SECTION 48 To Require School Districts to Defend District Employees When Requested and When the Action Arises Out of Employment and Such Act or Omission was Done in Good Faith. In the event that any employee of any school district in South Carolina is prosecuted in any action, civil or criminal, or special proceeding in the courts of this State, or of the United States, by reason of any act done or omitted in good faith in the course of his employment, it is made the duty of the school district, when requested in writing by any such public school employee, to appear and defend the action or proceeding in his behalf. SECTION 49 To Amend Chapter 9, Title 23, Code of Laws of South Carolina, 1976, Relating to the State Fire Marshal, by Designating Existing Provisions of the Chapter as "Article 1" to be Entitled "State Fire Marshal", and by Adding a New Article 2 to be Entitled "State Arson Control Program", so as to, Among Other Things, Create the State Arson Control Program Under the Office of the State Fire Marshal, Provide the Duties and Responsibilities of This Program, Grant the Investigators of This Program Certain Powers in the Performance of Their Duties, Including the Power of Arrest, and Provide That All Powers Vested in the State Fire Marshal's Office Are Also Vested in the State Arson Control Program, and to Provide For Funding For the State Arson Control Program. A. Chapter 9, Title 23 of the 1976 Code is amended by designating Sections 23-9-10 through 23-9-180 under 'Article 1' to be entitled "State Fire Marshal". B. Chapter 9, Title 23 of the 1976 Code is amended by adding: "Article 2 State Arson Control Program Section 23-9-210. There is created the State Arson Control Program (program) under the office of the State Fire Marshal which shall provide administrative and logistical support to the program. The State Arson Control Program shall have an advisory committee which must be composed of six members appointed by the State Fire Commission for terms of four years each and until their successors are appointed and qualify, except that of those members first appointed, three must be appointed for terms of two years each. One member must be a law enforcement officer, one must be engaged in fire service, one must be a chemist, one must be an insurance agent, one must be a member of the general public representing the consumer, and one must be employed by an insurer licensed to do business in this State. Vacancies on the committee must be filled for the remainder of the unexpired term in the same manner of original appointment. This committee shall submit to the Budget and Control Board an annual report which is prepared by the office of the State Fire Marshal concerning the operation and effectiveness of the State Arson Control Program. The State Law Enforcement Division shall contract with the office of the State Fire Marshal to provide all necessary laboratory services and analyses for the program. Section 23-9-220. The State Arson Control Program, which must be implemented on July 1, 1984, has the following duties and responsibilities: (1) The investigation of all fires involving state-owned property. (2) Investigations directed by the Governor. (3) The investigation of fires where there is a request from a municipal or county official. Section 23-9-230. Investigators of the State Arson Control Program have the powers of other law enforcement officers of this State, including agents of the State Law Enforcement Division, when performing their duties, including the power of arrest. In addition, all powers vested in the State Fire Marshal's office are also vested in the State Arson Control Program." C. Funding for the State Arson Control Program for the fiscal year commencing on July 1, 1984, is as provided in Part I of the 1984-85 General Appropriation Act. Funding thereafter for the State Arson Control Program must be as provided in the annual general appropriation act. D. This section shall take effect July 1, 1984. SECTION 50 To Amend Sections 9-1-1790 and 9-11-90, Both as Amended, Code of Laws of South Carolina, 1976, Relating to the South Carolina Retirement System and the South Carolina Police Officers Retirement System, so as to Increase the Amount a Retired Member Who Returns to Covered Employment May Earn Without Affecting His Benefits From Six Thousand Five Hundred Dollars to Seven Thousand Dollars. A. Section 9-1-1790 of the 1976 Code, as last amended by Section 50, Part II of Act 151 of 1983, is further amended to read: "Section 9-1-1790. Any retired member of the System may return to employment covered by the System and earn up to seven thousand dollars per fiscal year without affecting the monthly retirement allowance he is receiving from the System. If the retired member continues in service after having earned seven thousand dollars in a fiscal year, his retirement allowance must be discontinued during his period of service in the remainder of the fiscal year. If the employment continues for at least forty-eight consecutive months the provisions of Section 9-1-1590 apply. The provisions of this section do not apply to any employee or member of the System who has mandatorily retired because of age pursuant to Section 9-1-1530." B. Subsection (4J of Section 9-11-90 of the 1976 Code, as last amended by Section 50, Part II of Act 151 of 1983, is further amended to read: "(4) Notwithstanding the provisions of subsections (1) and (2) of this section, any retired member of the System may return to employment covered by the System and earn up to seven thousand dollars per fiscal year without affecting the monthly retirement allowance he is receiving from the System. If the retired member continues in service after having earned seven thousand dollars in a fiscal year, his retirement allowance must be discontinued during his period of service in the remainder of the fiscal year. If the employment continues for at least forty-eight consecutive months the provisions of Section 9-1-1590 apply. The provisions of this section do not apply to any employee or member of the System who has mandatorily retired because of age pursuant to Section 9-1-1530." SECTION 51 To Provide That the Gross Proceeds of Sales of Tangible Personal Property Delivered Prior to July 1, 1986, Under Certain Terms, Are Exempt From the One Cent Increase to the Sales and Use Tax Contained in Section 12-35-515 of the 1976 Code If a Verified Copy of the Contract is Filed With the Tax Commission and to Provide That the Written Bid Must be Accompanied by a Bid Guarantee Bond Assuring Compliance With the Written Bid. The gross proceeds of sales of tangible personal property delivered prior to July 1, 1986, either under the terms of a construction contract executed prior to the enactment of this section, or a written bid submitted prior to the enactment of this section, culminating in a construction contract entered into prior to July 1, 1984, are exempt from the one cent increase in the sales and use tax provided by Section 12-35-515 of the 1976 Code, if a verified copy of the contract is filed with the South Carolina Tax Commission prior to October 1, 1984. The written bid must be accompanied by a bid guarantee bond assuring compliance with the written bid. SECTION 52 To Amend the Code of Laws of South Carolina,1976, By Adding Section 12-35-517, so as to Provide For a Maximum Authorized Sales and Use Tax For Certain Light Self-Propelled Construction Equipment. (A) The 1976 Code is amended by adding: "Section 12-35-517. In the case of the sale of any self-propelled light construction equipment with compatible attachments limited to a maximum of 160 net engine horse power, the maximum tax levied by this chapter is three hundred dollars with respect to each self-propelled light construction equipment with compatible attachments limited to a maximum of 160 net engine horse power." (B) The provisions of this section shall take effect July 1, 1984. SECTION 53 To Require Nonrecurring or One-Time Expenditures to be Designated as Such Separately in Budget Recommendations and General Appropriation Bills. Whenever the General Assembly appropriates funds for nonrecurring or one-time expenditures, the appropriation must be listed in a separate program entitled "Nonrecurring Appropriation". The Budget and Control Board, when making its annual budget recommendations, shall identify in a separate marking "Nonrecurring Appropriations" all nonrecurring or one-time expenditures. SECTION 54 To Amend Section 50-21-380, as Amended, Code of Laws of South Carolina, 1976, Relating to the Application for Transfer of Registration of Motorboats, so as to Exempt Motorboats Owned by Volunteer Rescue Squads From the Fee Requirements; and to Amend Section 50-23-70, as Amended, Relating to the Fee Required to Accompany an Application for a Certificate of Title for a Watercraft or Outboard Motor, so as to Exempt the Watercraft Owned by Volunteer Rescue Squads From the Fee Requirements of This Section. A. Section 50-21-380 of the 1976 Code, as last amended by Act 94 of 1981, is further amended to read: "Section 50-21-380. (A) When the ownership of a motorboat changes, the purchaser shall file an application for transfer of registration, together with the payment of a fee of three dollars, and a certificate of transfer must be awarded. Such application for transfer must be made by the purchaser within twenty days from date of purchase. The purchaser may operate the motorboat for a period of thirty days while the transfer of registration is being completed and may prove his ownership by producing the bill of sale or copy during the thirty-day period. (B) The provisions of this section requiring a fee do not apply to the motorboats owned by volunteer rescue squads used exclusively for the purpose of the squads." B. Section 50-23-70 of the 1976 Code, as last amended by Act 216 of 1977, is further amended to read: "Section 50-23-70. (A) A fee of three dollars shall accompany each application for a certificate of title, as required by the provisions of this chapter, with the exception of those applications for duplicates of certificates of title which must be accompanied by a fee of one dollar. Any watercraft which is propelled by land with oar, paddle, or similar device shall not require a certificate of title unless the owner requests such a certificate. (B) The provisions of this section requiring a fee do not apply to any watercraft owned by volunteer rescue squads used exclusively for the purposes of the squads." SECTION 55 To Amend Section 6-19-50, Code of Laws of South Carolina, 1976, Relating to the Maximum Amount of State Grants For Water and Sewer Authorities, Districts, or Systems, so as to Change the Maximum Amount. Section 6-19-50 of the 1976 Code is amended to read: "Section 6-19-50. In any case, the grant shall not be in excess of six hundred dollars per connection or twenty-five percent of the total project cost, whichever is less, or a maximum of four hundred thousand dollars, and no district or authority system may receive more than one grant for any purpose in any one-year period." SECTION 56 To Permit the Use of a State-Owned Aircraft on a Medical-Emergency Basis by an Individual Other Than a Member of the General Assembly Under Certain Conditions; to Require the Individual, or Other Person, to File an Insurance Claim in the Event He Has Insurance Covering This Transportation; and to Provide That Any Insurance Reimbursement Must Be Paid to the State Treasurer for Deposit in the General Fund. If a state-owned aircraft is needed on a medical-emergency basis by an individual other than a member of the General Assembly, the aircraft may be used upon the filing with the State Aeronautics Commission or other agency of state government owning and operating the aircraft of an affidavit by a medical doctor that an emergency or a life-saving situation exists with respect to the individual which would probably make waiting or the use of a commercial or nonstate-owned aircraft or other transportation not in the best interest of the individual's physical condition and upon the completion of all other records, forms, or paperwork as may be required. If the individual needing and using the state-owned aircraft on a medical-emergency basis has insurance which covers this transportation, an insurance claim must be filed by the insured individual or by any other person permitted or required to file the claim, and any reimbursement under any policy of insurance pertaining to this transportation must be paid to the State Treasurer, who must deposit the funds in the general fund of the State. SECTION 57 To Amend Section 59-26-40, as Amended, Code of Laws of South Carolina, 1976, Relating to Training, Certification, and Evaluation of Public Educators, so as to Provide That Prior to a Teacher's Initial Employment, the Local School District Shall Request a Criminal Record History From the South Carolina Law-Enforcement Division for Past Convictions of Certain Crimes; to Amend Section 23-3-130, Relating to the Criminal Information and Communication System, so as to Provide for the South Carolina Law-Enforcement Division to Disseminate Criminal History Conviction Records at No Charge to Local School Districts for Prospective Teachers and to the Department of Social Services for Personnel of Child Day Care Facilities; and to Amend Sections 20-7-2730 and 20-7-2740, Relating to Licensing of Child Day Care Facilities, so as to Provide That No License May Be Issued to or Renewed for Operators Convicted of Certain Crimes, to Provide That No Facility May Employ or Engage the Services of a Caregiver Who Has Been Convicted of One of the Crimes, and to Provide That the Department of Social Services May Charge the Licensee a Fee for the Cost of Attaining Criminal History Conviction Records. A. Section 59-26-40 of the 1976 Code, as last amended by Act 391 of 1982, is further amended by adding a paragraph at the end to read: "Prior to the initial employment of a teacher, the local school district shall request a criminal record history from the South Carolina Law-Enforcement Division for past convictions of any crime listed in Chapter 3 of Title 16, Offenses Against the Person, any crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency, and for the crime of contributing to the delinquency of a minor, contained in Section 16-17-490." B. Section 23-3-130 of the 1976 Code is amended by adding a paragraph at the end to read: "The South Carolina Law-Enforcement Division shall disseminate criminal history conviction records upon request to local school districts for prospective teachers and to the State Department of Social Services for personnel of child day care facilities. This service must be provided to the local school districts without charge." C. Section 20-7-2730 of the 1976 Code, as added by Act 71 of 1981, is amended by adding at the end: "No license may be issued to any operator who has been convicted of any crime listed in Chapter 3 of Title 16, Offenses Against the Person, any crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency, and for the crime of contributing to the delinquency of a minor, contained in Section 16-17-490. No facility may employ or engage the services of a caregiver who has been convicted of one of the crimes listed in this paragraph. The State Department of Social Services may charge the licensee a fee for the cost of attaining criminal history conviction records from the South Carolina Law-Enforcement Division." D. Section 20-7-2740 of the 1976 Code, as added by Act 71 of 1981, is amended by adding at the end: "No license may be renewed for any operator who has been convicted of any crime listed in Chapter 3 of Title 16, Offenses Against the Person, any crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency, and for the crime of contributing to the delinquency of a minor, contained in Section 16-17-490. No facility may employ or engage the services of a caregiver who has been convicted of one of the crimes listed in this paragraph. The State Department of Social Services may charge the licensee a fee for the cost of attaining criminal history conviction records from the South Carolina Law-Enforcement Division." SECTION 58 To Amend Chapter 61, Title 40, Code of Laws of South Carolina, 1976, Relating to the Regulation of Sanitarians, so as to Regulate Environmental Sanitarians and Provide Penalties and to Reauthorize for Six Years the South Carolina State Board of Examiners for Registered Environmental Sanitarians. A. Chapter 61, Title 40, of the 1976 Code is amended to read: "CHAPTER 61 Sanitarians Section 40-61-10. As use(l in this chapter: (1) 'Board' means the South Carolina State Board of Examiners for Registered Environmental Sanitarians. (2) 'Environmental sanitarian' means a person trained and qualified to carry out educational, inspectional, and supervisory duties in environmental health and control programs and who is registered. (3) 'Environmental health and control programs' means programs for achieving and maintaining conditions to insure an environment that is conducive to health, comfort, safety, and well-being and provides adequate protection to the public. (4) 'Certificate of registration' means a serially numbered document issued by the Board certifying that the person named therein has been duly registered by the Board as a registered sanitarian, containing the name of the person registered and the date of registration, and authenticated by the signatures as determined by the Board. Section 40-61-20. There is created the South Carolina State Board of Examiners for Registered Environmental Sanitarians composed of six members appointed by the Governor, one of whom is the executive officer of the Department of Health and Environmental Control or his designee, three environmental sanitarians who are qualified by education and experience to be registered environmental sanitarians, and two public members who are not environmental sanitarians or do not have any pecuniary interest in any entity engaged in the business of environmental sanitarians. All members of the Board must be residents of the State and serve for terms of four years and until their successors are appointed and qualify. Members of the Board are eligible for reappointment but cannot serve more than two consecutive terms. The Board is responsible for examining applicants for registered environmental sanitarians, investigating complaints, and investigating and prosecuting violations of this chapter. The Board may promulgate regulations to carry out the provisions of this chapter. The Governor may remove any member of the Board who has been guilty of continued neglect of his duties or who is found to be incompetent, unprofessional, or dishonorable. No member must be removed without first giving him an opportunity to refute the charges filed against him. He must be given a copy of the charges at the time they are filed. Vacancies on the Board are filled in the same manner as the original appointment for the unexpired portion of the term. Section 40-61-30. The members of the Board shall qualify by taking an oath of office before a notary public or other officer authorized to administer oaths in this State. The Board shall meet at least once each year and at such other times as its bylaws provide. A quorum for the meetings consists of four members. At its initial meeting the Board shall elect from its membership a chairman, a vice-chairman, and a secretary to serve for one-year terms. The Board may adopt bylaws and rules of procedure necessary to perform its duties. If a board member is disqualified and his absence results in the lack of a quorum or an adequate number of members to perform official functions, the Governor may deputize an individual to replace him during the period of disqualification. The deputized individual shall take the same oath as required of other members of the Board. The Board shall have a seal and the impression thereof must be attached to all official documents issued by it. The Board shall keep a record of its proceedings and a register of all applications for certificates of registration which shows: (a) The name, age, and residence of each applicant. (b) His educational and other qualifications. (c) Whether an examination was required. (d) Whether the applicant was rejected. (e) Whether a certificate of registration was granted. (f) The date of the action of the Board. (g) Other information as may be deemed necessary by the Board. The records of the Board are prima facie evidence of the proceedings of the Board set forth therein and a transcript thereof, duly certified by the secretary under seal, is admissible in evidence with the same force and effect as if the original were produced. Each member may be allowed the usual mileage, per diem, and subsistence as provided by law for members of state boards, committees, and commissions for each day actually engaged in the duties of his office, including a reasonable number of days for the preparation and reviewing of examinations in addition to the time actually spent in conducting examinations. Section 40-61-40. For the purpose of any investigation or proceeding under this chapter, the Board or any person designated by it may administer oaths and affirmations, subpoena witnesses, take evidence, and require the production of any documents or records which the Board considers relevant to the inquiry. In the case of contumacy by, or refusal to obey a subpoena issued to any person, a court of common pleas upon application of the Board may issue an order requiring the person to appear before the Board or the person designated by it and produce documentary evidence and to give other evidence concerning the matter under inquiry. Whenever the Board has reason to believe that any person is violating or intends to violate any provision of this chapter, it may, in addition to all other remedies, order the person to immediately desist and refrain from such conduct. The Board may apply to the court of common pleas for an injunction restraining the person from such conduct. The court may issue ex parte a temporary injunction not to exceed ten days and upon notice and full hearing may issue any other order in the matter it deems proper. No bond is required of the Board by the court as a condition to the issuance of any injunction or order contemplated by the provisions of this section. Section 40-61-50. All revenues and income from certificates, examination fees, other fees, sale of commodities, and services and income derived from any Board source or activity must be remitted to the State Treasurer as collected, when practicable, and credited to the general fund of the State. All assessments fees, or certificates must be levied in an amount sufficient to at least equal the amount appropriated in the annual general appropriation act for the Board plus any additional funds allocated by the Budget and Control Board for implementation of the state's personnel compensation plan. The annual report required by Act 165 of 1979 must be made by the Board in accordance with the provisions of that act. Section 40-61-60. The Board must issue a certificate of registration to all applicants who certify to the Board under oath that the applicant is a graduate with a baccalaureate degree from an accredited college or university, who has satisfactorily completed at least twelve semester hours or its equivalent of academic work in the basic natural sciences, or pass a written or oral examination as prescribed by the Board. Any person desiring to be examined by the Board must make application and pay a fee to the Board in the manner prescribed by the Board. Section 40-61-70. The Board shall renew annually certificates upon payment of a fee and completion of any required continuing education courses. Section 40-61-80. The Board shall receive complaints by any person against a registered environmental sanitarian and shall require a complaint to be submitted in written form specifying the exact charge. Upon receipt of the complaint, the chairman or his designee shall investigate the allegations in the complaint and make a report to the Board concerning his investigation. If the Board desires to proceed further, it may file a formal accusation charging the registered environmental sanitarian with a violation of a provision of this chapter. The accusation must be signed by the chairman on behalf of the Board. When the accusation is filed the Board shall set a date and place for hearing thereon and the Board must notify the accused in writing not less than thirty days prior to the hearing and a copy of the accusation must be attached to the notice. The accused may appear and show cause why his license should not be suspended or revoked. The accused has the right to be confronted with and to cross-examine the witnesses against him and he has the right to counsel. For the purposes of such hearing, the Board may require by subpoena the attendance of witnesses, the production of documents, may administer oaths and hear testimony, either oral or documentary, for and against the accused. In instances where a Board member has made the initial investigation or complaint, he may not sit with the Board at the hearing of the complaint. The notice must be sent to the accused by registered mail, return receipt requested, directed to his last mailing address furnished to the Board. The post office registration receipt signed by the accused, his agent, or a responsible member of his household or office staff, or, if not accepted by the person to whom addressed, the postal authority stamp showing the notice refused is prima facie evidence of service of the notice. All investigations and proceedings undertaken under the provisions of this chapter are confidential. Every communication, whether oral or written, made by or on behalf of any complainant to the Board or member thereof, pursuant to this chapter, whether by way of complaint or testimony, is privileged; and no action or proceeding, civil or criminal, shall lie against any person by whom or on whose behalf the communication is made, except upon proof that the communication was made with malice. No part of this chapter is construed as prohibiting the respondent or his legal counsel from exercising the respondent's constitutional right of due process under the law nor to prohibit the respondent from normal access to the charges and evidence filed against him as a part of due process under the law. Section 40-61-90. The Board may revoke, suspend, or otherwise restrict the certificate of any registered environmental sanitarian or reprimand or otherwise discipline him when it is established that the license holder is guilty of misconduct as defined in this chapter. Misconduct, which constitutes grounds for revocation, suspension, or restriction of a certificate or a limitation on, reprimand, or other discipline of a registered environmental sanitarian, is a satisfactory showing to the Board: (1) That any false, fraudulent, or forged statement or document has been used, and any fraudulent, deceitful, or dishonest act has been practiced by the holder of a license or certificate in connection with any of the registration requirements. (2) That the holder of a certificate has been convicted of a felony or any other crime involving moral turpitude. Forfeiture of a bond or a plea of nolo contendere is considered the equivalent of a conviction. (3) That the holder of a certificate practiced environmental sanitation while under either the influence of alcohol or drugs to such a degree as to adversely affect his ability to practice environmental sanitation. (4) That the holder of a certificate uses alcohol or drugs to such a degree as to adversely affect his ability to practice environmental sanitation. (5) That the holder of a certificate has knowingly performed any act which substantially assists a person to practice environmental sanitation illegally. (6) That the holder of a certificate intentionally has caused to be published or circulated directly or indirectly any fraudulent, false, or misleading statements as to the skill or methods of practice of any environmental sanitarian. (7) That the holder of a certificate has sustained any physical or mental impairment or disability which renders further practice by him dangerous to the public. (8) That the holder of a certificate has violated the code of ethics as adopted by the Board and published in its regulations. (9) That the holder of a certificate has engaged in conduct that is deceptive, fraudulent, or harmful to the public. (10) That the holder of a certificate is guilty of obtaining fees or assisting in obtaining such fees under deceptive, false, or fraudulent circumstances. (11) That the holder of a certificate is guilty of the use of any intentionally false or fraudulent statement in any document connected with the practice of environmental sanitation. (12) That the holder of a certificate has been found by the Board to lack the professional competence to practice environmental sanitation. (13) That the holder of a certificate has violated any provision of this chapter regulating the practice of environmental sanitation. (14) That the holder of a certificate has been guilty of using a solicitor or peddlers, cappers, or steerers to obtain patronage. In addition to all other remedies and actions incorporated in this chapter, the certificate of a registered environmental sanitarian adjudged mentally incompetent by any court of proper jurisdiction is automatically suspended by the Board until he is adjudged by a court of competent jurisdiction to be mentally competent. Section 40-61-100. Reciprocity with those states having an act for the registration of sanitarians whose provisions are equivalent as determined by the Board may be entered into by the Board under the appropriate bylaws and rules of procedure as may be prescribed by the Board. Section 40-61-110. If the Board is satisfied that the registered environmental sanitarian is guilty of any offense charged in the formal accusation provided for in this chapter, it must revoke, suspend, reprimand, or otherwise take any other reasonable action short of revocation or suspension, such as requiring the sanitarian to undertake additional professional training subject to the direction and supervision of the Board. The Board may also impose such restraint upon the sanitarian as circumstances warrant until the sanitarian demonstrates to the Board adequate professional competence. In all cases where disciplinary action is taken by the Board, written notice of the action must then be mailed by the secretary of the Board to the accused at his last known address as provided to the Board. Any final order of the Board finding that a registered environmental sanitarian is guilty of any offense charged in a formal accusation shall become public knowledge except for a final order dismissing the accusation or determining that a private reprimand is in order. All final orders which are made public must be mailed to local and state associations, and all registered environmental sanitarians with which the respondent is associated, states where the registered environmental sanitarian has a certificate as known to the Board, and to any other source that the Board wishes to furnish this information. Any decision by the Board to revoke, suspend, or otherwise restrict the certificate must be by majority vote and is subject to review by the Richland County Court of Common Pleas upon petition filed by the sanitarian with the court and a copy served upon the secretary of the Board within thirty days from the date of delivery of the Board's decision to the sanitarian. The review is limited to the record established by the Board's hearing. Section 40-61-120. It is unlawful for any person to practice as a registered environmental sanitarian or represent himself as a registered environmental sanitarian unless the person has fully complied with the provisions of this chapter and has been issued a current certificate of registration. Section 40-61-130. A. Any person violating the provisions of this chapter is guilty of a misdemeanor and upon conviction must be fined not more than one hundred dollars or be imprisoned for not more than thirty days. B. The Board must issue a certificate of registration without examination of any person who on June 30, 1983, was a registered sanitarian duly registered with the South Carolina Board of Examiners for Registered Sanitarians. The Board must also issue a certificate of registration to any individual who is working in environmental health and control programs in the State on the effective date of this chapter who is not a registered environmental sanitarian who makes application to the Board and takes the examination prior to July 1, 1985. C. The public members added to the Board by Section 40-61-30 of the 1976 Code must be appointed to assume office July 1, 1984. D. In accordance with the provisions of Section 7 of Act 608 of 1978, the existence of the South Carolina State Board of Examiners for Registered Environmental Sanitarians is reauthorized for six years." SECTION 59 Establishing an Office of Precinct Demographics Within the Division of Research and Statistical Services of the State Budget and Control Board and Defining its Powers and Duties. There is created within the Division of Research and Statistical Services of the State Budget and Control Board an Office of Precinct Demographics to be staffed by personnel as determined appropriate by the Board and consistent with funds appropriated for the Office by the General Assembly in the annual general appropriation act. The Office of Precinct Demographics shall: (1) Review existing precinct boundaries and maps for accuracy, develop and rewrite descriptions of precincts for submission to the legislative process. (2) Consult with members of the General Assembly or their designees on matters related to precinct construction or discrepancies that may exist or occur in precinct boundary development in the counties they represent. (3) Develop a system for originating and maintaining precinct maps and related data for the State. (4) Represent the Division at public meetings, meetings with members of the General Assembly, and meetings with other state, county, or local governmental entities on matters related to precincts. (5) Assist the appropriate county officials in the drawing of maps and writing of descriptions or precincts preliminary to these maps and descriptions being filed in this office for submission to the United States Department of Justice. (6) Coordinate with the Census Bureau in the use of precinct boundaries in constructing census boundaries and the identification of effective uses of precinct and census information for planning purposes. (7) Serve as a focal point for verifying official precinct information for the counties of South Carolina. SECTION 60 To Amend the Code of Laws of South Carolina, 1976, by Adding Section 50-21-145, So As To Establish No Wake Zones Within Two Hundred Feet of Public Boat Landings or Ramps on Lakes Keowee and Jocassee in Pickens and Oconee Counties and To Prohibit Swimming Within Fifty Feet of the Ramps or Landings. Article 1, Chapter 21, of Title 50 of the 1976 Code is amended by adding: "Section 50-21-145. On Lakes Keowee and Jocassee in Pickens and Oconee Counties all watercraft must slow to no wake speed when operating within two hundred feet of a public boat landing or ramp and it is unlawful for any person to swim within fifty feet of any public boat landing or ramp. The Department of Wildlife and Marine Resources shall issue and cause to be erected a sufficient number of signs to inform operators of motorboats that the area is a no wake zone." SECTION 61 To Amend Section 12-7-1170, Code of Laws of South Carolina, 1976, Relating to the Apportionment of Income for Purposes of State Income Tax of Businesses with Income Derived Inside and Outside the State, So as to Provide for the Elimination of the Tax Over a Four-Year Period on Sales of Property Shipped From Within This State if the Purchaser is the United States Government or the Purchaser is Not Taxable in the State of the Purchaser, and to Provide that Sales of Property Shipped from this State to a Purchaser in a Foreign Country are not Attributable to this State for Purposes of the Tax. A. Section 12-7-1170 of the 1976 Code is amended to read: "Section 12-7-1170. The ratio of sales made by such taxpayer during the income year which is attributable to this State to the total sales made by such taxpayer everywhere during the income year, and for purposes of this article, sales attributable to this State are all sales where the goods, merchandise, or property is received in this State by a purchaser, other than the United States Government. In the case of delivery of goods by common carrier, or by other means of transportation, including transportation by the purchaser, the place at which the goods are ultimately received after all transportation has been completed is considered as the place at which the goods are received by the purchaser. Direct delivery into this State by the taxpayer to a person or firm designated by a purchaser from within or without the State constitutes delivery to the purchaser in this State. When property is shipped from within this State and the purchaser is the United States Government or the taxpayer is not taxable in the state of the purchaser, the sales are attributable to this State for tax years beginning after December 31, 1984, as follows: (1) For the taxpayer's first fiscal year beginning after December 31, 1984, to the extent of seventy-five percent of the sales, (2) For the second fiscal year of the taxpayer to the extent of fifty percent of the sales, (3) For the third fiscal year of the taxpayer to the extent of twenty-five percent of the sales, (4) For all fiscal years of the taxpayer after the third fiscal year and for any taxpayers who have established a new business or industry in this State after December 31, 1983, and to which the provisions of this section may apply, the sales are not attributable to this State. Sales are not attributable to this State if the property is shipped from within this State to a purchaser in a foreign country whether or not the taxpayer is taxable in the foreign country. The word 'sales' as used in the article includes rentals of tangible personal property, the rentals from which are not separately allocated under this article. The rentals are attributed to this State if the property is located in this State. Sales of intangible personal property are attributable to this State if the entire income producing activity is within this State, or based on costs of performance, the greater proportion of which is performed within this State." B. This section shall take effect for tax years beginning after December 31, 1984. SECTION 62 To Amend Section 12-7-617, Code of Laws of South Carolina, 1976, Relating to Credits Against State Income Tax Due for Expenses of Constructing, Installing, or Restoring Ponds, Lakes, or Other Water Control Structures Designed for Irrigation, Erosion Control, and Aquaculture and Wildlife Management, So as to Delete the Prohibition Against the Credit Applying to Ponds and Other Water Control Structures Located in, Adjacent to, and Filled with Coastal Waters of the State. Section 12-7-617 of the 1976 Code, as added by an act of 1984 bearing ratification number 445, is amended to read: "Section 12-7-617. A taxpayer may claim as a credit twenty-five percent of all expenditures, to a maximum of two thousand, five hundred dollars made in each tax year, for the construction and installation or restoration of ponds, lakes, and other water impoundments, and water control structures designed for the purposes of water storage for irrigation, water supply, sediment control, erosion control or aquaculture and wildlife management. To qualify for this credit the taxpayer must obtain a construction permit issued by the South Carolina Land Resources Commission, or its agent, the local Soil and Water Conservation District, or proof of exemption from permit requirements issued by either of the above agencies, as provided in the South Carolina Dam and Reservoir Safety Act (Article 3 of Chapter 11 of Title 49). If the amount for such credit exceeds the taxpayer's tax liability for such taxable year, the amount which exceeds such tax liability for such taxable year may be carried over for credit against income taxes in the next five succeeding taxable years until the total amount of the tax credit has been taken. Nothing in this section may be construed to express any legislative intent to adopt legislation inconsistent with Act 123 of 1977, the Coastal Zone Act of 1977, to expand or limit the authority of the Coastal Council to grant permits in or adjacent to any pond, lake, or other water impoundment or water control structure located in or adjacent to and filled primarily by coastal water of the State." SECTION 63 To Amend Section 61-5-180, Code of Laws of South Carolina, 1976, Relating to the Authorization of the Alcoholic Beverage Control Commission to Issue Twenty-Four Hour Temporary Permits to Possess, Sell, and Consume Alcoholic Liquors in Sealed Containers of Two Ounces or Less, so as to Limit the Issuance of the Permit to Counties or Municipalities Approving of the Permits by a Referendum and to Provide that not more than One Referendum may be Held in a Forty-Eight Months' Period. Section 61-5-180 of the 1976 Code, created by an act of 1984 bearing ratification number 479, is amended to read: "Section 61-5-180. In addition to the provisions of Section 61-5-85, the commission may issue a temporary permit to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less. This permit is valid for a period not to exceed twenty-four hours and may be issued only to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales. The commission shall charge a nonrefundable filing fee of one hundred dollars for processing each application and a daily permit fee of fifty dollars for each day for which a permit is approved. An application shall be filed for each permit requested. The permit fees must be retained by the commission to be used for law enforcement and related purposes as directed by the commission. The commission in its sole discretion shall specify the terms and conditions of the permit. Permits authorized by this section may be issued only in those counties or municipalities where a majority of the qualified electors voting in a referendum vote in favor of the issuance of the permits. The county or municipal election commission, as the case may be, shall conduct a referendum upon petition of at least ten percent but not more than twenty-five hundred qualified electors of the county or municipality, as the case may be, in not less than thirty nor more than forty days after receiving the petition. The election commission shall cause a notice to be published in a newspaper circulated in the county or municipality, as the case may be, at least seven days before the referendum. The state election laws shall apply to the referendum mutatis mutandis. The election commission shall publish the results of the referendum and certify them to the Alcoholic Beverage Control Commission. The question on the ballot shall read substantially as follows: 'Shall the Alcoholic Beverage Control Commission be authorized to issue temporary permits in this (county)(municipality) for a period not to exceed twenty-four hours to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales?' A referendum for this purpose may not be held more often than once in forty-eight months. The expenses of any such referendum must be paid by the State Treasurer from the general fund of the State upon receipt of a statement of expenses from any election commission conducting such a referendum." SECTION 64 To Amend Section 12-37-250, as Amended, Code of Laws of South Carolina, 1976, Relating to the Homestead Exemption, so as to Increase the Exemption from the First Fifteen Thousand Dollars of the Fair Market Value of the Dwelling Place to the First Twenty Thousand Dollars Beginning with the 1984 Tax Year. A. The first paragraph of Section 12-37-250 of the 1976 Code, as last amended by Section 15 of Part II of Act 199 of 1979, is further amended to read: "The first twenty thousand dollars of the fair market value of the dwelling place of persons is exempt from county, municipal, school, and special assessment real estate property taxes when such persons have been residents of this State for at least one year, have each reached the age of sixty-five years on or before December thirty-first, or any person who has been classified as totally and permanently disabled by a state or federal agency having the function of so classifying persons, or any person who is legally blind as defined in Section 43-25-20, preceding the tax year in which the exemption is claimed and holds complete fee simple title or a life estate to the dwelling place. Any person claiming to be totally and permanently disabled, but who has not been so classified by one of the agencies, may apply to the State Agency of Vocational Rehabilitation. The agency shall make an evaluation of such person using its own standards. The exemption shall include the dwelling place when jointly owned in complete fee simple or life estate by husband and wife and either has reached sixty-five years of age, or is totally and permanently disabled, or legally blind under this section, on or before December thirty-first preceding the tax year in which the exemption is claimed and either has been a resident of the State for one year. The exemption may not be granted unless such persons or their agents make written application therefor on or before May a first of the tax year in which the exemption is claimed and shall also pay all real property taxes due by such persons on or before March fifteenth. The application for the exemption must be made to the auditor of the county and to the governing body of the municipality in which the dwelling place is located upon forms provided by the county and municipality and approved by the Comptroller General and failure to apply constitutes a waiver of the exemption for that year. Beginning with tax year 1979 the auditor shall, as directed by the Comptroller General, notify the municipality of all exemption applications for a homestead exemption within the municipality and the information necessary to calculate the amount of the exemption. The term 'dwelling place' as used herein means the permanent home and legal residence of the applicant." B. The provisions of the first paragraph of Section 12-37-250, as amended by subsection A of this section, are effective for tax years beginning after December 31, 1983. SECTION 65 To Amend the Code of Laws of South Carolina, 1976, by Adding Section 12-33-485 so as to Allow a Person who Makes a Return and Pays the Tax Required by Chapter 33 of Title 12 of the 1976 Code a Discount Equal to One Percent of the Taxes Shown to be Due by the Return and to Provide That the Discount Permitted Under This Section Shall Not Exceed Forty Thousand Dollars During Any One Fiscal Year. A. The 1976 Code is amended by adding: "Section 12-33-485. When a return required by this chapter is filed and the taxes shown due on the return are paid in full on or before the final due date, including any date to which the time for making the return and paying the tax has been extended by the Tax Commission, the person must be allowed a discount equal to one percent of the taxes shown to be due by the return. In no case shall any discount be allowed if either the return or the tax thereon is received by the Commission after the date due, or after the expiration of any extension granted by the Commission. The discount permitted a person under this section shall not exceed forty thousand dollars during any one fiscal year." B. This section shall take effect July 1, 1984. Section 66 To Amend Section 12-35-110, as Amended, Code of Laws of South Carolina, 1976, Relating to Sales Tax, So as to Provide That a Vendor of Personal Property Through Vending Machines is Considered a User or Consumer of the Property, Excluding Vending Machine Sales of Cigarettes and Soft Drinks in Closed Containers. A. The third from the last paragraph of Section 12-35-110 of the 1976 Code is amended to read: "Notwithstanding any other provision of law, sales of any tangible personal property to contractors purchasing such property for use in the performance of contracts, and sales of any tangible personal property to contractors purchasing such property either as agents of the United States or its instrumentalities, or for their own account for use in the performance of contracts with the United States or its instrumentalities, are retail sales subject to the tax levied against the vendor as provided by this chapter and are purchases at retail for storage, use, or other consumption in this State subject to the tax as provided by this chapter. Where a vendor makes sales of tangible personal property through vending machines, not including vending machine sales of cigarettes and soft drinks in closed containers, the vendor is deemed to be the user or consumer of the tangible personal property." B. Subsection A of this section shall take effect July 1, 1985. SECTION 67 To Amend Chapter 3 of Title 56, Code of Laws of South Carolina, 1976, Relating to Motor Vehicle Registration and Licensing, By Adding Article 31 so as to Provide for Special License Plates for Volunteer Firemen and to Provide Penalties. Chapter 3 of Title 56 of the 1976 Code is amended by adding: "Article 31 Special License Plates for Volunteer Firemen Section 56-3-2810. The South Carolina Department of Highways and Public Transportation shall issue special motor vehicle license plates to volunteer firemen who request them in the manner provided in this article and who are residents of the State for private motor vehicles registered in their respective names. For the purposes of this article the term 'volunteer firemen' means members of organized units providing fire protection without compensation being paid to the members of the units for the service provided and whose membership is certified to the municipal clerk or chairman of the council of the municipality or county in which their unit is based by the chief officer of the unit concerned. The cost of the special license plate as determined by the Department must be paid annually by the requesting volunteer fireman and only one license plate may be issued to any one volunteer fireman. The plate must be issued upon application being made therefor, in a manner and upon forms which must be prescribed by the Department, and upon approval of the application by the Department. Section 56-3-2820. The special license plates, which must be of the same size and general design of regular motor vehicle license plates, must be imprinted with the words 'Volunteer Fireman' together with numbers as the Department may determine. The plates are for annual periods as provided by law. Section 56-3-2830. A license plate issued pursuant to this article may be transferred to another vehicle of the same weight class owned by the same person upon application being made therefor, in a manner and upon forms which must be prescribed by the Department, and upon approval of the application by the Department. It is unlawful for any person to whom a plate has been issued pursuant to this article knowingly to permit it to be displayed on any vehicle except the one authorized by the Department. If a holder of the plate ceases to be a volunteer fireman he must immediately return the plate to the Department. Section 56-3-2840. The provisions of this article do not affect the registration and licensing of motor vehicles as required by other provisions of this chapter but are cumulative thereto. Any person violating the provisions of this article or any person who (a) fraudulently gives false or fictitious information in any application for a special license plate, as authorized in this article, (b) conceals a material fact in any such application, or (c) otherwise commits a fraud in any such application or in the use of any special license plate issued pursuant to this article is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than one hundred dollars or thirty days' imprisonment, or both." SECTION 68 To Amend the Code of Laws of South Carolina,1976, By Adding Section 12-35-518, so as to Limit the Sales and Use Tax on the Sale of Mobile Homes and to Provide that the Provisions of This Section Shall Take Effect July 1, 1984, or the Effective Date of This Act, Whichever Occurs Later. A. Article 5, Chapter 35 of Title 12 of the 1976 Code is amended by adding: "Section 12-35-518. In the case of the sale of any mobile home the maximum tax levied by this chapter is three hundred dollars with respect to each such mobile home as defined in Section 31-17-20 plus one percent of the sales price in excess of six thousand dollars." B. The provisions of this section shall take effect July 1, 1984, or the effective date of this act, whichever occurs later. SECTION 69 To Amend Section 41-35-120, as Amended, Code of Laws of South Carolina, 1976, Relating to Disqualifying Conditions Applicable to State Employment Security Benefits, so as to Suspend Through June 30, 1985, Provisions Which Provide For Benefit Ineligibility in Certain Cases Where Remuneration is Received By an Employee Upon Separation Item (7) of Section 41-35-120 of the 1976 Code, which was added by the provisions of Act 323 of 1982, is suspended for the period July 1, 1984, or the effective date of this act, through June 30, 1985. SECTION 70 To Amend the Code of Laws of South Carolina, 1976, by Adding Section 4-11-265 so as to Provide a Procedure by Which the Registered Electors Residing in a Special Purpose District May Decide Whether They Wish the Governing Body of the District to be Elected With Budget Autonomy or Appointed by the Governing Body of the County in Which the District is Located and the Council Having Approval of the District's Annual Budget, and to Provide That if the District Governing Body is Elected, the Procedure by Which the Members of the Governing Body of the District Must be Elected, and to Make the Section Applicable Only to Districts Existing Prior to March 7, 1973, Which Do Not Have Elected Governing Bodies With Authority to Levy Taxes. The 1976 Code is amended by adding: "Section 4-11-265. (A) The legislative delegation of any county, including the Senator, may, by majority vote at a duly called meeting, initiate a referendum in that county to determine the wishes of the registered electors residing in the geographical areas of all special purpose and public service districts (districts) with regard to budgetary powers and election of the governing bodies of the districts. (B) The referendum must be conducted only at the time of a general election. Ballots must be printed with the following questions printed on them: __ Shall the governing body of (insert name) district be elected and have fiscal autonomy to approve a budget and instruct the local auditor to fix a millage sufficient to raise the budget amount? __ Shall the governing body of (insert name) district be appointed by and have its annual budget subject to final approval of the governing body of the county in which it is located? Mark one. (C) The county election commission shall count the ballots and certify the results to the county legislative delegation. (D) (1) In those districts in which the registered electors vote to have elected governing bodies, the governing body of each district shall hold an election at the time of the next general election after certification of the results of the referendum by the county election commission. Notice of the election must be published in a newspaper of general circulation in the district which shall contain detailed information concerning the election. The notice must be published not less than five nor more than fifteen days before the date of the election. All members of the governing bodies must be elected in nonpartisan elections for four-year terms, except of those initially elected one-half minus one in the case of odd-numbered governing bodies and one-half in the case of even-numbered governing bodies must be elected for terms of two years. At the expiration of the two-year terms, members elected for those terms must be elected for terms of four years. (2) Any governing body of a special purpose district may decide that its members may be elected from the district at large, at large with residency requirement, or from single member election districts. (3) To place the name of a candidate on the ballot, qualified electors of the district shall file with the county election commission, not less than sixty days before the date of the election, a petition which shall contain the names of qualified electors of a number equal to not less than five hundred qualified electors of the district or five percent of the total number of electors of the district, whichever is the lesser. (4) The number of members elected under the provisions of this subsection must be the same number as provided by law for the number of members for each district. (E) In those districts in which the registered electors vote to have appointed district governing bodies, the governing body of the county in which the district is located is vested with power to appoint the governing body of that district and shall exercise the budgetary approval process over the budget of the district. (F) The provisions of this section apply only to districts existing prior to March 7, 1973, but not to any district whose governing body is elected by the qualified electors and which governing body has the authority to levy taxes." SECTION 71 To Amend Act 150 of 1979, as Amended, Relating to a Retirement System For Judges and Solicitors, so as to Provide for Eligibility for Monthly Benefits Beginning at the Age of Seventy With at Least Five Years' Service in the Position and at Least Twenty-Five Years' Other Service With the State. Subsection (1) of Section 6 of Act 150 of 1979, as last amended by Section 34, Part II, of Act 151 of 1983, is further amended to read: "(1) Any member of the System may retire upon written application to the Board setting forth at what time, not later than his attaining age seventy-two and not more than ninety days prior nor more than six months subsequent to the execution and filing thereof, he desires to be retired, if the member at the time so specified for his retirement is no longer in the service of the State, whether as a judge or solicitor or otherwise, and has completed ten years of credited service as a judge or solicitor or was in service as a judge or solicitor on July 1, 1984, and has either attained the age of sixty-five and completed at least twenty years of credited service, or attained age seventy and completed at least fifteen years of credit service, or attained age seventy with at least five years' service in the position and has at least twenty-five years' other service with the State, or completed at least twenty-five years of credited service regardless of age. A solicitor is eligible to retire upon completion of twenty-four years of credited service regardless of age. A person ;s not eligible to receive a retirement allowance under this System while under employment covered by the South Carolina Retirement System, the South Carolina Police Officers Retirement System, or General Assembly Retirement System." SECTION 72 To Amend Section 12-21-630, Code of Laws of South Carolina, 1976, Relating to Taxes on Cartridges, Shells, and Playing Cards, so as to Eliminate the Tax on Cartridges and Shells. Section 12-21-630 of the 1976 Code is amended to read: "Section 12-21-630. There is levied, assessed, collected, and paid upon all playing cards, eight cents on each fifty cents or fractional part thereof of the retail selling price, the stamps in all cases to be affixed to the individual package." SECTION 73 To Amend Section 16-3-1290, as Amended, Code of Laws of South Carolina, 1976, Relating to Victim's Compensation Fund, so as to Provide That Interest Earned From the Fund Must Be Remitted to the General Fund of the State Instead of Being Placed in the Fund. Item (4) of Section 16-3-1290 of the 1976 Code, as last amended by an act of 1984 bearing ratification number 587, is further amended to read: "(4) Interest earned on all monies held in the Victim's Compensation Fund shall be remitted to the general fund of the State." SECTION 74 To Amend Act 436 of 1978, as Amended, Relating to Hazardous Waste Management, So as to Delete in the Definition of "Hazardous Waste" References to Materials Covered Under Article 2 of Chapter 7 of Title 13 of the 1976 Code and Insert References to Source, Special Nuclear, or Byproduct Material as Defined by the Atomic Energy Act of 1954. Subitem b of item (6) of Section 2 of Act 436 of 1978, as last amended by Section 31 of Part II of Act 151 of 1983, is further amended to read: "b. pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. Such wastes may include, but are not limited to, those which are toxic, corrosive, flammable, irritants, strong sensitizers, persistent in nature, assimilated, or concentrated in tissue, or which generate pressure through decomposition, heat, or other means. The term does not include solid or dissolved materials in domestic sewage, or solid dissolved materials in irrigation return flows, or industrial discharges which are point sources subject to NPDES permits under the Federal Water Pollution Control Act or the Pollution Control Act of South Carolina or source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954." SECTION 75 To Require Evidence of the Payment of a Federal Use Tax to the Department of Highways and Public Transportation Prior to the Issuance of Motor Vehicle Registration License Plates. After September 30, 1984, the Department of Highways and Public Transportation shall require evidence of the payment of the use tax imposed by Section 4481 of the Internal Revenue Code of 1954 prior to issuing vehicle registration and plates for those vehicles for which the taxes are required. End of Part II PART III General and Temporary Provisions SECTION I It is hereby declared to be the intent of the General Assembly that the following sections shall constitute general and temporary laws of the State of South Carolina. SECTION II To Appropriate Surplus Funds to the General Reserve Fund. During the 1983-84 fiscal year unexpended appropriations resulted in a surplus of $2,258,347 and the revenue estimate for 1983-84 was first adjusted to reflect an increase of $21,002,235 and then adjusted further to reflect an additional increase of $32,957,127, and then adjusted further to reflect an additional increase of $24,000,000, which has resulted in a total surplus of $80,217,709. Of this amount $40,443,293 is appropriated to the general reserve fund. SECTION III To Transfer Generated Earned Funds to the General Fund. Three million dollars of the monies identified through the report (dated March 7, 1984) and recommendations of the Joint Subcommittee to Study and Investigate the Accounting, Expenditure and Appropriation of Agency and Institution Generated Earned Funds shall be transferred to the general fund of the State. SECTION IV To Authorize a Portion of the Additional Capital Financing by Providing Funds Through Part IV of This Act (Supplemental Appropriations From Surplus) to Provide in Part for the Construction Necessary to Meet the Most Immediate Future Needs Which Will Arise Under the Standards Set Forth in the Proposed Consent Agreement Agreed to in Principle by the South Carolina Department of Corrections; to Authorize the Department to Enter Into the Agreement; and to Recognize the Fact That the General Assembly Will Be Required to Provide Substantial Additional Funding in the Near Future or Provide Other Remedies for Escalating Prison Populations and to Make Appropriations in Addition to Those Necessary to Comply With the Nelson, et al. v. Leeke et al. Case Settlement. A. A law suit, captioned Nelson, et al. v. Leeke, et al., (Civil Action No. 82-876-0), is presently pending in the United States District Court for the District of South Carolina involving all institutions of the South Carolina Department of Corrections, and the parties have entered into extensive negotiations involving the settlement of this law suit. The General Assembly has by Concurrent Resolution H.3054 (May 12, 1983) approved negotiation of the settlement of this law suit and has expressed its intention to implement by legislation and appropriation a reasonably expeditious settlement of the issues. The parties have reached a proposed settlement of the law suit, and the named defendants are unable to effect the settlement without the support and authorization of the General Assembly. B. The General Assembly finds that the proposed Consent Agreement agreed to in principle by the South Carolina Department of Corrections in February, 1984, is in the best interests of the State, and the named defendants in the law suit are authorized to enter into the proposed Consent Agreement. C. The General Assembly further finds that it is presently necessary to authorize a portion of the additional capital financing by providing funds through Part IV of this Act (Supplemental Appropriations from Surplus). The funding will provide in part for the construction necessary to meet the most immediate future needs which will arise under the standards set forth in the proposed Consent Agreement. The General Assembly recognizes, however, that projected prison population growth, coupled with the mandatory nature of the Consent Agreement, will require that the General Assembly provide substantial additional funding in the near future or provide other remedies in the near future for escalating prison populations. D. In addition to the funds made available by the General Assembly to the Department of Corrections for compliance with the Nelson suit, there is hereby appropriated to the Department of Corrections the sum of $16,000,000 of which $1,000,000 is to be used for fire and life safety purposes, $14,000,000 for construction purposes, and $1,000,000 to be used to exempt the Department from a delay in hiring new positions. This appropriation shall be made only if the state's revenue forecast for FY 1984-85 is increased over the amount provided in this act. Should the increase be insufficient to meet the $16,000,000 appropriation, the amount appropriated shall be proportionately reduced. SECTION V To Require the South Carolina Tax Commission to Refund Up to Forty Thousand Dollars in Sales or Use Taxes Paid on Relief Supplies Purchased by the American Red Cross Between March 28,1984, and June 30, 1984, for South Carolina Tornado Victims. Sales or use taxes paid on the gross proceeds of the sale of relief supplies purchased by the American Red Cross between March 28, 1984, and June 30, 1984, for the relief of persons in South Carolina counties declared federal disaster areas because of storms on March 28, 1984, must be refunded to the American Red Cross by the South Carolina Tax Commission before August 1, 1984, in a manner determined by the commission. Before any refund may be made, the American Red Cross shall certify to the commission that any refund received will be applied to its activities in this State. The total refund authorized by this section may not exceed forty thousand dollars. End of Part III PART IV To Make Supplemental Appropriations From Surplus SECTION 1. There is hereby appropriated out of the general fund of the State $9,100,000 from surplus Debt Service funds, and $4,000,000 from other general fund lapses, and any additional surplus general fund revenues to supplement the appropriations heretofore made in Act 151 of 1983. Total General Funds Funds Legislative Printing Equipment 300,000 300,000 --------- ------------ Total Legislative Printing 300,000 300,000 =========== =========== Governor's Office-Executive Control Office Automation 50,000 50,000 --------- ------------ Total Gov's Office-Executive Control 50,000 50,000 =========== =========== State Law Enforcement Div. Equipment-SLED Agents 25,000 25,000 Breathalyzer Machines 53,727 53,727 Chemistry Lab Equipment 450,000 450,000 --------- ------------ Total SLED 528,727 528,727 =========== =========== Office of Executive Policy & Programs Disaster Trust Fund 250,000 250,000 Railroad Rescue 80,000 80,000 --------- ------------ Total Office of Executive Policy & Programs 330,000 330,000 =========== =========== Secretary of State Equipment 352,521 352,521 --------- ------------ Total Secretary of State 352,521 352,521 =========== =========== Comptroller General's Office Implementation of GAAP 185,000 185,000 Computer Equipment 131,544 131,544 --------- ------------ Total Comptroller General's Office 316,544 326,544 =========== =========== State Treasurer Computer & Office Equipment 112,500 112,500 --------- ------------ Total State Treasurer 112,500 112,500 =========== =========== Attorney General's Office Office Automation 196,985 196,985 --------- ------------ Total Attorney General's Office 196,985 196,985 =========== =========== Adjutant General Microfilm 48,800 48,800 Equipment 10,000 10,000 --------- ------------ Total Adjutant General 58,800 58,800 =========== =========== State Election Commission General Election Expenses 832,000 832,000 --------- ------------ Total Election Commission 832,000 832,000 =========== =========== B & C Board-Executive Director Computer Equipment 250,000 250,000 Office Automation 50,000 50,000 --------- ------------ Total B & C Board-Executive Director 300,000 300,000 =========== =========== B & C Board-Budget Division Computer Equipment 1,250,000 1,250,000 Computer Study 50,000 50,000 --------- ------------ Total B & C Board-Budget Division 1,300,000 1,300,000 =========== =========== B & C Board-IRM Computer Equipment 500,000 500,000 Shared Computer Network 300,000 300,000 --------- ------------ Total B & C Board-IRM 800,000 800,000 =========== =========== B & C Board-State Personnel Human Resources Computer Study 250,000 250,000 Agency Hd Performance Appraisal 75,000 75,000 --------- ------------ Total B & C Board-State Personnel 325,000 325,000 =========== =========== B & C Board-Motor Vehicle Mgmt Motor Vehicle Replacement 250,000 250,000 --------- ------------ Total B & C Bd-Motor Vehicle Mgmt 250,000 250,000 =========== =========== B & C Board-Local Government Aid to Entities-Rural Development Railroad Mitigation 200,000 200,000 Rural Water Projects 250,000 250,000 --------- ------------ Total B & C Board-Local Government 450,000 450,000 =========== =========== B & C Board-Employee Benefits Retiree Cost of Living Bonus 2,685,000 2,685,000 --------- ------------ Total B & C Board-Employee Benefits 2,685,000 2,685,000 =========== =========== College of Charleston Avery Institute 40,000 40,000 --------- ------------ Total College of Charleston 40,000 40,000 =========== =========== Francis Marion College Renovation-Ceilings 285,000 285,000 =========== =========== Winthrop College Center of Excellence- Effective Teaching 750,000 750,000 --------- ------------ Total Winthrop College 750,000 750,000 =========== =========== Medical University of SC Dental Chairs 50,000 50,000 --------- ------------ Total Medical Univ of SC 50,000 50,000 =========== =========== State Bd for Tech & Comp Educ Equipment-Educational 4,000,000 4,000,000 --------- ------------ Total State Bd for Tech & Comp Educ 4,000,000 4,000,000 =========== =========== Department of Education School Buses 17,000,000 17,000,000 Textbooks 7,324,994 7,324,994 --------- ------------ Total Department of Education 24,324,994 24,324,994 =========== =========== Wil Lou Gray Opportunity School Building Renovations 215,000 215,000 --------- ------------ Total Wil Lou Gray Opportunity School 215,000 215,000 =========== =========== Education Television Commission Equipment Replacement 480,614 480,614 --------- ------------ Total ETV Commission 480,614 480,614 =========== =========== SC School for Deaf & Blind Perm Improvements-Track Field 30,000 30,000 Association for the Deaf 35,000 35,000 Contractual Services 30,000 30,000 Supplies & Materials 50,000 50,000 --------- ------------ Total SC School for Deaf & Blind 145,000 145,000 =========== =========== Dept of Archives & History Records Center Annex 83,266 83,266 --------- ------------ Total Dept of Archives & History 83,266 83,266 =========== =========== S.C. Arts Commission Office Equipment 25,000 25,000 Office Automation 15,000 15,000 Film Equipment 54,300 54,300 --------- ------------ Total S.C. Arts Commission 94,300 94,300 =========== =========== State Museum Commission Office Automation 20,000 20,000 Equipment-Automobile 4,000 4,000 --------- ------------ Total State Museum Commission 24,000 24,000 =========== =========== DHEC Rural Water & Sewer Grants 400,000 400,000 Lab Equipment 131,000 131,000 EQC Field Equipment 556,994 556,994 --------- ------------ Total DHEC 1,087,994 1,087,994 =========== =========== Department of Mental Health Equipment-Vehicle Replacement 250,000 250,000 Medicaid Deficiency 800,000 800,000 --------- ------------ Total Dept of Mental Health 1,050,000 1,050,000 =========== =========== Dept of Mental Retardation Piedmont Multi-County MR Board 80,000 80,000 Scott Center 80,000 80,000 Contractual Services 300,000 300,000 --------- ------------ Total Dept of Mental Retardation 460,000 460,000 =========== =========== Commission on Alcohol & Drug Abuse Block Grant Program 1,000,000 1,000,000 Marlboro County Commission on Alcohol & Drug Abuse 40,000 40,000 Newberry County Commission on Alcohol & Drug Abuse 15,000 15,000 --------- ------------ Total Comm on Alcohol & Drug Abuse 1,055,000 1,055,000 =========== =========== Department of Social Services Providence Home 15,000 15,000 --------- ------------ Total Dept of Social Services 15,000 15,000 =========== =========== John De La Howe Heating & Cooling Economizer 30,000 30,000 Equipment 23,166 23,166 --------- ------------ Total John De La Howe 53,166 53,166 =========== =========== Paroles & Community Corrections Equipment 66,800 66,800 --------- ------------ Total Paroles and Community Corrections 66,800 66,800 =========== =========== Department of Youth Services Florence Chittendon Home 107,234 107,234 Oconee Children's Home 23,871 23,871 --------- ------------ Total Dept of Youth Services 131,105 131,105 =========== =========== Water Resources Commission Aquatic Plant Mgmt 500,000 500,000 Contractual Services-Research 300,000 300,000 --------- ------------ Total Water Resources Commission 800,000 800,000 =========== =========== Land Resources Commission Rocky River Channel Improvement 100,000 100,000 Taw Caw Creek Recreation Area 118,600 118,600 --------- ------------ Total Land Resources Commission 218,600 218,600 =========== =========== Forestry Commission Fire Suppression Equipment 899,778 899,778 Bldg Construction-Florence 96,000 96,000 Bldg Construction-Walterboro 42,000 42,000 Bldg Construction-Newberry 92,000 92,000 Aerial Photography 12,900 12,900 Cost Sharing-Tornado Relief 100,000 100,000 --------- ------------ Total Forestry Commission 1,242,678 1,242,678 =========== =========== Department of Agriculture Office Automation Equipment 165,000 165,000 Test Unit Truck 40,000 40,000 Cetane Test Machine 80,000 80,000 Perm Improvements-Pee Dee Farmers Market 476,000 476,000 Perm Improvements-Greenville Farmers Market 572,295 572,295 --------- ------------ Total Dept of Agriculture 1,333,295 1,333,295 =========== =========== Wildlife & Marine Resources Boat & Drag Line 175,000 175,000 Equipment 40,000 40,000 --------- ------------ Total Wildlife & Marine Resources 215,000 215,000 =========== =========== Coastal Council Repair of Folly Beach Groins 223,750 223,750 --------- ------------ Total Coastal Council 223,750 223,750 =========== =========== Parks, Recreation & Tourism Recreation Land Trust Fund 553,000 553,000 --------- ------------ Total Parks Recreation & Tourism 553,000 553,000 =========== =========== Clark's Hill-Russel Authority Contractual Services 600,000 600,000 Land Purchase 1,000,000 1,000,000 --------- ------------ Total Clark's Hill-Russell Authority 1,600,000 1,600,00 =========== =========== Industrial Commission Software 111,000 111,000 Equipment 97,500 97,500 --------- ------------ Total Industrial Commission 208,500 208,500 =========== =========== Department of Consumer Affairs Equipment-Office Automation 243,000 243,000 --------- ------------ Total Dept of Consumer Affairs 243,000 243,000 =========== =========== Department of Labor Computer Equipment 120,000 120,000 --------- ------------ Total Department of Labor 120,000 120,000 =========== =========== Tax Commission Contractual Services 233,790 233,790 Supplies 101,910 101,910 Equipment 164,300 164,300 System Development Project 500,000 500,000 --------- ------------ Total Tax Commission 1,000,000 1,000,000 =========== =========== ABC Commission Photocopy Machine 6,000 6,000 --------- ------------ Total ABC Commission 6,000 6,000 =========== =========== Ethics Commission Equipment 12,200 12,200 --------- ------------ Total Ethics Commission 12,200 12,200 =========== =========== Board of Engineering Examiners Equipment-Workstation 6,782 6,782 --------- ------------ Total Board of Engineering Examiners 6,782 6,782 =========== =========== Certif of Env Systems Operators Equipment-Hard Disk Drives 3,635 3,635 --------- ------------ Total Certif of Env Syst Oper 3,635 3,635 =========== =========== Medical Examiners Equipment-Burglar Alarm 1,200 1,200 --------- ------------ Total Medical Examiners 1,200 1,200 =========== =========== Board of Nursing Equipment-Film, Microfilm 10,000 10,000 --------- ------------ Total Board of Nursing 10,000 10,000 =========== =========== Real Estate Board Word Processor & Computer 20,000 20,000 --------- ------------ Total Real Estate Board 20,000 20,000 =========== =========== Residential Home Builders Equipment-Files 2,108 2,108 --------- ------------ Total Residential Home Builders 2,108 2,108 =========== =========== S.C. Aeronautics Commission Contract Services-Repair Hangar 12,000 12,000 Contractual Services-Aviation Impact Study 40,000 40,000 Maintenance-Engine Overhaul 157,482 157,482 Perm Improvements-New Hangar 80,000 80,000 Perm Improvements-Facility 47,500 47,500 Repairs - OSHA 41,250 41,250 Equipment 54,850 54,850 Airport Improvements 45,000 45,000 Allendale Airport 75,000 75,000 Williamsburg Airport 60,000 60,000 Hartsville Airport 24,000 24,000 Clarendon Airport 40,000 40,000 --------- ------------ Total SC Aeronautics Commission 677,082 677,082 =========== =========== Miscellaneous Small Business Development Center 100,000 100,000 --------- ------------ Total Miscellaneous 100,000 100,000 =========== =========== Dues & Contributions Penn Community Center 19,080 19,080 Cedarwood Arts Festival 2,500 2,500 Milk and Egg Festival 5,000 5,000 Spring Cattle Show 7,500 7,500 Brookgreen Gardens 95,114 95,114 Pride of the Piedmont Jubilee 15,000 15,000 Riverbanks Zoo 95,114 95,114 Spoleto 166,449 166,449 Commercial Agriculture Museum 4,756 4,756 Stumphouse Tunnel Park 9,511 9,511 SC Festival of Flowers 17,946 17,946 SC Peach Festival 4,985 4,985 SC Hall of Fame 4,985 4,985 Oakley Park Shrine & Museum 5,982 5,982 Gilbert Peach Festival 3,988 3,988 Pendleton Historical Rec Committee 38,997 38,997 Green Zoo 47,557 47,557 Apple Festival 4,985 4,985 Carolina Cup 35,000 35,000 SC Lions Club 10,000 10,000 Sunbelt Exposition 18,000 18,000 Louisiana Rose Garden For SC 5,000 5,000 Children's Trust Fund 20,000 20,000 --------- ------------ Total Dues & Contributions 637,449 637,449 =========== =========== Total Supplemental Appropriation 52,448,595 52,448,595 Of the funds appropriated in this section for Winthrop College "Program for Effective Teaching", Winthrop College will cooperate with public and private colleges and public school districts in its surrounding counties in improving teacher effectiveness and shall develop programs to assist with the establishment of additional Programs for Effective Teaching in other regions of the State in conjunction with, and to assist in implementation, as necessary, of the Education Improvement Act of 1984. All retired members and beneficiaries of the South Carolina Retirement System and the Police Officers Retirement System who have been retired for at least two July's and who are receiving monthly benefits on November 1,1984, shall receive a single separate payment along with the November, 1984 allowance equal to two percent of the gross November, 1984, benefit multiplied by twelve. The State Budget and Control Board is hereby authorized and directed to transfer from monies appropriated under this section, "Retired State and Public School Employees-Cost of Living Bonus" to the South Carolina Retirement Systems so much of these monies as is necessary to carry out the provisions of this proviso. Of the funds appropriated under B & C Board - Local Government, Aid to Entities - Rural Development, Railroad Mitigation, the sum of $200,000 shall be expended for mitigation of railroad abandonments. The amount appropriated in "Dues and Contributions - Carolina Cup" in this SECTION 1 is effective only for Fiscal Year 1984-85 and may not be continued any year thereafter. Furthermore, any amount appropriated is contingent upon the gift to the State by the will of Marion duPont Scott and the passage of H.3646. The $1,000,000 appropriated under "Alcohol and Drug Abuse, Block Grant Program" must be distributed in accordance with Section 44-49-10 (i) of the 1976 Code. The $500,000 appropriated for "Water Resources - Aquatic Plant Management" shall be allocated with the advice of the Aquatic Plant Management Council, chaired by the Water Resources Commission. SECTION 2. The amounts appropriated in this part may be carried forward and expended for the same purposes during Fiscal Year 1984-85. The amount appropriated for "Cost Sharing-Tornado Relief" for the Forestry Commission on page 3127 may also be carried forward and expended for the same purpose during Fiscal Year 1985-86. The Forestry Commission may also refund to private landowners the cost of seedlings planted under the storm damage cost sharing program after determining that the seedlings have been properly planted. SECTION 3. Any 1983-84 surplus or lapsed funds above 1983-84 appropriations not transferred to the General Reserve Fund in Part III of this act or appropriated in SECTION 1 of this Part IV shall be allocated to the school district of the State through school building aid. End of Part IV PART V Bond Authorizations SECTION 1 To Amend Act 1377 of 1968, as Amended, Relating to the Issuance of State Capital Improvement Bonds, so as to Authorize Bonds for Vocational Education to be Unified for the Elloree High School Vocational Wing, to Authorize the Issuance of Additional Bonds for the Budget and Control Board to be Used for Renovations to the Boyleston House, and to Authorize for The Citadel Additional Bonds to be Used for an Addition and Renovations to LeTellier Hall. A. In addition to the bond authorization for the Department of Education in subitem 12 of item (f) of Section 3 of Act 1377 of 1968, as last amended by Section 2 of Act 179 of 1981, there is authorized the following: 4. Vocational Education - Elloree High School Vocational Wing $ 775,000 Provided, that the authorization for the Elloree High School Vocational Wing is conditioned upon the provision of $ 260,000 of matching monies from local and other sources. B. In addition to the bond authorizations for the Budget and Control Board in item (f) of Section 3 of Act 1377 of 1968, as last amended by Act 191 of 1983, there is authorized the following: 2. Boyleston House Renovations $ 333,300 C. In addition to the bond authorizations for The Citadel in subitem 3 of item (f) of Section 3 of Act 1377 of 1968, as last amended by Act 78 of 1983, there is authorized the following: LeTellier Hall Addition and Renovations $ 368,000 All Acts or parts of Acts inconsistent with any of the provisions of Part I, Part III, Part IV, or Part V of this Act are hereby suspended for the Fiscal Year 1984-85. All Acts or parts of Acts inconsistent with any of the provisions of Part II of this Act are hereby repealed. Except as otherwise specifically provided herein this Act shall take effect immediately upon its approval by the Governor. PLEASE NOTE: The following was vetoed by the Governor on June 28, 1984 and, sustained by the House of Representatives on August 3,1984 1. Part I, Section 92, Page 2886: "Provided, Further, That notwithstanding Section 40-15-270, South Carolina Code of Laws, the Board of Dentistry shall grant a license to any person holding a valid license in another state." 2. Part I, Section 92, Page 2886: "Provided, That no funds appropriated to the Board in this Section may be used directly or indirectly by the Board for the purpose of regulating the names under which corporations offering dental services may operate." 3. Part I, Section 14, Page 2360: "Provided, Further, That all regulations promulgated by the Budget and Control Board, and all divisions thereof, shall be submitted to the General Assembly in accordance with Act No. 176 of 1977, as amended, and buildings for which preliminary or final drawings have been approved by the appropriate agency as provided in regulations of the Budget and Control Board and buildings in which construction has begun or those occupied on or before January 1, 1984 shall comply with rules and regulations then existing and shall be exempt from subsequently adopted rules and regulations relative to Educational Occupancy pursuant to Section 23-9-40 of the Code of Laws of South Carolina for 1976." 5. Part II, Section 28, Pages 3063 and 3064: The following was vetoed by the Governor on June 28, 1984, and sustained by the House of Representatives on August 7, 1984: 4. Part II, Section 62, Pages 3107 and 3108. The remainder of the Act became effective June 28, 1984. Became law without the signature of the Governor.