SECTION 34
To Amend Act 150 Of 1979, As Amended, Relating To A Retirement System For
Judges And Solicitors, So As To Provide For A Member To Become Vested In The
System, To Provide For Eligibility For Monthly Benefits Beginning At The Age Of
Fifty-Five, And To Provide Eligibility For Solicitors To Retire Upon Completion
Of Twenty-Four Years Of Credited Service Regardless Of Age.
A. Subsection (4) of Section 5 of Act 150 of 1979 is amended to read:
"(4) Any member upon termination who does not qualify for a monthly
benefit may elect to transfer his service credit to the South Carolina Retirement
System or other applicable system. Upon such election, the director must transfer
to the receiving system the required employee and employer contributions. A
member is vested after twelve years of service in the position as judge or
solicitor and if he terminates services and leaves his contributions on deposit
with the System, he is eligible for a monthly benefit beginning at age fifty-five
which is a pro-rata proportion his total credited service is to the benefit
payable with twenty-four years of service credit."
B. 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 not 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 is no longer in the service of the State,
whether as a judge or solicitor or otherwise, and has 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 has 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 solicitor is eligible
to retire upon completion of twenty-four years of credited service regardless of
age. A person is not 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 35
To Amend Section 8-11-40, As Amended, 1976 Code, Relating To Sick Leave For
State Employees, So As To Provide For The Accumulation Of Sick Leave Up To One
Hundred Eighty Days And To Delete Obsolete Provisions.
Section 8-11-40 of the 1976 Code, as last amended by Act 186 of 1977, is
further amended to read:
"Section 8-11-40. All permanent full-time state employees are entitled to
fifteen days sick leave per year with pay. Sick leave is earned by permanent
full-time state employees at the rate of one and one-fourth days per month and
may be accumulated, but no more than one hundred eighty days may be carried over
from one calendar year to another. The department or agency head is authorized
to grant additional sick leave in extenuating circumstances upon approval of the
State Budget and Control Board. All permanent part-time and hourly employees are
entitled to sick leave prorated on the basis of fifteen days per year subject to
the same carry-over specified herein. In the event an employee transfers from one
state agency to another, his sick leave balance also is transferred. The State
Budget and Control Board, through the Division of Personnel, may promulgate such
regulations in accordance with law as may be necessary to administer the
provisions of this section, including the power to define the use of sick
leave."
SECTION 36
To Require A Provision In All State Agency Or Institution Contracts For Legal
Or Consultant Services Mandating Completion Of Services Or A Refund Of Payment
Under The Contract, With Interest.
"Any contract for legal or consultant services entered into by a state
agency or institution shall include a provision which requires completion of all
services. The provision shall further require that in the event all services are
not fully rendered as provided for in the contract, any monies which have been
paid by the agency under the contract must be refunded to the agency along with
a twelve percent penalty."
SECTION 37
To Provide That The South Carolina Department Of Highways And Public
Transportation Shall Be Reimbursed For Expenses Involved In Dedicating A Road Or
Bridge In Honor Of An Individual.
Whenever a road or bridge is dedicated and named in honor of an individual by
act of the General Assembly, the Department of Highways and Public Transportation
shall be reimbursed all expenses paid by the Department to implement the
dedication from the funds allocated under the provisions of Section 12-27-380 of
the 1976 Code to the county of residence of the person 80 honored."
SECTION 38
Amending Act 146 Of 1979, Relating To Mandatory Dates For Submission Of The
Annual Budget Report Of The State Budget And Control Board To The Ways And Means
Committee Of The House Of Representatives And The Mandatory Date For Sine Die
Adjournment Of The General Assembly, So As To Extend The Date For Mandatory
Adjournment By One Statewide Day For Each Statewide Day After April Fifteenth
That The House Of Representatives Gives Third Reading To The General
Appropriation Bill.
Section 2 of Act 146 of 1979 is amended to read:
"Section 2. The regular annual session of the General Assembly shall
adjourn sine die each year not later than the first Thursday in June. In any year
that the House of Representatives fails to give third reading to the annual gen-
eral appropriation bill by April fifteenth, the date of sine die adjournment is
extended by one statewide day for each statewide day after April fifteenth that
the House of Representatives fails to give the bill third reading. The session
may also be extended by concurrent resolution adopted by a two-thirds vote of
both the Senate and House of Representatives. During the time between the first
Thursday in June and the extended sine die adjournment date, as set forth herein,
no legislation or other business may be considered except the General
Appropriation Bill and any matters approved for consideration by a concurrent
resolution adopted by two-thirds vote in both houses."
SECTION 39
To Amend Sections 40-11-10, As Amended, 40-11-20, And 40-11-160, Code of Laws
of South Carolina, 1976 Relating To State Licensing Board For Contractors, So As
To Provide For The Appointment By The Governor Of Two Additional Members Of The
Board, To Increase The Cost Of Work Which Must Be Performed By A Mechanical
Contractor, And To Limit Financial Statement Requirements To Group 1 Level
Contractors And To Reauthorize The Existence Of The State Licensing Board For
Contractors For Six Years.
A. Section 40-11-20 of the 1976 Code is amended to read:
"Section 40-11-20. There is a State Licensing Board for Contractors,
consisting of seven members, who must be appointed by the Governor. One member
of the Board shall have as the larger part of his business the construction of
highways, one member shall have as the larger part of his business the
construction of public utilities, one member shall have as the larger part of his
business the construction of buildings, one member shall have as the larger part
of his business the performance of heating, plumbing, or air-conditioning work,
one member shall have as the larger part of his business the performance of
electrical work, and two consumer members must be appointed from the public at
large. The members of the first Board having been appointed for one, two, three,
four, and five years, respectively, their terms of office expiring on the
thirty-first day of December in each year, the Governor shall appoint a member
to fill the vacancy caused by the expiration of the term of office of a member
for the term of five years. Each member shall hold over after the expiration of
the term until his successor is duly appointed and qualifies. If vacancies occur
in the Board for any cause, they must be filled by the appointment of the
Governor. The Governor may remove any member of the Board for misconduct,
incompetency, or neglect of duty."
B. Item (2) of Section 40-11-10 of the 1976 Code, as amended by Act 174 of
1977, is further amended to read:
"(2) A 'mechanical contractor' is one who for a fixed price, commission,
fee, or wage undertakes or offers to undertake any plumbing, heating, air
conditioning, lighting protection work, or electric work when the cost of the
undertaking is seventeen thousand five hundred dollars or more. Anyone who en-
gages or offers to engage in such undertaking in this State is deemed to have
engaged in the business of mechanical contracting in this State."
C. Section 40-11-160 of the 1976 Code is amended to read:
"Section 40-11-160. The Board shall not issue a license to any contractor
above the Group 1 level as this is defined by regulation of the Board until such
contractor furnished the Board with a financial statement certified by a
certified public accountant or a public accountant."
D. In accordance with the provisions of Section 7 of Act 608 of 1978, the
existence of the State Licensing Board for Contractors is reauthorized for six
years.
SECTION 40
To Amend Sections 52-15-210 And 52-15-250, Both As Amended, Code Of Laws Of
South Carolina, 1976, Relating To Coin-Operated Machines And Devices And Other
Amusements, So As To Add Mechanical Amusement Devices And Juke Boxes To The
Schedule Of Machines Requiring A Twenty-Five Dollar License And Add Footsball
Tables, Bowling Lane Tables, Or Skeeball Tables To The List Of Amusement Machines
Requiring A License.
A. Item (1) of Section 52-15-210 of the 1976 Code, as last amended by
Subsection B of Section 14, Part II, Act 466 of 1982, is amended to read:
"(1) Any machine for the playing of music or kiddy rides operated by a
slot or mechanical amusement devices and juke boxes wherein is deposited any coin
or thing of value;"
B. The first paragraph of Section 52-15-250 of the 1976 Code, as last amended
by Subsection C of Section 14, Part II, Act 466 of 1982, is amended to read:
"Every person owning or operating any billiard or pocket billiard table,
footsball table, bowling lane table, or skeeball table for profit shall apply for
and procure from the Commission a license for the privilege of operating such
billiard or pocket billiard table and pay for such license a tax of twenty-five
dollars for each table owned or operated."
SECTION 41
To Amend Section 12-9-390 Of The 1976 Code, As Amended, Relating To Taxes
Withheld, So As To Change The Reporting Requirements Of Withholding Agency.
A. Section 12-9-390 of the 1976 Code, as last amended by an act of 1983
bearing ratification number 44, is further amended to read:
"Section 12-9-390. Every withholding agent required to make a return or
deposit and pay taxes to the Internal Revenue Service under Section 6302 of the
Internal Revenue Code of 1954, as amended, and all applicable regulations
effective as of June 30, 1983, shall at the same time, make a return or deposit
and pay to the Commission any taxes deducted and withheld under the provisions
of Sections 12-9-310 to 12-9-370.
B. This section, upon approval by the Governor, shall take effect for taxes
withheld after December 31, 1983.
SECTION 42
To Amend Sections 23-35-50 and 23-35-70 Of The 1976 Code, Relating To
Fireworks, So As To Transfer Licensing And Record Keeping Duties And Regulation
Promulgation Authority From The South Carolina Tax Commission And The State Fire
Marshal To The State Board Of Pyrotechnic Safety.
A. Section 23-35-50 of the 1976 Code is amended to read:
"Section 23-35-50. Nothing in this chapter prohibits a licensed wholesale
distributor from storing for sale where legal all Class 'B' fireworks display or
agricultural purposes after first obtaining a license therefor from the State
Board of Pyrotechnic Safety. The cost of the license is seven hundred fifty
dollars.
Agricultural and display fireworks must be stored in an appropriate building
and a record of purchases and sales must be kept for inspection by the State
Board of Pyrotechnic Safety."
B. Section 23-35-70 of the 1976 Code is amended to read:
"Section 23-35-70. (1) Each wholesale distributor of fireworks in this
State is required to purchase an annual license from the State Board of
Pyrotechnic Safety at a cost of one thousand dollars which is subject to
regulations of the State Fire Marshal's office governing storage of fireworks.
A 'wholesale distributor' is defined as a person or firm selling fireworks to
licensed jobbers or licensed retailers.
(2) Each jobber selling fireworks in this State is required to purchase an
annual license from the State Board of Pyrotechnic Safety at a cost of a four
hundred dollars which is subject to regulations of the State Fire Marshal's
office governing storage of fireworks. A 'jobber' is defined as a person or firm
selling fireworks to licensed retailers.
(3) Each retailer is required to procure an annual license or permit at a cost
of fifty dollars which shall authorize the licensee to sell permissible
fireworks. The license or permit must be obtained from the municipal clerk, or
comparable municipal official, for retail sales within a municipality, after
approval of the applicant and his place of business by the municipal fire chief
serving such municipality; or, from the county clerk of court for retail sales
in the county outside a municipality after approval of the applicant and his
place of business by the county sheriff. No permit may be issued to an applicant
until the premises where the fireworks are to be kept for the purpose of sale
have been inspected and it is determined that the building and the facilities
within the building meet safety standards for the storage and sale of permissible
fireworks. The issuance of the permit is subject to regulations promulgated by
the State Board of Pyrotechnic Safety governing the storage, safe keeping, and
sale of fireworks. No person or firm may be issued a retail license who is not
already licensed by the State Tax Commission for sales tax purposes and who has
not held the sales tax license for at least sixty days. Permits issued to
retailers must be prominently displayed. No permit provided for herein may be
transferred nor shall a person be permitted to operate under a permit issued to
any other person.
(4) The respective licenses and permits must be issued on the form or forms as
the State Board of Pyrotechnic Safety may determine.
All funds derived from the sale of permits as prescribed in item (3) must be
retained by the county or municipality collecting the funds.
SECTION 43
To Amend Section 12-36-550, As Amended, Code Of Laws Of South Carolina, 1976,
Relating To Sales Tax Exemptions, So As To Provide That The Gross Proceeds Of The
Sale Of Electricity And Supplies, Technical Equipment, And Machinery Sold To
Cable Television Systems For Use In Producing Programs, Broadcasting, Or The
Distribution Of Programs Are Exempt From The Sales Tax.
A. Subsection (26) of Section 12-35-550 of the 1976 Code is amended to read:
"(26) The gross proceeds of the sale of electricity to radio stations,
television stations, and cable television systems for use in producing programs,
broadcasting, or distribution of programs."
B. Subsection (27) of Section 12-35-550 of the 1976 Code is amended to read:
"(27) The gross proceeds of the sale of all supplies, technical equipment,
and machinery used by radio stations, television stations, and cable television
systems for use in producing programs, broadcasting, or distribution of programs,
for the purpose of this subsection, radio stations, television stations, and
cable television systems are deemed to be manufacturers."
C. Subsections A and B of this section are effective July 1, 1984.
SECTION 44
To Amend Section 53-5-10, Aa Amended, 1976 Code, Relating To Legal Holidays,
So As To Include The Last Monday Of May And The Day Following National
Thanksgiving Day As Holidays For State Employees, And Permit Employees To Select
One Nonnationally Recognized Holiday From Four Such Holidays Or, In The
Alternative, Any Day Of Their Choice.
A. Section 53-5-10 of the 1976 Code, as last amended by Act 614 of 1978, is
further amended to read:
"Section 53-5-10. The first day of January, the fifteenth day of January,
the nineteenth day of January, the third Monday in February, the tenth day of
May, the last Monday of May, the third day of June, the fourth day of July, the
first Monday in September, the eleventh day of November, National Thanksgiving
Day and the day after, and the twenty-fifth and twenty-sixth days of December in
each year are legal holidays.
State employees may select, prior to the first day of January, in writing on
a form provided by their employer, one of the following nonnational holidays:
Martin Luther King's birthday, January 15; Robert E. Lee's birthday, January 19;
Confederate Memorial Day, May 10; or Jefferson Davis' birthday, June 3, or, in
the alternative, select a day of their choice.
All general election days are legal holidays in addition to the above".
B. This section shall take effect January 1, 1984.
SECTION 45
To Amend Section 9-1-1140 Of The 1976 Code, Relating To The South Carolina
Retirement System, So As To Authorize Retirement Service Credit For Employment
With The Regional Councils Of Government. The first paragraph of Section 9-1-1140
of the 1976 Code is amended to read:
"Subject to the approval of the Board, any member who is on leave of
absence on account of military service or for any other purpose which might tend
to increase the efficiency of the services of the member to his employer may make
monthly contributions to the System on the basis of the earnable compensation of
such member at the time such leave of absence was granted. Any person on leave
of absence in the armed forces of the United States who would otherwise have
qualified for prior service credit shall be entitled to prior service credit if
he returns to the service of teaching or any other employment covered by or
coming within the meaning hereof within a period of two years after he has been
honorable discharged. Employees under current employment by the State are
eligible to establish credit for previous employment with the regional councils
of government if the period is not covered by another retirement plan and payment
is rendered in accordance with Section 9-1-440."
SECTION 46
To Amend Section 23-3-30, 1976 Code, Relating To State Security Personnel Being
Under The Supervision Of The South Carolina Law Enforcement Division, So As To
Delete A Provision Which Except Security Personnel At Institutions Under The
Supervision Of The Department Of Mental Health From The Above Provisions.
Section 23-3-30 of the 1976 Code is amended to read:
"Section 23-3-30. All security personnel employed by the State, other than
at correctional institutions shall be under the direct supervision of the South
Carolina Law Enforcement Division."
SECTION 47
To Repeal Section 37 Of Part II Of Act 466 Of 1982 Permitting State Employees
To Use Sick Leave Or Annual Leave On A Pro-Rata Basis In Conjunction With
Worker's Compensation.
Section 37 of Part II of Act 466 of 1982 is repealed.
SECTION 48
To Amend Section 12-35-570 Of The 1976 Code Relating To Due Dates And Reports
For Payment Of The Sales Tax So As To Require The Reporting Of Gross Sales, Gross
Proceeds Of Sales, Or Gross Business Receipts By Location.
Section 12-35-570 is amended to read:
"Section 12-35-570. The taxes levied under the provisions of this article,
except as otherwise provided, are due and payable in monthly installments on or
before the twentieth day of the month next succeeding the month in which the tax
accrues. On or before the twentieth day of each month, every person on whom the
taxes levied by this article are imposed must render to the Commission, on a form
prescribed by the Commission, a true and correct statement showing by location
the gross sales, the gross proceeds of sales, or gross receipts of his business,
as the case may be, for the next preceding month and the amount of gross proceeds
or gross receipts which are not subject to the tax or are not to be used as a
measurement of the taxes due by the person, and the nature thereof, together with
other information as the Commission may demand and require, and at the time of
making a monthly report the person must compute the taxes due and must pay to the
Commission the amount of taxes shown to be due. A return must be considered to
be timely filed if the return is mailed and has a postmark dated on or before the
date the return is required by law to be filed."
SECTION 49
To Amend Section 58-25-50, Code Of Laws Of South Carolina, 1976, Relating To
Powers And Duties Of Regional Transportation Authorities, So As To Allow Them To
Provide Transportation Services For Residents Of Their Service Area To
Destinations Outside The Service Area.
Section 58-25-50 of the 1976 Code is amended by striking items (n) and (o) and
inserting:
"(n) To do all acts necessary for the conduct of its business;
(o) To promulgate rules and regulations;
(p) To provide transportation services for residents of the service area to
destinations outside the service area."
SECTION 50
To Amend Sections 9-1-1790 And 9-11-90, Both As Amended, Code Of Laws Of South
Carolina, 1976, Relating To The South Carolina Retirement System And The South
Carolina Police Officers Retirement System, So As To Increase The Amount A
Retired Member Who Returns To Covered Employment May Earn Without Affecting His
Benefits.
A. Section 9-1-1790 of the 1976 Code, as last amended by Section 41, Part II,
of Act 466 of 1982, is further amended to read:
"Section 9-1-1790. Any retired member of the System may return to
employment covered by the System and earn up to six thousand five hundred dollars
per fiscal year without affecting the monthly retirement allowance he is
receiving from the System. If the retired member continues in service after
having earned six thousand five hundred dollars in a fiscal year, his retirement
allowance shall be discontinued during his period of service in the remainder of
the fiscal year. If the employment continues for at least forty-eight consecutive
months the provisions of Section 9-1-1590 apply. The provisions of this section
do not apply to any employee or member of the System who has mandatorily retired
because of age pursuant to Section 9-1-1530."
B. Subsection (4) of Section 9-11-90 of the 1976 Code, as last amended by
Section 41, Part II, of Act 466 of 1982, is further amended to read:
"(4) Notwithstanding the provisions of subsections (1) and (2) of this
section, any retired member of the system may return to employment covered by the
System and earn up to six thousand five hundred dollars per fiscal year without
affecting the monthly retirement allowance he is receiving from the System. If
the retired member continues in service after having earned six thousand five
hundred dollars in a fiscal year, his retirement allowance shall be discontinued
during his period of service in the remainder of the fiscal year. If the
employment continues for at least forty-eight consecutive months the provisions
of Section 9-1-1590 apply. The provisions of this section do not apply to any
employee or member of the System who has mandatorily retired because of age
pursuant to Section 9-1-1530."
SECTION 51
To Amend Act 365 Of 1982, Relating To Management Of The State's Underwater
Archeological And Paleontological Resources, So As To Provide That Archeological
Records Are Not Open Records And To Limit Access To Them, And To Make Marking Of
Licensed Sites For Underwater Search And Salvage Directive Instead Of Mandatory.
A. Section 7 of Act 365 of 1982 is amended by adding at the end:
"(p) All archeological records of the Institute of Archeology and
Anthropology pertaining to underwater sites, including but not limited to actual
locations of archeological sites or mandatory reports from licensed divers
concerning locations of archeological finds and objects recovered, are not open
records under the provisions of the Freedom of Information Act. These records may
only be opened when the Director of the Institute of Archeology and Anthropology
considers that it is in the best interest of the State to allow access to the
records upon good cause shown by the person petitioning to open the
records."
B. Subsection (o) of Section 9 of Act 365 of 1982 is amended to read:
"(o) Each licensee may be required to properly mark and protect against
encroachment by others any and all sites and areas for which the license is
granted and the State is not responsible for such marking or protection except
as the Institute may determine to be incidental to the administration of this
act."
SECTION 52
To Repeal Act 505 Of 1980 Relating To One Year's Compensation And Workers'
Compensation Benefits For State Law Enforcement And Correctional Institution
Employees Injured By Criminal Conduct Of Another And To Provide That A Person
Specifically Excluded From Medical Benefits Under Act 505 Of 1980 Or Whose Case
Is Presently Pending Shall Receive Medical Benefits Under Title 42 Of The 1976
Code.
A. Act 505 of 1980 is repealed.
B. A person specifically excluded from medical benefits under Act 505 of 1980
or whose case is presently pending shall receive medical benefits under Title 42
of the 1976 Code.
SECTION 53
To Amend Section 57-5-340 Of The 1976 Code, Relating To The Sale Or Other
Disposition Of Real Estate Owned By the South Carolina Department Of Highways And
Public Transportation, So As to Require The Department To Make An Inventory Of
All Its Surplus Real Property, To Vigorously Pursue The Sale Of Property, And To
Provide That Funds Obtained From The Sale Of The Property By The Department Shall
Be Distributed Among The Counties In The Same Manner As Funds Distributed To The
Counties Under The Provisions Of Section 12-27-400 Of The 1976 Code.
Section 57-5-340 of the 1976 Code is amended to read:
"Section 57-5-340. The Department shall continuously inventory all of its
real property. When, in the judgement of the Department any real estate acquired
as provided in this chapter is no longer necessary for the proper operation of
the Department or highway systems, the Department shall vigorously attempt to
sell the property by advertising for competitive bids in local newspapers or by
direct negotiations, but in every case of the sale or transfer of any real estate
by the State Highway Commission or the Department, the sale or transfer shall be
made public by publishing notice of it in the minutes of the next succeeding
meeting of the Commission. The Commission and the Department shall convey by
deed, signed by the Chief Highway Commissioner and the Secretary-Treasurer, any
real estate disposed of under this section. Any funds derived from the sale of
surplus property by authority of this section shall be credited to the funding
category from which funds were drawn to finance the Department's acquisition of
the property. However, any funds derived from the sale of right-of-way, which the
Department has purchased, in excess of the Department's cost shall be distributed
among the counties as funds pursuant to Section 12-27-400."
SECTION 54
To Amend Act 150 Of 1979, As Amended, Relating To The Judicial Retirement
System, So As To Add Appeals Court Judges In The Definition Of Judge For Purposes
Of The Act.
Item (16) of Section 1 of Act 150 of 1979 is amended to read:
"(16) 'Judge' means a justice of the Supreme Court or a judge of the court
of appeals, circuit or family court of the State of South Carolina."
SECTION 55
To Require The Chief Insurance Commissioner To Examine The Affairs Of The
Insurance Reserve Funds At Least Annually And Make Recommendations And To Provide
Penalties.
A. For purposes of this act, unless the context otherwise requires:
(1) 'Board' means the State Budget and Control Board of South Carolina.
(2) 'Commissioner' means the Chief Insurance Commissioner of South Carolina.
(3) 'Insurance reserve funds' or 'funds' means the insurance reserve funds
administered by the Division of General Services of the State Budget and Control
Board to provide certain liability and property insurance, as authorized under
Section 1-11-140 and Chapter 7 of Title 10 of the 1976 Code, and the regulations
as may be prescribed by the Board.
B. (1) At least once each calendar year, and at any other time as considered
prudent, the commissioner must examine the affairs of the insurance reserve funds
and make findings and recommendations as provided by this act. For purposes of
examination, the commissioner or person making the examination must have free
access to all relevant records, books, and papers in the possession of any person
or entity and may summon, administer oaths to, and examine as witnesses any
persons in relation to matters relevant to the examination.
(2) The commissioner shall examine all methods of operation of the insurance
reserve funds to determine whether the funds are being administered in accordance
with sound insurance practices and in the best interest of the State. Following
the examination, the commissioner must prepare a report for submission to the
Board, the Speaker of the House of Representatives, and the President of the
Senate containing his findings and conclusions and any recommendations to improve
the efficiency, effectiveness, and overall operation of the funds.
C. Any person or entity having possession or control of any records, books, or
papers relevant to an examination by the commissioner who fails or refuses to be
examined under oath is guilty of a misdemeanor and upon conviction shall be
punished by a fine of not more than ten thousand dollars or imprisonment for not
more than one year and is subject to suspension or revocation of any insurance
licenses issued by the commissioner.
SECTION 56
To Amend Section 12, Part II, Of Act 219 Of 1977, As Amended, Relating To
Limitations On Annual Appropriations, So As To Delete A Provision Authorizing
Recommendations Of Appropriations To Exceed Ninety-Five Percent Of The Annual
Approved Revenue Estimates And Adding A Provision Prohibiting The General
Assembly From Appropriating In Excess Of Ninety-Five Percent Of The Anticipated
Revenue.
The fifth paragraph of Section 12, Part II, of Act 219 of 1977, is amended to
read:
After 1990, the General Assembly shall not approve an annual General Fund
Operating Budget in excess of ninety-five percent of the annual official revenue
estimate. Provided, initially beginning in 1986, the General Assembly shall
annually reduce the annual General Fund Operating Budget by one percent until the
annual General Fund Operating Budget is not in excess of ninety-five percent of
the annual official revenue estimate. Revenues in excess of ninety-five percent
of the annual official revenue estimate may be appropriated by the General
Assembly in separate legislation to the general reserve fund or for the purpose
of accelerating the retirement of state bonded indebtedness or for the purpose
of avoiding the issuance of bonds for projects that are authorized but not
issued."
SECTION 57
To Amend Section 44, Part II Of Act 466 Of 1982, Relating To Projecting And
Forecasting State Revenues, So As To Establish A Timetable For Issuing Economic
Forecasts And Adjusted Forecasts, To Prescribe Information That Must Be Contained
In Forecasts, To Require The Board To Compare Actual State Revenues With
Forecasts During The First Three Quarters Of A Fiscal Year, And To Prescribe The
Dissemination Of Forecasts, Adjusted Forecasts, And Reports.
Section 44, Part II of Act 466 of 1982, is amended by adding at the end:
"(8) (A) The Board of Economic Advisors shall make an initial forecast of
economic conditions in the State and state revenues for the next fiscal year no
later than November first of each year. Adjustments to the forecast must be
considered on December first and January first. A final forecast for the next
fiscal year must be made on February fifteenth. The February fifteenth forecast
may be adjusted monthly if the Board determines that changing economic conditions
have affected the February fifteenth forecast. Prior to making or adjusting any
forecast, the Board must consult with outside economic experts with respect to
national and South Carolina economic business conditions. All forecasts and
adjusted forecasts must contain:
(1) A brief description of the econometric model and all assumptions and basic
decisions underlying the forecasts;
(2) A projection of state revenues on a quarterly basis;
(3) Separate discussions of any industry which employs more than twenty percent
of the state's total nonagricultural employment and separate projections for
these industries.
B. The Board shall compare during the first three quarters of each fiscal year
its forecast of state revenues with actual state income. The Board shall review
General Fund revenue collections each year by December 31 and provide to the
Governor, Budget and Control Board, and General Assembly a synopsis of the
revenue outlook for the next six months.
C. All forecasts, adjusted forecasts, and reports of the Board of Economic
Advisors must be reported to the members of the Budget and Control Board and
provided to members of the General Assembly and made available to the news
media."
End of Part II
PART III
Supplemental Appropriations From Surplus
SECTION 1. There is hereby appropriated out of the General Fund of The State
to supplement the appropriations heretofore made in Act 466 of 1982.
General Services Division
Special Items:
Shared Communications
Network 1,200,000 1,200,000
Office Automation 800,000 800,000
Agri-Business Center 236,500 236,500
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Total Special Items 2,236,500 2,236,500
--------- ------------
Total General Services 2,236,500 2,236,500
=========== ===========
Clemson
Special Items:
Library Equipment 611,561 611,561
Instruction Equip-Data
Processing 64,094 64,094
--------- ------------
Total Special Items 675,655 675,655
--------- ------------
Total Clemson 675,655 675,655
=========== ===========
Francis Marion
Special Items:
Library Equipment 68,308 68,308
--------- ------------
Total Special Items 68,308 68,308
--------- ------------
Total Francis Marion 68,308 68,308
=========== ===========
Lander College
Special Items:
Library Equipment 66,381 66,381
Instructional Equipment 45,965 45,965
Student Services Equipment 28,437 28,437
--------- ------------
Total Special Items 140,783 140,783
--------- ------------
Total Lander College 140,783 140,783
=========== ===========
S.C. State College
Special Items:
Instructional Equipment 264,000 264,000
Library Equipment 105,000 105,000
Academic Adm Equipment 64,921 64,921
Data Processing 10,646 10,646
--------- ------------
Total Special Items 444,567 444,567
--------- ------------
Total S.C. State College 444,567 444,567
=========== ===========
Tech & Comp Education
Special Items:
Equipment 1,500,000 1,500,000
--------- ------------
Total Special Items 1,500,000 1,500,000
--------- ------------
Total Tech & Comp Education 1,500,000 1,500,000
=========== ===========
Department of Education
Special Items:
School Buses 8,000,000 8,000,000
--------- ------------
Total Special Items 8,000,000 8,000,000
--------- ------------
Total Department of Education 8,000,000 8,000,000
=========== ===========
Development Board
Special Items:
Brochures & Other Operations 293,843 293,843
--------- ------------
Total Special Items 293,843 293,843
--------- ------------
Total Development Board 293,843 293,843
=========== ===========
Industrial Commission
Special Items:
Computer Operations 98,125 98,125
--------- ------------
Total Special Items 98,125 98,125
--------- ------------
Total Industrial Commission 98,125 98,125
=========== ===========
Miscellaneous Appropriations
Special Items:
S.C. Research Authority 500,000 500,000
--------- ------------
Total Special Items 500,000 500,000
--------- ------------
Total Miscellaneous
Appropriations 500,000 500,000
=========== ===========
Total Supplemental
Appropriation 13,957,781 13,957,781
=========== ===========
Provided, Further, That the $293,843 appropriated herein shall be expended for
a demonstration project to enhance employment opportunities by promoting the
expansion of small businesses, service, and commercial companies, targeted
industries, and export markets.
Provided, Further, That any unexpended funds on June 30, 1984, shall lapse to
the General Fund of the State.
Provided, Further, That General Services shall report to the Budget and Control
Board and the Joint Bond Review Committee upon completion of market analysis and
studies for the Agri-Business Center proposed for the Mt. Vernon Mill.
Provided, Further, That of the amount appropriated in this section for
Technical and Comprehensive Education-Equipment, the State Board for Technical
and Comprehensive Education shall obtain matching on a one-for-one basis for at
least one-half of the amount either in cash or in-kind from business, industry,
or other sources to ensure their active participation in TEC college programs.
SECTION 2. The amounts appropriated in this part may be carried forward and
expended for the same purposes during Fiscal Year 1983-84.
End of Part III
All Acts or parts of Acts inconsistent with any of the provisions of Part I of
this Act are hereby suspended for the Fiscal Year 1983-84.
All Acts or parts of Acts inconsistent with any of the provisions of Part II
of this Act are hereby repealed.
Except as otherwise specifically provided herein this Act shall take effect
immediately upon its approval by the Governor.