postage, long distance telephone calls, fees, printing costs, and other costs relating to the promotion of governmental restructuring. All costs and expenses must be reported irrespective of the source of funding. The salary of a current state employee or a former state employee need not be reported unless that employee received a separate contract or a salary supplement in addition to his or her normal or regular salary for performing services for the Commission, the Office of Governor or the Lieutenant Governor relating to the promotion of governmental restructuring. The report must be submitted to the members of the General Assembly within thirty days of the approval of this act. *See note at end of act. 130.1. 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, 1993. State agencies are required to submit all current fiscal year input documents to the Comptroller General's Office by July 20, 1993. Appropriations for Permanent Improvements, 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. Appropriations for other specific purposes aside from ordinary operating expenses, now outstanding or here after 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, toward the accomplishment of the purposes for which the appropriations were provided. End of Part I PART II PERMANENT PROVISIONS SECTION 1 The Code Commissioner is directed to include all permanent general laws in this Part in the next edition of the Code of Laws of South Carolina, 1976, and all supplements to the Code. SECTION 2 Deleted SECTION 3 Deleted SECTION 4 Deleted SECTION 5 Deleted SECTION 6 Deleted SECTION 7 Deleted SECTION 8 TO AMEND SECTIONS 12-33-210 AND 12-33-220 OF THE 1976 CODE, RELATING TO TAXES ON LICENSES GRANTED UNDER THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO PROVIDE FOR BIENNIAL LICENSES AND REVISE THE LICENSE TAXES; TO AMEND SECTION 61-3-610, RELATING TO ALCOHOLIC BEVERAGE CONTROL COMMISSION LICENSES TO PURCHASE ALCOHOLIC BEVERAGES FOR COOKING, SO AS TO REVISE THE LICENSE FEE AND CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL; TO AMEND SECTIONS 61-3-710 AND 61-5-70, RELATING TO EXPIRATION OF LICENSES ISSUED BY THE COMMISSION, SO AS TO REVISE THE EXPIRATION DATES AND THE LICENSING PERIOD AND CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL; TO AMEND SECTION 61-5-80, RELATING TO LICENSE FEES, SO AS TO REVISE THE FEES AND THE LICENSING PERIOD; TO AMEND SECTION 61-7-80, RELATING TO REGISTRATION OF PRODUCERS, SECTION 61-7-90, RELATING TO REGISTRATION OF BRANDS OF ALCOHOLIC LIQUORS, SECTION 61-7-110, RELATING TO THE REGISTRATION OF PRODUCER REPRESENTATIVES, SECTION 61-7-130, RELATING TO LICENSING OF PRODUCERS' WAREHOUSES, AND SECTION 61-9-220, RELATING TO PRODUCERS' CERTIFICATES OF REGISTRATION, SO AS TO REVISE THE FEES AND THE LICENSING PERIOD; TO AMEND SECTION 61-9-310, RELATING TO EXPIRATION OF PERMITS ISSUED BY THE COMMISSION, SO AS TO REVISE THE PERMIT FEES, EXPIRATION DATES, AND PERMITTING PERIOD; AND TO AMEND SECTION 61-9-1220, RELATING TO PERMITS FOR BREWERIES AND WINERIES, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL AND LICENSE TO PERMIT AND REVISE THE FEES AND THE PERMITTING PERIOD. A. Section 12-33-210 of the 1976 Code is amended to read: "Section 12-33-210. The biennial license taxes on licenses granted under Chapter 3, Chapter 7, and Article 3 of Chapter 13, all of Title 61, in addition to all other license taxes, are as follows: (1) manufacturer's license: fifty thousand dollars; (2) wholesaler's license: twenty thousand dollars; and (3) retail dealer's license one thousand and two hundred dollars. Each applicant shall pay a filing fee of one hundred dollars which must accompany the initial application for each location and is not refundable." B. Section 12-33-220 of the 1976 Code is amended to read: "Section 12-33-220. A person granted a license on or after January first and before June thirtieth of any year shall pay seven-eighths of the license fees prescribed in Section 12-33-210." C. Section 61-3-610 of the 1976 Code is amended to read: "Section 61-3-610. An establishment which offers meals to the public may secure a license from the Alcoholic Beverage Control Commission to purchase and possess liqueurs, wines, and similar alcoholic beverages used solely in the cooking and preparing of foods served by the establishment. Application for the license must be in a form and under conditions prescribed by the commission. The license fee is fifty dollars. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined five hundred dollars, and other licenses he holds from the commission must be revoked. The license provided in this section does not alter or limit the privileges or responsibilities for holders of licenses issued to authorize the possession, sale, and consumption of alcoholic beverages in containers of two ounces or less issued pursuant to Act 398 of 1967. Establishments so licensed may use alcoholic beverages in the preparation of food without obtaining the license provided in this section if only containers of two ounces or less are used in the food preparation." D. Section 61-3-710 of the 1976 Code is amended to read: "Section 61-3-710. (A) Licenses issued under this chapter expire biennially according to the county where the licensed location is situated. The expiration dates are the last day of: (1) February in years which end in an: (a) odd number for Allendale, Bamberg, Barnwell, Beaufort, and Berkeley counties; (b) even number for Charleston, Clarendon, Colleton, Dorchester, Georgetown, Hampton, Jasper, and Williamsburg counties; (2) May in years which end in an: (a) odd number for Cherokee, Chester, Chesterfield, Darlington, Dillon, Fairfield, Florence, and Horry counties; (b) even number for Lancaster, Marion, Marlboro, Union, and York counties; (3) August in years which end in an: (a) odd number for Calhoun, Kershaw, Lee, Orangeburg, and Sumter counties; (b) even number for Richland County; (4) November in years which end in an: (a) odd number for Abbeville, Aiken, Anderson, Edgefield, Greenville, and Greenwood counties; (b) even number for Laurens, Lexington, McCormick, Newberry, Oconee, Pickens, Saluda, and Spartanburg counties. (B)(1) Licensees in Abbeville, Aiken, Anderson, Calhoun, Edgefield, Greenville, Greenwood, Kershaw, Lee, Orangeburg, and Sumter counties shall obtain a one-year license in 1992. Beginning in 1993 these licensees shall obtain a biennial license. (2) Licensees in Charleston, Clarendon, Colleton, Dorchester, Georgetown, Hampton, Jasper, Lancaster, Marion, Marlboro, Union, Williamsburg, and York counties whose license expires in 1993 shall obtain a one-year license. Beginning in 1994 these licensees shall obtain a biennial license. (3) Licensees located in counties not provided in item (1) or (2) whose license expires in 1992 or 1993 shall obtain a biennial license upon their first license renewal or registration after June 30, 1992. (C) The commission shall prorate license fees for license years 1992-94 according to the time the licenses are valid." E. Section 61-5-70 of the 1976 Code is amended to read: "Section 61-5-70. (A) Licenses issued under this article expire biennially according to the county where the licensed location is situated. The expiration dates are the last day of: (1) February in years which end in an: (a) odd number for Allendale, Bamberg, Barnwell, Beaufort, and Berkeley counties; (b) even number for Charleston, Clarendon, Colleton, Dorchester, Georgetown, Hampton, Jasper, and Williamsburg counties; (2) May in years which end in an: (a) odd number for Cherokee, Chester, Chesterfield, Darlington, Dillon, Fairfield, Florence, and Horry counties; (b) even number for Lancaster, Marion, Marlboro, Union, and York counties; (3) August in years which end in an: (a) odd number for Calhoun, Kershaw, Lee, Orangeburg, and Sumter counties; (b) even number for Richland County; (4) November in years which end in an: (a) odd number for Abbeville, Aiken, Anderson, Edgefield, Greenville, and Greenwood counties; (b) even number for Laurens, Lexington, McCormick, Newberry, Oconee, Pickens, Saluda, and Spartanburg counties. (B)(1) Licensees in Abbeville, Aiken, Anderson, Calhoun, Edgefield, Greenville, Greenwood, Kershaw, Lee, Orangeburg, and Sumter counties shall obtain a one-year license in 1992. Beginning in 1993 these licensees shall obtain a biennial license. (2) Licensees in Charleston, Clarendon, Colleton, Dorchester, Georgetown, Hampton, Jasper, Lancaster, Marion, Marlboro, Union, Williamsburg, and York counties whose license expires in 1993 shall obtain a one-year license. Beginning in 1994 these licensees shall obtain a biennial license. (3) Licensees in counties not provided in item (1) or (2) whose license expires in 1992 or 1993 shall obtain a biennial license upon their first license renewal or registration after June 30, 1992. (C) The commission shall prorate license fees for license years 1992-94 according to the time the license is valid." F. Section 61-5-80 of the 1976 Code is amended to read: "Section 61-5-80. (A)Applications for licenses must be accompanied by appropriate fees payable to the commission and must be deposited with the State Treasurer, or are refundable if a license is refused. The schedule of fees for the license is: (1) one thousand, five hundred dollars biennially for a nonprofit organization, as defined in Section 61-5-20(3); (2) one thousand, five hundred dollars biennially for a business establishment, as defined in Section 61-5-20(4). (B) A person who initially applies for a license after the first day of a license period shall pay license fees in accordance with the schedule provided in this subsection. During the: (1) first quarter of the license period: the entire fee; (2) second quarter of the license period: three-fourths of the prescribed fee; (3) third quarter of the license period: one-half of the prescribed fee; (4) final quarter of the license year: one-fourth of the prescribed fee. (C) Each applicant shall pay a filing fee of one hundred dollars which must accompany the initial application for each location and is not refundable." G. Section 61-7-80 of the 1976 Code is amended to read: "Section 61-7-80. (A) Every producer shall apply to the commission on forms the commission prescribes for a certificate of registration, which certificate must be approved and issued before the shipment of alcoholic liquors by the producer to a point within the geographic limits of South Carolina. (B) Every producer, at the same time application is made for a certificate of registration, shall remit to the commission a fee of two hundred dollars. Where a certificate is applied for on or after March first, the fee is one hundred fifty dollars. (C) Every certificate of registration is valid from the date of issue until the second August thirty-first after the issuance of the license." H. Section 61-7-90 of the 1976 Code is amended to read: "Section 61-7-90. (A) Every registered producer, before the shipment of alcoholic liquors to a point within the geographic limits of South Carolina, shall obtain from the commission a certificate of registration for each brand of alcoholic liquors intended to be shipped to a point within the geographic limits of this State. The commission shall provide appropriate forms for application for certificate of registration of brands of alcoholic liquors. (B) When an application for a certificate of registration of brands of alcoholic liquors is submitted a fee of twenty dollars must be paid to the commission for each brand except the first five brands of a registered producer. (C) A certificate of registration of brands of alcoholic liquors is valid from the date of issue to the second August thirty-first after the issuance of the license." I. Section 61-7-110 of the 1976 Code is amended to read: "Section 61-7-110. No person is qualified as a producer representative unless and until he has made application to the Alcoholic Beverage Control Commission for a certificate of registration and the certificate has been approved and issued. The commission shall provide appropriate forms for application for a certificate of registration as a producer representative. Upon submission of an application for a certificate of registration as a producer representative, a fee of fifty dollars must be paid to the commission and is valid for a biennial period." J. Section 61-7-130 of the 1976 Code is amended to read: "Section 61-7-130. (A) A registered producer may store alcoholic liquors only in a warehouse of the registered producer licensed by the commission. The commission shall require sufficient bond with respect to a licensed warehouse to insure proper handling of liquors stored in the warehouse. Application for license to operate a warehouse must be filed on forms prescribed by the commission. (B) When an application for a warehouse license is submitted, a fee of four hundred dollars must be paid to the commission. Where application is made for a warehouse license on or after March first, the fee is one hundred fifty dollars. A warehouse license is valid from the date of issue until the second August thirty-first after the issuance of the license." K. Section 61-9-220 of the 1976 Code is amended to read: "Section 61-9-220. Every producer shall apply to the commission on the forms the commission may prescribe for a certificate of registration, which certificate must be approved and issued before the shipment of beer or wine by the producer to a point within the geographic limits of South Carolina. Every producer, at the same time application is made for a certificate of registration, shall remit to the commission a fee of two hundred dollars. Every certificate of registration is valid from the date of issue until the second August thirty-first after the issuance of the license. Beer and wine wholesalers shall purchase only beer, ale, or wine from manufacturers or importers who hold a certificate of registration issued by the commission. Nothing in this section or Section 61-9-315 prevents the transfer or purchase and sale, for resale to retailers only, between wholesalers authorized by the registered producer or an exclusive agent in South Carolina to distribute the same brand or brands of wine, beer, or ale." L. Section 61-9-310 of the 1976 Code is amended to read: "Section 61-9-310. (A) Every person engaging in the business of selling beer, ale, porter, wine, or a beverage which has been declared to be nonalcoholic and nonintoxicating under Section 61-9-10 shall apply to the commission for a permit to sell these beverages. Each applicant shall pay a filing fee of two hundred dollars which is not refundable. Retail dealers shall pay to the commission four hundred dollars biennially for retail permits, and wholesale dealers shall pay to the commission two thousand dollars biennially for wholesale permits. Separate permits are required for each separate place of business. (B) All permits issued under this chapter expire biennially according to the county where the place of business is situated. The expiration dates are: (1) the last day of February in years which end in an: (a) odd number for Allendale, Bamberg, Barnwell, Beaufort, and Berkeley counties; (b) even number for Charleston, Clarendon, Colleton, Dorchester, Georgetown, Hampton, Jasper, and Williamsburg counties; (2) the last day of May in years which end in an: (a) odd number for Cherokee, Chester, Chesterfield, Darlington, Dillon, Fairfield, Florence, and Horry counties; (b) even number for Lancaster, Marion, Marlboro, Union, and York counties; (3) the last day of August in years which end in an: (a) odd number for Calhoun, Kershaw, Lee, Orangeburg, and Sumter counties; (b) even number for Richland County; (4) the last day of November in years which end in an: (a) odd number for Abbeville, Aiken, Anderson, Edgefield, Greenville, and Greenwood counties; (b) even number for Laurens, Lexington, McCormick, Newberry, Oconee, Pickens, Saluda, and Spartanburg counties. (C)(1) Permittees in Abbeville, Aiken, Anderson, Calhoun, Edgefield, Greenville, Greenwood, Kershaw, Lee, Orangeburg, and Sumter shall obtain a one-year permit in 1992. Beginning in 1993 these permittees shall obtain a biennial permit. (2) Permittees in Charleston, Clarendon, Colleton, Dorchester, Georgetown, Hampton, Jasper, Lancaster, Marion, Marlboro, Union, Williamsburg, and York counties whose permit expires in 1993 shall obtain a one-year permit. Beginning in 1994, these permittees shall obtain a biennial permit. (3) Permittees in counties not provided in item (1) or (2) whose permit expires in 1992 or 1993 shall obtain a biennial permit upon their first permit renewal or registration after June 30, 1992. (D) The commission shall prorate permit fees for permit years 1992-94 according to the length of time the permit is valid." M. Section 61-9-1220 of the 1976 Code is amended to read: "Section 61-9-1220. A person desiring to construct, maintain, or operate a brewery or winery under this article first shall apply to the Alcoholic Beverage Control Commission for a permit. The application must be in writing in a form the commission may prescribe. The applicant is subject to the payment of a biennial permit tax upon each brewery and on each commercial winery to be established and operated of two hundred dollars which must be paid to and collected by the Tax Commission before a permit is issued. However, the owner and operator of a winery who consumes in the operation only the fruits produced on his own farm or premises is subject to the payment of a permit fee of only ten dollars biennially. The permit expires December biennially. The fees charged for permits for the operation of breweries and wineries must be prorated by reducing the permit cost by one-eighth January 1st, April 1st, July 1st, and October 1st each year. A brewer or commercial wine manufacturer commencing business during one of these intervals shall pay for the eighth of the permit period in which business is commenced and for the eighth of the permit period during the remainder of the period, but no refund may be made to a dealer who ceases business after securing a permit." N. This section takes effect July 1, 1992. SECTION 9 TO AMEND THE 1976 CODE BY ADDING SECTION 33-55-45 SO AS TO PROVIDE FOR THE BIENNIAL LICENSING AND REGISTRATION OF CHARITABLE ORGANIZATIONS BY THE SECRETARY OF STATE; TO AMEND THE 1976 CODE BY ADDING SECTION 35-1-485 SO AS TO PROVIDE FOR THE BIENNIAL LICENSING AND REGISTRATION OF BROKER-DEALERS, AGENTS, AND INVESTMENT ADVISERS BY THE SECRETARY OF STATE; TO AMEND THE 1976 CODE BY ADDING SECTION 39-57-55 SO AS TO PROVIDE FOR THE BIENNIAL LICENSING AND REGISTRATION OF BUSINESS OPPORTUNITY SELLERS; TO AMEND THE 1976 CODE BY ADDING SECTION 41-25-35 SO AS TO PROVIDE FOR THE BIENNIAL LICENSING AND REGISTRATION OF PRIVATE PERSONNEL PLACEMENT SERVICE BUSINESSES; TO AMEND SECTION 33-55-40, RELATING TO THE REGISTRATION OF CHARITABLE ORGANIZATIONS, SO AS TO REVISE THE REGISTRATION PERIOD AND FEE AND CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL; TO AMEND SECTION 35-1-430 AND SECTION 35-1-480, AS AMENDED, RELATING TO THE REGISTRATION OF BROKER-DEALERS, AGENTS, AND INVESTMENT ADVISERS, SO AS TO REVISE THE REGISTRATION PERIOD AND FEE; TO AMEND SECTION 39-57-50, AS AMENDED, RELATING TO THE REGISTRATION OF BUSINESS OPPORTUNITY SELLERS, SO AS TO CHANGE THE REFERENCE TO ANNUAL TO BIENNIAL AND REVISE THE REGISTRATION FEE; AND TO AMEND SECTION 41-25-30, AS AMENDED, RELATING TO THE LICENSING OF PRIVATE PERSONNEL PLACEMENT SERVICE BUSINESSES, SO AS TO REVISE THE LICENSE FEE AND LICENSING PERIOD AND CHANGE THE REFERENCE TO ANNUAL TO BIENNIAL. A. The 1976 Code is amended by adding: "Section 33-55-45. (A) Licenses required by Chapter 55 of Title 33 to be registered biennially must be assigned registration periods as provided in this section. (1) Upon the first reregistration of the licenses by the South Carolina Secretary of State's Office after the effective date of the implementation of biennial licensure, a biennial registration period must be implemented as follows: (a) Licensees whose license numbers end in: (i) an even number and expire between July 1, 1992, and December 31, 1992, shall obtain a biennial registration; (ii) an even number and expire between January 1, 1993, and June 30, 1993, shall reregister their licenses for one year. At the end of that time they shall reregister their license for two years and biennially after that time; (iii) an odd number and expire between July 1, 1992, and December 31, 1992, shall register their licenses for one year. At the end of that time they shall register their license for two years and biennially after that time; (iv) an odd number and expire between January 1, 1993, and June 30, 1993, shall obtain a biennial registration; (v) `A' through `L' and expire between July 1, 1992, and June 30, 1993, shall obtain a biennial registration; (vi) `M' through `Z' and expire between July 1, 1992, and June 30, 1993, shall obtain a one-year registration and obtain a biennial registration after that time. (b) Licenses issued in South Carolina for the first time between: (i) July 1, 1992, and December 31, 1992, which end in an even number must be issued biennially; (ii) July 1, 1992, and December 31, 1992, which end in an odd number must be issued for one year. At the end of that time the license must be renewed for two years and biennially after that time; (iii) January 1, 1993, and June 30, 1993, which end in an even number must be issued for one year. At the end of that time the license must be renewed for two years and biennially after that time; (iv) January 1, 1993, and June 30, 1993, which end in an odd number must be issued biennially; (v) July 1, 1992, and June 30, 1993, and are issued license numbers which end in `A' through `L' shall obtain a biennial registration; (vi) July 1, 1992, and June 30, 1993, and which end in `M' through `Z' must be issued for one year and renewed biennially after that time. (2) Registrations are valid until the last day of the month in which the registration expires. The license fees charged during the conversion process must be prorated for the length of the license issued. (B) After June 30, 1993, licensees must be registered and licensed for twenty-four consecutive months, and the registrations expire on the last day of the twenty-fourth month. The registration and licensing of every license must be renewed biennially upon application by the holder and by payment of fees required by law to take effect on the first day of the month following the expiration of the registration and licensing to be renewed. This section does not prevent the Secretary of State's Office from refusing to issue a license. Section 35-1-485. (A) Licenses required by Chapter 1 of Title 35 to be registered biennially must be assigned registration periods as provided in this section. (1) Upon the first reregistration of the licenses by the South Carolina Secretary of State's Office after the effective date of the implementation of biennial licensure, a biennial registration period must be implemented as follows: (a) Licensees whose license numbers end in: (i) an even number and expire between July 1, 1992, and December 31, 1992, shall obtain a biennial registration; (ii) an even number and expire between January 1, 1993, and June 30, 1993, shall reregister their license for one year. At the end of this time they shall reregister their license for two years and biennially after that time; (iii) an odd number and expire between July 1, 1992, and December 31, 1992, shall register their licenses for one year. At the end of that time they shall register their license for two years and biennially after that time; (iv) an odd number and expire between January 1, 1993, and June 30, 1993, shall obtain a biennial registration; (v) `A' through `L' and expire between July 1, 1992, and June 30, 1993, shall obtain a biennial registration; (vi) `M' through `Z' and expire between July 1, 1992, and June 30, 1993, shall obtain a one-year registration and a biennial registration after that time. (b) Licenses issued in South Carolina for the first time between: (i) July 1, 1992, and December 31, 1992, which end in an even number must be issued biennially; (ii) July 1, 1992, and December 31, 1992, which end in an odd number must be issued for one year. At the end of this time the license must be renewed for two years and biennially after that time; (iii) January 1, 1993, and June 30, 1993, which end in an even number must be issued for one year. At the end of that time the license must be renewed for two years and biennially after that time; (iv) January 1, 1993, and June 30, 1993, which end in an odd number must be issued biennially; (v) July 1, 1992, and June 30, 1993, and are issued license numbers which end in `A' through `L' shall obtain a biennial registration; (vi) July 1, 1992, and June 30, 1993, and which end in `M' through `Z' must be issued for one year and renewed biennially after that time. (2) Registrations are valid until the last day of the month in which the registration expires. The license fees charged during the conversion process must be prorated for the length of the license issued. (B) After June 30, 1993, all licensees must be registered and licensed for twenty-four consecutive months, and registrations expire on the last day of the twenty-fourth month. The registration and licensing of every licensee must be renewed biennially upon application by the holder and by payment of fees required by law to take effect on the first day of the month following the expiration of the registration and licensing to be renewed. This section does not prevent the Secretary of State's Office from refusing to issue a license. Section 39-57-55. (A) Licenses required by Chapter 57 of Title 39 to be registered biennially must be assigned registration periods as provided in this section. (1) Upon the first reregistration of the licenses by the South Carolina Secretary of State's Office after the effective date of biennial licensure, a biennial registration period must be implemented as follows: (a) Licensees whose license numbers end in: (i) an even number and expire between July 1, 1992, and December 31, 1992, shall obtain a biennial registration; (ii) an even number and expire between January 1, 1993, and June 30, 1993, shall reregister their licenses for one year. At the end of that time they shall reregister their license for two years and biennially after that time; (iii) an odd number and expire between July 1, 1992, and December 31, 1992, shall register their licenses for one year. At the end of that time they shall register their license for two years and biennially after that time; (iv) an odd number and expire between January 1, 1993, and June 30, 1993, shall obtain a biennial registration; (v) `A' through `L' and expire between July 1, 1992, and June 30, 1993, shall obtain a biennial registration; (vi) `M' through `Z' and expire between July 1, 1992, and June 30, 1993, shall obtain a one-year registration and obtain a biennial registration after that time. (b) Licenses issued in South Carolina for the first time between: (i) July 1, 1992, and December 31, 1992, which end in an even number must be issued for a biennial registration period; (ii) between July 1, 1992, and December 31, 1992, which end in an odd number must be issued for one year. At the end of that time the license must be renewed for two years and biennially after that time; (iii) January 1, 1993, and June 30, 1993, which end in an even number must be issued for one year. At the end of that time the license must be renewed for two years and biennially after that time; (iv) January 1, 1993, and June 30, 1993, which end in an odd number must be issued biennially; (v) July 1, 1992, and June 30, 1993, and issued license numbers which end in `A' through `L' must be issued biennially; (vi) between July 1, 1992, and June 30, 1993, and which end in `M' through `Z' must be issued for one year and renewed biennially after that time. (2) Registrations are valid until the last day of the month in which the registration expires. The license fees charged during the conversion process must be prorated for the length of the license issued. (B) After June 30, 1993, licensees must be registered and licensed for twenty-four consecutive months, and the registrations expire on the last day of the twenty-fourth month. The registration and licensing of every licensee must be renewed biennially upon application by the holder and by payment of fees required by law to take effect on the first day of the month following the expiration of the registration and licensing to be renewed. This section does not prevent the Secretary of State's Office from refusing to issue a license. Section 41-25-35. (A) Licenses required by this chapter to be registered biennially must be assigned registration periods as provided in this section. (1) Upon the first reregistration of the licenses by the South Carolina Secretary of State's Office after the effective date of biennial licensure, a biennial registration period must be implemented as follows: (a) Licenses whose license numbers end in: (i) an even number and expire between July 1, 1992, and December 31, 1992, shall obtain a biennial registration; (ii) an even number and expire between January 1, 1993, and June 30, 1993, shall reregister their licenses for one year. At the end of that time they shall reregister their license for two years and biennially; (iii) an odd number and expire between July 1, 1992, and December 31, 1992, shall register their licenses for one year. At the end of that time they shall register their license for two years and biennially; (iv) an odd number and expire between January 1, 1993, and June 30, 1993, shall obtain a biennial registration; (v) `A' through `L' and expire between July 1, 1992, and June 30, 1993, shall obtain a biennial registration; (vi) `M' through `Z' and expire between July 1, 1992, and June 30, 1993, shall obtain a one-year registration and obtain a biennial registration after that time; (b) Licenses issued in South Carolina for the first time between: (i) July 1, 1992, and December 31, 1992, which end in an even number must be issued biennially; (ii) July 1, 1992, and December 31, 1992, which end in an odd number must be issued for one year. At the end of that time the license must be renewed for two years and biennially after that time; (iii) January 1, 1993, and June 30, 1993, which end in an even number must be issued for one year. At the end of that time the license must be renewed for two years and biennially after that time; (iv) January 1, 1993, and June 30, 1993, which end in an odd number must be issued biennially; (v) July 1, 1992, and June 30, 1993, and issued license numbers which end in `A' through `L' must be issued biennially; (vi) July 1, 1992, and June 30, 1993, and which end in `M' through `Z' must be issued for one year and renewed biennially after that time. (2) Registrations are valid until the last day of the month in which the registration expires. The license fees charged during the conversion process must be prorated for the length of the license issued. (B) After June 30, 1993, all licensees must be registered and licensed for twenty-four consecutive months, and the registrations expire on the last day of the twenty-fourth month. The registration and licensing of every licensee must be renewed biennially upon application by the holder and by payment of fees required by law to take effect on the first day of the month following the expiration of the registration and licensing to be renewed. This section does not prevent the Secretary of State's Office from refusing to issue a license." B. Section 33-55-40 of the 1976 Code is amended to read: "Section 33-55-40. (A) Every charitable organization, except as otherwise provided in this chapter, which intends to solicit contributions within this State or have funds solicited on its behalf, before solicitation, shall file a registration statement with the Secretary of State upon forms prescribed by the commission which is effective for two years and which must be refiled every two years during which the charitable organization is engaged in solicitation activities. The president, chairman, or principal officer of the charitable organization shall file the statements required under this chapter. The statements must be sworn to and contain the following information: (1) name of the organization and the purpose for which it was organized; (2) principal address of the organization and the address of offices in this State. If the organization does not maintain an office, the statements must contain the name and address of the person having custody of its financial records; (3) names and addresses of the chapters, branches, or affiliates in this State; (4) place where and the date when the organization legally was established, the form of its organization, and a reference to the determination of its tax-exempt status under the Internal Revenue Code; (5) names and addresses of the officers, directors, trustees, and the principal salaried executive staff officer; (6) whether the organization intends to solicit contributions from the public directly or have solicitation done on its behalf by others; (7) whether it is certified as a tax-exempt organization and authorized by a governmental authority in this State to solicit contributions and whether it is or has been enjoined by a court of this State from soliciting contributions; (8) general purpose for which the solicited contributions are to be used; (9) name under which it intends to solicit contributions; (10) names of the individuals or officers of the organization who have final responsibility for the custody of the contributions; (11) names of the individuals or officers of the organization responsible for the final distribution of the contributions. (B) Each chapter, branch, or affiliate, except an independent member agency of a federated fund-raising organization, shall report the information required to its parent organization which shall furnish the information as to its state affiliates, chapters, and branches in a consolidated form to the Secretary or his designee. An independent member agency of a federated fund-raising organization, as defined in this chapter, shall comply with this chapter independently unless specifically exempted from doing so. (C) The registration forms and other documents prescribed by the Secretary of State must be signed by the chief executive officer and by the treasurer of the charitable organization and must be certified to be true. (D) Every charitable organization which submits an independent registration to the department shall pay a biennial registration fee of one hundred dollars. A parent organization filing on behalf of one or more chapters, branches, or affiliates, and a federated fund-raising organization filing on behalf of its member agencies shall pay a single biennial registration fee for itself and the chapters, branches, affiliates or member agencies included in the registration statement." C. Section 35-1-430 of the 1976 Code is amended to read: "Section 35-1-430. Every registration expires two years from its effective date unless renewed. The Securities Commissioner by regulation or order may prepare an initial schedule for registration renewals so that subsequent renewals of registrations effective June 14, 1961, may be staggered by calendar months. For this purpose the Securities Commissioner by regulation may reduce the registration fee proportionately." D. Section 35-1-480 of the 1976 Code, as last amended by Section 19, Part II, Act 612 of 1990, is further amended to read: "Section 35-1-480. (A) Every applicant for initial or renewal registration shall pay the following filing fees: (1) broker-dealer: four hundred dollars; (2) agent: one hundred dollars; (3) investment advisor: four hundred dollars; (4) investment advisor representative: one hundred dollars; (B) When the application is denied or withdrawn the filing fee must not be refunded." E. Section 39-57-50 of the 1976 Code, as last amended by Act 604 of 1988, is further amended to read: "Section 39-57-50. (A) The seller of every business opportunity shall file with the Secretary of State a copy of the disclosure statement required by Section 39-57-30 before placing an advertisement or making other representations to prospective purchasers in this State and shall update this filing as a material change in the required information occurs, but no less than biennially. If the seller is required by Section 39-57-40 to provide a bond or establish a trust account, he contemporaneously shall file with the Secretary of State a copy of the bond or a copy of the formal notification by the depository that the trust account is established. The Secretary of State shall charge a nonrefundable filing fee of one hundred dollars for processing and maintaining the information filed by the seller. (B) The Secretary of State shall maintain a record of all sellers registering under this chapter and shall assign a registration number to each. The seller must be advised in writing of the assigned registration number, and advertisements, pamphlets, or brochures used in the promotion of the business opportunity by the seller must include the assigned registration number in the following manner: `S.S. Reg. No. ____.' (C) A person who fails to file is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days. Each day a person fails to file constitutes a separate offense." F. Section 41-25-30 of the 1976 Code, as last amended by Act 147 of 1989, is further amended to read: "Section 41-25-30. (A) No person or firm may engage in the private personnel placement service business in South Carolina unless the person or firm has a current license for the business as provided in this chapter. (B) An application for license must be made to the Secretary for each location. If the agency is owned by: (1) an individual, the application must be made by him; (2) a partnership, the application must be made by all of the partners; (3) a corporation, an association, or a society, the application must be made by the president, vice-president, secretary, and treasurer and by a person owning twenty percent or more of the stock. (C) Each application must be written and in a form prescribed by the Secretary and must contain: (1) the name and address of the applicant; (2) the name under which the agency is to be conducted; (3) the street and number of the building or place where the business is to be conducted; (4) the business or occupations engaged in by the applicant previously; (5) whether the applicant has previously held or applied, whether granted or denied, for a private personnel placement service license within the United States or its possessions or territories; (6) the name and address of the individual who actually will direct and operate the placement activities; (7) the name and present address of the last employer of the individual; (8) a verification from a newspaper of the greatest circulation in the county of the applicant's location that a public notification containing the information required in the application has been included in the newspaper on at least one occasion before the filing; (9) a certification by a licensed member of the South Carolina Bar that all requirements of the laws of South Carolina have been met. (D) The application must be accompanied by an application fee of two hundred dollars and a license fee of one hundred dollars and verification of a surety bond of three thousand dollars or other security equal to twenty-five thousand dollars in a form approved by the Attorney General and deposited with the Secretary. The Secretary shall issue a license after thirty days following receipt of the application unless there is a reason for the Secretary to believe on the basis of a complaint and investigation that the applicant is not in compliance with this chapter. The application for a license must be denied and the license fee refunded if the Secretary determines that the applicant is not in compliance. The application fee must not be refunded. (E) The aggregate liability of the surety for all breaches of the bond may not exceed the sum of the bond. The surety on the bond may cancel the bond upon giving thirty days written notice to the Secretary and the Private Personnel Placement Service and is relieved of liability for a breach of condition occurring after the effective date of the cancellation. Failure to maintain a surety bond in force or have other security filed with the Secretary of twenty-five thousand dollars constitutes disqualification for retaining a license. The Secretary shall allow ten working days after notification to the licensee for requalification before revoking that license. The business may not operate until proof of surety bond, or other security of twenty-five thousand dollars, has been established with the Secretary. (F) Licenses are issued for two years beginning January first through December thirty-first twenty-four months later unless turned in or revoked by the Secretary. Licenses must be renewed biennially. (G) The Secretary shall mail annual license renewal forms to the last known address of each licensee by November first. If license renewal forms are not received by a licensee for any cause, the licensee shall request a license renewal form from the Secretary's office. Every licensee shall file a biennial license renewal in a form and manner suitable to the Secretary postmarked not later than the last day of December. The renewal form must be accompanied by a renewal fee of one hundred dollars. If license renewal forms are not received by the Secretary's office the first week of January, the Secretary shall notify the licensee in writing that the licensee shall pay a one hundred dollar late penalty and that the licensee has thirty days from the date of notice to comply with licensing requirements. If compliance is not met within the specified time, the Secretary shall deny license renewal, return the license fee, and notify that business to cease operation and make public notification of closure of the service in the newspaper of the greatest circulation in the county in which it is located. (H) If a written complaint by a person to the Secretary reveals that a licensee or firm is not in compliance with Section 41-25-30, the Secretary shall notify the licensee or firm of the alleged violation in writing and allow thirty days from the date of notice for response to and compliance with this chapter. If no response is received within thirty days, the Secretary shall investigate the alleged violation, and if the licensee or firm is found to be in violation of this chapter, deny or revoke that license. (I) All claims or suits brought against a licensee may be brought in the name of the person damaged upon the bond deposited with the Secretary and may be transferred and assigned as other claims for damages in civil suits. The amount of damages claimed by the plaintiff, and not the penalty designated in the bond, determines the jurisdiction of the court in which the action is brought. If a licensee has departed from the State with intent to defraud his creditors or to avoid the service of a summons in an action brought under this section, service must be made upon the surety. A copy of the summons must be mailed to the last known post office address of the residence of the licensee as shown by the records of the Secretary. The service is deemed to be made when not less than the number of days has intervened between the date of service and the return of the same as provided by law. (J) No license may be granted to conduct a private personnel placement service in a residence or rooms used for living purposes, where boarders or lodgers are kept, where meals are served, where persons sleep, or, in connection with a building or premises, where intoxicating liquors are sold to be consumed on premises, except cafes and restaurants in office buildings. (K) No license may be issued if the applicant has had a previous application which was denied or a license which has been revoked within the United States or its possessions or territories. No person may own, wholly or in part, nor manage a private personnel placement service who previously has been denied or had revoked his license to operate a private personnel placement service within the United States or its possessions or territories. The Secretary, depending upon the seriousness of the offense causing the denial or revocation of the license, after a suitable period of three months to one year, may allow the person, upon full compliance, to reapply for a license. (L) If a licensee relocates its offices before filing the annual renewal notice, he shall submit a written notice of the change of address to the Secretary containing a notarized statement that the new location conforms to licensing requirements. (M) If a licensee ceases to operate or goes out of business, he shall notify the Secretary in writing of the action and return the license to the Secretary. (N) If a business is sold to a new owner, the previous owner shall notify the Secretary in writing of the action and return the license to the Secretary and state to whom the business is being sold. That business may not operate until the new owner has obtained a new license. (O) Private Personnel Placement Services licenses are nontransferable absolutely and unconditionally." G. This section takes effect July 1, 1992. SECTION 10 TO AMEND THE 1976 CODE BY ADDING SECTION 12-21-2719 SO AS TO REQUIRE THE TAX COMMISSION TO CONVERT COIN-OPERATED DEVICE LICENSES TO A BIENNIAL LICENSING PERIOD; TO AMEND SECTION 12-21-2720, AS AMENDED, RELATING TO THE LICENSE TAX ON COIN-OPERATED DEVICES OR MACHINES, SO AS TO REVISE THE LICENSING PERIOD AND TAX, DELETE THE EXEMPTION FOR BATTING MACHINES ON WHICH AN ADMISSIONS TAX IS IMPOSED, AND PROVIDE AN EXEMPTION FOR CERTAIN MACHINES IF AN ADMISSIONS TAX IS IMPOSED; TO AMEND SECTION 12-21-2722, RELATING TO TEMPORARY LICENSES FOR COIN-OPERATED DEVICES, SO AS TO REVISE THE LICENSING PERIOD AND CHANGE THE REFERENCE TO ANNUAL TO BIENNIAL; TO AMEND SECTION 12-21-2728, RELATING TO AN OPERATOR'S LICENSE FOR COIN-OPERATED DEVICES, AND SECTION 12-21-2730, RELATING TO AN OPERATOR'S LICENSE FOR CERTAIN GAME TABLES, SO AS TO PROVIDE FOR BIENNIAL LICENSING AND REVISE THE LICENSE TAX; TO AMEND SECTION 12-21-2734, AS AMENDED, RELATING TO LICENSES TO ENGAGE IN THE BUSINESS OF COIN-OPERATED DEVICES, SO AS TO REVISE THE LICENSING PERIOD AND DELETE THE PROVISIONS FOR A SIX-MONTH LICENSE; TO AMEND SECTION 12-31-220, AS AMENDED, RELATING TO TEMPORARY PERMITS FOR MOTOR CARRIERS, AND SECTION 12-31-250, AS AMENDED, RELATING TO REGISTRATION CARDS, MARKERS, AND FEES FOR MOTOR CARRIERS, SO AS TO REVISE THE REGISTRATION PERIOD AND FEES AND CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL; TO AMEND SECTION 12-31-260, RELATING TO THE TERM OF REGISTRATION CARDS AND MARKERS, SO AS TO REVISE THE TERM AND PROVIDE FOR BIENNIAL CARDS AND MARKERS; AND TO REPEAL SECTION 3 C(2), PART II, ACT 170 OF 1987, RELATING TO COIN-OPERATED LICENSE RENEWALS AND PURCHASES. A. The 1976 Code is amended by adding: "Section 12-21-2719. Effective for licenses which expire May 31, 1993, the Tax Commission shall begin converting all coin-operated device licenses required by statute to be issued annually by the commission to a biennial licensing period. The commission shall convert its annual licensing activity to a biennial system as provided in this section. (1) Upon expiration and for which an application for renewal is received by the commission, the commission shall issue the first license for a two-year period. Subsequent licenses on the application must be issued on an alternating basis between two- year licenses and one-year licenses. Licenses expire May thirty-first of the year designated on the license. Licenses issued for a licensing period expiring after May 31, 1994, must be issued for two years. This section does not prevent the commission from refusing to issue a license for failure to remit taxes, fees, penalties, or interest due and payable under Title 12. (2) The commission shall charge one-half of the biennial license for one-year licenses issued during the conversion process. B. Section 12-21-2720 of the 1976 Code, as last amended by Act 361 of 1992, is further amended to read: "Section 12-21-2720. (A) Every person who maintains for use or permits the use of, on a place or premises occupied by him, one or more of the following machines or devices shall apply for and procure from the South Carolina Tax Commission a license effective for two years for the privilege of making use of the machine in South Carolina and shall pay for the license a tax of fifty dollars for each machine in item (1), two hundred dollars for each machine in item (2), and three thousand dollars for each machine in item (3): (1) a machine for the playing of music or kiddy rides operated by a slot or mechanical amusement devices and juke boxes in which is deposited a coin or thing of value. A machine on which an admissions tax is imposed is exempt from the C.O.D. license provisions of this section. (2) a machine for the playing of amusements or video games, without free play feature, or machines of the crane type operated by a slot in which is deposited a coin or thing of value and a machine for the playing of games or amusements, which has a free play feature, operated by a slot in which is deposited a coin or thing of value, and the machine is of the nonpayout pin table type with levers or `flippers' operated by the player by which the course of the balls may be altered or changed. A machine required to be licensed under this item is exempt from the license fee if an admissions tax is imposed. (3) a machine of the nonpayout type, in-line pin game, or video game with free play feature operated by a slot in which is deposited a coin or thing of value except machines of the nonpayout pin table type with levers or `flippers' operated by the player by which the course of the balls may be altered or changed. (B) Municipalities may increase the amount charged as license for the operation of the machines over the maximum amounts allowed before March 28, 1956, by not more than twenty percent. No municipality may limit the number of machines within the boundaries of the municipality." C. Section 12-21-2722 of the 1976 Code is amended to read: "Section 12-21-2722. In lieu of the license required under Sections 12-21-2720, 12-21-2728, and 12-21-2730 the commission may issue a temporary license to persons making application to operate machines defined in Sections 12-21-2720 and 12-21-2730 at a recognized county or state fair. The temporary license is the total amount of license fees required on all machines for which application is made, based upon one-twenty-fourth of the biennial license required under Sections 12-21-2720, 12-21-2728, and 12-21-2730. The license is valid for the specific location designated on the license and the number of machines for which application was made and expires when the designated fair officially ends." D. Section 12-21-2728 of the 1976 Code is amended to read: "Section 12-21-2728. (A) In addition to all other licenses required by this chapter, a person who owns or operates devices described in Sections 12-21-2720 and 12-21-2730 shall obtain an operator's license biennially as follows: (1) fifty dollars for devices in Sections 12-21-2720(A)(1) and 12-21-2730; (2) two hundred dollars for devices in Section 12-21-2720(A)(2); (3) two thousand dollars for devices in Section 12-21-2720(A)(3). (B) Only one license is required regardless of the number or type of devices owned or operated, and the cost of that license is the highest fee enumerated in this section for a device owned or operated. (C) The licenses provided by this section are subject to Section 12-21-2734 and are a condition precedent to engaging in or the continuing operation of machines described in this chapter. Failure to remit taxes to the State is justification for the cancellation of the license provided in this section." E. Section 12-21-2730 of the 1976 Code is amended to read: "Section 12-21-2730. Every person owning or operating a billiard or pocket billiard table, footsball table, bowling lane table, or skeeball table for profit shall apply for and procure from the commission a license for the privilege of operating the table and pay for the license a biennial tax of fifty dollars for each table owned or operated. The license in this section must be issued and is valid in accordance with Section 12-21-2734." F. Section 12-21-2734 of the 1976 Code, as last amended by Section 3C(1), Part II, Act 170 of 1987, is further amended to read: "Section 12-21-2734. (A) Every person subject to payment of tax under this article, in advance on or before the first day of June every two years or before doing an act taxable under this article, shall apply for and obtain from the commission a license for the privilege of engaging in the business and shall pay the tax levied for it. All licenses expire May thirty-first the second year of which the license is valid following the date of issue. (B) As an alternative to the license required in subsection (A), a person may be granted a nonrefundable license beginning April first and to expire September thirtieth, following the date of issue, which may not be prorated. The fee for this six-month license is one-fourth the biennial license fee. (C) Beginning July 1, 1993, if a license required in subsection (A) is purchased after June thirtieth, the license fee must be prorated on a twenty-four month basis with each month representing one twenty-fourth of the license fee imposed under Section 12-21-2720(A). Failure to obtain or renew a license as required by this article makes the person liable for the penalties imposed in this article." G. Section 12-31-220 of the 1976 Code, as last amended by Section 22 F, Part II, Act 171 of 1991, is further amended to read: "Section 12-31-220. (A) A motor carrier having infrequent trips into and through the State may obtain a temporary permit good for one motor vehicle for ten consecutive days beginning and ending on the dates specified on the face of the permit. The fee for the permit is fifteen dollars, and no reports are required of the motor carriers. Temporary permits may be issued in lieu of biennial registration required under this chapter and highway use taxes incurred during this period. The temporary permit must be carried in the vehicle for which it was issued at all times when the vehicle is in this State. The commission may issue a temporary permit by facsimile message, letter, or telegram. (B) The commission may engage a person to sell and issue the temporary permits if he purchases the permits from the commission. No person may sell and issue the permits unless the permits are available to the public on a twenty-four hour basis. (C) The commission shall promulgate the necessary regulations for the proper administration of this section. (D) The permit fee provided by this section is distributed as follows: (1) four-fifths to the State Highway Fund; (2) one fifth to the credit of the general fund of the State." H. Section 12-31-250 of the 1976 Code, as last amended by Section 22 G, Part II, Act 171 of 1991, is further amended to read: "Section 12-31-250. (A) A motor carrier operating motor vehicles in this State shall apply to the South Carolina Tax Commission biennially for a registration card and identification marker for each power unit it operates in this State. For issuing each registration card and identification marker, a fee of eight dollars must be paid to the commission upon application. For a registration card and identification marker issued during the second year of the biennial period, a fee of four dollars must be paid to the commission. A person violating this section, upon conviction, must be punished as provided in Section 12-31-630. (B) No card or marker may be issued by the commission until the fee provided in this section is paid. Thirty percent of the fees provided by this section must be credited to the State Highway Fund. The remaining portion of the fees must be deposited to the credit of the general fund of the State." I. Section 12-31-260 of the 1976 Code is amended to read: "Section 12-31-260. The registration cards and markers provided for must be issued for the period beginning April first each biennium and are valid until March thirty-first of the biennium. Registration cards and markers that expire September 30, 1992, are extended until March 31, 1993. Beginning October 1, 1992, the South Carolina Tax Commission shall issue biennial registration cards and markers that expire March 31, 1995. All identification markers remain the property of the State." J. Section 3C(2), Part II, Act 170 of 1987 is repealed. K. This section takes effect July 1, 1992. SECTION 11 TO AMEND THE 1976 CODE BY ADDING SECTION 38-3-240 SO AS TO REQUIRE THE INSURANCE COMMISSION TO CONVERT ITS ANNUAL LICENSES TO A BIENNIAL LICENSING PERIOD; TO AMEND SECTION 38-7-10, RELATING TO THE LICENSE FEES FOR INSURERS, SO AS TO REVISE THE FEES AND THE LICENSING PERIOD AND CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL; TO AMEND SECTION 38-5-60, RELATING TO THE QUALIFICATIONS TO BECOME AN APPROVED REINSURER, SO AS TO PROVIDE FOR BIENNIAL INSTEAD OF ANNUAL FEES; TO AMEND SECTION 38-7-120, RELATING TO PAYMENTS AND REFUNDS OF INSURANCE FEES AND TAXES, SO AS TO CHANGE THE REFERENCE TO ANNUAL TO BIENNIAL; TO AMEND SECTION 38-17-160, RELATING TO CERTIFICATES OF AUTHORITY, AND SECTION 38-37-710, RELATING TO FRATERNAL BENEFIT ASSOCIATIONS, SO AS TO REVISE THE LICENSING PERIODS AND FEES; TO AMEND SECTION 38-43-70, RELATING TO NONRESIDENT INSURANCE AGENTS, OFFICERS, AND EMPLOYEES, SO AS TO CHANGE THE REFERENCE TO ANNUAL TO BIENNIAL; TO AMEND SECTION 38-43-80, RELATING TO LICENSE FEES FOR INSURANCE AGENTS, SO AS TO CHANGE THE REFERENCE TO ANNUAL TO BIENNIAL, REVISE THE FEES, AND DELETE THE AUTHORIZATION FOR SEMIANNUAL LICENSES; TO AMEND SECTION 38-43-110, RELATING TO THE DURATION OF AN AGENT'S LICENSE, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL; TO AMEND SECTION 38-45-20, AS AMENDED, RELATING TO THE REQUIREMENTS FOR LICENSURE AS AN INSURANCE BROKER, AND SECTION 38-45-30, AS AMENDED, RELATING TO THE REQUIREMENTS FOR LICENSURE OF A NONRESIDENT AS AN INSURANCE BROKER, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL AND REVISE THE LICENSE FEES; TO AMEND SECTION 38-45-50, RELATING TO THE DURATION OF A BROKER'S LICENSE AND NONPAYMENT OF THE LICENSE FEE, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL; TO AMEND SECTION 38-47-30, RELATING TO THE FEE FOR AN INSURANCE ADJUSTER'S LICENSE, SO AS TO REVISE THE FEE; TO AMEND SECTION 38-47-40, RELATING TO THE DURATION OF AN ADJUSTER'S LICENSE AND NONPAYMENT OF THE LICENSE FEE, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL; TO AMEND SECTION 38-49-20, RELATING TO LICENSES FOR MOTOR VEHICLE PHYSICAL DAMAGE APPRAISERS, SO AS TO PROVIDE FOR A BIENNIAL LICENSE AND REVISE THE LICENSE FEE; TO AMEND SECTION 38-49-30, RELATING TO CANCELLATION OF LICENSES FOR MOTOR VEHICLE PHYSICAL DAMAGE APPRAISERS, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL; AND TO AMEND SECTION 38-70-50, RELATING TO PRIVATE REVIEW AGENTS, SO AS TO REVISE THE REGISTRATION FEE AND PERIOD. A. The 1976 Code is amended by adding: "Section 38-3-240. (A) Beginning July 1, 1992, the Insurance Commissioner of South Carolina shall begin converting certain licenses required by statute or regulation to a biennial license fee collection period. These license fees must be collected as follows: (1) All insurers transacting business in this State including reciprocals, fraternal benefit associations, mutual insurers doing a property business only in no more than three counties, mutual insurers doing a property business only in a single county, and approved reinsurers shall pay a license fee for two years to the commissioner by March 1, 1994, and every two years after that time by March 1st every even-numbered year. (2) An agency transacting the business of insurance in this State shall pay a license fee for two years to the commissioner within thirty days after January 1, 1994, and every two years after that time within thirty days after January 1st every even-numbered year. (3) A broker transacting the business of insurance in this State shall pay a license fee for two years to the commissioner within thirty days after May 1, 1994, and every two years after that time within thirty days after May 1st every even-numbered year. (4) An adjuster transacting business in this State shall pay a license fee for two years to the commissioner within thirty days after August 1, 1993, and every two years after that time within thirty days after August 1st every odd-numbered year. (5) A motor vehicle damage appraiser transacting business in this State shall pay a license fee for two years to the commissioner within thirty days after October 1, 1993, and every two years after that time within thirty days after October 1st every odd-numbered year. (6) An agent transacting the business of insurance in this State shall pay a license fee for two years to the commissioner within thirty days after September 1, 1992, and every two years after that time within thirty days after July 1st every odd-numbered year. (B) The fees described in this section must be earned fully when paid and are not refundable, proratable, or transferable. They must be collected in the amount and manner prescribed by statute or regulation before July 1, 1992, until the dates prescribed in subsection (A) when collections must be made pursuant to that subsection." B. Section 38-7-10 of the 1976 Code is amended to read: "Section 38-7-10. (A) Every insurer, except mutual benevolent aid associations and fraternal benefit associations, before transacting business in this State shall pay a license fee of eight hundred dollars to the commissioner and after that initial payment pay to the commissioner a biennial license fee of eight hundred dollars by March first every other year. (B) In addition to the license fees required in subsection (A), the commissioner shall collect from each insurer licensed by him to do business in this State a license fee of four hundred dollars for each kind of insurance for which the insurer is licensed as listed in Section 38-5-30(a) through (g). Each mutual insurer doing a property business only in no more than three counties shall pay a biennial fixed license fee of one hundred dollars and each mutual insurer doing a property business only in a single county shall pay a biennial fixed license fee of forty dollars. The license fees required in this subsection must be paid to the commissioner before the insurer transacts business in this State and after that initial payment must be paid biennially to the commissioner by March first every two years." C. Section 38-5-60 of the 1976 Code is amended to read: "Section 38-5-60. For purposes of calculating deductions for reserves, insurers not licensed in this State may be approved as reinsurers by the commissioner for an indefinite term only if: (1) Upon initial application a fee of four hundred dollars is enclosed, and, every two years after that time, a fee of four hundred dollars is paid by March first. (2) There is filed with the commissioner a power of attorney approved as to form by him and authorizing him to accept service of process in behalf of the reinsurer. (3) There is filed with the commissioner the reinsurer's annual statement and the reinsurer's most recent report of examination, and after that time each annual statement and report of examination is filed. (4) The reinsurer meets the capital and surplus requirements of South Carolina law with respect to the lines to be reinsured." D. Section 38-7-120 of the 1976 Code is amended to read: "Section 38-7-120. (A) As soon as practicable after each tax return or other document is filed, the commissioner, when fees and taxes are involved, shall examine the document and compute the fees and taxes due. If the fees and taxes found due are greater than the amount paid, the excess must be paid to the commissioner within fifteen days after notice of the amount due is mailed by the commissioner. If the amount due is not paid within the fifteen-day period, a penalty of five percent of the amount due may be assessed. (B) If the additional fees and taxes found to be due upon the examination of the document are not paid within fifteen days of notice by the commissioner, interest must be added to the amount of the deficiency at the rate of five percent for each month or fraction of a month from the date the fees or taxes originally were due until the date the deficiency is paid. The total maximum interest to be charged may not exceed twenty-five percent. (C) Up to one year after the date upon which an original tax return or other document is required to be filed, an insurer or other person may file an amended return to correct errors of overpayment or other errors made by the insurer or person in the original return or document. No amended return or document may be filed by an insurer or a person or accepted by the commissioner after one year. No tax adjustment, deduction, or credit may be made or taken by the insurer or person, or allowed by the commissioner, on a return or document filed after one year for errors claimed to have been made by the insurer or other person in the original return or document. (D) If, upon examination of an original or amended return or document, it appears to the commissioner that the amount of fees or taxes due is less than the amount paid, the excess must be ordered refunded by the commissioner. No refunds may be made with respect to monies distributable to a governmental unit after the distribution has been made. (E) This section does not apply to the continuation of biennial license fees for agencies, brokers, appraisers, or adjusters." E. Section 38-17-160 of the 1976 Code is amended to read: "Section 38-17-160. Each attorney shall pay a license fee of four hundred dollars every two years for the issuance of the certificate of authority or its renewal. In addition to the license fee, each attorney shall pay all of the taxes provided by law on companies doing a like business in this State and shall file the bond required of other companies doing a like class of business." F. Section 38-37-710 of the 1976 Code is amended to read: "Section 38-37-710. The authority of a fraternal benefit association authorized to transact business in this State which complies with this chapter terminates April first. However, a license continues in effect until a new license is issued or specifically refused. For each license or renewal the association shall pay the commissioner one thousand dollars every two years. However, if the association has less than two hundred members, it shall pay the commissioner a fee of one hundred dollars every two years for its license or renewal. A certified copy or duplicate of the license is prima facie evidence that the licensee is a fraternal benefit association within the meaning of this chapter." G. Section 38-43-70 of the 1976 Code is amended to read: "Section 38-43-70. (A) A nonresident of the State must not be licensed as an agent to do business in this State, except the commissioner may enter into reciprocal agreements with the insurance commissioners of other states in regard to licensing of nonresident agents if in his judgment the arrangements or agreements are in the best interest of the State and if the applicant for the license meets the minimum statutory requirements of this State for the issuance of the license. However, the commissioner may not enter into or continue a reciprocal agreement unless the other state is just as liberal as this State in licensing nonresident agents. (B) The commissioner may issue nonresident licenses to agents residing in a community comprised of two or more incorporated municipalities located partly within and partly without the State, or residing within twelve miles of the municipal limits of the municipalities, and permit the agents to write insurance in the State on the same basis as a resident licensed agent if the laws of the adjacent state are just as liberal in the licensing of residents of this State. All business so written is considered to have been transacted in accordance with the requirements of Section 38-43-60. (C) A nonresident of this State who is a regular salaried officer or employee of a licensed insurer, except an insurer licensed to transact life or life and accident and health insurance, and who travels for his insurer in this State is not required to be licensed if all of the following apply: (1) He has duties other than soliciting insurance. (2) Policies of insurance written by him are countersigned by a licensed insurance agent who is a bona fide resident of this State. (3) He receives no commission or other compensation directly dependent upon the amount of business obtained. (4) His insurer-employer biennially registers with the department his name, business address, residence address, description of duties to be performed, and other information required by the commissioner to be contained in the registration." H. Section 38-43-80 of the 1976 Code is amended to read: "Section 38-43-80. (A) The following biennial fees are applicable to an agent's license: (1) local agent: forty dollars; (2) state, special, or general agent: one hundred dollars; (3) agency: forty dollars. However, the fee applicable to an agent of a common carrier who sells only transportation ticket policies on accident and health insurance or baggage insurance on personal effects is twenty dollars. (B) The fees must be paid in advance. License fees for local, state, or special agents must be paid by the insurer for whom the agent proposes to act or by which the proposed agent is vouched for in the application for license." I. Section 38-43-110 of the 1976 Code is amended to read: "Section 38-43-110. An agent's license is for an indefinite term unless revoked, suspended, or terminated. If the biennial license fee for an agent is not paid at the time and in the manner the commissioner provides by regulation, the license must be canceled. If the license is to be reinstated, an original application must be filed and a reinstatement fee equal to the biennial license fee unpaid must be paid in addition to the regular biennial license fee." J. Section 38-45-20 of the 1976 Code, as last amended by Act 379 of 1990, is further amended to read: "Section 38-45-20. A resident may be licensed as an insurance broker by the commissioner if the following requirements are met: (1) licensure of the resident as an insurance agent for the same lines of insurance for which he proposes to apply as a broker of this State for at least two years; (2) payment of a biennial license fee of two hundred dollars which is earned fully when received, not refundable; (3) filing of a bond with the commissioner in a form approved by the Attorney General in favor of South Carolina of ten thousand dollars executed by a corporate surety licensed to transact surety insurance in this State and personally countersigned by a licensed resident agent of the surety. The bond must be conditioned to pay a person insured or seeking insurance through the broker who sustains loss as a result of: (a) the broker's violation of or failure to comply with an insurance law or regulation of this State; (b) the broker's failure to transmit properly a payment received by him, cash or credit, for transmission to an insurer or an insured; or (c) an act of fraud committed by the broker in connection with an insurance transaction. In lieu of a bond, the broker may file with the commissioner certificates of deposit of ten thousand dollars of building and loan associations or federal savings and loan associations located within the State in which deposits are guaranteed by the Federal Savings and Loan Insurance Corporation, not to exceed the amount of insurance, or of banks located within the State in which deposits are guaranteed by the Federal Deposit Insurance Corporation, not to exceed the amount of insurance. An aggrieved person may institute an action in the county of his residence against the broker or his surety, or both, to recover on the bond or against the broker to recover from the certificates of deposit, and a copy of the summons and complaint in the action must be served on the commissioner, who is not required to be made a party to the action; (4) payment to the commissioner, within thirty days after March thirty-first, June thirtieth, September thirtieth, and December thirty-first each year, of a broker's premium tax of four percent upon the premiums approved for policies of insurers not licensed in this State. Credit may be given for tax on policies canceled flat within forty-five days of the date of approval as long as the broker certifies to the commissioner that the business was placed in good faith and the policy was canceled at the request of the insured." K. Section 38-45-30 of the 1976 Code, as last amended by Act 379 of 1990, is further amended to read: "Section 38-45-30. A nonresident may be licensed as an insurance broker by the commissioner if the following requirements are met: (1) filing an application on a form prescribed by the commissioner; (2) filing an affidavit stating he will not during the period of the license place, directly or indirectly, insurance on a risk located in this State except through licensed agents of insurers licensed to do business in this State; (3) filing an affidavit stating he is a licensed broker in another state; (4) paying a biennial license fee of two hundred dollars fully earned when received, not refundable; (5) filing of a bond with the commissioner in a form approved by the Attorney General in favor of South Carolina of ten thousand dollars executed by a corporate surety licensed to transact surety insurance in this State and personally countersigned by a licensed resident agent of the surety. The bond must be conditioned to pay a person insured or seeking insurance through the broker who sustains loss as a result of: (a) the broker's violation of or failure to comply with an insurance law or regulation of this State; (b) the broker's failure to transmit properly a payment received by him, cash or credit, for transmission to an insurer or an insured; or (c) an act of fraud committed by the broker in connection with an insurance transaction. In lieu of a bond, the broker may file with the commissioner certificates of deposit of ten thousand dollars of building and loan associations or federal savings and loan associations located within the State in which deposits are guaranteed by the Federal Savings and Loan Insurance Corporation, not to exceed the amount of insurance, or of banks located within the State in which deposits are guaranteed by the Federal Deposit Insurance Corporation, not to exceed the amount of insurance. An aggrieved person may institute an action in the county of his residence against the broker or his surety or both to recover on the bond or against the broker to recover from the certificates of deposit, and a copy of the summons and complaint in the action must be served on the commissioner, who is not required to be made a party to the action; (6) paying the commissioner, within thirty days after March thirty-first, June thirtieth, September thirtieth, and December thirty-first each year, a broker's premium tax of four percent upon the premiums approved for policies of insurers not licensed in this State. Credit may be given for tax on policies canceled flat within forty-five days of the date of approval as long as the broker certifies to the commissioner that the business was placed in good faith and the policy was canceled at the request of the insured." L. Section 38-45-50 of the 1976 Code is amended to read: "Section 38-45-50. Each license issued is for an indefinite term unless revoked or suspended. If the biennial license fee of a broker is not paid at the time and in the manner the commissioner provides by regulation, the license must be canceled. If the license is to be reinstated, an original application must be filed and a reinstatement fee equal to the biennial license fee unpaid must be paid in addition to the regular biennial license fee." M. Section 38-47-30 of the 1976 Code is amended to read: "Section 38-47-30. The fee for an adjuster's license is eighty dollars payable in advance and fully earned when received, not refundable, transferable, nor proratable. However, when the laws of another state of the United States require South Carolina adjusters to pay a license fee greater than the fee required in this State of nonresident adjusters, the nonresident adjuster shall pay an amount equal to the amount of charges imposed by the laws of his state upon adjusters of this State." N. Section 38-47-40 of the 1976 Code is amended to read: "Section 38-47-40. An adjuster's license is for an indefinite term unless sooner revoked or suspended if the biennial license fee is paid at the time and in the manner which the commissioner provides by regulation. If the license fee for an adjuster is not received when due, the license must be canceled. If the license is to be reinstated, an original application must be filed and a reinstatement fee equal to the biennial license fee unpaid must be paid in addition to the regular biennial license fee." O. Section 38-49-20 of the 1976 Code is amended to read: "Section 38-49-20. No person may act as an appraiser for motor vehicle physical damage claims on behalf of an insurer or firm or corporation engaged in the adjustment or appraisal of motor vehicle claims unless he has secured first a license from the commissioner and has paid a biennial license fee of eighty dollars fully earned when received, not refundable, transferable, nor proratable. The commissioner may prescribe reasonable regulations concerning standards for qualification, suspension, or revocation of licenses and the methods by which licensees shall conduct their business." P. Section 38-49-30 of the 1976 Code is amended to read: "Section 38-49-30. If the biennial continuation license fee for an appraiser is not received when due, the license must be canceled. If the license is to be reinstated, an original application must be filed and a reinstatement fee equal to the biennial license fee unpaid must be paid in addition to the regular biennial license fee." Q. Section 38-70-50 of the 1976 Code, as added by Act 311 of 1990, is amended to read: "Section 38-70-50. (A) Every private review agent, before transacting business in this State, shall pay an application fee of not more than four hundred dollars and a registration fee of not more than eight hundred dollars to the commissioner by July first each even-numbered year. The certificate year runs July first to the following June thirtieth. (B) The commissioner shall promulgate regulations necessary to establish these registration and application fees." R. This section takes effect July 1, 1992. SECTION 12 Deleted SECTION 13 TO AMEND SECTION 11-9-820, OF THE 1976 CODE, RELATING TO THE BOARD OF ECONOMIC ADVISORS, SO AS TO REVISE THE MEMBERSHIP OF THE BOARD; TO AMEND THE 1976 CODE BY ADDING SECTION 11-9-825 SO AS TO PROVIDE FOR THE SUPPLEMENTAL ASSISTANCE TO THE FULL-TIME STAFF OF THE BOARD; TO AMEND SECTION 11-9-840, RELATING TO CERTAIN PROCEDURES OF THE BOARD INCLUDING ITS MEETING DATES, SO AS TO REVISE THE MEETING DATES; TO AMEND SECTION 11-9-880, RELATING TO THE FORECAST OF ECONOMIC CONDITIONS BY THE BOARD, SO AS TO REVISE THE MANNER IN WHICH THE BOARD MONITORS AND REVIEWS THE FLOW OF REVENUE FOR THE CURRENT FISCAL YEAR IN COMPARISON TO THE CURRENT YEAR'S FORECAST; AND TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-23 SO AS TO PROVIDE THAT VACANCIES IN THE POSITION OF DIRECTOR OF THE BUDGET DIVISION OF THE STATE BUDGET AND CONTROL BOARD MUST BE FILLED BY APPOINTMENT OF THE BUDGET AND CONTROL BOARD. A. Section 11-9-820 of the 1976 Code is amended to read: "Section 11-9-820. There is created The Board of Economic Advisors as follows: (1) One member, appointed by the Governor who possesses specific working knowledge and experience in economics, revenue forecasting, and the state budget process. This person shall serve as chairman. (2) Chairman of the State Tax Commission, who shall serve ex-officio as a nonvoting member. (3) One member appointed by the Chairman of the House Ways and Means Committee who possesses specific working knowledge and experience in economics, revenue forecasting, and the state budget process. (4) One member appointed by the Chairman of the Senate Finance Committee who possesses specific working knowledge and experience in economics, revenue forecasting, and the state budget process. The Chairman of the Board of Economic Advisors shall report directly to the Budget and Control Board to establish policy governing economic trends. The staff of the Board of Economic Advisors are administratively assigned to the Office of the Executive Director of the State Budget and Control Board. The staff shall advise the Board of Economic Advisors but shall report administratively to the Executive Director of the Budget and Control Board. The Chief Economist of the Board of Economic Advisors must be appointed annually by the Executive Director of the Budget and Control Board in consultation with the Chairman of the Board of Economic Advisors." B. The 1976 Code is amended by adding: "Section 11-9-825. The staff of the Board of Economic Advisors must be supplemented by the following officials who each shall designate one professional from their individual staffs to assist the BEA staff on a regular basis: the Governor, the Chairman of the House Ways and Means Committee, the Chairman of the Senate Finance Committee, the State Tax Commission Chairman, and the Director of the Budget Division of the Budget and Control Board. The BEA staff shall meet monthly with these designees in order to solicit their input." C. Section 11-9-840 of the 1976 Code is amended to read: "Section 11-9-840. In the organizational and procedural framework governing the formulation, evaluation, and continuing review of revenues and expenditures, any appropriate governmental entity identifying or requesting a change in the official revenue and expenditure forecast or projection, for a specified period of time, shall first notify the office of the Chairman of the Board of Economic Advisors who must bring it to the attention of the Governor prior to any independent adjustment in the appropriations or requests of the revenue or expenditures for a particular year. The Ways and Means Committee in the House of Representatives and the Senate Finance Committee must be the first to be notified subsequent to notifying the Governor and must be informed simultaneously. The Board of Economic Advisors shall meet on a quarterly basis and at the call of the Governor, the General Assembly, the Chairman of the Board, or at the request of any member of the Board who believes a meeting is necessary due to existing financial circumstances. The Board of Economic Advisors is the official voice of the State in economic matters and shall speak as one voice through the guidance and direction of the chairman. Individual members shall not speak or report individually on findings and status of economic developments." D. Section 11-9-880 of the 1976 Code is amended to read: "Section 11-9-880. (A) The Board of Economic Advisors shall make an initial forecast of economic conditions in the State and state revenues for the next fiscal year no later than November tenth of each year. Adjustments to the forecast must be considered on December tenth and January tenth. A final forecast for the next fiscal year must be made on February fifteenth. The February fifteenth forecast may be adjusted monthly if the board determines that changing economic conditions have affected the February fifteenth forecast. Prior to making or adjusting any forecast, the board must consult with outside economic experts with respect to national and South Carolina economic business conditions. All forecasts and adjusted forecasts must contain: (1) a brief description of the econometric model and all assumptions and basic decisions underlying the forecasts; (2) a projection of state revenues on a quarterly basis; (3) separate discussions of any industry which employs more than twenty percent of the state's total nonagricultural employment and separate projections for these industries. (B) In addition to fulfilling its economic and revenue forecasting responsibilities for future fiscal years, the board at each session shall monitor and review the flow of revenue for the current fiscal year in comparison to current year revenue estimates. If actual revenue collections represent an overall shortfall for any quarter of over one and one-half percent of projected revenue collections for that quarter, a synopsis must be prepared which shall include a detailed analysis of the factors contributing to the shortfall, the impact of the shortfall for the present fiscal year, a projection of whether the shortfall will be compensated for in the remaining quarters of the present fiscal year, and the impact of the shortfall on revenue estimates for the ensuing fiscal year. In addition, a similar detailed synopsis must be provided if a shortfall of one and one-half percent or more is experienced in any of the following individual revenue categories: sales and use taxes, individual income taxes, corporate income taxes, taxes on insurance premiums including workers' compensation insurance, and earnings on investments. (C) All forecasts, adjusted forecasts, and reports of the Board of Economic Advisors, including the synopsis of the current year's review as required by subsection (B), must be published and reported to the Governor, the members of the Budget and Control Board, the members of the General Assembly and made available to the news media." E. The 1976 Code is amended by adding: "Section 1-11-23. Vacancies in the position of Director of the Budget Division of the State Budget and Control Board must be filled by appointment of the Budget and Control Board." F. This section takes effect July 1, 1992. SECTION 14 Deleted SECTION 15 TO AMEND THE 1976 CODE BY ADDING CHAPTER 52 IN TITLE 48, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, SO AS TO ESTABLISH THE STATE ENERGY OFFICE WITHIN THE DIVISION OF GENERAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD, TO PROVIDE THAT PERSONNEL AND FUNDING FOR THIS OFFICE MUST BE DERIVED FROM EXISTING STATE GOVERNMENT PERSONNEL AND FINANCIAL RESOURCES AVAILABLE TO THE STATE, AND TO ESTABLISH THE ENERGY ADVISORY COMMITTEE AND PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES. A. Title 48 of the 1976 Code is amended by adding: "CHAPTER 52 State Energy Office Section 48-52-10. There is established the State Energy Office within the Division of General Services of the State Budget and Control Board which shall serve as the principal energy planning entity for the State. Its primary purpose is to develop and implement a well-balanced energy strategy and to increase the efficient use of all energy resources throughout South Carolina through the implementation of the Plan for State Energy Policy. Section 48-52-20. In carrying out the purposes of the Plan for State Energy Policy, the State Energy Office shall: (1) provide, in cooperation and conjunction with the Governor's Office, informational and technical assistance programs to assist with residential, commercial, governmental, industrial, and transportation conservation and efficiency; (2) promote, in conjunction with the South Carolina Energy Research and Development Center and the Governor's Office, continued and expanded energy research and development programs geared toward the energy needs of the State; (3) evaluate and certify energy conservation products; (4) in cooperation with the Governor's Office and other appropriate entities, examine and consider the desirability and feasibility of mechanisms for tax incentives, low-interest loans, and other financing means for cost-effective energy consideration and efficiency and use of renewable and indigenous energy resources, and advocate their implementation when deemed appropriate; (5) work with the Public Service Commission to promote appropriate financial incentives for electric utilities to maximize the use of cost-effective demand-side options in meeting future energy needs; (6) promote the adoption and use of energy efficient building codes and certification procedures for builders, heating and cooling specialists, and building inspectors; (7) promote energy efficiency in manufactured housing; (8) promote the use of less-polluting transportation fuels, public transportation and other transportation alternatives, higher mileage and less-polluting vehicles, and work with state and local entities through policy development, planning, and advocacy to encourage reduction in the need for vehicle travel. (9) ensure that state government agencies establish comprehensive energy efficiency plans and become models for energy efficiency in South Carolina, and assist the Department of Education in achieving energy efficiency in public schools; (10) collect energy data and provide energy information clearinghouse functions in conjunction with the Governor's Office, and conduct long-range energy planning; (11) assist the Governor's Office and the General Assembly in defining the public economic and environmental interest on issues related to energy production, transportation, and use and provide information on the public interest in appropriate forums, including the Public Service Commission. Section 48-52-30. The State Energy Office shall annually submit to the Governor and Joint Legislative Committee on Energy a state energy action plan that includes, but is not limited to: (a) activities by the State Energy Office to carry out the Plan for State Energy Policy; (b) long-term quantitative and qualitative energy goals for the residential, commercial, industrial, transportation, governmental, and utility sectors and measures of progress for these goals; (c) identification of obstacles to efficiency for which legislative, regulatory, or other governmental remedies are appropriate. Section 48-52-40. (A) Funding for the State Energy Office must be derived from financial resources available to the State and may be derived from such oil overcharge funds as are available and appropriate. Personnel for the State Energy Office must be derived from the consolidation of existing state government personnel slots, to the extent possible. The Director of the State Energy Office must be appointed by the State Budget and Control Board upon the recommendation of the executive director. (B) Pursuant to Section 2-65-20, The State Energy Office shall submit all proposed projects for funding with oil overcharge funds to the Joint Appropriations Review Committee for approval. Section 48-52-50. There is established the Energy Advisory Committee, whose members are appointed by the State Budget and Control Board, except as provided in item (14) of this section. Members shall serve at the pleasure of the State Budget and Control Board except that those appointed pursuant to item (14) shall serve for a term coterminous with that of their appointing authority. The committee is composed as follows: (1) two representatives of investor-owned electricity and gas companies; (2) two representatives of electric cooperatives; (3) one representative of the South Carolina Public Service Authority; (4) one representative of municipalities; (5) one representative of public-owned natural gas companies; (6) one representative of counties; (7) one representative of oil suppliers or dealers; (8) one representative of propane suppliers or dealers; (9) one representative of nonprofit public transportation providers; (10) two representatives of industrial consumers; (11) two representatives of commercial consumers; (12) two representatives of individual consumers; (13) two representatives of environmental groups; and (14) three at-large members, one each appointed by the Governor, Speaker of the House of Representatives, and the President of the Senate. Committee members shall elect one of their members to serve as chairman. The Energy Advisory Committee shall serve an advisory function to the State Energy Office. The Committee shall meet at least once each quarter to receive information on the activities of the State Energy Office and the formulation and implementation of the state energy action plan. It may comment and advise on the activities and the plan as considered appropriate by committee members. The State Energy Office may seek advice and guidance from the committee as considered appropriate by the director of the office. Members of the committee shall serve without compensation and are not eligible for mileage, subsistence, or per diem." B. This section takes effect July 1, 1992. SECTION 16 TO AMEND SECTION 48-23-100 OF THE 1976 CODE, RELATING TO THE SEEDLING PROGRAM OF THE STATE COMMISSION OF FORESTRY, SO AS TO AUTHORIZE THE REFUND OF DEPOSITS FOR SEEDLING ORDERS AND THE PURCHASE AND RESALE OF SEEDLINGS WHEN DEMAND EXCEEDS SUPPLY, AND TO REQUIRE THAT REVENUE RECEIVED FROM RESALE AND DISTRIBUTION OF SEEDLINGS MUST BE RETAINED IN A SEEDLING PURCHASE REVOLVING FUND AND EXPENDED ONLY FOR THAT PURPOSE. Section 48-23-100 of the 1976 Code is amended by adding at the end: "The commission may refund deposits placed with it for tree seedling orders. When demand for forest tree seedlings from landowners in this State exceeds the supply available from commission nurseries, the commission may purchase seedlings for resale at cost plus shipping and one dollar a thousand for administrative costs. The revenue received from the resale and distribution of these seedlings must be retained in a seedling purchase revolving fund and expended only for that purpose." SECTION 17 Deleted SECTION 18 TO AMEND SECTION 44-56-160, AS AMENDED, OF THE 1976 CODE, RELATING TO THE HAZARDOUS WASTE CONTINGENCY FUND, SO AS TO PROVIDE FOR THE DISTRIBUTION OF FEES CREDITED TO THE FUND AND TO REQUIRE CERTAIN INTEREST ACCRUED ON THE FUND TO BE CREDITED TO THE GENERAL FUND; TO AMEND THE 1976 CODE BY ADDING SECTION 44-56-163 SO AS TO PROVIDE FOR THE PINEWOOD HAZARDOUS WASTE CONTINGENCY FUND AND THE PINEWOOD DEVELOPMENT FUND; TO AMEND SECTION 44-56-165, RELATING TO HAZARDOUS WASTE REDUCTION AND MINIMIZATION ACTIVITIES, SO AS TO CONFORM THE FUNDING OF THESE ACTIVITIES TO OTHER PROVISIONS OF THIS SECTION; TO AMEND SECTION 44-56-170, AS AMENDED, RELATING TO HAZARDOUS WASTE FEES, SO AS TO INCREASE IN-STATE FEES FROM TWENTY-FIVE DOLLARS TO THIRTY-FOUR DOLLARS A TON, TO INCREASE OUT-OF-STATE FEES FROM THIRTY DOLLARS TO THIRTY-FOUR DOLLARS A TON, AND TO PROVIDE A TEN DOLLAR A TON FEE ON THE INCINERATION OF HAZARDOUS WASTE; TO AMEND THE 1976 CODE BY ADDING SECTION 44-56-175 SO AS TO PROVIDE FOR THE DISTRIBUTION OF FEES FOR THE DISPOSAL OF HAZARDOUS WASTE AND NONHAZARDOUS WASTE AND TO PROVIDE THAT FEES FOR HAZARDOUS WASTE INCINERATION MUST BE CREDITED TO THE GENERAL FUND; TO AMEND SECTION 44-56-510, RELATING TO FEES FOR DISPOSING OF NONHAZARDOUS WASTE AT A HAZARDOUS WASTE SITE, SO AS TO INCREASE IN-STATE FEES FROM FIVE DOLLARS TO THIRTEEN DOLLARS AND SEVENTY CENTS A TON AND OUT-OF-STATE FEES FROM SEVEN DOLLARS TO THIRTEEN DOLLARS AND SEVENTY CENTS A TON; AND TO AMEND SECTION 44-56-810, RELATING TO THE HAZARDOUS WASTE MANAGEMENT RESEARCH FUND, SO AS TO CONFORM THE FINANCING OF THIS FUND TO OTHER PROVISIONS OF THIS ACT. A. Section 44-56-160 of the 1976 Code, as last amended by Act 196 of 1989, is further amended to read: "Section 44-56-160. (A) The Department of Health and Environmental Control is directed to establish a Hazardous Waste Contingency Fund to ensure the availability of funds for response actions necessary at permitted hazardous waste landfills and necessary from accidents in the transportation of hazardous materials and to defray the costs of governmental response actions at uncontrolled hazardous waste sites. The contingency fund must be financed through the imposition of fees provided in Sections 44-56-170 and 44-56-510 and annual appropriations which must be provided by the General Assembly. (B) Of the fees collected pursuant to Section 44-56-170(C), and (E), and credited to the contingency fund pursuant to Section 44-56-175: (1) thirteen percent must be held separate and distinct within the fund in a permitted site fund for the purpose of response actions arising from the operation of the permitted land disposal facilities in this State; (2) sixty-two percent must be held separate and distinct within the fund to defray the costs of governmental response actions at uncontrolled hazardous waste sites and for the purpose of response actions arising from accidents occurring within the State in the transportation of hazardous materials; (3) five percent must be used to fund hazardous waste reduction and minimization activities of the department pursuant to Section 44-56-165; (4) eighteen percent must be remitted to and expended by the Hazardous Waste Management Research Fund in accordance with Section 44-56-810; (5) two percent must be returned to the governing body of a county in which a permitted commercial land disposal facility is located. (C) From the fees imposed by Section 44-56-170(C) and (E) and credited to permitted sites pursuant to subsection (B), twenty-seven percent must be held separate and distinct within the fund for the purpose of being returned to the governing body of a county in which a permitted commercial land disposal facility is located. The funds returned to a county pursuant to this subsection or subsection (B) must be used by the local law enforcement, fire, health care, and emergency units to provide protection, assistance, and emergency preparedness for any contingency which might arise from the transportation and disposal site within the county. The county governing body shall distribute the funds in an equitable manner to the involved local units including, but not limited to, municipalities and special purpose districts, as well as county entities. The State Treasurer shall disburse the funds quarterly to counties which contain commercial hazardous waste land disposal sites. (D) From the fees imposed by Section 44-56-170(C) and (E) and credited to uncontrolled sites and transportation accidents pursuant to subsection (B), five percent must be returned to and used by the governing body of the Town of Pinewood to fund the Pinewood Hazardous Waste Contingency Fund as established in Section 44-56-163. (E) All fees collected pursuant to Section 44-56-170(D) must be credited to the fund for uncontrolled sites and transportation accidents. (F) Of the fees collected pursuant to Section 44-56-510 and credited to the contingency fund pursuant to Section 44-56-175: (1) twenty-six percent must be credited to the fund for permitted sites; and (2) seventy-four percent must be credited to the fund for uncontrolled sites and transportation accidents. (G) Any interest accruing from the management of the funds held pursuant to this section must be credited to the general fund of the State, except earnings on the permitted site fund which must be credited to that fund, and earnings on the Pinewood Hazardous Waste Contingency Fund must be credited to that fund." B. The 1976 Code is amended by adding: "Section 44-56-163. (A) There is created a Pinewood Hazardous Waste Contingency Fund to ensure the availability of funds for response actions necessary at the hazardous waste landfill located adjacent to the Town of Pinewood. This contingency fund is financed pursuant to Section 44-56-160(D). The monies from this fund must be returned to the governing body of the Town of Pinewood which must be used by its law enforcement, fire, health care, and emergency units to provide protection, assistance, and emergency preparedness for any contingency which might arise from the transportation and disposal site within the municipality. The State Treasurer shall disburse the funds quarterly to the governing body of the Town of Pinewood. Any interest accruing from the management of the funds held pursuant to Section 44-56-160 or this section must be credited to this contingency fund. (B) There is created the Pinewood Development Fund in the Office of the State Treasurer. This fund must be financed through fees provided in Sections 44-56-170 and 44-56-510 and credited to this fund pursuant to Section 44-56-175. This fund must be used for economic development in the Pinewood area in Sumter or Clarendon County within a five-mile radius of the Pinewood Hazardous Waste Landfill. Expenditure of these funds must be approved by a majority of the following: (1) the chairman of the Sumter County Council or a council member designated by the chairman; (2) the chairman of the Clarendon County Council or a council member designated by the chairman; (3) one member of the Sumter County Council who represents the geographical area within which this fund may be used for economic development; (4) one member of the Clarendon County Council who represents the geographical area within which this fund may be used for economic development. All funds in the Pinewood Development Fund, including interest earned on the fund, must be remitted quarterly by the State Treasurer to the City of Pinewood and expended pursuant to this subsection." C. Section 44-56-165 of the 1976 Code, as added by Act 196 of 1989, is amended to read: "Section 44-56-165. The fees imposed under Section 44-56-170(C) and (E), and distributed in accordance with Section 44-56-160(B)(3) must be used to fund hazardous waste reduction and minimization activities of the department. Funding for this activity is not limited to the amount collected annually and may be supported by general appropriation of the General Assembly. Aqueous wastes which are hazardous only because of pH are exempt from this fee if they are generated and treated on site in a permitted wastewater treatment plant. In addition to funding hazardous waste reduction and minimization activities, the fees also must be used to enforce the bans set forth in Section 44-56-130(4), (5), and (6)." D. Section 44-56-170(C) of the 1976 Code, as last amended by Act 196 of 1989, is further amended to read: "(C) There is imposed a fee of thirty-four dollars a ton of hazardous wastes generated and disposed of in this State by landfilling or other means of land disposal." E. Section 44-56-170(E) of the 1976 Code, as last amended by Act 196 of 1989, is further amended to read: "(E) For all hazardous wastes generated outside of the State and received at a facility during the quarter each owner/operator of a hazardous waste land disposal facility shall remit to the department an amount equal to the per ton fee imposed on out-of-state waste by the state from which the hazardous waste originated but in any event no less than thirty-four dollars a ton." F. Section 44-56-170 of the 1976 Code, as last amended by Act 196 of 1989, is further amended by adding: "(F) There is imposed a fee of ten dollars a ton on the incineration of hazardous waste in this State whether the waste was generated within or outside of this State. Fees imposed by this subsection must be collected by the facility at which it is incinerated and remitted to the State Treasurer to be credited to the general fund of the State. For purposes of this subsection, `incineration' includes hazardous waste incinerators, boilers, and industrial furnaces." G. The 1976 Code is amended by adding: "Section 44-56-175. (A) Of the fees imposed pursuant to Section 44-56-170(C) and (E): (1) eighty-three percent must be credited to the Hazardous Waste Contingency Fund; (2) two percent must be credited to the Pinewood Development Fund; and (3) fifteen percent must be credited to the general fund. (B) Of the fees imposed pursuant to Section 44-56-510: (1) fifty-three percent must be credited to the Hazardous Waste Contingency Fund; (2) twenty percent must be credited to the Pinewood Development Fund; and (3) twenty-seven percent must be credited to the general fund. (C) All fees imposed pursuant to Section 44-56-170(F) must be credited to the general fund." H. Section 44-56-510 of the 1976 Code is amended to read: "Section 44-56-510. Any waste disposed of in a land disposal site permitted to receive hazardous waste for disposal and not assessed a fee under the provisions of Article 1 of this chapter must be assessed as follows: (1) a fee of thirteen dollars and seventy cents a ton of wastes generated and disposed of in this State by landfilling or other means of land disposal; (2) for all wastes generated outside of the State and received at a facility during the quarter, each owner/operator of a hazardous waste land disposal facility shall remit to the department a fee of thirteen dollars and seventy cents a ton." I. Section 44-56-810 of the 1976 Code, as added by Act 196 of 1989, is amended to read: "Section 44-56-810. There is created within the State Treasury the Hazardous Waste Management Research Fund, separate and distinct from the general fund of the State, to ensure the availability of funds for the conduct of research related to waste minimization and reduction and for the development of more effective and efficient methods of conducting governmental response actions at uncontrolled hazardous waste sites. The fund must be financed in accordance with Section 44-56-160(B) and expended only in accordance with the provisions of this article." J. This section takes effect July 1, 1992. SECTION 19 TO AMEND SECTION 12-23-810 OF THE 1976 CODE, AS AMENDED, RELATING TO THE TAX ON LICENSED HOSPITALS, SO AS TO REVISE THE IMPOSITION FORMULA OF THE TAX. A. Section 12-23-810(A) of the 1976 Code, as last amended by Act 105 of 1991, is further amended to read: "(A) Every hospital licensed as a general hospital by the Department of Health and Environmental Control is subject to the payment of an excise, license, or privilege tax. Each hospital's tax must be based on the total expenditures of each hospital as a percentage of total hospital expenditures statewide." B. This section takes effect July 1, 1992. SECTION 20 TO AMEND SECTION 44-93-170, AS AMENDED, OF THE 1976 CODE, RELATING TO THE INFECTIOUS WASTE CONTINGENCY FUND, SO AS TO PROVIDE THAT THE INTEREST EARNED BY THE FUND BE CREDITED TO THE GENERAL FUND. A. Section 44-93-170 of the 1976 Code, as amended by Section 6B, Part II, Act 612 of 1990, is further amended to read: "Section 44-93-170. The department shall establish an Infectious Waste Contingency Fund to insure the availability of funds for response actions necessary at commercial infectious waste treatment facilities and necessary from accidents in the transportation of infectious waste and to defray the cost of governmental response action associated with infectious waste. This fund must be financed by the fees imposed pursuant to Section 44-93-160. The revenue derived from the fees on waste must be credited to the Infectious Waste Contingency Fund as follows: an amount equal to two-thirds of the fees must be deposited into the fund and an amount equal to one-third of the fees must be held in a separate and distinct account within the fund for the purpose of being returned to each county in which the fee imposed by Section 44-93-160 is collected. When the amount of fees held in the Infectious Waste Contingency Fund meets or exceeds five million dollars, two-thirds of all subsequent fees collected must be remitted to the Hazardous Waste Contingency Fund established pursuant to Section 44-56-160(A) to assist in defraying the costs of governmental response actions at uncontrolled hazardous waste sites, with the remaining one-third of all subsequent fees collected pursuant to Section 44-93-160 continuing to be placed into a separate and distinct account for counties as provided in this item. Interest earned by the funds must be credited to the general fund of the State. Proceeds of the county account returned to a county pursuant to this section must be released by the State Treasurer upon the written request of a majority of the legislative delegation of the recipient county." B. This section takes effect July 1, 1992. SECTION 21 Deleted SECTION 22 Deleted SECTION 23 Deleted SECTION 24 Deleted SECTION 25 Deleted SECTION 26 Deleted SECTION 27 Deleted SECTION 28 Deleted SECTION 29 TO AMEND THE 1976 CODE BY ADDING SECTION 11-3-230 SO AS TO ALLOW PROFESSIONAL AND OCCUPATIONAL LICENSING AGENCIES (POLA'S) TO ESTABLISH SPECIAL COMPTROLLER GENERAL ACCOUNTS FOR THE CREDITING OF TEST FEES RECEIVED IN EXCESS OF AMOUNTS APPROPRIATED TO THESE AGENCIES FOR TEST EXPENSES, TO PROVIDE THAT FUNDS CREDITED TO THESE ACCOUNTS MAY BE USED ONLY TO PAY TEST EXPENSES, TO REQUIRE ACCOUNT BALANCES AT THE END OF A FISCAL YEAR TO BE REMITTED TO THE GENERAL FUND OF THE STATE, AND TO PROVIDE THE PROCEDURES FOR ESTABLISHING AND EXPENDING FUNDS FROM THESE ACCOUNTS. A. Chapter 3, Title 11 of the 1976 Code is amended by adding: "Section 11-3-230. Professional and Occupational Licensing Agencies (POLA'S) as specified in Section 11-5-210 may establish special comptroller general accounts for crediting testing fees received in excess of amounts appropriated to these agencies for test expenses. Funds credited to these accounts may be used only to pay test expenses. Any account balance at the close of the fiscal year must be remitted to the general fund of the State. These accounts must be designated `earmarked other fund accounts' and funds credited to these accounts must be expended according to the JARC process. These accounts may not be used to defer revenue." B. This section takes effect July 1, 1992. SECTION 30 Deleted SECTION 31 TO AMEND THE 1976 CODE BY ADDING SECTION 58-19-155, SO AS TO REQUIRE THE SOUTH CAROLINA PUBLIC RAILWAYS COMMISSION TO REMIT ONE HUNDRED FIFTY THOUSAND DOLLARS EACH FISCAL YEAR TO THE STATE TREASURER FOR DEPOSIT TO THE CREDIT OF THE GENERAL FUND OF THE STATE. A. Chapter 19, Title 58 of the 1976 Code is amended by adding: "Section 58-19-155. The commission, each fiscal year, shall remit one hundred fifty thousand dollars to the State Treasurer for deposit to the credit of the general fund of the State." B. This section takes effect July 1, 1992. SECTION 32 TO AMEND THE 1976 CODE BY ADDING SECTION 40-59-145 SO AS TO EXEMPT FROM THE LICENSING AND OTHER REGULATORY REQUIREMENTS OF THE SOUTH CAROLINA RESIDENTIAL BUILDERS COMMISSION PUBLIC SCHOOL STUDENTS AND INSTRUCTORS WHOSE CONTRACTING WORK IS PART OF A VOCATIONAL COURSE CURRICULUM. Chapter 59, Title 40 of the 1976 Code is amended by adding: "Section 40-59-145. The provisions of this chapter do not apply to public school students and instructors whose contracting work is part of a public school vocational course curriculum." SECTION 33 TO AMEND THE 1976 CODE BY ADDING SECTION 12-36-2645 SO AS TO IMPOSE THE SALES AND USE TAX ON GROSS PROCEEDS ACCRUING OR PROCEEDING FROM THE BUSINESS OF PROVIDING 900\976 TELEPHONE SERVICE, TO PROVIDE THAT THE APPLICABLE RATE OF THE TAX IS TEN PERCENT, AND TO CREDIT ALL OF THE PROCEEDS OF THE TAX TO THE GENERAL FUND OF THE STATE. A. Article 25, Chapter 36, Title 12 of the 1976 Code is amended by adding: "Section 12-36-2645. The sales and use taxes imposed by this chapter also extend to gross proceeds accruing or proceeding from the business of providing 900\976 telephone service except that the applicable rate of the tax is ten percent. All revenues derived from the tax imposed by this section must be credited to the general fund of the State." B. This section takes effect July 1, 1992. SECTION 34 TO AMEND THE 1976 CODE BY ADDING SECTION 11-9-85 SO AS TO DIRECT THE COMPTROLLER GENERAL TO ACCRUE VARIOUS TAX AND FEE REVENUES FOR ACCOUNTING PURPOSES AND TO AMEND SECTIONS 12-21-1050 AND 12-33-450, RELATING TO THE PAYMENT OF BEER AND WINE AND ALCOHOLIC LIQUORS TAXES, SO AS TO DELETE THE REQUIREMENT FOR PAYING ESTIMATED TAXES FOR EACH JUNE. A. Article 1, Chapter 9, Title 11 of the 1976 Code is amended by adding: "Section 11-9-85. For accounting purposes, the Comptroller General shall calculate revenues of the following taxes and fees on an accrual basis: (1) stamp and business license; (2) alcoholic liquor; (3) beer and wine; (4) soft drink; (5) electric power; (6) gasoline and motor fuel; (7) admissions, including bingo admissions; and (8) sales, use, and casual excise." B. Section 12-21-1050 of the 1976 Code is amended to read: "Section 12-21-1050. The tax prescribed in this article must be paid by requiring each wholesaler to make a report to the commission, in the form the commission prescribes, of all beer and wine sold or disposed of within this State by the wholesaler and to pay the tax due thereon not later than the twentieth of the month following the sale of beer or wine. Any wholesaler who fails to file the report or to pay the tax as prescribed in this section must pay a penalty of one quarter of one percent of the amount of the tax due and unpaid or unreported for each day the tax remains unpaid or unreported. The penalty must be assessed and collected by the commission in the manner as other taxes are assessed and collected. The commission may grant any wholesaler extensions of time for filing the reports and paying the taxes prescribed in this article and no penalties may be assessed or collected to the extent that the extensions of time are granted." C. Section 12-33-450 of the 1976 Code is amended to read: "Section 12-33-450. Every wholesaler of alcoholic liquors shall file with the commission on or before the twentieth day of each calendar month a report covering all sales of alcoholic liquors during the preceding month. " D. Subsection A of this section applies with respect to tax and fee revenues received after June 30, 1993, except for item (8) of Section 11-9-85 of the 1976 Code, which applies for sales, use, and casual excise tax revenues received after June 30, 1991. Subsections B and C take effect July 1, 1992. SECTION 35 TO AMEND THE 1976 CODE BY ADDING SECTION 59-101-360, SO AS TO PROVIDE THAT SALES TAX REVENUES FROM CATALOG SALES WHICH EXCEED REVENUES FROM SUCH SALES IN FISCAL YEAR 1991-92 MUST BE CREDITED TO A SEPARATE FUND STYLED THE HIGHER EDUCATION SALES TAX FUND, TO PROVIDE FOR THE MANNER IN WHICH THESE REVENUES MUST BE USED IN THE FISCAL YEAR 1992-93 AND THEREAFTER, AND TO PROVIDE THAT FUND REVENUES MAY NOT BE USED TO SUPPLANT OTHER APPROPRIATIONS FOR HIGHER EDUCATION. A. The 1976 Code is amended by adding: "Section 59-101-360. Notwithstanding the provisions of Section 59-21-1010(A), that portion of sales tax revenue derived pursuant to Section 12-36-2620(1) from the tax on catalog sales which exceeds the total of revenue from such sales in fiscal year 1991-92 must be credited by the State Treasurer to the higher Education Sales Tax Fund, which is separate and distinct from the general fund of the State. Revenues in this fund as appropriated in the 1992-93 General Appropriations Act and as thereafter annually appropriated must be distributed pursuant to formula funding for higher education and may not be used to supplant general fund appropriations for higher education, except that twenty percent of fund revenues must be credited to the Education Improvement Act of 1984 Fund, and except that ten percent of fund revenues, not exceeding fifteen million dollars in one fiscal year, must be appropriated for the Higher Education Tuition Grants Program pursuant to Chapter 113 of Title 59." B. This section takes effect July 1, 1992. SECTION 36 TO AMEND SECTION 12-36-2610 OF THE 1976 CODE, RELATING TO THE DISCOUNT ALLOWED FOR TIMELY PAYMENT OF SALES AND USE TAX, SO AS TO REDUCE FROM TEN THOUSAND DOLLARS TO THREE THOUSAND DOLLARS THE TOTAL AMOUNT OF THE DISCOUNT PERMITTED A TAXPAYER IN ANY ONE STATE FISCAL YEAR; AND TO REPEAL SECTION 12-36-2600, RELATING TO THE PAYMENT OF ESTIMATED SALES TAX AND THE PENALTY FOR FAILURE TO MAKE THE APPROPRIATE ESTIMATED PAYMENT. A. The last paragraph of Section 12-36-2610 of the 1976 Code, as added by Act 612 of 1990, is amended to read: "In no case is a discount allowed if the return, or the tax on it is received after the due date, pursuant to Section 12-36-2570, or after the expiration of any extension granted by the commission. The discount permitted a taxpayer under this section may not exceed three thousand dollars during any one state fiscal year." B. Section 12-36-2600 of the 1976 Code is repealed. C. This section takes effect July 1, 1992. SECTION 37 Deleted SECTION 38 Deleted SECTION 39 Deleted SECTION 40 TO AMEND SECTION 12-27-1260 OF THE 1976 CODE, RELATING TO THE CREDITING OF ADDITIONAL TAXES TO THE STRATEGIC HIGHWAY PLAN FOR IMPROVING MOBILITY AND SAFETY FUND, SO AS TO DELETE THE PROVISION FOR EARNINGS ON INVESTMENTS FROM THE FUND TO BE DEPOSITED IN THE FUND. A. Section 12-27-1260 of the 1976 Code, as added by Act 197 of 1987, is amended to read: "Section 12-27-1260. The revenue derived from the tax levied by Sections 12-27-1210, 12-27-1220, 12-27-1230, and 12-27-1240 in this chapter must be remitted to the State Treasurer to be credited to the fund established for the Strategic Highway Plan for Improving Mobility and Safety. This fund must be separate and distinct from the state general fund and highway fund. All unappropriated money in this fund must remain part of the separate fund. Money from this fund may be spent only for funding the Strategic Highway Plan for Improving Mobility and Safety Program administered by the department and funding the Economic Development Account as provided in Section 12-27-1270. No funds may be expended from this account other than for payment of engineering and planning, right-of-way acquisition, and construction of projects on the list submitted as provided in Section 12-27-1280 or those designated for economic development by the Coordinating Council for Economic Development as provided in Section 12-27-1270." B. This section takes effect July 1, 1992. SECTION 41 TO AMEND THE 1976 CODE BY ADDING SECTION 12-27-1295 SO AS TO AUTHORIZE REVENUES CREDITED TO THE STRATEGIC HIGHWAY PLAN FOR IMPROVING MOBILITY AND SAFETY FUND (SHIMS) TO BE USED TO MATCH FEDERAL HIGHWAY FUNDS WHEN FEDERAL MATCHING FUNDS WOULD OTHERWISE BE LOST BECAUSE OTHER FUNDS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, AVAILABLE TO MATCH FEDERAL FUNDS, EXCLUDING "C" FUNDS, ARE EXHAUSTED AND TO PROVIDE THAT SHIMS REVENUES NOT REQUIRED TO MATCH FEDERAL HIGHWAY FUNDS MUST BE EXPENDED ON SHIMS PROJECTS THAT ARE INELIGIBLE TO RECEIVE FEDERAL FUNDS; TO AMEND ARTICLE 1, CHAPTER 11, TITLE 57, RELATING TO FINANCES OF THE DEPARTMENT, SO AS TO PROVIDE THAT THE DEPARTMENT MUST PROCESS ALL VOUCHERS FOR THE PAYMENT OF GOODS, SERVICES, AND PERSONNEL SERVICES THROUGH THE OFFICE OF THE COMPTROLLER GENERAL; TO AMEND SECTION 11-35-45(B), RELATING TO THE DEPARTMENT'S LUMP SUM STATUS, SO AS TO ELIMINATE THE DEPARTMENT'S LUMP SUM STATUS; TO AMEND SECTION 57-3-450, RELATING TO THE SECRETARY-TREASURER OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, SO AS TO RENAME THE POSITION AND TO PROVIDE FOR APPOINTMENT BY THE EXECUTIVE DIRECTOR; TO AMEND SECTION 57-3-470, RELATING TO THE STATE HIGHWAY ENGINEER, SO AS TO RENAME THE POSITION AND TO PROVIDE FOR THE APPOINTMENT BY THE EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION; TO AMEND SECTION 57-3-760, RELATING TO THE ANNUAL REPORT, SO AS TO PROVIDE THAT ADDITIONAL INFORMATION BE INCLUDED; AND TO REPEAL SECTIONS 57-11-30, 57-11-40, 57-11-50, 57-11-60, AND 57-11-70 RELATING TO FINANCES OF THE DEPARTMENT EFFECTIVE JULY 1, 1993. A. Article 13, Chapter 27, Title 12 of the 1976 Code is amended by adding: "Section 12-27-1295. Notwithstanding any other provision of this article, when all funds available to the Department of Highways and Public Transportation to match federal highway funds are exhausted, not including `C' funds, and federal highway funds would otherwise be lost, revenues credited to the SHIMS fund established pursuant to Section 12-27-1260 may be used to match federal highway funds. Revenues in the SHIMS Fund not required to match federal highway funds must be used for SHIMS projects that are ineligible to receive federal highway funds." B. Article 1, Chapter 11, Title 57 of the 1976 Code is amended to read: "Article 1 General Provisions Section 57-11-10. As used in this article: (1) `Accident claims' means all claims against the department as provided for by law, except contractual claims; (2) `Gasoline tax' includes taxes for the privilege of selling, consigning, using, shipping, or distributing gasoline or any substitutes or combination of them, usable in internal combustion engines for the generation of power. Section 57-11-20. (A) All state revenues and state monies dedicated by statute to the operation of the department must be deposited into one fund to be known as the `state highway fund' and all federal revenues and federal monies must be deposited into the `federal aid highway fund'. These funds must be held and managed by the State Treasurer separate and distinct from the general fund, except as to monies utilized by the State Treasurer for the payment of principal or interest on state highway bonds as provided by law. (B) Beginning July 1, 1993, the department must process all payment for goods and services, including right-of-way acquisitions through the office of the Comptroller General. (C) Beginning January 1, 1994, the department shall process the payment for all personnel services through the office of the Comptroller General. (D) For all capital improvement and permanent improvement projects beginning on or after July 1, 1994, the department shall enter detailed project numbers on all transactions submitted to the Comptroller General. (E) The Comptroller General may continue to make deductions from the compensation of employees for the payment of premiums for life, hospital, and other types of insurance plans that are in force on the effective date of this act. (F) Beginning July 1, 1993, the department is not considered a lump sum agency. Section 57-11-30. The department may set aside and deposit in its name a revolving fund, and all payments from the fund must be restored to the fund by vouchers drawn on the Comptroller General against the Highways and Public Transportation Fund. Section 57-11-40. Not more than sixty days before the beginning of fiscal year 1992-93 the department shall make an estimate of the revenues to be received by the department during the fiscal year, and after deducting the amounts required by the State Treasurer for the payment of the principal and interest on state highway bonds due or falling due in that year, it shall estimate the amounts required for the payment of the expenses of the department for the fiscal year, including all expenses for administration, operation, collection of revenues, payment of accident claims, and law enforcement. Section 57-11-50. From the remainder of the revenues and receipts of fiscal year 1992-93 as estimated pursuant to Section 57-11-40, there is appropriated a sum sufficient to maintain the highways of the state highway system for the year in a sound and serviceable condition. Surplus of the estimated revenues and receipts for the fiscal year, including available balances brought forward from previous years, is appropriated for the construction, reconstruction, and maintenance of state highways and for the payment of other expenses of the department. Section 57-11-60. The department, until June 30, 1993, may issue duplicate checks, drafts, warrants, or vouchers upon receipt of a competent indemnity bond executed by the payee and guaranteed by a responsible person, and the department also may execute indemnity bonds necessary to secure the issuance of duplicate checks payable to the department, when the originals of have been lost. Section 57-11-70. Beginning with the fiscal year which ends June 30, 1993, the books and accounts of the department must be audited at least once a year by a certified public accountant or firm of certified public accountants, to be designated by the Governor, and a report of the audit must be made annually by October fifteenth to the General Assembly. The costs and expenses of the annual audit must be paid by the department out of its funds. Section 57-11-80. The department shall adopt a budget in accordance with the provisions of Chapters 9 and 11 of Title 11." C. Section 11-35-45(B) of the 1976 Code is amended to read: "(B) All agencies and institutions of the State are required to comply with the provisions of this section. Beginning July 1, 1983, the Department of Mental Health, the Department of Mental Retardation, the Department of Corrections, the Interagency Council on Public Transportation, and the Sea Grants Consortium shall process all payments for goods and services through the office of the Comptroller General. Only the lump sum institutions of higher education are responsible for the payment of all goods or services within thirty work days after the receipt of the goods or services, whichever is received later, and shall pay an amount not to exceed fifteen percent per annum on any unpaid balance which exceeds the thirty work-day-period." D. Section 57-3-450 of the 1976 Code is amended to read: "Section 57-3-450. There is a Director of Finance and Administration of the department who is the fiscal and administrative officer of the department. The Director of Finance and Administration, in addition to his duties as fiscal officer, must record the proceedings of the commission. The Director of Finance and Administration must be appointed by and serve at the pleasure of the executive director of the department. He may receive compensation as established under the provisions of Section 8-11-160 and for which funds have been authorized in the general appropriation act." E. Section 57-3-470 of the 1976 Code is amended to read: "Section 57-3-470. There is a Director of State Highway Engineering. The Director of State Highway Engineering is the administrative head of the engineering division and, as such, directs the highway engineering work of the department and the activities of the engineering division. The Director of State Highway Engineering must be appointed by and serve at the pleasure of the executive director of the department. He may receive compensation as established under the provisions of Section 8-11-160 and for which funds have been authorized in the general appropriation act. A person appointed to the position of Director of State Highway Engineering must be a competent engineer, skilled and experienced in highway planning, design, construction, and maintenance, and must be an engineering graduate of a college or university with an accredited course in engineering. The selection of the Director of State Highway Engineering may be based upon a civil service examination, under rules and regulations to be made and promulgated by the department." F. Section 57-3-760 of the 1976 Code is amended to read: "Section 57-3-760. The department, during each regular session of the General Assembly, shall make a full, printed, detailed report to the General Assembly showing an analysis of: (1) the department's accomplishments in the past year; (2) a ten-year plan detailing future needs of the State in the fields of planning, construction, maintenance, and operation of the state highway system; (3) a five-year plan detailing the regulation of traffic which includes, the administration and enforcement of traffic, driver, and motor vehicle laws and other laws relating to such subjects, the coordination of state and federal programs relating to public transportation among the departments, agencies, and other bodies politic and legally constituted agencies in the State; (4) a listing of all firms, companies, or businesses of any type doing business with the department and the amount of the contracts entered into by the department; and (5) an accounting aggregated by county of the receipts of gasoline taxes and motor vehicle license fees, disbursements of the department, and other data as may be of interest in connection with the work of the department." G. Sections 57-11-30, 57-11-40, 57-11-50, 57-11-60, and 57-11-70, as amended by this section, are repealed on July 1, 1993. H. This section takes effect July 1, 1992. SECTION 42 TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-450 SO AS TO REQUIRE ALL STATE AGENCIES AND INSTITUTIONS TO PARTICIPATE IN THE STATE BUDGET AND CONTROL BOARD SUGGESTION AWARDS PROGRAM. Article 1, Chapter 13, Title 1 of the 1976 Code is amended by adding: "Section 1-11-450. All state agencies and institutions shall participate in the State Budget and Control Board suggestion awards program." SECTION 43 TO AMEND SECTIONS 44-2-20, 44-2-40, AS AMENDED, 44-2-60, AS AMENDED, 44-2-70, AS AMENDED, 44-2-90, AS AMENDED, 44-2-110, AS AMENDED, 44-2-120, AND 44-2-130, AS AMENDED, RELATING TO THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT, SO AS TO REVISE AND ADD CERTAIN DEFINITIONS, ESTABLISH A SECOND FUND ENTITLED THE "SUPERB FINANCIAL RESPONSIBILITY FUND" TO BE USED FOR COMPENSATING THIRD PARTY CLAIMS, TO PROVIDE THAT COSTS WHICH MAY BE REIMBURSED OR PAID FROM THE FIRST FUND ENTITLED THE SUPERB ACCOUNT INCLUDE THOSE THAT ARE USUAL, CUSTOMARY, AND REASONABLE, TO PERMIT PERSONS TO OBTAIN A DETERMINATION OF ELIGIBILITY FROM THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO UTILIZE THE SUPERB ACCOUNT, TO ALLOW INTEREST TO BE PAID FROM THE SUPERB ACCOUNT FOR OVERDUE PAYMENTS FOR REMEDIAL WORK PERFORMED, TO FURTHER PROVIDE FOR THE FEES WHICH ARE AUTHORIZED TO BE IMPOSED AND FOR THE USE AND DISTRIBUTION OF THESE FEES, AND TO EXTEND THE EXPIRATION DATE OF THE GENERAL GRACE PERIOD OF THE EARLY DETECTION INCENTIVE PROGRAM TO JUNE 30, 1993. A. Section 44-2-20 of the 1976 Code is amended to read: "Section 44-2-20. When used in this chapter, the listed terms have the following meanings unless the context clearly requires otherwise: (1) `Department' means the Department of Health and Environmental Control. (2) `Direct Billing' means billing the Superb Account directly for costs associated with site rehabilitation after receiving prior approval from the department and in accordance with criteria established by the department as authorized by this chapter. (3) `Fund' means the funds provided for under this chapter and deposited in the Superb Account or the Superb Financial Responsibility Fund hereinafter created. (4) `Operator' means any person in control of, or having responsibility for the daily operation of an underground storage tank. (5) `Orphan site' means a site where there has been a release from an underground storage tank but responsible party issues have not been resolved, and site rehabilitation has not been undertaken. (6) `Owner' means: (a) in the case of an underground storage tank system in use on November 8, 1984, or brought into use after that date, any person who owns an underground storage tank system used for storage, use, or dispensing of regulated substances; (b) in the case of any underground storage tank system in use before November 8, 1984, but no longer in use on that date, any person who owned such an underground storage tank immediately before the discontinuation of its use; or (c) any person who has assumed legal ownership of the underground storage tank through the provisions of a contract of sale or other legally binding transfer of ownership. (7) `Person' means any individual, partner, corporation organized or united for a business purpose, or a governmental agency. (8) `Petroleum' and `petroleum product' means crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), including any such liquid which consists of a blend of petroleum and alcohol and which is intended for use as a motor fuel. The terms `petroleum' and `petroleum product' do not include: (a) any hazardous substance as defined in Section 101(14) of the Federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA); (b) any substance, other than used oils, regulated as a hazardous waste under Subtitle C of Title II of the Federal Resource Conservation and Recovery Act of 1976 (RCRA); or (c) any mixture of petroleum or a petroleum product containing any such hazardous substance or hazardous waste in greater than de minimis quantities. (9) `Regulated substance' means: (a) any substance defined in Section 101(14) of CERCLA, but not including any substance regulated as a hazardous waste under Subtitle C of RCRA; and (b) petroleum and petroleum products. The term `regulated substance' includes, but is not limited to, petroleum and petroleum-based substances comprised of a complex blend of hydrocarbons derived from crude oil through processes of separation, conversion, upgrading, and finishing, such as motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, and used oils. (10) `Reimbursement' means providing funds from the Superb Account for site rehabilitation costs which have been previously expended at a site. Costs are documented and submitted to the department in accordance with criteria established by the department such that sufficient supporting technical and financial information is provided to the department to justify payment. (11) `Release' means any spilling, leaking, emitting, discharging, escaping, leaching or disposing from an underground storage tank into subsurface soils, groundwater or surface water. (12) `Site rehabilitation' means cleanup actions taken in response to a release from an underground storage tank which includes, but is not limited to, investigation, evaluation, planning, design, engineering, construction, or other services put forth to investigate or clean up affected subsurface soils, groundwater or surface water. (13) `Site rehabilitation contractor' means any person who carries out site rehabilitation actions, including persons retained or hired by these persons to provide services related to site rehabilitation. (14) `Underground Storage tank' means any one or combination of tanks, including underground pipes connected thereto, which is used to contain an accumulation of regulated substance, and the volume of which is ten percent or more beneath the surface of the ground. The term does not include any: (a) farm or residential tank of one thousand one hundred gallons or less capacity used for storing motor fuel for noncommercial purposes; (b) tank used for storing heating oil for consumptive use on the premises where stored; (c) septic tank; (d) pipeline facility, including gathering line, regulated under the Federal Natural Gas Pipeline Safety Act of 1968 or the Federal Hazardous Liquid Pipeline Safety Act of 1979, or any pipeline facility regulated under state laws comparable to the provisions of these federal provisions of law; (e) surface impoundment, pit, pond or lagoon; (f) storm water or wastewater collection system; (g) flow-through process tank; (h) liquid trap or associated gathering lines directly related to oil or gas production and gathering operations; (i) storage tank situated in an underground area, such as a basement, cellar, mineworking, drift, shaft, or tunnel, if the petroleum storage tank is situated upon or above the surface of the floor; (j) hydraulic lift reservoirs, such as for automobile hoists and elevators, containing hydraulic oil; or (k) any pipes connected to any tank which is described in subitems (a) through (j)." B. Section 44-2-40 of the 1976 Code, as last amended by Act 171 of 1991, Part II, Section 18A, is further amended to read: "Section 44-2-40. (A)There is created within the state treasury two separate and distinct accounts to be called the `Superb Account' and the `Superb Financial Responsibility Fund'. The Superb Account must be administered by the Department of Health and Environmental Control. The Superb Financial Responsibility Fund must be administered by the Budget and Control Board. Both accounts must be expended for the purposes of this chapter. (B) The Superb Account is established to ensure the availability of funds for the rehabilitation of sites contaminated with petroleum or petroleum products released from an underground storage tank and for administration of the underground storage tank regulatory program established in this chapter. The department shall use the fund to pay the usual, customary, and reasonable costs of site rehabilitation in excess of twenty-five thousand dollars and up to a maximum of one million dollars per occurrence for site rehabilitation as a result of release or discharge from an underground storage tank containing petroleum or petroleum products. The department shall use the fund to pay these costs of site rehabilitation by owners or operators who qualify for direct billing or reimbursement. The department may use the fund to clean up any site which does not qualify for direct billing or reimbursement or any site which does qualify but the owner or operator is unwilling or unable to undertake site rehabilitation, and the department shall diligently pursue the recovery of any sum so incurred from the owner or operator responsible or from the United States government under any applicable federal law, unless the department finds the amount involved too small or the likelihood of success too uncertain. The fund must be further used for the payment of costs incurred by the department in providing field and laboratory services and other assistance by the department in the investigation of alleged contamination. This fund must not be used for the cleanup of any other pollutant. Funds in the Superb Account also may not be used to pay any liability claims against the owners or operators of underground storage tanks. (C) The Superb Account must be used by the department for carrying out the purposes of this chapter. The fund must be credited with all fees, charges, and judgments allowable under this chapter. Charges against the Superb Account may be made only in accordance with the provisions of this chapter. On July 1, 1992, the department shall transfer from the Superb Account into the Superb Financial Responsibility Fund that amount in the Superb Account exceeding fifteen million dollars but in no event shall the amount transferred exceed three million five hundred thousand dollars. For the period July 1, 1992, until June 30, 1993, at any time the balance of the Superb Account exceeds fifteen million dollars, the one-half cent a gallon environmental impact fee imposed in Section 44-2-60(B) must be credited to the general fund of the State until that time the balance of the Superb Account becomes less than five million dollars. Beginning July 1, 1993, at any time the balance of the Superb Account exceeds fifteen million dollars, the department shall transfer the funds generated by the one-half cent a gallon environmental impact fee imposed in Section 44-2-60(B) into the Superb Financial Responsibility Fund until that time the balance of the Superb Account becomes less than five million dollars. Beginning July 1, 1993, if the combined balance of the Superb Account and the Superb Financial Responsibility Fund reaches the sum of eighteen and one-half million dollars, the department shall transfer the funds generated by the one-half cent a gallon environmental impact fee imposed in Section 44-2-60(B) to the State Treasurer for deposit in the General Fund. The one hundred dollar registration fee may be used by the Department for the administration of the underground petroleum storage tank regulatory program established by this chapter. The amount used for administration of the program may not exceed three million dollars a year. (D) The Superb Financial Responsibility Fund must be used for compensating third parties for bodily injury and property damages caused by accidental releases arising from the operation of underground storage tanks containing petroleum or petroleum products. The fund shall provide compensation in excess of twenty-five thousand dollars and up to a maximum of one million dollars per occurrence, exclusive of legal defense costs. The Budget and Control Board shall make payment to any third party who has brought in the appropriate court a legal action against the owner of a regulated underground storage tank and who has been awarded a final judgment in the action that is valid and enforceable in this State." C. Section 44-2-60 of the 1976 Code, as last amended by Act 473 of 1990, is further amended to read: "Section 44-2-60. (A)The owner or operator of an underground storage tank which stores or is intended to store petroleum or petroleum products shall register the tank with the department. The owner or operator of the tank shall display a registration certificate listing all registered tanks at a facility and in plain view in the office or the kiosk of the facility where the tanks are registered. Upon application for a registration certificate, the owner or operator shall pay to the department an initial registration fee of one hundred dollars a tank and an annual renewal fee of one hundred dollars a tank a year. The funds generated by the registration fee may be used by the department for administration of the provisions of this chapter and for administration of the underground storage tank regulatory program established by this chapter. The amount used for administration may not exceed three million dollars a year. (B) In addition to the inspection fee of one-fourth cent a gallon imposed pursuant to Section 39-41-120, an environmental impact fee of one-half cent a gallon is imposed which must be used by the department for the purposes of carrying out the provisions of this chapter. This one-half cent a gallon environmental impact fee must be paid and collected in the same manner that the one-fourth cent a gallon inspection fee is paid and collected except that the monies generated from these environmental impact fees must be transmitted by the Department of Agriculture to the Department of Health and Environmental Control which shall deposit the fees as provided for in Section 44-2-40." D. Section 44-2-70 of the 1976 Code, as last amended by Act 473 of 1990, is further amended to read: "Section 44-2-70. (A)No later than January 1, 1990, or after the federal government mandates financial responsibility for underground storage tank owners or operators, whichever date is later, the owner or operator of an underground storage tank containing petroleum or petroleum products shall maintain financial responsibility in the lesser amount of that required by the federal government or in the amount of twenty-five thousand dollars for corrective action or cleanup of releases, twenty-five thousand dollars for third party property damage, and twenty-five thousand dollars for third party bodily injury per occurrence with an annual aggregate of twenty-five thousand dollars. Financial responsibility requirements may be maintained through insurance, guarantee, surety bond, letter of credit, self insurance, risk retention group, or any other method satisfactory to the department. No insurance policy, guarantee, surety bond, or any other financial responsibility mechanism which is executed to provide this or additional amounts of coverage shall contain any terms, endorsements, conditions, provisions, or other language that requires expenditures of funds from the Superb Account or the Superb Financial Responsibility Fund prior to or in lieu of payment by the mechanism, and no such financial responsibility mechanism which has previously been executed shall operate so as to require the expenditure of funds from the Superb Account or Superb Financial Responsibility Fund until funds provided by the financial responsibility mechanisms have been exhausted. The owner or operator shall demonstrate evidence of financial responsibility to the department. (B) The department shall promulgate regulations specifying requirements for maintaining evidence of financial responsibility, consistent with the provisions of this chapter, for taking corrective action and compensating third parties for bodily injury and property damage caused by sudden and accidental releases arising from operating an underground storage tank. The funds established in Section 44-2-40, for the purposes of these regulations, are acceptable mechanisms for maintaining this financial responsibility by owners and operators of underground storage tanks. (C) The funds established in Section 44-2-40, combined with the financial responsibility required by this chapter, may be used by owners and operators of underground storage tanks to demonstrate their compliance with any financial responsibility requirements promulgated under federal regulations." E. Section 44-2-90 of the 1976 Code, as last amended by Act 171 of 1991, Part II, Section 18B, is further amended to read: "Section 44-2-90. (A)Any interest accruing on the Superb Account and the Superb Financial Responsibility Fund must be credited to each respective account. (B) The environmental impact fee established in Section 44-2-60(B) is abolished on December 31, 1998, provided that the environmental impact fees due for the month of December, 1998, must be paid by the end of January, 1999. Funds remaining in the Superb Account after this date, so long as available, must be used to pay the costs of site rehabilitation by owners or operators which were incurred before December 31, 1998, and to pay for site rehabilitation at orphan sites." F. Section 44-2-110 of the 1976 Code, as last amended by Act 171 of 1991, Part II, Section 18C, is further amended to read: "Section 44-2-110. To encourage early detection, reporting, and cleanup of releases from leaking underground petroleum storage tanks, the department, within the guidelines established in this section, shall conduct an early detection incentive program which provides for a general grace period beginning on January 1, 1988, and ending on June 30, 1993. Pursuant thereto, the department shall establish reasonable requirements for the written reporting of petroleum releases and distribute the forms to all persons registering tanks under this chapter and to all other interested parties upon request to be used for the purpose of reporting petroleum releases. Until the forms are available for distribution, the department shall take reports of these releases however made but shall notify any person making a report that a written report of the release will be required by the department at a later time, the form for which will be provided by the department. All sites involving releases from underground storage tanks reported to the department any time from midnight on December 31, 1987, to midnight on June 30, 1993, regardless of whether the release occurred before or after January 1, 1988, are qualified sites for the expenditure of funds from the Superb Account, provided that a written report is filed with respect thereto. Any funds so expended must be absorbed at the expense of the Superb Account, as available, without recourse to reimbursement or recovery, subject to the following exceptions: (1) The provisions of this section do not apply to any site where the department has initiated an administrative or civil enforcement action prior to December 31, 1987. (2) The provisions of this section do not apply to any site where the department has been denied site access to implement the provisions of this chapter. (3) The provisions of this section must not be construed to authorize or require direct billing to or reimbursement from the Superb Account for any costs expended at a site which was either reported to the department or where rehabilitation commenced before December 31, 1987. (4) The provisions of this section must not be construed to authorize or require direct billing to or reimbursement from the Superb Account for costs incurred at any site reported to the department between January 1, 1990, and July 1, 1991, unless the costs are in excess of the minimum financial responsibility required of the owner under the applicable provision of Section 44-2-70(A) which was in effect at the time the site was reported." G. Section 44-2-120 of the 1976 Code is amended to read: "Section 44-2-120. Nothing in this chapter may be construed to prohibit an owner or operator of an underground storage tank from conducting site rehabilitation or cleanup through contractors, subcontractors, or qualified personnel employed by them. However, the department may prohibit from participating in site rehabilitation under this chapter any contractor or subcontractor who: (a) is not a South Carolina registered professional geologist or engineer, or is not bonded or insured for the full costs of site rehabilitation; (b) has had administrative or civil enforcement action under the provisions of this chapter taken against him within the last three years; (c) has demonstrated repeated noncompliance with criteria for direct billing or reimbursement established by the department under Section 44-2-50(B); or (d) has demonstrated repeated inability to perform site rehabilitation in accordance with accepted industry standards." H. Section 44-2-130 of the 1976 Code, as last amended by Act 171 of 1991, Part II, Section 18D, is further amended to read: "Section 44-2-130. (A) An owner or operator of an underground storage tank or his agent who conducts rehabilitation for a site reported prior to or during the grace period of the early detection incentive program is entitled to directly bill or be reimbursed from the Superb Account for all usual, customary, and reasonable costs incurred, except as otherwise provided in Section 44-2-110, in connection with site rehabilitation. For sites reported subsequent to the grace period and so long as funds are available in the Superb Account, an owner or operator or his agent is eligible to directly bill or be reimbursed for usual, customary, and reasonable costs incurred for site rehabilitation in excess of twenty-five thousand dollars or in excess of the amount recoverable from the financial responsibility mechanism provided for this purpose, whichever is less. If a liability insurance policy or any other financial responsibility mechanism which provides coverage for sudden or nonsudden release of petroleum or petroleum products from an underground storage tank has been executed for a site at which direct billing or reimbursement from the Superb Account is sought, no funds may be expended from the Superb Account until the funds provided by the financial responsibility mechanism have been exhausted. (B) Notwithstanding subsection (A), no owner or operator or his agent is entitled to directly bill or be reimbursed from the Superb Account more than one million dollars for costs incurred for site rehabilitation at any one site. (C)(1) No owner or operator or his agent is entitled to direct billing or reimbursement from the Superb Account for site rehabilitation unless rehabilitation is conducted in accordance with criteria established by the department. (2) No owner or operator or his agent is entitled to direct billing or reimbursement from the Superb Account for the costs of repair or replacement of any tank or equipment. (D)(1) The provisions of this section do not apply to any site where the underground storage tanks have not been registered in compliance with provisions of applicable law or regulations. (2) The provisions of this section do not apply to any site where the owner or operator has not paid the registration fee required by Section 44-2-60(A). (E) Direct billing to or reimbursement from the Superb Account by an owner or operator or his agent conducting site rehabilitation through his own personnel or through contractors or subcontractors is not considered a state contract for purposes of procurement or subject to state bid requirements. (F)(1) Any owner or operator of an underground storage tank or his agent seeking to qualify for direct billing to or reimbursement from the Superb Account for site rehabilitation shall submit a written application to the department. The written application must be on a form specified by the department and include certification that site rehabilitation is necessary, the tanks at the site have been registered in compliance with applicable law and regulations, and all registration fees have been paid. The department shall accept certification that the site is in need of rehabilitation if the certification is provided jointly by the owner or operator and a South Carolina registered professional geologist or engineer, and if the certification is supported with geotechnical data which reasonably justifies the claim. Upon final determination the department shall provide written notice to the applicant of its findings including detailed reasons for any denial. Unless the department provides, within ninety days of receipt of a complete application, written approval or denial of the application it must be considered denied. Any denial of an application must be appealable to the Board of Health and Environmental Control. The department is exempt from this time frame for applications which are received within three months of the close of the grace period allowed in Section 44-2-110. (2) The owner or operator responsible for conducting the site rehabilitation or his agents shall keep and preserve suitable records of hydrological and other site assessments, site plans, contracts, accounts, invoices, or other transactions related to the cleanup and rehabilitation and the records must be accessible to the department during regular business hours. (G)(1) Any owner or operator of an underground storage tank or his agent seeking direct billing to the Superb Account must submit to the department a written request consisting of a plan for site rehabilitation and an associated cost proposal in accordance with criteria for direct billing established by the department. The department shall make payments as expeditiously as possible for invoices submitted pursuant to the direct billing criteria; however, payment for any properly justified invoice after ninety days of receipt shall include interest compounded daily for the amount of approved costs at the same legal interest rate provided by Section 34-31-20(A). (2) Any owner or operator of an underground storage tank or his agent seeking reimbursement from the Superb Account shall submit a written request consisting of a detailed technical report of all assessment and remediation activities undertaken at the site and proper documentation of costs incurred in accordance with criteria for reimbursement established by the department. The department shall make payments as expeditiously as possible for invoices submitted pursuant to the reimbursement criteria. However, payment for any properly justified invoice after one hundred eighty days of receipt shall include interest compounded in the same manner described in subsection (G)(1) above for complete applications received by the department after January 1, 1993. (H) The provisions of this section do not apply to rehabilitation of any site owned or operated by the federal government." I. This section takes effect July 1, 1992. SECTION 44 TO AMEND SECTIONS 50-21-160 AND 50-23-220 OF THE 1976 CODE, RELATING TO THE DISPOSITION OF FEES AND FINES FOR WATERCRAFT VIOLATIONS AND WATERCRAFT AND OUTBOARD MOTOR TITLE FEES, SO AS TO PERMIT THE FEES ALLOWED TO BE RETAINED BY THE SOUTH CAROLINA WILDLIFE AND MARINE RESOURCES DEPARTMENT TO BE USED FOR ALL DEPARTMENTAL PURPOSES. A. Section 50-21-160 of the 1976 Code is amended to read: "Section 50-21-160. All fees or fines collected pursuant to this chapter must be held and utilized for the purpose of paying the expenses of the division and other department operations. Twenty-five percent of all fines must be retained by the county in which the fine is levied." B. Section 50-23-220 of the 1976 Code is amended to read: "Section 50-23-220. All fees received and money collected under the provisions of this chapter must be deposited in the State Treasury and set apart in a special fund. Appropriations from this fund must be used for the expenses of the division in administering the provisions of this chapter or for any purpose related to the mission of the department." C. This section takes effect July 1, 1992. SECTION 45 TO AMEND SECTION 8-11-135 OF THE 1976 CODE, RELATING TO AUTHORITY OF A STATE AGENCY TO PAY CERTAIN EMPLOYEE MOVING EXPENSES, SO AS TO DELETE THE REQUIREMENT THAT THE PAYMENT AMOUNT MUST BE APPROVED BY THE STATE BUDGET AND CONTROL BOARD AND TO REQUIRE THE STATE AUDITOR IN THE REGULAR AGENCY AUDIT TO DETERMINE COMPLIANCE WITH THE APPLICABLE REQUIREMENTS FOR SUCH PAYMENTS. A. Section 8-11-135 of the 1976 Code is amended by deleting item (e) which reads: "(e) The amount certified by the agency is approved by the Budget and Control Board." B. Section 8-11-135 of the 1976 Code is amended by adding at the end: "The State Auditor, in the regular agency audit, shall determine the agency's compliance with the requirements of this section for payments for moving expenses." C. This section takes effect July 1, 1992. SECTION 46 Deleted SECTION 47 Deleted SECTION 48 TO AMEND THE 1976 CODE BY ADDING SECTION 57-5-1140 SO AS TO PROVIDE FOR INSTALLATION OF RESIDENTIAL RIGHTS-OF-WAY ENTRANCES AND APRONS TO STATE HIGHWAYS BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION. A. The 1976 Code is amended by adding: "Section 57-5-1140. The department shall construct at its expense with its maintenance forces the portion within the right-of-way of entrances and aprons to state highways at any point necessary to render adequate ingress and egress to the abutting property at locations where the driveways will not constitute hazardous conditions. The driveways must be of access to existing developed property or property that is being developed for the personal use of the owner and not for speculative or resale purposes. An entrance ten feet wide (paved portion) measured at right angles to the centerline of the driveway is the maximum width for one-way traffic. An entrance sixteen feet wide (paved portion) is the maximum width for two-way traffic. If pipe culvert is necessary for drainage, the department shall install the amount necessary for twelve inch, fifteen inch, eighteen inch, twenty-four inch, or thirty inch pipe. Should the driveway installation require pipe larger than thirty inches, the department may install the pipe and charge the homeowner for the difference in cost between thirty inch pipe and larger diameter pipe required. Driveways requiring drainage structures other than pipe must be brought to the attention of the State Maintenance Engineer. The entrances to be constructed as outlined in this section shall include base and surfacing as necessary to provide an all weather driveway entrance. If wider entrances or additional entrances are requested and approved, the construction may be performed by the department at the owner's expense." B. This section takes effect July 1, 1992. SECTION 49 Deleted SECTION 50 Deleted SECTION 51 Deleted SECTION 52 TO AMEND SECTION 12-7-1235 OF THE 1976 CODE, RELATING TO THE STATE INCOME TAX CREDIT FOR PAYMENTS BY THE TAXPAYER TO INSTITUTIONS PROVIDING SKILLED OR INTERMEDIATE CARE, SO AS TO CHANGE THE REFERENCE TO SKILLED OR INTERMEDIATE CARE TO NURSING FACILITY LEVEL OF CARE AND TO EXTEND THE CREDIT TO PAYMENTS FOR IN-HOME OR COMMUNITY CARE FOR PERSONS DETERMINED TO MEET NURSING FACILITY LEVEL OF CARE CRITERIA AS CERTIFIED BY A LICENSED PHYSICIAN. A. Section 12-7-1235 of the 1976 Code is amended to read: "Section 12-7-1235. For South Carolina income tax purposes, an individual taxpayer is allowed a credit against the tax due of twenty percent, not to exceed three hundred dollars, of the expenses paid by the taxpayer for his own support or the support of another to an institution providing nursing facility level of care or paid to a provider for in-home or community care for persons determined to meet nursing facility level of care criteria as certified by a licensed physician. No credit is allowed for expenses paid from public source funds. This credit is nonrefundable." B. This section is effective for taxable years beginning after 1991. SECTION 53 TO AMEND SECTION 44-7-84, AS AMENDED, OF THE 1976 CODE, RELATING TO MEDICAID NURSING HOME BEDS, SO AS TO DELETE THE MEDICAID NURSING HOME BED FEE. A. Section 44-7-84 of the 1976 Code, as last amended by Act 171 of 1991, is further amended by deleting subsection (D) which reads: "(D)(1) The department shall assess each nursing home an annual administrative fee of five dollars for each patient day used for the issuance and administration of the Medicaid days permit program. The funds generated from this fee must be remitted to the State Treasurer and credited to the general fund of the State. (2) Within ninety days from the collection, but not later than January first of each year, the department shall submit a report to the House of Representatives Ways and Means Committee and to the Senate Finance Committee detailing the fees collected by the facility. The General Assembly annually shall review the assessment and collection of the fee." B. This section takes effect October 1, 1992. SECTION 54 Deleted SECTION 55 Deleted SECTION 56 TO PROVIDE THAT FOR FISCAL YEARS 1987-88, 1988-89, 1989-90, AND 1990-91, TEN FIFTY-FIFTHS OF DOCUMENTARY STAMP TAX REVENUES COLLECTED BY THE SOUTH CAROLINA TAX COMMISSION MUST BE PAID TO THE HERITAGE LAND TRUST FUND. Notwithstanding the provisions of Section 12-21-380, for fiscal year 1987-88, fiscal year 1988-89, fiscal year 1989-90, and fiscal year 1990-91, 10/55 of the amount collected by the commission pursuant to that section must be paid to the Heritage Land Trust Fund. SECTION 57 Deleted SECTION 58 TO AMEND THE 1976 CODE BY ADDING SECTION 11-9-140 SO AS TO AUTHORIZE A STATE AGENCY TO CONTRACT BY THE COMPETITIVE BIDDING PROCESS, FOR THE SALE OF ADVERTISING SPACE, TO PROVIDE FOR THE DISTRIBUTION OF THE ADVERTISING REVENUE, TO PROVIDE THE REQUIREMENTS WHICH THE ADVERTISING AND THE SALE OF THE ADVERTISING MUST MEET TO PROVIDE A PROCEDURE FOR WRITTEN OBJECTION TO ADVERTISING PLACED PURSUANT TO THE PROVISIONS OF THIS SECTION. Article 1, Chapter 9 of Title 11 is amended by adding: "Section 11-9-140. (A) A state agency may contract to sell commercial advertising space in locations such as its publications, buildings, facilities, and on its vehicles, in exchange for cash payment. All money received pursuant to a contract entered into under this section must be deposited to the credit of the advertising contract fund, which is hereby created in the state treasury. Of the money credited to the fund, the state agency that contracted to sell the advertising space must be given forty percent of the revenues generated from the selling of space and reimbursed for expenses incurred. The money not given to the agency or instrumentality must be transferred to the general revenue fund. (B) An advertisement displayed in advertising space sold under this section must meet the following restrictions: (1) it must not promote or oppose any political candidate, issue, or organization; (2) it must not be libelous and must not promote alcohol or tobacco or any illegal product or service; (3) it must be tasteful and inoffensive; (4) it must not promote discrimination on the basis of the race, color, religion, national origin, handicap, age, sex, or ancestry of any person; (5) it must comply with any controlling federal or state regulations or restrictions, and any applicable local zoning or outdoor graphics regulations; (6) it must clearly indicate the advertiser's identity and state that the advertiser is not the State or any state agency or instrumentality; (7) it must clearly indicate that the State does not endorse the product or service promoted by the advertisement and makes no representations about the accuracy of the advertisement or the quality or performance of the product or service promoted by the advertisement. (C) Contracts entered into under this section must be awarded only by competitive bidding and to the highest bidder. Such a contract may be entered into only if there is a reasonable anticipation that the contract will produce a profit for the State or the contracting state agency or instrumentality. No state agency shall publish any document, construct any building or facility, or purchase any vehicle for the purpose of displaying advertisements if the publication, construction, or purchase is unnecessary to the ordinary conduct of its official duties. No state agency or instrumentality shall erect any freestanding outdoor billboard or sign pursuant to this section, except that the Department of Transportation may erect at each roadside rest area under its control not more than three freestanding outdoor signs, each having a surface area for advertising space not exceeding forty square feet. (D) No state agency shall artificially inflate expenses in connection with any contract entered into under this section. (E) No person has a cause of action against the State or any state agency because of the content of or any representation made in an advertisement authorized by a contract entered into under this section. (F) Upon the filing of a written objection by any individual that an advertisement placed pursuant to this section violates the restrictions on advertisements set forth, the board of the respective agency shall make a determination regarding the alleged violation. If the board determines that the advertisement violates the restrictions, it shall notify the state agency that sold the advertising space of the violation. The agency or instrumentality shall then take appropriate steps to promptly correct the violation. (G) Not later than the thirty-first day of January of each year, the board of each agency selling advertising space shall submit a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives describing the opportunities for and results of sales of commercial advertising space by state agencies. (H) The institutions of higher education and the South Carolina Department of Parks, Recreation and Tourism are exempt from the provisions of this section." SECTION 59 TO AMEND THE 1976 CODE BY ADDING SECTION 12-21-3610 SO AS TO EXTEND THE SALES TAX TO THE GROSS PROCEEDS OF BINGO GAMES EXCEPT FOR BINGO GAMES HELD UNDER A CLASS E LICENSE. A. Article 12, Chapter 21, Title 12 of the 1976 Code is amended by adding: "Section 12-21-3610. The sales and use tax imposed pursuant to Chapter 36 of Title 12 applies on gross proceeds from the game of bingo as provided in this chapter, but this section does not apply to bingo games held under a CLASS E license." B. This section takes effect July 1, 1992. SECTION 60 TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-725 SO AS TO PROVIDE THAT ANY PERSON CONVICTED OF, PLEADING GUILTY OR NOLO CONTENDERE TO, OR POSTING BOND FOR A TRAFFIC VIOLATION FOR WHICH POINTS ARE ASSESSED PURSUANT TO SECTION 56-1-720 MUST PAY AN ADDITIONAL ASSESSMENT OF FIVE DOLLARS, NO PORTION OF WHICH MAY BE SUSPENDED. A. Chapter 1 of Title 56 is amended by adding: "Section 56-1-725. A person convicted of, pleading guilty or nolo contendere to, or posting bond for a traffic violation for which points are assessed pursuant to Section 56-1-720 must pay an additional assessment of five dollars, no portion of which may be suspended. This assessment is not considered part of any fine imposed for the offense. The proceeds of the assessment herein provided must be deposited to the credit of the general fund of the State." B. This section takes effect July 1, 1992. SECTION 61 Deleted SECTION 62 TO AMEND THE 1976 CODE, BY ADDING SECTION 12-7-2419 SO AS TO PROVIDE A DESIGNATION ON INCOME TAX FORMS TO CONTRIBUTE TO AN ELDERCARE TRUST FUND; AND TO ADD SECTIONS 43-21-160, 43-21-170, AND 43-21-180 SO AS TO PROVIDE FOR THE CREATION AND ADMINISTRATION OF THE ELDERCARE TRUST FUND OF SOUTH CAROLINA. A. The 1976 Code is amended by adding: "Section 12-7-2419. (A) Each taxpayer required to file a state income tax return who desires to contribute to the Eldercare Trust Fund of South Carolina as created by Section 43-21-160 may designate the contribution on the appropriate state income tax form. The contribution may not decrease the income tax liability of any taxpayer and may be made by reducing the income tax refund of any taxpayer by the amount designated or by accepting additional payment from the taxpayer by the amount designated, whichever is appropriate. (B) All South Carolina income tax return forms must contain a designation for a contribution to the Eldercare Trust Fund of South Carolina. The instructions accompanying income tax forms must contain a description of the purpose for which the Eldercare Trust Fund was established and the use of monies from the income tax contribution. Contributions of other amounts may be made directly to the Eldercare Trust Fund. (C) Taxpayers who are entitled to refunds shall have the refunds reduced by the amount designated by the taxpayer. The commission shall determine annually the total amount so designated, plus the amount received in excess payments and shall report the total amount to the South Carolina Commission on Aging. The commission shall transfer the total amount to the Eldercare Trust Fund at the earliest possible time. (D) The incremental cost of administration of the contribution must be paid by the trust fund from amounts received pursuant to this section." B. The 1976 Code is amended by adding: "Section 43-21-160. (A) There is created the Eldercare Trust Fund of South Carolina to be administered by the South Carolina Commission on Aging. (B) All monies received from the voluntary contribution system established in Section 12-7-2419 or any other contribution, gift, or bequest must be placed on deposit with the State Treasurer in an interest-bearing account. (C) These funds must be used to award grants to public and private nonprofit agencies and organizations to establish and administer innovative programs and services that assist older persons to remain in their homes and communities with maximum independence and dignity. (D) The Eldercare Trust Fund shall supplement and augment programs and services provided by or through state agencies but may not take the place of these programs and services. (E) The South Carolina Commission on Aging shall carry out all activities necessary to administer the fund. Section 43-21-170. In administering the Eldercare Trust Fund, the commission may, but is not limited to: (1) assess the critical needs of the frail elderly and establish priorities for meeting these needs; (2) receive gifts, bequests, and devises for deposit and investment into the trust fund for awarding grants to public and private nonprofit organizations; (3) solicit proposals for programs that are aimed at meeting identified service needs; (4) provide technical assistance to public and private nonprofit organizations, when requested, in preparing proposals for submission; (5) establish criteria for awarding grants; and (6) enter into contracts for the awarding of grants to public and private nonprofit organizations. Section 43-21-180. (A) Until the assets of the trust fund exceed five million dollars, not more than seventy-five percent of the amount deposited in the trust fund each year from contributions plus all earnings from the investment of monies of the trust fund credited during the previous fiscal year, after allowances for operating expenses, is available for disbursement upon authorization of the commission. (B) When the assets in the trust fund exceed five million dollars, all credited earnings plus all future annual deposits to the trust fund from contributions are available for disbursement upon authorization of the commission." C. This section takes effect July 1, 1992. SECTION 63 Deleted SECTION 64 TO AMEND THE 1976 CODE BY ADDING SECTION 12-9-40, SO AS TO REQUIRE INCOME TAX WITHHOLDING ON DISTRIBUTIONS TO NONRESIDENT SHAREHOLDERS OF `S' CORPORATIONS AND NONRESIDENT PARTNERS, TO PROVIDE THE RATE AND PROCEDURES FOR THE WITHHOLDING, AND TO PROVIDE EXCEPTIONS. Article 1, Chapter 9, Title 12 of the 1976 Code is amended by adding: "Section 12-9-40. (A)Corporations having a valid `S' election for South Carolina income tax purposes are required to withhold income taxes at a rate of five percent on a nonresident shareholder's share of South Carolina taxable income of the corporation, whether distributed or undistributed, and pay the withheld amount to the commission in the manner prescribed by the commission. For a taxable year beginning after 1991 the corporation shall make a return and pay over the withheld funds on or before the fifteenth day of the third month following the close of its tax year. Taxes withheld in the name of the nonresident shareholder must be used as credit against taxes due at the time the nonresident files income taxes for the taxable year. (B) An `S' corporation required to withhold taxes on distributed or undistributed income shall make a return with each payment of tax to the commission disclosing on the return the names, taxpayer identification numbers, the total amount of South Carolina taxable income paid or credited to each nonresident shareholder, the tax withheld for each nonresident shareholder, and any other information the commission requires. The `S' corporation shall furnish to each nonresident shareholder a written statement as required by Section 12-9-610 as proof of the amount of his share of distributed or undistributed income that has been withheld. (C) Partnerships are required to withhold income taxes at a rate of five percent on a nonresident partner's share of South Carolina taxable income of the partnership, whether distributed or undistributed, and pay the withheld amount to the commission in the manner prescribed by the commission. For a taxable year beginning after 1991 the partnership shall make a return and pay over the withheld funds on or before the fifteenth day of the fourth month following the close of its tax year. Taxes withheld in the name of the nonresident partner must be used as credit against taxes due at the time the nonresident files income taxes for the taxable year. (D) A partnership required to withhold taxes on distributed or undistributed income shall make a return with each payment of tax to the commission disclosing on the return the names, taxpayer identification numbers, the total amount of South Carolina taxable income paid or credited to each nonresident partner, the tax withheld for each nonresident partner, and any other information the commission requires. The partnership shall furnish to each nonresident shareholder a written statement as required by Section 12-9-610 as proof of the amount of his share of distributed or undistributed income that has been withheld. (E)(1) For purposes of computing the penalty under Section 12-54-55, the amount withheld is deemed a payment of estimated tax, and an equal part of the amount is deemed paid on each estimated tax due date for the previous taxable year. (2) If an `S' corporation or partnership is subject to withholding on the sale of real property pursuant to Article 6 of this chapter, the `S' corporation or partnership is exempt from withholding on income attributable to the sale under this section. (3) If a nonresident shareholder or partner files an affidavit with the commission in a form acceptable to the commission by which he agrees that he is subject to the personal jurisdiction of the commission and the courts of this State for the purpose of determining and collecting any South Carolina taxes, including estimated taxes, together with any related interest and penalties, then the `S' corporation or partnership is not required to withhold with regard to that shareholder or partner. The commission may revoke an exemption granted by this item at any time it determines that the nonresident shareholder or partner is not abiding by its terms. (F) The commission is authorized to require such returns and other information as it considers appropriate to administer the provisions of this section, and to issue rulings and promulgate regulations as necessary or appropriate to implement this section." SECTION 65 TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-465, SO AS TO PROHIBIT THE USE OF FUNDS FROM THE INSURANCE RESERVE FUND OR OTHER RESERVE FUNDS TO PAY LEGAL FEES AND ASSOCIATED COSTS TO DEFEND STATE OR LOCAL OFFICERS FROM A 1983 ACTION ARISING OUT OF REDISTRICTING. Chapter 11, Title 1 of the 1976 Code is amended by adding: "Section 1-11-465. Notwithstanding any other provision of law, no funds may be expended from the Insurance Reserve Fund or any other reserve fund to pay for legal fees or associated costs to defend any officer of the State, its agencies, or political subdivisions against any legal action under United States Code Section 1983 relating to redistricting of any governmental entity." SECTION 66 Deleted SECTION 67 Deleted SECTION 68 Deleted SECTION 69 TO AMEND CHAPTER 31, TITLE 56 OF THE 1976 CODE, RELATING TO THE RENTAL OF PRIVATE PASSENGER MOTOR VEHICLES, BY ADDING SECTION 56-31-50 SO AS TO PROVIDE THAT RENTAL COMPANIES ENGAGED IN THE BUSINESS OF RENTING PRIVATE PASSENGER MOTOR VEHICLES FOR PERIODS OF THIRTY-ONE DAYS OR LESS SHALL COLLECT CERTAIN SURCHARGES ON ALL RENTAL CONTRACTS, PROVIDE FOR THE USE OF THE REVENUE GENERATED BY THESE SURCHARGES, PROVIDE FOR A MISDEMEANOR OFFENSE AND PENALTIES, AND PROVIDE FOR THE PROMULGATION OF REGULATIONS BY THE TAX COMMISSION. A. The 1976 Code is amended by adding: "Section 56-31-50. (A)Rental companies engaged in the business of renting private passenger motor vehicles for periods of thirty-one days or less shall collect, at the time the vehicle is rented in South Carolina, a five percent surcharge in each rental contract. For purposes of this section, a vehicle is rented in South Carolina if it is picked up by the renter in South Carolina. The surcharge must be computed on the total amount stated in the rental agreement, except that taxes imposed by Chapter 36 of Title 12 must not be used in computing the surcharge, and the surcharge is not subject to the taxes imposed by Chapter 36 of Title 12. (B) The surcharge must be noted in the rental contract and collected in accordance with the terms of the contract. The surcharges must be retained by the vehicle owner or the rental company engaged in the business of renting private passenger motor vehicles. Surcharges collected pursuant to this section may be used only by the vehicle owner or the rental company for reimbursement of the amount of personal property taxes imposed and paid upon these vehicles by the vehicle owner or rental company as provided by law. (C) On February fifteenth of each year all rental companies engaged in the business of renting private passenger motor vehicles which collect surcharges pursuant to this section shall file a report with the South Carolina Tax Commission stating the total amount of South Carolina personal property taxes on private passenger motor vehicles paid in the previous calendar year, the total amount of private passenger motor vehicle rental revenues earned on rentals in South Carolina for the previous calendar year, and the amount by which the total amount of the surcharges for the previous year exceeds the total amount of personal property taxes on private passenger motor vehicles paid for the previous calendar year. All surcharge revenues collected in excess of the total amount of personal property taxes on private passenger motor vehicles must be remitted to the Tax Commission for deposit in the state general fund. (D) Any rental company which makes a false report to the Tax Commission with the intent to misrepresent the amount of personal property taxes on private passenger motor vehicles paid or the amount of surcharges collected is guilty of a misdemeanor and, upon conviction, must be punished by a fine not exceeding one thousand dollars or by a term of imprisonment not exceeding one year or both. Each violation constitutes a separate offense. (E) The South Carolina Tax Commission shall promulgate those regulations necessary to implement the provisions of this section and shall provide the necessary forms to meet the filing requirements of this section." B. Subsection A of this section takes effect July 1, 1992, except that the surcharges to be imposed beginning on July 1, 1992, as provided in Section 56-31-50 of the 1976 Code, as added pursuant to subsection A of this section, shall first be used on February 15, 1994, to reimburse those property taxes paid during the year 1993. All of the surcharges collected for the period July 1, 1992, to December 31, 1992, shall accrue to the general fund of the State. SECTION 70 TO AMEND SECTION 13-7-30 OF THE 1976 CODE, RELATING TO THE POWERS AND DUTIES OF THE STATE BUDGET AND CONTROL BOARD IN REGARD TO RADIOACTIVE WASTE, SO AS TO PROVIDE THAT NO MORE THAN TWO MILLION, FIVE HUNDRED THOUSAND DOLLARS A FISCAL YEAR MAY BE PAID TO THE GOVERNING BODY OF BARNWELL COUNTY FROM THE SURCHARGES AND PENALTY SURCHARGES COLLECTED AT THE BARNWELL FACILITY AND TO FURTHER PROVIDE FOR THE USE OF THE REMAINING FUNDS GENERATED FROM THE COLLECTION OF THESE SURCHARGES AND PENALTY SURCHARGES; TO AMEND SECTION 48-47-30, RELATING TO THE DEFINITIONS IN REGARD TO THE SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT, SO AS TO REVISE THE DEFINITION OF "REGIONAL FACILITY" TO AUTHORIZE THE BARNWELL FACILITY TO REMAIN THE REGIONAL FACILITY UNTIL JANUARY 1, 1996; TO AMEND SECTION 48-48-30, RELATING TO LIMITS ON THE AMOUNT OF WASTE WHICH MAY BE DISPOSED OF AT THE BARNWELL FACILITY, SO AS TO EXTEND THE LIMIT ON THE AMOUNT OF WASTE WHICH MAY BE DISPOSED OF AT THE BARNWELL FACILITY TO TEN MILLION CUBIC FEET THROUGH JANUARY 1, 1996, NOT TO EXCEED ONE MILLION, TWO HUNDRED THOUSAND CUBIC FEET OF WASTE FOR A CALENDAR YEAR; TO AMEND SECTION 48-48-80, RELATING TO LEGISLATIVE AUTHORIZATION FOR CONTINUED OPERATION OF THE LOW-LEVEL WASTE DISPOSAL FACILITY LOCATED NEAR BARNWELL, SO AS TO AUTHORIZE THAT FACILITY TO CONTINUE TO OPERATE, AND ALSO SERVE AS THE REGIONAL DISPOSAL FACILITY FOR THE SOUTHEAST REGION UNTIL JANUARY 1, 1996, UNDER CERTAIN CONDITIONS; TO AMEND SECTION 48-48-90, RELATING TO THE CARRY-FORWARD OF UNUSED ANNUALIZED SITE CAPACITY, SO AS TO PROVIDE THAT THE TOTAL AMOUNT OF WASTE WHICH MAY BE DISPOSED OF AT THE FACILITY PRIOR TO DECEMBER 31, 1995, IS TEN MILLION CUBIC FEET AND EXTEND THE CARRY-FORWARD PROVISION TO DECEMBER 31, 1995; AND TO PROVIDE THAT IF THE STATE OF NORTH CAROLINA ISSUES A PERMIT FOR A HAZARDOUS WASTE OR SOLID WASTE FACILITY AT A SITE LOCATED WITHIN ONE MILE OF THE BORDER OF A NEIGHBORING STATE AFTER THE EFFECTIVE DATE OF THIS SECTION, LOW-LEVEL WASTE GENERATED OUTSIDE OF THE STATE OF SOUTH CAROLINA MAY NOT BE DISPOSED AT THE LOW-LEVEL RADIOACTIVE WASTE FACILITY LOCATED AT BARNWELL AFTER THE DATE OF ISSUANCE OF THE PERMIT BY THE STATE OF NORTH CAROLINA OR JANUARY 1, 1993, WHICHEVER DATE IS LATER. A. Section 13-7-30(7)(e) of the 1976 Code is amended to read: "(e) Of the remaining balance from the surcharge after the allocation provided in subitem (d), together with all penalty surcharges, the Treasurer shall remit ten percent of the balance to the governing body of Barnwell County; provided, that in no event shall the Treasurer remit more than two million, five hundred thousand dollars a fiscal year to the governing body of Barnwell County pursuant to this section. All funds thereafter not otherwise allocated by law must be deposited in the general reserve fund of the State. If the amount deposited exceeds the amount necessary to fund the general reserve fund of the State on a fiscal year basis, then such funds must be deposited in the general fund of the State." B. Section 48-47-30(10) of the 1976 Code is amended to read: "10. `Regional facility' means (1) a facility as defined in this article which has been designated, authorized, accepted, or approved by the commission to receive waste or (2) the disposal facility in Barnwell County, South Carolina, owned by the State of South Carolina and as licensed for the burial of low-level radioactive waste on July 1, 1982, but in no event shall this disposal facility serve as a regional facility beyond January 1, 1996." C. Section 48-48-30 of the 1976 Code is amended to read: "(A) The regional disposal facility located at Barnwell may accept not more than ten million cubic feet of low-level radioactive waste during the period beginning January 1, 1986, and ending January 1, 1996. The facility shall accept no waste from out of the region if receipt of such waste would result in disposal in excess of one million, two hundred thousand cubic feet of waste for a calendar year, except as otherwise provided in this chapter." D. Section 48-48-80 of the 1976 Code is amended to read: "Section 48-48-80. (A) Beginning no later than January 1, 1996, the disposal facility located at Barnwell shall cease to accept radioactive waste from outside the borders of the State. Further operation of the facility beyond January 1, 1993, must be as provided in this section and by law. In accordance with Section 13-7-30, the State Budget and Control Board, or its designee, is responsible for extended custody and maintenance of the Barnwell site following closure and license transfer from the facility operator. The department is responsible for continued site monitoring. (B) The Barnwell site shall continue to serve as the disposal facility for the Southeast Interstate Low-Level Radioactive Waste Management Compact until January 1, 1996, subject to the following conditions: (1) The site must cease serving as a facility for the compact if North Carolina has a permanent or temporary site ready to receive the region's waste before January 1, 1996. (2) North Carolina must exclude any site within ten miles of a neighboring state by December 31, 1993. (3) North Carolina must not site a low-level waste storage or disposal facility at a location which will pose a threat to human health, the environment, or water resources in contiguous states. (C) If North Carolina fails to satisfy any one of the conditions set forth in (B)(2) or (B)(3) or if North Carolina selects a site for the storage or disposal of low-level radioactive waste within ten miles of a neighboring state the following shall result: (1) The Barnwell site must immediately cease to accept low-level waste generated in North Carolina. (2) The Barnwell site must cease to accept waste from outside the State as of June 30, 1994. The South Carolina Department of Health and Environmental Control shall make determinations whether the conditions set forth herein are satisfied and report its findings to the President of the Senate, the Speaker of the House, and the Governor. (D) As a further condition of the continued operation of the Barnwell site as a regional low-level radioactive waste disposal site until January 1, 1996, the State of North Carolina must comply with the following milestones: (1) The State of North Carolina must submit a completed regional disposal facility license application to all appropriate government agencies prior to December 31, 1993. (2) A regional disposal facility operating license must be approved by all appropriate government agencies prior to March 15, 1995. (E) The State of North Carolina shall notify the Southeast Compact Commission and the South Carolina Department of Health and Environmental Control on each milestone date as to whether the milestone has been accomplished, and the Compact Commission shall so certify. The South Carolina Department of Health and Environmental Control shall certify whether or not the milestones have been met and report its findings to the President of the Senate, the Speaker of the House, and the Governor. If any milestone is not accomplished, payment from a fund established by the Commission, and funded by a surcharge imposed prior to December 31, 1992, on generators of low-level waste within the Southeast region other than generators located in this State, in the amount of five million dollars must be made to the State of South Carolina. The failure of North Carolina or the Southeast Compact Commission to satisfy any one of the milestones by the prescribed dates shall require the Barnwell site to cease to operate one year from the date that the milestone was to be met. (F) As a further condition beginning January 1, 1993, the Southeast Compact Commission shall not approve any agreements allowing acceptance of nonregion waste unless such agreements provide for the assessment of a fee equal to or greater than one hundred sixty dollars per cubic foot. (G) Beginning July 1, 1994, in addition to the requirement set forth in Section 48-47-70(9) for an affirmative vote of both representatives from the State of South Carolina to the Southeast Low-Level Radioactive Waste Management Compact Commission to accept the importation of waste from outside the southeast region, the General Assembly, by a concurrent resolution, must authorize the facility at Barnwell to accept the importation of waste generated outside the region before such waste may be disposed at the Barnwell facility. (H) If the continued availability after December 31, 1992, of the site to the compact is declared in violation of, or inconsistent with, the compact by a court of competent jurisdiction because of the conditions set forth in this section or by law, the facility shall cease to accept waste generated in North Carolina immediately and from outside the State or from other Southeastern Compact states as of July 1, 1994. (I) Nothing in this section must be construed to alter or diminish the existing statutory authority of the South Carolina Department of Health and Environmental Control to regulate activities involving radioactive materials or radioactive wastes." E. Section 48-48-90 of the 1976 Code is amended to read: "Section 48-48-90. The site operator may carry forward to any subsequent year unused annual site capacity up to two hundred thousand cubic feet whenever the site does not receive as much as one million, two hundred thousand cubic feet in a calendar year. In no calendar year may this carry-forward be used by the site operator to accept for disposal or storage an amount of waste in excess of one million, four hundred thousand cubic feet by operation of this or any other section. The use of this carry-forward of unused annualized site capacity may not result in disposal or storage of waste in excess of ten million cubic feet of waste prior to December 31, 1995. No carry-forward of site capacity may be used after December 31, 1995." F. If the State of North Carolina issues a permit for a hazardous waste or solid waste facility at a site located within one mile of the border of a neighboring state after the effective date of this act, low-level waste generated outside of the State of South Carolina may not be disposed at the low-level radioactive waste facility located at Barnwell after the date of issuance of the permit by the State of North Carolina or January 1, 1993, whichever date is later. G. This section takes effect upon approval of the Governor. SECTION 71 TO AMEND SECTION 12-27-1270, AS AMENDED, OF THE 1976 CODE, RELATING TO THE ECONOMIC DEVELOPMENT ACCOUNT, SO AS TO INCREASE FROM TEN TO FIFTEEN MILLION DOLLARS OF THE AMOUNT SHIMS REVENUES THAT MUST BE CREDITED TO THE ACCOUNT IN A FISCAL YEAR AND TO AMEND A JOINT RESOLUTION OF 1992 BEARING RATIFICATION NUMBER 409, RELATING TO A TEN MILLION DOLLAR INCREASE IN THE ECONOMIC DEVELOPMENT ACCOUNT FOR FISCAL YEAR 1992-93, SO AS TO CONFORM THE RESOLUTION TO THE PROVISIONS OF THIS SECTION. A. Section 12-27-1270 of the 1976 Code, as last amended by Act 171 of 1991, is further amended to read: "Section 12-27-1270. The first fifteen million dollars generated from the tax levied in Sections 12-27-1210, 12-27-1220, 12-27-1230, and 12-27-1240 must be segregated in a separate account for economic development. This account may be expended only upon the authorization of the South Carolina Coordinating Council for Economic Development which shall establish project priorities. Funds devoted to the economic development account must remain in the account if not expended in the previous fiscal year. Annually, funds from the tax levied in Section 12-27-1210 must be deposited to replenish the account to the extent and in an amount necessary to maintain an uncommitted and/or an unobligated fund balance of fifteen million dollars but not to exceed fifteen million dollars for the ensuing fiscal year. The council may spend no more than two hundred fifty thousand dollars, in the first year only, for a long-term economic development plan which must be submitted to the General Assembly on completion of the plan. The council may spend not more than sixty thousand dollars annually for a state infrastructure model." B. Section 1 of a joint resolution of 1992 bearing ratification number 409 is amended to read: "Section 1. Notwithstanding the provisions of Section 12-27-1270 of the 1976 Code and from July 1, 1992, through June 30, 1993, only, the first twenty-five million dollars rather than the first fifteen million dollars generated from the tax imposed pursuant to Article 13, Chapter 27, Title 12 of the 1976 Code must be segregated in the separate economic development account and the additional ten million dollars must be used for a special economic development project. If the additional revenues are not needed for this special project, the ten million dollars revert to the SHIMS Fund." C. This section takes effect July 1, 1992. SECTION 72 TO AMEND SECTION 6-10-30 OF THE 1976 CODE, RELATING TO BUILDING CODES, SO AS TO ALLOW CERTAIN EXCEPTIONS TO PROMOTE AFFORDABLE HOUSING; TO AMEND SECTIONS 58-25-40, AS AMENDED, AND 58-25-60, RELATING TO REGIONAL TRANSPORTATION AUTHORITIES, SO AS TO PROVIDE FOR PER DIEM OF MEMBERS UNDER CERTAIN CONDITIONS AND LIMIT SOURCES AND USES OF REVENUES; AND TO PROHIBIT INTEGRATED RESOURCE PLAN REQUIREMENTS FOR GAS UTILITIES UNDER CERTAIN CIRCUMSTANCES. A. Section 6-10-30(d) of the 1976 Code is amended by adding at the end: "To facilitate the affordability of purchases of housing, single pane windows and minimum thermal resistance ratings of R-19 for ceilings and R-11 for floors may be used provided the builder discloses the insulation levels to the buyer. The disclosure must be on a form available from the South Carolina Residential Builders Commission and a copy must be submitted to the commission which must keep it for thirteen years." B. Section 58-25-40(1) of the 1976 Code, as last amended by Act 202 of 1989, is further amended by adding at the end: "Per diem may be paid to regional transportation authority members only in cases of extensive services rendered and approved by a two-thirds vote of the authority." C. Section 58-25-60 of the 1976 Code is amended to read: "Section 58-25-60. The intended mechanism for raising the necessary local funds to support the operation of the authority must be set forth in the agreement provided for in Section 58-25-30. The declaration of intended sources of local funds does not preclude the use of other local, state, or federal sources which subsequently become available except for state highway construction funds which may not be used. The agreement may be amended specifically to recognize new sources. Local funds may be generated from the following existing sources of revenue, including, but not limited to, a local sales tax approved pursuant to Chapter 10, Title 4, business license tax, and franchise fees, notwithstanding other provisions of law. These sources are not intended to be exclusive. A vehicle registration fee may be levied by the governing bodies of the member cities and counties on the motor vehicles registered within the service area of the authority. If this mechanism is used, the amount of the vehicle registration fee must be set forth in the agreement and must be approved by the qualified electors within the proposed service area if an election is required by Section 58-25-30. The authority shall request the members of the General Assembly representing its service area to approve increases in the registration fee. Unless these members of the General Assembly by majority vote approve the increase, no increases may be imposed. This registration fee must be added to the personal property tax notice collected as a part of the personal property tax and the fee rebated to the authority. Property tax revenue must not be used to support operation of the authority unless the authority has been approved by referendum pursuant to Section 58-25-30 or unless the use of the tax for this purpose is approved by each governing body of the cities or counties providing funding to the authority." D. Procedures for integrated resource planning for utilities providing natural gas services may be recommended but no integrated resource planning reporting may be required of utilities providing natural gas services unless and until integrated resource planning procedures for utilities providing natural gas services are adopted by the Public Service Commission. E. The provisions of the South Carolina Energy Conservation and Efficiency Act of 1992 terminate July 1, 1994, unless reauthorized by the South Carolina General Assembly. F. The amendments to Sections 6-10-30(d), 58-25-40(1), and 58-25-60 and provisions contained in Sections D and E of this section are the last expressions of the General Assembly notwithstanding provisions of the South Carolina Energy Conservation and Efficiency Act of 1992. End of Part II All Acts or parts of Acts inconsistent with any of the provisions of Part I of this Act are hereby suspended for the Fiscal Year 1992-93. 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. -----XX----- PLEASE NOTE *Provisions printed in italic boldface were vetoed by the Governor June 16, 1992. Unless otherwise stated, provisions not vetoed by the Governor took effect June 16,1992. At the time this act was printed, the General Assembly had not taken action on the vetoes.