The Code Commissioner is directed to include all permanent general laws in this Division in the next edition of the Code of Laws of South Carolina, 1976, and all supplements to the Code.
TO AMEND THE 1976 CODE BY ADDING SECTION 25-1-3235 SO AS TO PROVIDE THAT PERSONS BECOMING MEMBERS OF THE NATIONAL GUARD AFTER JUNE 30, 1993, ARE INELIGIBLE TO RECEIVE THE NATIONAL GUARD STATE PENSION AUTHORIZED PURSUANT TO ARTICLE 23, CHAPTER 1, TITLE 25 OF THE 1976 CODE AND TO PROHIBIT THE USE OF FUNDS APPROPRIATED FOR THE ADJUTANT GENERAL'S OFFICE FOR RECRUITING PURPOSES UNLESS THE ENLISTMENT CONTRACT CONTAINS NOTICE OF THIS PROVISION.
Article 23, Chapter 1, Title 25 of the 1976 Code is amended by adding:
"Section 25-1-3235. (A) Notwithstanding any other provision of this article, a person who becomes a member of the National Guard after June 30, 1993, is ineligible to receive the pension authorized by this article.
(B) No funds appropriated for the Adjutant General's Office in the annual general appropriations act may be expended for recruiting purposes unless the enlistment contract for persons enlisting after June 30, 1993, contains notice of the provisions of subsection (A) of this section."
TO AMEND SECTION 44-20-1170 OF THE 1976 CODE, RELATING TO THE DISPOSITION
OF REVENUES IN REGARD TO CAPITAL IMPROVEMENTS FOR MENTAL RETARDATION, SO
AS TO PERMIT CERTAIN EXCESS DEBT SERVICE FUNDS TO BE TRANSFERRED TO LOCAL
MENTAL RETARDATION BOARDS FOR NEEDED IMPROVEMENTS AT THE LOCAL LEVEL.
Section 44-20-1170(B) of the 1976 Code is amended to read:
"(B) If the accumulation of revenues of the commission in the special fund exceeds the payment due or to become due during the then current fiscal year, and an additional sum equal to the maximum annual debt service requirement of the obligations for a succeeding fiscal year, the State Budget and Control Board may permit the commission to withdraw the excess and apply it to improvements that have received the approval of the board, or to transfer the excess out of the special fund for contract awards to local mental retardation boards for needed improvements at the local level."
TO AMEND TITLE 40 OF THE 1976 CODE, RELATING TO PROFESSIONS AND OCCUPATIONS, BY ADDING CHAPTER 81 SO AS TO CREATE THE PROFESSIONAL AND OCCUPATIONAL LICENSING AGENCIES MANAGEMENT DIVISION, TO PROVIDE FOR ITS MANAGEMENT, POWERS, AND DUTIES, AND FOR TRANSITION TO UNIFIED MANAGEMENT, TO AMEND SECTION 11-5-210, AS AMENDED, RELATING TO POLA AGENCIES, SO AS TO PROVIDE FOR THE FISCAL OPERATIONS OF THESE AGENCIES, AND TO PROVIDE SPECIAL REVENUE REQUIREMENTS FOR CERTAIN POLA AGENCIES IN FISCAL YEAR 1993-94.
A. The General Assembly finds that certain professional and occupational licensing boards and commissions created to protect the public may provide more complete and effective service if their administrative and clerical services are consolidated with other boards and commissions and devolved on a single agency. This consolidated administrative agency shall ensure that the services provided to the public and the professions are carried out in the most economical and efficient manner but shall not affect the substantive regulatory functions of these boards and commissions.
B. Title 40 of the 1976 Code is amended by adding:
Section 40-81-10. There is created the Professional and Occupational Licensing Agencies Management Division on which is devolved all the administrative and clerical functions and duties, including personnel and equipment of the:
(1) Board of Forester Registration;
(2) Board of Geologists;
(3) Board of Examiners in Optometry;
(4) Athletic Commission;
(5) Board of Occupational Therapy;
(6) Board of Podiatry Examiners;
(7) Board of Examiners in Speech-Language Pathology and Audiology;
(8) Board of Social Work Registration;
(9) Board of Veterinary Medical Examiners; and
(10) Board of Nursing Home Administrators and Residential Care Facilities.
Section 40-81-20. The governing board of the division consists ex officio of the chairman or the chairman's designee of each of the various boards and commissions enumerated in Section 40-81-10. The board shall retain an executive director who shall manage the affairs of the division.
Section 40-81-30. The division shall maintain offices in the Columbia area.
Section 40-81-40. The division is created solely to consolidate the administrative and clerical functions and duties of the boards and commissions enumerated in Section 40-81-10. All regulatory functions of these boards and commissions remain separate and are unaffected by the provisions of this chapter.
C. Notwithstanding any other provision of law, the Information Technology and Policy Management of the Division of Research and Statistical Services of the State Budget and Control Board, as assisted by the State Budget Division and with input from the governing board created pursuant to Section 40-81-20 of the 1976 Code is directed to accomplish the transition of agencies provided in Section 40-81-10 of the 1976 Code into one management unit no later than June 30, 1994. The State Budget and Control Board is authorized to use staff, contract employees, and services as necessary for the transition. Excess revenue for the enumerated agencies in Section 40-81-10 of the 1976 Code may be used for startup expenses of the POLA Management Division.
D. (1) Section 11-5-210 of the 1976 Code, as last amended by Act 171 of 1991, is further amended by adding:
"(E) The POLA agencies enumerated in subsection (A) are considered other funded agencies and must generate revenue equal to one hundred ten percent of agency expenditures, of which ten percent must be remitted to the general fund of the State. If a POLA agency fails to generate the required revenue in a fiscal year, it must generate sufficient revenue in the succeeding fiscal year to offset the deficit plus meet the current year requirement. POLA agencies may adjust fees, if necessary, to generate revenue at least ten percent above the current year state expenditures for the agency. All revenue in excess of one hundred fifty percent of expenditures must be remitted to the general fund of the State."
(2) Notwithstanding the provisions of Section 11-5-210 of the 1976 Code, and for fiscal year 1993-94 only, POLA agencies, not including those enumerated in Section 40-81-10 of the 1976 Code, must remit to the general fund of the State an amount not less than the amount in excess of agency expenditures remitted by the agency to the general fund in fiscal year 1992-93.
E. This section shall not conflict with the provisions of H. 3546 of 1993 as and if enacted by the General Assembly.
F. This section takes effect July 1, 1993.
TO AMEND SECTION 12-7-20, AS AMENDED, OF THE 1976 CODE, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE BY WHICH VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986 ARE ADOPTED FOR STATE INCOME TAX.
Section 12-7-20(11) of the 1976 Code, as last amended by Act 361 of 1992, is further amended to read:
"(11)`Internal Revenue Code' means the Internal Revenue Code of 1986 as amended through December 31, 1992."
TO AMEND SECTION 8-17-320 OF THE 1976 CODE, RELATING TO DEFINITIONS IN
REGARD TO STATE EMPLOYEE GRIEVANCE PROCEDURES, SO AS TO REVISE THE
DEFINITION OF "PROBATIONARY EMPLOYEE" AND "TEMPORARY
EMPLOYEE"; AND TO AMEND SECTION 8-17-330, AS AMENDED, RELATING TO STATE
AGENCY EMPLOYEE GRIEVANCE PROCEDURES, SO AS TO FURTHER PROVIDE FOR
CERTAIN SITUATIONS OR ACTIONS WHICH ARE NOT CONSIDERED GRIEVANCES.
A. Section 8-17-320(11) and (14) of the 1976 Code are amended to read:
"(11)`Probationary employee' means a full-time or part-time employee in the initial working test period of employment with the State of not more than twelve months duration for noninstructional personnel or the academic year duration for instructional personnel. An employee who receives an unsatisfactory performance appraisal during the probationary period must be terminated before becoming a permanent employee.
(14)`Temporary employee' means a full-time or part-time employee hired to fill a position for a period not to exceed one year."
B. The fourth paragraph of Section 8-17-330 of the 1976 Code is amended to read:
"No employee may be disciplined or otherwise prejudiced in employment for exercising rights or testifying under the plan, and agency heads shall encourage the use of the plan in the resolution of grievances arising in the course of public employment. As used in this article, grievances shall include dismissals, suspensions, involuntary reassignments, and demotions. Reclassification, reassignments, and transfers to the same pay grade are not considered grievances. Promotions are not considered grievances. However, where an allegation is made that the grievant was excluded from consideration for promotion to a position greater than one organizational level above his present level for which he was qualified when the promotional opportunity occurred, and the grievant applied or would have applied if he had known of the promotion opportunity, and the state personnel director determines that there is any material issue of fact or conclusion to be drawn from the facts of the allegation, then the promotion is considered grievable."
C. Section 8-17-320(11) of the 1976 Code as amended by subsection A of this section first applies with respect to employees hired after June 30, 1993.
TO AMEND SECTION 11-35-310 OF THE 1976 CODE, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO PROVIDE THAT STATE GOVERNMENTAL BODIES SUBJECT TO A TERM CONTRACT MAY PURCHASE OUTSIDE THE CONTRACT UNDER CERTAIN CONDITIONS AND TO PROVIDE THAT IN THE CASE OF MULTIYEAR TERM CONTRACTS THIS SECTION FIRST APPLIES TO SUCH CONTRACTS EXECUTED ON OR AFTER JULY 1, 1993.
A. Section 11-35-310(33) of the 1976 Code is amended to read:
"(33)`Term contract' means a contract established by the chief procurement officer for a specific product or service for a specified time and for which it is mandatory that all governmental bodies procure their requirements for the goods and services during its term. If a governmental body is offered goods or services at a price that is at least ten percent less than the term contract price for the same goods or services, it may purchase from the vendor offering the lower price after first offering the vendor holding the term contract the option to meet the lower price. If the vendor holding the term contract meets the lower price, then the governmental body must purchase from the contract vendor. A term contract may be a multiterm contract as provided in Section 11-35-2030."
B. This section takes effect July 1, 1993, and in the case of multiyear term contracts first applies with respect to such contracts executed on or after July 1, 1993.
TO AMEND SECTION 11-35-3030 OF THE 1976 CODE, RELATING TO THE BOND AND
SECURITY UNDER THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS
TO PROVIDE THAT A BID SECURITY BOND IS REQUIRED ONLY ON SEALED COMPETITIVE
BIDS FOR CONSTRUCTION CONTRACTS IN EXCESS OF ONE HUNDRED THOUSAND
DOLLARS.
A. Section 11-35-3030(1)(a) of the 1976 Code is amended to read:
"(a) Requirement for Bid Security. Bid security is required for all competitive sealed bidding for construction contracts in excess of one hundred thousand dollars and such other contracts as may be prescribed by the state engineer's office. Bid security is a bond provided by a surety company meeting the criteria established by the regulations of the board or otherwise supplied in a form which may be established by regulation of the board."
B. This section takes effect July 1, 1993.
TO AMEND SECTION 11-35-1550 OF THE 1976 CODE, RELATING TO SMALL PURCHASES UNDER THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO PROVIDE FOR BID PROCEDURES ON PROCUREMENTS NOT EXCEEDING TWENTY-FIVE THOUSAND DOLLARS.
A. Section 11-35-1550 of the 1976 Code is amended to read:
"Section 11-35-1550. (A) Authority.
The following small purchase procedures may be utilized in conducting procurements for governmental bodies that are less than twenty-five thousand dollars in actual or potential value. An agency may conduct its own procurement under five thousand dollars in actual or potential value, and an agency that has received procurement certification pursuant to Section 11-35-1210 to handle the type and estimated value of the procurement may conduct the procurement under its own authority in accordance with the procedures prescribed in this section. However, procurement requirements must not be artificially divided by governmental bodies so as to constitute a small purchase under this section.
(B) Competition and price reasonableness.
(1) Purchases not in excess of one thousand five hundred dollars.
Small purchases not exceeding one thousand five hundred dollars may be accomplished without securing competitive quotations if the prices are considered to be reasonable. The purchasing office shall annotate the purchase requisition: `Price is fair and reasonable' and sign. The purchases must be distributed equitably among qualified suppliers. When practical, a quotation must be solicited from other than the previous supplier before placing a repeat order. The administrative cost of verifying the reasonableness of the price of purchase `not in excess of' may more than offset potential savings in detecting instances of overpricing. Action to verify the reasonableness of the price need be taken only when the procurement officer of the governmental body suspects that the price may not be reasonable, by comparison to previous price paid or personal knowledge of the item involved.
(2) Purchases from one thousand five hundred one dollars to five thousand dollars.
Solicitations of verbal or written quotes from a minimum of three qualified sources of supply must be made and documentation of the quotes attached to the purchase requisition. The award must be made to the lowest responsive and responsible source.
(3) Purchases from five thousand one dollars to ten thousand dollars.
Solicitation of written quotes from a minimum of three qualified sources of supply must be made and documentation of the quotes attached to the purchase requisition. The award must be made to the lowest responsive and responsible sources.
(4) Purchases from ten thousand one dollars to twenty-five thousand dollars.
Written solicitation of written quotes from a minimum of five qualified sources of supply must be made. The procurement must be advertised at least once in the South Carolina Business Opportunities publication. A copy of the written solicitation and written quotes must be attached to the purchase requisition. The award must be made to the lowest responsive and responsible source.
(C) Protest rights.
The provisions of Section 11-35-4210 do not apply to contracts awarded under the procedures set forth in this section.
(D) All competitive procurements above twenty-five thousand dollars must be advertised at least once in the South Carolina Business Opportunities publication. Governmental bodies may charge vendors the cost incurred for coping and mailing bid or proposal documents requested in response to a procurement advertised in this the South Carolina Business Opportunities publication."
B. Subsection (D) of Section 11-35-1550 of the 1976 Code, as amended by subsection (A) of this section, is effective January 1, 1994.
* See note at end of act.
TO AMEND SECTION 11-35-1520, AS AMENDED, OF THE 1976 CODE, RELATING TO COMPETITIVE SEALED BIDS UNDER THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO RAISE THE COMPETITIVE SEALED BIDS THRESHOLD FROM PROCUREMENTS OF TWO THOUSAND FIVE HUNDRED DOLLARS OR MORE TO PROCUREMENTS OF TWENTY-FIVE THOUSAND DOLLARS OR MORE.
Section 11-35-1520(1) of the 1976 Code is amended to read:
"(1) Condition for Use. Contracts amounting to twenty-five thousand dollars or more must be awarded by competitive sealed bidding except as otherwise provided in Section 11-35-1510."
* See note at end of act.
TO AMEND SECTION 11-35-4210 OF THE 1976 CODE, RELATING TO PROTESTS AND REMEDIES UNDER THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO AUTHORIZE THE PROCUREMENT REVIEW PANEL TO ASSESS A PROTESTER FOR THE STATE'S LEGAL AND ADMINISTRATIVE COSTS IF THE PANEL DETERMINES THE PROTEST WAS FRIVOLOUS OR WITHOUT MERIT.
A. Section 11-35-4210(1) of the 1976 Code is amended to read:
"(1) Right to Protest. Any actual or prospective bidder, offeror, contractor, or subcontractor who is aggrieved in connection with the solicitation or award of a contract may protest to the appropriate chief procurement officer. The protest, setting forth the grievance, must be submitted in writing within ten days after the aggrieved persons know or should have known of the facts giving rise thereto, but in no circumstance after thirty days of notification of award of contract. A vendor who initiates a protest may be required to reimburse the state for its legal and administrative costs if the Procurement Review Panel determines that the protest was frivolous or without merit."
B. This section takes effect July 1, 1993.
* See note at end of act.
TO AMEND SECTION 11-35-4410, AS AMENDED, OF THE 1976 CODE, RELATING TO THE PROCUREMENT REVIEW PANEL, SO AS TO ADD TWO STATE EMPLOYEES TO THE PANEL APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE WHO SHALL SERVE FOR A TERM OF FOUR YEARS AND UNTIL THEIR SUCCESSORS ARE APPOINTED AND QUALIFY.
A. Section 11-35-4410(2) of the 1976 Code, as last amended by Act 248 of 1991, is further amended by adding:
"(f) Two members who are employees of any state agency or institution, appointed by the Governor with the advice and consent of the Senate for a term of four years or the term of the appointee's continued employment by the agency or institution, whichever is shorter. A vacancy must be filled in the manner of original appointment. The state employee members may not receive compensation for serving on the panel beyond the employee's regular salary."
B. This section takes effect July 1, 1993.
TO AMEND SECTION 12-27-390, AS AMENDED, OF THE 1976 CODE, RELATING TO THE
DISTRIBUTION TO COUNTIES OF A PORTION OF GASOLINE TAXES THROUGH THE WATER
RECREATIONAL RESOURCES FUND, SO AS TO INCREASE FROM ONE-HALF TO ONE
PERCENT THE AMOUNT OF GASOLINE TAX REVENUE SO ALLOCATED, TO EXTEND THE
ALLOCATION TO THE 2.66 CENTS A GALLON ADDITIONAL GASOLINE TAX, TO PROVIDE
THAT THE SOUTH CAROLINA WILDLIFE AND MARINE RESOURCES DEPARTMENT MUST BE
REIMBURSED FOR LAW ENFORCEMENT COSTS INCURRED PURSUANT TO THIS PROGRAM
IN AN AMOUNT NOT TO EXCEED ONE-THIRD OF THE REVENUES CREDITED TO THE
WATER RECREATIONAL RESOURCES FUND, AND TO REVISE OBSOLETE ALLOCATION
PROVISIONS.
A. Section 12-27-390 of the 1976 Code, as last amended by Act 171 of 1991, is further
amended to read:
"Section 12-27-390. (A) One percent of the proceeds from the gasoline tax imposed pursuant to Sections 12-27-230 and 12-27-240 must be transmitted to the Department of Wildlife and Marine Resources to be placed to the credit of a special water recreational resources fund of the state treasury and all balances in the fund must be carried forward each year so that no part of it reverts to the General Fund of the State. All of the funds must be allocated based upon the number of boats or other watercraft registered in each county pursuant to law and expended, subject to the approval of a majority of the county legislative delegation, including a majority of the resident senators, if any, for the purpose of water recreational resources. The amounts allocated must be deducted from the gross proceeds of the gasoline tax imposed under Sections 12-27-230 and 12-27-240 before net proceeds to be distributed pursuant to Section 12-27-380 are determined. This section does not reduce the one cent a gallon license tax credited to the general fund of the State pursuant to Section 12-27-380.
(B) The governing body of any coastal county, upon recommendation of a majority of the legislative delegation, including a majority of the resident senators, shall refund to any person purchasing gasoline for use in commercial or charter fishing boats operated exclusively in the coastal waters of this State all or a portion of the state tax on the gasoline returned to the county pursuant to this section. The refund, if any, must be made pursuant to regulations established by the governing body of the county.
(C) The South Carolina Wildlife and Marine Resources Department must be reimbursed for engineering, design, rehabilitation, and law enforcement costs incurred in the administration of the provisions of this section, but funds for law enforcement may not exceed one-third of revenues to the special water recreational resources fund. Funds for reimbursement must be transferred from funds collected under the provisions of this section."
B. This section takes effect July 1, 1993.
TO AMEND SECTION 51-1-75 OF THE 1976 CODE, RELATING TO THE ADMISSIONS TAX
REVENUES ALLOCATED TO THE SOUTH CAROLINA DEPARTMENT OF PARKS, RECREATION
AND TOURISM, SO AS TO ELIMINATE THE FIVE MILLION DOLLAR THRESHOLD FOR THE
ALLOCATION AND TO ALLOW THE AGENCY TO USE ADMISSIONS TAX REVENUES FOR
DEPARTMENTAL OPERATIONS.
A. Section 51-1-75 of the 1976 Code is amended to read:
"Section 51-1-75. (A) The annual revenue derived from Section 12-21-2420 after the allocation of revenue for use of the commercial fisheries division, must be allocated to the Department of Parks, Recreation and Tourism.
(B) The funds allocated to the Department of Parks, Recreation and Tourism from the revenues collected from admission tax fees in Section 12-21-2420 must be used for the operations of the department and to advertise and promote the tourism industry of the State. The advertising and promotion activities must include paid media advertising and other promotional projects of the department and establishment by the department of a matching funds program to assist local tourism promotion organizations in the State. Guidelines for the programs must be formulated by the department and the Joint Committee on Tourism and Trade."
B. This section takes effect July 1, 1993.
TO AMEND SECTION 44-7-130, AS AMENDED, OF THE 1976 CODE, RELATING TO DEFINITIONS IN REGARD TO THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO REVISE CERTAIN DEFINITIONS IN REGARD TO MENTALLY RETARDED PERSONS; AND BY ADDING SECTION 44-20-355 SO AS TO IMPOSE A FIVE DOLLAR A PATIENT DAY FEE IN INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED.
A. Section 44-7-130(19) of the 1976 Code is amended to read:
"(19)`Intermediate Care Facility for the Mentally Retarded' means a facility that serves four or more mentally retarded persons or persons with related conditions and provides health or rehabilitative services on a regular basis to individuals whose mental and physical conditions require services including room, board, and active treatment for their mental retardation or related conditions."
B. The 1976 Code is amended by adding:
"Section 44-20-355.The department shall assess and collect a fee on all Intermediate Care Facilities for the Mentally Retarded, as defined in Section 44-7-130(19). Providers holding licenses on all such facilities shall pay to the department a fee equal to five dollars a patient day in these facilities. The department shall pay all proceeds from the fee into the general fund of the State."
TO AMEND THE 1976 CODE BY ADDING ARTICLE 20 IN CHAPTER 21 OF TITLE 12, RELATING TO LICENSE TAXES, BY ENACTING THE VIDEO GAME MACHINES ACT, SO AS TO REGULATE VIDEO GAMES WITH A FREE PLAY FEATURE, INCLUDING THE NUMBER OF MACHINES ALLOWED AT A SINGLE PLACE, ALLOWED HOURS OF OPERATION, THE AGE OF PLAYERS TO WHOM PAYOUTS MAY BE MADE, RESIDENCY OF OWNER, OPERATORS, AND MARKETERS, LIMITATIONS ON CREDITS AND LOCATION OF ESTABLISHMENTS WITH SUCH MACHINES AND PROVIDE PENALTIES FOR VIOLATIONS; BY ADDING SECTION 12-21-2703 SO AS TO PROVIDE THAT A COIN-OPERATED MACHINE WITH A FREE PLAY FEATURE MAY NOT BE LOCATED IN A LOCATION WITHOUT A RETAIL LICENSE; TO AMEND SECTION 12-21-2720, AS AMENDED, RELATING TO LICENSE FEES FOR COIN-OPERATED DEVICES, SO AS TO IMPOSE A ONE-TIME NONREFUNDABLE FEE OF FIVE HUNDRED DOLLARS ON LICENSES ISSUED FOR COIN-OPERATED DEVICES AND VIDEO GAMES WITH A FREE PLAY FEATURE BETWEEN JULY 1,1993, AND JUNE 30, 1995, AND PROVIDE THAT THE TAX COMMISSION SHALL RETAIN THE FEE FOR THE PURPOSE OF MONITORING THESE DEVICES; TO AMEND SECTION 12-21-2726, AS AMENDED, RELATING TO LICENSE DISPLAY, SO AS TO PROHIBIT THE LINKING OF MACHINES EXCEPT FOR CERTAIN PURPOSES; TO AMEND SECTION 12-21-2738, RELATING TO THE CIVIL PENALTY FOR VIOLATIONS RELATING TO COIN-OPERATED DEVICES, SO AS TO PROVIDE A TWO THOUSAND FIVE HUNDRED DOLLAR PENALTY FOR VIOLATIONS WITH RESPECT TO COIN-OPERATED DEVICES WITH A FREE PLAY FEATURE AND TO PROVIDE FOR THE DISTRIBUTION OF PENALTY PROCEEDS; TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO OFFENSES CLASSIFIED AS FELONIES, SO AS TO ADD FELONIES CREATED BY THE VIDEO GAME MACHINES ACT, TO PROVIDE A REFERENDUM TO BE HELD STATEWIDE AT THE TIME OF THE 1994 GENERAL ELECTION ON THE QUESTION OF ALLOWING PAYOUTS FOR CREDITS EARNED ON COIN-OPERATED VIDEO GAMES WITH RESULTS DETERMINED ON A COUNTY-BY-COUNTY BASIS AND PAYOUTS PROHIBITED AFTER JUNE 30, 1995, IN A COUNTY WITH A MAJORITY "NO" VOTE, TO PROVIDE PRO RATA REFUNDS FOR THE PORTION OF A LICENSE AFTER JUNE 30, 1994, IN A COUNTY WITH A MAJORITY "NO" VOTE; TO PROVIDE FOR COUNTY REFERENDUMS ON ALLOWING OR PROHIBITING CASH PAYMENTS FOR CREDITS EARNED ON COIN-OPERATED VIDEO GAMES HELD AT THE TIME OF THE GENERAL ELECTION BEGINNING WITH THE GENERAL ELECTION OF 1998, TO ALLOW SUCH REFERENDUMS TO BE HELD BY ORDINANCE OF THE COUNTY GOVERNING BODY OR BY PETITION OF QUALIFIED ELECTORS, AND REQUIRE PRO RATA REFUNDS OF LICENSES IN COUNTIES WITH A MAJORITY VOTE PROHIBITING PAYOUTS.
A. Title 12, Chapter 21 of the 1976 Code is amended by adding:
Section 12-21-2770. This article may be cited as the Video Game Machines Act.
Section 12-21-2772. As used in this article:
(1) `Associated equipment' means a proprietary device, machine, or part used in the manufacture or maintenance of a video game machine including, but not limited to, integrated circuit chips, printed wired assembly, printed wired boards, printing mechanisms, video display monitors, and metering devices.
(2) `Commission' means the South Carolina Tax Commission.
(3) `Distributor' means any person who buys and sells or leases video machines or associated equipment in this State. A distributor may also own, operate, service, or repair video machines in this State.
(4) `Licensed establishment' means an establishment owned or managed by a person who is licensed pursuant to Article 19 of this chapter for the location of coin-operated nonpayout video machines with a free play feature.
(5) `Machine' means an electronic video games machine that, upon insertion of cash, is available to play or simulate the play of games as authorized by the commission utilizing a video display and microprocessors in which the player may receive free games or credits that can be redeemed for cash.
(6) `Manufacturer' means any person that manufactures or assembles and programs machines or associated replacement equipment authorized for sale or use in this State.
(7) `Net machine income' means money put into the machine minus money paid out in cash. `Gross machine income' means the sum of all cash/money put into the machine.
(8) `Machine owner' means any person, other than a distributor, who owns and operates, maintains, repairs, or services one or more machines in licensed establishments. For purposes of this article `owner/operator' is defined the same as `machine owner'.
(9) `Contraband device/equipment' or `gray area machine' means any unlicensed machine.
Section 12-21-2774.Each machine licensed under this chapter:
(1) may not have any means of manipulation that affect the random probabilities of winning a video game;
(2) shall have one or more mechanisms that accept only coins or cash in the form of bills. The mechanisms must be designed to prevent obtaining credits without paying by stringing, slamming, drilling, or other means;
(3) must have a commission approved metering device that keeps a record of all cash (total coin accepted and total credit generated by the bill acceptor) inserted into the machine, credits played for video games, and credits won by video players and refunds of winnings and other information as prescribed by the commission;
(4) must be capable of being accessed on demand by telecommunication from a central computer for purposes of polling or reading device activities and for central computer remote shutdown of machine operations.
Section 12-21-2776. (A) All machines must be registered and licensed by the commission under procedures and guidelines issued by the commission.
(B) By July 1, 1995, all machines registered and licensed by the commission must be equipped with a commission approved metering device. Each machine owner, operator, or licensed establishment must establish and implement cash controls required by the commission.
Section 12-21-2778. Each machine must be licensed pursuant to Article 19 of this chapter by the commission before placement or operation on the premises of a licensed establishment. Each machine must have the license prominently displayed pursuant to Article 19 of this chapter.
Section 12-21-2780. A seal must be affixed to the commission approved metering device which corresponds to the license as set forth in Section 12-21-2778.
Section 12-21-2782. The commission shall promulgate rules and regulations regarding the types of machines and equipment that must be licensed and the costs associated with inspection. Notwithstanding the provisions of Section 12-21-2774(1), any machine of a type licensed as of July 1, 1993, in this State and which satisfies the conditions of Section 12-21-2776(B) may continue to operate for five years from July 1, 1993. This section may not be construed as authorizing cash payouts for credits earned after the effective date of a referendum prohibiting such payouts.
Section 12-21-2784. Each machine manufacturer, distributor, operator, and licensed establishment must be licensed by the commission pursuant to Article 19 of this chapter and this article before a machine or associated equipment is manufactured, distributed, sold, or placed for public use in this State.
Section 12-21-2786. The placement of machines in licensed establishments is subject to the provisions of Article 19 of this chapter and the rules and regulations promulgated by the commission.
Section 12-21-2788. The commission shall deny or revoke an establishment license for machine placement that does not meet the requirements of Section 12-21-2786 pursuant to the provisions of Section 12-54-90.
Section 12-21-2790. It is unlawful to tamper with a machine with intent to interfere with its proper operation. A person who violates this section is guilty of a felony and, upon conviction, must be imprisoned not more than one year or fined not more than five thousand dollars, or both.
Section 12-21-2791. Any location which operates or allows the operation of coin-operated machines pursuant to Section 12-21-2720(A)(3) which provides payouts authorized pursuant to Section 16-19-60 shall limit the cash payout for credits earned for free games to two thousand five hundred credits per player per location during any twenty-four hour period. The cash value of credits for each free game shall be limited to five cents.
Section 12-21-2792. Skimming of machine proceeds is the intentional excluding, or the taking of any action in an attempt to exclude anything or its value from the deposit, counting, collection, or computation of revenues from machines. Whoever commits skimming of machine proceeds is guilty of a felony and, upon conviction, must be imprisoned for not less than one year nor more than ten years, without benefit of probation, parole, or suspension of sentence, and may be fined not more than twenty-five thousand dollars.
Section 12-21-2793. Any location which operates or allows the operation of coin-operated machines pursuant to Section 12-21-2720(A)(3) which provides payouts authorized pursuant to Section 16-19-60 may not be located within five hundred feet within a county and within three hundred feet in a municipality of a public or private elementary, middle, or secondary school; a public or private kindergarten; a public playground or park; a public vocational or trade school or technical educational center; a public or private college or university; or house of worship. The owner of any location operating in violation of the provisions of this section shall be guilty of a misdemeanor and shall, upon conviction, be fined not less than one hundred dollars and not more than two hundred dollars or imprisoned for not more than sixty days. Each day of operation shall constitute a separate violation.
The penalty imposed by this section shall not be effective until after September 1, 1993. Any location relocating pursuant to this section may apply to the Tax Commission for the reissuance of a license without charge.
The provisions of this section do not apply with respect to any location with machines with licenses issued before May 30, 1993.
Section 12-21-2794. A person who, with intent to manipulate the outcome, payoff, or operation of a machine by physical tampering or any other means is guilty of a felony and, upon conviction, must be imprisoned not less than one year nor more than five years or fined not more than one thousand dollars, or both.
Section 12-21-2796. A machine owner or distributor who wilfully places a machine on location or who wilfully causes a machine to be operated without the state approved metering device is guilty of a felony and, upon conviction, must be imprisoned for not less than one year nor more than ten years, without benefit of probation, parole, or suspension of sentence, and may be fined not more than twenty-five thousand dollars.
Section 12-21-2798. The commission shall promulgate rules and regulations pertaining to the machines and persons licensed by it.
Section 12-21-2802. Each machine licensed under this article or Article 19 must have a prominently displayed sign citing the penalties provided by Sections 12-21-2790, 12-21-2792, and 12-21-2794 on the wall above the machine or affixed prominently to the machine. The commission shall make these signs available free of charge.
Section 12-21-2804. (A) No person shall apply for, receive, maintain, or permit to be used, and the commission shall not allow to be maintained, permits or licenses for the operation of more than eight machines authorized under Section 12-21-2720(A)(3) at a single place or premises for the period beginning July 1, 1993, and ending July 1, 1994. After July 1, 1994, the commission may not issue nor authorize to be maintained any licenses or permits for more than five machines authorized under Section 12-21-2720(A)(3) at a single place or premises. Any licenses or permits issued for the operation of machines authorized under Section 12-21-2720(A)(3) during the period of July 1, 1993, and July 1, 1994, for a two-year period shall continue in effect after July 1, 1994, provided that during the period of July 1, 1994, and July 1, 1995, no person shall maintain at a single place or premises more than eight machines authorized under Section 12-21-2720(A)(3). No machine may be licensed or relicensed in any location where the primary and substantial portion of the establishment's gross proceeds is from machines licensed under Section 12-21-2720(A)(3). The commission shall revoke the licenses of machines located in an establishment which fails to meet the requirements of this section. No license may be issued for a machine in an establishment in which a license has been revoked for a period of six months from the date of the revocation. The term `gross proceeds' from the machines means the establishment's portion.
(B) No person who maintains a place or premises for the operation of machines licensed under Section 12-21-2720(A)(3) may advertise in any manner for the playing of the machines nor may a person offer or allow to be offered any special inducement to a person for the playing of machines permitted under Section 12-21-2720(A)(3).
(C) No person under twenty-one years of age may receive a payout as a result of the operation of the machines licensed under Section 12-21-2720(A)(3).
(D) No owner, operator, or marketer may be issued a permit by the commission for machines pursuant to Section 12-21-2720(A)(3) unless the owner, operator, or marketer has been a resident of the State for two years. The commission shall require a statement of residency to be filed with the commission as part of the application process for permits issued under Section 12-21-2720(A)(3) on forms and in a manner the commission considers appropriate.
(E) It is unlawful to operate machines licensed under Section 12-21-2720(A)(3) between the hours of midnight Saturday night and six o'clock a.m. Monday morning.
(F) A person violating subsections (A), (B), (D), or (E) of this section is subject to a fine of up to five thousand dollars to be imposed by the commission. The commission, upon a determination that the violation is wilful, may refer the violation to the Attorney General or to the appropriate circuit solicitor for criminal prosecution, and, upon conviction, the person must be fined not more than ten thousand dollars or imprisoned not more than two years, or both. The commission shall revoke the licenses of any person issued pursuant to the provisions of Article 19 of this chapter for a violation of subsection (C) of this section. Revocation is pursuant to the procedures set forth in Section 12-54-90."
B. Section 16-1-10 of the 1976 Code is amended by including the felonies created by the Video Game Machines Act.
C. The 1976 Code is amended by adding:
"Section 12-21-2703.No coin-operated machine licensed under the provisions of Section 12-21-2720(A)(3) may be operated at a location unless the location is licensed pursuant to the provisions of Chapter 36 of Title 12."
D. Section 12-21-2720 of the 1976 Code, as last amended by Part II, Section 10B, Act 501 of 1992, is further amended by adding:
"(C) In addition to any fees set forth under subsection (A)(3), there is imposed a one-time nonrefundable fee of five hundred dollars on all licenses issued on such machines for the period between July 1, 1993, and June 30, 1995. The revenue from this fee must be placed in a special account and used exclusively for the purpose of monitoring these machines on a twenty-four hour a day basis. The Tax Commission is responsible for administering this account and implementing, through regulations as approved by the General Assembly, its requirements."
E. Section 12-21-2726 of the 1976 Code, as last amended by Part II, Section 3D, Act 170 of 1987, is further amended to read:
"Section 12-21-2726.Every person who maintains for use or permits the use of, on a place or premises occupied by him, a machine subject to the license imposed by this article by way of proof of licensing must have a current license displayed conspicuously on the front of the machine. Except for the provisions of Sections 12-21-2774 and 12-21-2776, each machine licensed pursuant to this section must be operated in a stand-alone fashion and may not be linked in any way to another coin-operated machine or device."
F. Section 12-21-2738 of the 1976 Code is amended to read:
"Section 12-21-2738.A person who fails, neglects, or refuses to comply with the terms and provisions of this article or who fails to attach the required license to any machine, apparatus, billiard, or pocket billiard table, as herein required, is subject to a penalty of fifty dollars for each failure, and the penalty must be assessed and collected by the commission.
If the violation under this section relates to a machine licensed pursuant to Section 12-21-2720(A)(3), the applicable penalty amount is two thousand five hundred dollars, no part of which may be suspended, and one-half of this penalty must be deposited to the credit of the general fund of the State and one-half must be retained by or forwarded to the law enforcement or administrative agency charging the violation."
G. The cash payouts authorized by Section 16-19-60 of the 1976 Code relating to coin-operated devices may only be continued in any county in South Carolina after June 30, 1995, if a majority of the qualified electors of the county voting in a statewide referendum at the time of the 1994 general election vote in favor of the continued regulation and issuance of these licenses. The State Election Commission must place the question contained herein on the general election ballot in November, 1994. The state election laws shall apply to the referendum, mutatis mutandis. The State Board of Canvassers shall publish the results of the referendum within each county and certify them to the Secretary of State. If the result of this referendum is not in favor of a continuation of cash payouts for credits earned on coin-operated devices within the county, Section 16-19-60 of the 1976 Code shall not apply within such county after July 1, 1995.
If a majority of the qualified electors within a county vote to terminate cash payoffs for credits earned on
coin-operated devices after July 1, 1995, the Tax Commission shall refund to any person holding a license
for the operation of coin-operated devices, on a pro-rata basis, the portion of any license fees previously
paid the commission for licenses which extend beyond July 1, 1995.
The question put before the voters shall read as follows:
"Shall cash payouts for credits earned on coin-operated video game machines remain legal and subject to licensure and regulation by the State of South Carolina after June 30, 1995?"
H. In addition to the referendum to be held at the 1994 general election, counties are authorized to hold a referendum to determine whether or not cash payoffs provided for under Section 16-19-60 of the 1976 Code relating to coin-operated devices shall be authorized. The counties are authorized to hold such a referendum in the manner provided in this section except that no such referendum may be held until the 1998 general election and may also be held in subsequent general elections as provided herein.
(1) The referendum must be held:
(a) upon the passage of an ordinance of the governing body of a county providing for a referendum if the ordinance is passed at least ninety days before a general election; or
(b) upon a petition so requesting filed with the county election commission more than ninety days before the general election containing the signatures of at least ten percent, but not more than two thousand five hundred, of the qualified electors of the county as of the time of the preceding general election.
(2) In any county in which cash payoffs are authorized by Section 16-19-60 of the 1976 Code relating to coin-operated devices at the time of the referendum provided for in this section, the question put before the voters shall read as follows:
"Shall cash payoffs for credits earned on coin-operated video game machines remain legal and subject to licensure and regulation by the State of South Carolina?"
(3) In any county in which, at the time of the referendum provided for in this section, cash payoffs as provided for by Section 16-19-60 of the 1976 Code relating to coin-operated devices are not authorized, the question put before the voters shall read as follows:
"Shall cash payoffs for credits earned on coin-operated video game machines be allowed and subject to licensure and regulation by the State of South Carolina?"
(4) If the result of the referendum provided for in this section is not in favor of a continuation of cash payoffs for credits earned on coin-operated devices within the county, Section 16-19-60 of the 1976 Code shall not apply within the county after July first of the year following the referendum.
(5) If the results of the referendum provided for in this section are to authorize cash payoffs relating to coin-operated devices, Section 16-19-60 shall apply within such county after January first of the year following the referendum.
(6) The state election laws apply to the referendum provided in this section, mutatis mutandis.
(7) If a majority of the qualified electors within a county vote to terminate cash payoffs for credits earned on coin-operated devices, in a referendum as authorized in this section, the Tax Commission shall refund to any person holding a license for the operation of coin-operated devices on a pro rata basis, the portion of any license fees previously paid the commission for licenses which extend beyond July first of the year after the referendum.
I. This section takes effect July 1, 1993.
TO AMEND SECTION 56-5-4160 OF THE 1976 CODE, RELATING TO PENALTIES FOR EXCESS TRUCK WEIGHTS, SO AS TO REDUCE THE FINE UNDER CERTAIN CIRCUMSTANCES, TO INCREASE THE PENALTIES FOR VIOLATIONS OF GROSS WEIGHT LIMITATIONS, TO PROVIDE THAT IN CERTAIN INSTANCES THE FINE IMPOSED MUST BE EQUAL TO ONE-HALF THE RATE FOR VEHICLES TRANSPORTING RAW FARM OR FOREST PRODUCTS TO THE FIRST MARKET OR TO SPECIALLY DESIGNED GARBAGE TRUCKS, AND TO PROVIDE FOR THE PAYMENT OF FINES AND ADDITIONAL USES FOR MONIES COLLECTED.
A. Section 56-5-4160 of the 1976 Code is amended to read:
"Section 56-5-4160. (A) An officer or agent of the department having reason to believe that the weight of a vehicle and load is unlawful may require the driver to stop and submit to a weighing of the vehicle and load either by means of portable or stationary scales and may require that the vehicle be driven to the nearest public scales. Whenever an officer upon weighing a vehicle and load determines that the weight is unlawful, he may require the driver to stop the vehicle in a suitable place and remain standing until the portion of the load necessary to reduce the axle weight, or gross weight of the vehicle, or both to the limits permitted under this chapter is removed. All material unloaded must be cared for by the owner or operator of the vehicle at his own risk. In determining whether the limits established by Section 56-5-4130 or 56-5-4140 have been exceeded, the scaled weights of the gross weight of vehicles and combinations of vehicles are considered to be not closer than ten percent to the true gross weight, except as otherwise provided in Section 56-5-4140.
(B) A person who operates a vehicle on a public highway whose axle weight is in excess of the limits imposed by Section 56-5-4130 or 56-5-4140 is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days, or both. If a vehicle does not exceed the gross weight limits provided for by this article, and the axle weight limits are not exceeded by more than five percent including enforcement tolerances, the fine imposed is twenty-five dollars.
(C) A person who operates a vehicle found to exceed the excess gross weight limitations imposed by
Section 56-5-4130 or 56-5-4140 is guilty of a misdemeanor and, upon conviction, shall pay to the
department a fine based on the following scale:
POUNDS OF EXCESS AMOUNT OF FINE WEIGHT IN DOLLARS (1) 1 - 1500 lbs.: $ 25.00 (2) 1501 - 2500 lbs.: 45.00 (3) 2501 - 3500 lbs.: 60.00 (4) 3501 - 4250 lbs.: 135.00 (5) 4251 - 5250 lbs.: 180.00 (6) 5251 - 6250 lbs.: 300.00 (7) 6250 - 7250 lbs.: 460.00 (8) 7251 - 8250 lbs.: 600.00 (9) 8251 - 10250 lbs.: 700.00 (10) 10251 - lbs. and over: 10 cents for each pound
The fine imposed pursuant to items (1), (2), (3), (4), (5) and (6) must be equal to one-half the rate for vehicles transporting raw farm or forest products from the farm or forest to the first market, or by fully enclosed motor vehicles designed specifically for collecting, compacting, and hauling garbage from residences or from garbage dumpsters when operating for those purposes.
If the operator of the vehicle, upon conviction, fails to remit the fine imposed by this subsection to the department, the owner of the vehicle is responsible for remitting the fine. The court is prohibited from suspending any portion of this fine.
(D) At the time that a uniform size and weight citation is issued pursuant to this section, the officer or agent who is authorized to issue the citation must inform the individual receiving the citation that he has the option, at that time, to elect to pay his fine directly to the department or to receive a hearing in magistrates court. If the individual at the time the citation is issued elects to pay his fine directly to the department within fourteen days, as specified on the citation, no assessments may be added to the original fine pursuant to this section. The fine may be deposited with the arresting officer or a person the department may designate. The fine must be deposited in full or other arrangements satisfactory to the department for payment must be made before the operator is allowed to move the vehicle. If there is no conviction, the fine must be returned to the owner promptly.
(E) Magistrates have jurisdiction of all contested violations of this section. All monies collected pursuant to Section 56-5-4160 must be forwarded to the department as provided for in this section. A magistrate, within forty-five days, must forward all monies collected to the department for deposit in the state highway fund. Of the monies collected pursuant to subsection (B), the department shall use these monies to establish and maintain an automated data base to collect, manage, and retain information required on the uniform size and weight citation, purchasing portable scales, upgrading and refurbishing existing weigh stations, including adequate night lighting for enforcement activities, and other safety measures that the department considers necessary. The fine may be deposited with the arresting officer or a person the department may designate. The fine must be deposited in full or other arrangements satisfactory to the department for payment must be made before the operator is allowed to move the vehicle. If there is no conviction, the fine must be returned to the owner promptly.
`Conviction', as used in this section, also includes the entry of a plea of guilty or nolo contendere and the forfeiture of bail or collateral deposited to secure a defendant's presence in the court.
If the fine is not paid in full to the department within forty-five days after conviction, the license and registration of the vehicle found to exceed the limits imposed by Section 56-5-4130 or 56-5-4140 must be suspended. The owner of the vehicles immediately shall return the license and registration of the vehicle to the department. If a person fails to return them as provided in this section, the department may secure possession of them by a commissioned trooper. The suspension continues until the fine is paid in full.
(F) The department shall provide a separate uniform citation to be used by the Size and Weight Division. The uniform citation must be used for all size and weight violations which the Size and Weight Division primarily is responsible for enforcing.
(G) The issuance of a uniform citation to the operator of a vehicle for a violation of this section constitutes notice to the owner of the violation. The uniform citation must include the following language in bold letters to be printed across the bottom of the citation `THE ISSUANCE OF SIZE AND WEIGHT UNIFORM CITATION TO THE OPERATOR OF A VEHICLE CONSTITUTES NOTICE TO THE OWNER OF A SIZE AND WEIGHT VIOLATION'."
B. This section takes effect July 1, 1993.
TO AMEND THE 1976 CODE BY ADDING SECTION 56-3-195 SO AS TO PROVIDE THAT BEGINNING JULY 1, 1994, EACH COUNTY SHALL MAIL MOTOR VEHICLE REGISTRATION AND LICENSING NOTICES TO THE OWNERS OF VEHICLES IN THAT COUNTY, AND TO PROVIDE FOR THE PROCEDURES TO BE FOLLOWED TO ACCOMPLISH SAME; BY ADDING SECTIONS 56-3-251 AND 56-3-253 SO AS TO REQUIRE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO DEVELOP A DECAL AND PROVIDE FOR RELATED REQUIREMENTS AND PENALTIES, BIENNIAL REGISTRATION OF MOTOR VEHICLES, AND REQUIREMENTS WHEN DELINQUENT PROPERTY TAXES ARE OWED ON A VEHICLE INCLUDING SUSPENSION OF THE VEHICLE'S REGISTRATION AND LICENSING AND THE OWNER'S DRIVER'S LICENSE; TO AMEND SECTION 56-3-350, RELATING TO THE REFUSAL BY THE DEPARTMENT TO REGISTER AND LICENSE OR TRANSFER REGISTRATION, SO AS TO FURTHER PROVIDE FOR THOSE CIRCUMSTANCES UNDER WHICH REFUSAL IS AUTHORIZED; TO AMEND SECTION 56-3-376, AS AMENDED, RELATING TO THE SYSTEM OF REGISTRATION, SO AS TO DELETE REFERENCES TO A REPEALED SECTION, CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL, AND REVISE THE REGISTRATION FEES AND PERIOD; TO AMEND SECTION 56-3-377, RELATING TO THE EXPIRATION OF REGISTRATION, SO AS TO DELETE THE REFERENCE TO A REPEALED SECTION AND CHANGE THE REFERENCE TO ANNUAL TO BIENNIAL, AND THE EXPIRATION FROM TWELVE TO TWENTY-FOUR MONTHS; TO AMEND SECTION 56-3-385, RELATING TO EXTENSION OF THE DEADLINE FOR LICENSE PLATES AND STICKERS, SO AS TO CHANGE THE REFERENCE TO ANNUAL TO BIENNIAL; TO AMEND SECTION 56-3-420, RELATING TO REGISTRATION AND LICENSING OF AUTOMOBILE UTILITY TRAILERS, SO AS TO FURTHER PROVIDE FOR CERTAIN AUTHORIZATION TO REFUSE REGISTRATION AND LICENSING; TO AMEND SECTION 56-3-610, RELATING TO THE PAYMENT FOR REGISTRATION AND LICENSING, SO AS TO CHANGE THE REFERENCE TO ANNUAL TO BIENNIAL; TO AMEND SECTION 56-3-620, RELATING TO THE REGISTRATION FEES FOR CERTAIN VEHICLES, AND SECTION 56-3-640, RELATING TO REGISTRATION AND LICENSE FEES FOR COMMON CARRIER PASSENGER VEHICLES, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL AND REVISE THE FEES; TO AMEND SECTION 56-3-660, AS AMENDED, RELATING TO FEES, REGISTRATION, AND LICENSING FOR SELF-PROPELLED PROPERTY CARRYING VEHICLES, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL, CHANGE THE REGISTRATION AND LICENSING PERIOD, AND REVISE THE FEES; TO AMEND SECTION 56-3-670, RELATING TO SPECIAL FARM VEHICLE LICENSES FOR FARM TRUCKS, SECTION 56-3-700, RELATING TO REGISTRATION FEES FOR TRAILERS, SEMITRAILERS, AND POLE TRAILERS, SECTION 56-3-710, RELATING TO REGISTRATION FEES FOR HOUSE TRAILERS, SECTION 56-3-720, RELATING TO REGISTRATION FEES FOR CAMPERS AND TRAVEL TRAILERS, SECTION 56-3-740, RELATING TO REGISTRATION FEES FOR TRACKLESS TROLLEY BUSES, SECTION 56-3-750, RELATING TO REGISTRATION AND LICENSE FEES FOR SPECIAL MOBILE EQUIPMENT VEHICLES, AND SECTION 56-3-760, RELATING TO REGISTRATION FEES FOR MOTORCYCLES AND MOTOR-DRIVEN CYCLES, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL AND REVISE THE FEES; TO AMEND SECTION 56-3-770, RELATING TO REGISTRATION AND LICENSE FEES FOR MOTOR VEHICLES WITH SOLID TIRES, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL; TO AMEND SECTION 56-3-780, RELATING TO PERMANENT LICENSE PLATES FOR STATE POLITICAL SUBDIVISION AND CIVIL AIR PATROL MOTOR VEHICLES, SO AS TO CHANGE THE REFERENCE TO ANNUAL TO BIENNIAL AND REVISE THE FEES; TO AMEND SECTION 56-3-900, RELATING TO REFUNDS OF REGISTRATION AND LICENSE FEES, SO AS TO INCLUDE BIENNIAL REGISTRATION; TO AMEND SECTION 56-3-1230, RELATING TO SPECIFICATIONS FOR LICENSE PLATES AND REVALIDATION STICKERS, SO AS TO CHANGE THE REFERENCE TO ANNUAL TO BIENNIAL; TO AMEND SECTIONS 56-3-1510, 56-3-1520, AND 56-3-1530, RELATING TO SPECIAL LICENSE PLATES FOR AMATEUR RADIO OPERATORS, SO AS TO CHANGE THE REFERENCE TO ANNUAL TO BIENNIAL, REVISE THE REGISTRATION FEES, AND CHANGE THE REFERENCE TO THE LICENSING PERIOD; TO AMEND SECTIONS 56-3-1610 AND 56-3-1630, RELATING TO SPECIAL LICENSE PLATES FOR EMERGENCY MEDICAL TECHNICIANS, SECTIONS 56-3-1750 AND 56-3-1760, RELATING TO SPECIAL LICENSE PLATES FOR MEMBERS OF THE UNITED STATES MILITARY RESERVE, AND SECTION 56-3-1820, RELATING TO SPECIAL LICENSE PLATES FOR MEMBERS OF THE NATIONAL GUARD, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL AND REVISE THE REGISTRATION FEES; TO AMEND SECTIONS 56-3-2010 AND 56-3-2020, RELATING TO SPECIAL PERSONALIZED LICENSE PLATES FOR CERTAIN PERSONS, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL, REVISE THE REGISTRATION FEES, AND CHANGE THE REFERENCE TO THE LICENSING PERIOD; TO AMEND SECTIONS 56-3-2150 AND 56-3-2160, RELATING TO SPECIAL LICENSE PLATES FOR THE TRANSPORTATION OF HOUSE TRAILERS, SECTIONS 56-3-2810 AND 56-3-2820, RELATING TO SPECIAL LICENSE PLATES FOR VOLUNTEER FIREMEN, AND SECTIONS 56-3-3310 AND 56-3-3320, RELATING TO SPECIAL LICENSE PLATES FOR RECIPIENTS OF THE PURPLE HEART, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL AND CHANGE THE LICENSING PERIOD; TO AMEND SECTION 56-3-3710, RELATING TO SPECIAL LICENSE PLATES WITH COLLEGE OR UNIVERSITY EMBLEMS, SECTION 56-3-3910, RELATING TO SPECIAL LICENSE PLATES COMMEMORATING THE STATE DANCE, AND SECTION 56-3-3950, RELATING TO SPECIAL "KEEP SOUTH CAROLINA BEAUTIFUL" LICENSE PLATES, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL, REVISE THE REGISTRATION FEES, AND CHANGE THE LICENSING PERIOD; TO REPEAL SECTION 56-3-375 RELATING TO THE REGISTRATION SCHEDULE FOR MOTOR VEHICLES; TO AMEND SECTIONS 12-37-2610, 12-37-2620, 12-37-2650, 12-37-2660, 12-37-2680, AND 12-37-2725, RELATING TO THE ASSESSMENT AND COLLECTION OF PROPERTY TAXES ON VEHICLES, SO AS TO FURTHER PROVIDE FOR THIS ASSESSMENT AND COLLECTION IN CONFORMITY WITH THE BIENNIAL REGISTRATION AND LICENSING OF VEHICLES; AND TO REPEAL SECTIONS 12-37-2670 AND 12-37-2700 RELATING TO PROPERTY TAXES ON VEHICLES.
A. The 1976 Code is amended by adding:
"Section 56-3-195. (A) Beginning on July 1, 1994, each county shall mail motor vehicle registration and licensing renewal notices to the owners of vehicles in the county as determined by the Division of Motor Vehicles of the department no later than forty-five days before expiration of the registration. The renewal notices, including the fees upon completion, may be returned to that county which shall transmit the renewal notices to the department for processing and which shall transmit the fees to the appropriate state fund as provided by law within seven days of receipt.
(B) Each county shall have access to the motor vehicle registration and licensing records of the department as applicable to the county in the manner the county and department agree for the purpose of the county performing the functions required in subsection (A).
(C) Counties must not be charged online access network fees for driver and vehicle information.
(D) The department will fund the startup costs for counties not to exceed a total of one million dollars inclusive to all counties. The start-up cost includes hardware, software, training, and other associated costs all of which must be approved by the department.
Section 56-3-251. (A) The Department of Highways and Public Transportation shall issue biennial license plates or revalidation decals based upon Section 56-3-253. Upon electronic notification from the county treasurer or county tax collector that personal property taxes have been paid for the second year of the biennial registration, the department shall mail to the vehicle owner a validation decal for the second year of the biennial registration period.
Upon electronic notification from the county treasurer or county tax collector to the department that the taxes have not been paid on a vehicle, the department shall suspend the vehicle registration and license plate, and driver's license, if provided a driver's license number, of the vehicle owner.
(B) All validation decals must be issued for a period not to exceed twelve months.
Section 56-3-253. (A) Vehicles required by Chapter 3 of Title 56 to be registered biennially must be assigned registration periods as provided in this section.
(1) Upon the first reregistration of the vehicles by the department after the effective date of the implementation of biennial licensure, a biennial registration period must be implemented as follows:
(a) Vehicles whose license plates end in:
(i) an even number and expire between July 1, 1993, and December 31, 1993, shall obtain a biennial registration;
(ii) an even number and expire between January 1, 1994, and June 30, 1994, shall reregister their vehicles for one year. At the end of this time they shall reregister their vehicles for two years and biennially after that time;
(iii) an odd number and expire between July 1, 1993, and December 31, 1993, shall register their vehicles for one year. At the end of that time they shall reregister their vehicles for two years and biennially after that time;
(iv) an odd number and expire between January 1, 1994, and June 30, 1994, shall obtain a biennial registration;
(v) all special license plates must obtain a biennial registration upon renewal, except that official plates such as Legislative, Judicial, Commission, and Congressional must be renewed annually for one-half the biennial fee.
(2) Registrations are valid until the last day of the month in which the registration expires.
(B) After June 30, 1994, vehicles must be registered and licensed for twenty-four consecutive months, and registrations expire the last day of the month. The registration and license must be renewed biennially upon application by the owner and payment of fees required by law to take effect on the first day of the month following the expiration of the registration and license to be renewed. This section does not prevent the department from refusing to license a vehicle."
B. Section 56-3-350 of the 1976 Code is amended to read:
"Section 56-3-350.The department shall refuse to register and license or transfer registration
upon one or more of the following grounds:
(1) The application contains a false or fraudulent statement or the applicant has not
furnished required information or reasonable additional information requested by the department.
(2) The vehicle is mechanically unfit or unsafe to be operated or moved upon the highways.
(3) The department has reasonable ground to believe the vehicle is stolen or the registration and licensing or transfer is a fraud against the rightful owner of the vehicle.
(4) The registration and license of the vehicle is canceled, suspended, or revoked as provided in this chapter or other motor vehicle laws of this State.
(5) The required fee has not been paid.
(6) For a vehicle purchased outside this State, satisfactory evidence of payment of the South Carolina use tax has not been presented."
C. Section 56-3-376 of the 1976 Code, as last amended by Act 148 of 1991, is further amended to read:
"Section 56-3-376.All vehicles except those vehicles designated in Section 56-3-780 are designated as distinct classifications and must be assigned an annual registration period as follows:
Classification (1). Vehicles for which the annual registration fee is one-hundred and sixty dollars or more. The department may register and license a vehicle for which the biennial registration fee is one-hundred and sixty dollars or more (a) for an annual or one-year period beginning on April first and ending on March 31 of the next year upon application to the department by the owner and the payment of one-half the specified biennial fee or (b) for a semiannual or one-half year beginning on April first and ending on September thirtieth of the same year upon application to the department by the owner and the payment of one-fourth of the specified biennial fee. The license and registration fee for vehicles in this classification which are registered for the remaining twenty-three months or less of the twenty-four-month license years ending on March thirty-first or the remaining eleven months of the twelve month license year ending on March thirty-first or the remaining five months or less for the one-half period ending on September thirtieth is the proportionate part of the specified biennial fee for the remainder of the two-year or one-year or one-half year based on one-twenty-fourth of the specified twenty-four-month fee for each month or part of a month remaining in the registration and license period or year or one-half year. Annual or one-year registrations and licenses expire at midnight on the last day of the twelfth month for the period for which they were issued. Semiannual or half-year registrations and licenses for the first period from April first to September thirtieth expire at midnight on September thirtieth of the same year and no person shall drive, move, or operate a vehicle upon a highway after the expiration of the registration and license until the vehicle is registered and licensed for the then current period. Trucks, truck tractors, or road tractors having a load capacity of not more than one ton with an empty or unloaded weight of over four thousand pounds, and trucks, truck tractors, or road tractors with a load capacity of not more than two tons and with an empty or unloaded weight of over four thousand pounds also must be placed in this classification but may not be registered for less than a full biennial period.
Classification (2). Other vehicles. All other vehicles except those vehicles described in Section 56-3-375 and classification (1) of this section are assigned a biennial registration which begins on December first of each year and expires on November thirtieth of the second year except those vehicles defined in Section 56-3-700 whose registration begins on April first of each year and expires on March thirty-first of the second year."
D. Section 56-3-377 of the 1976 Code is amended to read:
"Section 56-3-377.All vehicles described in Section 56-3-210 must be assigned a biennial registration period which expires twenty-four months from the month in which the registration first was issued."
E. Section 56-3-385 of the 1976 Code is amended to read:
"Section 56-3-385.When the last day of a month on which a person may obtain his biennial motor vehicle license plate or renewal sticker without penalty falls on a Saturday, Sunday, or state holiday, the person has until the end of the next working day immediately following that Saturday, Sunday, or state holiday to obtain his license plate or renewal sticker without penalty."
F. Section 56-3-420 of the 1976 Code is amended to read:
"Section 56-3-420.The department shall refuse to license and register an automobile utility trailer if one or more of the following apply:
(1) The required fee is not paid.
(2) The application contains a false or fraudulent statement.
(3) The applicant fails to furnish information, documents, or additional information the department reasonably requires."
G. Section 56-3-610 of the 1976 Code is amended to read:
"Section 56-3-610.The owner of every motor vehicle, trailer, semitrailer, pole trailer, and special mobile equipment vehicle required to be registered and licensed under this chapter shall pay to the department at the time of registering and licensing the vehicle and biennially after that time registration and license fees as set forth in this article."
H. Section 56-3-620 of the 1976 Code is amended to read:
"Section 56-3-620. (A) For persons sixty-five years of age or older, or persons who are handicapped, as defined in Section 56-3-1950, the biennial registration fee for every private passenger-carrying vehicle is twenty dollars.
(B) Beginning July 1, 1987, for persons under the age of sixty-five years the biennial registration fee for every private passenger-carrying vehicle is twenty-four dollars.
(C) For persons sixty-five years of age or older, the biennial registration fee for a property-carrying vehicle with a gross weight of five thousand pounds or less is thirty dollars."
I. Section 56-3-640 of the 1976 Code is amended to read:
"Section 56-3-640. (A) For every common carrier passenger vehicle the biennial registration and license fee is according to weight:
(1) not over 2000 pounds: $18.00;
(2) 2001 to 2500 pounds: $24.00;
(3) 2501 to 3000 pounds: $30.00;
(4) 3001 to 3500 pounds: $36.00;
(5) 3501 to 4000 pounds: $42.00;
(6) 4001 to 4500 pounds: $48.00;
(7) 4501 to 5000 pounds: $54.00;
(8) over 5000 pounds: $54.00 plus $6.00 for each 500 pounds' weight or fraction over 5000 pounds.
(B) The department must include in this classification every motor vehicle, trailer, or semitrailer designed, used, or maintained for the transportation of persons for compensation as a regular business. This classification does not include a trackless trolley bus.
(C) The manufacturer's rating on the weight of a vehicle must be accepted as the weight of the vehicle
for the purpose of fixing the license fee under this section."
J. Section 56-3-660 of the 1976 Code, as last amended by Act 384 of 1992, is further
amended to read:
"Section 56-3-660. (A) The determination of gross vehicle weight to register and license self-propelled property carrying vehicles is the empty weight of the vehicle or combination of vehicles and the heaviest load to be transported by the vehicle or combination of vehicles as declared by the registered owner. All determinations of weight must be made in units of one thousand pounds or major fraction of one thousand pounds. The declared gross vehicle weight applies to all self-propelled property carrying vehicles operating in tandem with trailers or semitrailers except that the gross weight of a trailer or semitrailer is not required to be included when the operation is to be in tandem with a self-propelled property carrying vehicle licensed for six thousand pounds or less gross weight, and the gross vehicle weight of the combination does not exceed nine thousand pounds. The department may register and license a vehicle of this classification for which the biennial registration and license fee is one-hundred and sixty dollars or more for an annual or one year period beginning on April first and ending on March 31 of the next year upon application to the department by the owner and the payment of one-half the specified biennial fee or for a semiannual or one-half year beginning on April first and ending on September thirtieth of the same year upon application to the department by the owner and the payment of the appropriate fees. The registration and license fee for vehicles in this classification which are registered for the remaining twenty-four months or less of the twenty-four month biennial period or for the eleven months or less of the twelve-month year ending on March thirty-first or the remaining five months or less for the one-half period ending on September thirtieth is the proportionate part of the specified biennial fee for the remainder of the twenty-four month period or year or one-half year based on one twenty-fourth of the specified twenty-four-month fee for each month or part of a month remaining in the biennial registration period or license year or one-half year. No proportionate fee may be reduced lower than ten dollars. A person making application for a registration and license for a motor vehicle of this classification shall declare the true unloaded or empty weight of the vehicle.
(B) The biennial fees for the gross vehicle weight are :
(1) not over 4,000 pounds: $30.00;
(2) 4,001 to 5,000 pounds: $40.00;
(3) 5,001 to 6,000 pounds: $60.00;
(4) 6,001 to 7,000 pounds: $70.00;
(5) 7,001 to 8,000 pounds: $80.00;
(6) 8,001 to 9,000 pounds: $90.00;
(7) 9,001 to 10,000 pounds: $100.00;
(8) 10,001 to 11,000 pounds: $110.00;
(9) 11,001 to 12,000 pounds: $120.00;
(10) 12,001 to 13,000 pounds: $130.00;
(11) 13,001 to 14,000 pounds: $140.00;
(12) 14,001 to 15,000 pounds: $150.00;
(13) 15,001 to 16,000 pounds: $184.00;
(14) 16,001 to 17,000 pounds: $195.50;
(15) 17,001 to 18,000 pounds: $207.00;
(16) 18,001 to 19,000 pounds: $218.50;
(17) 19,001 to 20,000 pounds: $260.00;
(18) 20,001 to 21,000 pounds: $273.00;
(19) 21,001 to 22,000 pounds: $308.00;
(20) 22,001 to 23,000 pounds: $322.00;
(21) 23,001 to 24,000 pounds: $360.00;
(22) 24,001 to 25,000 pounds: $375.00;
(23) 25,001 to 26,000 pounds: $392.00;
(24) 26,001 to 27,000 pounds: $408.00;
(25) 27,001 to 28,000 pounds: $424.00;
(26) 28,001 to 29,000 pounds: $438.00;
(27) 29,001 to 30,000 pounds: $452.00;
(28) 30,001 to 31,000 pounds: $468.00;
(29) 31,001 to 32,000 pounds: $482.00;
(30) 32,001 to 33,000 pounds: $498.00;
(31) 33,001 to 34,000 pounds: $514.00;
(32) 34,001 to 35,000 pounds: $528.00;
(33) 35,001 to 36,000 pounds: $544.00;
(34) 36,001 to 37,000 pounds: $558.00;
(35) 37,001 to 38,000 pounds: $572.00;
(36) 38,001 to 39,000 pounds: $588.00;
(37) 39,001 to 40,000 pounds: $604.00;
(38) 40,001 to 41,000 pounds: $616.00;
(39) 41,001 to 42,000 pounds: $634.00;
(40) 42,001 to 43,000 pounds: $650.00;
(41) 43,001 to 44,000 pounds: $664.00;
(42) 44,001 to 45,000 pounds: $680.00;
(43) 45,001 to 46,000 pounds: $694.00;
(44) 46,001 to 47,000 pounds: $708.00;
(45) 47,001 to 48,000 pounds: $724.00;
(46) 48,001 to 49,000 pounds: $740.00;
(47) 49,001 to 50,000 pounds: $754.00;
(48) 50,001 to 51,000 pounds: $770.00;
(49) 51,001 to 52,000 pounds: $784.00;
(50) 52,001 to 53,000 pounds: $800.00;
(51) 53,001 to 54,000 pounds: $814.00;
(52) 54,001 to 55,000 pounds: $830.00;
(53) 55,001 to 56,000 pounds: $844.00;
(54) 56,001 to 57,000 pounds: $860.00;
(55) 57,001 to 58,000 pounds: $876.00;
(56) 58,001 to 59,000 pounds: $890.00;
(57) 59,001 to 60,000 pounds: $906.00;
(58) 60,001 to 61,000 pounds: $920.00;
(59) 61,001 to 62,000 pounds: $934.00;
(60) 62,001 to 63,000 pounds: $950.00;
(61) 63,001 to 64,000 pounds: $964.00;
(62) 64,001 to 65,000 pounds: $1,132.00;
(63) 65,001 to 66,000 pounds: $1,148.00;
(64) 66,001 to 67,000 pounds: $1,166.00;
(65) 67,001 to 68,000 pounds: $1,182.00;
(66) 68,001 to 69,000 pounds: $1,200.00;
(67) 69,001 to 70,000 pounds: $1,218.00;
(68) 70,001 to 71,000 pounds: $1,236.00;
(69) 71,001 to 72,000 pounds: $1,336.00;
(70) 72,001 to 73,000 pounds: $1,354.00;
(71) 73,001 to 74,000 pounds: $1,374.00;
(72) 74,001 to 75,000 pounds: $1,392.00;
(73) 75,001 to 76,000 pounds: $1,410.00;
(74) 76,001 to 77,000 pounds: $1,516.00;
(75) 77,001 to 78,000 pounds: $1,538.00;
(76) 78,001 to 79,000 pounds: $1,558.00;
(77) 79,001 to 80,000 pounds: $1,600.00.
No vehicle in excess of 80,000 pounds will be registered.
(C) Notwithstanding other provisions of this chapter, the department may enter into agreement with other states in a registration and license reciprocal agreement known as the international registration plan and the registration and license required in this section may be apportioned for vehicles which qualify and are licensed in accordance with the provisions of the plan. The funds must be deposited in the state highway fund as established in Section 57-11-20 and expended for the law enforcement activities of the department and other purposes provided by law.
(D) A vehicle registered in this State and found to be operating in excess of the gross vehicle weight for which it is currently registered may be impounded by the department until all registration fees, permit fees, or penalties are paid or satisfactory arrangements for payment of the fees and/or penalties to the department have been made.
(E) The department may register an apportionable vehicle for the payment of one-half of this State's portion of the license fee for a vehicle whose portion owed to this State exceeds eight hundred dollars. The department may require any information necessary to complete the transaction.
(F) Upon evidence of reliability in the payment of its obligations, the department may accept the check of a motor carrier company in payment of applicable fees and assessments."
K. Section 56-3-670 of the 1976 Code is amended to read:
"Section 56-3-670. (A) For the purpose of this section `farm truck' is defined as a truck used exclusively by the owner for agricultural, horticultural, and dairying operations or livestock and poultry raising.
(B) The department shall issue to bona fide farmers special farm vehicle licenses for farm trucks for a fee as follows according to the maximum empty weight of the truck:
(1) 5,000 pounds: 4 ton or more: $10.00;
(2) 7,500 pounds: 6 ton or more: $20.00;
(3) 10,500 pounds: 8 ton or more: $30.00;
(4) 12,500 pounds: 10 ton or more: $60.00;
(5) 12,501 pounds and above:
(a) 15 ton or more: $120.00;
(b) 20 ton: $160.00;
(c) 25 ton: $200.00;
(d) 30 ton: $240.00.
(C) A person who certifies to the department that he is a bona fide farmer, is issued a farm license plate for the purpose as defined in this section, and uses the license plate for purposes other than those defined is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days, or both."
L. Section 56-3-700 of the 1976 Code is amended to read:
"Section 56-3-700.For every trailer, semitrailer, or pole trailer, the biennial registration fee is twenty dollars. The department must include in this classification every trailer, semitrailer, or pole trailer designed for carrying property, except house trailers, utility trailers, and boat trailers as otherwise provided in this article. Semitrailers or pole trailers weighing less than five hundred pounds with load capacity of less than one thousand pounds and trailers and semitrailers with an actual unloaded weight of fifteen hundred pounds or less and carrying a load capacity not exceeding twenty-five hundred pounds and which are designed, adapted, and used exclusively for agriculture, horticulture, or livestock-raising operations or for lifting or carrying an implement of husbandry need not be registered or licensed."
M. Section 56-3-710 of the 1976 Code is amended to read:
"Section 56-3-710. For every house trailer the biennial fee is twelve dollars. The department shall classify as a `house trailer' every trailer or semitrailer which is designed, constructed, and equipped as a dwelling, living abode, or sleeping place, permanently or temporarily, and is equipped for use as a conveyance on streets or highways or a trailer or semitrailer of similar nature whose chassis and exterior shell is designed and constructed for use permanently or temporarily for advertising, sales, display, or promotion of merchandise or services or for another commercial purpose, except the transportation of property for hire or the transportation of property for distribution by a private carrier. The department may not license and register a house trailer which exceeds the permissible size limitations prescribed in Sections 56-5-4030, 56-5-4060, and 56-5-4070, but the house trailers permitted to be moved over the highways by the department under special permits issued pursuant to Sections 56-5-4170 to 56-5-4200 shall pay to the department a fee of five dollars a trip."
N. Section 56-3-720 of the 1976 Code is amended to read:
"Section 56-3-720.For every camper or travel trailer the biennial registration fee is ten dollars. The department must include in this classification every trailer not more than thirty-five feet long and eight feet wide primarily equipped, designed, converted, or used for private living quarters by one or more individuals and towed by a motor vehicle. The department shall design a distinctive tag which must be displayed on the exterior of the rear of the trailer in a conspicuous place."
O. Section 56-3-740 of the 1976 Code is amended to read:
"Section 56-3-740.For every trackless trolley bus the biennial registration fee is four hundred dollars for each bus weighing not over fifteen thousand pounds, exclusive of passengers, and for each bus weighing more than fifteen thousand pounds, exclusive of passengers, an additional forty dollars for each additional one thousand pounds of weight or fraction. The department must include under this classification every bus propelled by electric power obtained from overhead trolley wires but not operated upon rails."
P. Section 56-3-750 of the 1976 Code is amended to read:
"Section 56-3-750.For every special mobile equipment vehicle not exempt from the payment of a biennial registration and license fee under Section 56-3-120 the annual registration fee is ten dollars for each vehicle having a gross weight of not more than four thousand pounds, and for every vehicle having a gross weight of more than four thousand pounds, an additional eight dollars for each additional one thousand pounds of weight or fraction over four thousand pounds."
Q. Section 56-3-760 of the 1976 Code is amended to read:
"Section 56-3-760.For every motorcycle or motor-driven cycle the biennial registration fee is ten dollars."
R. Section 56-3-770 of the 1976 Code is amended to read:
"Section 56-3-770. The biennial registration and license fee for every motor vehicle, trailer, semitrailer, pole trailer, or special mobile equipment vehicle equipped with solid tires is double the biennial fee otherwise specified in this article."
S. Section 56-3-780 of the 1976 Code is amended to read:
"Section 56-3-780. (A) Permanent license plates must be issued by the department for all motor vehicles operated by the State or its political subdivisions except as provided in Section 56-3-1710. The license fee, including registration, is two dollars. Permanent plates must bear the words `South Carolina', the number, and a prefix `SG', `CG', or `MG' to designate respectively state government, county government, or municipal government.
(B) All other vehicles operated by the State or its subdivisions and the Civil Air Patrol must be registered and licensed for a biennial fee of two dollars and must be issued plates in accordance with Section 56-3-1710.
(C) Registration and licenses issued under this section are not transferable except to another agency or department of government."
T. Section 56-3-900 of the 1976 Code is amended to read:
"Section 56-3-900. (A) When a vehicle is registered and licensed under this chapter and the required fee is paid but it has not been operated in this State or elsewhere as a vehicle registered and licensed under the laws of this State since the beginning of the registration and license period for which the registration and license fee was paid and a claim is filed with the department for a refund within ninety days after the date of the registration and license and the claim is supported by evidence of nonoperation satisfactory to the department and is accompanied by the return of the registration card and license plates, or satisfactory proof that the card or plates have been lost, the department may make refund to the original payer of the full amount of the biennial registration and license fee.
(B) When a vehicle is registered and licensed under this chapter and the required fee is paid and the vehicle is junked or totally destroyed during the registration and license period for which the fee was paid and a claim is filed with the department for refund within ninety days after the date the vehicle was junked or destroyed and the claim is supported by evidence satisfactory to the department and is accompanied by the return of the registration card and license plates or sufficient proof that the card or plates have been lost, the department may refund the proportionate part of the license and registration fee paid, based on one twelfth of the fee paid for every full calendar month remaining if the vehicle received an annual registration, one twenty-fourth of the fee paid for every full calendar month remaining if the vehicle received a biennial registration, and one-sixth of the fee paid for every full calendar month remaining if the vehicle received a six-month registration in the registration and license period. However, no refund of less than ten dollars may be made under this section.
(C) When a vehicle is sold and is licensed and registered with a South Carolina apportioned license plate and the required fee has been paid, the registrant may apply for a refund of the South Carolina apportioned fee based on the full months remaining in the license period within ninety days of the date of sale. Notification of the sale must be provided to the department along with the license plate and registration card. No refund may be made for less than ten dollars."
U. Section 56-3-1230 of the 1976 Code is amended to read:
"Section 56-3-1230. (A) License plates must be at least six inches wide and not less than twelve inches in length and must show in bold characters the year of registration, serial number, the full name or the abbreviation of the name of the State, and other distinctive markings the department may consider advisable to indicate the class of the weight of the vehicle for which the license plate was issued. The plate must be of a strength and quality to provide a minimum service of five years. A new license plate including personalized and special plates must be provided by the department at intervals the department considers appropriate but at least every six years. License plates issued for vehicles in excess of twenty-six thousand pounds must be issued biennially, and no revalidation sticker may be issued for the plates.
(B) The face of the license plate must be treated completely with a retroreflective material which increases the nighttime visibility and legibility of the plate. The department shall prepare the specifications for the retroreflective material. In those years in which a metal plate is not issued, a revalidation sticker with a distinctive serial number or other suitable means prescribed by the department must be issued and affixed in the space provided on the license plate assigned to the vehicle upon payment of the fee prescribed for registration and licensing, including fees for personalized or special license plates."
V. Section 56-3-1510 of the 1976 Code is amended to read:
"Section 56-3-1510.The department may issue special motor vehicle license plates to persons who hold unrevoked and unexpired amateur radio licenses of a renewable nature issued by the Federal Communications Commission for private motor vehicles registered in the same name. The biennial fee for the special license plates is two dollars in addition to the regular motor vehicle registration fee prescribed by Article 5 of this chapter. Only one set of the special plates may be issued to a person."
W. Section 56-3-1520 of the 1976 Code is amended to read:
"Section 56-3-1520.Applications for special license plates, as authorized under this article, must be made on forms provided by the department, contain proof satisfactory to the department that the applicant holds an unrevoked and unexpired amateur radio license, and state the call letters assigned to the applicant. Applications must be filed with the department by July first for the ensuing licensing period."
X. Section 56-3-1530 of the 1976 Code is amended to read:
"Section 56-3-1530.The special license plates must be of the same size and general design of regular motor vehicle license plates, upon which must be imprinted the official amateur radio call letters of the persons assigned by the Federal Communications Commission. The special plates are for biennial periods November first to October thirty-first."
Y. Section 56-3-1610 of the 1976 Code is amended to read:
"Section 56-3-1610.The department may issue special motor vehicle license plates to
emergency medical technicians for private motor vehicles registered in the name of the technicians. The
biennial fee for the special license plates is thirty dollars in addition to the regular motor vehicle
registration fee prescribed by Article 5 of this chapter. Only one special plate may be issued to a
person."
Z. Section 56-3-1630 of the 1976 Code is amended to read:
"Section 56-3-1630.The special license plates must be of the same size and general design of regular motor vehicle license plates upon which must be imprinted the letters `EMT' and numbers the department may determine. The special plates are for biennial periods November first to October thirty-first."
AA. Section 56-3-1750 of the 1976 Code is amended to read:
"Section 56-3-1750.The South Carolina Department of Highways and Public Transportation may issue a special motor vehicle license plate to active members of the United States Air Force Reserve, United States Army Reserve, United States Coast Guard Reserve, United States Marine Corps Reserve, or United States Navy Reserve who are residents of the State for a private motor vehicle registered in their respective names. The biennial fee for the special license plate is the regular motor vehicle registration fee plus the personalized license plate fee provided by Section 56-3-2020. Only one plate may be issued to a person."
BB. Section 56-3-1760 of the 1976 Code is amended to read:
"Section 56-3-1760.The special license plate must be of the same size and general design as regular motor vehicle license plates. The department shall imprint the special license plates with the words `United States Military Reserve' or an abbreviation selected by the department, with numbers the department may determine. The license plate must be for a biennial period which expires twenty-four months from the month it is issued."
CC. Section 56-3-1820 of the 1976 Code is amended to read:
"Section 56-3-1820.The special license plates must be of the same size and general design of regular motor vehicle license plates upon which must be imprinted `National Guard' and the figure of the `Minute Man' with numbers the department may determine. Special license plates for retired members of the National Guard must denote the member's retired status in the location and manner determined by the department. The biennial fee for the special license plates is thirty dollars in addition to the regular motor vehicle registration fee prescribed by Article 5 of this chapter. The plates must be issued for biennial periods November first to October thirty-first."
DD. Section 56-3-2010 of the 1976 Code is amended to read:
"Section 56-3-2010. (A) The Department of Highways and Public Transportation shall provide, upon proper application being made, special personalized motor vehicle license plates to the owner of a private passenger motor vehicle, trucks having a rated capacity of not more than five thousand pounds empty weight or not more than eight thousand pounds gross vehicle weight, and motorcycles. The personalized plates must be of the design and bear the letters and numerals the department prescribes. However, there may be no duplication of registration plates, except South Carolina members of the United States Congress or members of the South Carolina General Assembly may purchase a maximum of the original and two duplicate registration plates. The department, in its discretion, may refuse the issue of letter combinations which may carry connotations offensive to good taste and decency and may not assign to a person not holding the relevant office letters or numerals denoting the holder to have a public office.
(B) Private passenger motor vehicles and trucks meeting the specifications in subsection (A) must be assigned a biennial registration which expires on a staggered monthly basis. Where a current vehicle license plate currently is displayed, the owner of the vehicle may make application for personalized license plates two months in advance of the current registration expiration. A sticker reflecting the month of expiration of registration must be issued and affixed in the space provided on the license plate assigned to the vehicle. A personalized license plate issued to a motorcycle expires November thirtieth two years after issuance. Every personalized license plate issued to members of the General Assembly and members of licensed state commissions and boards expires January thirty-first each year in which a new session of the General Assembly begins. Every vehicle registration must be renewed biennially upon application by the owner and by payment of the fee required by law to take effect the first day of the month following the expiration of the registration to be renewed."
EE. Section 56-3-2020 of the 1976 Code is amended to read:
"Section 56-3-2020.The fee for the issue of special personalized motor vehicle license plates is thirty dollars biennially in addition to the regular motor vehicle registration fee set forth in Article 5, Chapter 3 of this title. This revenue must be deposited to the State Highway Fund established by Section 57-11-20. The fee is due and payable upon application. The department may not refund the fee if the personalized plate has been manufactured."
FF. Section 56-3-2150 of the 1976 Code is amended to read:
"Section 56-3-2150.The Department of Highways and Public Transportation may issue special motor vehicle license plates to members of municipal and county councils and to county coroners of this State for private motor vehicles registered in their names. The biennial fee for these special license plates is the same as the fee provided in Section 56-3-2020, and only one plate may be issued to a councilman or coroner. The plate must be issued or revalidated biennially for the regular registration and licensing period."
GG. Section 56-3-2160 of the 1976 Code is amended to read:
"Section 56-3-2160.The special plates must be of the same size as regular motor vehicle license plates but must be of a distinctive design and bear those letters and numerals the department prescribes. The plates must be issued or revalidated biennially for the regular registration and licensing period."
HH. Section 56-3-2810 of the 1976 Code is amended to read:
"Section 56-3-2810.The South Carolina Department of Highways and Public Transportation
shall issue special motor vehicle license plates to volunteer firemen who request them in the manner
provided in this article and who are residents of the State for private motor vehicles registered in their
respective names. For the purposes of this article `volunteer firemen' means members of organized units
providing fire protection without compensation being paid to the members of the units for the service
provided and whose membership is certified to the municipal clerk or chairman of the council of the
municipality or county in which their unit is based by the chief officer of the unit concerned. The cost of
the special license plate as determined by the department must be paid biennially by the requesting
volunteer fireman, and only one license plate may be issued to a volunteer fireman. The plate must be
issued upon application in a manner and upon forms prescribed by the department and upon approval of
the application by the department."
II. Section 56-3-2820 of the 1976 Code is amended to read:
"Section 56-3-2820.The special license plates must be of the same size and general design of regular motor vehicle license plates and imprinted with the words `Volunteer Fireman' with numbers the department may determine. The plates are for biennial periods as provided by law."
JJ. Section 56-3-3310 of the 1976 Code is amended to read:
"Section 56-3-3310.The South Carolina Department of Highways and Public Transportation may issue a special motor vehicle license plate to a recipient of the Purple Heart. The biennial fee for the special license plate is the same as the fee provided in Section 56-3-2020, and only one plate may be issued to a person. The application for a special plate must include proof the applicant is a recipient of the Purple Heart."
KK. Section 56-3-3320 of the 1976 Code is amended to read:
"Section 56-3-3320.The special license plates must be of the same size as regular motor vehicle license plates, upon which must be imprinted on the left side of the plates the distinctive Purple Heart insignia with numbers and designs determined by the department. The license plate must be issued for a biennial period which expires twenty-four months from the month in which the special license plate is issued."
LL. Section 56-3-3710 of the 1976 Code is amended to read:
"Section 56-3-3710. (A) The Department of Highways and Public Transportation may issue special motor vehicle license plates to owners of private passenger-carrying motor vehicles or light pickups having an empty weight of five thousand pounds or less and a gross weight of eight thousand pounds or less registered in their names which may have imprinted on the plate an emblem, a seal, or other symbol the department considers appropriate of a public college or university or independent institution of higher learning, defined in Section 59-113-50, located in this State. A school may submit to the department for its approval the emblem, seal, or other symbol it desires to be used for its respective special license plate. A school also may request a change in the emblem, seal, or other symbol not more than once every five years. The fee for this special license plate is seventy dollars every two years in addition to the regular motor vehicle registration fee set forth in Article 5, Chapter 3 of this title. This special license plate must be of the same size and general design of regular motor vehicle license plates. The special license plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued.
(B) The fees collected pursuant to this section must be distributed to a separate fund for each of the respective colleges, universities, or independent institutions of higher learning. Each fund must be administered by the school and may be used only for academic scholarships. Funds collected for state colleges and universities must be deposited with the State Treasurer. Funds collected for independent institutions must be deposited in an account designated by the respective school. The distribution is based on the total number of special license plates sold and on the number sold for the respective school as follows:
(1) one thousand or less total special license plates sold: fifty-two dollars to the department and eighteen dollars to the school for each special license plate sold for the respective school;
(2) more than one thousand and less than two thousand total special license plates sold: forty-two dollars to the department and twenty-eight dollars to the school for each special license plate sold for the respective school;
(3) two thousand or more total special license plates sold: thirty dollars to the department and forty dollars to the school for each special license plate sold for the respective school.
(C) The department shall receive one hundred or more applications requesting a special license plate for a
school before a specialized license plate may be developed for that school."
MM. Section 56-3-3910 of the 1976 Code is amended to read:
"Section 56-3-3910.The department may issue a special commemorative motor vehicle license plate commemorating the fiftieth anniversary of the introduction of the State Dance, the Shag, in 1988. The biennial fee for the commemorative license plate is fifty dollars in addition to the regular motor vehicle registration fee prescribed by Article 5 of this chapter. This license plate must be of the same size and general design of regular motor vehicle license plates. The plate must be issued or revalidated biennially for two years beginning December first and ending November thirtieth twenty-four months later. License number `one' for the Shag license plate is reserved for the president of the Columbia Shag Club in Richland County."
NN. Section 56-3-3950 of the 1976 Code is amended to read:
"Section 56-3-3950.The department may issue a special commemorative `Keep South
Carolina Beautiful' motor vehicle license plate to establish a special fund to be used by the department for
the purposes of beautifying the state's roads and highways. The department, in implementing this
program, may not expend beautification funds for wildflowers without prior approval of the South
Carolina Department of Agriculture. The Department of Agriculture shall ensure, before granting
approval, that the varieties of wildflowers used in beautification are not harmful to agriculture at or near a
proposed project. The biennial fee for the commemorative license plate is fifty-four dollars and of this
amount twenty-four dollars of this fee must be placed in a special `Keep South Carolina Beautiful' fund.
This biennial fee is in addition to the regular motor vehicle registration fee set forth in Article 5, Chapter
7 of this title. The commemorative plate must be of the same size and general design of regular motor
vehicle license plates and must be imprinted with the words `Keep South Carolina Beautiful'. The plates
must be issued or revalidated for a biennial period which expires twenty-four months from the month they
are issued."
OO. Section 56-3-375 of the 1976 Code is repealed.
PP. DELETED.
QQ. Section 12-37-2610 of the 1976 Code is amended to read:
"Section 12-37-2610.The tax year for licensed motor vehicles begins with the last day of the month in which a license required by Section 56-3-110 is issued and ends on the last day of the month in which the license expires or is due to expire, unless the license is for a period of two years. In that case the tax year for motor vehicles for the first year of the two-year licensing period begins with the last day of the month in which a license required by law is issued and ends on the last day of the month on the next anniversary of the issue date of the license. For the second year of the two-year licensing period the tax year for motor vehicles begins with the last day of the month on the anniversary of the issue date of the license and ends on that last day of the month in which the license expires or is due to expire. No license may be issued for motor vehicles until the ad valorem tax is paid for the year for which the license is to be issued. Motor vehicles registered under the International Registration Plan may pay ad valorem property taxes on a semiannual basis. The provisions of this section do not apply to sales of motor vehicles by a licensed motor vehicle dealer that do not involve the transfer of a license plate. Notice of the sales must be furnished to the department along with other documents necessary for the registration and licensing of the vehicle concerned. The notice must be received by the department as a prerequisite to the registration and licensing of the vehicle and must include the name and address of the purchaser, the vehicle identification number, and the year and model of the vehicle. The notice must be an original and one copy, and the copy must be provided by the department to the auditor of the county in which the vehicle is taxable. All ad valorem taxes on a vehicle are due and payable one hundred twenty days from the date of purchase. The notice and the time in which to pay the tax applies to motor vehicles that are serviced and delivered by a licensed motor vehicle dealer for the benefit of an out-of-state dealer."
RR. Section 12-37-2620 of the 1976 Code is amended to read:
"Section12-37-2620.The tax payable on motor vehicles required to be licensed by Section 56-3-110 must be determined for a twelve-month licensing period, except when the license required is for a twenty-four month licensing period. In that case the tax payable on motor vehicles required to be licensed by the department must be determined for a twelve-month tax year for each of the two twelve-month periods contained in the biennial licensure as they respectively occur. If the actual licensing period is less than twelve months for either of the two twelve-month tax years, the tax payable must be that proportion of the above described tax that is equal to the proportion of the number of months that the licensing period is to the twelve month period that is affected."
SS. Section 12-37-2650 of the 1976 Code is amended to read:
"Section 12-37-2650.The auditor shall prepare a tax notice of all vehicles owned by the same person and licensed at the same time for each tax year within the two-year licensing period. A notice must be in four parts and must describe the motor vehicle by name, model, and identification number. The notice must set forth the assessed value of the vehicle, the millage, the taxes due on each vehicle, and the license period or tax year. The notice must be delivered to the county treasurer and it is the treasurer's responsibility to collect or receive payment of the taxes. One copy of the notice must be in the form of a bill or statement for the taxes due on the motor vehicle and, when practical, the treasurer shall mail that copy to the owner or person having control of the vehicle. When the tax is paid, the treasurer shall issue the taxpayer two copies of the paid receipt. One copy must be delivered by the taxpayer to the South Carolina Department of Highways and Public Transportation with the application for the motor vehicle license and the other copy must be retained by the treasurer. The auditor shall maintain a separate duplicate for motor vehicles. No license may be issued without the receipt being attached to the application or a copy of the notification required by Section 12-37-2610 but the county treasurer may, by other means satisfactory to the department, transmit evidence of payment of the tax which must be accepted as evidence of payment. Motor vehicles registered under the International Registration Plan may pay ad valorem property taxes on a semiannual basis, and a proportional receipt must be issued by the treasurer subject to penalties in Section 12-37-2730. The treasurer, tax collector, or other official charged with the collection of ad valorem property taxes in each county may delegate the collection of motor vehicle taxes to banks or banking institutions, if each institution assigns, hypothecates, or pledges to the county, as security for the collection, federal funds or federal, state, or municipal securities in an amount adequate to prevent any loss to the county from any cause. Each institution shall remit the taxes collected daily to the county official charged with the collections. The receipt given to the taxpayer, in addition to the information required in this section and by Section 12-45-70, must contain the name and office of the treasurer or tax collector of the county and must also show the name of the banking institution to which payment was made. The county official charged with the collection of taxes shall send a list of the institutions collecting the taxes to the South Carolina Department of Highways and Public Transportation. Each institution shall certify to the Department that the taxes have been paid, and the Department is authorized to accept certification in lieu of the tax receipt given to the taxpayer if certification contains information required by this section. Tax bills (notices) for county assessed personal property valued in accordance with applicable Tax Commission regulations must include notification of the taxpayer's appeal rights, to include a minimum amount of information of how the taxpayer should file his appeal, to whom, and within what time period."
TT. Section 12-37-2660 of the 1976 Code is amended to read:
"Section 12-37-2660. The Department of Highways and Public Transportation shall furnish to the auditor of each county a listing of license registration applications to be mailed to the owners of motor vehicles in the respective counties. The listings must be furnished to the auditor as soon as possible but not later than ninety days before the expiration of the registration. Listings must be in the form of computer tapes or printouts. The department shall provide notice to the respective counties each month for all vehicles that are licensed the second year of the two-year licensing period. This listing must contain an updating of the prior year's list to denote vehicles in which the license or registration is transferred or canceled."
UU. Section 12-37-2680 of the 1976 Code is amended to read:
"Section 12-37-2680. The assessed value of the vehicle must be determined as of the first day of the month preceding the beginning of the tax year for the vehicles. The assessed values must be published in guides or manuals by the South Carolina Tax Commission and provided to the auditor of each county as often as may be necessary to provide for current values. When the value of any vehicle is not set forth in the guide or manual the auditor shall determine the value from other available information. Any person aggrieved by the valuation of his motor vehicle may appeal to the South Carolina Tax Commission and the Commission may increase, decrease or affirm the value so determined."
VV. Sections 12-37-2670 and 12-37-2700 of the 1976 Code are repealed.
WW. Section 12-37-2725 of the 1976 Code is amended to read:
"Section 12-37-2725. When the title to a licensed vehicle is transferred, the license plate and registration certificate issued the transferor may be returned for cancellation. The license plate and registration certificate must be delivered to the auditor of the county of the vehicle's registration and tax payment. A request for cancellation must be made in writing to the auditor upon forms approved by the Department of Highways and Public Transportation. The auditor, upon receipt of the license plate, registration certificate, and the request for cancellation, shall order and the treasurer shall issue a credit or refund of property taxes paid by the transferor on the vehicle. The amount of the refund or credit is that proportion of the tax paid that is equal to that proportion of the complete months remaining in that tax year. The auditor, within five days thereafter, shall deliver the license plate, registration certificate, and the written request for cancellation to the Department of Highways and Public Transportation. Upon receipt, the department shall cancel the license plate and registration certificate and may not reissue the same."
XX. This section takes effect July 1, 1993, provided that the provisions of this section pertaining to counties mailing motor vehicle registration and licensing renewal notices do not take effect until July 1, 1994.
TO AMEND SECTION 12-27-400, AS AMENDED, OF THE 1976 CODE, RELATING TO THE
DISTRIBUTION AND USE OF THE 2.66 CENTS A GALLON GASOLINE TAX, SO AS TO
PROVIDE THAT NINE AND ONE-HALF MILLION DOLLARS MUST BE TRANSFERRED
ANNUALLY FROM THE STATE HIGHWAY FUND AND ALLOCATED TO "DONOR
COUNTIES" AS ADDITIONAL "C" FUNDS, TO DEFINE "DONOR
COUNTIES" AND PROVIDE THE ALLOCATION METHOD OF THIS ADDITIONAL SUM, TO
REQUIRE AN ADDITIONAL LINE ON SALES, USE, AND LOCAL OPTION SALES AND USE TAX
RETURNS FOR USE BY THE TAX COMMISSION AND THE STATE TREASURER IN
CALCULATING AND DISTRIBUTING THE ADDITIONAL SUM TRANSFERRED, TO PROVIDE
FOR THE USES OF "C" FUND REVENUES, TO PROVIDE FOR A COUNTY
TRANSPORTATION COMMITTEE APPOINTED BY THE COUNTY LEGISLATIVE DELEGATION,
TO PROVIDE THAT ALL "C" FUND EXPENDITURES MUST BE APPROVED BY THE
TRANSPORTATION COMMITTEE AND MADE PURSUANT TO A COUNTYWIDE
TRANSPORTATION PLAN ADOPTED BY THE COMMITTEE AND APPROVED BY THE
DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, TO AUTHORIZE REGIONAL
TRANSPORTATION PLANS, TO PROVIDE THAT TRANSPORTATION PLANS MAY NOT BE
CONSTRUED AS AFFECTING THE PLANS AND IMPLEMENTATION OF THE STATEWIDE
SURFACE TRANSPORTATION PLAN, TO REQUIRE THE COUNTY TRANSPORTATION
COMMITTEE TO ADOPT SPECIFICATIONS FOR LOCAL ROAD PROJECTS PRIOR TO
EXPENDING FUNDS AND PROVIDE SPECIFICATION REQUIREMENTS, TO PROVIDE THAT A
COUNTY TRANSPORTATION COMMITTEE PROVIDING ITS OWN ENGINEERING,
CONTRACTING, AND PROJECT SUPERVISION MAY ELECT TO RECEIVE ITS ALLOCATION
DIRECTLY ON AN ANNUAL BASIS AND PROVIDE THAT THE HIGHWAY COMMISSION SHALL
ADMINISTER THE FUNDS AT A COMMITTEE'S REQUEST, TO REQUIRE PROCUREMENT
PROCEDURES WITH SEALED COMPETITIVE BIDDING AND PUBLIC ADVERTISEMENT FOR
"C" FUND PROJECTS IN COUNTIES ELECTING TO PROVIDE ENGINEERING,
CONTRACTING, AND PROJECT SUPERVISION, TO REQUIRE BIDS ON CONTRACTS IN EXCESS
OF ONE HUNDRED THOUSAND DOLLARS TO BE ACCOMPANIED BY A CERTIFIED BID BOND
AND WORK AWARDED UNDER SUCH CONTRACTS TO BE COVERED BY PERFORMANCE
AND PAYMENT BONDS, TO REQUIRE PUBLICATION OF BID SUMMARIES, AND TO PROVIDE
PROCEDURES FOR ISSUING STATE HIGHWAY BONDS FOR WHICH "C" FUND
REVENUES ARE PLEDGED FOR REPAYMENT.
A. Section 12-27-400 of the 1976 Code, as last amended by Section 23, Part II, Act 171 of 1991,
is further amended to read:
"Section 12-27-400. (A) The monies collected pursuant to the provisions of Section 12-27- 240 must be deposited with the State Treasurer and expended on the State Highway System for construction, improvements, and maintenance, together with any other funds made available for the purpose, must be apportioned among the counties of the State in the following manner:
(1) one-third in the ratio which the land area of the county bears to the total land area of the State;
(2) one-third in the ratio which the population of the county bears to the total population of the State as shown by the latest official decennial census; and
(3) one-third in the ratio which the mileage of all rural roads in the county bears to the total rural road mileage in the State as shown by the latest official records of the Department of Highways and Public Transportation. The Tax Commission shall add a line in the sales, use, and local option sales tax return form for the collection of information regarding the number of gallons of gasoline sold in each county for use in making allocations of "C" funds as provided in this section. The Tax Commission shall submit the percentage of the total represented by each county to the commission by the twenty-fifth day of the month following the end of the calendar quarter.
(B) A county transportation committee that provides its own engineering, contracting, and project supervision may elect to receive its allocation directly from the commission on an annual basis. However, upon request of a county transportation committee, the department must continue to administer the funds allocated to the county.
(C) The funds expended must be approved by and used in furtherance of a countywide transportation plan adopted by a county transportation committee. The transportation committee must be appointed by the county legislative delegation and must be made up of fair representation from municipalities and unincorporated areas of the county. County transportation committees may join in approving a regional transportation plan, and the funds must be used in furtherance of the regional transportation plan. This subsection may not be construed as prohibiting the county legislative delegation from making project recommendations to the transportation committee.
(D) The funds allocated to the county may be used to issue county bonds or state highway bonds as provided in subsection J of this section, pay directly for appropriate projects, and match federal funds available for appropriate projects.
(E) All unexpended `C' funds allocated to a county remain in the account allocated to the county for the succeeding fiscal year and must be expended as provided in this section.
(F) The countywide and regional transportation plans as provided for in this section must be reviewed and approved by the South Carolina Department of Highways and Public Transportation. Prior to the expenditure of funds by the transportation committee, the committee must adopt specifications for local road projects. In counties electing to receive their allocation directly pursuant to subsection (B), specifications of roads built with `C' funds are to be established by the countywide or regional transportation committee. In counties electing to have their funds administered by the department, primary and secondary roads built using `C' funds must meet department specifications.
(G) The provisions of this section may not be construed as affecting the plans and implementation of plans for a Statewide Surface Transportation System as developed by the South Carolina Department of Highways and Public Transportation.
(H) For purposes of this subsection, `donor county' means a county that contributes to the `C' fund an amount in excess of what it receives under the allocation formula as stated in subsection (A) of this section. In addition to the allocation to the counties pursuant to subsection (A) of this section, the department annually shall transfer from the State Highway fund to the donor counties an amount equal to nine and one-half million dollars in the ratio of the individual donor county's contribution in excess of `C' fund revenue allocated to the county under subsection (A) of this section is to the total excess contributions of all donor counties.
(I) In expending funds under this section, counties that elect to provide for engineering, contracting, and project supervision must use a procurement system which requires competitive sealed bids and public advertisement of all projects. All bids for contracts in excess of one hundred thousand dollars must be accompanied by certified bid bonds, and all work awarded under such contracts must be covered by performance and payment bonds for one hundred percent of the contract value. Bid summaries must be published in a newspaper of general distribution following each award.
(J) There are authorized the issuance of state highway bonds for the completion of projects for which `C' funds may be expended for projects as determined by the transportation committee. The applicable source for payment of principal and interest on the bonds is the share of `C' fund revenues available for use by the transportation committee. The application for such bonds must be filed by the transportation committee with the commission and the State Treasurer, which shall in turn forward the application to the State Budget and Control Board which shall consider the application in the same manner that it considers state highway bonds, mutatis mutandis."
B. This section takes effect July 1, 1993. The provisions of Section 12-27-400 of the 1976 Code contained in subsection A of this section regarding the collection and distribution of `C' funds based upon information reported on sales and use tax returns is effective for returns due for months beginning after December, 1993.
TO AMEND THE 1976 CODE BY ADDING ARTICLE 6 TO CHAPTER 21, TITLE 24 SO AS TO PROVIDE FOR A COMPREHENSIVE COMMUNITY CONTROL SYSTEM WITHIN THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES.
A. Chapter 21, Title 24 of the 1976 Code is amended by adding:
Section 24-21-510. The department shall develop and operate a comprehensive community control system if the General Assembly appropriates sufficient funds. The system shall include presentence investigations, community control centers, sentencing options as a condition of probation, and utilize all sentencing options set forth in Chapter 21 of Title 24.
Section 24-21-520. The department shall prepare a presentence investigation on all offenders who are convicted of a crime with a maximum penalty of not less than three years nor more than fifteen years or a class D, E, or F felony or a class A misdemeanor. In all other cases, the judge or the solicitor may require a presentence investigation before sentencing. The presentence investigation must be submitted to the court before sentencing. Every presentence investigation must contain the following:
(1) a recommendation about the suitability of the offender for community supervision under any probation program and any of the sentencing options set forth in Chapter 21 of Title 24;
(2) input received from victims and witnesses;
(3) input received from law enforcement;
(4) a social history for the offender; and
(5) other pertinent information about the offender.
Section 24-21-530. A person may be sentenced in the discretion of the court except that the presentence investigation required in Section 24-21-520 must be received before sentencing. A defendant may not be placed on probation under Section 24-21-480 or 24-21-540 unless the department has recommended the placement.
Section 24-21-540. The department shall develop and operate Community Control Centers for higher risk offenders, if the General Assembly appropriates funds to operate the centers. If the department has recommended the placement, offenders may be placed in a center for not less than thirty days nor more than six months by a judge as a condition of probation or as an alternative to probation revocation, or by the board as a condition of parole or as an alternative to parole revocation. An offender may not be placed in the center for more than six months on the same crime. There must not be consecutive sentencing to a Community Control Center.
Section 24-21-550. A probation term ordered to end upon the payment of fines, court costs, assessments, and restitution must continue until the clerk of court certifies in writing that all monies have been paid, or the probation term has expired, or the expiration of probation has been changed by a subsequent order."
B. This section takes effect July 1, 1993.
TO AMEND SECTION 14-1-210, AS AMENDED, OF THE 1976 CODE, RELATING TO THE ESTABLISHMENT OF A COST OF COURT FEE TO FUND CERTAIN PROGRAMS AND FEES FOR PARTICULAR CONVICTIONS, SO AS TO, AMONG OTHER THINGS, DELETE LANGUAGE AND CHANGE CERTAIN COST OF COURT FEES.
A. Section 14-1-210 of the 1976 Code, as last amended by Part II, Section 38, of Act 171 of 1991, is further amended to read:
"Section 14-1-210. Beginning on July 1, 1985, and continuously after that date, each conviction for an offense against the State must be assessed a cost of court fee to fund programs established pursuant to Chapter 21 of Title 24 and the Shock Incarceration Program as provided in Article 13, Chapter 13 of Title 24. An expenditure of these funds pursuant to this section for an expansion of the Shock Incarceration Program after July 1, 1990, may not impact adversely on programs operating pursuant to Chapter 21 of Title 24.
Every such conviction must, in addition to any other assessments provided by law, be assessed a cost of court fee based on the following schedule:
(1) Every conviction for a nontraffic offense or for driving under the influence of drugs or alcohol or driving under suspension in the magistrates' courts or municipal courts of this State must be assessed a cost of court fee of twenty-five dollars. Every moving traffic offense, except driving under the influence of drugs or alcohol or driving under suspension, in the magistrates' courts or municipal courts of this State must be assessed a cost of court fee of fourteen dollars. Every conviction for nonmoving traffic offense in the magistrates' courts or municipal courts of this State must be assessed a cost of court fee of seven dollars and seventy-five cents. The cost of court fees set forth in this section may not be suspended, except for traffic offenses of an expired tag on a vehicle and an expired inspection sticker. These fees must be collected by the municipal and magistrates' courts regardless of the amount of the fine or bond imposed. No cost of court fee may be assessed in municipal or magistrate's court where a term of imprisonment only is imposed as the punishment.
(2) Every conviction for an offense in the general sessions courts must be assessed:
(a) a cost of court fee of fifty dollars where no criminal fine is imposed; or
(b) an additional twenty-five percent of the total of a criminal fine imposed. No cost of court fee may be assessed in general sessions court where a term of imprisonment only is imposed as the punishment. If a portion of the criminal fine is suspended, the additional twenty-five percent of the total must be based upon the portion of the fine not suspended, but in no event shall the cost of court fee be less than fifty dollars."
B. This section takes effect July 1, 1993.
TO AMEND SECTION 24-21-80 OF THE 1976 CODE, RELATING TO THE REQUIREMENT
THAT PROBATIONERS AND PAROLEES MUST PAY A CERTAIN FEE, DELINQUENCY, AND
EXEMPTION, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN LANGUAGE, REQUIRE
THE PAYMENT OF A REGULAR SUPERVISION FEE, RATHER THAN TWO HUNDRED FORTY
DOLLARS A YEAR, TOWARD OFFSETTING THE COST OF SUPERVISION FOR THE DURATION
OF THE SUPERVISION, CHANGE OTHER FEES, AND PROVIDE, AMONG OTHER THINGS,
THAT THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES MAY
SUBSTITUTE PUBLIC SERVICE EMPLOYMENT FOR SUPERVISION FEES WHEN IT CONSIDERS
THE SAME TO BE IN THE BEST INTEREST OF THE STATE AND THE INDIVIDUAL.
A. Section 24-21-80 of the 1976 Code is amended to read:
"Section 24-21-80.Every person granted parole by the board and every adult placed on probation by a court of competent jurisdiction shall pay a regular supervision fee toward offsetting the cost of his supervision for so long as he remains under supervision. The regular supervision fee must be determined by the department based upon the ability of the person to pay. The fee must be not less than twenty dollars nor more than one hundred dollars per month. The fee is due on the date of sentencing or as soon as determined by the department and each subsequent anniversary for the duration of the supervision period. The department shall remit from the fees collected an amount not to exceed the regular supervision fees collected during fiscal year 1992-93 for credit to the State General Fund. All regular supervision fees collected in excess of the fiscal year 1992-93 amount must be retained by the department, carried forward, and applied to the department's operation. The payment of the fee must be a condition of parole or probation and a delinquency of two months or more in making payments may operate as a revocation of parole or probation rendering the violator liable to serving out any remaining part of his sentence, after determination by the board or the court.
If a probationer is placed under intensive supervision by a court of competent jurisdiction, or if the board places a parolee under intensive supervision, or if an inmate who is participating in the Supervised Furlough Program is placed under intensive supervision, the probationer, parolee, or inmate is required to pay not less than ten dollars nor more than thirty dollars each week for the duration of intensive supervision in lieu of the regular supervision fee. The intensive supervision fee must be determined by the department based upon the ability of the person to pay. Fees derived from persons under intensive supervision must be retained by the department, carried forward, and applied to the department's operation. The department may exempt any individual supervised by the department on any community supervision program from the payment of a part or all of the yearly or weekly fee during any part or all of the supervision period if the department determines that these payments work a severe hardship on the individual. Delinquencies of two months or more in payment of a reduced fee operates in the same manner as delinquencies for the full amount. The department may substitute public service employment for supervision fees when it considers the same to be in the best interest of the State and the individual."
B. This section takes effect July 1, 1993.
TO AMEND SECTION 24-21-960 OF THE 1976 CODE RELATING TO RE-APPLICATION FOR
PARDON AFTER DENIAL, SO AS TO PROVIDE FOR A PARDON APPLICATION FEE.
A. Section 24-21-960 of the 1976 Code is amended to read:
"Section 24-21-960. (A) Each pardon application must be accompanied with a pardon application fee of fifty dollars. The pardon application fee must be retained and applied by the department towards the pardon process.
(B) Any individual who has an application for pardon considered but denied, must wait one year from the date of denial before filing another pardon application and fee."
B. This section takes effect July 1, 1993.
* See note at end of act.
TO AMEND SECTION 1-19-60 OF THE 1976 CODE, RELATING TO THE COMPOSITION OF THE STATE REORGANIZATION COMMISSION, SO AS TO DELETE THE FIVE GUBERNATORIAL APPOINTEES; AND TO AMEND SECTION 1-22-60, RELATING TO THE CONFIDENTIALITY OF CERTAIN RECORDS OF THE COMPLIANCE REVIEW COMMITTEE, STATE REORGANIZATION COMMISSION, AND THE LEGISLATIVE AUDIT COUNCIL, SO AS TO PROVIDE THAT COMPLIANCE REVIEW COMMITTEE MEETINGS MUST BE OPEN TO MEMBERS AND STAFF OF STANDING COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE TO WHICH THE AUDIT WAS ASSIGNED BY THE SPEAKER OF THE HOUSE AND THE PRESIDENT OF THE SENATE.
A. Section 1-19-60 of the 1976 Code is amended to read:
"Section 1-19-60.The State Reorganization Commission is composed of fourteen members, who shall serve for terms of two years, of whom one shall be the chairman of the Ways and Means Committee of the House of Representatives, one shall be the chairman of the Judiciary Committee of the House of Representatives, five shall be members of the House of Representatives elected by the House of Representatives, one shall be the chairman of the Finance Committee of the Senate, one shall be the chairman of the Judiciary Committee of the Senate, and five shall be members of the Senate elected by the Senate. In the case of a vacancy in the membership of the commission it shall be filled in the manner of the original election."
B. The first paragraph of Section 1-22-60 of the 1976 Code, as added by Act 465 of 1988, is amended to read:
"All records of the committee, commission staff, and the council, with the exception of the Preliminary and Final Compliance Review Reports provided for in Sections 1-22-120 and 1-22-160, are confidential and must not be disclosed to the public. However, all compliance review committee meetings must be open to the members and staff of the House and Senate standing committees to which the audit was assigned by the Speaker of the House and the President of the Senate."
C. This section takes effect July 1, 1993, and the terms of members of the State Reorganization Commission appointed by the Governor expire on that date.
TO AMEND SECTION 59-19-340 OF THE 1976 CODE, RELATING TO CHILD DEVELOPMENT PROGRAMS, SECTION 59-63-20, AS AMENDED, RELATING TO THE AGE OF ATTENDANCE FOR THE PUBLIC SCHOOLS OF THIS STATE, AND SECTION 59-65-10, RELATING TO THE RESPONSIBILITY OF PARENTS OR GUARDIANS TO CAUSE THEIR CHILDREN TO ATTEND SCHOOL SO AS TO CHANGE FROM NOVEMBER FIRST TO SEPTEMBER FIRST THE DATE IN A PARTICULAR SCHOOL YEAR WHICH DETERMINES A CHILD'S ELIGIBILITY FOR ATTENDANCE OR PARTICIPATION BASED ON AGE, AND TO PROVIDE FOR THE PHASING-IN OF THE ABOVE PROVISIONS.
A. Section 59-19-340 of the 1976 Code is amended to read:
"Section 59-19-340.The board of trustees of each school district may establish and provide for the education of children who will attain the age of four on or before September first of the applicable school year in child development programs. The board of trustees of school districts having programs serving three and four-year-olds on the date of enactment of this section may continue to serve three-year-old children."
B. Section 59-63-20 of the 1976 Code, as last amended by Act 322 of 1990, is further amended to read:
"Section 59-63-20.It is not lawful for any person who is less than five or more than twenty-one years of age to attend any of the public schools of this State, including kindergarten, except that:
(1) Persons over twenty-one years of age may attend night schools;
(2) When a pupil is in the graduating class and becomes twenty-one years of age before graduation, he is permitted to complete the term if otherwise qualified to do so;
(3) Students may enter kindergarten in the public schools of this State if they will attain the age of five on or before September first of the applicable school year or have substantially initiated a public school kindergarten program in another state that has a different attendance age requirement from South Carolina;
(4) Students may not enter the first grade in the public schools of this State unless they will attain the age of six on or before September first of the applicable school year or have substantially initiated a first grade program in another state that has a different attendance age requirement from South Carolina or have attended a public school kindergarten program for one full school year;
(5) The restrictions in this section may be waived by the local board of school trustees in any proper
case. However, that if the provisions of items (3) and (4) of this section are not complied with, the school
district is not entitled to receive any state aid for any students who fail to meet these requirements;
(6) Four-year-olds may attend optional child development programs and all
three-year-old, four-year-old, and five-year-old handicapped children may participate in early intervention
programs."
C. Section 59-65-10(A) of the 1976 Code is amended to read:
"(A) All parents or guardians shall cause their children or wards to attend regularly a public or private school or kindergarten of this State which has been approved by the State Board of Education or a member school of the South Carolina Independent Schools' Association or some similar organization, or a parochial, denominational, or church-related school, or other programs which have been approved by the State Board of Education from the school year in which the child or ward is five years of age before September first until the child or ward attains his seventeenth birthday or graduates from high school. A parent or guardian whose child or ward is not six years of age on or before the first day of September of a particular school year may elect for their child or ward not to attend kindergarten. For this purpose, the parent or guardian shall sign a written document making the election with the governing body of the school district in which the parent or guardian resides. The form of this written document must be prescribed by regulation of the Department of Education. Upon the written election being executed, that child or ward may not be required to attend kindergarten."
D. The provisions of Sections 59-19-340, 59-63-20, and 59-65-10 of the 1976 Code, as amended by this section, are applicable as follows:
(1) to programs for three-year old students beginning in school year 1993-94;
(2) to programs for four-year old students beginning in school year 1994-95;
(3) to kindergarten students beginning in school year 1995-96;
(4) to all students in programs for four-year-olds and three-year-olds, and grades K-12 beginning in school year 1996-97.
* See note at end of act.
TO ENACT THE EARLY CHILDHOOD DEVELOPMENT AND ACADEMIC ASSISTANCE ACT OF 1993 BY AMENDING TITLE 59 OF THE 1976 CODE, RELATING TO EDUCATION, BY ADDING CHAPTER 139 SO AS TO PROVIDE FOR CERTAIN EARLY CHILDHOOD DEVELOPMENT AND ACADEMIC ASSISTANCE; BY AMENDING SECTION 59-1-450, RELATING TO PARENT EDUCATION PROGRAMS, SO AS TO REVISE THE PROGRAMS, PROVIDE FOR PARENTING/FAMILY LITERACY PROGRAMS, AND THE MANNER IN WHICH THESE PROGRAMS ARE ESTABLISHED AND FUNDED; BY ADDING SECTION 59-1-454 SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL DEVELOP A PARENTAL INVOLVEMENT PROGRAM FOR USE IN GRADES FOUR THROUGH EIGHT; BY AMENDING SECTION 59-3-90, RELATING TO IN-SERVICE TRAINING PROGRAMS FOR TEACHERS, SO AS TO INCLUDE REFERENCES TO EARLY CHILDHOOD DEVELOPMENT AND ASSISTANCE TRAINING AND REVISE CERTAIN IMPLEMENTATION DATES; BY AMENDING SECTION 59-5-65, RELATING TO THE POWERS AND RESPONSIBILITIES OF THE STATE BOARD OF EDUCATION, SO AS TO REVISE THESE POWERS AND RESPONSIBILITIES IN REGARD TO DEVELOPING CERTAIN ONE-HALF DAY EARLY CHILDHOOD DEVELOPMENT PROGRAMS FOR FOUR-YEAR-OLD CHILDREN, AND DELETE CERTAIN REQUIREMENTS PERTAINING TO COMPENSATORY AND REMEDIAL INSTRUCTION PROGRAMS; BY AMENDING SECTION 59-19-340, RELATING TO CHILD DEVELOPMENT PROGRAMS FOR THREE AND FOUR-YEAR-OLD CHILDREN, SO AS TO FURTHER PROVIDE FOR THESE PROGRAMS AND THE DATES ON WHICH CHILDREN ARE ELIGIBLE FOR THESE PROGRAMS; BY AMENDING SECTION 59-20-40, RELATING TO THE DETERMINATION OF ANNUAL ALLOCATIONS TO SCHOOL DISTRICTS, SO AS TO REVISE THE WEIGHTINGS USED FOR EARLY CHILDHOOD DEVELOPMENT AND ASSISTANCE, AND DELETE PROVISIONS PERTAINING TO THE ANNUAL DETERMINATION OF THE APPROPRIATE LEVEL OF COMPENSATORY AND REMEDIAL PROGRAMS AND THEIR FUNDING; BY AMENDING SECTION 59-20-60, RELATING TO SPENDING PRIORITIES UNDER THE EDUCATION FINANCE ACT, SO AS TO FURTHER PROVIDE FOR THESE PRIORITIES AND THE PROCEDURES FOR THEIR DETERMINATION; TO PROVIDE FOR THE MANNER IN WHICH AN ADEQUATE NUMBER OF SITES FOR DROPOUT PREVENTION AND REMEDIAL PROJECTS MUST BE FUNDED; AND TO REPEAL SECTION 59-18-20 RELATING TO COMPETITIVE GRANT PROGRAMS FOR THE IMPROVEMENT OF INSTRUCTION AND SECTIONS 59-65-410 THROUGH 59-65-460 RELATING TO DROPOUT PREVENTION AND RECOVERY PROGRAMS.
A. This section is known and may be cited as the Early Childhood Development and Academic Assistance Act of 1993.
B. Title 59 of the 1976 Code is amended by adding:
Section 59-139-05. It is the purpose of the General Assembly in this chapter:
(1) to place an emphasis on early childhood education and prevention while promoting assistance for students at every grade level which is more flexible and tailored to individual needs and learning styles;
(2) to focus the state's resources on academic success and prevention of academic problems;
(3) to establish the expectation that by providing extra assistance and learning time that enables young students to attain essential skills and success all children will be prepared for the fourth grade and all students will graduate from high school with their peers;
(4) to promote the advancement of developmentally appropriate curriculum and coordinated programs from preschool through grade three which are supportive of the curriculum for grades four through twelve; and
(5) to allow districts and schools greater flexibility in providing targeted, coordinated programs of student assistance.
Section 59-139-10. (A) The State Board of Education, through the Department of Education and in consultation with the Select Committee, shall develop and implement regulations requiring that beginning in school year 1993-94 and by school year 1994-95, each school district, in coordination with its schools, and each school in the district shall design a comprehensive, long-range plan with annual updates to carry out the purposes of this chapter. To that end, the plans shall:
(1) establish an early childhood initiative which integrates the planning and direction of the half-day program for four-year-olds established in Section 59-19-65, the parenting program established in Section 59-1-450, the early childhood assistance program established in Section 59-139-20, school practices in kindergarten through grade three, and any other federal, state, or district programs for preschool children in the district in order to better focus on the needs of this student population;
(2) develop an academic assistance initiative to support students with academic difficulties in grades four through twelve so they are able to progress academically and move through school with their peers; and
(3) provide staff training, upon appropriation of funds by the General Assembly for this purpose, to prepare and train teachers and administrators in the teaching techniques and strategies needed to implement the district and school plan.
(B) The State Board of Education, through the Department of Education, shall establish criteria by regulation for the comprehensive plan and the annual updates to be prepared by each district and school so that the plans address, but are not limited to, the interrelationship of the various components of the early child development initiative and the academic assistance initiative, strategies to be implemented for expanding and improving early child development activities, plans for accelerating the performance of students performing below their peers, methods of assessing the efficacy of these strategies, and the coordination of the strategies with federally funded programs. However, in every instance, district and school plans should be derived from strategies found to be effective in education research.
The plans must contain performance goals, interim performance goals, and time lines for progress. The methods of assessing the efficacy of the strategies must provide data regarding the impact of the strategies and whether they should be continued, modified, or terminated.
(C) The design for the early child development initiative must include:
(1) the formation and implementation of the parenting/family literacy component which addresses, but is not limited to, collaboration in each district with health and human service agencies, and adult education programs, as well as the other components of the early child development initiative;
(2) the development and implementation of a developmentally appropriate curriculum from early childhood education through grade three. Options available to districts and schools in designing the early childhood assistance component include:
(a) expanded kindergarten day;
(b) reduction in kindergarten pupil-teacher ratio;
(c) floating teachers in grades one through three assigned to work with students with academic difficulties;
(d) multiage grouping for four and five-year-olds;
(e) multiage grouping in the primary grades;
(f) extended day and/or weekend programs, or summer programs;
(g) additional slots in the half-day program for four-year-olds, and programs for three-year-olds; and
(h) alternatives to the listed options; and
(3) the establishment of activities for assisting children and their parents with the transitions between the various levels of schooling and phases of education.
(D) The design for the academic assistance component must address alternatives to year-long and pull-out remediation of students. Options available to districts and schools include:
(a) extended day and/or weekend programs;
(b) extended school year;
(c) tutorial programs;
(d) floating teachers assigned to work with students with academic difficulties;
(e) tutorials;
(f) class acceleration; and
(g) alternatives to the listed options.
Districts and schools may choose to target resources in certain grade levels or areas of learning but must have academic assistance plans both for preschool through grade three and for grades four through twelve.
(F) If alternatives to the listed options are chosen, it should be based on the needs assessment performed as a part of the district and school improvement plans and on strategies found to be effective in research.
(G) The school improvement council established in Section 59-20-60 shall assist in the development of the school plan required by this section and the plan and the annual updates must be a part of the school improvement report.
(H) Prior to implementation in 1994-95, the plan must be submitted to the State Department of Education to be subjected to a peer review process. The department shall implement a process whereby groups of peers are selected and provided appropriate reviewer training. Teams of peers must be convened for the purpose of reviewing the plans.
The peer review committee may approve, provisionally approve upon revisions of the plan in accordance with recommendations, or disapprove the plans. If the peer review committee disapproves the plan, the committee, in consultation with the State Department of Education staff, shall return the plan with specific recommendations and identify resources for technical assistance. Schools under deregulated status are exempt from the peer review process.
(I) Districts desiring to use the funds available to begin implementing an early childhood initiative and the academic assistance initiative for school year 1993-94 may request approval from the State Board of Education and for needed waivers from regulation, if the district has implemented a planning process consistent with the intent of this chapter and the district plan meets the criteria established for this section.
Section 59-139-20. Beginning in fiscal year 1994-95 in the annual general appropriations act, the General Assembly shall determine an appropriation level for the academic assistance initiative. The State Board of Education through the Department of Education shall promulgate regulations to implement a system to provide a pro rata matching of the weighted pupil units pursuant to Section 59-20-40 to the pupils in the districts of the State as follows:
(1) early childhood assistance for students in kindergarten through grade three who are eligible for the federal free- and reduced-price lunch program at a weight of .26;
(2) grade four through twelve academic assistance for students in these grades who score below minimum basic skills act standards in reading, mathematics, or writing, or their equivalent, at a weight of .114.
Funds generated by kindergarten through grade three students must be used by the districts and schools to provide to any student in these grades needed academic assistance. The assistance may be for short, intensive periods or for longer, on-going assistance as needed by each student. Based upon the district and school plans provided for in Section 59-139-10, a portion of these funds may be used to support other components of the early child development initiative in order to better prepare children for entering school. Further, districts may request a waiver from the State Board of Education to use a portion of the funds generated by students in kindergarten through grade three for students in grades four through twelve, if such a change promotes better coordination of state and federal funds provided for programs for these children.
Funds generated by students in grades four through twelve must be used to provide any student with needed academic assistance with an emphasis on assistance at the time of need and on accelerating the progress of students performing below their peers. The assistance may be for short, intensive periods or for longer, on-going assistance as needed by the student. Enhanced opportunities for learning must be emphasized. In reviewing the districts' plans, provided for in Section 59-139-10, the State Board of Education shall stress district and school flexibility in addressing student needs.
Section 59-139-30. For fiscal year 1993-94, funds must be allocated to districts on the same percentage as they received funds for the Compensatory and Remedial Programs for 1992-93. By January 1, 1995, the Joint Legislative Committee to Study Formula Funding in Education Programs shall review and approve the allocation formula.
Section 59-139-40. By December, 1993, the State Board of Education, through the Department of Education and in consultation with the Select Committee, shall develop criteria for the monitoring of the district and school plans and the implementation of the plans required in this chapter.
Section 59-139-50. By September, 1993, the Department of Education, in consultation with the State Board of Education and the Select Committee, shall develop a written plan outlining the process for providing technical assistance to districts in designing their overall plans and implementing those plans, including compiling and disseminating research on effective practice and contracting with recognized groups for providing expertise to the districts and schools in the areas addressed by this chapter.
Section 59-139-60. The State Board of Education, through the State Department of Education and in consultation with the Select Committee, shall establish an assessment system to evaluate the degree to which the purposes of this chapter are met. To that end, the State Board of Education, through the Department of Education shall:
(1) develop or adapt a developmentally appropriate assessment program to be administered to all public school students by the end of grade three that is designed to measure a student's strengths and weaknesses in skills required to perform academic work considered to be at the fourth grade level. Information on each student's progress and on areas in need of improvement must be provided to the student's parent and fourth grade teacher. Aggregated information on student progress must be given to the students' kindergarten through third grade schools so that deficiencies in the schools' academic programs can be addressed;
(2) review the performance of students on the eighth grade basic skills assessment test and performance on the exit examination pursuant to Section 59-30-10, or their equivalent, for progress in meeting the skill levels required by these examinations. Student data must be aggregated by the schools the students attended so that programs' deficiencies can be addressed;
(3) review the data on students overage for grade in each school at grades four and nine;
(4) monitor the performance of schools and districts so that continuing weaknesses in the programs preparing students for the fourth grade, ninth grade, and exit examination shall receive special assistance from the Department of Education; and
(5) propose other methods or measures for assessing how well the purposes of this chapter are met.
Section 59-139-70. The half-day program for four-year-old children established in Section 59-19-340, must be maintained at no less than the 1993-94 level in each school district as funded by the General Assembly.
Section 59-139-80. If a review of a district's comprehensive plan indicates the goals and time lines established by the district are not being met, the Department of Education, after consultation with the district's administration, shall provide targeted technical assistance. If after two consecutive years, the district is not making progress toward achieving its goals, the State Board of Education, through the State Department of Education, shall enter into a partnership with the district board of trustees to review implementation of the district's comprehensive plan, make recommendations for improvement, and provide assistance in implementing the recommendations."
C. Section 59-1-450 of the 1976 Code is amended to read:
"Section 59-1-450. The State Board of Education, through the Department of Education and in consultation with the Select Committee, shall promulgate regulations for establishing parenting/family literacy programs to support parents in their role as the principal teachers of their preschool children. The programs must provide parent education to parents and guardians who have children ages birth through five years and who choose to participate in the programs and must include intensive and special efforts to recruit parents or guardians whose children are at risk for school failure. The program or programs also should include developmental screening for children and offer parents of children from birth through five years opportunities to improve their education if the parents do not possess a high school diploma or equivalent certificate.
The State Board of Education, through the Department of Education and after consultation with the Select Committee, shall promulgate regulations to implement parenting/family literacy programs in all school districts or consortia of school districts. Priority must be given to serving those parents whose children are considered at-risk for school failure according to criteria established by the State Board of Education. From funds appropriated for the programs, an adequate number of those parenting programs funded under the Target 2000 Act shall receive priority in funding for fiscal years 1993-94 and 1994-95 and must be funded at no less than the level received in fiscal year 1992-93 contingent upon their agreeing to provide technical assistance to other districts and schools planning and implementing parenting/family literacy programs in concert with the Department of Education's technical assistance process required in this chapter. Only those projects whose evaluations show them to be most effective may be selected based on criteria developed by the State Department of Education in consultation with the Select Committee.
Beginning in fiscal year 1995-96 for districts with Target 2000 Act parenting programs and in fiscal year 1993-94 for all other school districts and district consortia, funding must be allocated to districts and consortia serving more than two thousand pupils on a base amount of not less than forty thousand dollars with any additional appropriation to be distributed based on the number of free- and reduced-price lunch-eligible students in grades one through three in a district or consortium relative to the total free- and reduced-price lunch eligible students in grades one through three in the State. The programs developed in each district and consortium may draw upon lessons learned from parenting programs funded under this section.
The State Board of Education, through the Department of Education, in developing the regulations for this program shall consult with representatives of the Department of Health and Environmental Control, Department of Social Services, the South Carolina State Library, and Health and Human Services Finance Commission, and with adult education and early childhood specialists. In developing the regulations, the State Board and State Department of Education shall consider the guidelines developed for the Target 2000 Act parenting programs and any available evaluation data.
By December, 1993, the chairman of the Human Services Coordinating Council shall convene a committee consisting of supervisors of programs dealing with early childhood and parenting from the Department of Education, Department of Health and Environmental Control, the Department of Social Services, the South Carolina State Library,and the Health and Human Services Finance Commission; at least one representative from each of these agencies who administer these programs at the county and district level; and adult education and early childhood specialists. The executive director of the Finance Commission shall chair this committee. By July 1, 1994, this committee shall report to the Select Committee and the Joint Committee on Children ways to better coordinate programs for parenting and literacy and recommend changes to each agency's state regulations or provisions of law which would better promote coordination of programs. The Department of Health and Environmental Control, the Department of Social Services, and the Health and Human Services Finance Commission shall direct their employees at the county and district levels to cooperate with school district officials in establishing parenting/family literacy programs."
D. The 1976 Code is amended by adding:
"Section 59-1-454. (A) The State Department of Education shall develop a parental involvement program for use in elementary and secondary schools with grades four through eight. The purpose of the program is to improve parental participation in their child's school progress, ensure a smooth transition between the various levels of schooling and phases of education, increase communication between the school, parent, and child, provide greater accountability between the parent, school, and child, and lessen the possibility on all levels that parents are only provided opportunity to react to problems involving their child after such problems occur.
(B) The parental involvement program should include such activities as regular visitation by parents to their child's school, involving parents, teachers, and administrators in school training sessions on such issues as communication between the school, parent, and child, student discipline, importance of homework, the taking and understanding of standardized testing and test scores, and general literacy.
(C) Teachers shall maintain a record signed by the parent and teacher of parent conferences annually that identify the date, time, and response of parent/teacher conferences."
E. Section 59-3-90 of the 1976 Code is amended to read:
"Section 59-3-90. The State Department of Education shall provide recommendations and assist districts in conducting in-service training programs for teachers based on the findings and research it derives from the study of effective schools and classrooms and from district plans developed in accordance with Section 59-139-10. All of the school districts of this State must have implemented an on-going, long-range professional development training programs in support of effective schools and classrooms and as indicated by district plans no later than the 1994-95 school year."
F. Section 59-5-65(8) of the 1976 Code is amended to read:
"(8) Develop and implement regulations requiring all school districts to provide at least one-half day early childhood development programs for four-year-old children who have predicted significant readiness deficiencies and whose parents voluntarily allow participation. The regulations must require intensive and special efforts to recruit children whose participation is difficult to obtain. The school districts may contract with appropriate groups and agencies to provide part or all of the programs. If a local advisory committee exists in a community to coordinate early childhood education and development, school districts shall consult with the committee in planning and developing services. The State Department of Education shall collect and analyze longitudinal data to determine the effects of child development programs on the later achievement of children by tracking four-year-old child development program participants through kindergarten and the first three years of elementary school to examine their performance on appropriate performance measures."
G. Section 59-5-65 of the 1976 Code is amended by deleting item (9).
H. Section 59-19-340 of the 1976 Code is amended to read:
"Section 59-19-340.The board of trustees of each school district may establish and provide for the education of children who will attain the age of four on or before September first of the applicable school year in child development programs. The board of trustees of school districts may establish and provide programs serving three- and four-year-old children."
I. Section 59-20-40(1)(c) of the 1976 Code is amended to read:
"(1) (c) Weightings, used to provide for relative cost differences, between programs for different
students are established in order that funds may be equitably distributed on the basis of pupil needs. The
criteria for qualifications for each special classification must be established by the State Board of
Education according to definitions established in this article and in accordance with Sections 59-21-510,
59-35-10, 59-53-1860, and 59-53-1900. Cost factors enumerated in this section must be used to fund
programs approved by the State Board of Education. Pupil data received by the Department of Education
is subject to audit by the department. Cost factors or weightings are as follows:
Pupil Classification Weightings
(1) Kindergarten pupils 1.30
(2) Primary pupils (grades 1
through 3) 1.24
(3) Elementary pupils (grades
4 through 8) -- base
students 1.00
(4) High school pupils (grades 9
through 12) 1.25
Special Programs for
Exceptional Students Weightings
(5) Handicapped 1.74
a. Educable mentally
handicapped pupils
b. Learning disabilities pupils
(6) Handicapped 2.04
a. Trainable mentally
handicapped pupils
b. Emotionally handicapped pupils
c. Orthopedically handicapped pupils
(7) Handicapped 2.57
a. Visually handicapped pupils
b. Hearing handicapped pupils
(8) Speech handicapped pupils 1.90
(9) Homebound pupils 2.10
Vocational Technical Programs Weightings
(10) Pre-vocational 1.20
(11) Vocational 1.29
Add-on Weights for Early Childhood
Development and Academic Assistance Weightings
(12) Early Childhood Assistance 0.26
(13) Grades 4-12 Academic Assistance 0.114
Adult Education
(14) Adult education 0.15
No local match is required for adult education and the number of weighted pupil units funded depends on funding available from the general fund of the State and the Education Improvement Act of 1984 Fund.
Each student in the State must be counted in only one of the first eleven pupil classifications. Students shall generate funds for early childhood assistance and grades 4-12 academic assistance in accordance with Section 59-139-20. The State Board of Education must determine the qualifications for each classification in accordance with Sections 59-21-510, 59-35-10, 59-53-1860, 59-53-1900, and Chapter 30 of this title. The program for each classification must meet specifications approved by the State Board of Education.
School districts may count each student who is instructed at home under the provisions of Section 59-65-40 in the district's weighted pupil units at a weighting of .25 for supervising, overseeing, or reviewing the student's program of home instruction. No local match is required for students instructed at home under the provisions of Section 59-65-40."
J. Section 59-20-40 of the 1976 Code is amended by deleting item (7).
K. Section 59-20-60 of the 1976 Code is amended to read:
"Section 59-20-60. (1) School districts shall give first spending priority of funds allocated under this chapter to full implementation of the defined minimum program.
(2) The State Board of Education shall audit the programmatic and fiscal aspects of this chapter, including the degree to which a school meets all prescribed standards of the defined minimum program and shall report the results in the Annual Report of the State Superintendent of Education. Schools which have been classified as `dropped' by the defined minimum program accreditation procedures are not eligible for funding in the following fiscal year until an acceptable plan to eliminate the deficiencies is submitted and approved by the State Board of Education.
(3) Each school district board of trustees shall cause the district and each school in the district to develop comprehensive five-year plans with annual updates to outline the District and School Improvement Plans. Districts which have not begun a strategic planning cycle must do so and develop a plan no later than the 1994-95 school year. Districts which have undertaken such a planning process may continue in their planning cycle as long as the process meets the intent of this section and the long-range plans developed or under development can be amended to encompass the requirements of this section. For school year 1993-94, districts may submit either the improvement plan consistent with State Department guidelines or their five-year comprehensive plan.
The State Board of Education shall recommend a format for the plans which will be flexible and adaptable to local planning needs while encompassing certain state mandates, including the early childhood and academic assistance initiative plans pursuant to Section 59-139-10. All district and school plans must be reviewed and approved by the board of trustees. The District Plan should integrate the needs, goals, objectives, strategies, and evaluation methods outlined in the School Plans. Measures of effectiveness must include outcome and process indicators of improvement and must provide data regarding what difference the strategies have made. Staff professional development must be a priority in the development and implementation of the plans and must be based on an assessment of needs. Long- and short-range goals, objectives, strategies, and time lines need to be included.
(4) Each plan shall provide for an Innovation Initiative, designed to encourage innovative and comprehensive approaches based on strategies identified in the research literature to be effective. The Innovation Initiative must be utilized by school districts to implement innovative approaches designed to improve student learning and accelerate the performance of all students. Funds may be expended on strategies in one or more of the following four categories:
(a) new approaches to what and how students learn by changing schooling in ways that provide a creative, flexible, and challenging education for all students, especially for those at risk. Performance-based outcomes which support a pedagogy of thinking and active approaches for learning must be supported;
(b) applying different teaching methods permitting professional educators at every level to focus on educational success for all students and on critical thinking skills and providing the necessary support for educational successes are encouraged;
(c) redefining how schools operate resulting in the decentralization of authority to the school site and allowing those closest to the students the flexibility to design the most appropriate education location and practice;
(d) creating appropriate relationships between schools and other social service agencies by improving relationships between the school and community agencies (health, social, mental health), parents and the business community, and by establishing procedures that cooperatively focus the resources of the greater community upon barriers to success in school, particularly in the areas of early childhood and parenting programs, after-school programs, and adolescent services.
Funds for the Innovation Initiative must be allocated to districts based upon a fifty percent average daily membership and fifty percent pursuant to the Education Finance Act formula. At least seventy percent of the funds must be allocated on a per school basis for school based innovation in accord with the District-School Improvement Plan. Up to thirty percent may be spent for district-wide projects with direct services to schools. District and school administrators must work together to determine the allocation of funds.
For 1993-94, districts and schools may use these funds for designing their innovation initiatives to be submitted to the peer review process established in Section 59-139-10 prior to implementation of the innovations in 1994-95. Notwithstanding any other provisions of law, districts may carry over all unexpended funds in 1993-94, and up to twenty-five percent of allocated funds each year thereafter in order to build funds for an approved program initiative.
(5) An annual district programmatic report to the parents and constituents of the school district must be developed by the local school board. Each report shall include the goals and objectives of the school district, the strategies implemented to meet the goals and objectives, and an evaluation of the outcomes. An annual school report to the parents and constituents of the school must be developed by the School Improvement Council and shall provide information on the school's progress on meeting the school and district goals and objectives. These reports shall be provided by November fifteenth of each year.
(6) Each school board of trustees shall establish an improvement council at each school in the district and this council is to be involved in improvement and innovation efforts at the school. The council shall be composed of at least two parents, elected by the parents of the children enrolled in the school; at least two teachers, elected by the faculty; at least two students in schools with grades nine and above elected by the students; other representatives of the community and persons appointed by the principal. The elected members of the council shall comprise at least a two-thirds majority of the elected and appointed membership of the council. The council should also include ex-officio members such as the principal and others holding positions of leadership in the school or school organizations, such as parent-teacher groups, booster clubs, and federal program advisory groups. Each council shall assist in the preparation of the five year plan and annual updates required in this section, assist with the development and monitoring of school improvement and innovation, provide advice on the use of school incentive grant awards, and provide assistance as the principal may request as well as carrying out any other duties prescribed by the local school board. The local school board shall make provisions to allow any council to file a separate report to the local school board if the council considers it necessary. However, no council has any of the powers and duties reserved by law or regulation to the local school board. Notwithstanding any other provisions of this subsection, an area vocational center's school improvement council, it must be composed as defined exclusively by federal law. The council shall perform all duties and responsibilities provided for in any state or federal law which applies to these councils.
In order to provide additional accountability for funds expended under statutory requirements, the elected members of the school improvement council shall serve a minimum term of two years. Parents of students or students in their last year of enrollment at an individual school may serve terms of one year only. The terms must be staggered and initially determined by lot. Elections of members to school improvement councils shall occur no later than October fifteenth of the school year. The elections must be organized to ensure that every parent and faculty member has an opportunity to vote each year. Within thirty days following the election, the names, addresses, terms of service, and status of all council members as a parent, teacher, student, or representative of the community must be provided to the School Improvement Council Assistance at the University of South Carolina for the purpose of sharing information. The district board of trustees shall include in its annual district report a summary of the training opportunities provided or to be provided for school improvement council members and professional educators in regard to council-related tasks and a summary of programs and activities involving parents and citizens in the school.
( 7) Each school district board of trustees shall:
(a) review each school improvement plan and the annual updates for integration with district plans and objectives and school progress in meeting those goals and objectives.
(b) cause to be prepared an annual written report to account for funds expended in each pupil classification as prescribed by the State Board of Education;
(c) participate in the statewide testing program as prescribed by the State Board of Education;
(d) maintain an ongoing systematic evaluation of the educational program needs in the district and shall develop a comprehensive annual and long-range plan for meeting these program needs. These plans shall include an assessment of needs. At minimum, the process of assessing needs and establishing goals and objectives must be carried out for each of the program classifications specified in Section 59-20-40(1)(c). Each school district board of trustees shall develop and execute a method of evaluating the extent to which the goals and objectives specified in its comprehensive plan are being achieved and shall annually report the results of its evaluation to the people of the school district and to the State Board of Education.
(e) provide a program for staff development for all educational personnel. A portion of the funds in the foundation program must be used for this staff development that may include, but not be limited to:
(1) college courses in education, subject area of certification or management;
(2) teaching center offerings;
(3) State Department of Education workshops; and
(4) district-wide or in-school training for the purpose of fostering professional growth or improving the competency of all educational personnel.
(f) in accordance with the format approved by the State Board of Education, annually submit to the State Board of Education and to the people of the district that district's fiscal report.
( 8) The State Department of Education shall:
(a) develop, by September, 1993, a plan for offering help to districts and schools in designing and implementing the district and school comprehensive improvement plan;
(b) develop, by December, 1993, with approval by the State Board of Education, criteria for monitoring the district and school plans;
(c) review each district's annual fiscal report;
(d) provide assistance to school districts in improving the programs, correcting the deficiencies, and in carrying out its staff development program.
(e) develop or select and field test a competency based student assessment program;
(f) prepare an annual fiscal and programmatic report to the Governor and the General Assembly each year to assess compliance with this chapter and to make recommendations concerning necessary changes in this chapter;
(g) in compliance with the intent of the chapter, waive the prescribed reporting practices if considered necessary by the State Board of Education and authorize the substitution of alternate reporting practices which accomplish the objectives implied in this section. This waiver may not be utilized to avoid full accountability and implementation of this chapter.
( 9) The Legislative Audit Council shall audit to assess compliance with this chapter as requested by the General Assembly. On the basis of these audits, the Legislative Audit Council shall make recommendations to the General Assembly concerning necessary changes in this chapter.
( 10) A twelve member Education Finance Review Committee must be established to advise the General Assembly and review its implementation of this chapter. This advice and review may include, but not be limited to:
(a) the cost of the defined minimum program;
(b) provisions included in the defined minimum program;
(c) the pupil classification weights in Section 59-20-40;
(d) the formula for computing required local effort;
(e) the ongoing evaluation of the education program needs of the school districts.
The committee must be made up of three representatives from each of the following committees of the General Assembly--Senate Education, Senate Finance, House Education and Public Works, and House Ways and Means--appointed by each respective chairman. The committee shall seek the advice of professional educators and all other interested persons when formulating its recommendations."
L. Of the Target 2000 Act Dropout Prevention and Retrieval Projects, an adequate number of sites shall continue to be funded for fiscal years 1993-94 and 1994-95 in order to provide technical assistance to districts and schools in developing their comprehensive long range plan for providing academic assistance to students. The emphasis of the technical assistance should be on strategies for implementing programs which are successful in providing academic assistance at the time of need and increasing the rate of progress of students performing below their peers. Those projects whose evaluations show them to be most effective and agree to serve as technical assistance sites may be selected based on criteria developed by the State Department of Education in consultation with the Select Committee.
M. Section 59-18-20 of the 1976 Code is repealed.
N. Sections 59-65-410 through 59-65-460 of the 1976 Code are repealed.
TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL FORMULATE AN
IMPLEMENTATION PLAN TO ACCOMPLISH CERTAIN NATIONAL EDUCATION GOALS BY
THE YEAR 2000 AS APPLICABLE TO SOUTH CAROLINA, AND TO PROVIDE FOR THE
MANNER IN WHICH AND TIME TABLES UNDER WHICH THE PLAN MUST BE FORMULATED.
(A) The State Department of Education shall formulate an implementation plan to accomplish the following national education goals as applicable to South Carolina, which are:
(1) By the year 2000, all children in America will start school ready to learn.
(2) By the year 2000, the high school graduation rate will increase to at least ninety percent.
(3) By the year 2000, American students will leave grades four, eight, and twelve having demonstrated competency over challenging subject matter including English, mathematics, science, history, and geography, and every school in America will ensure that all students learn to use their minds well, so they may be prepared for responsible citizenship, further learning, and productive employment in our modern economy. The South Carolina goals also include the areas of foreign languages, health and physical education, arts and humanities, and occupational education as part of this goal.
(4) By the year 2000, U.S. students will be first in the world in science and mathematics achievement.
(5) By the year 2000, every adult American will be literate and will possess the knowledge and skills necessary to compete in a global economy and exercise the rights and responsibilities of citizenship.
(6) By the year 2000, every school in America will be free of drugs and violence and will offer a disciplined environment conducive of learning.
The Department of Education, building upon the South Carolina Total Quality Education Framework for Change and the South Carolina Goals Panel Report shall formulate this plan, which must focus on equity, productivity, and interagency collaboration to meet the National Goals by the year 2000.
The plan at a minimum shall address:
(a) a review of the Education Finance Act and a Defined Maximum Program;
(b) a review of the Education Improvement Act and Target 2000;
(c) an alignment of the plan with the national goals;
(d) an identification of sources and reallocation of funds and revenue;
(e) accountability measures for state agencies, local school districts, and local communities;
(f) a system which connects funding costs with school performance effectiveness;
(g) a system for coordinating interagency funds to support health, social, and education services to children and families; and
(h) a system for coordinating funds with technical colleges and higher education to support lifelong learning.
The Education Improvement Act is to be included in this review, but all EIA funds must be used only for new reforms and innovations and not for regular ongoing operations at schools, although after this review the reforms and innovations for which these funds were dedicated may be different than originally provided.
(B) In formulating this plan the Department of Education shall coordinate its efforts with the South Carolina Business-Education Partnership for Excellence in Education, to include its planning committee and outreach committee and also the accountability committee of the Business Education Subcommittee.
Input must be solicited from the State Board of Education, South Carolina Education Goals Panel, EIA Select Committee, Human Services Coordinating Council, South Carolina Business Center for Education, Chamber of Commerce, South Carolina School Boards Association, South Carolina Association of School Administrators, South Carolina Parent Teacher Association, South Carolina School Improvement Councils, Palmetto Teachers Association, South Carolina Education Association, South Carolina Teacher Forum, American Association of Retired Persons, Business and Community Representatives, Regional Goals Coordinating Councils and America 2000 communities.
This plan shall reflect a systemic approach that applies the principles of Total Quality Management and strategies of effectiveness which reflect state accountability, local school district accountability, and community accountability. The plan must relate to learning and school effectiveness standards developed by the State Board of Education through the State Department of Education, to restructuring efforts that relate to local school districts, and to partnerships that relate to local communities. Examples of these standards and efforts include:
(1) curriculum frameworks in each subject area;
(2) accreditation and accountability of schools;
(3) assessment of student learning;
(4) empowerment of the existing and future teaching force;
(5) instructional materials and technology;
(6) extensive use of the Leadership Academy;
(7) seed money for restructuring initiatives;
(8) staff development through the use of "lighthouse schools";
(9) understanding of educational renewal and restructuring;
(10) school to work transitions;
(11) motivational programs for students and parents;
(12) increased collaboration between K-12 and higher education;
(13) collaborative-decentralized governance;
(14) case management and collocation services to emotionally and physically handicapped children and their families;
(15) targeted education and health services to special needs groups;
(16) educational and health counseling services with local and community input on the negative impact of teen pregnancy and the positive impact of delaying parenthood;
(17) contracting between public schools and health related entities;
(18) maximizing federal and other funds to ensure that children are provided health screenings; and
(19) providing extended care services to working parents.
(C) (1) By August 1, 1993, a draft of the format to be used in developing the plan must be presented for review and approval to the State Board of Education, the House Ways and Means Committee, the House Education and Public Works Committee, the Senate Finance Committee, and Senate Education Committee.
(2) By September 1, 1994, the Department of Education shall submit for review and approval to the EIA Select Committee and the Business Education Subcommittee the proposed time lines, funding requirements, and necessary steps to implement the plan for each of the next five years from 1995 to 2000.
(3) During the months of November and December, 1994, the State Department of Education and the South Carolina Business-Education Partnership Committee shall meet with and request comment from, but not limited to, the major education associations, the Congress of Parents and Teachers, the state and local Chambers of Commerce, the State Board of Education, Regional Goals Coordinating Councils, Human Service Coordinating Council, Regional EIA Councils, the Principal's Council, Council of College Presidents, South Carolina Council of Educational Collaboration, the Commission on Higher Education, South Carolina Teachers' Forum, EIA Select Committee, House Education and Public Works Committee, Senate Education Committee, House Ways and Means Subcommittee on Long Term Policy and Planning, and Senate Finance Subcommittee on Education on the proposed time lines, funding requirements and necessary specific steps to implement the plan for each of the next five years.
(4) By January 1, 1995, the State Department of Education shall submit to the State Board of Education, the Governor, and the General Assembly the revised plan which establishes accountability measures at the state level, accountability measures at local district level and supporting interagency partnerships at the community level, funding requirements, and appropriate time lines.
TO AMEND THE 1976 CODE BY ADDING SECTION 8-11-99 SO AS TO AUTHORIZE THE
COMPTROLLER GENERAL TO COLLECT BY PAYROLL DEDUCTION PARKING FEES
ASSESSED FOR THE USE OF STATE-OWNED OR STATE-OPERATED PROPERTY.
A. Article 1, Chapter 11, Title 8 of the 1976 Code is amended by adding:
"Section 8-11-99.The Comptroller General, at the request of a state employee, may by payroll deduction collect and pay over to the appropriate entity fees assessed the employee for parking on state-owned or state-operated property."
B. This section takes effect July 1, 1993.
TO AMEND THE 1976 CODE BY ADDING SECTION 25-1-3235 SO AS TO PROVIDE THAT
PERSONS ENLISTING IN THE NATIONAL GUARD AFTER JUNE 30, 1993, ARE INELIGIBLE TO
RECEIVE THE STATE NATIONAL GUARD PENSION AND TO ESTABLISH THE NATIONAL
GUARD PENSION FUND, WHICH MUST BE MANAGED BY THE STATE BUDGET AND
CONTROL BOARD AS OTHER STATE RETIREMENT SYSTEM FUNDS ARE MANAGED FOR
THE PAYMENT OF NATIONAL GUARD PENSIONS, TO PROVIDE FOR THE INVESTMENT OF
THE FUND BY THE STATE TREASURER, TO REQUIRE ANNUAL APPROPRIATIONS TO THIS
FUND IN AN AMOUNT SUFFICIENT TO ESTABLISH AND MAINTAIN THE FUND ON AN
ACTUARIAL BASIS; AND TO AMEND SECTION 25-1-3240, RELATING TO THE
ADMINISTRATION OF NATIONAL GUARD PENSIONS, SO AS TO PROVIDE FOR THE
ADMINISTRATION OF THE NATIONAL GUARD PENSION FUND.
A. Article 23, Chapter 1, Title 25 of the 1976 Code is amended by adding:
"Section 25-1-3235. (A) Notwithstanding any other provision of this article, a person who becomes a member of the National Guard after June 30, 1993, is ineligible to receive the pension authorized by this article.
(B) There is established the National Guard Pension Fund which must be managed by the State Budget and Control Board as other state retirement system funds are managed. The State Treasurer shall invest the fund as the funds of other state retirement systems are invested. This fund, together with monies that may be appropriated for the purpose, must be used to pay the pensions authorized by this article. The General Assembly annually shall appropriate sums sufficient over time to establish and maintain the fund on an actuarial basis as determined by the State Budget and Control Board."
B. Section 25-1-3240 of the 1976 Code is amended to read:
"Section 25-1-3240.Except as provided in Section 25-1-3235, the provisions of this article must be administered by the adjutant general of this State. The adjutant general may not employ additional personnel to administer this article."
C. This section takes effect July 1, 1993.
TO AMEND SECTIONS 44-2-20 AND 44-2-40, BOTH AS AMENDED, OF THE 1976 CODE,
RELATING TO DEFINITIONS AND THE SUPERB ACCOUNT AND THE SUPERB FINANCIAL
RESPONSIBILITY FUND FOR PURPOSES OF THE STATE UNDERGROUND PETROLEUM
ENVIRONMENTAL RESPONSE BANK ACT OF 1988, SO AS TO DEFINE "COMMITTED
FUNDS" AND PROVIDE FOR THE USE OF SUCH COMMITTED FUNDS IN THE
OPERATION OF THE SUPERB ACCOUNT AND THE SUPERB FINANCIAL RESPONSIBILITY
FUND.
A. Section 44-2-20 of the 1976 Code, as last amended by Act 501 of 1992, is further
amended by adding:
"(15)`Committed funds' means the portion of the Superb account reserved as a result of action by the department to approve costs for planned site rehabilitation activities."
B. Section 44-2-40(C) of the 1976 Code, as last amended by Act 501 of 1992, is further amended to read:
"(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, commitments, 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 uncommitted 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. Committed funds for site rehabilitation activity revert to uncommitted status after four months of initiation of commitment if no invoices for that commitment have been received by the department or if no payment has been made by the department within ninety days after receipt by the department of invoices for the committed funds. 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."
C. This section takes effect July 1, 1993.
TO AMEND SECTIONS 8-27-10, 8-27-20, 8-27-30, AND 8-27-40, OF THE 1976 CODE, RELATING TO THE PROTECTION FROM ADVERSE PERSONNEL ACTIONS AFFORDED AND REMEDIES ALLOWED PUBLIC EMPLOYEES WHO REPORT CERTAIN MISCONDUCT, SO AS TO LIMIT PROTECTION TO INSTANCES WHERE AN EMPLOYEE HAS REPORTED IN WRITING TO AN APPROPRIATE AUTHORITY, TO DEFINE "REPORT", "APPROPRIATE AUTHORITY", AND "WRONGDOING", TO REQUIRE AN EMPLOYEE TO HAVE REPORTED WRONGDOING WITHIN SIXTY DAYS OF LEARNING OF THE ACTIVITY, TO ALLOW DISCIPLINARY ACTION AGAINST AN EMPLOYEE WHO FILES A REPORT OF WRONGDOING IN BAD FAITH, TO PROVIDE FOR DISCIPLINARY ACTION AGAINST A SUPERVISORY EMPLOYEE WHO RETALIATES AGAINST AN EMPLOYEE FILING A GOOD FAITH REPORT, TO REQUIRE AN EMPLOYEE WHOSE REPORT SAVES PUBLIC FUNDS TO ELECT BETWEEN THE MONETARY AWARDS AUTHORIZED UNDER THIS CHAPTER OR THE EMPLOYEE SUGGESTION PROGRAM, IF THE EMPLOYING AGENCY PARTICIPATES, TO ELIMINATE THE PRESUMPTION THAT ADVERSE PERSONNEL ACTIONS WITHIN ONE YEAR AFTER REPORTING MISCONDUCT ARE WRONGFUL, TO REQUIRE AN EMPLOYEE TO HAVE EXHAUSTED ALL AVAILABLE GRIEVANCE OR OTHER ADMINISTRATIVE REMEDIES, WITH A FINDING THAT THE EMPLOYEE WOULD NOT HAVE BEEN DISCIPLINED BUT FOR THE FILING OF THE REPORT, TO REQUIRE ANY ACTION BROUGHT BY THE EMPLOYEE TO BE A NONJURY CIVIL ACTION BROUGHT IN THE COUNTY WHERE THE EMPLOYMENT ACTION OCCURRED, TO LIMIT ACTUAL DAMAGES RECOVERABLE TO FIFTEEN THOUSAND DOLLARS AND PROVIDE FOR REASONABLE ATTORNEY FEES SUBJECT TO SPECIFIED LIMITS, TO REQUIRE AN ACTION TO BE BROUGHT WITHIN ONE YEAR AFTER THE ACCRUAL OF THE CAUSE OF ACTION OR THE EXHAUSTION OF OTHER REMEDIES, AND TO PROVIDE THAT THE AMENDMENTS PROVIDED IN THIS SECTION APPLY TO PERSONNEL ACTIONS AFTER THE EFFECTIVE DATE OF THE SECTION.
A. Section 8-27-10 of the 1976 Code, as added by Act 354 of 1988, is amended to read:
"Section 8-27-10. For purposes of this chapter:
(1) `Public body' means a department of the State; a state board, commission, committee, agency, or authority; a public or governmental body or political subdivision of the State, including counties, municipalities, school districts, or special purpose or public service districts; an organization, corporation, or agency supported in whole or in part by public funds or expending public funds; or a quasi-governmental body of the State and its political subdivisions.
(2) `Employee' means an employee of a department of the State; a state board, commission, committee, agency, or authority; a public or governmental body or political subdivision of the State, including counties, municipalities, school districts, or special purpose or public service districts; an organization, corporation, or agency supported in whole or in part by public funds or expending public funds; or a quasi-governmental body of the State and its political subdivisions. `Employee' does not include those persons enumerated within the provisions of Section 8-17-370.
(3) `Appropriate authority' means, respectively, the public body that employs the person making the report; or a federal, state, or local governmental body, agency, or organization having jurisdiction over criminal law enforcement, regulatory violations, professional conduct or ethics, or wrongdoing. If a report is made to an entity other than the public body employing the person making the report, the employing public body must be notified as soon as practicable by the entity that received the report. The term includes, but it is not limited to, the South Carolina Law Enforcement Division, the Solicitor's Office, the State Ethics Commission, the State Auditor, the Legislative Audit Council, and the Office of Attorney General.
(4) `Report' means a written document alleging waste or wrongdoing that contains the following information:
(a) the date of disclosure;
(b) the name of the employee making the report; and
(c) the nature of the wrongdoing and the date or range of dates on which the wrongdoing allegedly occurred. A report must be made within sixty days of the date the reporting employee first learns of the alleged wrongdoing.
(5) `Wrongdoing' means action by a public body which results in substantial abuse, misuse, destruction, or loss of substantial public funds or public resources. `Wrongdoing' also includes an allegation that a public employee has intentionally violated federal or state statutory law or regulations or other political subdivision ordinances or regulations or a code of ethics, which violation is not merely technical or of a minimum nature."
B. Section 8-27-20 of the 1976 Code, as added by Act 354 of 1988, is amended to read:
"Section 8-27-20. (A) No public body may dismiss, suspend from employment, demote, or decrease the compensation of an employee of a public body because the employee files a report with an appropriate authority of wrongdoing. If the appropriate authority determines the employee's report is unfounded, or amounts to a mere technical violation, and is not made in good faith, the public body may take disciplinary action including termination. Any public body covered by this chapter may impose disciplinary sanctions, in accordance with its internal disciplinary procedures, against any of its direct line supervisory employees who retaliate against another employee for having filed a good faith report under this chapter.
(B) If the employee's report results in a saving of any public money from the abuses described in this chapter, twenty-five percent of the estimated net savings resulting from the first year of implementation of the employee's report, but not more than two thousand dollars, must be rewarded to the employee by the public body as determined by the State Budget and Control Board. This chapter does not supersede the State Employee Suggestion Program. For employees of state agencies participating in the program, items that they identify involving wrongdoing must be referred as a suggestion to the program by the employee. An employee is entitled to only one reward either under this section or under the program, at the employee's option."
C. Section 8-27-30 of the 1976 Code, as added by Act 354 of 1988, is amended to read:
"Section 8-27-30. (A) If an employee is dismissed, suspended from employment, demoted, or receives a decrease in compensation, within one year after having timely reported an alleged wrongdoing under this chapter, the employee may institute a nonjury civil action against the employing public body for (1) reinstatement to his former position; (2) lost wages; (3) actual damages not to exceed fifteen thousand dollars; and (4) reasonable attorney fees as determined by the court, but this award of attorney fees may not exceed ten thousand dollars for any trial and five thousand dollars for any appeal. The action must be brought in the court of common pleas of the county in which the employment action occurred. No action may be brought under this chapter unless (1) the employee has exhausted all available grievance or other administrative remedies; and (2) any previous proceedings have resulted in a finding that the employee would not have been disciplined but for the reporting of alleged wrongdoing.
(B) An action under this chapter must be commenced within one year after the accrual of the cause of action or exhaustion of all available grievance or other administrative and judicial remedies or is forever barred."
D. Section 8-27-40 of the 1976 Code, as added by Act 354 of 1988, is amended to read:
"Section 8-27-40. Notwithstanding the filing of a report pursuant to this chapter, a public body may dismiss, suspend, demote, or decrease the compensation of an employee for causes independent of the filing of a protected report as described in Section 8-27-20."
E. This section takes effect upon approval by the Governor and applies with respect to any personnel actions taken after that date.
TO AMEND SECTION 12-27-1320, AS AMENDED, OF THE 1976 CODE, RELATING TO
GOALS OR SET-ASIDES FOR BUSINESSES OWNED AND CONTROLLED BY DISADVANTAGED
MINORITIES OR FEMALES, SO AS TO INCLUDE ALL "C" FUNDS IN THE TOTAL
STATE SOURCE HIGHWAY FUNDS.
Section 12-27-1320(A) of the 1976 Code, as last amended by Section 28B, Part II, Act 612 of
1990, is further amended to read:
"(A) Of total state source highway funds, including revenues generated by Section 12-27-400, expended in a fiscal year on highway, bridge, and building construction, and building renovation contracts, the Department of Highways and Public Transportation and counties shall ensure that not less than:
(1) five percent are expended through direct contracts with estimated values of two hundred fifty thousand dollars or less with small business concerns owned and controlled by socially and economically disadvantaged ethnic minorities (MBEs); and
(2) five percent are expended through direct contracts with estimated values of two hundred fifty thousand dollars or less with firms owned and controlled by disadvantaged females (WBEs).
The two hundred fifty thousand dollars value limits may be raised in the discretion of the department as MBEs/WBEs are able to provide bondability."
TO AMEND SECTION 56-3-670 OF THE 1976 CODE, RELATING TO THE LICENSING OF
FARM TRUCKS, SO AS TO PROVIDE ADDITIONAL USES OF FARM TRUCK AND REVISE
CERTAIN LICENSE FEES; TO AMEND SECTION 56-5-4020, RELATING TO THE EXEMPTION
FROM SIZE, WEIGHT, AND LOAD REQUIREMENTS FOR CERTAIN VEHICLES, SO AS TO
REVISE THE LIMITATION ON THE APPLICATION OF THE EXEMPTION TO VEHICLES
TWELVE FEET IN WIDTH OR LESS; TO AMEND SECTION 56-5-4150, AS AMENDED,
RELATING TO VEHICLE LOAD CAPACITY, SO AS TO REQUIRE THE TRUE UNLOADED
WEIGHT SIGN ON FARM TRUCKS; TO AMEND SECTION 56-5-4185, RELATING TO PERMITS
FOR COTTON MODULAR VEHICLES, SO AS TO REVISE THE REQUIREMENTS FOR THE
PERMIT; AND TO AMEND SECTION 56-5-4900, AS AMENDED, RELATING TO REGULATIONS
ON BRAKES AND EXCEPTIONS FOR FARM TRAILERS, SO AS TO REVISE THE EXCEPTIONS
FOR FARM TRAILERS.
Whereas, the General Assembly recognizes the importance of agriculture to the well-being of both
the citizens and the economy of the state; and
Whereas, in order for agriculture to perform at peak levels, the highway laws should be updated to allow the modern and more efficient agricultural equipment to safely operate on the state's highways and roads; and
Whereas, agricultural equipment is rarely on the highways for an extended period of time, but farmers must be able to move commodities safely when needed. Now, therefore,
A. Section 56-3-670 of the 1976 Code is amended to read:
"Section 56-3-670. (A) For the purpose of this section `farm truck' is defined as a truck used exclusively by the owner for agricultural, horticultural, and dairying operations or livestock and poultry raising. However, farm trucks, with an empty weight of less than 7,500 pounds, may be used for ordinary, domestic purposes and general transportation, but must not be used to transport persons or property for hire.
(B) The department shall issue to bona fide farmers special farm vehicle licenses for farm trucks for a
fee as provided in this subsection according to the maximum empty weight of the truck:
(1) 5,000 pounds: 4 ton or more: $12.00;
(2) 7,500 pounds: 6 ton or more: $12.00;
(3) 10,500 pounds: 8 ton or more: $15.00;
(4) 12,500 pounds: 10 ton or more: $30.00;
(5) 12,501 pounds and above:
(a) 15 ton or more: $ 60.00;
(b) 20 ton: $ 80.00;
(c) 25 ton: $100.00;
(d) 30 ton: $120.00.
(C) A person who certifies to the department he is a bona fide farmer, is issued a farm license plate for the purpose defined in this section, and uses the license plate for purposes other than those defined is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days, or both."
B. Section 56-5-4020 of the 1976 Code is amended to read:
"Section 56-5-4020. (A) Except as provided in Section 56-5-4140(2), the provisions of this article governing size, weight, and load do not apply to fire apparatus, road machinery or implements, and products of husbandry including farm tractors, timber equipment, liquid fertilizer storage facilities, and vehicles or combinations of vehicles used to transport, store, or spread lime, nitrogen, or other soil improvement products for agricultural purposes moved upon the highways so as not to damage the highways nor unduly interfere with highway traffic, or to vehicles operated under terms of special permits issued pursuant to this chapter. The exemptions do not apply to Section 56-5-4230. With regard to vehicles or combinations of vehicles used to transport, store, or spread soil improvement products and to transport products of husbandry exempted pursuant to this section, the owners shall obtain an annual permit to operate the vehicle as provided in Section 56-5-4170 which prescribes the specific conditions of the exemption.
(B) For purposes of this section, `timber equipment' means implements of silviculture including, but not limited to, machinery used in establishing, tending, harvesting, and protecting forest crops such as tree shears, chippers, slashers, log loaders, skidders, and fellers.
(C) None of the vehicles or devices exempted by this section may exceed twelve feet in width, except
farm implements which may not exceed sixteen feet in width, and they may be moved only in clear
weather conditions during daylight hours."
C. The first paragraph of Section 56-5-4150 of the 1976 Code, as last amended by Act 498
of 1992, is further amended to read:
"The department upon registering a vehicle, under the laws of this State, which is designed and used primarily for the transportation of property or for the transportation of ten or more persons, may require information and may make investigation or tests necessary to enable it to determine whether the vehicle may be operated safely upon the highways in accordance with all the provisions of this chapter. The department may register the vehicle for a load capacity which, added to the empty or unloaded weight of the vehicle, will result in a permissible gross weight not exceeding the limitations set forth in this chapter. It is unlawful for a person to operate a vehicle or combination of vehicles with a load capacity in excess of that for which it is registered by the department or in excess of the limitations set forth in this chapter. A person making application for a `farm truck' license shall declare in the form prescribed by the department the true unloaded or empty weight of the vehicle and shall stencil or mark in a conspicuous place on the left side of the vehicle the true unloaded or empty weight if the unloaded or empty weight is over five thousand pounds."
D. The first paragraph of Section 56-5-4185 of the 1976 Code, as added by Act 35 of 1991, is amended to read:
"Notwithstanding Section 56-5-4030 or any other provision of this chapter, the department shall issue, under terms and conditions that are in the public interest for safety on the highways, permit for the use on the public highways of cotton modular vehicles. The permit must be issued annually and it allows movement on the highways at any time. For the purposes of this section, `cotton modular vehicle' is defined as a single motor vehicle used only to transport seed cotton modules, cotton, or equipment used in the transporting or processing of cotton. This cotton modular vehicle must not exceed a width of one hundred seven inches and must not exceed a length of fifty feet extreme overall dimensions and inclusive of front and rear bumpers and load. To be valid, the permit must be carried on the vehicle, and it is unlawful for a person to violate any provision, term, or condition of the permit. The fee for the permit is fifty dollars and authorizes the use of only one properly described cotton modular vehicle. Loaded cotton modular vehicles may not be operated on interstate highways."
E. Section 56-5-4900 of the 1976 Code, as last amended by Act 479 of 1992, is further amended to read:
"Section 56-5-4900.Sections 56-5-4850 to 56-5-4890 do not apply to trailers, not exceeding eight thousand pounds gross weight, which are pulled behind farm tractors or trucks and used in the transportation of farm products and articles to and from farms. These trailers may not exceed a speed of twenty miles an hour. However, farm trailers exceeding eight thousand pounds gross weight, excluding gooseneck-type trailers, which are not equipped with brakes must be pulled by tow vehicles whose empty vehicle weight is at least one-half of the farm trailer's gross vehicle weight. These trailers may not exceed a speed of thirty miles an hour and may only be pulled in clear weather conditions.
Two small tobacco trailers may be pulled in tandem if:
(1) the maximum trailer length of each trailer is thirteen feet six inches;
(2) the maximum gross weight of each trailer is 3,000 pounds;
(3) the maximum speed is twenty miles an hour;
(4) within a twenty-mile radius of the operations center; and
(5) operated in daylight hours only.
Notwithstanding any other provision of this section or of this chapter, all farm and tobacco trailers when towed must be secured by a pintle hook, spring-load latch, safety lock hitch pin, or equivalent mechanism and also must be equipped with and shall have in use safety chains secured by a spring-loaded latch or other mechanism to ensure positive closure under loaded, operating conditions when the trailers are used to haul farm products and articles on the roads, streets, or highways of this State."
TO AMEND THE 1976 CODE BY ADDING SECTION 20-7-1640 SO AS TO REQUIRE THAT A
PERSON APPLYING FOR LICENSURE AS A FOSTER PARENT AND A PERSON EIGHTEEN
YEARS OF AGE OR OLDER RESIDING IN THAT HOME MUST UNDERGO A STATE LAW
ENFORCEMENT DIVISION AND FEDERAL BUREAU OF INVESTIGATION FINGERPRINT
REVIEW BEFORE THE PERSON MAY BE LICENSED AS A FOSTER PARENT; AND TO PROVIDE
THAT A FEE FOR A FEDERAL BUREAU OF INVESTIGATION REVIEW MUST BE PAID BY THE
INDIVIDUAL.
A. The 1976 Code is amended by adding:
"Section 20-7-1640. (A) A person applying for licensure as a foster parent and a person eighteen years of age or older, residing in a home in which a person has applied to be licensed as a foster parent, must undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprinting review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. No person may be licensed as a foster parent until these fingerprint reviews have been conducted and the results submitted to the Department of Social Services.
(B) Any fee charged by the Federal Bureau of Investigation for the fingerprint review must be paid by the individual."
B. This section takes effect July 1, 1993.
TO AMEND SECTION 59-31-530 OF THE 1976 CODE, RELATING TO TEXTBOOK
CONTRACTS, SO AS TO PROVIDE THAT CONTRACTS WITH TEXTBOOK PUBLISHERS AND
INSTRUCTIONAL MATERIALS' PROVIDERS SHALL RUN FOR NOT LESS THAN ONE NOR
MORE THAN SIX YEARS.
A. Section 59-31-530 of the 1976 Code is amended to read:
"Section 59-31-530.Original contracts made with publishers of all textbooks and providers of instructional materials shall run for not less than one year nor more than six years."
B. This section takes effect July 1, 1993, and applies with respect to contracts executed after June 30, 1993.
TO AMEND SECTION 51-17-115 OF THE 1976 CODE, RELATING TO THE HERITAGE
LAND TRUST FUND, SO AS TO PROVIDE FOR MANAGEMENT DEVELOPMENT TO PROTECT
PRIORITY AREAS AND RELATED EXPENDITURES.
Section 51-17-115 of the 1976 Code is amended to read:
"Section 51-17-115.There is created the Heritage Land Trust Fund, which must be kept separate from other funds of the State. The fund must be administered by the Wildlife and Marine Resources Commission for the purpose of acquiring fee simple or lesser interest in priority areas, legal fees, appraisals, surveys, or other costs involved in the acquisition of interest in priority areas, and for the development of minimal facilities and management necessary for the protection of the essential character of priority areas. Expenditures under this section for management may not exceed ten percent of revenues to the fund in any fiscal year.
Unexpended balances, including interest derived from the fund, must be carried forward each year and used only for the purposes provided in this chapter.
No fund money may be expended to acquire interest in property by eminent domain nor may the funds be expended to acquire interest in property without a recommendation of the Heritage Trust Advisory Board and the approval of the State Budget and Control Board.
The Wildlife and Marine Resources Commission shall report by letter to the presiding officers of the General Assembly not later than January fifteenth each year all funds expended pursuant to this chapter for the previous year, including the amount of funds expended and the uses to which the expenditures were applied.
The fund is eligible to receive appropriations of state general funds, federal funds, donations, gifts, bond issue receipts, securities, and other monetary instruments of value. Reimbursement for monies expended from this fund must be deposited in this fund. Funds received through sale, exchange, or otherwise of any Heritage Preserve acquired under this section, or products of the Preserve such as timber, utility easement rights, and the like, accrue to the fund."
TO AMEND THE 1976 CODE BY ADDING SECTION 14-1-213 SO AS TO IMPOSE AN ADDITIONAL SURCHARGE OF TEN PERCENT NOT TO EXCEED FIVE HUNDRED DOLLARS ON THE FINE IMPOSED FOR SPECIFIED CRIMINAL OFFENSES TO BE USED FOR CERTAIN DEFENSE OF INDIGENTS; TO DESIGNATE SECTIONS 17-3-10 THROUGH 17-3-110 OF THE 1976 CODE AS ARTICLE 1, CHAPTER 3, TITLE 17 ENTITLED "GENERAL PROVISIONS"; TO AMEND CHAPTER 3 OF TITLE 17, RELATING TO DEFENSE OF INDIGENTS BY ADDING ARTICLE 3, SO AS TO ESTABLISH THE COMMISSION ON INDIGENT DEFENSE AND PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES AND TO ESTABLISH THE OFFICE OF INDIGENT DEFENSE; TO AMEND SECTION 16-3-26, RELATING TO DEFENSE OF INDIGENTS IN CAPITAL CASES, SO AS TO, AMONG OTHER THINGS, ESTABLISH MAXIMUM HOURLY RATES AND MAXIMUM PAYMENTS FOR APPOINTED ATTORNEYS, EXPERT WITNESSES, AND INVESTIGATIVE ASSISTANCE AND TO REQUIRE A HEARING ON FEES, COSTS, AND OTHER EXPENSES AND TO REQUIRE THE SUPREME COURT TO PROMULGATE GUIDELINES CONCERNING QUALIFICATIONS NECESSARY TO BE A DEATH PENALTY QUALIFIED ATTORNEY; TO AMEND SECTION 17-3-30, AS AMENDED, RELATING TO PERSONS UNABLE TO EMPLOY COUNSEL, SO AS TO, AMONG OTHER THINGS, IMPOSE AN APPLICATION FEE FOR PUBLIC DEFENDER SERVICES TO BE USED EXCLUSIVELY FOR CERTAIN DEFENSE OF INDIGENTS; TO AMEND SECTION 17-3-50 AND SECTION 17-3-80, AS AMENDED, RELATING TO THE DEFENSE OF INDIGENTS, SO AS TO, AMONG OTHER THINGS, ESTABLISH MAXIMUM HOURLY RATES AND MAXIMUM PAYMENTS FOR APPOINTED ATTORNEYS, EXPERT WITNESSES, AND INVESTIGATIVE ASSISTANCE, AND TO PROVIDE FOR FUNCTIONS OF THE OFFICE OF INDIGENT DEFENSE; AND TO REPEAL SECTION 17-23-70 RELATING TO THE APPOINTMENT OF COUNSEL IN CAPITAL CASES.
A. The 1976 Code is amended by adding:
"Section 14-1-213.In addition to all other fees, fines, and court costs, there is imposed a surcharge of ten percent of the amount of the fine up to a maximum of five hundred dollars on every person who is convicted of, pleads guilty to, or pleads nolo contendere to an offense in (1) general sessions court, or (2) magistrates' courts or municipal courts of this State, except for a nonmoving traffic offense. This fee must not be waived, reduced, or suspended. The clerk of court, magistrate, or municipal court judge shall collect the surcharges imposed by this section and remit the proceeds to the State Treasurer on a monthly basis. The monies collected under the provisions of this subsection must be deposited in an interest-bearing account separate from the general fund and used only to provide for indigent defense services. The monies must be administered by the Office of Indigent Defense."
B. Sections 17-3-10 through 17-3-110 of the 1976 Code are designated Article 1, Chapter 3, Title 17 of the 1976 Code entitled "General Provisions".
C. Chapter 3, Title 17 of the 1976 Code is amended by adding:
Section 17-3-310. (A) There is created the Commission on Indigent Defense consisting of seven members appointed by the Governor on the recommendation of the South Carolina Public Defender Association as follows:
(1) one from each congressional district; and
(2) one from the State at large who shall serve as chairman.
Members shall serve for terms of four years and until their successors are appointed and qualify except that those first appointed to represent the first, third, and fifth congressional districts shall serve for a two-year term. Vacancies must be filled in the manner of original appointment for the unexpired portion of the term. No person may be appointed to the commission or, once appointed, may continue to serve on the commission unless the person is a public defender.
(B) The commission may adopt an appropriate seal and promulgate regulations consistent with the provisions of this article to govern its operations and procedures and shall supervise the operations of the Office of Indigent Defense.
Section 17-3-320. There is created the Office of Indigent Defense under the jurisdiction of the commission. The office must be administered by an executive director appointed by the commission together with such other administrative and clerical staff as the commission considers necessary.
Section 17-3-330. The Office of Indigent Defense shall:
(1) serve as the entity which distributes all funds appropriated by the General Assembly for the defense of indigents, including funds allocated to counties pursuant to formula, funds for the defense of capital cases, and other funds appropriated for these purposes;
(2) perform those functions provided under Section 16-3-26(G);
(3) serve as a resource for the compilation of accurate statistical data covering the indigent defense system in this State;
(4) implement other duties the commission may direct; and
(5) report annually to the General Assembly on the indigent defense system."
D. Section 16-3-26 of the 1976 Code is amended to read:
"Section 16-3-26. (A) Whenever the solicitor seeks the death penalty he shall notify the defense attorney of his intention to seek such penalty at least thirty days prior to the trial of the case. At the request of the defense attorney, the defense attorney shall be excused from all other trial duties ten days prior to the term of court in which the trial is to be held.
(B) Whenever any person is charged with murder and the death penalty is sought, the court, upon determining that such person is unable financially to retain adequate legal counsel, shall appoint two attorneys to defend such person in the trial of the action. One of the attorneys so appointed shall have at least five years' experience as a licensed attorney and at least three years' experience in the actual trial of felony cases, and only one of the attorneys so appointed shall be the Public Defender or a member of his staff. In all cases where no conflict exists, the public defender or member of his staff shall be appointed if qualified. If a conflict exists, the court shall then turn first to the contract public defender attorneys, if qualified, before turning to the Office of Indigent Defense.
Notwithstanding any other provision of law, the court shall order payment of all fees and costs from funds available to the Office of Indigent Defense for the defense of indigents. Any attorney appointed shall be compensated at a rate not to exceed fifty dollars per hour for time expended out of court and seventy-five dollars per hour for time expended in court. Compensation shall not exceed twenty-five thousand dollars and shall be paid from funds available to the Office of Indigent Defense for the defense of indigents represented by court-appointed, private counsel.
(C) Upon a finding in ex parte proceedings that investigative, expert, or other services are reasonably necessary for the representation of the defendant whether in connection with issues relating to guilt or sentence, the court shall authorize the defendant's attorneys to obtain such services on behalf of the defendant and shall order the payment, from funds available to the Office of Indigent Defense, of fees and expenses not to exceed twenty-five hundred dollars as the court shall deem appropriate. Payment of such fees and expenses may be ordered in cases where the defendant is an indigent represented by either court-appointed, private counsel or the public defender.
(D) Payment in excess of the hourly rates and limit in subsection (B) or (C) is authorized only if the court certifies, in a written order with specific findings of fact, that payment in excess of the rates is necessary to provide compensation adequate to ensure effective assistance of counsel and payment in excess of the limit is appropriate because the services provided were reasonably and necessarily incurred. Upon a finding that timely procurement of such services cannot await prior authorization, the court may authorize the provision of and payment for such services nunc pro tunc.
(E) After completion of the trial, the court shall conduct a hearing to review and validate the fees, costs, and other expenditures on behalf of the defendant.
(F) The Supreme Court shall promulgate guidelines on the expertise and qualifications necessary for attorneys to be certified as competent to handle death penalty cases.
(G) The Office of Indigent Defense shall maintain a list of death penalty qualified attorneys who have applied for and received certification by the Supreme Court as provided for herein. In the event the court appointed counsel notifies the chief administrative judge in writing that he or she does not wish to provide representation in a death penalty case, the chief administrative judge shall advise the Office of Indigent Defense which shall forward a name or names to the chief administrative judge for consideration. The appointment power is vested in the chief administrative judge. The Office of Indigent Defense shall establish guidelines as are necessary to ensure that attorneys' names are presented to the judges on a fair and equitable basis taking into account geography and previous assignments from the list. Efforts shall be made to present an attorney from the area or region where the action is initiated."
E. Section 17-3-30 of the 1976 Code, as last amended by Act 356 of 1988, is further amended to read:
"Section 17-3-30. (A) A person to whom counsel has been provided shall execute an affidavit that he is financially unable to employ counsel and that affidavit shall set forth all his assets. If it appears that the person has some assets but they are insufficient to employ private counsel, the court, in its discretion, may order the person to pay these assets to the defender corporation of the county or counties wherein he is being represented or, if a defender corporation does not exist therein, to the judicial department of the State of South Carolina.
(B) A twenty-five dollar application fee for public defender services must be collected from every person who executes an affidavit that he is financially unable to employ counsel. The person may apply to the clerk of court or other appropriate official for a waiver or reduction in the application fee. If the clerk or other appropriate official determines that the person is unable to pay the application fee, the fee may be waived or reduced. The clerk of court or other appropriate official shall collect the application fee imposed by this section and remit the proceeds to the state fund on a monthly basis. The monies must be deposited in an interest-bearing account separate from the general fund and used only to provide for indigent defense services. The monies shall be administered by the Office of Indigent Defense. The monies collected pursuant to this provision shall be used for the payment of court-appointed private counsel to represent indigent defendants and the fees and expenses court-ordered in the defense of all indigents whether they are represented by the public defender corporation of the county or court-appointed private counsel. However, each county public defender corporation shall receive an annual appropriation from this fund.
(C) Sufficient funds shall be set aside from allocations provided for the defense of indigents to provide for adequate screening of applications for indigent assistance to ensure the applicant is qualified."
F. Section 17-3-50 of the 1976 Code is amended to read:
"Section 17-3-50. (A) When private counsel is appointed pursuant to this chapter and in accordance with a plan of appointment promulgated by the bar of each county, he shall be paid a reasonable fee to be determined on the basis of forty dollars per hour for time spent out of court and sixty dollars per hour for time spent in court. The same hourly rates shall apply in post-conviction proceedings. Compensation shall not exceed three thousand five hundred dollars in a case in which one or more felonies is charged and one thousand dollars in a case in which only misdemeanors are charged. Compensation shall be paid from funds available to the Office of Indigent Defense for the defense of indigents represented by court-appointed, private counsel. The same basis shall be employed to determine the value of services provided by the office of the public defender for purposes of Section 17-3-40 hereof.
(B) Upon a finding in ex parte proceedings that investigative, expert, or other services are reasonably necessary for the representation of the defendant, the court shall authorize the defendant's attorney to obtain such services on behalf of the defendant and shall order the payment, from funds available to the Office of Indigent Defense, of fees and expenses not to exceed five hundred dollars as the court considers appropriate.
(C) Payment in excess of the hourly rates and limits in subsection (A) or (B) is authorized only if the court certifies, in a written order with specific findings of fact, that payment in excess of the rates is necessary to provide compensation adequate to ensure effective assistance of counsel and payment in excess of the limit is appropriate because the services provided were reasonably and necessarily incurred.
(D) Nothing in this section shall be construed to alter the provisions of Section 17-3-10 concerning those defendants who are entitled to legal representation."
G. Section 17-3-80 of the 1976 Code, as last amended by Act 142 of 1987, is further amended to read:
"Section 17-3-80.In addition to the appropriation in Section 17-3-70, there is appropriated for the fiscal year commencing July 1, 1969, the sum of fifty thousand dollars for the establishment of the defense fund which must be administered by the Office of Indigent Defense. This fund must be used to reimburse private-appointed counsel, public defenders, and assistant public defenders for necessary expenses, not to exceed two thousand dollars for each case, actually incurred in the representation of persons pursuant to this chapter, so long as the expenses are approved by the trial judge. No reimbursement may be made for travel expenses except extraordinary travel expenses approved by the trial judge. The total state funds provided by this section may not exceed fifty thousand dollars."
H. Section 17-23-70 of the 1976 Code is repealed.
I. This section takes effect July 1, 1993, and the ten percent surcharge on criminal fines and the public defender services' application fee shall be collected for every offense occurring on or after July 1, 1993. The payment schedule set forth in Section 17-3-50 shall apply to any case for which the arrest has occurred, or for which the warrant or indictment has been issued, on or after July 1, 1993. The payment schedule set forth in Section 16-3-26 shall apply to any case for which the indictment was issued on or after December 7, 1992.
TO AMEND THE 1976 CODE BY ADDING SECTION 8-11-170 SO AS TO PROHIBIT DUAL
EMPLOYMENT BY A STATE AGENCY HEAD WITHOUT PRIOR APPROVAL BY THE AGENCY
HEAD SALARY COMMISSION AND THE STATE BUDGET AND CONTROL BOARD.
A. Article 1, Chapter 11, Title 8 of the 1976 Code is amended by adding:
"Section 8-11-170.No agency head may be dually employed by another state agency or institution of higher education without prior approval by the Agency Head Salary Commission and the State Budget and Control Board."
B. This section takes effect July 1, 1993.
TO AMEND THE 1976 CODE BY ADDING SECTION 12-21-2423 SO AS TO DEDICATE
ONE-FOURTH OF ADMISSIONS TAX REVENUES FROM THE FIRST FIFTEEN YEARS OF
OPERATION OF A MAJOR TOURISM OR RECREATION FACILITY TO THE COUNTY OR
MUNICIPALITY IN WHICH THE FACILITY IS LOCATED FOR ADDITIONAL INFRASTRUCTURE
IMPROVEMENTS, TO DEDICATE AN ADDITIONAL ONE-FOURTH OF SUCH ADMISSIONS
TAXES FOR FIFTEEN YEARS TO A SPECIAL TOURISM INFRASTRUCTURE DEVELOPMENT
FUND WHICH MUST BE USED TO PROVIDE INFRASTRUCTURE DEVELOPMENT GRANTS TO
LOCAL UNITS OF GOVERNMENT WITHIN FIVE MILES OF A MAJOR TOURISM OR
RECREATION FACILITY, TO DEFINE "MAJOR TOURISM OR RECREATION
FACILITY" AND "ADDITIONAL INFRASTRUCTURE IMPROVEMENTS", AND
TO AMEND SECTION 41-45-20, AS AMENDED, RELATING TO THE COORDINATING COUNCIL
FOR ECONOMIC DEVELOPMENT, SO AS TO GIVE THE COUNCIL AUTHORITY TO APPROVE
LOCAL INFRASTRUCTURE GRANTS.
A. Article 17, Chapter 21, Title 12 of the 1976 Code is amended by adding:
"Section 12-21-2423.An amount equal to one-fourth of the license tax on admissions to a major tourism or recreation facility collected by the Tax Commission beginning when the facility is open to the general public and ending fifteen years thereafter must be paid to the county or municipality in which the major tourism or recreation facility is located to be used directly or indirectly for additional infrastructure improvements. If the facility is located in an unincorporated area of a county, the payment must be made to the county governing body and, if located within the corporate limits of a municipality, the payment must be made to the municipal governing body. The county or municipal governing body may share funds received from these payments with another county, special purpose district, or municipal governing body to provide additional infrastructure facilities or services in support of the tourism or recreation facility that generates the admission tax revenues responsible for the payments. An additional amount equal to one-fourth of the license tax on admissions to a major tourism or recreation facility collected by the Tax Commission beginning when the facility is open to the general public and ending fifteen years thereafter must be transferred to the State Treasurer to be deposited into a special tourism infrastructure development fund and distributed pursuant to the approval of the South Carolina Coordinating Council for Economic Development as provided in this section. Deposits into the fund must be separated into special accounts based on which facility generated the transfer. Local units of governments within five miles of a major tourism or recreation facility may apply to the council for infrastructure development grants from the special account for which they are eligible. The amount of the funds received by each of the eligible local governments must be determined by the council based upon its review of a grant application submitted by each government. Preference must be given to applications for projects which directly or indirectly serve the generating facility or other development occurring as a result of the generating facility. Grants may run for more than one year and may be based upon a specified dollar amount or a percentage of the funds annually deposited into the special account. After approval of a grant application the council may approve the release of funds to eligible local governments. Funds must be used directly or indirectly for additional infrastructure improvements provided in this section. The council shall adopt guidelines to administer the fund including, but not limited to, tourism infrastructure development grant application criteria for review and approval of grant applications. Expenses incurred by the council in administering the fund may be paid from the fund.
For purposes of this section `major tourism or recreation facility' means an establishment to which an aggregate investment in land and new capital assets or in refurbishing or expanding an existing facility of at least twenty million dollars is made within a five-year period and which is used for a theme park, an amusement park, an historical, educational, or trade museum, a botanical or zoological garden, an aquarium, a cultural center, a theater, a motion picture production studio, a convention center, an arena, a coliseum, an auditorium, or a spectator or participatory sports facility and similar establishments. Secondary support facilities such as food and retail services located within or immediately adjacent to and which directly support the primary `tourism or recreation facility' are included as part of the aggregate investment of at least twenty million dollars for the primary tourism or recreation facility. For purposes of this section `additional infrastructure improvement' means a publicly-owned road or pedestrian access way, a right-of-way, a bridge, a water and sewer facility, an electric or a gas facility, a landfill or waste treatment facility, a hospital or other medical facility, a fire station, a school, a transportation facility, or similar infrastructure facility and facilities ancillary thereto including, but not limited to, a publicly-owned tourism or recreation facility which generated the admissions tax from which funds were paid to a county, municipality, or special purpose district."
B. Section 41-45-20, as amended, of the 1976 Code is amended by adding an appropriately lettered item to read:
"( ) Approval of infrastructure development grants for local units of government pursuant to Section 12-21-2423."
C. This section takes effect July 1, 1993, and applies to any major tourism or recreation facility as defined in Section 12-21-2423 of the 1976 Code as added by subsection (A) which opens to the general public on or after January 1, 1993.
TO AMEND SECTION 12-27-1270, AS AMENDED, OF THE 1976 CODE, RELATING TO THE
ECONOMIC DEVELOPMENT ACCOUNT FUNDED BY THE SHIMS TAX, SO AS TO INCREASE
THE FUND FROM FIFTEEN TO EIGHTEEN MILLION DOLLARS.
A. Section 12-27-1270 of the 1976 Code, as last amended by Section 71A, Part II, Act 501
of 1992, is further amended to read:
"Section 12-27-1270.The first eighteen 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 eighteen million dollars but not to exceed eighteen 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. This section takes effect July 1, 1993.
TO PROVIDE A STATEMENT OF INTENT OF THE GENERAL ASSEMBLY IN REGARD TO THE ACCOUNTABILITY OF STATE AGENCY, DEPARTMENT, AND INSTITUTION HEADS, AND THE EXPECTATION THAT THEY HAVE IN PLACE AN EFFECTIVE SYSTEM OF MANAGEMENT CONTROLS TO PREVENT AND DETECT IMPROPER CONDUCT, WASTE, OR ABUSE WITHIN THEIR AGENCY, DEPARTMENT, OR INSTITUTION.
It is the intent of the General Assembly to ensure that the heads of state agencies, departments, and institutions are held accountable for the effective and efficient use of the public resources entrusted to them annually in the appropriation process. Each agency, department, or institution head is expected to have in place an effective system of management controls to prevent and detect improper conduct by their employees. In the event of mismanagement, waste, or abuse allowed by an agency, department, or institution head, the Governor, constitutional officer, or governing board is expected to take swift and appropriate action to correct the matter and regain the public trust.
TO AMEND SECTION 59-5-65, AS AMENDED, OF THE 1976 CODE, RELATING TO THE
POWERS AND RESPONSIBILITIES OF THE STATE BOARD OF EDUCATION, SO AS TO
REQUIRE THE BOARD TO CONSULT WITH THE DEPARTMENT OF AGRICULTURAL
EDUCATION AT CLEMSON UNIVERSITY IN THE DEVELOPMENT OF ANY STATE PLAN
UNDER THE CARL PERKINS VOCATIONAL AND APPLIED TECHNOLOGY AND EDUCATION
ACT.
A. Section 59-5-65 of the 1976 Code is amended by adding an appropriately numbered item
to read:
"( ) consult with the Department of Agricultural Education of Clemson University at all steps in the development of any state plan prepared to satisfy any federal requirement related to the Carl Perkins Vocational and Applied Technology and Education Act or any successor federal law, including, but not limited to, the allocation or distribution of funds under this federal act."
B. This section takes effect July 1, 1993.
TO AMEND SECTION 13-9-30, AS AMENDED, OF THE 1976 CODE, RELATING TO THE POWERS AND DUTIES OF THE SAVANNAH VALLEY AUTHORITY, SO AS TO PROVIDE THAT THE AUTHORITY IS SUBJECT TO THE PROVISIONS OF THE CONSOLIDATED PROCUREMENT CODE AND THE COMPENSATION OF THE EXECUTIVE DIRECTOR OF THE AUTHORITY IS SUBJECT TO THE STATE AGENCY HEAD SALARY REVIEW PROCESS, TO PROVIDE THAT AUTHORITY EMPLOYEES ARE SUBJECT TO THE STATE UNIFORM CLASSIFICATION AND COMPENSATION PLAN UNTIL SUCH TIME AS THE AUTHORITY IS SELF-SUPPORTING, AND TO PROVIDE THAT BEGINNING JULY 1, 1993, THE COMPENSATION OF THE EXECUTIVE DIRECTOR MUST BE RE-EVALUATED BY THE STATE AGENCY HEAD SALARY COMMISSION.
A. Section 13-9-30(e) of the 1976 Code, as amended by Act 456 of 1992, is further amended to read:
"(e) notwithstanding any provision of law or regulation to the contrary, and in accordance with its own procurement procedures and regulations as approved by the Budget and Control Board, acquire, purchase, hold, use, improve, manage, lease, mortgage, pledge, sell, transfer, and dispose of any property, real, personal, or mixed, or any interest in any property, or revenues of the authority, including as security for notes, bonds, evidences of indebtedness, or other obligations of the authority. The authority is subject to the provisions of Title 11, Chapter 35. The authority has no power to pledge the credit and the taxing power of the State or any of its political subdivisions;".
B. Section 13-9-30(p) of the 1976 Code, as added by Act 456 of 1992, is amended to read:
"(p) employ and dismiss, at the will and pleasure of the authority, those employees, consultants, and other providers of services as the authority considers necessary and to fix and to pay their compensation; provided, that the state agency head salary review process and the rules and guidelines thereunder applies to the executive director of the authority. As of July 1, 1993, the compensation of the executive director of the authority must be re-evaluated by the State Agency Head Salary Commission in order that the appropriate adjustments be made. Except as provided above, employees of the authority or an entity established pursuant to Section 13-9-190 are not considered state employees except for eligibility for participation in the State Retirement System and the State Health Insurance Group Plans and pursuant to Chapter 78 of Title 15; provided, however, that employees of the authority are subject to the state uniform classification and compensation system until such time as the authority is self-supporting. Except as provided above, the provisions of Chapter 11 of Title 8 and Article 5, Chapter 17 of Title 8 do not apply to the authority. The authority is responsible for complying with the other state and federal laws covering employers. The authority may contract with the Division of Human Resources Management of the State Budget and Control Board to establish a comprehensive human resource management program."
TO AMEND THE 1976 CODE BY ADDING SECTION 2-17-17 SO AS TO PROVIDE THAT A
DEPARTMENT DIRECTOR, CONSTITUTIONAL OFFICER, AGENCY DIRECTOR, STATE BOARD
OR COMMISSION, OR GOVERNING BODY OF ANY OTHER ENTITY OF STATE GOVERNMENT
WHOSE DEPARTMENT, OFFICE, AGENCY, BOARD, COMMISSION, OR ENTITY EMPLOYS OR
CONTRACTS WITH A LOBBYIST, AS DEFINED IN SECTION 2-17-10, WHO IS NOT A
FULL-TIME EMPLOYEE OF THE STATE FROM STATE FUNDS MUST USE A PORTION OF
THOSE FUNDS TO PROVIDE IN A TIMELY FASHION COPIES OF THE DISCLOSURE
STATEMENTS AND REPORTS FILED BY THE LOBBYIST WITH THE SECRETARY OF STATE
OR STATE ETHICS COMMISSION BY MAIL TO THE HOME ADDRESS OF EACH MEMBER OF
THE BOARD, COMMISSION, OR GOVERNING BODY, AUTHORITY OR OFFICIAL OF SUCH
DEPARTMENT, AGENCY, OR ENTITY.
The 1976 Code is amended by adding:
"Section 2-17-17.A department director, constitutional officer, agency director, state board or commission, or governing body of any other entity of state government whose department, office, agency, board, commission, or entity employs or contracts with a lobbyist, as defined in Section 2-17-10, who is not a full-time employee of the state, from funds appropriated in the annual general appropriations act, must retain and use a portion of these funds to provide in a timely fashion copies of the disclosure statements and reports filed by the lobbyist with the Secretary of State or State Ethics Commission by mail to the home address of each member of the board, commission, or governing body, authority or official of such department, agency, or entity."
TO AMEND THE 1976 CODE BY ADDING SECTION 61-9-312 SO AS TO PROVIDE FOR A
SPECIAL VERSION OF A RETAIL BEER AND WINE PERMIT FOR OFF-PREMISES
CONSUMPTION WITH NO RESTRICTIONS ON THE DAYS OR HOURS OF SALES AND PROVIDE
FOR THE USE OF GENERATED REVENUE; TO REQUIRE THE ALCOHOLIC BEVERAGE
CONTROL COMMISSION TO PRORATE THE SPECIAL RETAIL PERMIT FEES PROVIDED IN
SECTION 61-9-312 FOR THE 1993-94 PERMIT YEAR; AND TO PROVIDE FOR APPROVAL
REFERENDUMS.
A. The 1976 Code is amended by adding:
"Section 61-9-312. In counties or municipalities where temporary permits are authorized to be issued pursuant to Section 61-5-180, in lieu of the retail permit fee required pursuant to Section 61-9-310, a retail dealer otherwise eligible for the retail permit under that section may elect to apply for a special version of that permit which allows sales for off-premises consumption without regard to the restrictions on the days or hours of sales provided in Sections 61-9-90, 61-9-100, 61-9-110, and 61-9-130. The annual fee for this special retail permit is one thousand dollars. Revenue generated by the fees must be credited to the general fund of the State. All other requirements for retail permits provided in Section 61-9-310 apply to the special permits authorized by this section."
B. The Alcoholic Beverage Control Commission shall prorate the special permit fees provided in Section 61-9-312 of the 1976 Code added in subsection A. for the 1993-94 permit year according to the length of time the permit is valid.
C. The special version of a retail beer and wine permit provided in Section 61-9-312 of the 1976 Code in subsection A. may be issued in counties or municipalities where temporary permits are authorized to be issued pursuant to Section 61-5-180 only after the effective date of this section. In counties or municipalities where temporary permits are authorized to be issued pursuant to Section 61-5-180 as of the effective date of this section, county or municipal election commissions shall conduct a referendum upon petition, as provided in Section 61-5-180, solely to determine if the special permits authorized in Section 61-9-312 are approved. If approved pursuant to the referendum provided in this subsection or pursuant to Section 61-5-180 after the effective date of this section, the special permits may be issued as provided in Section 61-9-312.
TO AMEND SECTION 12-37-450 OF THE 1976 CODE, RELATING TO THE REIMBURSEMENT TO COUNTIES AND MUNICIPALITIES FOR REVENUES LOST FROM THE BUSINESS INVENTORY TAX EXEMPTION, SO AS TO REQUIRE THE ALLOCATION OF THE REIMBURSEMENTS TO TAKE INTO ACCOUNT A MUNICIPALITY'S ANNEXATION OF A PORTION OF A SPECIAL PURPOSE DISTRICT AND ASSUMPTION IN THE ANNEXED AREA OF THE DISTRICT'S SERVICE FUNCTIONS.
A. Section 12-37-450 of the 1976 Code is amended by adding:
"(E) Where a portion of a special purpose district is annexed to a municipality, and its service functions in the annexed area are assumed by the municipality, the total amount remitted to the county and municipality under this section shall not exceed the total amount which would be remitted to the two entities separately. However, the assessed valuation and special purpose district tax levy for tax year 1987 with respect to the annexed portion of the special purpose district must be taken into consideration in determining the proportionate share of the total allocation due to the county and the municipality."
B. This section takes effect July 1, 1993.
TO AMEND SECTION 12-21-2720, AS AMENDED, OF THE 1976 CODE, RELATING TO THE LICENSES CHARGED FOR COIN-OPERATED MACHINES AND DEVICES, SO AS TO AUTHORIZE MUNICIPALITIES TO IMPOSE A MUNICIPAL LICENSE FEE NOT EXCEEDING TEN PERCENT OF THE STATE LICENSE FEE.
A. Section 12-21-2720(B) of the 1976 Code, as last amended by Act 501 of 1992, is further amended to read:
"(B) No municipality may limit the number of machines within the boundaries of the municipality. A municipality may by ordinance impose a license fee on machines licensed pursuant to subsection (A)(3) of this section in an amount not exceeding ten percent of the license fee imposed pursuant to subsection (A) for the equivalent license period."
B. This section takes effect July 1, 1993.
TO AMEND SECTION 12-21-2720, AS AMENDED, OF THE 1976 CODE, RELATING TO THE LICENSES CHARGED FOR COIN-OPERATED MACHINES AND DEVICES, SO AS TO AUTHORIZE COUNTIES TO IMPOSE A COUNTY LICENSE FEE NOT EXCEEDING TEN PERCENT OF THE STATE LICENSE FEE ON MACHINES LOCATED IN THE UNINCORPORATED AREA OF A COUNTY.
A. Section 12-21-2720 of the 1976 Code, as last amended by Act 501 of 1992, is further amended by adding an appropriately lettered subsection at the end to read:
"( ) A county may by ordinance impose a license fee on machines licensed pursuant to subsection (A)(3) of this section located in an unincorporated area of the county in an amount not exceeding ten percent of the regular license fee imposed pursuant to subsection (A) for the equivalent license period."
B. This section takes effect July 1, 1993.
TO AMEND SECTION 44-56-180 OF THE 1976 CODE RELATING TO THE HAZARDOUS WASTE CONTINGENCY FUND, SO AS TO AUTHORIZE, WITH APPROVAL OF THE HAZARDOUS WASTE MANAGEMENT SELECT OVERSIGHT COMMITTEE, THE USE OF FUNDS FOR PERSONNEL AND OPERATING COSTS TO IMPLEMENT THE DEPARTMENT'S PROGRAM FOR CONDUCTING THESE GOVERNMENTAL RESPONSE ACTIONS.
A. Section 44-56-180(a) of the 1976 Code is amended to read:
"(a) In determining the use of the fund for a particular governmental response action, the department shall consider the relative risk of danger to public health or welfare or the environment and the hazard potential of the substances involved including potential for fire, explosions, release of harmful air contaminants, direct human contact, contamination of surface water or groundwater including those used for drinking water supplies, and damages to sensitive ecosystems. With approval of the Hazardous Waste Management Select Oversight Committee, as established under Section 44-56-840, funds specified for governmental response actions must be available to the department for personnel and operating costs to implement its program for conducting these response actions. The department must, concurrent with taking a governmental response action, initiate the appropriate administrative action to exhaust any applicable liability insurance or other financial assurance mechanisms which have been provided by the responsible party and, where appropriate, funds available through P.L. 96-510. Use of the Fund for a response action is not stayed by any action for recovery. The department must initiate any legal actions which reasonably may result in recovery from the parties liable for the conditions necessitating the response action. Any funds recovered in relation to a response action from whatever source are to be placed in the Fund."
B. This section takes effect July 1, 1993.
TO AMEND SECTION 44-56-820 OF THE 1976 CODE, RELATING TO THE HAZARDOUS WASTE MANAGEMENT RESEARCH FUND, SO AS TO DELETE THE REFERENCE TO THE INTERNATIONAL INSTITUTE FOR WASTE MANAGEMENT AND TO PROVIDE THAT THE FUND MAY BE USED FOR THE RESEARCH OF WASTE MANAGEMENT PRACTICES THAT ARE IDENTIFIED THROUGH HAZARDOUS WASTE RESEARCH; TO AMEND SECTION 44-56-840, RELATING TO THE HAZARDOUS WASTE MANAGEMENT SELECT OVERSIGHT COMMITTEE, SO AS TO DELETE A DESIGNEE MEMBER FROM THE HAZARDOUS WASTE TASK FORCE AND TO AUTHORIZE REIMBURSEMENT FROM THE FUND FOR THE ATTENDANCE OF MEETINGS BY THE MEMBERS OF THE COMMITTEE.
A. Section 44-56-820 of the 1976 Code, as added by Act 196 of 1989, is amended to read:
"Section 44-56-820.The South Carolina Universities Research and Education Foundation is authorized to expend monies in the Hazardous Waste Management Research Fund only as provided in this article. The foundation shall establish a comprehensive research program with a primary emphasis on improving current hazardous waste management practices including, but not limited to, waste minimization and reduction and the development of more effective and efficient methods of conducting governmental response actions at abandoned or uncontrolled hazardous waste sites. The fund must be used for research that will:
(1) have a direct and positive impact on waste minimization and reduction in this State;
(2) recommend strategies to deal effectively with major existing hazardous waste management problems in this State and to improve current hazardous waste management practices;
(3) provide research and recommendations on cost-effective hazardous waste management techniques and new or emerging technologies for use in the public and private sectors including, but not limited to, the development of more efficient and effective methods of cleaning up abandoned or uncontrolled hazardous waste sites;
(4) provide hazardous waste management education, training, and public information;
(5) assess the impact of existing and emerging hazardous waste management practices on the public health and environment;
(6) provide research and recommendations on other waste management practices that may be identified through research conducted pursuant to this section."
B. Section 44-56-840 of the 1976 Code, as added by Act 196 of 1989, is amended to read:
"Section 44-56-840. (A) There is created a Hazardous Waste Management Select Oversight Committee to monitor funds generated from the fees imposed under Section 44-56-170(C) and (E) and designated for the fund under Section 44-56-810. The committee shall oversee the research efforts and projects approved for funding by the foundation. Notwithstanding any other provision of law, the committee is composed of:
(1) the Governor or his designee;
(2) the chairman of the House Agriculture and Natural Resources Committee or his designee;
(3) the chairman of the Senate Agriculture and Natural Resources Committee or his designee;
(4) the chairman of the House Labor, Commerce and Industry Committee or his designee;
(5) the chairman of the Senate Labor, Commerce and Industry Committee or his designee;
(6) the Commissioner of the Department of Health and Environmental Control or his designee;
(7) one member representing business and industry appointed by the Governor;
(8) one public member appointed by the Governor;
(9) one member representing environmental interests appointed by the Governor;
(10) the Lieutenant Governor or his designee.
(B) The chairman of the Select Oversight Committee must be elected from the membership of the committee.
(C) The committee shall meet quarterly and shall submit annually a report to the General Assembly on all funds monitored under the provisions of this section before March fifteenth. Staff support must come from existing staff assigned by the committee.
(D) Members of the committee shall receive the usual per diem, subsistence, and mileage that is provided by law for members of state boards, committees, and commissions. Per diem, subsistence, and mileage must be paid from the Hazardous Waste Management Research Fund."
C. This section takes effect July 1, 1993.
TO AMEND THE 1976 CODE BY ADDING SECTION 11-35-1600, SO AS TO DIRECT THE BUDGET AND CONTROL BOARD TO DEVELOP A PROGRAM TO MANAGE THE LEASING OF ALL PUBLIC AND PRIVATE SPACE OF STATE AGENCIES AND PROVIDE PROCEDURES THE REGULATIONS OF THE BOARD PERTAINING THERETO MUST INCLUDE.
The 1976 Code is amended by adding:
"Section 11-35-1600.The State Budget and Control Board, in an effort to ensure that funds authorized and appropriated for rent are used in the most efficient manner, is directed to develop a program to manage the leasing of all public and private space of state agencies. In accordance with Section 11-35-1590, the board's regulations, upon General Assembly approval, shall include procedures for:
(1) assessing and evaluating agency needs, including the authority to require agency justification for any request to lease public or private space;
(2) establishing standards for the quality and quantity of space to be leased by a requesting agency;
(3) devising and requiring the use of a standard lease form (approved by the Attorney General) with provisions which assert and protect the state's prerogatives including, but not limited to, a right of cancellation in the event of:
(a) a nonappropriation for the renting agency,
(b) a dissolution of the agency, and
(c) the availability of public space in substitution for private space being leased by the agency;
(4) rejecting an agency's request for additional space or space at a specific location, or both;
(5) directing agencies to be located in public space, when available, before private space can be leased;
(6) requiring the agency to submit a multi-year financial plan for review by the board's budget office with copies sent to Ways and Means Committee and Senate Finance Committee, before any new lease for space is entered into; and
(7) requiring prior review by the Joint Bond Review Committee and the requirement of Budget and Control Board approval before the adoption of any new lease that commits more than one million dollars in a five-year period."
TO AMEND SECTION 11-35-3020, AS AMENDED, OF THE 1976 CODE, RELATING TO CONSTRUCTION PROCUREMENT PROCEDURES, SO AS TO REVISE AND FURTHER PROVIDE FOR BID ACCEPTANCE PROCEDURES.
Section 11-35-3020(2)(b) of the 1976 Code, as last amended by Act 442 of 1992, is further amended to read:
"(b) Bid Acceptance. In lieu of Section 11-35-1520(7), the following provision applies. Bids must be accepted unconditionally without alteration or correction, except as otherwise authorized in this code. The using agency's invitation for bids shall set forth all requirements of the bid, including, but not limited to:
(i) The using agency, in consultation with the architect-engineer assigned to the project, shall identify by specialty in the invitation for bids all subcontractors, as defined by applicable documents of the American Institute of Architects, who are expected to perform work or render service to the prime contractor to or about the construction when those subcontractors' contracts are each expected to exceed three percent of the prime contractor's total base bid. In addition, the using agency, in consultation with the architect-engineer assigned to the project may identify by specialty in the invitation for bids any subcontractors who are expected to perform work which is vital to the project. The determination of which subcontractors are included in the list provided in the invitation for bids is not protestable under Section 11-35-4210 or any other provision of this code. Any bidder in response to an invitation for bids shall set forth in his bid the name of each subcontractor so identified in the invitation for bids. If the bidder determines to use his own employees to perform any portion of the work for which he would otherwise be required to list a subcontractor and if the bidder is qualified to perform such work under the terms of the invitation for bids, the bidder shall list himself in the appropriate place in his bid and not subcontract any of that work except with the approval of the using agency for good cause shown.
(ii) Failure to complete the list provided in the invitation for bids renders the bidder's bid unresponsive.
(iii) No prime contractor whose bid is accepted shall substitute any person as subcontractor in place of the subcontractor listed in the original bid, except for one or more of the following reasons:
(a) upon a showing satisfactory to the using agency by the contractor that a subcontractor who was listed is not financially responsible;
(b) upon a showing satisfactory to the using agency by the contractor that the scope of work bid by a listed subcontractor did not include a portion of the work required in the plans and specifications, and the exclusion is not clearly set forth in the listed subcontractor's original bid;
(c) upon a showing satisfactory to the using agency made by the contractor within four working days of the bid opening that the subcontractor was listed as a result of an inadvertent clerical error;
(d) upon a showing satisfactory to the using agency by the contractor that the listed subcontractor failed or refused to submit a performance and payment bond when requested by the prime contractor after the subcontractor had represented to the prime contractor that he could obtain a performance and payment bond;
(e) upon a showing satisfactory to the using agency by the contractor that the listed subcontractor is required to be licensed and does not have the license by the time it is required by law;
(f) when the listed subcontractor fails or refuses to perform his subcontract;
(g) when the work of the listed subcontractor is found by the using agency to be substantially unsatisfactory;
(h) upon mutual agreement of the contractor and subcontractor; (i) with the consent of the using agency for good cause shown. The request for substitution must be made to the using agency in writing. This written request does not give rise to any private right of action against the prime contractor in the absence of actual malice.
(iv) Where substitution is allowed, the prime contractor, before obtaining prices from any other subcontractor, must attempt in good faith to negotiate a subcontract with at least one subcontractor whose bid was received prior to the submission of the prime contractor's bid. Nothing in this section affects a contractor's ability to request withdrawal of a bid in accordance with the provisions of this code and the regulations promulgated under it.
(v) The using agency shall send all responsive bidders a copy of the bid tabulation within ten working days following the bid opening."
TO AMEND SECTION 11-9-660, AS AMENDED, OF THE 1976 CODE, RELATING TO THE INVESTMENT OF STATE FUNDS, SO AS TO PROVIDE THAT THE STATE TREASURER HAS FULL POWER TO INVEST AND REINVEST SUCH FUNDS AND TO REVISE THE LIST OF AUTHORIZED INVESTMENTS; AND TO REPEAL SECTION 11-9-661 RELATING TO STATE INVESTMENTS IN REPURCHASE AGREEMENTS.
A. Section 11-9-660 of the 1976 Code, as last amended by Act 314 of 1990, is further amended to read:
"Section 11-9-660.The State Treasurer has full power to invest and reinvest all funds of the State in any of the following:
(1) obligations of the United States, its agencies and instrumentalities;
(2) obligations of this State or any of its political subdivisions;
(3) obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, the African Development Bank, and the Asian Development Bank;
(4) obligations of any corporation within the United States if such obligations bear any of the three highest ratings of at least two nationally recognized rating services;
(5) certificates of deposit where the certificates are collaterally secured by securities of the type described in items (1) and (2) of this section and held by a third party as escrow agent or custodian, of a market value not less than the amount of the certificates of deposit so secured, including interest; but this collateral is not required to the extent the certificates of deposit are insured by an agency of the federal government; and
(6) repurchase agreements when collateralized by securities of the type described in items (1) and (2) of this section and held by a third party as escrow agent or custodian, of a market value not less than the amount of the repurchase agreement so collateralized, including interest."
B. Section 11-9-661 of the 1976 Code is repealed.
TO AMEND SECTION 12-7-437 OF THE 1976 CODE, RELATING TO THE DEDUCTION FROM TAXABLE INCOME OF A PORTION OF NET LONG-TERM CAPITAL GAIN, SO AS TO PROVIDE THAT THE DEDUCTION APPLIES TO NET CAPITAL GAIN.
A. Section 12-7-437 of the 1976 Code, as added by Act 189 of 1989, is amended to read:
"Section 12-7-437. (A) There is allowed a deduction from the South Carolina taxable income of individuals, partnerships (including S corporations), estates, and trusts equal to the following amounts of net capital gain recognized during the below-referenced taxable years:
(1) fourteen percent for taxable years beginning in 1990;
(2) twenty-nine percent for taxable years beginning in 1991;
(3) forty-four percent for taxable years beginning after 1991.
(B) For purposes of this section, net capital gain is as defined in the Internal Revenue Code of 1986, as amended through December 31, 1988, except that the required holding period is two or more years.
(C) The commission may promulgate regulations necessary to implement the provisions of this section."
B. This section is effective for taxable years beginning after 1992.
TO AMEND THE 1976 CODE BY ADDING ARTICLE 7 TO CHAPTER 54, TITLE 12 SO AS TO PROVIDE FOR REVOCATION OF PROFESSIONAL LICENSES BY THE TAX COMMISSION; AND BY ADDING SECTION 61-3-425 SO AS TO PROHIBIT A LICENSE FROM BEING ISSUED, RENEWED, OR TRANSFERRED BY THE ALCOHOLIC BEVERAGE CONTROL COMMISSION UNLESS IT IS SHOWN THAT THE APPLICANT DOES NOT OWE STATE OR FEDERAL DELINQUENT TAXES, PENALTIES, OR INTEREST.
A. Chapter 54, Title 12 of the 1976 Code is amended by adding:
Section 12-54-1010. (A) Every department, board, commission, division, authority, district, or other agency of the State or its subdivisions, including a municipality or district, issuing or renewing a license or other authority to conduct a profession, trade, or business annually shall furnish to the commission on forms it requires by regulation:
(1) before January thirty-first a list of all licenses or other authority issued or renewed by the agency during the preceding year;
(2) before July thirty-first a list of all persons furnishing goods, services, or real estate space to the agency during the preceding fiscal year. The commission, in its discretion, by regulation, may require municipalities and districts with a population exceeding a level it determines to furnish annually the information required under this item.
(B) The lists provided to the commission pursuant to subsection (A) must contain the name, address, and social security or federal identification number of the licensee or provider and other information the commission may require by regulation.
(C) If the commission determines from the information furnished pursuant to subsections (A) and (B) or otherwise that a person who holds a license or other authority issued by an agency, as defined in subsection (A), or who has agreed to furnish goods, services, or real estate space to an agency has neglected or refused to file returns or to pay a tax required under provisions of law administered by the commission and that the person has not filed in good faith a pending application for abatement of the tax or a pending petition before the appropriate authority contesting the tax, the commission shall notify the agency and the person in writing of that fact. Upon written request of the commission and after a hearing and notice to the licensee as required under applicable provisions of law, the agency shall revoke or suspend the license or certificate of authority if the agency finds the returns and taxes required under this title have not been filed or paid and that the licensee has not filed in good faith a pending application for abatement of the tax or a pending petition before the appropriate authority contesting the tax. For the purpose of these findings, the written representation to that effect by the commission to the agency constitutes prima facie evidence of that fact. The commission may intervene in a hearing conducted with respect to license revocation or suspension. Findings made by the agency with respect to license revocation or suspension must be made only for the purposes of the proceeding and are not relevant to and must not be introduced in another proceeding at law, except for an appeal from license revocation or suspension. A license or other authority suspended or revoked under this section must not be reissued or renewed until the agency receives a certificate issued by the commission that the licensee is in good standing with respect to returns due and taxes payable to the commission as of the date of issuance of the certificate, including taxes and returns referenced in the initial notification. A person aggrieved by a decision pursuant to this section may appeal pursuant to the Administrative Procedures Act.
Section 12-54-1020. (A) A person applying to an agency of the State, as defined in Section 12-54-1010(A), for a right or license to conduct a profession, trade, or business or for the renewal of the right or license shall certify upon application, under penalties of perjury, that he has complied with all laws of the State relating to taxes. The right or license must not be issued or renewed unless certification is made.
(B) No contract or other agreement for the purposes of providing goods, services, or real estate space to an agency, as defined in Section 12-54-1010(A), may be entered into, renewed, or extended with a person unless the person certifies in writing, under penalties of perjury, that he has complied with all laws of the State relating to taxes.
(C) An agency, as defined in Section 12-54-1010(A), which has been notified by the commission pursuant to provisions of law administered by the commission that a person who holds a license or certificate of authority issued by the agency or who has agreed to furnish goods, services, or real estate space to the agency has neglected or refused to file returns or to pay a tax required and that the person has not filed in good faith a pending application for abatement of the tax or a pending petition before the appropriate authority contesting the tax, shall refuse to reissue, renew, or extend the license or other authority, contract, or agreement until the agency receives a certificate issued by the commission that the person is in good standing with respect to returns due and taxes payable to the commission as of the date of issuance of the certificate, including returns and taxes referenced in the initial notification."
B. The 1976 Code is amended by adding:
"Section 61-3-425.No license may be issued under this title unless the applicant for a license or a renewal or a transfer of a license presents to the commission a signed statement from the South Carolina Tax Commission and from the Internal Revenue Service showing the applicant does not owe the state or federal government delinquent taxes, penalties, or interest."
C. This section, upon approval by the Governor, is effective for tax years or license periods beginning after December 31, 1993.
TO AMEND CHAPTER 21, TITLE 12 OF THE 1976 CODE, RELATING TO STAMP AND BUSINESS LICENSE TAXES, BY ADDING ARTICLE 25 SO AS TO ENACT "THE MARIJUANA AND CONTROLLED SUBSTANCE TAX ACT", TO PROVIDE A PENALTY FOR FAILURE TO PAY THE TAX AND FOR REVEALING INFORMATION CONTAINED IN REPORTS; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO FELONIES, SO AS TO ADD TO THE LIST REVEALING INFORMATION CONTAINED IN REPORTS TO THE TAX COMMISSION.
A. Chapter 21, Title 12 of the 1976 Code is amended by adding:
Section 12-21-5010. This article may be cited as `The Marijuana and Controlled Substance Tax Act'.
Section 12-21-5020. As used in this article:
(1) `Marijuana' means any marijuana, whether real or counterfeit, as defined in Section 44-53-110, that is held, possessed, transported, transferred, sold, or offered to be sold in violation of the laws of this State.
(2) `Controlled substance' means a drug or substance, whether real or counterfeit, as defined in Section 44-53-110, that is held, possessed, transported, transferred, sold, or offered to be sold in violation of the laws of this State. `Controlled substance' does not include marijuana.
(3) `Dealer' means a person who in violation of the laws of this State manufactures, produces, ships, transports, or imports into South Carolina or in any manner acquires or possesses more than forty-two and one-half grams of marijuana, or seven or more grams of a controlled substance, or ten or more dosage units of a controlled substance which is not sold by weight.
(4) `Commission' means the South Carolina Tax Commission.
Section 12-21-5030. The commission shall administer the provisions of this article. Payments required by this article must be made to the commission on the form provided by it. Dealers are not required to give their name, address, social security number, or other identifying information on the form. The commission shall collect all taxes under this article.
Section 12-21-5040. The commission may promulgate regulations necessary to enforce this article. The commission shall adopt a uniform system of providing, affixing, and displaying official stamps, official labels, or other official indicia for marijuana and controlled substances on which a tax is imposed.
Section 12-21-5050. No dealer may possess any marijuana or controlled substance upon which a tax is imposed unless the tax has been paid on the marijuana or other controlled substance as evidenced by a stamp or other official indicia.
Section 12-21-5060. Nothing in this article may provide immunity for a dealer from criminal prosecution pursuant to the laws of this State.
Section 12-21-5070. Nothing in this article requires persons lawfully in possession of marijuana or a controlled substance to pay the tax required under this article.
Section 12-21-5080. For the purpose of calculating the tax under Section 12-21-5090, a quantity of marijuana or other controlled substance is measured by the weight of the substance whether pure, impure, or dilute, or by dosage units when the substance is not sold by weight, in the dealer's possession. A quantity of a controlled substance is dilute if it consists of a detectable quantity of pure controlled substance and any excipients or fillers.
Section 12-21-5090. A tax is imposed on marijuana and controlled substances as defined in Section 12-21-5020 at the following rate:
(1) on each gram of marijuana, or portion of a gram, three dollars fifty cents;
(2) on each gram of controlled substance, or portion of a gram, two hundred dollars;
(3) on each fifty dosage units of a controlled substance that is not sold by weight, or portion of fifty dosage units, two thousand dollars.
Section 12-21-6000. (A) A dealer who violates this article must pay a penalty of one hundred percent of the tax in addition to the tax imposed by Section 12-21-5090. The penalty must be collected as part of the tax.
(B) In addition to the tax penalty imposed, a dealer distributing or possessing marijuana or controlled substances without affixing the appropriate stamps, labels, or other indicia is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than five years or fined not more than ten thousand dollars, or both.
Section 12-21-6010. Official stamps, labels, or other indicia to be affixed to all marijuana or controlled substances must be purchased from the commission. The purchaser shall pay one hundred percent of face value for each stamp, label, or other indicia at the time of the purchase.
Section 12-21-6020. (A) When a dealer purchases, acquires, transports, or imports into this State marijuana or controlled substances on which a tax is imposed by Section 12-21-5090, and if the indicia evidencing the payment of the tax have not already been affixed, the dealer shall have them permanently affixed on the marijuana or controlled substance immediately after receiving the substance. Each stamp or other official indicia may be used only once.
(B) Taxes imposed upon marijuana or controlled substances by this article are due and payable immediately upon acquisition or possession in this State by a dealer.
Section 12-21-6030. An assessment for a dealer not possessing valid stamps or other official indicia showing that the tax has been paid is considered a jeopardy assessment or collection, as provided in Article 3 of Chapter 53 of this title.
Section 12-21-6040. (A) The commission or a public employee may not reveal facts contained in a report or return required by this article or any information obtained from a dealer. Information contained in a report or return or obtained from a dealer may not be used against the dealer in a criminal proceeding, unless independently obtained, except in connection with a proceeding involving taxes due under this article from the dealer making the return.
(B) A person who violates this section is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than ten thousand dollars, or both.
(C) This section does not prohibit the commission from publishing statistics that do not disclose the identity of dealers or the contents of particular returns or reports.
Section 12-21-6050. The commission shall credit the proceeds of the tax levied by this article to the general fund of the State."
B. Section 16-1-10 of the 1976 Code, as last amended by Act 412 of 1992, is further amended by adding the felony created by the Marijuana and Controlled Substance Tax Act.
C. This section takes effect July 1, 1993.
TO AMEND SECTION 13-7-140 OF THE 1976 CODE, RELATING TO THE REQUIREMENTS FOR TRANSPORTING RADIOACTIVE WASTE, SO AS TO PROVIDE THAT WHEN RADIOLOGICAL WASTE TRANSPORTATION FEES ARE NO LONGER COLLECTED, THE BUDGET OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MUST BE REDUCED BY AN AMOUNT EQUAL TO THE AMOUNT APPROPRIATED TO THE DEPARTMENT TO MONITOR RADIOLOGICAL WASTE TRANSPORTATION.
Section 13-7-140 of the 1976 Code is amended by adding an appropriately lettered subsection to read:
"( ). When radiological waste transportation fees are no longer collected pursuant to this section, the budget of the department must be reduced by an amount equal to the appropriation to the department for monitoring radiological waste transportation."
A. The Department of Veterans' Affairs of the State of South Carolina shall provide for the preparation to secure the printing and publication, subject to funds being available, of a complete roster of all South Carolina soldiers, sailors, marines, airmen, and all other military personnel who entered the service of the United States in the Korean conflict, the Vietnam conflict, and Operation Desert Storm.
The roster shall contain the principal items of the record of each soldier, sailor, marine, or airman and of each woman who entered the armed services as shown by the service cards or records in the office of the State Selective Service, the Adjutant General, and in the Department of Defense of the United States. In the preparation of the roster all names shall be arranged in alphabetical order or in a manner so as to render all information contained therein readily accessible, and reference must be made to the numerous records on file in the office of the State Selective Service of South Carolinians who served in the Korean conflict, the Vietnam conflict, and Operation Desert Storm.
The distribution must be under the direction of the Veterans' Affairs Office as follows:
One copy or set to the State Library, each public library of the State, each college or university library, the Archives Department of the State of South Carolina, Department Headquarters of the American Legion Auxiliary, Department Headquarters of the Veterans of Foreign Wars, Department of Headquarters of the Disabled American Veterans, each County Veterans' Service Officer, and the State Veterans' Affairs Office. The remainder of the copies after this distribution must be placed in the office of the Department of Veterans Affairs for distribution as needed.
B. This section takes effect July 1, 1993.
TO AMEND THE 1976 CODE BY ADDING ARTICLE 6 TO CHAPTER 6, TITLE 44 SO AS TO PROVIDE FOR TRUSTS AND THEIR REQUIREMENTS IN ORDER FOR A TRUST BENEFICIARY TO QUALIFY FOR MEDICAID FOR NURSING HOME CARE; AND TO AMEND SECTION 62-5-420, RELATING TO CONSERVATORS, SO AS TO PROVIDE THAT THE ESTABLISHMENT OF A TRUST MEETING CERTAIN CRITERIA IS NOT A TRANSFER OR ALIENATION OF PROPERTY.
Whereas, the State makes significant expenditures for nursing home care under the South Carolina Medicaid program; and
Whereas, a large number of persons do not have enough income to afford nursing home care but have too much income to qualify for Medicaid; and
Whereas, if the State exercises its authority under federal law to waive requirements concerning Medicaid qualifying trusts in cases of undue hardship, these persons may become qualified for Medicaid; and
Whereas, it is therefore appropriate to enact state laws which authorize and limit these trusts in a manner that is consistent with Title XIX of the Federal "Social Security Act", 42 U.S.C. Section 1396 et seq. and which provide that persons who, through an undue hardship waiver, qualify for assistance as a result of the creation of these trusts must be treated the same as any other recipient of Medicaid for nursing home care; and
Whereas, in addressing this matter, the General Assembly intends only to authorize and limit the treatment of certain trusts and transfers of resources for the purposes of Medicaid eligibility. It is not the General Assembly's intent to approve or disapprove of privately created trusts or private transfers of property made under the same or similar circumstances. Now, therefore,
A. Chapter 6 of Title 44 of the 1976 Code is amended by adding:
"Section 44-6-710. If an applicant for Medicaid for nursing home care would be ineligible because a trust established for the applicant was deemed a Medicaid qualifying trust or resources in the trust were deemed an improper transfer of resources, the person's application must be treated as a case of undue hardship under federal law if all of the criteria in Section 44-6-720 are met. For the purposes of this section, `Medicaid qualifying trust' has the same meaning as set forth in 42 U.S.C. Section 1396a(k).
Section 44-6-720. (A) To be considered for a waiver due to undue hardship, the applicant must meet all other applicable eligibility criteria for assistance. If the federal "transfer of resources" rule set forth in 42 U.S.C. Section 1396p(c), as amended, applies to the applicant, then no undue hardship waiver may be granted until the period of ineligibility has expired. For the purposes of this subsection, the maximum length of ineligibility is extended to sixty months from the date of any improper transfer.
(B) The trust established for the applicant must meet the following criteria:
(1) the applicant's monthly gross income from all sources, without reference to the trust, exceeds the income eligibility standard for Medicaid then in effect but is less than the average private pay rate for nursing home care for the State;
(2) the property used to fund the trust is limited to monthly unearned income owned by the applicant, including any pension payment;
(3) the applicant and the state Medicaid program are the sole beneficiaries of the trust;
(4) the entire income and corpus of the trust, or as much as may be distributed each month without violating federal requirements for federal financial participation, must be distributed each month for expenses related to the applicant's nursing home care that are approved under the Medicaid program, except that:
(a) an amount reasonably necessary to maintain the existence of the trust, as approved by the Medicaid program, may be retained in the trust; and
(b) deductions may be distributed from the trust to the same extent deductions from the income of a nursing home resident who is not a trust beneficiary are allowed under the Medicaid program, which shall include:
(i) monthly personal needs allowance;
(ii) payments to the beneficiary's community spouse or dependent family members as provided and in accordance with state and federal law;
(iii) specified health insurance costs and special medical services provided under Title XIX of the federal `Social Security Act', 42 U.S.C. Section 1396a(r), as amended; and
(iv) other deductions provided in regulations of the State Health and Human Services Finance Commission;
(5) upon the death of the beneficiary, a remainder interest in the corpus of the trust passes to the State Health and Human Services Finance Commission. The commission shall remit the state share of the trust to the general fund; and
(6) the trust is not subject to modification by the beneficiary or the trustee without the approval of the state Medicaid program.
Section 44-6-730. The State Health and Human Services Finance Commission shall promulgate regulations as are necessary for the implementation of this article and as are necessary to comply with federal law. In addition, the commission shall amend the state Medicaid plan in a manner that is consistent with this article."
B. Section 62-5-420 of the 1976 Code is amended to read:
"Section 62-5-420.The appointment of a conservator vests in him title as trustee to all property of the protected person, presently held or thereafter acquired, including title to any property theretofore held for the protected person by custodians or attorneys in fact. Neither the appointment of a conservator nor the establishment of a trust in accordance with Title 44, Chapter 6, Article 6, is a transfer or alienation within the meaning of general provisions of any federal or state statute or regulation, insurance policy, pension plan, contract, will, or trust instrument, imposing restrictions upon or penalties for transfer or alienation by the protected person of his rights or interest, but this section does not restrict the ability of persons to make specific provision by contract or dispositive instrument relating to a conservator."
C. This section does not apply if federal funds are not available for persons who would qualify for Medicaid as a result of a trust that meets the criteria set forth in Section 44-6-720.
D. This section takes effect July 1, 1993, and applies to a trust established for or transfer of resources made by or for a protected person applying for or receiving Medicaid for nursing home care pursuant to state and federal law after June 30, 1993; except that a trust created before July 1, 1993, which does not comply with this section may be modified to comply with this section no later than January 1, 1994.
TO AMEND THE 1976 CODE BY ADDING SECTION 44-55-120 SO AS TO AUTHORIZE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO COLLECT A FEE, ESTABLISHED ANNUALLY IN THE APPROPRIATIONS ACT, FROM PUBLIC DRINKING WATER SYSTEMS, TO CREATE A SAFE DRINKING WATER FUND IN THE TREASURER'S OFFICE FOR DEPOSIT OF THESE FUNDS, TO ESTABLISH A SAFE DRINKING WATER ADVISORY COMMITTEE FOR THE EXPENDITURE OF THESE FEES, TO AUTHORIZE THE DEPARTMENT TO DENY A CONSTRUCTION PERMIT OR REVOKE AN OPERATING PERMIT IF THE ABILITY TO COMPLY WITH THE SAFE DRINKING WATER ACT IS NOT DEMONSTRATED, AND TO AUTHORIZE A WATER SYSTEM TO INCREASE SERVICE CONNECTION COSTS FOR THE ACTUAL COST OF THE FEE WITHOUT OBTAINING APPROVAL.
A. The 1976 Code is amended by adding:
"Section 44-55-120. (A) In order to comply with the federal Safe Drinking Water Act, in addition to other fees authorized under this article, the department is authorized to collect an annual fee, which must be established annually in the general appropriations act, from each public drinking water system.
(B) There is established in the treasurer's office a separate account entitled the Safe Drinking Water Fund. The fees collected from the public water systems pursuant to this section must be deposited in this fund and must be provided to the department solely for purposes of implementing the federal Safe Drinking Water Act.
(C) There is established a Safe Drinking Water Advisory Committee for the purpose of advising the department and General Assembly on the use of revenues deposited in the Safe Drinking Water Fund. The Governor shall appoint the advisory committee which must be composed of one member representing water systems with fifty thousand or more service connections, one member representing water systems with at least twenty-five thousand but fewer than fifty thousand service connections, one member representing water systems with at least ten thousand but fewer than twenty-five thousand water connections, one member representing water systems with at least one thousand but fewer than ten thousand service connections, one member representing water systems with fewer than one thousand service connections, and the State Consumer Advocate and the Commissioner of the Department of Health and Environmental Control, or a designee.
(D) The department may deny a construction permit to any new system which is unable to demonstrate viability to comply with the Safe Drinking Water Act or where connection to an existing, viable water system is feasible. The department also may revoke or deny renewal of an operating permit to any existing water system which is unable to demonstrate its ability to continue compliance with this act.
(E) A water system may increase water rates to each service connection by an amount necessary to recover the cost of the safe drinking water fee without seeking approval of the public service commission. The total funds generated from rate increases to service connections for the purpose of paying the safe drinking water fee may not exceed the cost of the fee established in the General Appropriations Act."
B. This section takes effect July 1, 1993.
TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REVISE EXISTING BOND AUTHORIZATIONS FOR THE DEPARTMENT OF YOUTH SERVICES AND TO PROVIDE THAT THE DISBURSEMENT OF FUNDS AND THE LOCATION OF THE REGIONAL RECEPTION AND EVALUATION CENTERS MUST BE CONSISTENT WITH THE TERMS OF THE SETTLEMENT AGREEMENT IN THE CASE OF ALEXANDER S. VS. MCLAWHORN.
A. Sub-subitem (a) of subitem (22) of Section 3 of Act 1377 of 1968, as added by Section 1, Act 522 of 1992, is deleted which reads:
"(a) Replacement Facility9,960,961"
B. Subitem (22) of Section 3 of Act 1377 of 1968, as added by Section 1, Act 522 of 1992, is amended by adding:
"(i) Fire and life safety renovations 3,300,000
(j) Regional reception and evaluation
centers 6,660,961
The disbursement of funds and the location for the regional reception and evaluation centers authorized in this subitem must be consistent with the terms of the settlement agreement in the case of ALEXANDER S. VS. MCLAWHORN."
TO AMEND SECTION 59-101-360 OF THE 1976 CODE, RELATING TO THE USE OF CERTAIN SALES TAX REVENUES ON CATALOG SALES FOR THE SUPPORT OF HIGHER EDUCATION AND OTHER PURPOSES INCLUDING THE EIA FUND, SO AS TO CLARIFY THE AMOUNT DISTRIBUTED, TO RENAME THE ACCOUNT INTO WHICH SUCH REVENUES ARE CREDITED THE MAIL ORDER SALES TAX FUND, AND TO REVISE THE DISTRIBUTION OF THE REVENUES CREDITED TO THE FUND.
A. Section 59-101-360 of the 1976 Code, as added by Section 35A, Part II, Act 501 of 1992, is amended to read:
"Section 59-101-360. (A) Sales tax revenue derived pursuant to Section 12-36-2620 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 Mail Order Sales Tax Fund, which is separate and distinct from the general fund of the State. Revenues in this fund may not be used to supplant general fund appropriations for higher education, and must be appropriated according to the distribution formulas provided in subsections (B), (C), and (D).
(B) The first one hundred million dollars credited to the Mail Order Sales Tax Fund must be distributed as follows:
(1) sixty-five percent for higher education formula funding;
(2) five percent to public higher education institutions with teacher education programs according to a formula developed by the Commission on Higher Education;
(3) twenty percent to the Education Improvement Act Fund;
(4) ten percent for tuition grants as provided pursuant to Chapter 113 of this title.
(C) Amounts in excess of one hundred million dollars credited to the Mail Order Sales Tax Fund must be distributed as provided in subsection (B) with the exception of item (4) thereof, in which case the ten percent distribution must be for K-12 public school construction.
(D) At any time the higher education funding formula is fully funded, further distribution of that sixty-five percent share must be distributed as follows:
(1) sixty-five percent for K-12 public school construction;
(2) thirty-three and one-third percent for public higher education dedicated to academic equipment;
(3) one and two-thirds percent to the higher education tuition grants program under Chapter 113 of this title."
B. This section takes effect July 1, 1993.
TO AMEND THE 1976 CODE BY ADDING SECTION 20-7-738 SO AS TO PROVIDE FOR PETITION AND INTERVENTION BY THE DEPARTMENT OF SOCIAL SERVICES IN CHILD ABUSE AND NEGLECT CASES BEFORE FAMILY COURT; TO AMEND SECTION 20-7-110, RELATING TO LEGAL REPRESENTATION IN CHILD ABUSE AND NEGLECT PROCEEDINGS, SO AS TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES MUST REPRESENT THE INTERESTS OF THE STATE AND THE LOCAL CHILD PROTECTIVE SERVICES AGENCY; TO AMEND SECTION 20-7-490, AS AMENDED, RELATING TO DEFINITIONS FOR INTAKE, SO AS TO REVISE THE DEFINITION OF "A PERSON RESPONSIBLE FOR A CHILD'S WELFARE"; TO AMEND SECTION 20-7-650, AS AMENDED, RELATING TO DUTIES OF LOCAL CHILD PROTECTIVE AGENCY, SO AS TO DELETE PROVISIONS RELATING TO INITIATING PROTECTIVE SERVICES IN FAMILY COURT AND REFERENCES TO THE CIRCUIT SOLICITOR; TO AMEND SECTION 20-7-762, RELATING TO FAMILY COURT REVIEW, SO AS TO PROVIDE A HEARING AS PROVIDED IN SECTION 20-7-738; TO AMEND SECTION 20-7-1440, AS AMENDED, RELATING TO FEES AND COSTS, SO AS TO PROVIDE FOR A FEE OF ONE HUNDRED DOLLARS TO OFFSET THE LEGAL EXPENSES ASSOCIATED WITH INITIATING THE CHILD ABUSE OR NEGLECT CASES; TO AMEND SECTION 20-7-3010, AS AMENDED, RELATING TO INJUNCTION BY THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO DELETE PROVISIONS RELATING TO THE ATTORNEY GENERAL OR CIRCUIT SOLICITOR INITIATING THE INJUNCTION PROCEEDING; AND TO REPEAL SECTIONS 20-7-2960 AND 20-7-3080 RELATING TO CIRCUIT SOLICITORS ENFORCING CERTAIN PROVISIONS.
A. The 1976 Code is amended by adding:
"Section 20-7-738. (A) Upon a determination that a child has been abused, neglected, or endangered as defined in Section 20-7-490, or at any time during the delivery of services by the agency, the local child protective services agency may petition the family court in its jurisdiction for authority to intervene and provide protective services without removal of the child. This petition must be filed in those instances where the family indicates a refusal to cooperate and the agency has probable cause to believe protective services are necessary to protect the child's health or welfare.
(B) The petition shall contain a full description of the basis for the agency's belief that the child cannot be protected adequately without agency intervention, including a description of the condition of the child, any previous efforts by the agency to work with the parent or guardian, treatment programs which have been offered and proven inadequate, and the attitude of the parent or guardian toward intervention and protective services.
(C) Upon receipt of a petition under this section, the family court shall schedule a hearing to be held within forty days of the date of receipt to determine whether intervention is necessary.
The court shall notify the parent or guardian of the hearing by delivering a copy of the petition, together with a notice of the hearing, which must include the date and time of the hearing and an explanation of the right of the parent or guardian to an attorney pursuant to Section 20-7-110. The court shall effect delivery at least twenty-four hours before the hearing. The respondent must be allowed to seek leave of the court for a continuance of not less than forty-eight hours.
(D) Intervention and protective services must not be ordered unless the court finds:
(1) (a) the child has been physically injured as defined in Section 20-7-490 and there is a preponderance of the evidence that the child cannot be protected from further physical injury without intervention; or
(b) the child has been endangered as defined in Section 20-7-490 and there is clear and convincing evidence that the child cannot be protected from further harm of the type justifying intervention without intervention; and
(2) the child can be adequately protected through the provision of protective services without removal of custody."
B. Section 20-7-110(C) of the 1976 Code is amended to read:
"(C) The interests of the State and the local child protective services agency must be represented by the legal representatives of the Department of Social Services in any judicial proceeding."
C. Section 20-7-490(E) of the 1976 Code is amended to read:
"(E) `A person responsible for a child's welfare' includes the child's parent, guardian, foster parent, an operator, employee, or caregiver as defined by Section 20-7-2700 of a public or private residential home, institution, agency, or child day care facility or a person who has assumed the role and responsibility of a parent or guardian for the child, but who does not necessarily have legal custody of the child. A person not otherwise listed in this definition who provides temporary care for a child is not considered to have assumed the role and responsibility of the parent or guardian."
D. Subsections (H) through (P) of Section 20-7-650 of the 1976 Code, as last amended by Act 448 of 1992, are further amended to read:
"(H) A family court order resulting from proceedings initiated by the agency pursuant to Sections 20-7-738 and 20-7-736 must include a judicial determination for inclusion in the statewide Central Registry of whether or not the subject of the report more likely than not abused or neglected the child.
(I) The local child protective service agency is charged with providing, directing, or coordinating the appropriate and timely delivery of services to children found to be abused or neglected and those responsible for their welfare or others exercising temporary or permanent control over such children. `Services' must not be construed to include emergency protective custody provided for in Section 20-7-736.
(J) In cases where a report has been filed with the Central Registry of Child Abuse and Neglect, as required by subsection (E), the outcome of any further proceedings must be entered immediately by the agency into the Central Registry of Child Abuse and Neglect.
(K) After the initiation of protective services by the agency, if those receiving services indicate a refusal to cooperate, the agency shall withdraw. If the facts so warrant, the agency may petition the family court to invoke the jurisdiction of the court under the Family Court Act to intervene, but the agency may not threaten action to coerce participation.
(L) The agency shall cooperate with law enforcement agencies within the area it serves and establish procedures necessary to facilitate the referral of child protection cases to the child protective services agency. Where the facts indicating abuse or neglect also appear to indicate a violation of criminal law, the agency shall notify the appropriate law enforcement agency of those facts within twenty-four hours of the agency's finding for the purposes of police investigation. The law enforcement agency shall file a formal incident report at the time it is notified by the agency of the finding. When the intake report is of alleged sexual abuse, the agency must notify the appropriate law enforcement agency within twenty-four hours of receipt of the report to determine if a joint investigation is necessary. The law enforcement agency shall file a formal incident report at the time it is notified of the alleged sexual abuse.
(M) The agency actively shall seek the cooperation and involvement of local public and private institutions, groups, and programs concerned with matters of child protection and welfare within the area it serves.
(N) The local child protective service agency situated in the county of the mother's legal residence shall provide, direct, or coordinate the appropriate and timely delivery of services to children born of incarcerated mothers where no provision has been made for placement of the child outside the prison setting. Referral of these cases to the appropriate local child protective service agency is the responsibility of the agency or institution with custody of the mother.
(O) The agency in all instances shall act in accordance with the policies, procedures, and regulations promulgated and distributed by the State Department of Social Services pursuant to this chapter."
E. The first paragraph of Section 20-7-762 of the 1976 Code is amended to read:
"At the close of a hearing pursuant to Section 20-7-738 or 20-7-736 and upon a finding that the child shall remain in the home and that protective services shall continue, the family court shall review and approve a treatment plan designed to alleviate any danger to the child and to aid the parents so that the child will not be endangered in the future. The plan must be prepared by the child protective services agency and shall detail any changes in parental behavior or home conditions that must be made and any services which will be provided to the family to ensure, to the greatest extent possible, that the child will not be endangered. Whenever possible, the plan must be prepared with the participation of the parents, the child, and any other agency or individual that will be required to provide services. The plan must be submitted to the court at the hearing. If any changes in the plan are ordered, the agency shall submit a revised plan to the court within two weeks of the hearing, with copies to the parties and legal counsel. Any dispute regarding the plan must be resolved by the court. The terms of the plan must be included as part of the court order."
F. Section 20-7-1440 of the 1976 Code, as last amended by Act 150 of 1991, is further amended by adding a paragraph at the end:
"In actions initiated by the department pursuant to Section 20-7-736 or 20-7-738, the court shall impose a fee of one hundred dollars against the defendant. If the court does not order removal of custody or intervention and protective services with the child remaining in the home, the fee may be waived. The court may assess the fee against any one defendant or apportion the fee among multiple defendants. The fee may be paid in installments as the court may order. The clerk of court shall collect the fee and remit it to the department. The department shall retain the fees remitted to be used to offset the expenses associated with its legal representation in child abuse and neglect cases."
G. Section 20-7-3010 of the 1976 Code, as last amended by Act 338 of 1988, is further amended to read:
"Section 20-7-3010.The department is empowered to seek an injunction against the continuing operation of a child day care facility in the family court having jurisdiction over the county in which the facility is located:
(1) when a facility is operating without a license or statement of registration;
(2) when there is any violation of this subarticle or of the regulations promulgated by the department which threatens serious harm to children in the child day care facility;
(3) when an operator has repeatedly violated this subarticle or the regulations of the department."
H. Sections 20-7-2960 and 20-7-3080 of the 1976 Code are repealed.
I. This section takes effect July 1, 1993.
TO AMEND THE 1976 CODE BY ADDING SECTION 17-15-260 SO AS TO PROVIDE FOR THE DISTRIBUTION OF FORFEITED BAIL FUNDS.
A. The 1976 Code is amended by adding:
"Section 17-15-260.The funds collected pursuant to this chapter must be remitted in the following manner: twenty-five percent to the general fund of the State, twenty-five percent to the solicitor's office in the county in which the forfeiture is ordered, and fifty percent to the county general fund of the county in which the forfeiture is ordered.
However, if the case in which forfeiture is ordered is originated by a municipality, the funds collected pursuant to this chapter must be remitted in the following manner: twenty-five percent to the general fund of the State, twenty-five percent to the solicitor's office in the county in which the forfeiture is ordered, and twenty-five percent to the county general fund of the county in which the forfeiture is ordered and twenty-five percent to the municipality."
B. This section takes effect July 1, 1993.
TO AMEND SECTION 12-37-930 OF THE 1976 CODE, RELATING TO THE VALUATION OF
PROPERTY AND DEPRECIATION ALLOWANCES, SO AS TO PROVIDE AN ALTERNATIVE
MEANS TO CALCULATE THE DEPRECIATION ALLOWANCE CONCERNING A USEFUL LIFE
OF MACHINERY AND EQUIPMENT.
The last paragraph of Section 12-37-930 of the 1976 Code is amended to read:
"Notwithstanding the percentage allowance stated in the schedule above, the commission, after examination of the relevant facts, may permit an adjustment in the percentage allowance, with the total allowance not to exceed twenty-five percent, on account of extraordinary obsolescence. The commission may set forth a depreciation allowance, instead of the depreciation allowance provided in this section, not to exceed twenty-five percent where the taxpayer can provide relevant data concerning a useful life of the machinery and equipment which is different from the period shown in this section."
TO AMEND SECTION 59-54-20 OF THE 1976 CODE, RELATING TO THE STATE COUNCIL ON VOCATIONAL AND TECHNICAL EDUCATION, SO AS TO PROVIDE THAT MEMBERSHIP ON THE COUNCIL SHALL COMPLY WITH FEDERAL LAW AND SHALL INCLUDE MEMBERS OF THE COMMISSION ON HIGHER EDUCATION, TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL SERVE AS THE STATE OCCUPATIONAL TRAINING ADVISORY COMMITTEE, AND TO TERMINATE THE TERMS OF THE CURRENT MEMBERS OF THE COUNCIL JUNE 30, 1993, AND TO DIRECT THE GOVERNOR TO APPOINT NEW MEMBERS.
A. Section 59-54-20 of the 1976 Code is amended to read:
"Section 59-54-20. (A) The State Council on Vocational and Technical Education membership shall comply with all requirements of SECTION 112 of the Carl D. Perkins Vocational and Applied Technology Education Act of 1990. In addition, a majority of the council membership appointed by the Governor must be members of the Commission on Higher Education, provided that members of the commission meet the federal requirements of the establishment of the council. Further, at least four members of the council must represent secondary vocational education.
(B) The Commission on Higher Education shall serve as the State Occupational Training Advisory Committee and in this regard shall make recommendations to the State Board of Education, the State Board for Technical and Comprehensive Education, the Governor's office, and the public for:
(1) improving the coordination among the state's plans and programs for adult vocational education, adult basic and adult secondary education, post-secondary technical education, and secondary vocational education;
(2) assuring the compatibility of these educational plans and programs with the state's economic development strategies;
(3) improving the articulation between secondary vocational education and post-secondary technical education and between post-secondary technical education and four-year degree programs;
(4) improving service to groups or communities in the State which are unserved or underserved and need additional training and education to be employed or to move into the work force and off of public assistance;
(5) improving the accountability systems and effectiveness of the adult vocational education, adult basic and adult secondary education, post-secondary technical education, and secondary vocational education programs;
(6) improving the implementation of the South Carolina Employment Revitalization Act of 1986."
B. The terms of all members of the State Council on Vocational and Technical Education, as of June 30, 1993, expire on July 1, 1993. The Governor shall appoint new members to the State Council on Vocational and Technical Education by July 2, 1993; however, no member of the State Council on Vocational and Technical Education whose term expires on July 1, 1993, pursuant to this section, may be appointed by the Governor to the council.
C. This section takes effect June 30, 1993.
* See note at end of act.
TO REPEAL AND RECODIFY A REGULATION OF THE BUDGET AND CONTROL BOARD GOVERNING THE AUTHORIZED LIMITS OF REIMBURSEMENTS FOR OFFICIAL EXPENSES.
A.Regulation 19-101.11. enacted as document number 1523 submitted to the General Assembly pursuant to the provisions of Article 1, Chapter 23, Title 1 of the 1976 Code is repealed and reenacted to read as follows:
"19-101.11. The Budget and Control Board shall annually prepare a schedule of maximum reimbursements for the cost of obtaining meals while traveling on the business of the State, the aggregate total of which shall not exceed the maximum daily reimbursement authorized in the General Appropriation Act. The Budget and Control Board shall furnish to each agency a copy of the schedule as soon as practicable after the passage of the General Appropriation Act. When authorized by a majority vote of the governing body, members of state boards, commissions or committees who are not state employees may claim reimbursement for the full cost of individual meals while away from their place of residence on official business of the state for less than a full work day, provided, that in no event shall the reimbursement for the actual cost of meals for any one day exceed the maximum daily reimbursement authorized in the General Appropriation Act."
B. This section takes effect July 1, 1993.
* See note at end of act.
TO AMEND THE 1976 CODE BY ADDING SECTION 8-11-180 SO AS TO REQUIRE AN ANNUAL REPORT OF ANY FOREIGN TRAVEL OF STATE EMPLOYEES OR STATE OFFICIALS AND TO SPECIFY THE INFORMATION TO BE REPORTED.
The 1976 Code is amended by adding:
"Section 8-11-180. (A) For purposes of this section, `foreign travel' means any destination outside the continental limits of the United States except Alaska, Hawaii, Puerto Rico, Canada, or the Virgin Islands.
(B) The foreign travel of any state employee or state official must be reported annually at the end of each fiscal year by the authorizing agency to the President of the Senate, the President Pro Tempore of the Senate, the Speaker of the House, and the Budget and Control Board.
(C) The following information must be included in the annual report required in subsection (B):
(1) name of state employee or state official;
(2) destination;
(3) inclusive dates of the travel period;
(4) purpose of the travel;
(5) total cost of the travel; and
(6) source or sources of funds."
TO AMEND CHAPTER 7 OF TITLE 20, THE CHILDREN'S CODE, OF THE 1976 CODE BY ADDING ARTICLE 26 SO AS TO ENACT THE SOUTH CAROLINA CHILD FATALITY REVIEW AND PREVENTION ACT, TO PROVIDE FOR THE POLICY OF THE STATE IN PREVENTING CHILD DEATHS, TO CREATE THE DEPARTMENT OF CHILD FATALITIES IN THE STATE LAW ENFORCEMENT DIVISION AND TO PROVIDE FOR ITS DUTIES AND FUNCTIONS, TO ESTABLISH THE STATE CHILD FATALITY ADVISORY COMMITTEE, TO PROVIDE FOR ITS MEMBERS, ITS PURPOSE, POWERS, AND DUTIES; TO PROVIDE FOR ACCESS TO AND CONFIDENTIALITY OF RECORDS RELATING TO CHILDREN WHO HAVE DIED AND SERVICES PROVIDED TO THESE CHILDREN AND THEIR FAMILIES; TO ADD SECTIONS 17-5-140 AND 17-5-265 SO AS TO REQUIRE CORONERS AND MEDICAL EXAMINERS TO NOTIFY THE DEPARTMENT OF CHILD FATALITIES WHEN A CHILD DIES UNDER CERTAIN CIRCUMSTANCES; TO ADD SECTIONS 17-5-150 AND 17-5-275 SO AS TO AUTHORIZE A CORONER OR A MEDICAL EXAMINER TO OBTAIN AN INSPECTION WARRANT IN THE COURSE OF CONDUCTING AN INVESTIGATION OF A CHILD'S DEATH; TO AMEND SECTION 20-7-490, AS AMENDED, RELATING TO DEFINITIONS IN THE CHILD ABUSE AND NEGLECT LAW, SO AS TO REVISE THE DEFINITION OF "ABUSED OR NEGLECTED CHILD"; TO AMEND SECTION 20-7-510, RELATING TO REPORTING OF CHILD ABUSE AND NEGLECT, SO AS TO REQUIRE EMPLOYEES OF A CORONER OR A MEDICAL EXAMINER, UNDERTAKER, FUNERAL HOME DIRECTOR, OR THEIR EMPLOYEES TO REPORT; TO AMEND SECTION 20-7-650, AS AMENDED, RELATING TO DUTIES OF LOCAL CHILD PROTECTIVE AGENCIES, SO AS TO PROVIDE THAT CONFIDENTIALITY PROVISIONS DO NOT APPLY TO REQUESTS FOR INFORMATION BY THE DEPARTMENT OF CHILD FATALITIES; TO AMEND SECTION 20-7-690, AS AMENDED, RELATING TO CONFIDENTIALITY OF CHILD ABUSE REPORTS, AND RECORDS, SO AS TO ALLOW THE RELEASE OF SUCH INFORMATION TO COUNTY MEDICAL EXAMINERS, CORONERS, THE DEPARTMENT OF CHILD FATALITIES, AND THE ADVISORY COMMITTEE AND TO PROVIDE THAT FUNDS AND POSITIONS RELATED TO THE CHILD FATALITY REVIEW PROCESS IN THE DEPARTMENT OF SOCIAL SERVICES MUST BE TRANSFERRED TO THE DEPARTMENT OF CHILD FATALITIES.
A. This section may be cited as the "South Carolina Child Fatality Review and Prevention Act".
B. It is the policy of this State that:
(1) Every child is entitled to live in safety and in health and to survive into adulthood;
(2) Responding to child deaths is a state and a community responsibility;
(3) When a child dies, the response by the State and the community to the death must include an accurate and complete determination of the cause of death, the provision of services to surviving family members, and the development and implementation of measures to prevent future deaths from similar causes and may include court action, including prosecution of persons who may be responsible for the death and family court proceedings to protect other children in the care of the responsible person;
(4) Professionals from disparate disciplines and agencies who have responsibilities for children and expertise that can promote child safety and well-being should share their expertise and knowledge toward the goals of determining the causes of children's deaths, planning and providing services to surviving children and nonoffending family members, and preventing future child deaths;
(5) A greater understanding of the incidence and causes of child deaths is necessary if the State is to prevent future child deaths;
(6) Multi-disciplinary and multi-agency reviews of child deaths can assist the State in the investigation of child deaths, in the development of a greater understanding of the incidence and causes of child deaths and the methods for preventing such deaths, and in identifying gaps in services to children and families;
(7) Access to information regarding deceased children and their families by the Department of Child Fatalities is necessary to achieve the department's purposes and duties; and
(8) Competent investigative services must be sensitive to the needs of South Carolina's children and their families and not unnecessarily intrusive and should be achieved through training, awareness, and technical assistance.
C. Chapter 7, Title 20 of the 1976 Code is amended by adding:
Section 20-7-5900. For purposes of this article:
(1) `Child' means a person under eighteen years of age.
(2) `Committee' means the State Child Fatality Advisory Committee.
(3) `Department' means the State Law Enforcement Division's Department of Child Fatalities.
(4) `Local child protective services agency' means the county department of social services for the jurisdiction where a deceased child resided.
(5) `Meeting' means both in-person meetings and meetings through telephone conferencing.
(6) `Preventable death' means a death which reasonable medical, social, legal, psychological, or educational intervention may have prevented.
(7) `Provider of medical care' means a licensed health care practitioner who provides, or a licensed health care facility through which is provided, medical evaluation or treatment, including dental and mental health evaluation or treatment.
(8) `Working day' means Monday through Friday, excluding official state holidays.
(9) `Unexpected death' includes all child deaths which, before investigation, appear possibly to have been caused by trauma, suspicious or obscure circumstances, or child abuse or neglect.
Section 20-7-5905. There is created within the State Law Enforcement Division (SLED) the Department of Child Fatalities which is under the supervision of the chief of SLED.
Section 20-7-5910. (A) There is created a multi-disciplinary State Child Fatality Advisory Committee composed of:
(1) the Commissioner of the South Carolina Department of Social Services;
(2) the Commissioner of the South Carolina Department of Health and Environmental Control;
(3) the State Superintendent of Education;
(4) the Executive Director of the South Carolina Criminal Justice Academy;
(5) the Chief of the State Law Enforcement Division;
(6) the Commissioner of the South Carolina Commission on Alcohol and Drug Abuse;
(7) the Commissioner of the State Department of Mental Health;
(8) the Commissioner of the State Department of Mental Retardation;
(9) the Commissioner of the Department of Youth Services;
(10) an attorney with experience in prosecuting crimes against children;
(11) a county coroner or medical examiner;
(12) a pediatrician with experience in diagnosing and treating child abuse and neglect, appointed from recommendations submitted by the State Chapter of the American Academy of Pediatrics; and
(13) a solicitor.
(B) Those state agency members in items (1)-(9) shall serve ex officio and may appoint a designee to serve in their place from their particular departments or agencies who have administrative or program responsibilities for children and family services. The remaining members, including the coroner or medical examiner and solicitor who shall serve ex officio, must be appointed by the Governor for terms of four years and until their successors are appointed and qualify.
(C) A chairman and vice-chairman of the committee must be elected from among the members by a majority vote of the membership for a term of two years.
(D) Meetings of the committee must be held at least quarterly. A majority of the committee constitutes a quorum.
(E) Each ex officio member shall provide sufficient staff and administrative support to carry out the responsibilities of this article.
Section 20-7-5915. (A) The purpose of the department is to expeditiously investigate child deaths in all counties of the State.
(B) To achieve its purpose, the department shall:
(1) upon receipt of a report of a child death from the county coroner or medical examiner, as required by Sections 17-5-140 and 17-5-265, investigate and gather all information on the child fatality. The coroner or medical examiner immediately shall request an autopsy if SLED determines that an autopsy is necessary. The autopsy must be performed by a forensic pathologist as soon as possible. The forensic pathologist shall inform the department of the findings within forty-eight hours of completion of the autopsy. If the autopsy reveals the cause of death to be pathological or an unavoidable accident, the case must be closed by the department. If the autopsy reveals physical or sexual trauma, suspicious markings, or other findings that are questionable or yields no conclusion to the cause of death, the department immediately shall begin an investigation;
(2) request assistance of any other local, county, or state agency to aid in the investigation;
(3) upon receipt of additional investigative information, reopen a case for another coroner's inquest;
(4) upon receipt of the notification required by item (1), review agency records for information regarding the deceased child or family. Information available to the department pursuant to Section 20-7-5930 and information which is public under Chapter 4, Title 30, the Freedom of Information Act, must be available as needed to the county coroner or medical examiner and county department of social services;
(5) report the activities and findings related to a child fatality to the State Child Fatality Advisory Committee;
(6) develop a protocol for child fatality reviews;
(7) develop a protocol for the collection of data regarding child deaths as related to Sections 17-5-140 and 17-5-265 and provide training to local professionals delivering services to children, county coroners and medical examiners, and law enforcement agencies on the use of the protocol;
(8) study the operations of local investigations of child fatalities, including the statutes, regulations, policies, and procedures of the agencies involved with children's services and child death investigations;
(9) examine confidentiality and access to information statutes, regulations, policies, and procedures for agencies with responsibilities for children, including, but not limited to, health, public welfare, education, social services, mental health, alcohol and other substance abuse, and law enforcement agencies and determine whether those statutes, regulations, policies, or procedures impede the exchange of information necessary to protect children from preventable deaths. If the department identifies a statute, regulation, policy, or procedure that impedes the necessary exchange of information, the department shall notify the committee and the agencies serving on the committee and the committee shall include proposals for changes to statutes, regulations, policies, or procedures in the committee's annual report;
(10) develop a Forensic Pathology Network available to coroners and medical examiners for prompt autopsy findings;
(11) submit to the Governor and the General Assembly, an annual report and any other reports prepared by the department, including, but not limited to, the department's findings and recommendations;
(12) promulgate regulations necessary to carry out its purposes and responsibilities under this article.
Section 20-7-5920. (A) The purpose of the State Child Fatality Advisory Committee is to decrease the incidence of preventable child deaths by:
(1) developing an understanding of the causes and incidence of child deaths;
(2) developing plans for and implementing changes within the agencies represented on the committee which will prevent child deaths; and
(3) advising the Governor and the General Assembly on statutory, policy, and practice changes which will prevent child deaths.
(B) To achieve its purpose, the committee shall:
(1) meet with the department no later than one month after the department receives notification by the county medical examiner or coroner pursuant to Section 17-5-140 or 17-5-265 to review the investigation of the death;
(2) undertake annual statistical studies of the incidence and causes of child fatalities in this State. The studies shall include an analysis of community and public and private agency involvement with the decedents and their families before and subsequent to the deaths;
(3) the committee shall consider training, including cross-agency training, consultation, technical assistance needs, and service gaps. If the committee determines that changes to any statute, regulation, policy, or procedure is needed to decrease the incidence of preventable child deaths, the committee shall include proposals for changes to statutes, regulations, policies, and procedures in the committee's annual report;
(4) educate the public regarding the incidence and causes of child deaths, the public role in preventing these deaths, and specific steps the public can undertake to prevent child deaths. The committee shall enlist the support of civic, philanthropic, and public service organizations in performing the committee's education duties;
(5) develop and implement policies and procedures for its own governance and operation;
(6) submit to the Governor and the General Assembly, an annual written report and any other reports prepared by the committee, including, but not limited to, the committee's findings and recommendations. Annual reports must be made available to the public.
Section 20-7-5930. Upon request of the department and as necessary to carry out the department's purpose and duties, the department immediately must be provided:
(1) by a provider of medical care, access to information and records regarding a child whose death is being reviewed by the department, including information on prenatal care;
(2) access to all information and records maintained by any state, county, or local government agency, including, but not limited to, birth certificates, law enforcement investigation data, county coroner or medical examiner investigation data, parole and probation information and records, and information and records of social services and health agencies that provided services to the child or family, including information made strictly confidential in Section 20-7-650 concerning unfounded reports of abuse or neglect.
Section 20-7-5940. When necessary in the discharge of the duties of the department and upon application of the department, the clerks of court shall issue a subpoena or subpoena duces tecum to any state, county, or local agency, board, or commission or to any representative of any state, county, or local agency, board, or commission or to a provider of medical care to compel the attendance of witnesses and production of documents, books, papers, correspondence, memoranda, and other relevant records to the discharge of the department's duties. Failure to obey a subpoena or subpoena duces tecum issued pursuant to this section may be punished as contempt.
Section 20-7-5950. (A) Meetings of the committee and department are closed to the public and are not subject to Chapter 4, Title 30, the Freedom of Information Act, when the committee and department are discussing individual cases of child deaths.
(B) Except as provided in subsection (C), meetings of the committee are open to the public and subject to the Freedom of Information Act when the committee is not discussing individual cases of child deaths.
(C) Information identifying a deceased child or a family member, guardian, or caretaker of a deceased child, or an alleged or suspected perpetrator of abuse or neglect upon a child may not be disclosed during a public meeting and information regarding the involvement of any agency with the deceased child or family may not be disclosed during a public meeting.
(D) Violation of this section is a misdemeanor and, upon conviction, a person must be fined not more than five hundred dollars or imprisoned not more than six months, or both.
Section 20-7-5960. (A) All information and records acquired by the committee and by the department in the exercise of their purposes and duties pursuant to this article are confidential, exempt from disclosure under Chapter 4, Title 30, the Freedom of Information Act, and only may be disclosed as necessary to carry out the committee's and department's duties and purposes.
(B) Statistical compilations of data which do not contain information that would permit the identification of a person to be ascertained are public records.
(C) Reports of the committee and department which do not contain information that would permit the identification of a person to be ascertained are public information.
(D) Except as necessary to carry out the committee's and department's purposes and duties, members of the committee and department and persons attending their meeting may not disclose what transpired at a meeting which is not public under Section 20-7-5940 and may not disclose information, the disclosure of which is prohibited by this section.
(E) Members of the committee, persons attending a committee meeting, and persons who present information to the committee may not be required to disclose in any civil or criminal proceeding information presented in or opinions formed as a result of a meeting, except that information available from other sources is not immune from introduction into evidence through those sources solely because it was presented during proceedings of the committee or department or because it is maintained by the committee or department. Nothing in this subsection may be construed to prevent a person from testifying to information obtained independently of the committee or which is public information.
(F) Information, documents, and records of the committee and department are not subject to subpoena, discovery, or the Freedom of Information Act, except that information, documents, and records otherwise available from other sources are not immune from subpoena, discovery, or the Freedom of Information Act through those sources solely because they were presented during proceedings of the committee or department or because they are maintained by the committee or department.
(G) Violation of this section is a misdemeanor and, upon conviction, a person must be fined not more than five hundred dollars or imprisoned for not more the six months, or both."
D. The 1976 Code is amended by adding:
"Section 17-5-140.The county coroner within twenty-four hours or one working day, whichever occurs first, shall notify the department when a child dies in any county of the State:
(1) as a result of violence, when unattended by a physician, and in any suspicious or unusual manner; or
(2) when the death is unexpected and unexplained including, but not limited to, possible sudden infant death syndrome.
For the purposes of this section, a child is not considered to be `unattended by a physician' when a physician has, before death, provided diagnosis and treatment following a fatal injury."
E. The 1976 Code is amended by adding:
"Section 17-5-265.The county medical examiner within twenty-four hours or one working day, whichever occurs first, shall notify the department when a child dies in any county of the State:
(1) as a result of violence, when unattended by a physician, and in any suspicious or unusual manner; or
(2) when the death is unexpected and unexplained including, but not limited to, possible sudden infant death syndrome.
For the purposes of this section, a child is not considered to be `unattended by a physician' when a physician has, before death, provided diagnosis and treatment following a fatal injury."
F. The 1976 Code is amended by adding:
"Section 17-5-150. If the home or premises last inhabited by a child is not the scene of the death of a child, the coroner, while conducting an investigation of the death, may petition the local magistrate of the appropriate judicial circuit for a warrant to inspect the home or premises inhabited by the deceased before death. The local magistrate shall issue the inspection warrant upon probable cause to believe that events in the home or premises may have contributed to the death of the child."
G. The 1976 Code is amended by adding:
"Section 17-5-275. If the home or premises last inhabited by a child is not the scene of the death of a child, the medical examiner, while conducting an investigation of the death, may petition the circuit court of the appropriate judicial circuit for a warrant to inspect the home or premises inhabited by the deceased before death. The circuit court shall issue the inspection warrant upon probable cause to believe that events in the home or premises may have contributed to the death of the child."
H. Section 20-7-490(B) of the 1976 Code is amended to read:
"(B) `Abused or neglected child' means a child whose death results from or whose physical or mental health or welfare is harmed or threatened with harm, as defined by items (C) and (D), by the acts or omissions of his parent, guardian, or other person responsible for his welfare."
I. Section 20-7-510(A) of the 1976 Code is amended to read:
"(A) Any physician, nurse, dentist, optometrist, medical examiner or coroner, or employee of a county medical examiner's or coroner's office, or any other medical, emergency medical services, mental health or allied health professional, Christian Science Practitioner, religious healer, school teacher or counselor, social or public assistance worker, child care worker in any day care center or child caring institution, police or law enforcement officer, undertaker, funeral home director, or employee of a funeral home, or any judge having reason to believe that a child's physical or mental health or welfare has been or may be adversely affected by abuse or neglect is required to report in accordance with this section."
J. Section 20-7-650(F) of the 1976 Code is amended by adding at the end:
"However, the confidentiality and disclosure provisions of this subsection do not apply to information requested by the Department of Child Fatalities pursuant to Section 20-7-5930; and the information pertaining to an unfounded case must be released to the Department of Child Fatalities when the request is made pursuant to Section 20-7-5930."
K. Section 20-7-690(C) of the 1976 Code, as last amended by Act 441 of 1988, is further amended by adding appropriately numbered items to read:
"( ) County medical examiners or coroners who are investigating the death of a child in accordance with Section 17-5-140, 17-5-150, or 17-5-265; and
( ) The State Child Fatality Advisory Committee and the Department of Child Fatalities in accordance with the exercise of their purposes and duties pursuant to Article 26, Chapter 7, Title 20."
L. The State Child Fatality Advisory Committee, created in Section 20-7-5910 of the 1976 Code, as contained in subsection C of this section, shall hold its first meeting within one month of this section's effective date.
M. The Child Fatalities Department, created in Section 20-7-5910 of the 1976 Code, as contained in subsection C of this section, must be formed within one month of this section's effective date.
N. The South Carolina Department of Social Services shall transfer all funds, positions, records, property, and equipment related to the child fatality review process in that agency to the Department of Child Fatalities.
TO AMEND SECTION 9-8-60, AS AMENDED, OF THE 1976 CODE, RELATING TO THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO REENACT THE PROVISIONS OF ACT 43 OF 1985 ALLOWING A BENEFICIARY RETURNING TO SERVICE AS A MEMBER OF THE GENERAL ASSEMBLY TO CONTINUE TO RECEIVE BENEFITS UPON FILING A STATEMENT WITH THE STATE BUDGET AND CONTROL BOARD ELECTING NOT TO PARTICIPATE IN THE GENERAL ASSEMBLY RETIREMENT SYSTEM AND TO MAKE THIS PROVISION RETROACTIVE TO ITS ORIGINAL EFFECTIVE DATE.
A. Section 9-8-60(1) of the 1976 Code is amended by adding a paragraph to read:
"A person receiving retirement allowances under this system who is elected to the General Assembly may continue to receive the retirement allowances during his service in the General Assembly if he files a statement with the State Budget and Control Board on a form prescribed by the board electing not to participate in the General Assembly Retirement System while a member of the General Assembly. The person shall not make contributions to the General Assembly Retirement System nor shall the State make contributions on his behalf. The person is not entitled to benefits from the General Assembly Retirement System after ceasing to be a member of the General Assembly."
B. This section takes effect upon approval by the Governor and applies with respect to eligible members of the General Assembly serving after April 28, 1985.
TO AMEND CHAPTER 3 OF TITLE 56 OF THE 1976 CODE, RELATING TO REGISTRATION
AND LICENSING OF MOTOR VEHICLES, BY ADDING ARTICLE 6 SO AS TO PROVIDE FOR
REGISTRATION AND LICENSING OF CORPORATE-OWNED FLEET MOTOR VEHICLES.
Chapter 3 of Title 56 of the 1976 Code is amended by adding:
Section 56-3-1010. As used in this article:
(1) `Fleet' means two hundred or more marked passenger vehicles or property carrying vehicles with empty weight of not more than five thousand pounds and a gross vehicle weight of not more than eight thousand pounds, owned or long-term leased by a corporation or other legal entity, and registered in this State pursuant to this article.
(2) `Marked vehicle' means a vehicle with a name, trademark, or logo located either on the sides or the rear of the vehicle in sharp contrast to the background and of a size, shape, and color that is legible during daylight hours from a distance of fifty feet.
(3) `Department' means the South Carolina Department of Highways and Public Transportation.
Section 56-3-1020. A corporation or other legal entity may register its fleet on an annual basis so that the registration of all passenger vehicles in the fleet expires in the same month instead of staggered vehicle registration. The month of expiration must be approved by the department. The department may issue special license plates and registration cards for fleet motor vehicles upon application on a form issued by the department. The application must be approved if it contains the information necessary for qualification as a fleet motor vehicle, provide a list of all vehicles to be included in the fleet, and upon payment of a filing fee of one hundred dollars. The filing fee is in addition to the registration fees required by this chapter.
Section 56-3-1030. Upon approval of the application for fleet registration, the director shall issue a fleet registration card and license plate for each of the qualified vehicles in the fleet. The fleet registration card must be carried in the vehicle at all times and made available to a law enforcement officer on demand. The license plate must be displayed in the manner prescribed by the department.
Section 56-3-1040. The fee for passenger carrying vehicles registered as part of a fleet under the provisions of this article is the same fee imposed by Section 56-3-620. The fee for property-carrying vehicles registered as part of a fleet under the provisions of this article is the same fee imposed by Section 56-3-660. A vehicle added to the fleet during the registration year must be registered in accordance with the provisions of this article. The fee for licensing and registration may be prorated as prescribed by the department.
Section 56-3-1050. Upon renewal of the fleet registration, the department shall require payment of full licensing fees for every vehicle registered in this preceding year unless the vehicle has been properly deleted from the fleet.
To delete a vehicle from the fleet, the fleet registration card and the fleet license plate must be surrendered to the department. If the card or license plate is lost or stolen, the person registering the fleet shall submit a sworn statement giving the circumstances for the inability to surrender the card or license plate."
TO AMEND SECTION 56-5-4140 OF THE 1976 CODE, RELATING TO EXEMPTIONS OF CERTAIN VEHICLES TO PERMIT REQUIREMENTS, SO AS TO INCLUDE IN THE EXEMPTIONS WELL DRILLING OR BORING RIGS OR VEHICLES USED TO TRANSPORT WELL DRILLING EQUIPMENT.
Section 56-5-4140(3) of the 1976 Code is amended to read:
"(3) Except on the interstate highway system:
(a) Dump trucks, dump trailers, trucks carrying agricultural products, concrete mixing trucks, fuel oil trucks, line trucks, and trucks designated and constructed for special type work or use, including, but not limited to, well-drilling and boring rigs, are not required to conform to the axle spacing requirements of this section but the vehicle is limited to a weight of twenty-five thousand pounds per axle plus scale tolerances and the maximum gross weight of these vehicles may not exceed the maximum weight allowed by this section for the appropriate number of axles, irrespective of the distance between axles, plus allowable scale tolerances.
(b) Concrete mixing trucks which operate within fifteen miles of their home base and well-drilling and boring rigs which operate seventy-five miles of their home base are not required to conform to the requirements of this section but these vehicles are limited to a maximum load of the rated capacity of the concrete mixer, the true gross load not to exceed seventy thousand pounds. All of these vehicles shall have at least three axles each with brake-equipped wheels."
* See note at end of act.
TO AMEND THE 1976 CODE BY ADDING SECTION 12-36-915 SO AS TO PROVIDE A SURCHARGE OF ONE DOLLAR FOR EACH ADULT FILM, VIDEO, OR RECORDING SOLD OR RENTED AT RETAIL, AND TO DEFINE "ADULT FILM, VIDEO, OR RECORDING" AND OTHER TERMS USED IN THIS SECTION, AND TO PROVIDE THAT REVENUE FROM THIS SURCHARGE MUST BE DEPOSITED TO THE CREDIT OF THE GENERAL FUND OF THE STATE.
A. The 1976 Code is amended by adding:
"Section 12-36-915. (A) As used in this section, unless the context otherwise requires:
(1) `Adult film, video, or recording' means a film, video, or recording that is distinguished or characterized by its emphasis on matter depicting, describing, or relating to specified anatomical areas or specified sexual activities.
(2) `Specified anatomical areas' means:
(a) less than completely and opaquely covered human genitals and pubic regions;
(b) human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(3) `Specified sexual activities' means:
(a) human genitals in a state of sexual stimulation or arousal;
(b) acts of human masturbation, sexual intercourse, or sodomy; or
(c) fondling or other erotic touchings of human genitals and pubic regions.
(B) Any retailer who makes a sale at retail or rental of any adult film, video, or recording shall pay to the commission a per item surcharge of one dollar for each adult film, video, or recording sold or rented at retail.
(C) The provisions of this chapter pertaining to the administration of the sales tax govern the administration of the surcharge imposed by this section. Revenue from the surcharge imposed by this section is not a portion of sales tax collections for purposes of Section 12-36-910 and the entire revenue from the surcharge must be deposited to the credit of the general fund of the State."
B. This section takes effect July 1, 1993.
TO AMEND SECTION 12-31-20 OF THE 1976 CODE, RELATING TO REGISTRATION AND IDENTIFICATION MARKERS, SO AS TO PROVIDE THAT THE DEPARTMENT MAY ENTER INTO RECIPROCAL AGREEMENTS WITH OTHER STATES FOR REGISTRATION AND IDENTIFICATION FUEL MARKERS FOR QUALIFIED VEHICLES.
A. Section 12-31-20 of the 1976 Code is amended to read:
"Section 12-31-20. The department shall enforce the provisions of this chapter with respect to the possession of correct registration and display of the proper identification marker. Notwithstanding other provisions of this chapter, the department may enter into an agreement with other states in a registration and identification marker reciprocal agreement known as the International Fuel Tax Agreement (IFTA). Qualified vehicles operating in accordance with this agreement are not required to purchase other fuel markers in member states."
B. This section will take effect July 1, 1994.
ALLOWING THE CORPORATE HEADQUARTERS CREDIT OF CERTAIN GROUPS OF CORPORATIONS FILING A CONSOLIDATED 1990 SOUTH CAROLINA CORPORATE INCOME TAX RETURN TO BE DETERMINED ON A CONSOLIDATED BASIS BY AGGREGATING CORPORATE HEADQUARTERS FUNCTIONS, EXPENDITURE AND EMPLOYMENT CREATIONS, AND CLASSIFICATIONS OF THE CORPORATIONS AND TO PROVIDE THAT THE RESULTING AGGREGATE CREDITS MAY BE CLAIMED AGAINST THE CORPORATE LICENSE TAX OF ANY CORPORATE MEMBER OF THE GROUP.
In the case of a group of corporations that filed a consolidated South Carolina corporate income tax return in 1990, if that group had aggregate expenditures in 1990 in excess of fifteen million dollars for qualifying real property costs under Section 12-7-1245 of the 1976 Code for facilities and property to be used substantially in connection with the supervision or management of restaurant and food service businesses and activities related thereto, the determination after 1989 of the eligibility under Section 12-7-1245 of the 1976 Code for credits against any tax due pursuant to Section 12-19-70 of the 1976 Code must be made on a consolidated basis by aggregating the corporate headquarters functions, the expenditures and the employment creations and classifications of the members of the group, and any resulting credits may be utilized against the tax liability under Section 12-19-70 of the 1976 Code of any member of the group.
TO AMEND THE 1976 CODE BY ADDING SECTION 44-56-164 SO AS TO CREATE THE PINEWOOD DEVELOPMENT AUTHORITY AND TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES; AND TO AMEND SECTION 44-56-163, RELATING TO THE PINEWOOD HAZARDOUS WASTE CONTINGENCY FUND AND THE PINEWOOD DEVELOPMENT FUND, SO AS TO DELETE DUPLICATE PROVISIONS.
A. The 1976 Code is amended by adding:
"Section 44-56-164. (A) There is created the Pinewood Development Authority a body politic and corporate. The authority shall consist of these ex officio members:
(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.
(B) The authority shall approve, by a majority vote, the expenditure of funds from the Pinewood Development Fund, as created in Section 44-56-164(B) and may acquire and develop real and personal property and exercise all powers incidental to developing the Pinewood area pursuant to Section 44-56-164(B)."
B. Section 44-56-163(B) of the 1976 Code, as added by Act 501 of 1992, is amended to read:
"(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. 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. This section takes effect July 1, 1993.
TO AMEND SECTION 12-7-1220, AS AMENDED, OF THE 1976 CODE, RELATING TO THE TARGETED JOBS CORPORATE TAX CREDIT, SO AS TO ALLOW SHAREHOLDERS OF A SUBCHAPTER S CORPORATION OTHERWISE QUALIFYING FOR THE CREDIT AND WHICH ALSO QUALIFIES TO USE THE FEE IN LIEU OF PROPERTY TAXES TO CLAIM THE CREDIT AGAINST THE STATE INDIVIDUAL INCOME TAX LIABILITY OF THE SHAREHOLDER.
A. Section 12-7-1220 of the 1976 Code, as last amended by Act 331 of 1992, is further amended by adding an appropriately lettered subsection at the end to read:
"( )(1) If a corporation qualifies to use the fee in lieu of property taxes provided in Section 4-29-67 and fails to qualify for a credit under this section solely because it is an S corporation, then each of the shareholders of the S corporation qualifies for a nonrefundable credit against taxes imposed pursuant to Section 12-7-210.
(2) The amount of the credit allowed a shareholder by this subsection is equal to the shareholder's percentage of stock ownership for the taxable year multiplied by the amount of the credit the corporation would have been entitled to if it were not an S corporation.
(3) A credit claimed under this subsection but not used in a taxable year may be carried forward for ten years from the close of the tax year in which the credit is earned by the S corporation. However, the credit established by this section taken in one tax year may not exceed fifty percent of the taxpayer's tax liability under Section 12-7-210."
B. This section is effective for taxable years beginning after 1992.
TO AMEND SECTION 12-36-2610, AS AMENDED, OF THE 1976 CODE, RELATING TO THE DISCOUNT ALLOWED FOR TIMELY PAYMENT OF THE SALES TAX, SO AS TO ALLOW A DISCOUNT NOT TO EXCEED TEN THOUSAND DOLLARS IN ONE STATE FISCAL YEAR FOR AN OUT-OF-STATE RETAILER VOLUNTARILY COLLECTING AND REMITTING USE TAX ON TANGIBLE PERSONAL PROPERTY SOLD TO CUSTOMERS IN THIS STATE.
Whereas, the General Assembly notes that there are many retail sales transactions for which there is no obligation to collect the South Carolina use tax under Quill v. North Dakota, 112 S.Ct. 1904 (1992); and
Whereas, to encourage the collection of South Carolina's use tax and to alleviate undue burdens of collections dealing with nonresident retailers an increased discount is appropriate. Now, therefore,
A. The second paragraph of Section 12-36-2610 of the 1976 Code, as amended by Act 501 of 1992, is further 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. However, a person making sales into this State who cannot be required to register for sales and use tax under applicable law but who nevertheless voluntarily registers to collect and remit use tax on items of tangible personal property sold to customers in this State is entitled to a discount on returns filed as otherwise provided in this section not to exceed ten thousand dollars during any one state fiscal year."
B. This section takes effect July 1, 1992.
TO AMEND THE 1976 CODE BY ADDING SECTION 4-10-65 SO AS TO PROVIDE FURTHER FOR THE MANNER IN WHICH FUNDS ARE DISTRIBUTED WHICH ARE COLLECTED BY THE TAX COMMISSION FROM THE LOCAL OPTION SALES TAX WHICH ARE NOT IDENTIFIED AS TO THE GOVERNMENTAL UNIT DUE THE TAX.
The 1976 Code is amended by adding:
"Section 4-10-65.Funds collected by the Tax Commission from the local option sales tax which are not identified as to the governmental unit due the tax, shall, after a reasonable effort by the commission to determine the appropriate governmental unit, be deposited to a local option supplemental revenue fund. These funds must be distributed in accordance with Section 4-10-60 to those counties generating less than the minimum distribution."
TO AMEND THE 1976 CODE BY ADDING SECTION 61-1-105 SO AS TO PROVIDE FOR A REFUND OF A PORTION OF A BIENNIAL LICENSE OR PERMIT WHEN A LICENSEE OR PERMITTEE CLOSES THE BUSINESS UNDER CERTAIN CIRCUMSTANCES.
The 1976 Code is amended by adding:
"Section 61-1-105.If a biennial licensee or permittee under this title closes the licensed or permitted business for loss of the business lease or due to fire or other natural disaster or dies within the first year of the biennial license or permit year, the licensee or permittee or his estate must be refunded the amount of the license or permit fee attributable to the second year of the biennial license or permit year."
TO AMEND SECTION 12-4-340 OF THE 1976 CODE, RELATING TO THE AUTHORITY TO CONTRACT WITH A COLLECTION AGENCY TO COLLECT DELINQUENT TAXES, SO AS TO PROVIDE FOR THE COLLECTION FROM ANY TAXPAYER.
Section 12-4-340 of the 1976 Code, as added by Act 50 of 1991, is amended to read:
"Section 12-4-340. The commission, for the purposes of collecting delinquent taxes due from a taxpayer, may contract with a collection agency, within or without the State, for the collection of delinquent taxes, including penalties and interest as provided in Section 12-54-227."
"( ) If a seller finances all or part of the transaction, in lieu of remitting the tax due on each installment payment, the seller may give the buyer an affidavit stating that, for state income tax purposes, he will elect out of installment sales treatment, as defined by Section 453 of the Internal Revenue Code, and remit the entire amount of tax to be due over the period of the installment agreement, no later than the date provided in Section 12-9-530."
TO AMEND SECTION 12-36-2570 OF THE 1976 CODE, RELATING TO THE TIME FOR PAYMENT OF SALES AND USE TAX, SO AS TO AUTHORIZE THE TAX COMMISSION TO ENTER INTO AN AGREEMENT WITH A TAXPAYER ALLOWING THE TAXPAYER TO REMIT THE TAX ON STATISTICAL FACTORS PROVIDED IN THE AGREEMENT AND TO ALLOW THIS REPORTING ONLY FOR PURCHASES BY THE TAXPAYER FOR ITS USE, STORAGE, OR CONSUMPTION.
A. Section 12-36-2570 of the 1976 Code is amended by adding at the end:
"(E) The commission may enter into an agreement with a taxpayer which allows the taxpayer to remit the tax on statistical factors as set forth in the agreement. This method of reporting only applies to purchases by the taxpayer for its use, storage, or consumption, and not to purchases by the taxpayer for resale."
B. This section takes effect July 1, 1993.
TO AMEND SECTION 12-43-220, AS AMENDED, OF THE 1976 CODE, RELATING TO PROPERTY CLASSIFICATION AND ASSESSMENT RATIOS FOR PURPOSES OF AD VALOREM TAXES, SO AS TO PROVIDE THAT THE FOUR PERCENT ASSESSMENT RATIO FOR OWNER OCCUPIED RESIDENTIAL REAL PROPERTY APPLIES WHEN THE REAL PROPERTY IS HELD IN TRUST AND THE TRUSTEE CERTIFIES TO THE ASSESSOR THAT THE RESIDENCE IS OCCUPIED BY THE INCOME BENEFICIARY OF THE TRUST, AND TO AMEND SECTION 12-37-266, RELATING TO THE APPLICATION OF THE HOMESTEAD EXEMPTION TO PROPERTY HELD IN TRUST FOR LIFE, SO AS TO PROVIDE THAT THE EXEMPTION APPLIES WHEN THE OTHERWISE ELIGIBLE BENEFICIARY OF A TRUST POSSESSES USE OF THE DWELLING.
A. Section 12-43-220(c) of the 1976 Code, as last amended by Act 361 of 1992, is further amended to read:
"(c) The legal residence and not more than five acres contiguous thereto, when owned totally or in part in fee or by life estate and occupied by the owner of the interest, is taxed on an assessment equal to four percent of the fair market value of the property. If residential real property is held in trust and the income beneficiary of the trust occupies the property as a residence, then the assessment ratio allowed by this item applies if the trustee certifies to the assessor that the property is occupied as a residence by the income beneficiary of the trust. When the legal residence is located on leased or rented property and the residence is owned and occupied by the owner of a residence on leased property, even though at the end of the lease period the lessor becomes the owner of the residence, the assessment for the residence is at the same ratio as provided in this item. If the lessee of property upon which he has located his legal residence is liable for taxes on the leased property, then the property upon which he is liable for taxes, not to exceed five acres contiguous to his legal residence, must be assessed at the same ratio provided in this item. If this property has located on it any rented mobile homes or residences which are rented or any business for profit, this four percent value does not apply to those businesses or rental properties. This subsection (c) is not applicable unless the owner of the property or his agents make written application to the county assessor on or before the first penalty date for taxes due for the first tax year in which the assessment under this article is made and certify to the following statement: `Under the penalty of perjury I certify that I meet the qualifications for the special assessment ratio for a legal residence as of January first of the appropriate tax year'."
B. Section 12-37-266 of the 1976 Code is amended to read:
"Section 12-37-266. (1) When a trustee holds legal title to a dwelling that is the legal residence of a beneficiary sixty-five years of age or older, or totally and permanently disabled, or blind, and the beneficiary possesses the use of the dwelling, the dwelling is exempt from property taxation in the amount and manner as dwellings are exempt under Section 12-37-250 if the beneficiary meets the other conditions required for the exemption. The trustee annually shall apply to the county auditor for the exemption on a form approved by the Comptroller General.
(2) The Comptroller General shall reimburse the taxing entity for the taxes not collected by reason of the exemption in the same manner and under the same conditions as reimbursement is provided for the exemption allowed pursuant to Section 12-37-250."
C. This section is effective beginning with property tax year 1993 for trusts qualifying as of December 31, 1992, for which the appropriate applications have been filed.
TO AMEND THE 1976 CODE BY ADDING SECTION 56-3-2325 SO AS TO PROVIDE PENALTIES FOR VIOLATION OF DEALER PLATES; TO AMEND SECTION 56-3-2320, AS AMENDED, RELATING TO DEALER AND WHOLESALER PLATES, SO AS TO PROVIDE ADDITIONAL RESTRICTIONS ON THE ISSUANCE OF DEALER LICENSE PLATES AND PROHIBIT THE ISSUANCE OF WHOLESALER LICENSE PLATES; TO AMEND SECTION 56-3-2350, RELATING TO SPECIAL REGISTRATION, SO AS TO PROVIDE FOR USE OF TRANSPORTER LICENSE PLATES FOR DEALERS; TO AMEND SECTIONS 12-36-90 AND 12-36-110, BOTH AS AMENDED, RELATING TO GROSS PROCEEDS OF SALES AND SALE AT RETAIL, SO AS TO EXEMPT A MOTOR VEHICLE USED WITH A DEALER LICENSE PLATE FROM IMPOSITION OF TAX.
A. The 1976 Code is amended by adding:
"Section 56-3-2325.A person who misuses a dealer license plate issued pursuant to this article must be fined three hundred dollars or forfeit the dealer license plate, or both."
B. Section 56-3-2320 of the 1976 Code, as last amended by Act 498 of 1992, is further amended to read:
"Section 56-3-2320. (A) Upon application being made and the required fee being paid to the department, the department may issue dealer license plates to a licensed motor vehicle dealer. The license plates, notwithstanding any provision of this chapter to the contrary, may be used exclusively on motor vehicles owned by, or assigned to the dealer when operated on the highways of this State by the dealer, its corporate officers, its employees, or a prospective purchaser of the motor vehicle. The use by a prospective purchaser is limited to seven days and the dealer must provide the prospective purchaser with a dated demonstration certificate. The certificate must be approved by the department. Dealer plates may not be used to operate wreckers or service vehicles in use by the dealer, nor to operate vehicles owned by the dealer that are leased or rented by the public. No dealer plates may be issued by the department unless the dealer furnishes proof in a form acceptable to the department that he has a retail business license as required by Chapter 36 of Title 12 and has made at least fifty sales of motor vehicles in the twelve months preceding his application for a dealer plate. The sales requirement may be waived by the department if the dealer has been licensed for less than one year. However, a dealer that sells less than fifty but more than ten vehicles in the twelve months preceding his application for a dealer plate is eligible to obtain one dealer license plate. The cost of this plate is three hundred dollars. Twenty dollars of this fee must be remitted to the department and the balance of this fee must be remitted to the treasury of the county in which the dealer is licensed.
A dealer may be issued plates at a rate of one for every twenty vehicles sold during the preceding year. For good cause shown, the department in its discretion may issue extra plates. If the dealer has been licensed less than one year, the department shall issue a number of license plates based on an estimated number of sales for the coming year. The department may increase or decrease the number of plates issued based on actual sales made.
The cost of each dealer plate issued is twenty dollars.
Notwithstanding the provisions of this section, a dealer franchised exclusively for the sale of heavy duty trucks is eligible to obtain dealer license plates for exclusive use on the heavy duty trucks regardless of the number of trucks sold by him during the preceding required number of months. These dealer license plates for trucks must be noted with a distinct and separate identification and used only on heavy duty trucks.
(B) For purposes of this section, the testing or demonstration of a truck as defined in Section 56-3-20(10) includes permitting a prospective buyer to use the truck for carrying merchandise or cargo for a period not to exceed three days upon the dealer providing the buyer with a special demonstration certificate for this purpose. The form and content of the demonstration certificate must be as prescribed by regulation of the department which also shall provide certificates to dealers upon their request. The original certificate must be kept by the buyer in the cab of the truck during the three-day demonstration period, and the dealer shall retain a copy of the certificate and also shall mail a copy of the certificate to the department within twenty-four hours after it is issued to the buyer."
C. Section 56-3-2350 of the 1976 Code is amended to read:
"Section 56-3-2350. (A) A person engaged in a business of limited operation of motor vehicles to facilitate the manufacture or construction of cabs or bodies or the foreclosure or repossession of these motor vehicles may apply to the department for special registration to be issued to and used by the person upon the following conditions:
(1) Application must be in a form prescribed by the department to include the applicable liability insurance as prescribed by statute and filed with the department each year. The application must include the name and residence address of applicant, (a) if an individual, the name under which he intends to conduct business, (b) if a partnership, the name and residence address of each member of the partnership, and the name under which the business is to be conducted, (c) if a corporation, the name and company addresses of the corporation, and the name and residence address of each of its officers.
(2) The application must be certified by the applicant and by an agent of the department to verify the facts as set forth in the application.
(3) The annual fee for registration is fifty dollars, plus an annual fee of ten dollars for each license plate.
(B) A motor vehicle dealer or wholesaler duly licensed under Section 56-15-310 may purchase transporter license plates and use them solely for transporting motor vehicles and heavy duty trucks from one place of sale to another place of sale. Any other use of a transporter license plate by a duly licensed dealer or wholesaler is subject to a three hundred dollar fine and loss of the license plate."
D. Section 12-36-90(2) of the 1976 Code, as last amended by Section 74A, Part II, Act 612 of 1990, is further amended by adding:
"(e) a motor vehicle operated with a dealer or transporter license plate and used in accordance with the provisions of Section 56-3-2320;"
E. Section 12-36-110(1)(c) of the 1976 Code, as last amended by Section 74A, Part II, Act 612 of 1990, is further amended by adding:
"(v) a motor vehicle operated with a dealer or transporter license plate and used in accordance with the provisions of Section 56-3-2320;"
TO AMEND SECTION 57-25-150, AS AMENDED, OF THE 1976 CODE, RELATING TO PERMIT FEES FOR DIRECTIONAL SIGNS, SO AS TO PROVIDE FOR A FIFTEEN DOLLAR FEE FOR DIRECTIONAL SIGNS RELATING TO NATIONAL HISTORIC LANDMARKS.
A. Section 57-25-150 of the 1976 Code, as last amended by Act 473 of 1992, is further amended by adding:
"(H) National Historic Landmark Section 501 (C)3 properties located along South Carolina highways are allowed to erect small directional signs no more frequently than one a mile within six miles of such properties.
The signs shall state the name of the historic property and mileage and comprise no more than twenty letters measuring no more than fifteen inches by thirty-six inches and painted using a single color or a neutral background.
The South Carolina Department of Highways and Public Transportation shall issue a permit sticker for each sign for an annual fee of fifteen dollars a sign. The department is also authorized to issue regulations as are necessary to implement the permit process and the conditions and restrictions for the proper placement, height, and design as necessary to the efficient administration of this subsection. The department has no responsibility for erecting these permitted signs."
B. This section takes effect July 1, 1993.
TO PROVIDE THAT EFFECTIVE JULY 1, 1993, NO GOVERNMENTAL AGENCY OR QUASI-GOVERNMENTAL ENTITY OR AGENCY SHALL PAY A CONTINGENCY FEE OR BONUS TO PRIVATE COUNSEL RETAINED BY SUCH AGENCY OR ENTITY FOR LEGAL REPRESENTATION, UNLESS SUCH CONTINGENCY FEE OR BONUS ARRANGEMENT HAS BEEN REDUCED TO WRITING SETTING FORTH THE PARAMETERS OF THE EMPLOYMENT AND THE TERMS OF PAYMENT PRIOR TO THE INITIATION OF SUCH REPRESENTATION.
Notwithstanding any other provision of law, effective July 1, 1993, no governmental agency or quasi-governmental entity or agency shall pay a contingency fee or bonus to private counsel retained by such agency or entity for legal representation, unless such contingency fee or bonus arrangement has been reduced to writing setting forth the parameters of the employment and the terms of payment prior to the initiation of such representation.
TO AMEND TITLE 1 OF THE 1976 CODE, RELATING TO THE ADMINISTRATION OF
GOVERNMENT, BY ADDING CHAPTER 31 SO AS TO CREATE THE STATE COMMISSION FOR
MINORITY AFFAIRS AND TO PROVIDE FOR ITS FUNCTIONS, POWERS, AND DUTIES.
Whereas, the unemployment rate for African-American males is nearly three times higher than the
rate for white males in South Carolina; and
Whereas, per capita income for African-Americans in South Carolina is less than half the income of whites; and
Whereas, four out of every ten African-American children will grow up in poverty in South Carolina; and
Whereas, African-Americans die six years earlier than whites in South Carolina; and
Whereas, African-American males in South Carolina have the lowest recorded life expectancy for their group in any other state in the nation; and
Whereas, the African-American infant mortality rate is more than twice as high as whites in South Carolina; and
Whereas, African-American high school graduates attain literacy levels slightly above white eighth graders; and
Whereas, African-American males receive only six percent of the total degrees from higher education in South Carolina; and
Whereas, while the number of African-American males in higher education has decreased, the number of African-American males in correctional institutions is on the rise; and
Whereas, the percentage of African-American inmates at the Central Correctional Institution in South Carolina is over seventy percent; and
Whereas, African-American youth make up seventy-four percent of commitments to long-term facilities; and
Whereas, African-American children are four and a half times more likely to be incarcerated than are their white counterparts in South Carolina; and
Whereas, South Carolina currently has the worse violent crime rate in the nation; and
Whereas, African-Americans make up a third of the population in South Carolina; and
Whereas, other states with lower percentages of African-Americans and higher standards of living for those African-Americans have already implemented like commissions; and
Whereas, local groups throughout the State are initiating programs to relieve the socio-economic deprivation of African-Americans in their communities; and
Whereas, these community-based groups would benefit greatly from clear state-based leadership. Now, therefore,
Title 1 of the 1976 Code is amended by adding:
Section 1-31-10. There is created a State Commission for Minority Affairs consisting of seven members and the Governor ex officio. The Governor shall appoint one person from each of the six congressional districts of the State and one person from the State at-large upon the advice and consent of the Senate. The Governor shall designate the chairman. The members serve for a term of four years and until their successors are appointed and qualify. Of the members first appointed, those appointed from the even-numbered congressional districts serve for a term of two years; those appointed from the odd-numbered congressional districts and the member appointed at-large serve for a term of four years. A vacancy must be filled in the same manner as original appointment for the remainder of the unexpired term. A majority of the members of the commission must be African-American.
Section 1-31-20. The commission shall meet at least monthly to study the causes and effects of the socio-economic deprivation of minorities in the State and to implement programs necessary to address inequities confronting minorities in the State.
Section 1-31-30. The commission is authorized to hire an executive director and other personnel necessary to carry out its duties and functions under this chapter. The General Assembly shall provide for the funds in the annual appropriations act.
Section 1-31-40. The commission shall:
(1) provide the minority community with a single point of contact for statistical and technical assistance in the areas of research and planning for a greater economic future;
(2) work with minority officials on the state, county, and local levels of government in disseminating statistical data and its impact on their constituencies;
(3) provide for publication of a statewide statistical abstract on minority affairs;
(4) provide statistical analyses for members of the General Assembly on the state of minority communities as the State experiences economic growth and changes;
(5) provide the minority community with assistance and information on Voting Rights Act submissions in the State, as well as other related areas of concern to the minority community.
(6) act as liaison with the business community to provide programs and opportunities to fulfill its duties under this chapter;
(7) perform other duties necessary to implement programs. The commission may delegate these powers and duties as necessary.
Section 1-31-50. The commission may promulgate those regulations necessary to carry out its duties under this chapter."
TO AMEND SECTION 40-7-240 OF THE 1976 CODE, RELATING TO THE GROUNDS FOR REFUSAL TO ISSUE OR RENEW OR GROUNDS TO SUSPEND OR REVOKE A CERTIFICATE OF REGISTRATION ISSUED BY THE BOARD OF BARBER EXAMINERS, SO AS TO PROVIDE AN ADDITIONAL GROUND PERTAINING TO SANITARY MANAGEMENT OF BARBERSHOPS AND BARBER SCHOOLS.
Section 40-7-240(6) of the 1976 Code is amended to read:
"(6) commission of one or more of the offenses described in Section 40-7-220 (3), (4), (6), (7), and (8); "
TO REPEAL SECTION 2-1-185 OF THE 1976 CODE RELATING TO PAY RAISES FOR MEMBERS OF THE GENERAL ASSEMBLY.
Section 2-1-185 of the 1976 Code is repealed.
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 1993-94.
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 takes effect immediately upon its approval by the Governor.
In the Senate House June 15, 1993.
Nick A. Theodore,
President of the Senate
Robert J. Sheheen,
Speaker of the House of
Representatives
*Provisions printed in italic boldface were vetoed by the Governor June 21, 1993. The General Assembly sustained the vetoes on June 25, 1993.
Unless otherwise stated, provisions not vetoed by the Governor took effect June 21, 1993.