Provided, Further, That the Department of Highways and Public
Transportation may sell any materials, supplies, or equipment
classified as obsolete, surplus, or junk for which the Department
has no further need, or offer same for trade-in in the purchase of
new materials or equipment. All such sales of obsolete, surplus or
junk materials or equipment by the Department shall be at public
auction, unless the Department deems another sales method is more
advantageous, with the approval of General Services, not less than
ten days after having been advertised in a newspaper of statewide
circulation at least once. The Department may reserve the right to
reject any or all bids. Items having a value of less than one
hundred dollars may be disposed of by sale in the most advantageous
way to the Department, and the Department may make negotiated sales
of surplus materials, equipment and supplies to county, State, and
municipal agencies on a mutually agreed upon basis. All proceeds
from the sale of such obsolete, surplus or junk material, supplies,
and equipment shall be credited to the Highway and Public
Transportation Fund.
Provided, Further, That the Department of Highways and Public
Transportation is authorized to publish, in the interest of
employee relations, a periodical devoted to Department operations
and related activities. Such publication shall be for free
distribution to Department personnel and other interested citizens.
The cost of publishing and distributing such periodical shall be
paid from the Highway and Public Transportation Fund. Such
periodical shall be mailed only to those persons who request it in
writing and a record of each request shall be maintained by the
Department.
Provided, Further, That members of the Department of Highways and
Public Transportation Commission shall receive such per diem,
subsistence and mileage for each official meeting as is provided by
law for members of boards, commissions and committees.
Provided, Further, That it is the intent of the General Assembly
that in accordance with Section 12-27-400, the expenditure of funds
known as 'C' construction funds shall have the approval of a
majority of the House delegation members and the Senator of the
senatorial district in which the expenditures are to be made, and
any changes made by the district highway commissioner to the
original plan of expenditures are subject to a second approval by
a majority of the House delegation members and the senator of the
senatorial district.
Provided, Further, That the Department Commission may transfer
funds appropriated to this Section from one line item to another as
the needs demand without permission from the Budget and Control
Board.
Provided, Further, That the Department of Highways and Public
Transportation shall, subject to the approval of a majority of the
Beaufort County Legislative Delegation, expend 'C' funds allocated
to Beaufort County and other available funds for the construction
of a bicycle safety path from the Marine Corps Air Station in
Beaufort to the United States Marine Corps Housing Development in
Laurel Bay.
Provided, Further, That additional powers are conferred upon the
committee created in Section 18(A) of Act 177 of 1981, to review
the budgeting process of the Department of Highways and Public
Transportation. Based upon its review of the budgeting process, the
committee shall annually report to the General Assembly its
recommendations as to needed legislation relating to the process.
The expenses of the committee shall be paid from the approved
accounts of the House and Senate.
Provided, Further, That the Department shall include in each
mailing of vehicle registration renewal cards a Wildlife magazine
subscription form provided by the Department of Wildlife and Marine
Resources. Provided, Further, That if the Department of Highways
and Public Transportation decides to use postcards in the mailing
of vehicle registration renewal cards or reminders, this proviso
does not apply.
Provided, Further, That the Department of Highways and Public
Transportation is authorized to issue a temporary driver's license
or identification card without a laminated colored photograph of
the licensee, for a period not to exceed twelve months. The
applicant and licensee must comply with provisions of law as set
forth in Chapter 1 of Title 56 of the South Carolina Code of Laws,
as amended, and such license shall expire no later than the last
day of the month one year from the date of issuance or such time as
indicated by the Department. The fee for such temporary license or
identification card shall be one dollar.
Provided, Further, That the Department of Highways and Public
Transportation shall have the authority with approval of the
Attorney General to employ, within existing authorized positions,
necessary legal and support staff to represent the Department in
legal matters, including condemnation proceedings and other
litigation; such representation shall be under the jurisdiction and
control of the Attorney General.
Provided, Further, That the Department of Highways and Public
Transportation shall continue to collect the casual sales tax as
contained in the contractual agreement between the Tax Commission
and the Department and the State Treasurer is authorized to
reimburse the Department on a monthly basis for the actual cost of
collecting the casual sales tax and such reimbursement shall be
paid from revenues generated by the casual sales tax.
Provided, Further, That 'C' Fund money authorized for stone on
country roads may be used in any county regardless of the present
10% unpaved limit.
Provided, Further, That the Department of Highways and Public
Transportation shall expend 'C' Funds allocated to Charleston
County to assist in the design of highway facilities to act as
emergency highway routes from the sea islands to the mainland.
Furthermore, the Department shall accept gifts from individuals or
corporate entities to assist in the design of these emergency
highway routes. All 'C' Funds expended and gifts accepted for this
purpose shall be subject to the approval of a majority of the
Charleston County Legislative Delegation. 'C' Funds may also be
used in Charleston County to construct roads including grading and
drainage in areas to provide access from the Bees Ferry Road and
areas of Highway 61 to Mark Clark Expressway and to provide
emergency and reasonable access to the Highway 61 area to protect
the scenic beauty of the road.
Provided, Further, That the Department shall by use of its funds,
in coordination with the Charleston Area Transportation Study
Policy Committee, develop plans and specifications and implement a
comprehensive project to prevent ship collisions with the bridges
over the Cooper and Wando Rivers and to provide emergency advance
notification to vehicles of any such impending collision. This
project shall be completed by June 30, 1985.
Provided, Further, That all revenue generated from the sale of
the South Carolina Wildlife magazine and by-product revenues used
to support the South Carolina Wildlife magazine, shall be retained
by the Wildlife and Marine Resources Department and used solely for
the support of the South Carolina Wildlife magazine.
SECTION 120
Recapitulation
Sec. Legislative Department:
3A. The Senate $ 5,337,820 $ 5,337,820
3B. House of
Representatives 6,993,429 6,993,429
3C. Special Services for
Both Houses 353,619 353,619
3D. Codification of Laws and
Legislative Council 1,614,422 1,604,422
3E. Legislative Printing &
Information 2,440,231 2,440,231
3F. Legislative Audit Council 848,750 848,750
3G. Legislative Information
Systems 874,681 874,681
3H. State Reorganization
Commission 693,755 693,755
3K. Joint Legislative Committees
K 1. Membership Research
Committee 114,567 114,567
K 2. Committee on Energy 136,200 136,200
K 3. Appropriations Review 274,588 274,588
K 4. Committee on Health Care
Planning 155,103 155,103
K 5. Alcohol & Drug Abuse 26,100 26,100
K 6. State Bidding Practices 5,349 5,349
K 7. Tobacco Advisory 8,101 8,101
K 8. Education Study 24,587 24,587
K 9. Textile Study 11,193 11,193
K10. State Employees
Employment 10,223 10,223
K11. Handicapped 9,540 9,540
K12. Insurance Laws & Auto
Liability 70,097 70,097
K13. Workers Compensation
Study 34,041 34,041
K14. Public Transportation
Study 8,641 8,641
K15. Aging Study 34,223 34,223
K16. Consumer Affairs 9,000 9,000
K17. Agriculture Study 12,000 12,000
K18. Water Resources 2,385 2,385
K19. Catawba Indian
Commission 15,741 15,741
K20. Mental Health &
Retardation 48,671 48,671
K21. Tourism & Trade 32,245 32,245
K22. Social Services Advisory 14,539 14,539
K23. Continuing Committee on
Retirement Systems 12,954 12,954
K24. Tax Study Commission 48,850 48,850
K25. Children's Study 197,537 197,537
K26. Crime Study 3,148 3,148
K27. Internal Security 5,000 5,000
--------- ------------
Total Legislative
Department $ 20,481,330 $ 20,471,330
SEC. 4. Judicial Department $ 19,189,600 $ 19,189,600
--------- ------------
Total Judicial Department $ 19,189,600 $ 19,189,600
Executive & Administrative Division:
SEC. 5. Governor's Office:
5A. Executive Control of
State $ 911,463 $ 911,463
5B. State Law Enforcement
Division 13,704,279 12,750,779
5C. Executive Policy &
Programs 103,125,538 5,263,464
5D. Mansion & Grounds 188,863 188,863
SEC. 6. Lieutenant Governor's
Office 180,514 180,514
SEC. 7. Secretary of State's
Office 733,980 733,980
SEC. 8. Comptroller General's
Office 4,196,204 4,196,204
SEC. 9. State Treasurer's
Office 2,040,126 2,040,126
SEC. 10. Attorney General's
Office 10,413,685 10,413,685
SEC. 11. Commission on Appellate
Defense 533,057 533,057
SEC. 11A. South Carolina Sentencing &
Guidelines Commission 157,566 157,566
SEC. 12. Adjutant General's
Office 6,789,822 3,153,094
SEC. 12A. South Carolina State
Guard 73,776 73,776
SEC. 13. State Election
Commission 1,276,590 1,176,590
SEC. 14. Budget & Control Board:
14A. Office of Executive
Director 3,496,511 3,196,867
14B. Budget Division 3,117,559 2,765,559
14C. Research & Statistical
Services Division 2,396,580 1,928,061
14D. Information Resources
Management 19,550,345 2,258,254
14E. General Services
Division 18,039,278 4,330,482
14F. State Fire Marshal 1,681,991 1,666,991
14G. Motor Vehicle Management
Division 3,232,417 232,784
14H. State Personnel
Division 4,425,036 2,557,134
14I. Local Government
Division 5,114,805 5,114,805
14J. State Auditor 2,725,924 2,725,924
14K. Retirement Division 3,008,551 .........
14L. Employee Benefits 60,045,267 60,045,267
--------- ------------
Total Executive & Administration
Division $ 271,159,727 $ 128,595,289
Educational Division:
SEC. 15. Commission on Higher
Education $ 3,184,768 $ 3,184,768
SEC. 16. Higher Education Tuition Grants
Committee 13,775,259 13,126,584
SEC. 17. The Citadel 27,142,024 11,006,059
SEC. 18. Clemson University (Educational
& General) 126,441,270 52,428,171
SEC. 19. College of
Charleston 30,735,020 14,942,773
SEC. 20. Francis Marion
College 12,575,234 7,842,245
SEC. 21. Lander College 11,010,495 5,867,513
SEC. 22. S. C. State College 29,364,567 16,453,448
SEC. 23. University of South Carolina:
SEC. 23A. USC--Columbia
Campus 177,455,977 84,104,486
23B. USC--Medical School 12,875,098 10,618,844
23C. USC--Aiken Campus 7,178,413 4,463,413
23D. USC--Coastal
Carolina Campus 9,594,266 5,868,581
23E. USC--Spartanburg
Campus 9,945,436 5,864,906
23F. USC--Beaufort Campus 1,373,478 828,384
23G. USC--Lancaster
Campus 2,782,872 1,547,072
23H. USC--Salkehatchie
Campus 1,574,581 853,446
23I. USC--Sumter Campus 3,295,121 1,892,003
23J. USC--Union Campus 1,009,905 599,742
SEC. 24. Winthrop College 31,593,072 14,528,800
SEC. 25. Medical University of S. C.
25A. Medical University
of S. C. 89,949,223 60,436,223
25B. Medical University of S. C.
Hospital 89,051,238 9,000,000
25C. S. C. Consortium of Community
Teaching Hospitals 12,868,406 12,418,406
25D. Charleston Higher Education
Consortium 315,282 190,282
SEC. 26. Advisory Council Vocational &
Technical Education 161,284 37,286
SEC. 27. State Board for Technical &
Comprehensive
Education 127,514,560 69,120,484
SEC. 28. State Education
Department 1,243,667,693 852,508,991
SEC. 29. Educational Television
Commission 18,713,988 13,876,876
SEC. 30. Wil Lou Gray
Opportunity School 2,273,229 1,806,420
SEC. 31. Vocational
Rehabilitation 43,854,437 11,477,809
SEC. 32. School for the Deaf
& the Blind 8,289,921 7,623,335
SEC. 33. Department of
Archives & History 3,924,935 2,954,848
SEC. 34. Confederate Relic Room 141,421 141,421
SEC. 35. S. C. State Library 5,422,442 4,573,963
SEC. 36. S. C. Arts Commission 3,117,917 1,857,856
SEC. 37. State Museum Commission 864,920 772,342
--------- ------------
Total Educational
Division $ 2,163,037,752 $ 1,304,817,780
Health Division:
Sec. 38. Department of Health &
Environmental
Control $ 157,648,773 $ 63,547,291
SEC. 39. Department of
Mental Health 126,382,646 95,622,362
SEC. 40. Department of Mental
Retardation 101,543,803 54,591,242
SEC. 41. S. C. Commission on Alcohol &
Drug Abuse 7,788,850 4,902,973
--------- ------------
Total Health Division $ 393,364,072 $ 218,663,868
Social Rehabilitation Services Division:
SEC. 42. Department of
Social Services $ 869,064,795 $ 147,875,638
SEC. 43. John de la Howe
School 1,938,312 1,671,852
SEC. 44. Advisory Board for Review of
Foster Care of Children 450,810 450,810
SEC. 45. Children's Bureau 1,079,091 1,023,563
SEC. 46. Commission for
the Blind 4,595,215 2,531,322
SEC. 47. Commission on Aging 12,172,530 1,459,874
SEC. 48. State Housing
Authority 13,650,789 416,267
SEC. 49. S. C. Commission on Human
Affairs 1,388,517 1,128,517
SEC. 50. Department of
Veterans Affairs 1,036,670 1,036,670
SEC. 51. Commission on Women 58,343 57,543
--------- ------------
Total Social Rehabilitation
Services Division $ 905,435,072 $ 157,652,056
Correctional Division:
SEC. 52. Department of
Corrections $ 91,778,212 $ 79,376,472
SEC. 53. Paroles & Community
Corrections 10,096,019 9,744,606
SEC. 54. Department of Youth
Services 23,817,663 21,530,082
SEC. 55. Law Enforcement Training
Council 3,707,227 ...........
SEC. 56. Law Officers Hall of Fame
Committee 161,522 ...........
--------- ------------
Total Correctional
Division $ 129,560,643 $ 110,651,160
Conservation, Natural Resources & Development Division:
SEC. 57. Water Resources
Commission $ 2,210,034 $ 1,840,283
SEC. 58. State Land Resources
Conservation
Commission 2,557,617 2,195,72
SEC. 59. State Forestry
Commission 14,366,011 11,448,925
SEC. 60. Department of
Agriculture 8,029,909 4,842,438
SEC. 61. Family Farm Development
Authority 200,000 137,000
SEC. 62. Clemson University--Public
Service Activities 47,142,735 28,575,293
SEC. 63. Wildlife & Marine Resources
Department 28,081,068 13,460,432
SEC. 64. Coastal Council 1,571,421 871,421
SEC. 65. Sea Grants Consortium 1,405,238 370,452
SEC. 66. Department of Parks, Recreation &
Tourism 20,091,590 8,193,930
SEC. 67. State Development
Board 4,673,400 4,673,400
SEC. 67A. Jobs--Economic Development
Authority 6,351,580 132,243
SEC. 68. Patriots Point Development
Authority 1,608,068 346,425
SEC. 69. Clarks Hill-Russell Authority of
S.C. 154,028 154,028
SEC. 70. Old Exchange Building
Commission 263,416 88,207
--------- ------------
Total Conservation, Natural
Resources & Development
Division $ 138,706,145 $ 77,330,199
Regulatory Division:
SEC. 71. Public Service
Commission $ 5,188,127 $ 4,800,719
SEC. 72. Industrial Commission 2,482,767 2,441,967
SEC. 73. State Workers' Compensation
Fund 1,419,667 110,000
SEC. 74. Second Injury Fund 402,442 ...........
SEC. 75. Department of
Insurance 4,080,230 4,080,230
SEC. 76. Financial Institutions Board:
76A. Administration Division 19,270 19,270
76B. Bank Examining
Division 783,177 783,177
76C. Consumer Finance
Division 315,633 315,633
SEC. 77. Department of Consumer
Affairs 1,309,519 1,307,019
SEC. 78. State Dairy Commission 282,590 282,590
SEC. 79. Department of Labor 3,853,720 2,519,872
SEC. 80. State Tax Commission 19,396,770 19,330,770
SEC. 81. Alcoholic Beverage Control
Commission 2,421,862 2,354,862
SEC. 82. State Ethics Commission 143,024 143,024
SEC. 83. Employment Security
Commission 42,616,876 115,104
SEC. 84. Board of Accountancy 225,216 225,216
SEC. 85. Board of Architectural
Examiners 168,060 168,060
SEC. 86. Auctioneers' Commission 88,208 88,208
SEC. 87. Board of Barber
Examiners 126,157 126,157
SEC. 88. Cemetery Board 2,562 2,562
SEC. 89. Board of Chiropractic
Examiners 51,381 51,381
SEC. 90. Contractors Licensing
Board 240,316 240,316
SEC. 91. Board of Cosmetology 301,190 301,190
SEC. 92. Board of Dentistry 135,161 135,161
SEC. 93. Board of Engineers and
Land Surveyors 225,220 225,220
SEC. 94. Board of Certification of
Environmental Systems
Operators 116,456 116,456
SEC. 95. Board of Registration
of Foresters 5,351 5,351
SEC. 96. Board of Funeral Service 57,658 57,658
SEC. 97. Board of Medical
Examiners 448,603 448,603
SEC. 98. Board of Nursing 473,273 473,273
SEC. 99. Board of Examiners for Nursing
Home Administrators 48,741 48,741
SEC.100. Board of Occupational
Therapy 2,378 2,378
SEC.101. Board of Examiners in
Opticianry 13,950 13,950
SEC.102. Board of Examiners in
Optometry 26,385 26,385
SEC.103. The Board of Pharmacy 162,052 162,052
SEC.104. Board of Physical
Therapy Examiners 21,207 21,207
SEC.105. Board of Podiatry
Examiners 1,044 1,044
SEC.106. Board of Examiners in
Psychology 9,375 9,375
SEC.107. Real Estate Commission 834,287 834,287
SEC.108. Residential Home Builders
Commission 349,884 349,884
SEC.109. Board of Examiners for Registered
Sanitarians 9,375 9,375
SEC.110. Board of Social Workers
Registration 4,930 4,930
SEC.111. Board of Examiners for Speech,
Pathology & Audiology 10,456 10,456
SEC.112. Board of Veterinary Medical
Examiners 21,213 21,213
--------- ------------
Total Regulatory Division $ 88,889,345 $ 42,777,908
Transportation Division: $ 2,456,424 $ 2,283,309
SEC.114. D H & P T--Interagency Council
on Public Trans. 768,576 685,361
Total Transportation
Division $ 3,225,000 $ 2,968,670
SEC.115. Debt Service $ 108,618,119 $ 108,618,113
--------- ------------
Total Debt Service $ 108,618,119 $ 108,618,113
Miscellaneous Division:
SEC.116. Miscellaneous $ 274,172 $ 274,172
SEC.117. Dues and Contributions 104,687 104,687
SEC.118. Aid to Subdivisions 157,049,248 157,049,248
--------- ------------
Total Miscellaneous
Division $ 157,428,107 $ 157,428,107
Highway Department:
SEC.119. Department of Highways and
Public
Transportation $ 446,010,122 $ 600,000
--------- ------------
Total Highway Department $ 446,010,122 $ 600,000
--------- ------------
GRAND TOTAL $ 4,845,105,034 $ 2,349,764,034
=========== ===========
Appropriated General
Funds $ 2,349,764,086
Federal Funds 1,424,452,117
Other Funds 1,070,888,831
--------- ------------
Total $ 4,845,105,034
=========== ===========
SECTION 121
ESTIMATE OF GENERAL, SCHOOL, HIGHWAY AND EDUCATIONAL IMPROVEMENT
ACT REVENUE
Fiscal Year 1984-85
Estimated Revenue
Retail Sales Tax $ 849,498,280
Income Tax: 150,000
Individual 899,150,000
Corporation 150,000,000
Total Income and Sales $ 1,898,648,280
All Other Revenue:
Admissions Tax $ 5,750,000
Aircraft Tax 190,000
Alcoholic Liquor Tax 43,340,000
Bank Tax 5,300,000
Beer and Wine Tax 60,000,000
Business License Tax 30,500,000
Cable Television Fees 7,500
Coin-Operated Device Tax 6,300,000
Commercial Nuclear Waste Tax 4,800,000
Contractors License Tax 750,000
Corporation License Tax 20,000,000
Department of Agriculture 5,457,300
Department of Supported Appropriations 8,443,409
Documentary Tax 14,500,000
Earned on Investments 45,898,000
Electric Power Tax 13,800,000
Estate Tax 14,800,000
Fertilizer Inspection Tax 240,000
Gasoline Tax--Counties 15,500,000
Gift Tax 53,201,700
Insurance Tax 17,223,076
Miscellaneous Departmental Revenue 17,223,076
Motor Transport Fees 5,762,500
Private Car Lines Tax 1,225,000
Public Service Assessment 4,738,200
Public Service Authority 1,700,000
Retailers License Tax 4,500,000
Savings & Loan Association Tax 1,500,000
Soft Drinks Tax 15,940,000
Workers' Compensation Insurance Tax 9,100,000
------------
Total All Other Revenue $ 411,416,685
Total Regular Sources $ 2,310,064,965
Miscellaneous Sources:
Circuit & Family Court Fines $ 1,377,622
Debt Service Transfers 18,062,139
Earned Funds 3,000,000
Housing Authority Reimbursement 374,058
Indirect Cost Recoveries 14,914,056
Mental Health Fees 3,800,000
Health Insurance Reserve Fund Transfer 26,716,572
Parole and Probation Supervision Fees 1,900,000
Unclaimed Property Fund Transfer 500,000
Waste Treatment Loan Repayment 400,000
General Revenue Sharing 700,000
------------
Total Miscellaneous Sources $ 71,744,447
------------
Total Regular and Miscellaneous Revenue $2,381,809,412
Reserve Fund Transfers
Education Improvement Transfer
Transfer to Income Tax Credit 32,000,000
------------
Total General and School Revenue $ 2,349,809,412
------------
Total Highway Revenue $ 299,492,404
Education Improvement Fund:
1% Retail Sales Tax $ 215,900,000
Transfer to Income Tax Credit
Commercial Nuclear Waste Tax
Transfer From General Fund
Earned on Investments 2,000,000
------------
Total Education Improvement Fund $ 217,900,000
------------
Total General, School, Highway
and EIA Revenue $ 2,817,201,816
===========
SEC. 122. The expenditure of money appropriated in this Act shall
be by warrant requisitions directed to the Comptroller General.
Upon receipt of the requisition, accompanied by invoices or other
satisfactory evidence of the propriety of the payment, and itemized
according to standard budget classifications, the Comptroller
General shall issue his warrant on the State Treasurer to the payee
designated in the requisition. Provided, However, That upon
approval and designation by the State Budget and Control Board,
state institutions may requisition funds in favor of their own
treasurer, itemized only to the extent of the purpose of the
appropriation as expressed in this Act, and may deposit such funds
in the name of the institution, in such bank or banking
institutions as shall be designated by the State Treasurer, and
disburse same by check to meet the purposes of the appropriation,
but strict account shall be kept of all such expenditures according
to standard budget classifications. All money shall be drawn only
when actually owing and due.
Provided, Further, That the Comptroller General shall establish
rules and regulations for the uniform reimbursement, remittance and
transfers of funds to the General Fund of the State required by
law.
SEC. 123. During the Fiscal Year 1984-85, student fees at the
State institutions of higher learning shall be fixed by the
respective Boards of Trustees as follows:
(1) Fees applicable to student housing, dining halls, student
health service, laundries and all other personal subsistence
expenses shall be sufficient to fully cover the total direct
operating and capital expenses of providing such facilities and
services over their expected useful life.
(2) Student Activity Fees may be fixed at such rates as the
respective Boards shall deem reasonable and necessary.
SEC. 124. The University of South Carolina, Clemson University,
the Medical University of S. C. (including the Medical University
Hospital), The Citadel, Winthrop College, S. C. State College,
Francis Marion College, College of Charleston, Lander College and
the Wil Lou Gray Opportunity School shall remit all revenues and
income, collected at the respective institutions, to the State
Treasurer according to the terms of Section 1 of this Act, but all
such revenues or income so collected, except fees received as
regular term tuition, matriculation, and registration, shall be
carried in a special continuing account by the State Treasurer, to
the credit of the respective institutions, and may be requisitioned
by said institutions, in the manner prescribed in Section 122 of
this Act, and expended to fulfill the purpose for which such fees
or income were levied, but no part of such income shall be used for
permanent improvements without the express written approval of the
State Budget and Control Board and the Joint Legislative Capital
Bond Review Committee; and it is further required that no such fee
or income shall be charged in excess of the amount that is
necessary to supply the service, or fulfill the purpose for which
such fee or income was charged. Provided, Further, That
notwithstanding other provisions of this act, funds at State
Institutions of Higher Learning derived wholly from athletic or
other student contests, from the activities of student
organizations, and from the operations of canteens and bookstores,
and from approved Private Practice plans may be retained at the
institution and expended by the respective institutions only in
accord with policies established by the institution's Board of
Trustees. Such funds shall be audited annually by the State but the
provisions of this Act concerning unclassified personnel
compensation, travel, equipment purchases and other purchasing
regulations shall not apply to the use of these funds.
SEC. 125. That if necessary the board of trustees of State
institutions of higher learning may limit the admission of students
upon the basis of scholarship standing. Provided, Further, That no
State scholarships shall be granted by State institutions of higher
learning, namely: The University of South Carolina, Clemson
University, The Citadel, Winthrop College, S. C. State College,
Francis Marion College, the College of Charleston and Lander
College.
Provided, Further, That this section does not apply to funds
allocated to the institutions for the purpose of implementing the
South Carolina Plan for Equity and Equal Opportunity in the Public
Colleges and Universities.
SEC. 126. The Boards of Trustees of the University of South
Carolina, Clemson University, The Citadel, Winthrop College, S. C.
State College, Francis Marion College, the College of Charleston,
and Lander College, are hereby authorized to abate the tuition fee
charged at these institutions to the extent of Fifty ($50.00)
Dollars to the winner of the American Legion High School Oratorical
Contest and to the Governor of Boy's State and to the highest
ranking student in the State in the annual National Science Talent
Search and to the Governor of Girls' State; and said abatements to
be for four (4) years in each instance. As to the winner of the
American Legion High School Oratorical Contest and the Governor of
Boys' State, the abatement shall be granted only when the American
Legion, Department of South Carolina, shall have contributed a like
amount per year. The abatement of tuition herein provided is for
the purpose of furnishing a scholarship of One Hundred ($100.00)
Dollars per year to the winners of the above contests, the State of
South Carolina and the American Legion, Department of South
Carolina, co-operating on an equal basis in providing these
scholarships.
SEC. 127. Notwithstanding any other provisions of this Act, funds
at Technical Education Colleges derived wholly from the activities
of student organizations and from the operations of canteens and
bookstores may be retained by the college and expended only in
accord with policies established by the respective college's Area
Commission and approved by the State Board for Technical and
Comprehensive Education.
SEC. 128. As far as practicable all departments, institutions,
and agencies of the State are hereby directed to budget and
allocate the appropriations herein made to them as quarterly
allocations so as to provide for operation on uniform standards
throughout the fiscal year and in order to avoid a deficiency in
such appropriations. It should be recognized that academic year
calendars of state institutions will affect the uniformity of the
receipt and distribution of funds during the years. The Budget and
Control Board is authorized to require any agency, institutions or
department to file a quarterly allocations plan and is further
authorized to restrict the rate of expenditures of the agency,
institution or department if the Board determines that a deficit
may occur. Provided, Further, That the bonds of State officials
violating the terms of this section shall be held liable therefor,
unless the Budget and Control Board has been advised of, and
officially recognizes the necessity for such deficit.
SEC. 129. All Federal Funds received shall be deposited in the
State Treasury, if not in conflict with Federal regulations, and
withdrawn therefrom as needed, in the same manner as that provided
for the disbursement of state funds. If it shall be determined that
federal funds are not available for, or cannot be appropriately
used in connection with, all or any part of any activity or program
for which state funds are specifically appropriated in this Act to
match Federal funds, the appropriated funds may not be expended and
shall be returned to the General Fund, except upon specific written
approval of the Budget and Control Board after review by the Joint
Appropriations Review Committee. Provided, Further, That donations
or contributions from sources other than the Federal Government,
for use by any state agency, shall be deposited in the State
Treasury, but in special accounts, and shall be withdrawn from the
treasury as needed to fulfill the purposes and conditions of the
said donations, or contributions, if specified, and, if not
specified, as may be directed by the proper authorities of the
department. Provided, Further, That the expenditure of funds by
agencies of the State Government from sources other than General
Fund appropriations shall be subject to the same limitations and
provisions of law applicable to the expenditure of appropriated
funds with respect to salaries wages or other compensation, travel
expense, and other allowance or benefits for employees.
SEC. 130. Provided, Further, That except as otherwise provided in
this Act, all appropriations for compensation of State Employees
shall be paid in twice-monthly installments to the person holding
such position. In order to provide a regular and permanent schedule
for payment of employees, it is hereby established that the payroll
period shall begin on June 2, 1984, with the first pay period
ending on June 16, 1984. The payroll period shall continue
thereafter on a twice-monthly schedule as established by the Budget
and Control Board. It is the intent of the General Assembly that
this schedule, thus established, will continue from one fiscal year
to another without interruption, on a twice monthly basis. The
Budget and Control Board is authorized to approve any changes to
this schedule where circumstances are deemed justifiable.
Provided, Further, That the appropriated salaries for specified
positions shall mean the maximum compensation for such position,
and in any case where the head of any department can secure the
services for a particular position or work at a lower rate than the
salary specified in this Act authority for so doing is hereby
given.
Provided, Further, That no employee of any state department or
institution shall be paid any compensation from any other
department of the state government except with the approval of the
State Budget and Control Board, and no employee of any department
or institution shall be paid travel expenses by any other
department or institution without approval of the agency by which
he is regularly employed. Provided, Further, That the Comptroller
General shall report, after June thirtieth of each year, to the
House Ways and Means Committee and the Senate Finance Committee the
names of all employees receiving dual compensation and the amounts
received.
SEC. 131. That salaries paid to officers and employees of, the
State, including its several boards, commissions, and institutions
shall be in full for all services rendered, and no perquisites of
office or of employment shall be allowed in addition thereto, but
such perquisites, commodities, services or other benefits shall be
charged for at the prevailing local value and without the purpose
or effect of increasing the compensation of said officer or
employee. Provided, Further, That the charge for these items may
be payroll deducted at the discretion of the Comptroller General or
the chief financial officer at each agency maintaining its own
payroll system. Provided, However, That this shall not apply to the
Governor's Mansion, nor to guards at any of the State's penal
institutions and nurses and attendants at the Department of Mental
Health, and the Department of Mental Retardation, nor to the
Superintendent and staff of John de la Howe School, nor to the
cottage parents and staff of Wil Lou Gray Opportunity School, nor
to the Directors of John G. Richards Campus, Willow Lane Campus,
and the Reception and Evaluation Center at the Department of Youth
Services. Provided, Further, That the Presidents of those State
institutions of higher learning authorized to provide on-campus
residential facilities for students may be permitted to occupy
residences on the grounds of such institutions without charge.
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
Commissioner 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;
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; 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; and house parents for the Commission
for the 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 1,1984.
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. 132. 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. 133. 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
$18 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 $30. 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 traveling 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 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 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 as
provided in this Act for members of the General Assembly 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.
Upon approval of the Chief Justice, Supreme Court Justices,
Judges of the Court of Appeals, Circuit Judges, and incurred for
all other official business requiring out-of-state expenses at the
rate provided in paragraph A of this section.
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 as provided in this Act for
members of the General Assembly.
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 except that
members of the Employment Security Commission shall receive a
subsistence allowance as provided in this Act for members of the
General Assembly.
J. When an employee of the State shall use his or her personal
automobile in traveling on necessary official business, a charge of
20.5 cents per mile will be allowed for the use of such automobile
and the employee shall bear the expense of supplies and upkeep
thereof. Provided, However, That whenever State provided motor
pool vehicles are reasonably available and an employee of the State
shall request for his own benefit to use his or her personal
vehicle in traveling on necessary official business, a charge of 20
cents per mile will be allocated for the use of such vehicle and
the employee shall bear the expense of supplies and up keep
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, Further, 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, Further, That 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. That the State institutions of higher learning are authorized
to reimburse reasonable relocation expenses for new employees when
such reimbursements are considered by the agency head to be
essential to successful recruitment of professionally competent
staff members.
M. The State Budget and Control Board is authorized to promulgate
and publish rules and regulations governing travel and subsistence
payments.
SEC. 134. That the per diem allowance of all boards, commissions
and committees shall be at the rate of Thirty-five ($35) Dollars
per day. Provided, Further, 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. 135. 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. 136. 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. 137. 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, Further, 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 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 Edition; 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. 138. 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. 139. Subsection (a). The Budget and Control Board 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 116
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
Budget and Control Board 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. 140. 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. 141. 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. 142. 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. 143. 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. 144. 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. 145. The General Assembly expresses its continuing concern
over the control of the number of personnel employed by the State
of South Carolina. This concern is evidenced in the 1980 Public
Employment Report of the United States Bureau of Census. It is
further declared to be the intent of the General Assembly to
continue to take positive steps to control and restrict the number
of personnel employed in the future, without unduly hampering the
legitimate functions of state government.
In order to obtain the necessary control over the number of
employees, the Budget and Control Board is hereby directed to
maintain close supervision over the number of state employees, and
to require specifically the following:
1. That no state agency exceed the total authorized number of
full-time equivalent positions funded from State, Federal, or other
sources as provided in each section of this Act except by unanimous
vote of the Budget and Control Board after review and comment by
the Joint Legislative Committee on Personal Service Financing and
Budgeting. Specific written confirmation of such unanimous approval
shall be forwarded to the Joint Appropriations Review Committee in
the event that any agency is allowed to exceed the number of
positions authorized in this Act.
2. That the State Auditor shall maintain and make, as necessary,
periodic adjustments thereto, an official record of the total
number of authorized full-time equivalent positions by agency
categorized by State, Federal, or other funding sources and shall
provide a certified duplicate of such record to the Joint
Legislative Committee on Personal Service Financing and Budgeting
and to the Joint Appropriations Review Committee. The State Auditor
shall submit monthly reports to the Joint Legislative Committee on
Personal Service Financing and Budgeting and the Joint
Appropriations Review Committee and such reports shall include any
changes in the authorized number of full-time equivalent positions,
the number of filled and vacant positions and any other data
requested by the committees.
(a) That within thirty (30) days of the passage of this Act or by
August 1, 1984, whichever comes later, each agency of the State
must have established on the Budget and Control Board records all
positions authorized in this Act. After that date, the Board shall
delete any non-established positions immediately from the official
record of authorized full-time equivalent positions. No positions
shall be established by the Board in excess of the number
authorized in the Board record of authorized full-time equivalent
positions.
(b) That within forty-five (45) days of the passage of this Act,
or by August 15, 1984, whichever comes later, the Board shall
prepare a personal service detail, by agency, which shows each
position established for FY 1984-85 and the amount of funds
required, by source of funds, to support the position for FY
1984-85 at a funding level of 100% and the Board 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 Board 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) Any position which is shown by the reconciliation to be
unfunded or significantly under funded may be deleted at the
direction of the Budget and Control Board and the Joint Legislative
Committee on Personal Service Financing and Budgeting.
(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. 146. The Legislative Audit Council, the State Auditor, the
House Ways and Means Committee, the State Reorganization Commission
and the Senate Finance Committee shall be furnished a copy of each
audit report issued by a Federal Audit Agency within fifteen days
from the date of receipt by the State Agency. Provided, Further,
That the State Auditor shall periodically furnish a list of such
reports to each member of the General Assembly and to the Joint
Appropriations Review Committee. Provided, Further, That the State
Auditor will provide a copy of each Federal Block Grant Audit
Report to the Joint Appropriations Review Committee to comply with
provisions of the Omnibus Budget Reconciliation Act of 1981.
SEC. 147. The provisions of Section 26 of Part II of Act 614 of
1978 are extended and shall be effective in all respects through
the Fiscal Year 1984-85 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. 148. Provided, That notwithstanding any other provision of
law, the Budget and Control Board 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. 149. 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, employees of the Medical University of
South Carolina and individuals serving an internship or residency
as an academic requirement shall not be considered state employees.
SEC. 150. 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. 151. 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. 152. 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. 153. 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. 154. 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. 155. No aircraft will be purchased for any state agency
without the authorization of the State Budget and Control Board and
the Joint Bond Review Committee.
SEC. 156. 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 establish a formula for calculating and
a method for reporting economic value of the personal use of
State-owned motor vehicles.
SEC. 157. 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. The joint subcommittee as part of its work
on the state's earned fund accounts is directed to oversee South
Carolina's conversion 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. 158. 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 Committee 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. 159. Provided, Further, That final settlement received on
Federal funds allotted to the state and the investment earnings
thereof, under the provisions of the State and Local Fiscal
Assistance Act of 1972 not heretofore appropriated, shall be
applied to the payment of appropriations in this act for the State
contribution to the South Carolina Retirement System.
SEC. 160. That the Department of Mental Retardation, Department
of Social Services, Children's Bureau, and Department of Youth
Services shall furnish as Family Foster Care payments for
individual foster children under their sponsorship:
ages 0 - 5 $138 per month
ages 6 - 12 $158 per month
ages 13 $208 per month
These specified amounts are for the basic needs of the foster
children. Basic needs within this proviso are identified as food
(at home and away), clothing, housing, transportation, education
and other costs as defined in the Department of Agriculture study
of 'Annual Cost of raising a Child to Age Eighteen'. Further, each
agency shall identify and justify, as another line item, all
material and/or services, in excess of those basic needs listed
above, which were a direct result of a professional agency
evaluation of clientele need. Legitimate medical care in excess of
Medicaid reimbursement or such care not recognized by Medicaid may
be considered as special needs if approved by the
sponsoring/responsible agency and shall be reimbursed by the
sponsoring agency in the same manner of reimbursing other special
needs of foster children.
SEC. 161. That after July 1, 1984, the Department of Health,
Department of Mental Retardation, Department of Social Services,
Commission on Aging, Department of Corrections, and Department of
Youth Services may expend, if necessary, state appropriated funds
for Fiscal Year 1984-85 to cover fourth quarter Federal Programs
expenses incurred in Fiscal Year 1983-84 necessitated by the time
lag of federal reimbursement.
SEC. 162. That amounts appropriated to the Department of Health
and Environmental Control, Department of Social Services and
Commission on Aging may be expended to cover program operations of
prior fiscal years where adjustment of such prior years are
necessary under federal regulations or audit exceptions. Provided,
Further, That all disallowances or notices of disallowances by any
federal agency of any costs claimed by these agencies shall be
submitted to the State Auditor, the House Ways and Means Committee
and the Senate Finance Committee, within five days of receipt of
such actions.
SEC. 163. The Department of Youth Services, Department of
Corrections, Department of Mental Health, Department of Mental
Retardation and School for the Deaf and Blind may replace the
personal property of an employee which has been damaged or
destroyed by a client while in custody of the agency. The
replacement of personal property may be made only if the loss has
resulted from actions by the employee deemed to be appropriate and
in the line of duty by the agency head and if the damaged or
destroyed item is found by the agency head to be reasonable in
value, and necessary for the employee to carry out the functions
and duties of his employment. Replacement of damaged or destroyed
items shall not exceed $100 per item, per incident.
SEC. 164. Notwithstanding any other provision of law the amounts
appropriated in Section 17 through 25 and 27 from state general
fund monies above the 1983-84 appropriation from state general fund
monies may, at the discretion of the institution, be expended for
pay increases for employees whose salaries are paid from other
funds (student tuition and fees) excluding Auxiliary Enterprises
and Hospital Services, in accordance with the scheduled pay
increases provided within this act.
SEC. 165. That the Board of the Medical University of South
Carolina is authorized to provide hospital services to state
employees and officials of state government at a rate not to exceed
the payment rates to hospitals provided in the and Control Board.
SEC. 166. The State Health and Human Services Finance Commission
shall be required to comply with all provisions of the South
Carolina Administrative Procedures Act.
SEC. 167. Provided, Further, That the State Reorganization
Commission is directed to develop program efficiency and
effectiveness measures for each agency based on the statutory
authority of each agency. The Commission shall report its findings
to the General Assembly by March 1, 1985, and the Budget and
Control Board shall incorporate efficiency and effectiveness
measures in the 1986-87 State Budget. The Legislative Audit
Council, in their normal review of the state agencies, shall review
the appropriateness of an agency's efficiency and effectiveness
measures.
SEC. 168. A committee of nine members must be appointed, three of
whom are members of the House of Representatives to be appointed by
the Speaker of the House, three of whom are members of the Senate
to be appointed by the President of the Senate, and three members
to be appointed by the Governor, for the purpose of making a study
of the printing needs of state agencies, departments, and
institutions of higher learning. The committee shall meet as soon
after its appointment as may be practicable and shall organize by
electing one of its members as chairman, one as secretary, and
those other officers as it may deem advisable. The committee shall
meet thereafter upon the call of the chairman or a majority of its
members. The committee shall make its report to the 1985 session of
the General Assembly no later than January fifteenth.
The members of the committee shall receive that per diem,
subsistence, and mileage as is provided by law for members of
boards, commissions, and committees.
The Legislative Council shall provide those legal services as the
committee may require in the performance of its duties.
SEC. 169. Prior to January 1, 1985, the Joint Legislative
Committee to Study the State Educational System shall make
recommendations to the General Assembly regarding changing the
weightings under the Education Finance Act for the following
categories: EMH, TMH, LD, EH, OH, VH, HH, and Speech. This study
should include a review of the Defined Minimum Program (DMP) as
related to Special Education services and should make
recommendations for programmatic changes as necessary. The DMP
review should include input from the State Department of Education
and various local school district special education administrators.
The Joint Legislative Committee to Study the State Educational
System shall be assisted by staff from the Finance Committee, the
Ways and Means Committee, the House Education and Public Works
Committee, and the Senate Education Committee.
SEC. 170. The State Reorganization Commission, in compliance with
the provisions of Section 165 of the 1983-84 General Appropriation
Act, shall make its report to the General Assembly no later than
February 1, 1985, and such report shall include, but not be limited
to specific recommendations providing for (1) simplification of
format, (2) incorporation of program and activities measures as
provided in Section ------------, (3) stronger analysis of revenue
and expenditure trends, projections and patterns at the state and
agency level, (4) greater incorporation of audits and reviews into
the budget cycle, and (5) any other proposals as the Commission may
deem appropriate dealing with the overall management and structural
organization of the State. Provided, Further, That the report of
the State Reorganization Commission shall be coordinated with
existing committees on Zero Base Budgeting, Earned Funds and any
others as appropriate so as to assure to the greatest extent
possible consistency among the findings and recommendations
submitted.
Provided, Further, That the State Reorganization Commission shall
coordinate with the Budget and Control Board, Office of the
Governor and Legislative Audit Council to maximize the utilization
of ongoing efforts and to determine the feasibility and scheduled
implementation of recommendations contained in its report.
SEC. 171. The Medical University of South Carolina and the School
of Medicine of the University of South Carolina shall develop
health programs for agency heads. The programs shall be submitted
to the Budget and Control Board for approval, after which the Board
may authorize the agency or institution to pay, on behalf of the
agency head, one-half of the cost, provided that the amount to be
paid by the agency shall not exceed $250. Provided, Further, That
where the agency or institution is located in an area other than
Columbia or Charleston, the Budget and Control Board may approve an
alternate health plan for the agency head and may authorize payment
by the agency which is consistent with payments to the Medical
University or the University of South Carolina.
SEC. 172. There is created a Legislative Pay and Expense
Committee consisting of ten members to be appointed by the
Governor. The members of the committee may not be affiliated with
the Legislature and their selection must be based upon their
reputation for honesty, sound judgment, objectivity, and business
knowledge. No later than fifteen days after its appointment, the
committee shall study the compensation and expenses of members of
the General Assembly. The study shall consider, but not be limited
to, compensation and expenses for members of the Legislature and
such other matters as are relevant. The committee shall hold at
least one public hearing, which must be publicized, to hear from
citizens who wish to appear. The committee may call members of the
Legislature and any other persons to appear and give testimony to
enable it to carry out its duties. The committee shall file a
report with the General Assembly and the Budget and Control Board
no later than November 1, 1984, setting forth its findings and
recommendations as to legislative pay, expenses, and other relevant
matters.
SEC. 173. 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 or operated 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, members
of State boards, commissions, and agencies, and their invitees for
official business only; Provided, However, That no member of the
General Assembly, no member of a state board, commission or
committee, and no state official shall use any aircraft of the
Aeronautics Commission unless the member or official first files
with the Aeronautics Commission a sworn statement certifying and
describing the official nature of his trip; and Provided, Further,
That no member of the General Assembly, no member of a state board,
commission or committee, and no state official shall be furnished
air transportation by a state agency other than the Aeronautics
Commission unless such agency prepares and maintains in its files
a sworn statement from an appropriate official of the agency
certifying that the member's or state official's trip was in
conjunction with the official business of the agency. Official
business shall not include routine transportation to and from
meetings of the Generalized.
All logs shall be signed by the parties using the flight and the
signatures shall be maintained as part of the permanent record of
any agency. All passengers shall be listed on the flight log by
their legal name; Provided, However, That passengers flying with an
appropriate official of SLED or the State Development Board whose
confidentiality must, in the opinion of SLED or the Board, be
protected shall be listed in writing on the flight log as
'Confidential Passenger of SLED or State Development Board (strike
one)' and the appropriate official of SLED or the Board shall
certify to the agency operating the aircraft the necessity for such
confidentiality Violation of the above provisions of this section
is prima-facie evidence of a violation of Section 8-13-410(1) of
the 1976 Code and shall subject a violating member of the General
Assembly to the ethics procedure of his appropriate house and shall
subject a violating member of a state board, commission or
committee, or a state official to the applicable ethics procedure
relating to them as provided by law. The Speaker of the House of
Representatives and the Lieutenant Governor shall each appoint
three members to form a Joint House-Senate Committee to prepare
guidelines for the use of State Aircraft and shall report back to
the General Assembly no later than December 15, 1984.
The above provisions shall not apply to aircraft of the Athletic
Department of any State supported institution of higher education.
Provided, Further, That all agencies except SLED that retain
aircraft under this section shall submit monthly reports and copies
of loss to the Aeronautics Commission. With the funds appropriated
under 'Contractual Services', the Commission shall prepare
recommendations concerning the oversight of state-owned aircraft
and report its findings to the General Assembly by January 1, 1985.
Provided, Further, That aircraft owned by agencies of state
government shall not be leased to individuals for their personal
use.
SEC. 174. 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, 1985. State
agencies are required to submit all Fiscal Year 1984-85 input
documents to the Comptroller General's Office by July 25, 1985.
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.
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 Provide That For the Tax Year Beginning January 1, 1984, and
Ending December 31, 1984, the Annual Inflation Adjustments to State
Individual Income Tax Rates and to Certain Exemptions and
Deductions Required by the Provisions of Section 23, Part II of Act
617 of 1980 are Decreased by an Amount Equal to Seventy-Five
Percent of the Required Adjustment.
For the tax year beginning January 1, 1984, and ending December
31, 1984, the annual inflation adjustments to state individual
income tax rates and to certain exemptions and deductions required
by the provisions of Section 23, Part II of Act 517 of 1980 are
decreased by an amount equal to seventy-five percent of the
required adjustment.
SECTION 3
To Amend Chapter 11 of Title 1 of the Code of Laws of South
Carolina, 1976, Relating to the State Budget and Control Board, by
Adding Section 1-11-135 so as to Permit the Board to Charge Fees
for the Review of Proposals by Counties or Municipalities for the
Issuance or Refunding of Industrial, Hospital, or Pollution Control
Bonds.
Chapter 11, Title 1, of the 1976 Code is amended by adding:
"Section 1-11-135. To offset the costs incurred by the State in
the review and processing of proposals by the governing bodies of
counties and municipalities for the issuance or refunding of
industrial, hospital, or pollution control revenue bonds or notes,
the Budget and Control Board, may charge a single fee to cover
initial processing including any amendments in accord with the
following schedule:
Issue or Refunding Amount Fee
$1,000,000 or less $2,000
$1,000,001 through $25,000,000 3,000
$25,000,001 through $50,000,000 4,000
Over $50,000,000 5,000
The revenue received from these fees must be deposited in the
General Fund."
SECTION 4
To Amend Section 60-1-30, Code of Laws of South Carolina, 1976,
Relating to Officers and Compensation of the Board of Directors of
the South Carolina State Library, so as to Delete the Prohibition
of Board Members Receiving Compensation for Services and Authorize
the Members to Receive the Usual Mileage, Per Diem, and Subsistence
as Provided by Law for Members of State Boards, Committees, and
Commissions.
Section 60-1-30 of the 1976 Code is amended to read:
"Section 60-1-30. The board of directors shall elect a chairman
and secretary annually. The secretary, if possible, must be an
experienced librarian of administrative ability and must be chosen
either from within or without the board. Such other officers and
agents as may be required may from time to time be chosen by the
board. Board members are allowed the usual mileage, per diem, and
subsistence as provided by law for members of state boards,
committees, and commissions."
SECTION 5
To Amend Section 3, Part II of Act 178 of 1981, Relating to the
Disposition of Revenues of State Boards and Commissions, so as to
Require the Board of Registration for Professional Soil Classifiers
and the Board of Registration for Landscape Architects to Remit
Revenue to the State Treasurer at Least Weekly to be Credited to
the General Fund of the State.
In addition to those state boards and commissions listed in
Section 3, Part II of Act 178 of 1981, the provisions of the
section shall apply to the South Carolina Land Resources
Conservation Commission while acting as the board of registration
for landscape architects and as the board of registration for
professional soil classifiers.
SECTION 6
To Amend the Code of Laws of South Carolina, 1976, by Adding
Section 12-21-1725, so as to Define Certain Terms for Purposes of
the Soft Drinks Tax, to Amend Sections 12-21-1740, as Amended,
12-21-1790, 12-21-1840, as Amended, 12-21-1850, 12-21-2100, and
12-21-2120, as Amended, All Relating to the Soft Drinks Tax, so as
to Delete the Requirements for Crowns and Lids Being Placed on Soft
Drinks and to Allow the Use of the Reporting Method on Soft Drinks,
Syrups, Powders, and Powdered Bases; to Amend Sections 12-21-2870,
as Amended, and 12-21-2980 Relating to Contraband Beer, Wine,
Cigarettes, Shells, Cartridges, and Playing Cards and Prima Facie
Evidence That Such Articles Are For Sale, so as to Delete
References to All Items Except Cigarettes and Eliminate Provisions
For Auctions of Contraband Goods, and to Repeal Sections
12-21-1770, 12-21-1780, 12-21-1960, 12-21-1970, 12-21-1980,
12-21-1990, 12-21-2000, 12-21-2010, 12-21-2020, 12-21-2030,
12-21-2050, 12-21-2060, 12-21-2070, and 12-21-2130, all Relating to
the Soft Drinks Tax, so as to Delete Obsolete Provisions.
A. Article 13, Chapter 21, of Title 12 of the 1976 Code is
amended by adding:
"Section 12-21-1725. When used in this Article the following
words and terms shall have the following meaning:
(1) The word 'manufacturer, distributor or wholesale dealer'
means any person who receives, stores, manufactures, bottles, or
sells bottled soft drinks, soft drink syrups or powders, or base
products for mixing, compounding or making soft drinks for sale to
retail dealers or other wholesale dealers for resale purposes.
(2) The word 'retail dealer' means every person, other than a
manufacturer, distributor or wholesaler, who receives, stores,
mixes, compounds or manufactures any drink that has not been
previously taxed and sells or otherwise dispenses the same to the
ultimate consumer."
B. Section 12-21-1740 of the 1976 Code, as amended by Section 2
of Act 552 of 1976, is further amended to read:
"Section 12-21-1740. Each gallon of syrup for use in mixing any
drink which when mixed would be classified as a soft drink is taxed
at the rate of ninety-five cents a gallon."
C. Section 12-21-1790 of the 1976 Code is amended to read:
"Section 12-21-1790. All retail dealers in soft drinks purchasing
or receiving syrup from without the State, whether it has been
ordered through a wholesaler or jobber within the State, by drop
shipment or otherwise and all persons mixing, making,
manufacturing, or compounding the syrup shall within twenty days
after the end of the month during which the syrup was purchased,
received, mixed, made, manufactured, or compounded, make a report
thereof to the Commission, in the form the Commission prescribes,
and furnish the invoices and other information as the Commission
may require. Failure to make the report and furnish the invoices
and information as required constitutes a violation of the
provisions of this section and is subject to a penalty of not less
than twenty dollars nor more than one hundred dollars, to be
assessed and collected by the Commission as other taxes are
collected. Duplicate reports and information required by this
section must be retained for inspection purposes for three years
from the time the report reflecting the sales is due."
D. Section 12-21-1840 of the 1976 Code, as last amended by
Section 20, Part II, of Act 199 of 1979, is further amended to
read:
"Section 12-21-1840. A person who uses in South Carolina a powder
or base other than a syrup in the manufacture of a soft drink for
sale shall pay a license tax on each package or container of the
powder or base in an amount equal to sixteen cents for each gallon
of soft drink that is customarily manufactured from the contents of
each package or container of powder or base.
The provisions of this section do not apply to a powder or base
that is used by a bottler in the manufacture of a bottled soft
drink and the Tax Commission may by regulation provide for the
storage of the powder or base when it is not for use in the
manufacture of soft drinks for sale. The provisions of this section
do not apply to a powder or base that is used in preparing coffee,
tea, cocoa, chocolate, any frozen concentrate, or freeze-dried
concentrate to which only water is added to produce a pure
vegetable or fruit juice nor shall these provisions apply to syrup
donated to the Department of Parks, Recreation and Tourism for free
distribution at welcome stations."
E. Section 12-21-1850 of the 1976 Code is amended to read:
"Section 12-21-1850. Any person offering soft drinks for sale in
a sealed container shall pay the license tax at the rate of one
cent for each twelve ounces or fractional part thereof."
F. Section 12-21-2100 of the 1976 Code is amended to read:
"Section 12-21-2100. Every person engaged in the manufacture,
sale, or distribution of soft drinks shall keep an accurate account
of all daily sales, sales slips, bills, invoices, delivery slips,
statements, bills of lading, freight bills, credit memoranda, and
similar documents for a period of not less than three years from
the date shown thereon. All the records must be open at any time to
inspection by duly authorized agents of the Commission."
G. Section 12-21-2120 of the 1976 Code, as last amended by
Section 4 of Act 110 of 1983, is further amended to read:
"Section 12-21-2120. Each manufacturer, wholesaler, distributor, or
retailer first receiving untaxed bottled soft drinks, syrups,
premixed soft drink, or powders and bases for sale or disposition
in this State is subject to a tax at the rate of one dollar and
twenty-two cents a gross for each one cent of face value in the
case of bottled soft drinks and a tax at the rates prescribed in
this article for syrups, premixed soft drink, or powders and bases.
Each manufacturer, wholesaler, distributor, or retailer required to
pay the tax shall make a report to the Commission, in the form as
the Commission may prescribe, of all bottled soft drinks, syrups,
premixed soft drink, powders and bases sold or disposed of in this
State and pay the taxes due thereon not later than the twentieth
day of the month next succeeding the month of the sale or
disposition."
H. Section 12-21-2870 of the 1976 Code, as last amended by Act
543 of 1976, is further amended to read:
"Section 12-21-2870. Cigarettes found at any point within the
State which have been within the State for a period of twenty-four
hours or longer in possession of any retailer or for a period of
seventy-two hours or longer in possession of any wholesaler or
jobber, not having affixed to the package the stamps as required,
or on which the tax has not been paid, or of any person importing,
receiving, or acquiring cigarettes for use or consumption within
the State, not having affixed to the package the stamp as required
or on which the tax has not been paid are declared to be contraband
goods and may be seized by the Commission, its employees or any
peace officer of the State without a warrant and the goods must be
delivered to the Commission."
I. Sect on 12-21-2980 of the 1976 Code is amended to read:
"Section 12-21-2980. The location of any cigarettes in i the
place of business of any person required by the provisions of this
chapter to stamp them is prima facie evidence that they are
intended for sale."
J. The Commission shall allow a credit against taxes due under
the reporting system for the amount of stamps or crowns on hand on
the effective date of this section.
K. Sections 12-21-1770, 12-21-1780, 12-21-1960, 12-21-1970,
12-21-1980, 12-21-1990, 12-21-2000, 12-21-2010, 12-21-2020,
12-21-2030, 12-21-2050, 12-21-2060, 12-21-2070, and 12-21-2130 of
the 1976 Code are repealed.
L. The provisions of this section are effective for sales after
June 30, 1984.
SECTION 7
To Amend Chapter 21, Article 3, Code of Laws of South Carolina,
1976, as Amended, Relating to the Documentary Stamp Tax, so as to
Phase Out the Tax on Bonds, Capital Stock, Notes, Mortgages,
Assignments of Wages, and Certain Other Instruments and Leases Over
a Period Beginning With the Fiscal Year 1984-85 and Ending with the
Fiscal Year 1987-88. (A) Notwithstanding any other provision of
law, for Fiscal Year 1984-85, on the issue of bonds and capital
stock referred to in Sections 12-21-330 and 12-21-340, there shall
be paid a tax at the rate of seven cents on each one hundred
dollars of face value or fraction thereof; on notes, mortgages,
assignments of wages, and certain other instruments, and renewals
referred to in Section 12-21-360, a tax at the rate of three cents
for a sum not exceeding one hundred dollars consideration, and for
each one hundred dollars or fractional part thereof; and on leases
of realty and renewals referred to in Section 12-21-370, a tax at
the rate of three cents per one hundred dollars of consideration or
fractional part thereto.
(B) Notwithstanding any other provisions of law, for Fiscal Year
1985-86, on the issue of bonds and capital stock referred to in
Sections 12-21-330 and 12-21-340, there shall be paid a tax at the
rate of five cents on each one hundred dollars of face value or
fraction thereof; on notes, mortgages, assignments of wages, and
certain other instruments and renewals referred to in Section
12-21-360, a tax at the rate of two cents for a sum not exceeding
one hundred dollars consideration, and for each one hundred dollars
or fractional part thereof; and on leases of realty and renewals
referred to in Section 12-21-370, a tax at the rate of two cents
per one hundred dollars of consideration or fractional part
thereto.
(C) Notwithstanding any other provisions of law, for Fiscal Year
1986-87, on the issue of bonds and capital stock referred to in
Sections 12-21-330 and 12-21-340 there shall be paid a tax at the
rate of two cents on each one hundred dollars of face value or
fraction thereof; on notes, mortgages, assignments of wages, and
certain other instruments and renewals referred to in Section
12-21-360, a tax at the rate of one cent for a sum not exceeding
one hundred dollars consideration, and for each one hundred dollars
or fractional part thereof; and on leases of realty and renewals
referred to in Section 12-21-370, a tax of one cent per hundred
dollars of consideration or fractional part thereto.
(D) Section 12-21-360(a) is amended to read as follows:
(a) Negotiable and nonnegotiable notes, except commercial paper,
bank notes issued for circulation, notes secured by mortgages which
are taxable hereunder, and, notwithstanding delivery in this State,
notes signed outside this State by residents and foreign
corporations of states which do not impose such a tax. For purposes
of this subsection 'commercial paper' includes unsecured promissory
notes generally known as commercial paper, including but not
limited to such notes issued by sales and personal finance
companies, manufacturing, transportation, trade and utility
companies and the affiliates and subsidiaries of commercial banks,
which arise out of a current transaction or the proceeds of which
have been or are to be used for current transactions, and which
have a maturity at the time of issuance of not exceeding nine
months, exclusive of days of grace, or any renewal thereof, the
maturity of which is likewise limited, or any guarantee of such
paper or of any such renewal.
(E) Notwithstanding any other provisions of law, for Fiscal Year
1987-88 and thereafter, on the issue of bonds and capital stock,
notes, mortgages, assignments of wages and certain other
instruments, renewals or leases or realty referred to in Sections
12-21-330, 12-21-340, 12-21-360 and 12-21-370, no tax shall be
paid.
(F) Section 12-21-390, relating to the tax on powers of attorney
is repealed effective July 1,1984.
(G) Sections 12-21-330, 12-21-340, 12-21-360, and 12-21-370 are
repealed effective July 1, 1987.