 merit pay increase to  the
Performance Appraisal System and to the State's reduction-in-force policy.
  Sec. 160. 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
reimbursement 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. 161. 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. 162. No aircraft will be purchased for any state agency without the
authorization of the State Budget and Control Board Joint Bond Review Committee.
  Sec. 163. That unless specifically authorized herein, the appropriations
provided in Part I of this Act as ordinary expenses of the State Government shall
lapse on July 31, 1984. State agencies are required to submit all Fiscal Year
1983-84 input documents to the Comptroller General's Office by July 25, 1984.
Provided, Further, 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 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. 164. The General Assembly, in recognition of the need to meet certain
reporting requirements relating to information returns to be submitted to the
Internal Revenue Service, hereby directs the Budget and Control Board to
immediately institute a charge for the personal use of State-owned motor
vehicles.
  Sec. 165. The General Assembly hereby directs the creation of a joint
subcommittee composed of three members of the Senate Finance Committee and three
members of the House Ways and Means Committee, appointed by their respective
Chairman, three members appointed by the Speaker of the House, and three members
appointed by the President of the Senate. The joint subcommittee, working in
consultation with the Joint Appropriations Review Committee, the Reorganization
Commission, the Budget and Control Board, the Comptroller General and State
Treasurer shall investigate, study, and make whatever recommendations they deem
necessary on the accounting, expenditure and appropriation of agency and
institution generated earned funds. Provided, Further, That the State
Reorganization Commission in the development of its proposal on the format,
content, and structure of the annual appropriation act shall coordinate its
efforts with the joint subcommittee herein created in making its final
recommendations and report to the General Assembly.
  Sec. 166. The chief administrative officers, or their designees, of the South
Carolina Wildlife and Marine Resources Department, Clemson University, the State
Department of Agriculture, and the Forestry Commission shall constitute a
committee to study the beaver population of the State and to make recommendations
to the Agriculture and Natural Resources Committee of the House of
Representatives and the Fish, Game, and Forestry Committee of the Senate as early
in the 1984 Session as may be practicable. The recommendations shall include
means to prevent the spread of the population and to control the damage done by
the animals.
  Sec. 167. The Public Service Authority, the Ports Authority and the Railway
Commission shall file its most recent itemized audit report to the Budget and
Control Board, the House Ways and Means Committee, and the Senate Finance Com-
mittee on or before January first of each year. The provisions of this section
shall be effective beginning January 1, 1984, and shall continue annually.
  Sec. 168. Notwithstanding any other provisions of this act to the contrary, the
amounts appropriated in Sections 17 through 25 from state general fund monies
above the 1982-83 appropriation from state general funds monies may, at the
discretion of the institution, be expended to enhance faculty salaries and
equipment for the high technology disciplines (specifically including physical
sciences, mathematics, computer science, engineering, and nursing). For salary
enhancement, this shall be in addition to the scheduled pay increases provided
within this act.
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 Amend Act 163 of 1977, as Amended, Relating to the South Carolina Education
Finance Program, so as to Provide that Weightings for Primary Pupils (Grades 1
through 3) Shall be 1.24 Instead of 1.30 and to Fix Permanently the Pupil-Teacher
Ratio in Basic Skills of Reading and Mathematics in Grades One through Three at
21:1.
  A. Subitem (2) of Subitem (C) of Item (1) of Section 4 of Act 163 of 1977 is
amended to read:
  "(2) Primary pupils (Grades 1 through 3)...1.24."
  B. Item (5) of Section 4 of Act 163 of 1977 is amended to read:
  "(5) To qualify for funds provided in this chapter, each district must
attain an average pupil-teacher ratio based on average daily membership in the
basic skills of reading and mathematics in grades one through three of 21:1.
  Provided, That any local district may apply to the State Board of Education for
approval of a waiver to this subsection by submitting and justifying an
alternative educational program to serve the basic skill needs of average daily
membership in grades one through three.
  The State Board of Education shall approve or disapprove of such waiver
forty-five days after receipt of such application. Provided, Further, That
beginning with Fiscal Year 1978-79, if a school district violates the provisions
of this subsection, the state aid for the ensuing fiscal year to such school
district shall be reduced by the percentage variance that the actual
pupil-teacher ratios in such school district has to the required pupil-teacher
ratios mandated in this Subsection.
  Provided, That notwithstanding the provisions of this Section, the State Board
of Education is authorized to waive the pupil-teacher requirements specified
herein upon a finding that a good faith effort is being made by the school
district concerned to comply with the ratio provisions but that for lack of
classroom space which was beyond its control it is physically impossible for the
district to comply for the Fiscal Years 1978-1979 and 1979-1980 and the cost of
temporary classroom space cannot be justified."
SECTION 3
  To Empower the South Carolina Mental Health Commission to Acquire Capital
Improvements for Institutions and Agencies Under its Jurisdiction; To Prescribe
the Terms and Conditions Under Which Such Improvements May be Acquired; To
Require all State Capital Improvement Bonds Issued for Such Purpose to be Repaid
From the Revenues Derived From Paying Patients at Institutions or Agencies Under
the Jurisdiction of the Commission; and to Prescribe the Terms and Conditions of
Such Repayment Obligations.
  A. For the purposes of this section, unless the context clearly indicates
otherwise, the following defined terms shall have the meanings hereafter set
forth:
    (1) Commission shall mean the South Carolina Mental Health Commission as
established by Section 44-9-10 of the 1976 Code.
    (2) Improvements shall mean the construction, reconstruction of buildings and
other permanent improvements for institutions or agencies under the jurisdiction
of the Commission, including equipment, planning, surveying and the cost of
acquiring and improving lands therefor.
    (3) Institution shall mean any institutions or other facility which at any
time may be under the jurisdiction of the Commission.
    (4) Obligations shall mean the obligations in the form of notes or bonds or
contractual agreements issued, or entered into, by the Commission pursuant to the
authorization of this section and of Act 1377 of 1968 (Act 1377) to provide funds
with which to repay the proceeds of capital improvement bonds allocated by the
State board to the Commission.
    (5) Revenues or its revenues shall mean revenue derived from paying patients
at all institutions or facilities which shall be from time to time under the
jurisdiction of the Commission.
Revenues derived from paying patients at the Alcohol and Drug Addiction Center
shall be used exclusively for the support of bonded indebtedness for permanent
improvements concerning the Alcohol and Drug Addiction Program.
    (6) State board shall mean the State Budget and Control Board.
    (7) State capital improvement bonds shall mean bonds issued pursuant to Act
1377.
  B. The General Assembly finds that by Section 44-9-10 of the 1976 Code the
State Department of Mental Health was created and given jurisdiction over all of
the State's mental hospitals, clinics and centers, joint State and community
sponsored mental health clinics and centers and facilities for the treatment and
care of alcohol and drug addicts, including the authority to name each facility.
  C. By Section 44-9-20 of the 1976 Code all of the powers and duties vested in
the Commission were transferred to and vested in the State Department of Mental
Health. By such section all appropriations and funds for the aforesaid
institutions or departments were transferred to the State Department of Mental
Health. By Section 44-9-30 of the 1976 Code there was created a policy-making
board of regents which was given the name "South Carolina Mental Health
Commission", which was intended to have all of the powers intended for the
institutions described in subsection B, and it was intended that the Commission
should have the power to provide new or improved facilities for institutions
under its jurisdiction, pursuant to the authorization of Act 1100 of 1964 (Act
1100).
  Act 1100 made provisions for the raising of funds to construct, reconstruct,
maintain, improve, furnish and refurnish buildings or other permanent
improvements for institutions under the control of the Commission.
  Certain questions have now arisen as to whether, for the purpose of issuing
obligations pursuant to Act 1100, the patient revenues from all of the facilities
under the jurisdiction of the Commission should be pooled.
  By Act 1377 of 1968 (Act 1377) provision was made for the issuance of State
capital improvement bonds and the act provided that such bonds should be issued
in lieu of the State notes authorized by Act 1100, under the same limitations
applicable to the State notes, including the condition that the Commission's
revenues would be applied to the retirement of the bonds thus issued. Act 1377,
as now amended, provided further that when State capital improvement bonds are
issued for the Commission, the State board may contract with the Commission for
reimbursement of principal and interest on such bonds, from the Commission's
revenues, over a period greater or lesser than the actual maturity period of the
bonds. By Section 12-33-420 of the 1976 Code, an additional tax of now
forty-eight cents was imposed on each standard case of alcoholic liquor sold to
be used for the specific purposes enumerated in the act, including planning, con-
structing, improving or equipping treatment facilities for alcohol or drug
addicts and to retire general obligation bonds issued for such purposes; and it
was intended that the Commission would have primary responsibility for treatment
of alcohol and drug addicts and to provide new or improved facilities therefor
in the same manner that it could provide for facilities for other institutions
or programs under its jurisdiction as authorized by Act 1377.
  Act 1100 also included provisions relating to the borrowing of funds for the
State's institutions for the mentally retarded. It has now been determined that
Act 1100 should be rewritten by two acts - one relating entirely to the Com-
mission and a second relating entirely to the State Mental Retardation
Commission, and that each act should both extend the authorizations and
requirements that now exist with the respect to the raising of funds for capital
improvements by each Commission under Act 1100, but should remove questions that
now exist and should simply provide that whenever State capital improvement bonds
are issued for improvements for the Commission, the Commission should obligate
itself to make repayment to the State board in an amount equal to the principal
amount of such bonds, and that such obligation should have such terms and
conditions and bear interest at such rate as the State board shall prescribe,
subject to the requirements of this section.
  D. The Commission shall be empowered to effect the construction of improvements
and to raise monies therefor under the terms and conditions of this section.
  E. The aggregate of the outstanding principal amounts of State notes issued for
the Commission pursuant to Act 1100 and the State capital improvement bonds
issued for the Commission pursuant to Act 1377 shall not exceed thirty million
dollars.
  F. Whenever the Commission shall determine that improvements are required for
any institution under its jurisdiction, it may make application therefor to the
State board. Such application shall contain the following:
    (1) A description of the improvements sought;
    (2) The estimated cost thereof;
    (3) The number of paying patients at all of its institutions, the amount of
fees received from such patients during the preceding fiscal year, and the
estimated amount to be received from such patients during the next succeeding
fiscal year;
    (4) The revenues derived from all paying patients during the preceding three
fiscal years;
    (5) A suggested maturity schedule (which shall not exceed twenty years) for
the repayment of monies to be made available to the Commission from State capital
improvement bonds; and
    (6) A statement showing the debt service requirements of other obligations
then outstanding.
  G. The State board may approve in whole or in part, or may modify, any
application from the Commission. If it shall find that a need for the
improvements sought by the Commission exists, it may contract to make available
to the Commission funds to be realized from the sale of State capital improvement
bonds, but only under the following condition: it shall find that the revenues
for the preceding fiscal year, if multiplied by the number of years (which shall
not exceed twenty) contemplated by the suggested or revised maturity schedule for
the repayment of the monies to be made available to the Commission, will result
in the production of a sum equal to not less than one hundred twenty-five percent
of the aggregate principal and interest requirements of all obligations then
outstanding and all obligations to be incurred by the Commission.
  H. Upon receiving the approval of the State board it shall be the duty of the
Commission to obligate itself to apply all monies derived from all of its
revenues to the payment of the principal and interest of its obligations then
outstanding and then to be issued, and to deliver to the State Board its
obligation therefor.
  I. Following the execution and delivery of any obligations, it shall be the
duty of the Commission to remit all revenues to the State Treasurer for credit
to a special fund. Such special fund shall be applied to meet the sums due by the
Commission under its obligations. Monies so applied shall, in turn, be applied
to the State Treasurer to the payment of the principal of and interest on any
State capital improvement bonds then outstanding.
SECTION 4
  To Direct the State Budget and Control Board to Transfer Funds From the
Insurance Reserve Fund to the General Fund of the State for Fiscal Year 1983-84.
  The State Budget and Control Board shall transfer $32,000,000 from the
Insurance Reserve Fund of the Division of General Services to the General Fund
of the State for Fiscal Year 1983-84.
SECTION 5
  To Amend Section 68-23-640, Code of Laws of South Carolina, 1976, Relating to
Fees and Charges of the South Carolina Public Service Commission for Registration
of Interstate Authority of Carriers of Exempt Commodities, so as to Increase the
Fee for a Stamp Issued for Vehicles from One Dollar to Five Dollars and to
Provide That the Increase Shall be Paid to the General Fund of the State.
  Section 1. Section 58-23-640 of the 1976 Code is amended to read:
  "Section 58-23-640. The South Carolina Public Service Commission shall
charge for-hire carriers, contract carriers, and motor carriers of exempt
commodities an initial registration fee of twenty-five dollars for registration
of interstate authority, and letters of exemption filed with this department.
There shall be an additional charge of ten dollars for any amendment to this
authority; provided, that mobile home transporters shall be charged one-half the
amendment fee. The Commission shall charge a fee of five dollars for stamp
issued, pursuant to the above vehicle. All funds derived from such fees and
charges shall be deposited in the state treasury and distributed in the manner
provided by Section 58-23-630; provided, that four dollars of the five-dollar
stamp fee shall be remitted to.the general fund and become part of the
unrestricted general fund revenue. The South Carolina Public Service Commission
may promulgate regulations pursuant to this section."
SECTION 6
  To Amend Section 4 of Part II of Act 199 of 1979, Relating to Exemptions From
the Sales Tax of the Gross Proceeds of the Sale of Electricity, Natural Gas, Fuel
Oil, LP Gas, Coal, or Any Other Combustible Heating Material or Substance Used
for Residential Purposes, so as to Delay the Exemption of the Final One Percent
of the Tax Until March 31, 1984.
  A. Subsection (C) of Section 4 of Part II of Act 199 of 1979 is amended to
read:
    "(C) Notwithstanding any other provision of law, for Fiscal Year 1982-83
and through March 31,1984, a one percent sales tax shall be assessed on the gross
proceeds of the sale of electricity, natural gas, fuel oil, LP gas, coal, or any
other such combustible heating material or substance used for residential
purposes."
  B. Subsection (D) of Section 4 of Part II of Act 199 of 1979 is amended to
read:
    "(D) Notwithstanding any other provision of law, beginning April 1,1984,
no sales tax may be assessed on the gross proceeds of the sale of electricity,
natural gas, fuel oil, LP gas, coal, or any other such combustible heating
material or substance used for residential purposes."
SECTION 7 
  To Amend Act 517 of 1980, as Amended, the State General Appropriation Act, so
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, 1983, Instead of December 31, 1982.
  Subsection E of Section 23 of Part II of Act 517 of 1980, as amended, is
further amended to read:
  "E. The provisions of this section shall be applicable to all taxable
years beginning after December 31, 1983."
SECTION 8
  To Amend Sections 26-1-30 and 26-1-70 of the 1976 Code, Relating to Notaries
Public, so as to Increase Fees for Issuing or Renewing Commissions and for Change
of Name.
  A. Section 26-1-30 of the 1976 Code is amended to read: 
    "Section 26-1-30. The fee for the issuance or renewal of a commission
is twenty dollars, collected by the Secretary of State as other fees."
  B. Section 26-1-70 of the 1976 Code is amended to read:
    "Section 26-1-70. Any notary public whose name is legally changed during
his term of office may apply to the Secretary of State in such manner as may be
prescribed by him, and the Secretary of State may change the name of the notary
upon proper application and upon payment of a fee of ten dollars. The term
expires at the same time as the original term."
SECTION 9
  To Require the Tax Commission to Transfer Funds to the General Fund of the
State Monthly from the Unclaimed Property Account Established by Chapter 17 of
Title 27 of the 1976 Code.
  Subject to the reserve fund required to be maintained by Sections 27-17-200 and
27-17-90 of the 1976 Code, the Tax Commission shall monthly 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 10
  To Amend Act 651 of 1978, as Amended, Relating to Revising the Structure of the
Contents in the General Appropriations Act, so as to Enact "The South
Carolina Federal and Other Funds Oversight Act".
  A. Section 1 of Act 651 of 1978 is amended to read:
    "Section 1. This act may be cited as 'The South Carolina Federal and
Other Funds Oversight Act.'."
  B. Section 2 of Act 651 of 1978 is amended to read:
    "Section 2. (a) 'Agency' means any state office, department,
institution, board, commission, council, committee, or other entity of the
executive, judicial, or legislative branch.
    (b) 'Block grant' means federal funds distributed to the State in accordance
with a statutory formula for use in a variety of activities within a broad
functional area.
    (c) 'Federal funds' means financial assistance made to a state agency by the
United States Government in any form, including but not limited to, a grant,
loan, subsidy, reimbursement, contract, donation, or shared federal revenues, or
noncash federal assistance in the form of equipment, buildings, and land.
Financial assistance which originates with the U. S. Government, but which is
received by a state agency from another state or local agency in any form, is
considered 'federal funds.'
    (d) 'Indirect costs' means those costs of supportive services within an
agency or provided by another agency which benefit more than one program and
which may be charged to federal programs in accordance with Office Management and
Budget Circular A-87 or A-21.
    (e) 'Matching funds' means a specific amount of general fund monies
identified by a state agency, and required by the Federal Government, as a cash
contribution for a federal program.
    (f) 'Other funds' means any revenues received by an agency which are not
federal funds and are not general funds appropriated by the General Assembly in
the annual General Appropriation Act.
    (g) 'Research grant' means an award of funds from the United States
Government or other entity for the principal purpose of systematic study and
investigation undertaken to discover or establish facts or principles. The
principal purpose of a 'research grant' is not to provide services to the public
or to the employees or clients thereof.
    (h) 'Major Federal Program' means a program which:
      (1) Represents a transfer of program responsibility from the federal to the
state level.
      (2) Is available to the State on a noncompetitive basis.
      (3) Is financially significant in relation to its proportion  of the
administering agency's budget.
  Any new block grant or any form of federal turnback program is considered a
'Major Federal Program'."
  C. Section 4 of Act 651 of 1978, as last amended by Subsection (B) of Section
18 of Part II of Act 178 of 1981, is further amended to read:
  "Section 4. The General Assembly shall appropriate all anticipated federal
and other funds for the operations of state agencies in the annual General
Appropriation Act and must include any conditions on the expenditure of these
funds as part of the General Appropriation Act, consistent with federal laws and
regulations. Increases in project amounts as appropriated in the act must be
authorized in accordance with procedures set forth in Section 6 of this Act,
consistent with policies as provided in the annual General Appropriation Act and
other applicable laws and regulations.
  (a) All agencies must provide to the State Budget and Control Board, as part
of their budget submissions, detailed statements of the sources of all federal
and other funds contained in their budgets.
  (b) All state agencies must submit programmatic and financial information for
each federal project to the Governor and the Joint Appropriations Review
Committee, hereinafter referred to as 'the Committee', in a manner prescribed by
the Governor and the Committee. The information must be submitted in a timely
manner so as to permit review of the projects as part of the budget process.
  (c) The Governor shall provide recommendations to the Committee on all federal
projects included in agencies' budgets. The recommendations must include, but not
be limited to, the authorized federal funding levels, levels of state matching
funds, number of employees, and special conditions on how the funds must be
spent.
  (d) The Committee shall provide to the Ways and Means Committee and the Senate
Finance Committee at appropriate times during the budget review process its
recommendations on all federal projects. The recommendations must include, but
not be limited to, the areas limited in Subsection (3).
  (e) The appropriation of federal funds must be decreased to the extent that
receipts from these sources do not meet the estimates reflected in each section
of the General Appropriation Act.
  (f) With the exception of funds defined as 'exempt' in Section 12 of this act,
no agency may receive or spend federal or other funds that are not authorized in
the annual General Appropriation Act, but unanticipated federal or other funds
may be received and spent upon authorization pursuant to Section 5 or 6 of this
act, as applicable."
  D. Section 5 of Act 651 of 1978, as last amended by Subsection (C) of Section
18 of Part II of Act 178 of 1981, is further amended to read:
  "Section 5. (a) A state agency may receive and spend unanticipated federal
funds, and funds from private foundations or industries, which are not included
in the General Appropriation Act, but state agencies must submit expenditure
proposals to the Governor and the Committee prior to submission of the proposal
to the grantor agency; and further provided, that the state agency shall receive
authorization of the Committee prior to receipt and expenditure of funds. No
authorization shall be made without first securing and considering the Governor's
recommendation on each expenditure proposal. Any such authorization is subject
to all of the following standards:
    (1) The unanticipated nature of the project precluded it from consideration
and approval as part of the state appropriations process as described in Section
4 of this act.
    (2) The project assists the applicant state agency to achieve objectives or
goals in keeping with the recognized powers and functions of the state agency.
    (3) The applicant state agency is the appropriate entity to conduct project
activities and no duplication of services is created by the authorization.
    (4) State matching funds, if required, are available within the existing
resources of the applicant state agency.
    (5) The project benefits the health or welfare of the people of the State.
  (b) Notwithstanding any other provisions of this act, no authorization of
unanticipated federal or private foundation or industry funds may involve a
commitment of future legislative enactment to provide additional state funds to
support the project.
  (c) The Joint Appropriations Review Committee must provide the General Assembly
with periodic committee reports which describe actions taken under the provisions
of this section
  (d) Notwithstanding any other provisions of this act, a state agency may not
implement an unanticipated major Federal Program without prior approval of the
General Assembly, except:
    (1) That to the extent that the unanticipated program replaces existing
services currently provided by a state agency, other governmental entity, private
nonprofit organization, or other service provider, the services may be authorized
by the Committee to continue at an equivalent level, within the constraints of
Federal law and funding, until the General Assembly acts.
    (2) In the event the unanticipated program creates services not currently
provided, and the Joint Appropriations Review Committee and the Governor mutually
agree that delayed implementation would result in a significant 1099 of federal
funds to the State, the program may be authorized by the Committee to proceed at
a minimal level, until such time as the General Assembly may act."
  E. Section 6 of Act 651 of 1978, as last amended by Subsection (D) of Section
18 of Part II of Act 178 of 1981, is further amended to read:
  "Section 6. (a) A state agency may spend 'other' funds above the amount
in the General Appropriation Act and increases in anticipated federal programs
if the expenditure of the funds receives the prior authorization of the Joint
Appropriations Review Committee. The Joint Appropriations Review Committee must
secure and consider the recommendations of the Governor prior to such
authorization. If the Joint Appropriations Review Committee and the Governor do
not agree on the authorization, no expenditure of funds may be made until the
General Assembly, or the Budget and Control Board if the General Assembly is not
in session, acts on the proposed expenditure.
  (b) Authorizations under this section are subject to the following standards,
as applicable:
    (1) The proposed use of the funds do not result in a fund of surplus money
which may be used by the agency to expand programs without legislative approval.
    (2) If the funds are earmarked for specific use in the General Appropriation
Act, or by Federal law or regulation, any additional funds must be used for the
same purpose.
    (3) If the increase results from a fee or charge for service, the agency has
the legal authority to impose the fee, and has secured any approvals required by
applicable law or regulations.
    (4) The proposed use of funds assists the state agency to achieve objectives
or goals in keeping with the recognized powers and functions of the state agency.
    (5) If the funds are generated from a new revenue source:
      (i) The proposed use of funds covers only a minimum amount of
administrative costs necessary to support the revenue collection, and any excess
must be remitted to the General Fund.
      (ii) It is determined that the requesting state agency is the appropriate
entity to carry out the proposed activities and no duplication of services is
created by the authorization.
    (6) If the increase in federal funds requires a corresponding increase in
state matching funds, the state match is available from existing resources.
  (c) The Joint Appropriations Review Committee must provide the General Assembly
with periodic committee reports which describe actions taken under the provisions
of this section."
  F. Section 7 of Act 651 of 1978, as last amended by Subsection (E) of Section
18 of Part II of Act 178 of 1981, is further amended to read:
  "Section 7. Agencies must include estimates of research and student aid
funds in the detailed budget statements required in Item (a) of Section 4 of this
act. Agencies may not be required to submit the detailed programmatic and
financial information required in Item (b) of Section 4 of this act, except that
the agencies must furnish to the Governor notices of actual awards and
allocations of research and student aid funds within fourteen days of receipt of
such notices from funding agencies. The Governor must provide the Committee with
a quarterly report of the funds received by agency."
  G. Section 8 of Act 651 of 1978, as last amended by Subsection (F) of Section
18 of Part II of Act 178 of 1981, is further amended to read:
  "Section 8. The Comptroller General must account for and control
expenditures of individual federally funded projects for all agencies using the
Statewide Accounting and Reporting System. For continuing federal projects, the
Governor must certify to the Comptroller General the actual funds approved for
each project pursuant to Section 4 of this act, and any further adjustments to
this amount, based on grant award documentation and pursuant to Section 6 of this
act. For new federally funded projects, the Governor must inform the Comptroller
General of funding levels authorized pursuant to Section 5 of this act.
  The Comptroller General shall authorize expenditures on each project not to
exceed the amount certified by the Governor. Upon request of the Governor, the
Budget and Control Board, or the Joint Appropriations Review Committee, the
Comptroller General must provide periodic reports of authorization levels,
expenditures, revenues, and other data related to such federal projects. Upon
request of the Governor, the Budget and Control Board, or the Joint
Appropriations Review Committee, state agencies must provide grant ward and re-
lated actual funding information."
  H. Section 9 of Act 651 of 1978, as last amended by Subsection (H) of Section
18 of Part II of Act 178 of 1981, is further amended to read:
  "Section 9. (a) All agencies receiving federal grants or contracts must
recover the maximum allowable indirect costs on those projects, subject to
applicable federal laws and regulations. All indirect cost recoveries shall be
credited to the General Fund, with the exception of recoveries from research and
student aid grants and contracts.
    (1) Each agency receiving grants or contracts to which indirect costs may be
charged must have an approved indirect cost rate or cost allocation plan.
Agencies must prepare the indirect cost proposals and submit them to the Governor
for review. The Governor must submit the proposals to the appropriate federal
agencies, negotiate the agreements, and transmit approved agreements to the state
agencies. The Joint Appropriations Review Committee must be provided with a copy
of the proposals, for review and comment, prior to submission to the federal
agency.
    (2) The Governor shall prepare annually the Statewide Cost Allocation Plan
for allocation of central service costs to federal and other programs. The
Governor must ensure that state agencies recover costs approved in the Plan
through federal grants and contracts, subject to federal laws and regulations.
    (3) The Budget and Control Board and the Comptroller General must assist the
Governor in ensuring compliance with this section.
      (b). If it is determined to be in the best interest of the State and the
agency receiving the federal funds, the requirements of this section may be
waived; except that indirect cost waivers may not be granted for unanticipated
federal projects authorized pursuant to Section 5 of this act. Requests for
indirect cost waivers for continuing federal projects must be made by the
applicant agency as a part of its budget request and must be reviewed in
accordance with the provisions of Section 4 of this act."
  I. Section 9A of Act 651 of 1978, as last amended by Subsection (G) of Section
18 of Part II of Act 178 of 1981, is further amended to read:
  "Section 10. (a) The General Assembly shall designate through the annual
General Appropriation Act an agency to operate each block grant. Should a new
block grant be approved by the United States Congress after the annual General
Appropriation Act has been approved, it must be approved in accordance with the
provisions of Subsection (d) of Section 5 of this act.
    (b) The Committee must conduct public hearings for those block grants for
which federal laws and regulations require legislative public hearings, and any
other block grants for which legislative public hearings are deemed necessary by
the Committee. Public comments must be taken into consideration by the Committee
in review and authorization of federal funds according to the procedures set
forth in Section 4 of this act.
    (c) The Governor shall issue, in accordance with the South Carolina
Administrative Procedures Act, administrative regulations and cost principles for
block grants. The Committee must be provided an opportunity to review and comment
on proposed block grant regulation.
    (d) The Budget and Control Board shall ensure that audits of block grants are
conducted in accordance with Federal laws and regulations."
  J. Section 10 of Act 651 of 1978, as last amended by Subsection (I) of Section
18 of Part II of Act 178 of 1981, is further amended to read:
  "Section 11. The Governor shall design and operate a state process for
review and coordination of proposed federal financial assistance and direct
federal development by state and local officials as required by Section 401 (a)
of the federal Intergovernmental Cooperation Act of 1968 and federal regulations
and executive orders. The Governor must seek the advice of the South Carolina
Advisory Commission on Intergovernmental Relations and the Regional Councils of
Government in the development and implementation of the state process."
  K. Section 11 of Act 651 of 1978, as last amended by Subsection (J) of Section
18 of Part II of Act 178 of 1981, is further amended to read:
  "Section 12. Funds from the following sources are exempt from the
requirements of this act:
    (1) General Fund Appropriations.
    (2) Funds appropriated by a South Carolina local government.
    (3) Research and student aid grants, except as otherwise provided in this
act.
    (4) Donated materials, supplies, in-kind services, buildings, land and
equipment, if the donations do not create a future obligation of state General
Fund monies. If a donation does create a future obligation of state General Fund
monies, the donation is subject to review and approval, in accordance with
Section 5 of this act.
    (5) Federal funds used in connection with capital improvement bond funds
subject to authorization pursuant to Act 1377 of 1968."
  L. Act 651 of 1978 is amended by adding:
  "Section 13. The Budget and Control Board shall revise the structure of
the annual state budget so as to present a format which clearly delineates each
agency's and institution's programs, their source of revenue, the associated
program objectives, the total program costs and program effectiveness
measurements.
  In developing the revised budget format and procedures, the Board shall follow
the recommendations of the Governor and the Committee in accordance with the
procedure as set forth in Section 5.
  Section 14. Notwithstanding any other laws, all agencies and institutions of
the State shall cooperate fully with the Board, the Governor and the Committee
in the implementation of this act."
SECTION 11
  To Amend the Code of Laws of South Carolina, 1976, by Adding Section 60-11-100,
so as to Provide for the Use of Funds by the South Carolina Department of
Archives and History From Counties and Municipal Corporations for Microfilming
Records.
The 1976 Code is amended by adding:
  "Section 60-11-100. The Department of Archives and History may receive and
use funds from the county and municipal governments to microfilm public records
of permanent value both to the counties and municipalities and the Department,
if the counties or municipalities do not have archival quality microfilming
capability or do have short term or emergency requirements for archival quality
filming which would not justify purchase of such a system. The Department's
current filming of county government records which have no security copies may
be continued as scheduled. The funds received from the counties and
municipalities must be used solely for the filming of county and municipal
government records for records management security and research purposes. In
order to provide the microfilm services requested by the counties and
municipalities, the Department may use the funds to lease or purchase equipment,
purchase microfilm and microfilming supplies, employ a microfilming team, and
have film processed and inspected to meet required standards of quality. Travel
expenses incurred by such program must be reimbursed from such funds at the
State-approved rate."
SECTION 12
  To Amend the Code of Laws of South Carolina, 1976, by Adding Section 48-23-85,
so as to Authorize Negotiations with Federal Agencies for Fire Protection
Charges.
Section 1. The 1976 Code is amended by adding:
  "Section 48-23-85. The Forestry Commission may negotiate agreements with
Federal Agencies for providing fire, detection, presuppression, and suppression,
services on Federal lands. The charges for these services must be no less than
the cost to the Commission for rendering the services. All receipts from services
provided by the Commission must be used to offset the cost of providing the
services. When the State Forester determines the assistance received from a
federal agency on adjoining private or state lands equals that provided by the
state on federal lands, no charges will be made."
SECTION 13
  To Amend the 1976 Code By Adding Section 50-13-1935, so as to Authorize the
Wildlife and Marine Resources Department to Charge a Fee for Stocking of Fish in
Private Nonnavigable Waters.
The 1976 Code is amended by adding:
  "Section 50-13-1935. The Wildlife and Marine Resources Department must
charge fees to applicants for the stocking of fish in private ponds, lakes, or
other nonnavigable waters sufficient to cover all costs of operating the Cheraw
Fish Hatchery."
SECTION 14
  To Amend Section 40-3-80, as Amended, Code of Laws of South Carolina, 1976,
Relating to Qualifications and Examination of Applicants for Registration as
Architects, so as to Increase the Application Fee for Registration from
Twenty-Five Dollars to Forty Dollars and to Increase the Maximum Fee for
Examination from One Hundred Dollars to Five Hundred Dollars.
  Section 40-3-80 of the 1976 Code, as last amended by Section 2 of Part II, Act
644 of 1978, is further amended to read:
  "Section 40-3-80. Every applicant applying for registration in this State
shall pay to the Board the sum of forty dollars and no applicant shall be
considered until such fee has been paid. Applicants approved for examination
shall pay to the board, prior to being examined, a sum commensurate with the cost
of administering the examination, as determined by the Board, not to exceed five
hundred dollars."
SECTION 15
  To Amend Section 38 of Part II of Act 644 of 1978, Relating to Fiscal Impact
Statements on Tax Bills, so as to Delete the Requirement that the Statements Must
be Signed by the State Auditor or His Designee.
  Section 38 of Part II of Act 644 of 1978 is amended to read:
  "Section 38. When any bill relating to state taxes is reported out of a
standing committee of the Senate or House of Representatives for consideration,
there must be attached and printed as a part of the committee report a statement
of the estimated fiscal impact of the bill on the finances of the State signed
by the chairman of the Tax Commission or his designee. As used in this section
'statement of estimated fiscal impact' means the consensus opinion of the persons
executing the required statement as to the increase or decrease in the net tax
revenue to the State if the bill concerned is enacted by the General
Assembly."
SECTION 16
  To Amend Section 21, Part II of Act 466 of 1982, Relating to the Requirement
That the Department of Consumer Affairs Maintain a File for Each Creditor of all
Rate Schedules Filed by the Creditor, so as to Require an Annual Instead of a
One-Time Fee of Ten Dollars.
  Section 21 of Part II of Act 466 of 1982 is amended to read:
  "Section 21. 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. Provided, That each creditor shall be required to pay a minimum
annual fee of ten dollars. Additional certified copies of a filing shall be
provided at a charge of four dollars per copy."
SECTION 17
  To Provide That Any Contract Entered Into Prior to July 30, 1981, By A
Governmental Body As Defined In Section 11-35-310 Of The 1976 Code And Which Is
Proposed To Be Renewed Must Be Renewed In Accordance With The South Carolina
Consolidated Procurement Code.
  Any contract entered into prior to July 30, 1981, by a governmental body as
defined in Item (18) of Section 11-35-310 of the 1976 Code and which is proposed
to be renewed must be renewed in accordance with the provisions of the South
Carolina Consolidated Procurement Code (Chapter 35 of Title 11 of the 1976 Code).
SECTION 18
  To Amend Act 165 Of 1979, Relating To Reports Of Professional And Occupational
Boards, So As To Transfer The Responsibility For Coordination And Compilation Of
The South Carolina Occupational And Professional Licensing Boards Annual Report
From The State Reorganization Commission and the Legislative Audit Council to the
Budget And Control Board.
  A. Section 1 of Act 165 of 1979 is amended to read:
  "Section 1. As used in this act:
    'Licensing Board' means any agency, board, individual, or commission charged
by law with the responsibility of policing or otherwise regulating an occupation
or profession within the State of South Carolina."
  B. Section 2 of Act 165 of 1979 is amended to read:
    "Section 2. All occupational and professional licensing boards of this
State are required to file an annual report with the Budget and Control Board at
the time the Board specifies. The Board is charged with the responsibility of
coordinating and compiling these reports to a consolidated report. The Board is
also charged with the responsibility of printing the consolidated report which
must be made available on or before January first to each member of the General
Assembly at his request and to the State Library. All licensing boards shall
prepare the reports in conformity with the provisions of this act. Copies of each
report must be maintained at all times and must be available for public
inspection, within the offices of the Secretary of State."
  C. Section 3 of Act 165 of 1979 is amended to read:
    "Section 3. The Budget and Control Board shall review all annual reports
filed by the licensing boards. The format shall incorporate features that convey
the useful and necessary information called for in the submission of annual
reports. The annual report shall include the following:
  (a) Information showing the number of new applicants, requests for reciprocity,
comity, and renewals, and the appropriate demographic classification of the
information.
  (b) Information showing the dates and sites of examinations, the total number
of candidates and the attrition rate of the candidates, and reexamination
procedures.
  (c) Information showing the total number of complaints, inspections and the
disposition or results of the complaints or inspections and notice to the general
public of their grievance rights and procedures.
  (d) An itemized breakdown of fees, expenditures, and operating expenses.
  (e) Any other information that the Budget and Control Board considers useful
to the recipients, including demographic, statistical, and economic breakdown as
are appropriate."
  D. Section 4 of Act 165 of 1979 is amended to read:
  "Section 4. Upon preparation of the format or any revisions in the format,
copies of the format must be submitted to each licensing board to be reviewed by
the boards. All reports shall strictly conform to the format unless a written
exemption is obtained. The information required in the established format may not
violate any federal, state, or local regulations or laws protecting the rights,
privacy, and confidentiality of the citizens of the State. There must not be
included in the reports of any self-serving statements or information concerning
the occupation and profession reported on beyond the ordinary and necessary
information required by law."
  E. Section 5 of Act 165 of 1979 is amended to read:
  "Section 5. Nothing in this act may be construed ~o require the release
of the names of professionals not otherwise provided for by law."
  F. Section 6 of Act 165 of 1979 is amended to read:
  "Section 6. All information required pursuant to this Act must be retained
by the licensing boards for a period of not less than five years."
SECTION 19
  To Amend Section 32, Part II, Act 199 of 1979, As Amended, Relating To The
Budget Format Of The General Appropriation Bill, So As To Require, Beginning With
Fiscal Year 1984-85 And Each Year Thereafter, The Italicizing Of Every Proviso
Appearing In Part I Of The Bill Which Regulates The Expenditure Of Any Funds
Appropriated Or Deals~ With Related Matters But Which Did Not Appear As A Proviso
In Part I Of The Bill Or State General Appropriation Act For The Immediately
Preceding Fiscal Year.
  Section 32, Part II of Act 199 of 1979, as last amended by Section 5, Part II,
of Act 178 of 1981, is further amended to read:
  "SECTION 32 Budget Format Beginning with the State General Appropriation
Bill for the Fiscal Year 1980-81 and each year thereafter, each section of the
Bill which provides for the employment of additional personnel shall include a
separate line item for all new employees for whom compensation is provided in the
section concerned and such line items shall be divided according to the job
classifications of such additional employees.
  Beginning with Fiscal Year 1984-85 and each year thereafter, every proviso
appearing in Part I of the Bill which regulates the expenditure of any funds
appropriated or deals with related matters, but which did not appear as a proviso
in Part I of the State General Appropriation Bill or State General Appropriation
Act for the immediately preceding fiscal year, must be italicized."
SECTION 20
  To Amend Article 1, Chapter 5, Title 61, Code Of Laws Of South Carolina, 1976,
Relating To The Possession, Consumption, And Sale Of Alcoholic Beverages, By
Adding Section 61-5-170 So As To Authorize The Alcoholic Beverage Control
Commission To Issue Twenty-Four Hour Temporary Permits To Possess And Consume
Alcoholic Liquor And Beverages To Certain Nonprofit Organizations, Educational
Foundations, And Political Parties And Their Affiliates.
  Article 1, Chapter 5, Title 61 of the 1976 Code is amended by adding:
  "Section 61-5-170. In addition to the provisions of Section 61-5-85, the
Commission may issue a temporary permit to allow the possession and consumption
of alcoholic liquor and beverages. This permit shall be valid for a period not
to exceed twenty-four hours, and may be issued only to bona fide nonprofit
organizations that have been in existence and operating for at least twelve
months prior to the date of application, to nonprofit educational foundations,
and to political parties and their affiliates duly certified by the Secretary of
State. The Commission shall charge a nonrefundable filing fee of thirty-five
dollars for processing each application. The Commission in its sole discretion
shall specify the terms and conditions of the permit."
SECTION 21
  To Amend Section 9-9-40 Of The 1976 Code, As Amended, Relating To The
Retirement System For The Members Of The General Assembly, So As To Provide That
Certain Former Members Of The System May Continue To Contribute To The System;
To Amend Section 9-9-50, As Amended, Relating To The Retirement System For
Members Of the General Assembly, So As To Provide That A Member Of The Retirement
System For Members Of The General Assembly Who Rendered Service Which Would Have
Been Creditable Under A Correlated System May Establish The Other Service With
The Retirement System For Members Of The General Assembly.
  A. Subsection 2 of Section 9-9-40 of 1976 Code, as last amended by Act 52 of
1981, is further amended to read:
  "(2) If a member of the System, before he has attained age sixty, ceases
to be a member of the General Assembly for reasons other than death, he ceases
to be a member of the System; but if he has completed eight or more years of
credited service, he may elect, by irrevocable written election filed with the
System within six months from the cessation of his membership in the General
Assembly, to continue his membership in the System and to have his contributions
retained in the System and to be either:
    (i) A noncontributing special member of the System, not entitled to any
additional credited service, or 
    (ii) A contributing special member of the System, who must contribute, by
direct remittance to the System not later than June thirtieth in each year prior
to the year in which he attains age sixty, in the same amount as if he had
remained a member of the General Assembly, and who is entitled to credited
service for each year. If in any year he fails to make a contribution, he is
considered to have made an irrevocable election to become a noncontributing
special member as set forth in (i) above."
  B. Section 9-9-50, as last amended by Section 27 of Part II  of Act 644 of
1978, is further amended by adding after Subsection (1):
    "(2) Notwithstanding any other provision of law, any member of the
Retirement System for members of the General Assembly who has rendered service
which would have been creditable under a correlated system may establish the
service with this System, provided payment is made to the System on the same
basis as members of the General Assembly contributed for the same period of time
plus interest."
SECTION 22
  To Amend Sections 12-33-410, 12-33-420 and 12-33-460, Code Of Laws Of South
Carolina, 1976, Relating To The Taxes On Alcoholic Liquors, So As To Increase The
Taxes.
  A. Section 12-33-410 of the 1976 Code is amended to read:
  "Section 12-33-410. In addition to all other taxes levied, assessed,
collected, and paid in respect to alcoholic liquors, every licensed wholesaler
shall be subject to the payment of a tax of one dollar and eighty-one cents on
each standard case of alcoholic liquors."
  B. Section 12-33-420 of the 1976 Code is amended to read:
  "Section 12-33-420. Every licensed wholesaler shall pay an additional tax
of fifty-six cents on each standard case of alcoholic liquors sold. The tax shall
be paid to and collected by the Tax Commission in the same manner and with like
penalties as provided in Sections 12-33-460 and 12-33-470. The proceeds of the
tax shall be deposited into the State Treasury to the credit of the state's
general funds, and shall not be subject to the provisions of Section 12-33-30,
as amended, relating to the distribution of alcoholic liquor revenue to counties
and municipalities."
  C. Section 12-33-460 of the 1976 Code is amended to read:
  "Section 12-33-460. In addition to the tax levied under Section 12-33-410,
every licensed wholesaler shall pay additional tax of two dollars and ninety-nine
cents on each standard case of alcoholic liquors sold."
  D. 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 23
  To Levy A Tax On Low Level Radioactive Waste Disposed Of In South Carolina And
Provide For The Distribution Of The Revenues From Such Tax To The Education
Finance Act.
  A. There is hereby imposed a tax of $4.00 per cubic foot on each cubic foot of
low level radioactive waste disposed of in this state.
  B. The owner or operator of a low level radioactive waste disposal facility
shall, no later than 30 days following the end of each quarter, submit the
following to the South Carolina Tax Commission:
    1. A report detailing the quantity and type of waste disposed of during the
previous calendar quarter; and
    2. A check made payable to the South Carolina Tax Commission for the amount
of tax imposed in 'A' above.
  C. The revenues collected under this Section shall be allocated to the
Education Finance Act until such time as the program is fully funded. Any excess
revenues shall be credited to the General Fund of the State.
SECTION 24
  To Amend the 1976 Code by adding Section 62-15-215 So As To Provide A Temporary
License For Coin-Operated Devices Operated At County And State Fairs.
  The 1976 Code is amended by adding:
  "Section 52-15-215. In lieu of the license required under Sections
52-15-210, 52-15-245, and 52-15-250, the Tax Commission may issue a temporary
license to those persons making application to operate machines defined in
Sections 52-15-210 and 52-15-250 at a recognized county or state fair. The
temporary license provided for under this section shall be the total amount of
license fees required on all machines for which application is made, based upon
one-twelfth of the annual license required under Sections 52-15-210, 52-15-245,
and 52-15-250. Such license shall be valid for the specific location designated
on the license and the number of machines for which application was made and
shall expire when the designated fair officially ends."
SECTION 25
  To Amend Section 9-9-10, As Amended, Code Of Laws Of South Carolina, 1976,
Relating To Definitions Pertaining To The Retirement System Of Members Of The
General Assembly, So as To Redefine 'Earnable Compensation'.
  Item (13) of Section 9-9-10 of the 1976 Code is amended to read:
  "(13) 'Earnable compensation' shall mean forty times the daily rate of
remuneration, plus two thousand dollars, of a member of the General Assembly, as
from time to time in effect."
SECTION 26
  To Amend Act 150 Of 1979, As Amended, Relating To The Retirement System For
Judges And Solicitors, So As To Extend the Retirement Qualification Date For
Judges And Solicitors From July 1, 1980, To July 1, 1984.
  Subsection (1) of Section 6 of Act 150 of 1979 is amended to read:
  "(1) Any member of the System may retire upon written application to the
Board setting forth at what time, not later than his attaining age seventy-two
and no more than ninety days prior nor more than six months subsequent to the
execution and filing thereof, he desires to be retired, if the member at the time
so specified for his retirement shall no longer be in the service of the State,
whether as a judge or solicitor or otherwise, and shall have completed ten years
of credited service as a judge or solicitor or was in service as a judge or
solicitor on July 1, 1984, and shall have either attained the age of sixty-five
and completed at least twenty years of credited service, or attained age seventy
and completed at least fifteen years of credited service, or completed at least
twenty-five years of credited service regardless of age. A person shall not be
eligible to receive a retirement allowance under this System while under
employment covered by the South Carolina Retirement System or the South Carolina
Police Officers Retirement System, or General Assembly Retirement System."
SECTION 27
  To Empower the Budget And Control Board To Organize Its Staff.
  Notwithstanding any other provision of law, the Budget and Control Board may
organize its staff as it deems most appropriate to carry out the various duties,
responsibilities and authorities assigned to it and to its various divisions.
SECTION 28
  To Amend Sections 56-5-4020 And 56-5-4140, As Amended, Of The 1976 Code,
Relating To Gross Weights Of Vehicles, So As To Provide Permissible Gross Weights
For Vehicles And Combinations Of Vehicles Operating On The Interstate Highway
System In This State, And To Impose Limitations On Exemptions From Vehicle Size,
Weight, And Load Requirements For Certain Vehicles, And To Provide For A
Moratorium Request On Federal Bridge Law Weight Requirements.
Whereas, the General Assembly believes that the present law of this State allows
a vehicle with a tandem axle weight of 35,200 pounds to have an overall gross
weight of 80,000 pounds, including enforcement tolerances, to be operated on the
interstate highways of this State. This position has been followed in this State
for at least the last twenty-five years. However, recent interpretations of the
applicable law in this area have held that a vehicle with a tandem axle weight
of 35,200 pounds cannot have an overall gross weight exceeding 75,185 pounds.
This latter interpretation has also been adopted by the Federal Highway
Administration. The General Assembly in order to comply with this recent federal
edict has determined to enact the provisions of this section which include
provisions that stipulate that a vehicle with a tandem axle weight of 35,200
pounds may not have an overall gross weight exceeding 75,185 pounds unless the
higher overall weight limit of 80,000 pounds which the members of the General
Assembly believe applies in South Carolina is consented to by the Federal Highway
Administration or is interpreted to be the law of this State by a court of
competent jurisdiction.
  A. Section 56-5-4020 of the 1976 Code, as last amended by Act 450 of 1980, is
further amended to read:
  "Section 56-5-4020. Except as provided in subsection (2) of Section
56-5-4140, the provisions of this article governing size, weight, and load do not
apply to fire apparatus, road machinery or implements, and products of husbandry,
including farm tractors, timber equipment, liquid fertilizer storage facilities,
and vehicles or combinations of vehicles used to transport, store, or spread
lime, nitrogen, or other soil improvement products for agricultural purposes,
moved upon the highways so as not to damage the highways nor unduly interfere
with highway traffic, or to vehicles operated under terms of special permits
issued pursuant to the provisions of this chapter. Such exemptions do not apply
to the provisions of Section 56-5-4230. With regard to vehicles or combinations
of vehicles used to transport, store, or spread soil improvement products and to
transport products of husbandry exempted pursuant to this section, the owners
must obtain an annual permit to operate the vehicle as  provided for in Section
56-5-4170 which prescribes the specific conditions of the exemption.
  For purposes of this section, 'timber equipment' means implements of
silviculture including, but not limited to, machinery used in establishing,
tending, harvesting, and protecting forest crops such as tree shears, chippers,
slashers, log loaders, skidders, and fellers.
  None of the vehicles or devices exempted by this section may exceed twelve feet
in width and they may be moved only in clear weather conditions during daylight
hours."
  B. Subsection (2) of Section 56-5-4140, as last amended by Act 569 of 1976, is
further amended to read:
  "(2) (a) Except as permitted in (b) of this subsection, the maximum
permissible gross weight which may be imposed upon any highway or section of
highway in the Interstate System is prescribed by this section. The overall
maximum gross weight of a vehicle or combination of vehicles may not
exceed:
(a)   Single-unit     vehicle    w/two    axles         35,000 lbs
(b)   Single-unit     vehicle    w/three  axles         46,000 lbs
(c)   Single-unit     vehicle    w/four or more axles   63,500 lbs
(d)   Combination of vehicles    w/three axles          50,000 lbs
(e)   Combination of vehicles    w/four axles           65,000 lbs
(f)   Combination of vehicles    w/five or more axles   73,280 lbs
  The overall maximum gross weight of single unit vehicles with four or more
axles may not exceed the following:
Distance between the
extremes of the front and rear             Maximum
axles measured to the nearest foot         Gross Weight
  At least 12 feet                          50,000
  At least 13 feet                          50,500
  At least 14 feet                          51,500
  At least 15 feet                          52,000
  At least 16 feet                          52,500
  At least 17 feet                          53,500
  At least 18 feet                          54,000
  At least 19 feet                          54,500
  At least 20 feet                          55,500
  At least 21 feet                          56,000
  At least 22 feet                          56,500
  At least 23 feet                          57,500
  At least 24 feet                          58,000
  At least 25 feet                          58,500
  At least 26 feet                          59,500
  At least 27 feet                          60 000
  At least 28 feet                          60,500
  At least 29 feet                          61,500
  At least 30 feet                          62,000
  At least 31 feet                          62,500
  At least 32 feet                          63,500
  The ten percent enforcement tolerance specified in Section 56-5-4160 applies
to the vehicle weight limits specified in this subsection except, the gross
weight on a single axle may not exceed 20,000 pounds, including all enforcement
tolerances; the gross weight on a tandem axle may not exceed 35,200 pounds,
including all enforcement tolerances; and the overall gross weight may not exceed
75,185 pounds, including all enforcement tolerances; provided, however, that the
South Carolina Department of Highways and Public Transportation shall negotiate
with the Federal Highway Administration for the purpose of allowing a vehicle
with a tandem axle weight of 35,200 pounds to have an overall gross weight of
80,000 pounds, including enforcement tolerances when being operated on the
interstate highways of this State. Should these negotiations result in the
Federal Highway Administration consenting to the above without a 1099 of Federal
Highway funds allocated to South Carolina or should court litigation result in
an order or decree allowing the above, this tandem axle weight of 35,200 pounds
and overall gross weight of 80,000 pounds shall apply in this State. Otherwise,
a vehicle with a tandem axle weight of 35,200 pounds may not have an overall
gross weight exceeding 75,185 pounds.
  (b) Vehicles with an overall maximum gross weight in excess of 75,185 pounds
may operate upon any highway or section of highway in the Interstate System in
accordance with the following:
  The weight imposed upon the highway by any group of two or more consecutive
axles may not, unless specially permitted by the Department, exceed an overall
gross weight produced by application of the following formula:
W=500 (LN/N-1 + 12N + 36)
  In the formula W equals overall gross weight on any group of two or more
consecutive axles to be nearest 500 pounds, L equals distance in feet between the
extreme of any group of two or more consecutive axles, and N equals number of
axles in the group under consideration.
  As an exception, two consecutive sets of tandem axles may carry a gross load
of 68,000 pounds if the overall distance between the first and last axles of the
consecutive sets of tandem axles is 36 feet or more. Additionally, the gross
weight imposed upon the highway by any one axle of a vehicle may not exceed
20,000 pounds, and the gross weight imposed upon the highway by any group of two
or more axles spaced not less than forty nor more than ninety-six inches apart
may not exceed thirty-four thousand pounds, and the overall maximum gross weight
except for those vehicles which have been issued special permits by the
Department, may not exceed eighty thousand pounds. The formula is expressed by
the following table:
Distance in feet
between the extremes                      Maximum load in pounds
of any group of 2 or                      carried on any group of
more consecutive axles                    or more consecutive axle
     2          3          4          5          6          7
   axles      axles      axles      axles      axles      axles
4  34,000
5  34,000
6  34,000
7  34,000
8  34,000    34,000
9  39,000    43,000
10 40,000    43,500
11           44,500
12           45,000     50,000
13           46,000     50,500
14           46,500     51,500
15           47,500     52,000
16           48,000     52,500     58,000
17           49,000     53,500     58,500
18           49,500     54,000     59,500
19           50,500     54,500     60,000
20           51,000     55,500     60,500     66,000
21           52,000     56,000     61,000     66,500
22           52,500     56,500     62,000     67,000
23           53,500     57,500     62,500     68,000
24           54,000     58,000     63,000     68,500     74,000
25           55,000     58,500     63,500     69,000     74,500
26           55,500     59,500     64,500     69,500     75,000
27           56,500     60,000     65,000     70,000     75,500
28           57,000     60,500     65,500     71,000     76,500
29           58,000     61,500     66,000     71,500     77,000
30           58,500     62,000     67,000     72,000     77,500
31           59,500     62,500     67,500     72,500     78,000
32           60,000     63,500     68,000     73,000     78,500
33                      64,000     68,500     74,000     79,000
34                      64,500     69,500     74,500     80,000
35                      65,500     70,000     75,000
36                      68,000     70,500     75,500
37                                 68,000     71,000     76,000
38                                 68,000     72,000     77,000
39                                 68,000     72,500     77,500
40                                 68,500     73,000     78,000
41                                 69,500     73,500     78,500
42                                 70,000     74,500     79,000
43                                 70,500     75,000     80,000
44                                 71,500     75,500
45                                 72,000     76,000
46                                 72,500     77,000
47                                 73,500     77,500
48                                 74,000     78,000
49                                 74,500     78,500
50                                 75,500     79,500
51                                 76,000     80,000
  Enforcement tolerances allowed in Section 56-5-4160 do not apply to vehicles
with an overall gross weight in excess of 75,185 pounds."
  C. Because the State is concerned that federal bridge law weight requirements
may seriously penalize certain short wheel base trucks operating on the
interstate system, the South Carolina Department of Highways and Public
Transportation shall contact the Federal Highway Administration regarding a
moratorium for a period of time as allowed in other states to permit such trucks
to operate. If the Federal Highway Administration allows a moratorium, the
moratorium shall be in force until the General Assembly enacts legislation
conforming with the federal requirements.
SECTION 29
  To Amend Section 12-7-90, As Amended, Code Of Laws Of South Carolina, 1976,
Relating To Certain Provisions Of Federal Law Applicable For State Income Tax
Purposes Which Pertain To Defined Benefit And Defined Contribution Plans, So As
To Include Additional Provisions Of Federal Law Which Shall Also Apply, To Amend
Section 12-7-560, As Amended, Relating To Items Not Included In Gross Income And
Exempt From Taxation, So As To Exempt The Gain From The Sale Of A Taxpayer's
Principal Residence To The Extent Permitted By Certain Provisions Of The Internal
Revenue Code, To Amend Section 12-7-660, As Amended, Relating To Adjusted Gross
Income, So As To Revise The Provisions Which Govern The Deductibility From Gross
Income Of Contributions By Self-Employed Persons To Keogh Plans Or To Individual
Retirement Accounts, To Amend Article 5, Chapter 7 Of Title 12, Relating To
Income And Deductions By Adding Section 12-7-685 So As To Provide The Manner In
Which The Holding Period Of Property Shall Be Determined, To Amend Section
12-7-700, As Amended, Relating To Deductions Allowable In Computing Net Income,
So As To Revise Certain Deductions And Add Certain Deductions, To Amend Section
12-7-920, Relating To Gain On The Sale Or Exchange Of A Principal Residence, So
As To Revise The Provisions For Determining This Gain, To Amend Article 7 of
Title 12, Relating To Gain And Loss And The Basis Therefor, By Adding Section
12-7-975 So As To Provide For The Manner In Which Corporations May Elect To
Determine Gain Or Loss With Respect To Liquidations, And To Amend Section
12-7-980, Relating To Determining Gain Or Loss On Compulsory Or Involuntary
Conversion Of Property, So As To Revise The Manner In Which This Determination
Shall Be Made.
  A. Section 12-7-90 of the 1976 Code, as last amended by Section 48 of Part II
of Act 466 of 1982, is further amended to read:
  "Section 12-7-90. The provisions of the Employee Retirement Income
Security Act of 1974 (Public Law 93-406), Public Law 94-267, the Tax Reform Act
of 1976, the Revenue Act of 1978, The Economic Recovery Tax Act of 1981, the Tax
Equity and Fiscal Responsibility Act of 1982, and the Technical Correction Act
of 1982, as related to income tax treatment of Defined Contribution Plan and
Defined Benefit Plan contributions of and benefits to individuals, partnerships,
corporations, trusts, and associations shall apply for all South Carolina income
tax purposes.
  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."
  B. Section 12-7-560 of the 1976 Code, as amended, is further amended by adding
a new item to be appropriately numbered which shall read:
  "( ) Gain from the sale of a taxpayer's principal residence to the extent
permitted by Section 121 of the Internal Revenue Code as amended through December
31, 1982."
  C. Item (11) of Section 12-7-660 of the 1976 Code, which was added by the
provisions of Act 103 of 1981, is amended to read:
  "(11) Contributions by self-employed persons or partnerships on behalf of
a partner to a self-employed retirement fund (Keogh Plans) or to an individual
retirement account or program as permitted under the Internal Revenue Code of
1954 as amended through December 31, 1982."
  D. Article 5, Chapter 7, Title 12 of the 1976 Code is amended by adding:
  "Section 12-7-685. In determining the holding period of property, the
provisions of Section 1223 of the Internal Revenue Code, as amended through
December 31, 1982, shall be applicable."
  E. Subitem (b) of Item (6) as amended by Act 69 of 1981, and Item (8), as last
amended by Act 139 of 1979, of Section 12-7-700 of the 1976 Code are further
amended to read:
  "(b) on property not connected with a trade or business if arising from
fire, storm, shipwreck, or other casualty, or from theft, provided that such a
loss shall be allowed only to the extent permitted by Section 165 (h) and (i) of
the Internal Revenue Code in effect as of December 31, 1982; provided, that the
provisions of this subitem (b) shall not be construed as a net operating 1088
carry-back."
  "(8) A reasonable allowance for the depreciation and obsolescence of
property used in a trade or business or held for investment and, in the case of
mines and other natural deposits, a reasonable allowance for depletion, the basis
for computing such allowances to be the same as the basis upon acquisition for
determining gain or loss plus the cost of any additions and improvements since
acquisition, including, in the case of mines and other natural deposits, the cost
of development not otherwise deducted, less retirements or recoveries of cost,
and in the cases of leases the depletion allowance to be equitably apportioned
between the lessor and the lessee. However, notwithstanding any other provisions
of this section, the amount allowed as a deduction for depletion in the case of
mines, oil, and gas wells and other natural deposits located in the State of
South Carolina is the same depletion as now allowed under Federal Internal
Revenue Code, Sections 611, 612, and 613 and applicable regulations.
  Provided, that a taxpayer who allocates or apportions income under the
provisions of Sections 12-7-1120 through 12-7-1200 has the option of computing
net income without regard to the allowance for depletion otherwise allowable
under this item, in which case the allowance for depletion is limited to
depletion with respect to mines, oil, and gas wells and other natural deposits
located in this State and is deductible from the South Carolina net income
subject to tax after allocation or apportionment, except that such allowance
shall not exceed either (a) fifty percent of the net income apportioned to South
Carolina by Sections 12-7-1140 through 12-7-1190 or (b) the depletion as now
allowed under Federal Internal Revenue Code, Sections 611, 612, and 613 and
applicable regulations for the property located in this State.
  Provided, Further, That notwithstanding any other provisions of this section,
the amount allowed as a deduction for depreciation and obsolescence is, in the
case of tangible personal property with a life of ten years or less, the same
depreciation as allowed by Federal Internal Revenue Code Section 168 and
applicable regulations; in the case of public utility property, straight line
depreciation using a life of fifteen years; and in the case of real property,
straight line depreciation using a life of twenty-five years. Real property which
is over ten years old may be depreciated using the one hundred fifty percent
declining balance method in lieu of the straight line method required by this
item (8) that this item is not affected by amendments to the Federal Internal
Revenue Code which may be enacted for taxable years beginning after December 31,
1982."
  F. Section 12-7-700 of the 1976 Code, as amended, is further amended by adding
a new item to be appropriately numbered which shall read:
  "( ) Fees and expenditures defined in Section 195 (relating to start-up
expenditures), Section 248 (relating to organizational expenditures), and Section
709 (relating to treatment of organization and syndication fees) of the Internal
Revenue Code as amended through December 31, 1982."
  G. Section 12-7-920 of the 1976 Code is amended to read:
  "Section 12-7-920. For the purpose of determining the amount of gain from
the sale or exchange of a taxpayer's principal residence the provisions of
Section 1034 of the Internal Revenue Code in effect as of December 31, 1982,
shall be applicable."
  H. Article 7, Chapter 7, Title 12 of the 1976 Code is amended by adding:
  "Section 12-7-975. Notwithstanding the provisions of Section 12-7-970, a
corporation may elect, for the purpose of determining the basis for computing the
amount of gain or loss on sales or exchanges in connection with liquidations, to
use the methods referred to in Section 337 of the Internal Revenue Code of 1954
as amended through December 31, 1982, and all applicable regulations pertaining
to this section."
  I. Section 12-7-980 of the 1976 Code is amended to read:
  "Section 12-7-980. For the purpose of determining gain or loss on
compulsory or involuntary conversion of property the provisions of Section 1033
of the Internal Revenue Code as amended through December 31, 1982, shall be
applicable."
  J. The provisions of Items A through I of this section shall be effective for
all taxable years beginning after December 31, 1982.
SECTION 30
  To Amend Section 9-9-30, As Amended, Of The 1976 Code, Relating To The
Retirement System For The Members Of The General Assembly And Act 150 Of 1979,
As Amended, Relating To The Retirement System For Judges And Solicitors, So As
To Provide for Actuary Valuation Of Assets And Liabilities Of The Systems Every
Other Year Rather Than Annually.
  A. Item (5) of Section 9-9-30 of the 1976 Code is amended to read:
  (5) On the basis of regular interest and tables last adopted by the Board, the
actuary shall make a valuation of the contingent assets and liabilities of the
system at least every other year.
  B. Item (5) of Section 3 of Act 150 of 1979 is amended to read:
  "(5) On the basis of regular interest and tables last adopted by the
Board, the actuary shall make a valuation of the contingent assets and
liabilities of the system at least every other year."
SECTION 31
  To Amend Act 436 Of 1978 And Section 15, Part II, Of Act 617 Of 1980, Relating
To Hazardous Waste Management, So As To Delete The Exclusion For Source, Special
Nuclear, Or By-Product Material As Defined By The Atomic Energy Act Of 1954 And
To Alter The Use Of The Hazardous Waste Contingency Fund To Include Remedy For
Problems At Uncontrolled Hazardous Waste Sites.
  A. Item (6) of Section 2 of Act 436 of 1978 is amended to read:
  "(6) 'Hazardous waste' means any waste, or combination of wastes, of a
solid, liquid, contained gaseous, or semisolid form which because of its
quantity, concentration, or physical, chemical, or infectious characteristics may
in the judgment of the Department:
    a. cause, or significantly contribute to an increase in mortality or an
increase in serious irreversible, or incapacitating reversible illness; or
    b. pose a substantial present or potential hazard to human health or the
environment when improperly treated, stored, transported, or disposed of, or
otherwise managed. Such wastes may include, but are not limited to, those which
are toxic, corrosive, flammable, irritants, strong sensitizers, persistent in
nature, assimilated or concentrated in tissue, or which generate pressure through
decomposition, heat or other means. The term does not include solid or dissolved
materials in domestic sewage, or solid dissolved materials in irrigation return
flows, or industrial discharges which are point sources subject to NPDES permits
under the Federal Water Pollution Control Act or the Pollution Control Act of
South Carolina or materials covered under Article 2 of Chapter 7 of Title 13 of
the 1976 Code."
  B. Section 2 of Act 436 of 1978 is amended by adding:
  "(13) 'Uncontrolled hazardous waste site' means any site where hazardous
wastes or other hazardous substances have been released, abandoned, or otherwise
improperly managed so that governmental response action is deemed necessary to
remedy actual or potential damages to public health or welfare of the
environment.
  For the purpose of this item the term Hazardous Waste does not include
petroleum, including crude oil or fraction thereof; natural gas; natural gas
liquids; liquified natural gas; synthetic gas usable for fuel; or mixtures of
natural gas and such synthetic gas."
  C. Section 4 of Act 436 of 1978 is amended to read:
  "Section 4. (a) No person shall construct, substantially alter, or operate
any hazardous waste treatment, storage, or disposal facility or site, nor shall
any person store, treat, or dispose of any hazardous waste without first
obtaining a permit from the department for such facility, site, or activity.
  (b) Any person who:
    1. Owns or operates a facility required to have a permit under this section
which facility is in existence on the effective date of this section; and
    2. Has complied with the requirements of Section 14; and
    3. Has made an application for a permit under this section shall be deemed
to have been issued such permit until such time as final administrative
disposition of each application is made by the department, unless final
administrative disposition of each application has not been made because of the
failure of the applicant to furnish information reasonably required or requested
in order to process the application.
  (c) Before issuance of a permit, the Department shall require:
    1. Evidence of liability insurance for sudden and nonsudden accidental
occurrences in such amount as the Department may determine necessary for the
protection of the public health and safety of the environment; and
    2. Evidence of financial assurance in such form and amount as the Department
may determine to be necessary to ensure that, upon abandonment, cessation or
interruption of the operation of a facility or site, all appropriate measures are
taken to prevent present and future damages to the public health and safety and
to the environment.
  (d) No person who owns or operates a treatment, storage or disposal facility
shall accept a hazardous waste which is generated in another state and is banned
or prohibited in any manner by any statute, regulation or administrative decision
of that state. Written documentation demonstrating compliance with this
requirement shall be submitted to the Department for all hazardous wastes
imported into this state prior to their transport."
  D. Section 7 of Act 436 of 1978 is amended to read:
  "Section 7. (a) For the purpose of enforcing this act and Section 15, Part
II, of Act 517 of 1980, or any regulations authorized pursuant thereto, any
authorized representative or employee of the department may, upon presentation
of appropriate credentials, at any reasonable time;
    1. Enter any place where hazardous wastes are generated, stored, treated, or
disposed of;
    2. Inspect and copy any records, reports, information, or test results
relating to the purpose of this act and Section 15, Part II of Act 417 of 1980;
and
    3. Inspect and obtain samples from any person of any wastes including samples
from any vehicles in which wastes are being transported, as well as samples of
any containers or labels. The Department shall provide a sample of equal volume
or weight to the owner, operator or agent in charge upon request. The Department
shall also provide the owner, operator, or agent in charge a copy of the results
of any analyses of such samples.
  (b) For the purpose of implementing necessary governmental response actions as
provided in Subsection C, Section 15, Part II of Act 517 of 1980, the Department
or its authorized representative may, at any time, enter the premises of any
publicly or privately owned property which it has determined to be an
uncontrolled hazardous waste site. The owner or operator of such site shall
cooperate fully with the department when such governmental response actions are
taken."
  E. Subsection A, Section 15, Part II of Act 517 of 1980 is amended to read:
  "A. The Department of Health and Environmental Control is hereby
authorized and directed to establish a Hazardous Waste Contingency Fund to ensure
the availability of funds for contingencies arising from permitted hazardous
waste landfills and to defray the costs of governmental response actions at
uncontrolled hazardous waste sites. The Contingency Fund shall be financed
through the imposition of fees provided in Subsection B, Section 15, Part II of
Act 517 of 1980, and such annual appropriations as may be provided by the General
Assembly. Provided, that an amount equal to $1.50 per ton for wastes reported
under Sub-subsection A, Subsection B, Section 15, Part II of Act 517 of 1980, and
$2.00 per ton for wastes reported under Sub-subsection E, Subsection B, Section
15, Part II of Act 517 of 1980, shall be held separate and distinct with the Fund
for the purpose of mitigating any contingencies arising from the operation of
permitted land disposal facilities in this State. Any interest accruing from the
management of the funds held pursuant to this section shall be credited to the
Contingency Fund."
  F. Subsection B of Section 15, Part II of Act 517 of 1980 is amended to read:
  "B. (A) Each generator shall, no later than thirty days after the end of
each calendar quarter, submit a written report to the Department including, but
not limited to, the following information:
    1. the types and quantities of hazardous wastes generated;
    2. the types and quantities of such wastes shipped for treatment and disposal
by landfilling or other means of land disposal;
    3. the types and quantities of such wastes remaining in storage at the end
of the reporting period; and
    4. a check made payable to the Department for the amount of fee imposed on
such wastes by the provisions of paragraph C.
  (B) Each owner/operator of a hazardous waste facility shall, no later than
thirty days after the end of each calendar quarter, submit a written report to
the Department including, but not limited to, the following information:
    1. the types and quantities of hazardous wastes generated;
    2. the types and quantities of hazardous wastes received at the facility
during the reporting period;
    3. the types and quantities of hazardous wastes treated, disposed of, and
otherwise handled during the reporting period; and
    4. a check made payable to the Department for the amount of fees imposed by
paragraph C for any wastes generated by the facility and handled in such manner
as prescribed by its provisions; by paragraph D; and by paragraph E.
  (C) There is hereby imposed a fee of $5.00 per ton of hazardous wastes
generated and disposed of in this State by landfilling or other means of land
disposal.
  (D) There is hereby imposed a fee of $1.00 per ton of hazardous wastes in
excess of 50 tons remaining in storage at the end of the reporting period.
  (E) For all hazardous wastes generated outside of the State and received at a
facility during the quarter each owner/operator of a hazardous waste land
disposal facility shall remit to the Department an amount equal to the per ton
fee imposed on out-of-state waste by the state from which the hazardous waste
originated but in any event no less than $7.50 per ton."
  G. Subsection C, Section 15, Part II of Act 517 of 1980 is amended to read:
  "C. (a) In determining the use of the fund for a particular governmental
response action, the Department shall consider the relative risk of danger to
public health or welfare or the environment and the hazard potential of the
substances involved including potential for fire, explosions, release of harmful
air contaminants, direct human contact, contamination of surface water or
groundwater including those used for drinking water supplies, and damages to
sensitive ecosystems. In taking a governmental response action and coincident to
the use of the fund, the Department shall initiate the appropriate administrative
action to exhaust any applicable liability insurance or other financial assurance
mechanisms which have been provided by the responsible party as required pursuant
to Section 4 of Act 436 of 1978 including where appropriate funds available
through P.L. 96-510. The Department shall annually make a report to the General
Assembly on the activities and response actions that have been carried out under
the auspices of the Contingency Fund.
    (b) When the amount of monies collected and paid into the fund reaches in the
aggregate 7.5 million dollars, the Department shall provide a report to the
presiding officers of both Houses of the General Assembly outlining the
accomplishments of cleanup activities at uncontrolled hazardous waste sites and
the need to continue or discontinue the collection of fees for such purposes. The
General Assembly shall, within ninety days of receipt of the report by both
presiding officers, evaluate the report and take action to continue the
collection of fees or take whatever action deemed necessary for this purpose.
Provided, however, that if the specified amount is collected and the General
Assembly is not in session the collection of fees shall continue until the report
is presented at the next convening session."
  H. Subsection D, Section 15, Part II of Act 517 of 1980 is amended to read:
  "D. The Department is directed to revise and amend the necessary
provisions of R. 61-79 (DHED) which are contrary or inconsistent with the
provisions of this Act."
  I. The provisions of this section shall take effect September 1, 1983.
SECTION 32
  To Amend Section 12-35-550, As Amended, Of The 1976 Code, Relating To Sales And
Use Tax, So As To Provide For An Exemption For Petroleum Asphalt Products.
  Section 12-35-550 of the 1976 Code, as last amended by Act 466 of 1982, is
further amended by adding the following new item to be appropriately numbered to
read:
  "( ) The gross proceeds of the sale of petroleum-asphalt products commonly
used in paving, purchased in this State and transported and consumed out of this
State."
SECTION 33
  To Amend Section 2 Of Act 179 Of 1981, Relating To The Medical University Of
South Carolina Central Parking Facility.
  A. Section 2 of Act 179 is amended by striking in Item 10 the following
proviso:
  "Provided, Further, That the Medical University of South Carolina is
hereby authorized to finance a central parking facility at a cost not to exceed
$5,900,000 from Plant Improvement Bonds."
  And by inserting:
  "Provided, Further, That the Medical University of South Carolina is
hereby authorized with the approval of the Budget and Control Board to finance
a central parking facility at a cost not to exceed $7,000,000 by the issuance of
revenue bonds payable from the parking facilities and having such terms,
covenants and provisions as shall receive such approval and further secured by
any other unencumbered revenues; in addition, with the approval of the Budget and
Control Board, the Trustees of the Medical University of South Carolina shall be
empowered to borrow such further sums as may become necessary for the purpose of
funding capitalized interest during the period of construction of the facilities
and so much as shall be determined to be desirable to fund any debt service
reserve established by the proceedings authorizing the borrowing."