Bill 4820

BIL: 4820.P2

TXT:

The Code Commissioner is directed to include all permanent general laws in this Part in the next edition of the Code of Laws of South Carolina, 1976, and all supplements to the Code.

             Governor                                           $106,078
             Lieutenant Governor                                  46,545
             Secretary of State                                   92,007
             State Treasurer                                      92,007
             Attorney General                                     92,007
             Comptroller General                                  92,007
             Superintendent of Education                          92,007
             Adjutant General                                     92,007
             Commissioner of Agriculture                          92,007

B. This section takes effect when the officers listed in Section 1-1-1210 of the 1976 Code as amended by this section assume office in 1995.

*See note at end of act.

TO AMEND SECTION 12-7-435, AS AMENDED, OF THE 1976 CODE, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INDIVIDUAL INCOME TAX, SO AS TO ALLOW A RESIDENT TAXPAYER A DEDUCTION FOR EACH DEPENDENT CLAIMED ON THE TAXPAYER'S FEDERAL INCOME TAX RETURN WHO HAS NOT YET ATTAINED THE AGE OF SIX YEARS DURING THE APPLICABLE TAX YEAR, TO MAKE THE DEDUCTION CONTINGENT UPON IDENTIFICATION OF A REVENUE SOURCE, AND PROVIDE FOR THE REVENUE SOURCE FOR FISCAL YEAR 1994-95 ONLY AS A DELAY IN THE FINAL STEP IN THE NET CAPITAL GAIN DEDUCTION.

Section 12-7-435 of the 1976 Code, as last amended by Act 171 of 1991, is further amended by adding an appropriately lettered item to read:

"( ) A resident individual taxpayer is allowed a deduction for each dependent claimable on the taxpayer's federal income tax return who has not yet attained the age of six years during the applicable tax year. This deduction is contingent upon the identification in the annual general appropriations act of revenues sufficient to offset the revenue loss caused by the exemption and for fiscal year 1994-95 only, the revenue source is a one year delay in the final step of the state individual income tax deduction allowed a portion of net capital gain. Accordingly, notwithstanding the provisions of Section 12-7-437, the provisions of Section 12-7-437(A)(2) apply for the 1994 taxable year and the provisions of Section 12-7-437(A)(3) apply for taxable years beginning after 1994. The deduction allowed by this section is an amount equal to a percentage of the federal income tax personal exemption amount allowed for the applicable taxable year as follows:

        Taxable year 1994                    twenty-five percent
        Taxable year 1995                    fifty percent
        Taxable year 1996                    seventy-five percent
        Taxable years after 1996             one hundred percent."

TO AMEND SECTION 48-23-100, AS AMENDED, OF THE 1976 CODE, RELATING TO FOREST TREE SALES BY THE STATE COMMISSION OF FORESTRY, SO AS TO DELETE REFERENCES TO FOREST TREES AND THE REQUIREMENT THAT SALE COSTS MAY NOT EXCEED THE COST OF PRODUCTION AND DISTRIBUTION, AUTHORIZE ADDITIONAL USES FOR THE TREES SOLD, AND PROVIDE THAT SALE PROCEEDS MAY BE RETAINED BY THE COMMISSION AND USED IN THE OPERATION OF TREE NURSERIES AND SEED ORCHARDS.

The first three unnumbered paragraphs of Section 48-23-100 of the 1976 Code are amended to read:

"The State Commission of Forestry may grow and sell tree seedlings and transplants to landowners desiring to plant them for reforestation, wildlife, and Christmas tree purposes.

No trees may be sold by the commission under the provisions of this section that are to be planted for table trees, potted trees, or shade trees or for ornamental use. Nothing in this section may be construed to prohibit the commission from growing seedlings or transplants for distribution to be planted on state or federal lands, public school grounds, and other public institutions or along state highways.

All receipts from the sale of tree seedlings or transplants under the provisions of this section must be retained by the Forestry Commission for use by the commission in the operation of forest tree nurseries and seed orchards."

TO AMEND SECTION 44-20-1170, AS AMENDED, OF THE 1976 CODE, RELATING TO USE AND DISPOSITION OF EXCESS DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS FUNDS, SO AS TO PERMIT THE DEPARTMENT TO USE EXCESS DEBT SERVICE FUNDS FOR NONRECURRING PREVENTION, ASSISTIVE TECHNOLOGY, AND QUALITY INITIATIVES.

A. Section 44-20-1170(B) of the 1976 Code, as last amended by Part II, Section 3, Act 164 of 1993 and Section 1078, Act 181 of 1993, is further 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 disabilities and special needs boards for needed improvements at the local level and for nonrecurring prevention, assistive technology, and quality initiatives at the regional centers and local boards."

B. This section takes effect July 1, 1994.

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 WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986; AND TO AMEND SECTION 12-9-390, AS AMENDED, RELATING TO REQUIREMENTS APPLICABLE TO INCOME TAX WITHHOLDING, SO AS TO PROVIDE THAT THESE REQUIREMENTS AUTOMATICALLY CONFORM TO FEDERAL WITHHOLDING REQUIREMENTS WHEN THE STATE INCOME TAX LAW FEDERAL REFERENCE DATE CHANGES.

A. Section 12-7-20(11) of the 1976 Code, as last amended by Section 7, Part II, Act 164 of 1993, is further amended to read:

"(11) `Internal Revenue Code' means the Internal Revenue Code of 1986 as amended through December 31, 1993."

B. Section 12-9-390 of the 1976 Code, as last amended by Act 109 of 1991, is further amended to read:

"Section 12-9-390.

(A) (1) Resident withholding agents who are required to deposit and pay withholding to the Internal Revenue Service under the provisions of the Internal Revenue Code as defined in Section 12-7-20(11) and applicable federal regulations adopted by the department, shall remit all South Carolina taxes withheld pursuant to this chapter on or before the date their federal withholding taxes are due.

(2) If a resident withholding agent is required under the Internal Revenue Code to deposit withheld funds at a financial institution, then the withholding agent shall deposit the funds required to be withheld under this chapter at a financial institution selected by the State Treasurer.

(3) If a resident withholding agent is not required to deposit and pay federal withholding to the Internal Revenue Service under the provisions of the Internal Revenue Code and applicable regulations, the resident withholding agent shall remit South Carolina withholding to the department in accordance with subsection (B).

(B) A nonresident withholding agent and a resident withholding agent described in subsection (A)(3) shall make a return and remit taxes withheld under this chapter as follows:

(1) on or before the fifteenth day of the month following the month in which the aggregate amount withheld is five hundred dollars or more; or

(2) on or before the last day of the month following the quarter in which funds were withheld if the aggregate amount withheld in a calendar quarter is less than five hundred dollars.

(C) In order to maintain conformity with the federal withholding system, the department may by rule adopt new federal withholding regulations."

TO AMEND SECTION 11-11-140 OF THE 1976 CODE, RELATING TO LIMITATIONS ON GENERAL FUND APPROPRIATIONS IN THE ANNUAL GENERAL APPROPRIATIONS ACT, SO AS TO INCLUDE IN THE CALCULATION OF THE BASE REVENUE ESTIMATE RECURRING GENERAL FUND REVENUE ENHANCEMENTS IN THE CURRENT FISCAL YEAR IF CERTIFIED BY THE BOARD OF ECONOMIC ADVISORS.

A. Section 11-11-140(B)(1)(a) of the 1976 Code, as added by Act 162 of 1993, is amended to read:

"(a) the total of recurring general fund revenues collected in the fiscal year completed before the

General Assembly first considers the annual general appropriations bill increased by any recurring general fund revenue enhancements occurring in the current fiscal year if such enhancements are certified by the Board of Economic Advisors;"

B. This section takes effect upon approval by the Governor.

TO AMEND THE 1976 CODE BY ADDING SECTION 48-23-145 SO AS TO PROVIDE FOR COMPENSATION SUPPLEMENTS FOR COMMISSION OF FORESTRY PERSONNEL.

A. The 1976 Code is amended by adding:

"Section 48-23-145. Compensation supplements paid commission personnel by counties or other political subdivisions, or both, must not be extended to additional employees nor increased."

B. This section takes effect July 1, 1994.

TO AMEND THE 1976 CODE BY ADDING SECTION 48-23-132 SO AS TO PROVIDE FOR THE USE OF REVENUE RECEIVED FROM CERTAIN SOURCES BY THE COMMISSION OF FORESTRY.

A. The 1976 Code is amended by adding:

"Section 48-23-132. Revenue received from hunting privileges, rentals, fuel wood sales, the marketing of pine straw, merchantable timber, forest tree seed, and miscellaneous products on commission lands, excluding Sand Hills State Forest, must be retained by the commission to be used for reforestation of the Manchester State Forest, the development and operation of state forests and forest tree seed orchards, the maintenance of wildlife habitat, and the administration and operation of various programs on commission holdings. The commission may carry forward unexpended funds under this section to be used for those purposes."

B. This section takes effect July 1, 1994.

TO AMEND SECTION 1-1-1020, AS AMENDED, OF THE 1976 CODE, RELATING TO THE INSTALLMENT PURCHASE PROGRAM OF THE DIVISION OF GENERAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD FOR LEASE OR RESALE OF EQUIPMENT TO STATE AGENCIES, SO AS TO MOVE THE ADMINISTRATION OF THE PROGRAM TO THE OFFICE OF THE STATE TREASURER AND PROVIDE THAT THE PROGRAM IS FOR THE PURPOSE OF LENDING TO STATE AGENCIES TO LEASE OR PURCHASE CERTAIN TYPES OF EQUIPMENT PURSUANT TO STATE PROCUREMENT LAWS AND REGULATIONS, TO PROVIDE ADDITIONAL EQUIPMENT WHICH MAY BE PURCHASED PURSUANT TO THE PROGRAM, AND TO PROVIDE LOWER STATED RATES OF INTEREST FOR AGENCIES BORROWING AND FOR INSURANCE RESERVE FUND LOANS FOR OPERATING THE PROGRAM.

A. The General Assembly finds that in order to provide greater efficient and effective service to the various state agencies and institutions, all lease financing activities should be administered by one agency. The General Assembly recognizes that the Office of State Treasurer currently administers capital leases and third-party lease purchase financings. Therefore, it is appropriate for the Office of State Treasurer to administer the Installment Purchase Program.

B. Section 1-1-1020 of the 1976 Code, as last amended by Act 612 of 1990, is further amended to read:

"Section 1-1-1020. (A) The Office of State Treasurer is authorized to make installment loans to boards, commissions, institutions, and agencies of state government for the purpose of renting, leasing, or purchasing office equipment, telecommunications equipment, energy conservation equipment, medical equipment, data processing equipment, and related software in accordance with procurement statutes and regulations. When these loans are made, they must be at an interest rate not less than seven percent a year nor greater than fifteen percent a year.

(B) For the purpose of carrying out the provisions of subsection (A), the Office of State Treasurer may borrow up to thirty-five million dollars from the State Insurance Reserve Fund at an interest rate of six and one-half percent a year but these loans may not be made in an amount that jeopardizes the actuarial soundness of the fund.

(C) When making these loans, the Office of State Treasurer shall insure that sufficient sums are raised to reimburse the principal and interest payments to the Insurance Reserve Fund and to defray the cost of administering the provisions of this program, which costs may be retained by the Office of State Treasurer. Any excess funds must be deposited in the general fund of the State.

(D) The Budget and Control Board may from time to time review the interest rates assigned in subsections (A) and (B) and may adjust them as it considers appropriate.

(E) The Office of State Treasurer shall prescribe the procedures necessary to administer this program."

TO AMEND SECTION 20-7-2379, AS AMENDED, OF THE 1976 CODE, RELATING TO THE DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN, OFFICE OF THE GOVERNOR, SO AS TO PROVIDE THAT THE GOVERNOR RATHER THAN THE GENERAL ASSEMBLY SHALL SET THE SALARY FOR THE DIVISION DIRECTOR AND THE DIVISION STAFF.

The second paragraph of Section 20-7-2379 of the 1976 Code, as last amended by Section 305 of Act 181 of 1993, is further amended to read:

"The Governor may employ a division director to serve at his pleasure who may be paid an annual salary to be determined by the Governor. The director may be removed pursuant to the provisions of Section 1-3-240. The director shall employ staff as is necessary to carry out the provisions of this subarticle, and the staff must be compensated in an amount and in a manner as may be determined by the Governor. The provisions of this subarticle may not be construed to provide for subpoena authority."

TO AMEND SECTION 58-3-100, AS AMENDED, OF THE 1976 CODE, RELATING TO EXPENSES OF OPERATING THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE THAT THE COMMISSION SHALL OPERATE AS AN "OTHER-FUNDED AGENCY" AND THAT ALL FEES AND CHARGES IMPOSED BY THE COMMISSION FOR ITS OPERATION MAY BE RETAINED BY THE COMMISSION EXCEPT FEES AND CHARGES ATTRIBUTABLE TO THE TRANSPORTATION DIVISION IN EXCESS OF THE DIVISION'S OPERATING EXPENSES, WHICH MUST BE CREDITED TO THE GENERAL FUND OF THE STATE; TO PROVIDE FOR A SPECIFIC TRANSFER TO THE GENERAL FUND FOR FISCAL YEAR 1994-95; AND TO REQUIRE THE PUBLIC SERVICE COMMISSION TO DETERMINE, UPON WORKING WITH OTHERS WHETHER AN ADJUSTMENT SHOULD BE MADE IN THE LICENSE FEES CHARGED TO MOTOR CARRIERS BEGINNING FISCAL YEAR 1995-96.

A. Section 58-3-100 of the 1976 Code, as last amended by Section 1552, Act 181 of 1993, is further amended by adding at the end:

"Effective July 1, 1994, the commission shall operate as an other-funded agency. The fees and charges attributable to the Transportation Division which are in excess of the division's operating expenses must be remitted to the State Treasurer and credited to the general fund of the State. All other fees and charges imposed or collected by the commission may be retained by the commission."

B. Notwithstanding the provisions of Section 58-3-100 of the 1976 Code as amended by subsection A of this section and in fiscal year 1994-95 only, the Public Service Commission must generate at least $2,849,177 from motor transport fees, registration fees, and commission assessments for deposit to the credit of the general fund of the State.

C. The Public Service Commission shall work with the staff of the Governor's Office, the House and Senate budget writing committees, and the motor carrier industry to determine whether an adjustment should be made in the license fees charged to motor carriers beginning Fiscal Year 1995-96. This review must be made with the goal of reducing or eliminating the subsidy by motor carriers to the general fund.

D. This section takes effect July 1, 1994.

TO PROVIDE THAT FROM CERTAIN FEDERAL FUNDS AUTHORIZED TO SOUTH CAROLINA UNDER THE CARL PERKINS VOCATIONAL AND APPLIED TECHNOLOGY AND EDUCATION ACT, THE STATE DEPARTMENT OF EDUCATION MUST INCLUDE IN THE SOUTH CAROLINA PLAN FOR VOCATIONAL - TECHNICAL EDUCATION PLAN THE CLEMSON PUBLIC SERVICE ACTIVITIES FOR AGRICULTURAL TEACHER EDUCATION AND OTHER SERVICES AS PROVIDED FOR IN THE ACT, AND PROVIDE THE LEVEL OF FUNDING TO BE INCLUDED IN THAT PLAN.

The State Department of Education shall include in the State Plan for Vocational - Technical Education funding of the Clemson Public Service Activities for Agricultural Teacher Education and other services as provided for in the Carl Perkins Vocational and Applied Technology and Education Act. The level of funding to be provided must be no less than $59,000 and shall include an annual percentage increase or decrease in funding equal to any increases or decreases to the 1993-94 level of Carl Perkins Act funds allocated to South Carolina.

TO AMEND SECTION 44-20-355, AS AMENDED, OF THE 1976 CODE, RELATING TO THE FEE FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED, SO AS TO INCREASE THE FEE FROM FIVE DOLLARS TO EIGHT DOLLARS AND FIFTY CENTS A PATIENT DAY.

A. Section 44-20-355 of the 1976 Code, as last amended by Part II, Section 17B of Act 164 of 1993, is further amended to read:

"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 these facilities shall pay to the department a fee equal to eight dollars and fifty cents a patient day in these facilities. The department shall pay all proceeds from the fee into the general fund of the State."

B. This section takes effect July 1, 1994.

TO AMEND THE 1976 CODE BY ADDING SECTION 24-3-25 SO AS TO PROVIDE FOR THE MANNER IN WHICH APPROPRIATIONS SHALL BE PROVIDED AND DISBURSED TO THE DEPARTMENT OF JUVENILE JUSTICE FOR CERTAIN EDUCATIONAL PROGRAMS; BY ADDING SECTION 24-25-35 SO AS TO PROVIDE FOR THE MANNER IN WHICH APPROPRIATIONS SHALL BE PROVIDED AND DISBURSED TO THE PALMETTO UNIFIED SCHOOL DISTRICT 1 OF THE DEPARTMENT OF CORRECTIONS FOR CERTAIN EDUCATIONAL PROGRAMS; BY ADDING SECTION 59-21-355 SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH EDUCATION IMPROVEMENT ACT BUILDING AID APPROPRIATIONS SHALL BE ALLOCATED AND EXPENDED; BY ADDING SECTION 59-25-415 SO AS TO PROVIDE THAT CERTIFIED PERSONNEL WHO HAVE TAUGHT IN A SCHOOL DISTRICT FOR AT LEAST ONE YEAR AND WHO ARE DISMISSED FOR ECONOMIC REASONS HAVE PRIORITY FOR BEING REHIRED TO FILL ANY VACANCY FOR WHICH THEY ARE QUALIFIED WHICH OCCURS WITHIN TWO YEARS FROM THE DATE OF THEIR DISMISSAL; AND BY ADDING SECTION 59-67-421 SO AS TO PROVIDE THAT NO SCHOOL DISTRICT SHALL HAVE CERTAIN LIABILITY IN REGARD TO SCHOOL TRANSPORTATION WITHIN HAZARDOUS AREAS; TO AMEND SECTION 59-20-20, AS AMENDED, RELATING TO DEFINITIONS UNDER THE EDUCATION FINANCE ACT, SO AS TO FURTHER PROVIDE FOR THE DEFINITION OF "INDEX OF TAXPAYING ABILITY"; TO AMEND SECTION 59-20-40, AS AMENDED, RELATING TO THE DETERMINATION OF ANNUAL ALLOCATIONS UNDER THE EDUCATION FINANCE ACT, SO AS TO PROVIDE THAT IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT THE AVERAGE DAILY MEMBERSHIP PUPIL-TEACHER RATIO FOR GRADES 1 THROUGH 3 BE IMPLEMENTED TO THE EXTENT POSSIBLE ON AN INDIVIDUAL CLASS BASIS AND THAT THE PUPIL ENROLLMENT IN THESE GRADES SHOULD NOT EXCEED TWENTY-EIGHT PUPILS IN EACH CLASS; TO AMEND SECTION 59-20-50, AS AMENDED, RELATING TO THE LEVEL OF STATE AND LOCAL CONTRIBUTIONS AND SALARY SCHEDULES UNDER THE EDUCATION FINANCE ACT, SO AS TO FURTHER PROVIDE FOR THESE SALARY SCHEDULES, THE LEVEL OF REQUIRED STATE AND LOCAL EFFORT, AND THE MANNER IN WHICH SCHOOL DISTRICTS SHALL RECEIVE CERTAIN FUNDS UNDER THIS SECTION; AND TO AMEND SECTION 59-21-450, RELATING TO THE ALLOCATION OF UNEXPENDED BUDGET AMOUNTS IN THE EDUCATION IMPROVEMENT ACT FUND TO SCHOOL BUILDING AID PROGRAMS, SO AS TO REVISE THE FUNDS TO WHICH THIS SECTION APPLIES.

A. The 1976 Code is amended by adding:

"Section 24-3-25. Funds previously received by the Department of Juvenile Justice from the South Carolina Department of Education for programs now being consolidated under the Education Finance Act shall be disbursed to the Department of Juvenile Justice by the Department of Education from the appropriation provided in the annual general appropriations act and entitled `Education Finance Act'. The amount to be disbursed to the Department of Juvenile Justice must be sufficient to produce funds equal to the product of the number of students served by the Department of Juvenile Justice weighted according to the criteria established by the South Carolina Department of Education under the provisions of the Education Finance Act and the state portion of the appropriated value statewide of the base student cost, adjusted for twelve months operation. The Department of Juvenile Justice shall comply with the provisions of subsection (4) of Section 59-20-50 and subsections (1), (2), (3)(a), (4)(b), (c), (d), (e), and (f) of Section 59-20-60. The South Carolina Department of Education annually shall determine that these provisions are being met and include its findings in the report mandated in subsection (5)(e) of Section 59-20-60. If the accreditation standards set forth in the Defined Minimum Program for the Department of Juvenile Justice as approved by the State Board of Education are not met, funds by this section shall be reduced the following fiscal year according to the provisions set forth in the Education Finance Act."

B. The 1976 Code is amended by adding:

"Section 24-25-35. The Palmetto Unified School District 1 of the South Carolina Department of Corrections shall submit appropriate student membership information to the State Department of Education and the South Carolina Department of Education's appropriation request under the line item `Education Finance Act' shall include sufficient funds for the Palmetto Unified School District 1. The amount to be requested for the Palmetto Unified School District 1 shall be sufficient to produce funds equal to the product of the number of students served by the school district weighted according to the criteria established by the South Carolina Department of Education under the provisions of the South Carolina Education Act of 1977 and the state portion of the appropriated value statewide of the base student costs, adjusted for twelve months operation. The Palmetto Unified School District No. 1 shall comply with the following provisions of subsection (4) of Section 59-20-50, subsections (1), (2), (3)(a), (4)(b), (c), (d), (e), and (f) of Section 59-20-60. The South Carolina Department of Education annually shall determine that these provisions are being met and include its findings in the report mandated in subsection (5)(e) of Section 59-20-60. If the accreditation standards set forth in the Defined Minimum Program for the Palmetto Unified School District No. 1 as approved by the State Board of Education are not met, funds by this section shall be reduced the following fiscal year according to the provisions set forth in the Education Finance Act."

C. The 1976 Code is amended by adding:

"Section 59-21-355. (A) The amount appropriated in the annual general appropriations act for the Education Improvement Act building aid, construction, and renovation, after being appropriately adjusted, must be transferred to a special trust fund established by the Comptroller General. These funds shall remain available to the school districts of the State until approved for use in accordance with Section 59-21-350.

(B) The amount appropriated in the annual general appropriations act for the Education Improvement Act building aid, construction, and renovation must be allocated to eligible school districts based on the one hundred thirty-five day count of average daily membership for the second preceding fiscal year."

D. The 1976 Code is amended by adding:

"Section 59-25-415. Certified personnel who have taught in a school district for at least one year and who are dismissed for economic reasons have priority for being rehired to fill any vacancy for which they are qualified which occurs within two years from the date of their dismissal. A school district has complied with the requirements of this section by mailing a notice of intent to rehire to the teacher's last known address."

E. The 1976 Code is amended by adding:

"Section 59-67-421. In relation to expenditures for transportation within hazardous areas as authorized by Section 59-67-420, no school district shall suffer liability for designation of such area as within the authority of Section 59-67-420 or for failure to designate any area as hazardous."

F. Section 59-20-20(3) of the 1976 Code is amended by adding at the end:

"The index of taxpaying ability for a particular current year shall not include the assessed value of property in a school district which is classified under Section 12-43-220(a) and Section 12-43-220(e), which is at least fifteen percent of the total assessed value of real property in the school district, which on February first of the year has been in bankruptcy status for a minimum of thirty consecutive months, and on which no local school property taxes have been collected for at least two consecutive fiscal years. It is the responsibility of the county auditor to report such exclusions from the index to the Department of Revenue and Taxation and to immediately notify the Department of Revenue and Taxation of any change in the bankruptcy status of such real property or any collection of school property taxes from such real property."

G. Section 59-20-40(5) of the 1976 Code is amended by adding at the end:

"It is the intent of the General Assembly that the average daily membership pupil-teacher ratio for grades 1 through 3 stipulated in the chapter be implemented to the extent possible on an individual class basis and that the pupil enrollment in these grades should not exceed twenty-eight pupils in each class."

H. Section 59-20-50 of the 1976 Code, as last amended by Section 28B, Part II, Act 171 of 1991, is further amended to read:

"Section 59-20-50. (1) Notwithstanding the computations prescribed in Section 59-20-40, the level of state contributions to each district shall not be reduced to a per-pupil level of foundation program funds below that per-pupil level of state funding of programs for the fiscal years prior to implementation of this chapter which will be incorporated in the foundation program.

Provided, no district shall receive annually an increase in state funds less than the full rate of the inflationary adjustment in the base student cost specified in Section 59-20-40(1)(b). This increase shall be computed annually over and above the amount actually received from the State for the foundation program in the prior fiscal year.

Provided, further, after the fiscal year 1982-83 no district shall receive annually an increase in state funds less than four-fifths of the inflationary adjustment in the base student cost specified in Section 59-20-40(1)(b). This increase shall be computed annually over and above the amount actually received from the State for the foundation program in the prior fiscal year.

Beginning July 1, 1994, no additional school district shall receive hold-harmless funds under this subsection due to decreases in student numbers or upward adjustments in the index of taxpaying ability.

(2) Notwithstanding any provisions of this chapter, any local school district may increase the local effort above the foundation program funding level as deemed necessary to meet the aspirations of the people of the district.

(3) Eighty-five percent of the funds appropriated through state and local effort for each weighted classification shall be spent in direct and indirect aid in the specific area of the program planned to serve those children who generated the funds. Districts expending less than the required eighty-five percent of the appropriated amount shall be subject to a penalty the following fiscal year in the amount equal to the difference between the amount spent and the required eighty-five percent figure.

However, this requirement shall not apply to the funds generated by children in the pupil classification `Speech Handicapped Pupils'.

(4)(a) Each school district shall pay each certified teacher or administrator an annual salary at least equal to the salary stated in the statewide minimum salary schedule for the person's experience and class. No teacher or administrator employed in the same position, over the same time period, shall receive less total salary, including any normal incremental increase, than that teacher or administrator received for the fiscal year before the implementation of this article.

(b) The state minimum salary schedule must be based on the state minimum salary schedule index in effect as of July 1, 1984. In Fiscal Year 1985, the 1.000 figure in the index is $14,172. (This figure is based on a 10.27% increase pursuant to the South Carolina Education Improvement Act of 1984.) Beginning with Fiscal Year 1986, the 1.000 figure in the index must be adjusted on a schedule to stay at the southeastern average as projected by the Division of Research and Statistical Services and provided to the Budget and Control Board and General Assembly during their deliberations on the annual appropriations bill. The southeastern average teacher salary is the average of the average teachers' salaries of the southeastern states. In projecting the southeastern average, the division shall include in the South Carolina base teacher salary all local teacher supplements and all incentive pay. Under this schedule, school districts are required to maintain local salary supplements per teacher no less than their prior fiscal level. In Fiscal Year 1986 and thereafter teacher pay raises through adjustments in the state's minimum salary schedule may be provided only to teachers who demonstrate minimum knowledge proficiency by meeting one of the following criteria:

(1) holding a valid professional certificate;

(2) having a score of 425 or greater on the Commons Examination of the National Teachers Examinations;

(3) meeting the minimum qualifying score on the appropriate area teaching examination; or

(4) meeting the minimum standards on the basic skills examinations as prescribed by the State Board of Education provided in Section 59-26-20."

I. Section 59-21-450 of the 1976 Code is amended to read:

"Section 59-21-450. Any unexpended funds or operating surplus in the Education Improvement Act Fund in any fiscal year must be allocated to the school building aid program."

TO AMEND SECTION 38-13-20, AS AMENDED, OF THE 1976 CODE, RELATING TO EXAMINATIONS OF INSURANCE COMPANIES BY THE DEPARTMENT OF INSURANCE, SO AS TO CLARIFY WHAT EXAMINATION EXPENSES AN INSURANCE COMPANY IS LIABLE FOR, TO PROVIDE LOWER EXAMINATION FEES FOR DOMESTIC INSURERS WITH LESS THAN ONE MILLION DOLLARS IN TOTAL CAPITAL AND SURPLUS AS OF DECEMBER 31, 1993, TO PROVIDE FOR APPEALS BY INSURERS OF EXAMINATION FEES, AND TO PROVIDE THAT EXAMINATION FEES MUST BE RETAINED BY THE DEPARTMENT OF INSURANCE.

Section 38-13-20(D) of the 1976 Code, as added by Act 394 of 1992, is amended to read:

"(D) When making an examination under Section 38-13-10, the commissioner may retain attorneys, appraisers, independent actuaries, independent certified public accountants, or other professionals and specialists as examiners. The cost of the retainment must be borne by the insurer which is the subject of the examination together with the expenses of the commissioner and the expenses and compensation of the commissioner's assistants. If a domestic insurer has less than one million dollars total capital and surplus as of December 31, 1993, and thereafter, then it must not be assessed the actual examination costs but shall instead pay in accordance with the examination fee schedule in effect as of July 1, 1993. If an insurer determines that its examination fees have not been assessed as provided in this section or that the fees assessed are unreasonable in relation to the examination performed, the insurer may appeal the assessments to the administrative law judge division. Examination fees must be retained by the department and are considered `other funds'."

TO AMEND SECTION 12-27-400, AS AMENDED, OF THE 1976 CODE, RELATING TO THE DISTRIBUTION AND USE OF THE ADDITIONAL GASOLINE TAX, SO AS TO REVISE THE USE, CLARIFY THE REFERENCES TO THE DEPARTMENTS OF TRANSPORTATION AND REVENUE AND TAXATION, REVISE THE REQUIREMENTS FOR AND EXPENDITURES BY COUNTY TRANSPORTATION COMMITTEES, AND PROVIDE FOR INSULATION FROM PERSONAL LIABILITY FOR THE COMMITTEES.

A. Section 12-27-400 of the 1976 Code, as last amended by Section 23, Part II, Act 164 of 1993, is further amended to read:

"Section 12-27-400. (A) The monies collected pursuant to Section 12-27-240 must be deposited with the State Treasurer and expended for purposes set forth in this section. The monies 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 Transportation. The Department of Revenue and Taxation 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 Department of Revenue and Taxation shall submit the percentage of the total represented by each county to the Department of Transportation and to each county transportation committee by the twenty-fifth day of the month following the end of the calendar quarter.

Upon request of a county transportation committee, the Department of Transportation shall continue to administer the funds allocated to the county.

(B) The funds expended must be approved by and used in furtherance of a countywide transportation plan adopted by a county transportation committee. The county 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 does not prohibit the county legislative delegation from making project recommendations to the county transportation committee. A county transportation committee may expend from the funds allocated under this section an amount not to exceed one thousand dollars for reasonable administrative expenses directly related to the activities of the committee. Administrative expenses may include costs associated with copying, mailings, public notices, correspondence, and recordkeeping but do not include the payment of per diem or salaries for members of the committee.

(C) At least twenty-five percent of a county's apportionment of `C' funds must be expended on the state highway system for construction, improvements, and maintenance. The county transportation committee, at its discretion, may expend up to seventy-five percent of `C' construction funds for activities including, but not limited to, local paving or improving county roads, for street and traffic signs, and for other paving projects. Roads constructed of rock must consist of not less than one inch nor more than two and one-half inches of rock or its equivalent.

(D) The funds allocated to the county also may be used to issue county bonds or state highway bonds as provided in subsection (J) , pay directly for appropriate projects, including engineering, contracting, and project supervision, 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 provided for in this section must be reviewed and approved by the Department of Transportation. Before the expenditure of funds by a county transportation committee, the committee shall adopt specifications for local road projects. In counties electing to expend their allocation directly pursuant to subsection (A), specifications of roads built with `C' funds are to be established by the countywide or regional transportation committee. In counties in which the county transportation committee elects to have `C' funds administered by the Department of Transportation, primary and secondary roads built using `C' funds must meet Department of Transportation specifications.

(G) This section must not be construed as affecting the plans and implementation of plans for a Statewide Surface Transportation System as developed by the Department of 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). In addition to the allocation to the counties pursuant to subsection (A) , the Department of Transportation 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) to the total excess contributions of all donor counties.

(I) In expending funds under this section, counties that provide for engineering, contracting, and project supervision shall 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 the 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) State highway bonds may be issued for the completion of projects for which `C' funds may be expended for projects as determined by the county 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 county transportation committee. The application for the bonds must be filed by the county transportation committee with the Commission of the Department of Transportation and the State Treasurer, which shall forward the application to the State Budget and Control Board. The Budget and Control Board shall consider the application in the same manner that it considers state highway bonds, mutatis mutandis.

(K) Members of the committee are insulated from all personal liability arising out of matters related directly to and within the scope of the performance of official duties and functions conferred upon the committee pursuant to this section."

B. This section takes effect July 1, 1994.

TO AMEND SECTION 12-21-2423 OF THE 1976 CODE, RELATING TO THE USE OF A PORTION OF ADMISSIONS TAX REVENUES TO FUND INFRASTRUCTURE IMPROVEMENTS AND PROVIDE AN INFRASTRUCTURE DEVELOPMENT FUND, SO AS TO EXPAND THE DEFINITIONS OF MAJOR TOURISM OR RECREATION FACILITY TO INCLUDE "DESIGNATED DEVELOPMENT AREA" AND TO DEFINE AND LIMIT THE TERRITORY OF SUCH AREAS AND PROVIDE THE REQUIRED INVESTMENT AMOUNTS APPLICABLE TO SUCH AREAS, AND TO ADD SPECIFIC CATEGORIES OF FACILITIES ELIGIBLE FOR THE DESIGNATION "MAJOR TOURISM OR RECREATION FACILITY" AND "SECONDARY SUPPORT FACILITIES" AND "ADDITIONAL INFRASTRUCTURE IMPROVEMENT"; AND TO AMEND SECTION 13-1-1720, RELATING TO THE DUTIES OF THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO GIVE THE COUNCIL AUTHORITY TO APPROVE INFRASTRUCTURE GRANTS.

A. Section 12-21-2423 of the 1976 Code, as added by Act 164 of 1993, is amended to read:

"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 Department of Revenue and Taxation 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 Department of Revenue and Taxation 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 Advisory Coordinating Council for Economic Development of the Department of Commerce 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 or predetermined formally `designated development area' 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, a golf course, or a spectator or participatory sports facility and similar establishments. Secondary support facilities such as hotels, food, and retail services located within the establishment or the designated development area 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. One or more such establishments may be included within a designated development area as part of the aggregate investment of at least twenty million dollars. The aggregate investment totaling at least twenty million dollars may include private or public sector funds or a combination of private and public sector funds. A designated development area includes, but is not limited to, a downtown or waterfront redevelopment area, a local historic district, redevelopment of a closed military facility, or a newly-designated economic development site that includes tourism or recreation facilities as described in this section. A designated development area and its boundaries must be determined in advance of the opening of the new or expanded facilities by municipal ordinance, if located in a municipality, and otherwise by county ordinance, if located in an unincorporated county area, or by more than one ordinance by municipal or county governments, or both, if it embraces areas within two or more governmental jurisdictions. The total aggregate amount of a designated development area within any municipality or county may not exceed five percent of the total acreage of the municipality or unincorporated county area. One or more designated development areas may be located within a municipality or unincorporated county area. The total acreage for all designated development areas within a municipality must not exceed ten percent of the total acreage of the municipality and the total acreage for all designated development areas within unincorporated areas of a county must not exceed ten percent of the total acreage of the county's unincorporated areas. The acreage limitations for municipalities and unincorporated county areas do not apply to designated development areas located on a closed federal military facility as defined by the Base Realignment and Closure Commission, and the acreage for a designated development area on a closed military facility are in addition to the acreage limitations applicable to any other designated development areas within the same municipality or unincorporated county area. Two or more municipal or county governments or combination of these governments may adopt ordinances to designate a `designated development area' embracing contiguous lands within two or more of the involved county-municipal entities, but the acreage for each involved municipality or county must not exceed five percent of the total acreage in each involved municipality or unincorporated county area. 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, a telephone or communications system, 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.

If an existing establishment or designated development area which includes facilities that generate admissions tax revenues is expanded with an aggregate investment in new land and new capital assets of at least twenty million dollars, the amount of admissions tax revenues to be returned to local governments for a fifteen-year period under the terms of this section is the amount in excess of the annual admissions tax revenues previously generated by the establishment or establishments within the development area. This amount is determined by using the average of the admissions tax revenues generated during the two fiscal years preceding the first year of new and expanded land and capital assets of at least twenty million dollars."

B. Section 13-1-1720 of the 1976 Code, as added by Section 248, Act 181 of 1993, is amended by adding an appropriately numbered item at the end 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, 1994, and applies to any major tourism or recreation facility as defined in Section 12-21-2423 of the 1976 Code which opened to the public after December 31, 1992.

TO AMEND THE 1976 CODE BY ADDING SECTION 11-1-45 SO AS TO PROVIDE THAT NO STATE AGENCY OR INSTRUMENTALITY OF THE STATE, EXCLUDING LOCAL POLITICAL SUBDIVISIONS, SPECIAL PURPOSE DISTRICTS, AND SPECIAL TAXING DISTRICTS, SHALL ENTER INTO SETTLEMENT OF CERTAIN LITIGATION, DISPUTES, OR CLAIMS REQUIRING THE EXPENDITURE OF MONIES APPROPRIATED OR PROVIDED FOR IN A GENERAL OR SUPPLEMENTAL APPROPRIATIONS ACT OR FROM ANY OTHER SOURCE OF PUBLIC FUNDS WITHOUT PRIOR WRITTEN APPROVAL OF THE BUDGET AND CONTROL BOARD.

The 1976 Code is amended by adding:

"Section 11-1-45. (A) No state agency or instrumentality of the State, excluding the General Assembly, Senate, House of Representatives, local political subdivisions, special purpose districts, and special taxing districts, shall enter into a settlement of any litigation, dispute, or claim over one hundred thousand dollars requiring the expenditure of monies appropriated or provided for in a general or supplemental appropriations act, or from any other source of public funds without prior written approval from the Budget and Control Board.

(B) The intent of this provision is to prevent state agencies or instrumentalities of the State, other than local political subdivisions, special purpose districts, and special taxing districts, from entering into settlements that can bind and commit the State to unreasonable funding requirements from current or future revenues of the State. In keeping with this intent, the Budget and Control Board may exempt in its discretion any entity or specific litigation matter from this provision."

TO AMEND SECTION 20-7-1440, AS AMENDED, OF THE 1976 CODE, RELATING TO FEES IN FAMILY COURT MATTERS, SO AS TO DELETE THE EXEMPTION FOR PAYING COURT FEES IN DEPENDENCY ACTIONS; TO AMEND SECTION 43-5-235, AS AMENDED, RELATING TO REIMBURSEMENT OF LOCAL ENTITIES FOR COSTS OF THE CHILD SUPPORT COLLECTION PROGRAM, SO AS TO INCLUDE PROVISIONS RELATING TO PAYMENT OF FEDERAL FINANCIAL PARTICIPATION, TO PROVIDE THAT THESE MONIES MUST BE DEPOSITED INTO A SPECIAL ACCOUNT FOR THE EXCLUSIVE USE BY THESE ENTITIES, AND TO DELETE PROVISIONS RELATING TO FORMULAS FOR REIMBURSEMENT, AND SERVICES INCLUDED FOR REIMBURSEMENT; AND TO REPEAL SECTION 20-7-1317 RELATING TO USE OF FEDERAL FUNDS BY CLERKS OF COURT FOR THE OPERATION OF WAGE WITHHOLDING FOR CHILD SUPPORT.

A. The first paragraph of Section 20-7-1440 of the 1976 Code, as last amended by Act 150 of 1991, is further amended to read:

"In delinquency, and neglect actions, no court fee may be charged against, and no witness fee is allowed to a party to a petition. No officer of this State or of a political subdivision of this State may receive a fee for the service of process or for attendance in court in the proceeding, except that in divorce proceedings the officer is allowed the fee provided by law and except when the sheriff or clerk of court has entered into a cooperative agreement with the South Carolina Department of Social Services pursuant to Title IV-D of the Social Security Act for the reimbursement of federal matching funds. All other persons acting under orders of the court may be paid for services or service of process the fees provided by law for like services in cases before the circuit court, to be paid from the appropriation provided when the allowances are certified to by the judge."

B. Section 43-5-235 of the 1976 Code, as last amended by Act 124 of 1991, is further amended to read:

"Section 43-5-235. To the extent permitted by federal law, the department may enter into annual agreements with county governments, clerks of court, sheriffs, and other law enforcement entities having jurisdiction in that county to reimburse and to pay federal financial participation and incentives pursuant to the terms of the agreement to the appropriate contracting entity for a portion of the cost of developing and implementing a child support collection and paternity determination program for:

(1) securing support for persons receiving state public assistance and reimbursement of medical assistance from the legally responsible spouse or parent of assistance recipients;

(2) establishing paternity of children born out of wedlock who are receiving aid to families with dependent children and to secure support for them;

(3) all children who have sought assistance in securing support whether or not they are eligible for aid to families with dependent children and regardless of the economic circumstances. To the extent permitted by federal law, a fiscal incentive and federal financial participation must be paid to the department and provided to the entity providing the service for the collection and enforcement of child support obligations. These monies must be paid to the appropriate county treasurer or county finance office on a monthly basis and deposited into a separate account for the entity providing the service for the exclusive use by this entity for all activities related to the establishment, collection, and enforcement of child support obligations for the fiscal year in which the payments are earned and may be drawn on and used only by the entity providing the service for which the account was established. Monies paid to the contracting entity pursuant to this section may not be used to replace operating funds of the budget of the entity providing the service. Funds in the special account not encumbered for child support activities revert to the general fund of the county at the end of the fiscal year in which they were earned. Each local entity shall enter into a support enforcement agreement with the department as a condition of receiving the fiscal incentive and federal financial participation. To the extent that fiscal incentives are paid to the department and are not owed under the agreement to the contracting entity, these fiscal incentives must be reinvested in the department's Child Support Enforcement Program to increase collections of support at the state and county levels in a manner consistent with the federal laws and regulations governing incentive payments."

C. Section 20-7-1317 of the 1976 Code is repealed.

D. This section takes effect July 1, 1994.

TO AMEND SECTION 22-3-550 AS AMENDED, OF THE 1976 CODE, RELATING TO A MAGISTRATE'S JURISDICTION OVER MINOR CRIMINAL OFFENSES, SO AS TO PROVIDE A LIMITATION ON A MAGISTRATE'S POWER TO IMPOSE CONSECUTIVE TERMS OF IMPRISONMENT.

Section 22-3-550 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:

"Section 22-3-550. Magistrates have jurisdiction of all offenses which may be subject to the penalties of a fine or forfeiture not exceeding five hundred dollars or imprisonment not exceeding thirty days and may impose any sentence within those limits, singly or in the alternative. In addition, a magistrate may order restitution he considers appropriate.

However, a magistrate shall not have the power to sentence any person to consecutive terms of imprisonment totaling more than ninety days. The provisions of this paragraph do not effect the transfer of criminal matters from the general sessions court made pursuant to Section 22-3-545."

TO REPEAL SECTION 56-1-145 OF THE 1976 CODE RELATING TO THE USE OF INCREASED MOTOR VEHICLE REGISTRATION FEES FOR ACCESS ROUTES TO DISTRESSED AREAS.

A. Section 56-1-145 of the 1976 Code is repealed.

B. This section takes effect July 1, 1994.

TO AMEND THE 1976 CODE BY ADDING SECTION 44-93-165 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL ESTABLISH AN INFECTIOUS WASTE PROGRAM FUND TO CARRY OUT THE DEPARTMENT'S RESPONSIBILITIES UNDER THE INFECTIOUS WASTE MANAGEMENT ACT; TO AMEND SECTION 44-93-160, AS AMENDED, RELATING TO FEES ON TREATMENT OF INFECTIOUS WASTE, SO AS TO ESTABLISH A UNIFORM THIRTY DOLLAR A TON FEE ON ALL WASTE AND TO REMOVE THE FEE DIFFERENTIAL BETWEEN IN-STATE AND OUT-OF-STATE WASTE; TO AMEND SECTION 44-93-170, AS AMENDED, RELATING TO THE INFECTIOUS WASTE CONTINGENCY FUND, SO AS TO PROVIDE THAT FEES REMAINING AFTER THE FUNDING OF THE INFECTIOUS WASTE PROGRAM FUND MUST BE DEPOSITED IN THE INFECTIOUS WASTE MANAGEMENT FUND.

A. The 1976 Code is amended by adding:

"Section 44-93-165. The department shall establish an Infectious Waste Program Fund to ensure the availability of funds to carry out the department's responsibilities under this chapter. This fund must be financed by the fees imposed pursuant to Section 44-93-160. From the revenue derived from the fees on infectious waste, an amount equal to eight dollars per ton must be deposited into the Infectious Waste Program Fund."

B. Section 44-93-160 of the 1976 Code, as last amended by Act 612 of 1990, Part II, Section 6A, is further amended to read:

"Section 44-93-160. (A) There is a fee on the treatment of infectious waste in this State equal to thirty dollars a ton on the pretreatment weight of infectious waste to be imposed upon facilities required to be permitted pursuant to this chapter.

(B) The owner or operator of a facility required to be permitted pursuant to this chapter treating infectious waste shall submit, not later than the tenth day of each month, to the Department of Health and Environmental Control:

(1) a report detailing the total weight of infectious waste received for treatment during the preceding month and its point of origin;

(2) a check made payable to the department for the fee due for the preceding month;

(3) in case of failure to file a return on or before the date prescribed by law or failure to pay a fee on or before the date prescribed by law, there must be added a penalty of twenty-five percent of the amount of fee due. The department may revoke a permit to operate for failure to pay any fees, penalties, or interest required by law. Upon payment the department may reinstate the permit to an operator of a permitted treatment facility treating infectious waste in this State. The penalty provided by this item may be reduced or waived by the department for reasonable cause.

(C) A person treating infectious waste who fails to remit the fee or penalty as provided by law must be charged interest at the rate of one percent a month. Interest must be calculated on the full amount of the fee or portion of it, exclusive of penalties, from the time the fee or penalty was due and paid in its entirety."

C. Section 44-93-170 of the 1976 Code, as last amended by Act 501 of 1992, Part II, Section 20a, is further amended to read:

"Section 44-93-170. The department shall establish an Infectious Waste Contingency Fund to ensure the availability of funds for response actions necessary at permitted infectious waste treatment facilities and necessary from accidents in the transportation of infectious waste and to defray the cost of governmental response actions associated with infectious waste. After funding of the Infectious Waste Program Fund, as provided for in Section 44-93-165, the Infectious Waste Contingency Fund must be financed by the remaining fees imposed pursuant to Section 44-93-160. The fees credited to the Infectious Waste Contingency Fund must be allocated as follows: an amount equal to two-thirds of the fees must be deposited into the fund and an amount equal to one-third of the fees must be held in a separate and distinct account within the fund for the purpose of being returned to each county in which the fee imposed by Section 44-93-160 is collected. When the amount of fees held in the Infectious Waste Contingency Fund meets or exceeds five million dollars, two-thirds of all subsequent fees to be credited to the Infectious Waste Contingency Fund must be remitted to the Hazardous Waste Contingency Fund established pursuant to Section 44-56-160(A) to assist in defraying the costs of governmental response actions at uncontrolled hazardous waste sites, with the remaining one-third of all subsequent fees credited to the Infectious Waste Contingency Fund continuing to be placed into a separate and distinct account for counties as provided in this section. Interest earned by the funds must be credited to the general fund of the State. Proceeds of the county account returned to a county pursuant to this section must be released by the State Treasurer upon the written request of a majority of the legislative delegation of the recipient county."

D. This section takes effect July 1, 1994.

TO AMEND CHAPTER 55, TITLE 38 OF THE 1976 CODE, RELATING TO CONDUCT OF INSURANCE BUSINESS, BY ADDING ARTICLE 5 SO AS TO ENACT THE "OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT", INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, CRIMINAL OFFENSES AND PENALTIES, CIVIL FINES, AND ESTABLISHMENT IN THE OFFICE OF THE ATTORNEY GENERAL OF A DIVISION TO BE KNOWN AS THE INSURANCE FRAUD DIVISION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 42-9-440 SO AS TO PROVIDE THAT THE WORKERS' COMPENSATION COMMISSION SHALL REPORT ALL CASES OF SUSPECTED FALSE STATEMENT OR MISREPRESENTATION, AS DEFINED IN SECTION 38-55-530, TO THE INSURANCE FRAUD DIVISION FOR INVESTIGATION AND PROSECUTION, IF WARRANTED, PURSUANT TO THE OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT.

A. Chapter 55 of Title 38 of the 1976 Code is amended by adding:

Section 38-55-510. This article is known and may be cited as the `Omnibus Insurance Fraud and Reporting Immunity Act'.

Section 38-55-520. The purpose of this article is to confront aggressively the problem of insurance fraud in South Carolina by facilitating the detection of insurance fraud; to allow reporting of suspected insurance fraud; to grant immunity for reporting suspected insurance fraud; to prescribe penalties for insurance fraud; to require restitution for victims of insurance fraud; to establish a division within the Office of the Attorney General to prosecute insurance fraud; and to require the investigation of alleged insurance fraud by State Law Enforcement Division.

Section 38-55-530. As used in this article:

(A) `Authorized agency' means any duly constituted criminal investigative department or agency of the United States or of this State; the Department of Insurance; the Department of Revenue and Taxation, Division of Motor Vehicles; the Department of Public Safety; the Workers' Compensation Commission; the Office of the Attorney General of this State; or the prosecuting attorney of any judicial circuit, county, municipality, or political subdivision of this State or of the United States, and their respective employees or personnel acting in their official capacity.

(B) `Insurer' shall have the meaning set forth in Section 38-1-20(25) and includes any authorized insurer, self-insurer, reinsurer, broker, producer, or any agent thereof.

(C) `Person' means any natural person, company, corporation, unincorporated association, partnership, professional corporation, or other legal entity and includes any applicant, policyholder, claimant, medical providers, vocational rehabilitation provider, attorney, agent, insurer, fund, or advisory organization.

(D) `False statement and misrepresentation' means a statement or representation made by a person that is false, material, made with the person's knowledge of the falsity of the statement, and made with the intent of obtaining or causing another to obtain an underserved economic advantage or benefit or made with the intent to deny or cause another to deny any benefit or payment in connection with an insurance transaction and such shall constitute fraud.

(E) `Immune' means that neither a civil action nor a criminal prosecution may arise from any action taken pursuant to this article unless actual malice on the part of the reporting person or gross negligence or reckless disregard for the rights of the reported person is present.

Section 38-55-540. Any person or insurer who makes a false statement or misrepresentation, and any other person knowingly, with an intent to injure, defraud, or deceive, who assists, abets, solicits, or conspires with such person or insurer to make a false statement or misrepresentation, is guilty of a:

(1) misdemeanor, for a first offense violation, if the amount of the economic advantage benefit received is less than one thousand dollars. Upon conviction, the person must be punished by a fine not to exceed five hundred dollars or by imprisonment not to exceed thirty days;

(2) misdemeanor, for a first offense violation, if the amount of the economic advantage benefit received is one thousand dollars or more. Upon conviction, the person must be punished by a fine not to exceed fifty thousand dollars or by imprisonment for a term not to exceed three years, or by both such fine and imprisonment;

(3) felony, for a second or subsequent violation, regardless of the amount of the economic advantage benefit received. Upon conviction, the person must be punished by a fine not to exceed fifty thousand dollars or by imprisonment for a term not to exceed ten years, or by both such fine and imprisonment.

Any person or insurer convicted under this section must be ordered to make full restitution to the victim or victims for any economic advantage or benefit which has been obtained by the person or insurer as a result of that violation.

Section 38-55-550. (A) In addition to any criminal liability, any person who is found by a court of competent jurisdiction to have violated any provision of this article, including Section 38-55-170, is subject to a civil penalty for each violation as follows:

(1) for a first offense, a fine not to exceed five thousand dollars;

(2) for a second offense, a fine of not less than five thousand dollars but not to exceed ten thousand dollars;

(3) for a third and subsequent offense, a fine of not less than ten thousand dollars but not to exceed fifteen thousand dollars.

(B) The civil penalty must be paid to the director of the Insurance Fraud Division to be used in accordance with subsection (D) of this section. The court may also award court costs and reasonable attorneys' fees to the director. When requested by the director, the Attorney General may assign one or more deputies attorneys general to assist the bureau in any civil court proceedings against the person.

(C) Nothing in subsections (A) and (B) shall be construed to prohibit the director of the Insurance Fraud Division and the person alleged to be guilty of a violation of this article from entering into a written agreement in which the person does not admit or deny the charges but consents to payment of the civil penalty. A consent agreement may not be used in a subsequent civil or criminal proceeding relating to any violation of this article.

(D) All revenues from the civil penalties imposed pursuant to this section must be used to provide funds for the costs of enforcing and administering the provisions of this article.

Section 38-55-560. (A) There is established in the office of the Attorney General a division to be known as the Insurance Fraud Division, which must prosecute violations of Sections 38-55-170 and 38-55-540 and related criminal insurance activity. Upon receipt of any claims or allegations of violations of Section 38-55-170 and 38-55-540 and related criminal insurance activity, the Attorney General shall forward the information to the State Law Enforcement Division for investigation.

(B) The Attorney General, upon receipt of any claims or allegations of violations of Sections 38-55-170 and 38-55-540 and related criminal insurance activity, is empowered to:

(1) refer the matter for investigation to the State Law Enforcement Division;

(2) prosecute persons determined to be in violation of Sections 38-55-170 and 38-55-540 and related criminal insurance activity in a court of competent jurisdiction; and

(3) collect fines and restitution ordered by the court. Where considered appropriate, the Attorney General may use the Setoff Debt Collection Act to collect fines and restitution ordered as a result of actions brought pursuant to Sections 38-55-170 and 38-55-540.

(C) The State Law Enforcement Division shall investigate thoroughly all claims or allegations of violations of Sections 38-55-170 and 38-55-540 and related criminal insurance activity received from the Attorney General pursuant to this section.

(D) The Insurance Fraud Division of the Office of Attorney General and the investigative services of the State law Enforcement Division as provided by this section must be funded by an appropriation of not less than two hundred thousand dollars annually from the general revenues of the State derived from the insurance premium taxes collected by the Department of Insurance and/or from fines assessed under Sections 38-55-170 and 38-55-540 which must be deposited in the general revenue fund to the credit of the Office of the Attorney General and the State Law Enforcement Division to offset the costs of this program; provided, that the funds generated from these fines, to be utilized by either the Office of the Attorney General or the State Law Enforcement Division shall not total more than five hundred thousand dollars. These monies must be shared equally on a fifty-fifty basis by the Office of the Attorney General and the State Law Enforcement Division, and the balance must go to the general fund of the State.

Section 38-55-570. (A) Any person, insurer, or authorized agency having reason to believe that another has made a false statement or misrepresentation or has knowledge of a suspected false statement or misrepresentation shall, for purposes of reporting and investigation, notify the Insurance Fraud Division of the Office of the Attorney General of the knowledge or belief and provide any additional information within his possession relative thereto.

(B) Upon request by the Insurance Fraud Division, any person, insurer, or authorized agency shall release to the Insurance Fraud Division any or all information relating to any suspected false statement or misrepresentation including, but not limited to:

(1) insurance policy information relevant to the investigation, including any application for such a polity;

(2) policy premium payment records, audits, or other documents which are available;

(3) history of previous claims, payments, fees, commission, service bills, or other documents which are available; and

(4) other information relating to the investigation of the suspected false statement or misrepresentation.

(C) Any authorized agency provided with or obtaining information relating to a suspected false statement or misrepresentation as provided for above may release or provide the information to any other authorized agency. The Department of Insurance, the Department of Revenue and Taxation, Motor Vehicle Division, and the Department of Public Safety shall report, but not adjudicate, all cases of suspected or reported false statement or misrepresentation to the Insurance Fraud Division of the Office of Attorney General for appropriate investigation or prosecution, or both. The Workers' Compensation Commission may refer such cases as provided in Section 42-9-440.

(D) Except as otherwise provided by law, any information furnished pursuant to this section is privileged and shall not be part of any public record. Any information or evidence furnished to an authorized agency pursuant to this section is not subject to subpoena or subpoena duces tecum in any civil or criminal proceeding unless, after reasonable notice to any person, insurer, or authorized agency which has an interest in the information and after a subsequent hearing, a court of competent jurisdiction determines that the public interest and any ongoing investigation will not be jeopardized by obedience of the subpoena or subpoena duces tecum.

Section 38-55-580. (A) A person, insurer, or authorized agency, when acting without malice or in good faith, is immune from any liability arising out of filing reports, cooperating with investigations by any authorized agency, or furnishing other information, whether written or oral, and whether in response to a request by an authorized agency or upon their own initiative, concerning any suspected, anticipated, or completed false statement or misrepresentation when such reports or information are provided to or received by any authorized agency.

(B) Nothing herein abrogates or modifies in any way common law or statutory privilege or immunity heretofore enjoyed by any person, insurer, or authorized agency.

(C) Nothing herein limits the liability of any person or insurer who, with malice or in bad faith, makes a report of suspected fraud under the provisions of this article.

Section 38-55-590. The director of the Insurance Fraud Division in the Office of the Attorney General shall annually report to the General Assembly regarding:

(A) the status of matters reported to the division, if not privileged information by law;

(B) the number of allegations or reports received;

(C) the number of matters referred to the State Law Enforcement Division for investigation;

(D) the outcome of all investigations and prosecutions under this article, if not privileged by law;

(E) the total amount of fines levied by the court and paid to or deposited by the division; and

(F) patterns and practices of fraudulent insurance transactions identified in the course of performing its duties. The director shall also periodically report this information to insurers transacting business in this State, health maintenance organizations transacting business in this State, and other persons, including the State of South Carolina, which provide benefits for health care in this State, whether these benefits are administered directly or through a third person."

B. The 1976 Code is amended by adding:

"Section 42-9-440. The commission shall report all cases of suspected false statement or misrepresentation, as defined in Section 38-55-530(D), to the Insurance Fraud Division of the Office of the Attorney General for investigation and prosecution, if warranted, pursuant to the Omnibus Insurance Fraud and Reporting Immunity Act."

C. This section takes effect July 1, 1994.

TO AMEND SECTION 9-9-10 OF THE 1976 CODE, RELATING TO DEFINITIONS FOR PURPOSES OF THE GENERAL ASSEMBLY RETIREMENT SYSTEM, SO AS TO INCREASE THE AMOUNT DEFINED AS EARNABLE COMPENSATION EFFECTIVE JANUARY 1, 1995.

A. Section 9-9-10(13) of the 1976 Code is amended to read:

"(13) `Earnable compensation' means forty times the daily rate of renumeration, plus twelve thousand dollars, of a member of the General Assembly, as from time to time in effect."

B. This section takes effect January 1, 1995.

TO AMEND THE 1976 CODE BY ADDING SECTION 12-27-12 SO AS TO PROVIDE FOR THE REDUCTION OF CERTAIN TRANSFERS FROM THE HIGHWAY FUND TO THE GENERAL FUND OF THE STATE BEGINNING WITH SUCH TRANSFERS IN FISCAL YEAR 1994-95 AND TO PROVIDE THAT EXCEPT FOR THE FISCAL YEAR 1994-95 TRANSFER, THE REVENUES IN THE HIGHWAY FUND MUST NOT BE USED FOR PURPOSES OTHER THAN THOSE PROVIDED IN CHAPTER 27 OF TITLE 12 OF THE 1976 CODE, AND TO PROVIDE THAT THIS SECTION MAY NOT BE AMENDED OR REPEALED EXCEPT BY SEPARATE LEGISLATION.

A. Article 1, Chapter 27, Title 12 of the 1976 Code is amended by adding:

"Section 12-27-12. The transfer of $8,835,066 from the Highway Fund to the general fund of the State contained in the appropriations act for Fiscal Year 1994-95 must be reduced by the amount of revenue from fees generated by Title 56 which exceed the estimate contained in the general appropriations act for Fiscal Year 1994-95 for these fees. Each year thereafter, any transfer of funds from the Highway Fund to the general fund of the State must not exceed the amount of any such transfer during the previous fiscal year and subsequently must be reduced by the amount of revenue from fees generated by Title 56 which exceed the estimate contained in that year's general appropriations act. Except for the $8,835,066 transfer contained in the general appropriations act for Fiscal Year 1994-95, the highway fund must not be used for any purposes other than the purposes provided in Chapter 27 of Title 12 as originally enacted except by separate legislation specifically for this purpose passed by a special vote of the General Assembly. This section may not be amended or repealed except by separate legislation enacted specifically for this purpose."

B. This section takes effect July 1, 1994.

TO AMEND THE 1976 CODE BY ADDING SECTION 14-1-205 SO AS TO PROVIDE THAT ALL COSTS, FEES, FINES, PENALTIES, FORFEITURES, AND OTHER REVENUE GENERATED BY THE CIRCUIT COURTS AND FAMILY COURTS MUST BE REMITTED 56 PERCENT TO THE COUNTY AND 44 PERCENT TO THE STATE AND TO PROVIDE EXCEPTIONS; BY ADDING SECTION 14-1-206 SO AS TO PROVIDE AN ASSESSMENT EQUAL TO 62 PERCENT OF A CRIMINAL FINE IMPOSED IN GENERAL SESSIONS AND FAMILY COURT AND TO PROVIDE FOR THE COLLECTION AND DISTRIBUTION OF THE ASSESSMENT; BY ADDING SECTION 14-1-207 SO AS TO PROVIDE AN ASSESSMENT EQUAL TO 88 PERCENT OF A CRIMINAL FINE IMPOSED IN MAGISTRATES' COURT AND TO PROVIDE FOR THE COLLECTION AND DISTRIBUTION OF THE ASSESSMENT; BY ADDING SECTION 14-1-208 SO AS TO PROVIDE AN ASSESSMENT EQUAL TO 52 PERCENT OF A CRIMINAL FINE IMPOSED IN MUNICIPAL COURT AND TO PROVIDE FOR THE COLLECTION AND DISTRIBUTION OF THE ASSESSMENT; BY ADDING SECTION 14-1-209 SO AS TO PROVIDE FOR THE DISTRIBUTION OF A FINE OR ASSESSMENT WHEN IT IS MADE IN INSTALLMENTS; BY ADDING SECTION 11-5-175 SO AS TO REQUIRE THE STATE TREASURER TO PROVIDE A QUARTERLY REPORT TO EACH DEPARTMENT OR AGENCY THAT RECEIVES MONEY COLLECTED PURSUANT TO SECTIONS 14-1-205, 14-1-206, 14-1-207, AND 14-1-208; AND BY ADDING SECTION 11-7-25 SO AS TO REQUIRE THE STATE AUDITOR TO EXAMINE THE BOOKS AND RECORDS OF THE COUNTY TREASURERS, MUNICIPAL TREASURERS, COUNTY CLERKS OF COURT, MAGISTRATES, AND MUNICIPAL COURTS FOR COMPLIANCE WITH SECTIONS 14-1-205, 14-1-206, 14-1-207, AND 14-1-208; TO AMEND SECTION 8-21-310, AS AMENDED, RELATING TO FEES AND COSTS GENERALLY, SO AS TO DELETE THE REQUIREMENT OF DIVIDING THE FIFTY-FIVE DOLLAR FILING FEES; TO AMEND SECTION 14-17-725, RELATING TO COLLECTION COST FOR FINES PAID ON INSTALLMENTS, SO AS TO PROVIDE FOR COLLECTING COST FOR ASSESSMENTS PAID ON INSTALLMENTS; TO AMEND SECTION 16-23-50, AS AMENDED, RELATING TO PENALTIES FOR CERTAIN WEAPONS VIOLATIONS, SO AS TO DELETE PROVISIONS PERTAINING TO REMITTANCE OF THE FINE; TO AMEND SECTION 22-3-545, RELATING TO THE TRANSFER OF CERTAIN CRIMINAL CASES FROM GENERAL SESSIONS, SO AS TO PROVIDE FOR THE DISTRIBUTION OF MONEY COLLECTED; TO AMEND SECTION 44-53-310, RELATING TO CIVIL FINES FOR VIOLATION OF REGISTRATION OF CONTROLLED SUBSTANCES, SO AS TO PROVIDE THAT FINES MUST BE REMITTED TO THE STATE TREASURER FOR DEPOSIT AND BENEFIT OF THE DEPARTMENT OF MENTAL HEALTH FOR ITS DRUG ADDICTION TREATMENT FACILITIES; TO AMEND SECTION 44-53-370, AS AMENDED, RELATING TO THE POSSESSION OF CERTAIN CONTROLLED SUBSTANCES, SO AS TO REVISE THE DISTRIBUTION OF FINES AND FORFEITURES; TO AMEND SECTION 48-1-350, RELATING TO DISPOSITION OF PENALTIES COLLECTED FOR VIOLATION OF THE POLLUTION CONTROL ACT, SO AS TO REVISE DISPOSITION OF CIVIL AND CRIMINAL PENALTIES; TO AMEND SECTION 56-1-190, RELATING TO HAVING A DRIVER'S LICENSE IN POSSESSION, SO AS TO DELETE PROVISIONS ALLOWING REDUCTION OF COURT COSTS; TO AMEND SECTION 56-3-1971, AS AMENDED, RELATING TO HANDICAP PARKING VIOLATIONS, SO AS TO DELETE THE REQUIREMENT THAT FIVE DOLLARS OF THE ASSESSMENT BE REMITTED TO THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 56-5-1520, AS AMENDED, RELATING TO FINES FOR SPEEDING, SO AS TO DELETE THE ALLOCATION OF A PORTION OF THE FINE TO THE GENERAL FUND; TO AMEND SECTION 56-5-2940, AS AMENDED, RELATING TO PENALTIES FOR DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUORS OR NARCOTIC DRUGS, SO AS TO DELETE REMITTANCE OF A PORTION OF THE FINE TO THE STATE OFFICE OF VICTIM ASSISTANCE; AND TO AMEND SECTION 56-5-2950, AS AMENDED, RELATING TO IMPLIED CONSENT TO CHEMICAL TESTS OF BREATH, BLOOD, AND URINE, SO AS TO DELETE THE FIFTY DOLLAR FEE TO DEFRAY COSTS INCURRED BY STATE LAW ENFORCEMENT DIVISION; TO REPEAL SECTIONS 14-1-210 RELATING TO THE ESTABLISHMENT OF COST OF COURT FEE TO FUND CERTAIN PROGRAMS; 14-1-212 RELATING TO THE IMPOSITION OF AN ADDITIONAL FEE IN GENERAL SESSIONS COURT; 14-1-213 RELATING TO FEES FOR CERTAIN DEFENSE OF INDIGENTS; 16-11-700(E)(6) RELATING TO ASSESSMENTS FOR LITTER VIOLATIONS; 20-7-1510 RELATING TO THE DISPOSITION OF FINES, FORFEITURES, AND OTHER REVENUES; 23-6-470 RELATING TO FINES AND BONDS FOR CRIMINAL OR TRAFFIC VIOLATIONS HAVING A SURCHARGE ADDED TO THEM TO BE USED TO FUND TRAINING PROGRAMS; 24-23-210 RELATING TO FEES ASSESSED ON PERSONS CONVICTED OF CRIMINAL OFFENSES FOR THE PURPOSE OF DEFRAYING THE COSTS OF COMMUNITY CORRECTIONS PROGRAMS; 44-53-580 RELATING TO THE DISPOSITION OF FINES; 56-1-725 RELATING TO TRAFFIC POINTS ASSESSMENT; 61-13-480 AND 61-13-490 BOTH RELATING TO DISTRIBUTION OF CERTAIN FINES AND ASSESSMENTS; AND TO PROVIDE, BEGINNING JANUARY 1, 1995, THAT EACH CLERK OF COURT, MAGISTRATE, AND MUNICIPAL COURT JUDGE MUST KEEP AN ACCOUNT OF ALL COSTS, FEES, FINES, PENALTIES, FORFEITURES, AND OTHER REVENUES GENERATED BY THE COURTS AND A SEPARATE ACCOUNT OF ALL ASSESSMENTS, TO PROVIDE FOR THE TIME REPORTS OF THIS INFORMATION MUST BE MADE, PROVIDE FOR A REVIEW OF THE REPORTS BY THE GENERAL ASSEMBLY AND ITS APPROPRIATE ACTION AFTER REVIEW.

A. The 1976 Code is amended by adding:

"Section 14-1-205. Except as provided in Sections 17-15-260, 34-11-90, 50-1-150, 50-1-170, and 56-5-4160, on January 1, 1995, 56 percent of all costs, fees, fines, penalties, forfeitures, and other revenues generated by the circuit courts and the family courts must be remitted to the county in which the proceeding is instituted and 44 percent of the revenues must be delivered to the county treasurer to be remitted monthly by the fifteenth day of each month to the State Treasurer on forms and in a manner prescribed by him. When a payment is made to the county in installments, the state's portion must be remitted to the State Treasurer by the county treasurer on a monthly basis. The 44 percent remitted to the State Treasurer must be deposited as follows:

(1) 72.93 percent to the general fund;

(2) 16.73 percent to the Department of Mental Health to be used exclusively for the treatment and rehabilitation of drug addicts within the department's addiction center facilities;

(3) 10.34 percent to the State Office of Victim Assistance under the South Carolina Victim's Compensation Fund.

In any court, when sentencing a person convicted of an offense which has proximately caused physical injury or death to the victim, the court may order the defendant to pay a restitution charge commensurate with the offense committed, not to exceed ten thousand dollars, to the Victim's Compensation Fund."

B. The 1976 Code is amended by adding:

"Section 14-1-206. (A) Beginning January 1, 1995, and continuously after that date, a person who is convicted, pleads guilty or nolo contendere to, or forfeits bond for an offense tried in general sessions or family court must pay an amount equal to sixty-two percent of the fine imposed as an assessment. This assessment must be paid to the clerk of court in the county in which the criminal judgment is rendered for remittance to the State Treasurer by the county treasurer. The assessment is based upon that portion of the fine that is not suspended and assessments must not be waived, reduced, or suspended.

(B) The county treasurer must remit the assessments to the State Treasurer on a monthly basis by the fifteenth day of each month and make reports on a form and in a manner prescribed by the State Treasurer. Assessments paid in installments must be remitted as received.

(C) The State Treasurer shall deposit the assessments as follows:

(1) 47.17 percent for programs established pursuant to Chapter 21 of Title 24 and the Shock Incarceration Program as provided in Article 13, Chapter 13 of Title 24;

(2) 16.52 percent to the Department of Public Safety program of training in the fields of law enforcement and criminal justice;

(3) .5 percent to the Department of Public Safety to defray the cost of erecting and maintaining the South Carolina Law Enforcement Hall of Fame. When funds collected pursuant to this item exceed the necessary costs and expenses of the Hall of Fame operation and maintenance as determined by the Department of Public Safety the department may retain the surplus for use in its law enforcement training programs;

(4) 16.21 percent to the Office of Indigent Defense for the defense of indigents;

(5) 13.26 percent for the State Office of Victim Assistance;

(6) 6.34 percent to the general fund."

C. The 1976 Code is amended by adding:

"Section 14-1-207. (A) Beginning January 1, 1995, and continuously after that date, a person who is convicted, pleads guilty or nolo contendere to, or forfeits bond for an offense tried in magistrates' court must pay an amount equal to 88 percent of the fine imposed as an assessment. This assessment must be paid to the magistrate and deposited as required by Section 22-1-70 in the county in which the criminal judgment is rendered for remittance to the State Treasurer by the county treasurer. The assessment is based upon that portion of the fine that is not suspended and assessments must not be waived, reduced, or suspended.

(B) The county treasurer must remit the assessments to the State Treasurer on a monthly basis by the fifteenth day of each month and make reports on a form and in a manner prescribed by the State Treasurer. Assessments paid in installments must be remitted as received.

(C) The State Treasurer shall deposit the assessments as follows:

(1) 35.12 percent for programs established pursuant to Chapter 21 of Title 24 and the Shock Incarceration Program as provided in Article 13, Chapter 13 of Title 24;

(2) 22.49 percent to the Department of Public Safety program of training in the fields of law enforcement and criminal justice;

(3) .65 percent to the Department of Public Safety to defray the cost of erecting and maintaining the South Carolina Law Enforcement Hall of Fame. When funds collected pursuant to this item exceed the necessary costs and expenses of the Hall of Fame operation and maintenance as determined by the Department of Public Safety the department may retain the surplus for use in its law enforcement training programs;

(4) 20.42 percent for the State Office of Victim Assistance;

(5) 9.94 percent to the general fund;

(6) 11.38 percent to the Office of Indigent Defense for the defense of indigents."

D. The 1976 Code is amended by adding:

"Section 14-1-208. (A) Beginning January 1, 1995, and continuously after that date, a person who is convicted, pleads guilty or nolo contendere to, or forfeits bond for an offense tried in municipal court must pay an amount equal to 52 percent of the fine imposed as an assessment. This assessment must be paid to the municipal clerk of court and deposited with the city treasurer for remittance to the State Treasurer. The assessment is based upon that portion of the fine that is not suspended and assessments must not be waived, reduced, or suspended.

(B) The city treasurer must remit the assessments to the State Treasurer on a monthly basis by the fifteenth day of each month and make reports on a form and in a manner prescribed by the State Treasurer. Assessments paid in installments must be remitted as received.

(C) The State Treasurer shall deposit the assessments as follows:

(1) 25.79 percent for programs established pursuant to Chapter 21 of Title 24 and the Shock Incarceration Program as provided in Article 13, Chapter 13 of Title 24;

(2) 25.5 percent to the Department of Public Safety program of training in the fields of law enforcement and criminal justice;

(3) .67 percent to the Department of Public Safety to defray the cost of erecting and maintaining the South Carolina Law Enforcement Hall of Fame. When funds collected pursuant to this item exceed the necessary costs and expenses of the Hall of Fame operation and maintenance as determined by the Department of Public Safety the department may retain the surplus for use in its law enforcement training programs;

(4) 19.06 percent for the State Office of Victim Assistance;

(5) 7.97 percent to the general fund;

(6) 19.38 percent to the Office of Indigent Defense for the defense of indigents;

(7) 1.63 percent to the Department of Mental Health to be used exclusively for the treatment and rehabilitation of drug addicts within the department's addiction center facilities."

E. The 1976 Code is amended by adding:

"Section 14-1-209. (A) If a payment for a fine and assessment levied in the circuit or family court is made in installments, the clerk of court must treat 62 percent of each installment as payment for a fine and distribute it pursuant to Section 14-1-205 and 38 percent of each installment as payment for an assessment and distribute it pursuant to Section 14-1-206.

(B) If a payment for a fine and assessment levied in the magistrate's court is made in installments, the magistrate must treat 47 percent of each installment as payment for an assessment and distribute it pursuant to Section 14-1-207.

(C) If a payment for a fine and assessment levied in the municipal court is made in installments, the municipal court judge must treat 40 percent of each installment as payment for an assessment and distribute it pursuant to Section 14-1-208."

F. The 1976 Code is amended by adding:

"Section 11-5-175. The State Treasurer shall report quarterly to the departments or agencies receiving monies from fines or assessments the amount received from the county treasurers and city treasurers for fines and assessments received pursuant to Sections 14-1-205, 14-1-206, 14-1-207, and 14-1-208. The State Treasurer also must include in this report the amount of money credited by the State Treasurer to the department or agency. A copy of the State Treasurer's report must be made available to the chief administrator of a county and municipality upon request."

G. The 1976 Code is amended by adding:

"Section 11-7-25. The State Auditor shall examine periodically the books, accounts, receipts, disbursements, vouchers, and records of the county treasurers, municipal treasurers, county clerks of court, magistrates, and municipal courts to report whether fines and assessments imposed pursuant to Sections 14-1-205, 14-1-206, 14-1-207, and 14-1-208 are properly collected and remitted to the State Treasurer. The State Auditor shall submit a report of findings to the State Treasurer and to the Division of Court Administration of the Judicial Department. A copy of all audits conducted by the State Auditor must be made available to the affected agency or department and the chief administrator of a county or municipality upon request.

The State Auditor, by January 15, 1995, shall prepare and submit to the House Judiciary Committee, the Senate Judiciary Committee, the House Ways and Means Committee, and the Senate Finance Committee, an Audit Plan for accomplishing the requirements of this section along with the estimated cost of implementation."

H. Section 8-21-310(11)(a) of the 1976 Code, as last amended by Section 53A, Part II, Act 171 of 1991, is further amended to read:

"(a) For filing first complaint or petition, including application for a remedial and prerogative writ and bond on attachment or other bond, in a civil action or proceeding, in a court of record, fifty-five dollars. There is no further fee for filing an amended or supplemental complaint or petition nor for filing any other paper in the same action or proceeding. An original application for postconviction relief may be filed without fee upon permission of the court to which the application is addressed. There is no further fee for entering and filing a verdict, judgment, final decree, or order of dismissal, and enrolling a judgment thereon, for signing, sealing, and issuance of execution, or for entering satisfaction or partial satisfaction on a judgment."

I. Section 14-17-725 of the 1976 Code, as added by Act 435 of 1992, is amended to read:

"Section 14-17-725. Where criminal fines, assessments, or restitution payments are paid through installments, a collection cost charge of three percent of the payment also must be collected by the clerk of court, magistrate, or municipal court from the defendant and transferred to the county treasurer or city treasurer, as appropriate, for deposit to credit of the county or municipal general fund."

J. Section 16-23-50 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:

"Section 16-23-50. (A)(1) A person, including a dealer, who violates the provisions of this article, except Section 16-23-20, is guilty of a felony and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than five years, or both.

(2) A person violating the provisions of Section 16-23-20 is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both.

(B) In addition to the penalty provided in this section, the pistol involved in the violation of this article must be confiscated. The pistol must be delivered to the chief of police of the municipality or to the sheriff of the county, if the violation occurred outside the corporate limits of a municipality. The law enforcement agencies that receive the confiscated pistols may use them within their department, transfer them to another law enforcement agency for their lawful use, transfer them to the clerk of court or mayor who shall dispose of them as provided by Section 16-23-500, or trade them with a retail dealer licensed to sell pistols in this State for a pistol or any other equipment approved by the agency. If the State Law Enforcement Division seized the pistol, it may keep it for use by its forensic laboratory. Records must be kept of all confiscated pistols received by the law enforcement agencies under the provisions of this article."

K. Section 22-3-545(E) of the 1976 Code, as added by Act 310 of 1992, is amended to read:

"(E) Notwithstanding another provision of law, all fines and assessments imposed by a magistrate or municipal judge presiding pursuant to this section must be distributed as if the fine and assessment were imposed by a circuit court pursuant to Sections 14-1-205 and 14-1-206. This section must not result in increased compensation to a magistrate presiding over a trial or hearing pursuant to this section or in other additional or increased costs to the county."

L. Section 44-53-310(b) of the 1976 Code is amended to read:

"(b) The department may place a registrant who violates this article on probation or levy a civil fine of not more than two thousand five hundred dollars, or both. Fines generated pursuant to this section must be remitted to the State Treasurer for deposit to the benefit of the Department of Mental Health to be used exclusively for the treatment and rehabilitation of drug addicts within the department's addiction center facilities."

M. The first paragraph of Section 44-53-370(d)(3) of the 1976 Code, as last amended by Section 237, Act 184 of 1993, is further amended to read:

"(3) possession of more than ten grains of cocaine, one hundred milligrams of alpha- or beta-eucaine, four grains of opium, four grains of morphine, two grains of heroin, one hundred milligrams of isonipecaine, twenty-eight grams or one ounce of marijuana, ten grams of hashish or more than fifty micrograms of lysergic acid diethylamide (LSD) or its compounds is prima facie guilty of violation of subsection (a) of this section. A person who violates this subsection with respect to twenty-eight grams or one ounce or less of marijuana or ten grams or less of hashish is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than thirty days or fined not less than one hundred dollars nor more than two hundred dollars. Conditional discharge may be granted in accordance with the provisions of Section 44-53-450 upon approval by the circuit solicitor to the magistrate or municipal judge. As a part of a sentence, a magistrate or municipal judge may require attendance at an approved drug abuse program. Persons charged with the offense of possession of marijuana or hashish under this item may be permitted to enter the pretrial intervention program under the provisions of Act 360 of 1980 (Sections 17-22-10 through 17-22-160). For a second or subsequent offense, the offender is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined not less than two hundred dollars nor more than one thousand dollars, or both."

N. The last paragraph of Section 44-53-370(d)(3) of the 1976 Code, as last amended by Section 237, Act 184 of 1993, is further amended to read:

"When a person is charged under this subsection for possession of controlled substances, bail shall not exceed the amount of the fine and the assessment provided pursuant to Section 14-1-206, 14-1-207, or 14-1-208, whichever is applicable. A person charged under this item for a first offense for possession of controlled substances may forfeit bail by nonappearance. Upon forfeiture in general sessions court, the fine portion of the bail must be distributed as provided in Section 14-1-205. The assessment portion of the bail must be distributed as provided in Section 14-1-206, 14-1-207, or 14-1-208, whichever is applicable."

O. Section 48-1-350 of the 1976 Code is amended to read:

"Section 48-1-350. All penalties assessed under this chapter are held as a debt payable to the State by the person against whom they have been charged and constitute a lien against the property of the person. One-half of the civil penalties collected inure to the benefit of the county. The criminal penalties collected pursuant to Section 48-1-320 must be collected and distributed pursuant to Section 14-1-205."

P. Section 56-1-190 of the 1976 Code, as last amended by Act 134 of 1993, is further amended to read:

"Section 56-1-190. A licensee shall have his license in his immediate possession at all times when operating a motor vehicle and shall display it upon demand of an officer or agent of the department or a law enforcement officer of the State. No points pursuant to Section 56-1-720 may be assessed. No points for insurance merit rating system and recoupment purposes may be assessed."

Q. Section 56-3-1971 of the 1976 Code, as last amended by Section 1377, Act 181 of 1993, is further amended to read:

"Section 56-3-1971. All law enforcement officers issuing tickets on public and private property and state law enforcement division licensed security officers of shopping centers and business and commercial establishments, which provide parking spaces designated for handicapped persons, are authorized to issue a uniform parking violations ticket to the vehicle for violations of the prescribed use of the parking spaces. The uniform parking violations ticket shall provide a means for tracking violators by tag number and recording the violations with the division of motor vehicles.

The procedures governing the issuance, form, and content of the uniform parking violations ticket must be prescribed by the Department of Public Safety and approved by the Attorney General."

R. Section 56-5-1520(f) of the 1976 Code, as last amended by Section 1404, Act 181 of 1993, is further amended to read:

"(f) In expending the funds credited to the state general fund from fines generated under subsection (d), the department first shall consider the need for additional highway patrolmen."

S. The second paragraph of Section 56-5-2940 of the 1976 Code is amended to read:

"No part of the minimum sentences provided in this section must be suspended. The court may provide instead of service other sentences provided in this section. For a third or subsequent offense or for a violation of Section 56-5-2945 for great bodily injury the service of the minimum sentence is mandatory. However, the judge may provide for the sentence to be served upon terms and conditions as he considers proper including, but not limited to, weekend service or nighttime service in any fashion he considers necessary."

T. Section 56-5-2950(a) of the 1976 Code is amended to read:

"(a) A person who operates a motor vehicle in this State is considered to have given consent to chemical tests of his breath, blood, or urine for the purpose of determining the presence of alcohol or drugs if arrested for an offense arising out of acts alleged to have been committed while the person was operating a motor vehicle while under the influence of alcohol, drugs, or a combination of them. A test must be administered at the direction of a law enforcement officer who has apprehended a person for operating a motor vehicle in this State while under the influence of alcohol, drugs, or a combination of them. At the direction of the arresting officer the person first must be offered a breath test to determine the alcohol concentration of his blood. If the person is physically unable to provide an acceptable breath sample because he has an injured mouth, is unconscious, dead, or for another reason considered acceptable by the licensed medical personnel, a blood sample may be taken. If the officer has reasonable grounds to believe that the person is under the influence of drugs other than alcohol, the officer may order that a urine sample be taken for testing. If the breathalyzer reading is ten one-hundredths of one percent by weight of alcohol in the person's blood or above, the officer may not require additional tests of the person as provided in this chapter. The breath test must be administered by a person trained and certified by SLED, using methods approved by SLED. The arresting officer may not administer the tests. Blood and urine samples must be taken by physicians licensed by the State Board of Medical Examiners, registered nurses licensed by the State Board of Nursing, and other medical personnel trained to take the samples in a licensed medical facility. Blood samples or urine samples must be obtained and handled in accordance with procedures approved by SLED. No tests may be administered or samples taken unless the person has been informed that he does not have to take the test or give the samples but that his privilege to drive must be suspended or denied for ninety days if he refuses to submit to the tests. A hospital, physician, qualified technician, chemist, or registered nurse who takes the samples or conducts the test or participates in the process of taking the samples or conducting the test in accordance with this section is not subject to a cause of action for assault, battery, or another cause contending that the drawing of blood or taking samples at the request of the arrested person or a law enforcement officer was wrongful. This release from liability does not reduce the standard of medical care required of the person taking the samples or conducting the test. This qualified release also applies to the employer of the person who conducts the test or takes the samples.

The person tested or giving samples for testing may have a qualified person of his own choosing conduct additional tests at his expense and must be notified of that right. A person's failure to request additional blood or urine tests is not admissible against the person in the criminal trial. The failure or inability of the person tested to obtain additional tests does not preclude the admission of evidence relating to the tests or samples taken at the direction of the law enforcement officer.

The arresting officer shall provide reasonable assistance to the person to contact a qualified person to conduct additional tests.

SLED shall administer the provisions of this subsection and may make regulations necessary to carry out its provisions. The costs of the tests administered at the direction of the law enforcement officer must be paid from the general fund of the State.

A qualified person who obtains samples or administers the tests or assists in obtaining samples or administration of tests at the direction of a law enforcement officer is released from civil and criminal liability unless the obtaining of samples or tests is performed in a negligent manner. No person may be required by the arresting officer, or by another law enforcement officer, to obtain or take any sample of blood or urine."

U. Sections 14-1-210, 14-1-212, 14-1-213, 16-11-700(E)(6), 20-7-1510, 23-6-470, 24-23-210, 44-53-580, 56-1-725, 61-13-480, and 61-13-490 of the 1976 Code are repealed.

V. In addition to other provisions of law, beginning January 1, 1995, each clerk of court, magistrate, and municipal court judge must keep an account of all costs, fees, fines, penalties, forfeitures, and other revenues generated by the courts as well as a separate account of all assessments generated by the courts. The accounts for the period of January 1, 1995, to April 1, 1995, must be submitted in writing to the General Assembly and to Court Administration no later than April 15, 1995, on a form prescribed by the Division of Court Administration of the Judicial Department.

No later than April 15, 1995, the State Treasurer must forward to the General Assembly and to Court Administration an account of all revenue and assessments received pursuant to this act between January 1, 1995, and April 1, 1995.

Upon receipt of the reports, the General Assembly shall review the data and make a determination as to whether or not the amount of revenue and assessments collected and distributed to each recipient agency and governmental entity pursuant to this act, annualized, is approximately equal to or greater than the amount of revenue and assessments collected and distributed to each recipient agency and governmental entity the previous calendar year. If a determination is made by the General Assembly that any recipient agency or governmental entity is receiving less revenue under the provisions of this act than the previous calendar year, the General Assembly, by legislation, shall adjust the appropriate percentages contained in this act to ensure that each recipient agency and governmental entity receives the share of revenue to which it is entitled.

W. Regardless of when the costs, fees, fines, penalties, forfeitures, other revenues, and assessments were imposed, if the revenue from these costs, fees, fines, penalties, forfeitures, other revenues, and assessments are received by the State Treasurer beginning on January 1, 1995, it must be disbursed pursuant to Sections 14-1-205, 14-1-206, 14-1-207, and 14-1-208.

X. This section takes effect January 1, 1995.

TO AMEND SECTION 56-3-2320, AS AMENDED, OF THE 1976 CODE, RELATING TO DEALER AND WHOLESALER LICENSE PLATES, SO AS TO PROVIDE FOR THE SECTION TO APPLY TO VEHICLES LOANED TO DEALERS FOR TEST DRIVING PURPOSES, REVISE THE SALE REQUIREMENT AND THE NUMBER OF AUTHORIZED PLATES, DELETE THE PROVISION FOR THE COST OF THE PLATES, PROVIDE FOR THE DEFINITION OF SALE, PROHIBIT MULTIPLE TRANSFERS, PROVIDE FOR EDUCATION LICENSE PLATES, DELETE THE REFERENCES TO "FRANCHISED" AS IT APPLIES TO DEALERS SELLING HEAVY DUTY TRUCKS AT RETAIL, AND DEFINE HEAVY DUTY TRUCKS; TO AMEND SECTION 56-3-2350, AS AMENDED, RELATING TO SPECIAL MOTOR VEHICLE REGISTRATION, SO AS TO REVISE THE REQUIREMENTS FOR TRANSPORTER PLATES; TO AMEND THE 1976 CODE BY ADDING SECTION 12-37-2721 SO AS TO PROVIDE FOR EXEMPTIONS FROM THE MOTOR VEHICLE TAX; AND TO AMEND SECTION 12-36-90, AS AMENDED, RELATING TO THE DEFINITION OF GROSS PROCEEDS OF SALES, AND SECTION 12-36-110, AS AMENDED, RELATING TO THE DEFINITION OF RETAIL SALES, SO AS TO INCLUDE EDUCATION LICENSE PLATES.

A. Section 56-3-2320 of the 1976 Code, as last amended by Section 105B, Part II, Act 164 of 1993, 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 other provisions of this chapter to the contrary, may be used exclusively on motor vehicles owned by, assigned, or loaned for test driving purposes 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 shall provide the prospective purchaser with a dated demonstration certificate. The certificate must be approved by the department. Dealer plates must 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 twenty 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. For purposes of this section, the transfer of ownership of a motor vehicle between the same individual or corporation more than one time is considered as only one sale. Multiple transfer of motor vehicles between licensed dealers for the purpose of meeting eligibility requirements for motor vehicle dealer plates is prohibited. A dealer may be issued two plates for the first twenty vehicles sold during the preceding year and one additional plate for each fifteen vehicles sold beyond the initial twenty 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. Upon application to the department, a public or private school, college, or university may be issued an education license plate to be used on vehicles loaned or rented to the school, college, or university by a licensed motor vehicle dealer. The plate must be a personalized plate designed by the department. The cost of each plate issued is two hundred dollars, of which one hundred sixty dollars must be remitted by the department to the county in which the school, college, or university is located. Each plate is valid for two years, and there is no limit on the number of plates which may be issued. Notwithstanding the provisions of this section, a dealer exclusively selling heavy duty trucks at retail 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. For purposes of this section, heavy duty trucks include trucks having a gross vehicle weight of sixteen thousand pounds or greater.

(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 not more than 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 mail a copy of the certificate to the department within twenty-four hours after it is issued to the buyer."

B. Section 56-3-2350 of the 1976 Code, as last amended to Section 105C, Part II, Act 164 of 1993, is further amended to read:

"Section 56-3-2350. 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) The 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 the applicant as follows:

(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 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."

C. The 1976 Code is amended by adding:

"Section 12-37-2721. The provisions of this article do not apply to motor vehicles owned and licensed by motor vehicle dealers and operated on the highway with education license plates pursuant to Section 56-3-2320."

D. Section 12-36-90(2)(e) of the 1976 Code, as added by Section 105D., Part II, Act 164 of 1993, is amended to read:

"(e) a motor vehicle operated with a dealer, a transporter, or an education license plate and used in accordance with the provisions of Section 56-3-2320;"

E. Section 12-36-110(1)(c)(v) of the 1976 Code, as added by Section 105E., Part II, Act 164 of 1993, is amended to read:

"(v) a motor vehicle operated with a dealer, a transporter, or an education license plate and used in accordance with the provisions of Section 56-3-2320;"

F. This section takes effect January 1, 1994. Persons who have purchased a dealer license plate pursuant to Section 56-3-2320 of the 1976 Code for three hundred dollars before it was amended in this section must be reimbursed two hundred eighty dollars from the county to which that amount was remitted pursuant to this section.

TO AMEND THE 1976 CODE BY ADDING SECTION 2-19-15 SO AS TO PROVIDE THAT FOR ANY OFFICE FILLED BY ELECTION OF THE GENERAL ASSEMBLY FOR WHICH SCREENING IS REQUIRED, EXCEPT FOR THE JUDICIARY, THE JOINT COMMITTEE MAY NOT ACCEPT NOTICES OF INTENTION TO SEEK SUCH OFFICE FROM ANY CANDIDATE UNTIL CERTAIN NOTICES RELATING TO THE POSITION VACANCY ARE PUBLISHED OR PROVIDED, AND TO PROVIDE THAT THE COST OF SUCH NOTICES SHALL BE ABSORBED AND PAID FROM THE APPROVED ACCOUNTS OF BOTH HOUSES AS CONTAINED IN THE ANNUAL GENERAL APPROPRIATIONS ACT.

The 1976 Code is amended by adding:

"Section 2-19-15. For any office filled by election of the General Assembly for which screening is required pursuant to this chapter, except for judicial offices, the joint committee may not accept a notice of intention to seek such office from any candidate as provided by Section 2-19-10, until the clerk of the House or Senate, as appropriate, has certified that the proper notices required by this section have been published or provided or until the time for the publication of such notices has expired.

(1) If the office to be filled is from the State at large, a notice of the position vacancy must be forwarded to three newspapers of general circulation in the State with a request that it be published at least once a week for four consecutive weeks. If the office to be filled is from a congressional district, judicial circuit, or other area of this State less than the State at large, a notice of the position vacancy must be forwarded to three newspapers of general circulation in that district, circuit, or area with a request that it be published at least once a week for four consecutive weeks.

(2) Notices of the position vacancy also must be furnished, on or before the date of the first newspaper publication provided in item (1), in writing to any person who has informed the committee that he desires to be notified of same.

(3) If the office to be filled is from a congressional district, judicial circuit, or other area of the State but not from the State at large, notices of the position vacancy also must be provided to each member of the General Assembly representing a portion of that district, circuit, or area. If it is a position filled from the state at large, each member of the General Assembly shall receive such notice.

(4) The cost of the notification process required by this section must be absorbed and paid from the approved accounts of both houses as contained in the annual general appropriations act.

Nothing in this section prevents the joint committee from providing notices other than those required by this section which the committee believes are appropriate."

TO AMEND SECTION 12-21-2720, AS AMENDED, OF THE 1976 CODE, RELATING TO LICENSE FEES FOR COIN-OPERATED DEVICES, SO AS TO PROHIBIT THE LICENSING OF VIDEO GAMES WITH A FREE PLAY FEATURE OPERATED IN A WATERCRAFT OR VESSEL PLYING THE TERRITORIAL WATERS OF THIS STATE.

Section 12-21-2720 of the 1976 Code is amended by adding an appropriately lettered subsection to read:

"( ) The department shall not issue a license for the operation of a video game with a free play feature which is located or intended to be located on a watercraft or vessel plying the territorial waters of this State."

TO PROVIDE THAT FUNDS REIMBURSED TO NONFEDERAL PROJECT SPONSORS UNDER THE TERMS OF A LOCAL COOPERATIVE AGREEMENT WITH THE ARMY CORPS OF ENGINEERS FOR A FEDERALLY COST-SHARED BEACH RENOURISHMENT PROJECT MUST BE REFUNDED BY THE NONFEDERAL SPONSOR TO THE STATE WITH THE STATE AND NONFEDERAL SPONSOR SHARING IN THE REIMBURSEMENT IN THE SAME RATIO AS EACH CONTRIBUTED TO THE NONFEDERAL MATCH AND TO PROVIDE THAT COASTAL COUNCIL DIVISION OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL ADMINISTER THESE FUNDS.

A. Any funds reimbursed to nonfederal project sponsors under the terms of a Local Cooperative Agreement (LCA) with the Army Corps of Engineers for a federally cost-shared beach renourishment project, where the reimbursement is for credit to the nonfederal sponsor for federally approved effort and expenditures toward the nonfederal project sponsor obligations detailed in the LCA and where the State has provided funding to the nonfederal sponsor to meet the financial cost-sharing responsibilities under the LCA, must be refunded by the nonfederal sponsor to the State with the State and the nonfederal sponsor sharing in this reimbursement in the same ratio as each contributed to the total nonfederal match specified in the LCA. The Coastal Division of the South Carolina Department of Health and Environmental Control shall administer these funds and make these funds available to other beach renourishment projects.

B. This section takes effect July 1, 1994.

TO AMEND SECTION 1-11-720, AS AMENDED, OF THE 1976 CODE, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO INCLUDE SPECIAL PURPOSE DISTRICTS THAT PROVIDE RECREATION OR HOSPITAL SERVICES AND MUNICIPALITIES AND TO PROVIDE ADDITIONAL REQUIREMENTS ON PARTICIPATION FOR ALL LOCAL GOVERNMENT ENTITIES PARTICIPATING IN THE STATE PLANS.

A. Section 1-11-720(A)(7) of the 1976 Code, as added by Act 364 of 1992, is amended to read:

"(7) special purpose districts created by act of the General Assembly that provide gas, water, sewer, recreation, or hospital service, or any combination of these services;

(8) municipalities."

B. Section 1-11-720(B) of the 1976 Code, as added by Act 364 of 1992, is amended to read:

"(B) To be eligible to participate in the state health and dental insurance plans, the entities listed in subsection (A) shall comply with the requirements established by the State Budget and Control Board, and the benefits provided must be the same benefits provided to state and school district employees. These entities must agree to participate for a minimum of four years and the board may adjust the premiums during the coverage period based on experience. An entity which withdraws from participation may not subsequently rejoin during the first four years after the withdrawal date."

TO AMEND THE 1976 CODE BY ADDING SECTION 24-13-80 SO AS TO PROVIDE FOR CERTAIN DEDUCTIONS FROM AN INMATE'S ACCOUNT FOR DESTRUCTION OF PROPERTY, MEDICAL TREATMENT, AND OTHER CAUSES, AND TO PROVIDE CERTAIN EXCEPTIONS FOR MEDICAL COSTS, PROVIDE FOR REIMBURSEMENT OF SUMS COLLECTED FOR MEDICAL TREATMENT UNDER CERTAIN CONDITIONS, AND TO REQUIRE THE DETENTION FACILITY TO INITIATE AN ACTION FOR COLLECTION OF RECOVERY OF MEDICAL COSTS UNDER CERTAIN CIRCUMSTANCES.

A. The 1976 Code is amended by adding:

"Section 24-13-80. (A) As used in this section:

(1) `Detention facility' means a municipal or county jail or state correctional facility used for the detention of persons charged with or convicted of either a felony, a misdemeanor, or a municipal offense.

(2) `Inmate' means a person who is detained in a detention facility by reason of being charged with or convicted of a felony, a misdemeanor, or a municipal offense.

(3) `Medical treatment' means each visit initiated by the inmate to an institutional physician; physician's extender, including a physician's assistant or a nurse practitioner; dentist; optometrist; or psychiatrist for examination or treatment.

(4) `Officer in charge' means the sheriff, if the detention facility is under his supervision, or the warden or superintendent having the supervision of another detention facility.

(B) The officer in charge may establish, by rules, criteria for a reasonable deduction from money credited to the account of an inmate to:

(1) repay the costs of:

(a) public property wilfully damaged or destroyed by the inmate during his incarceration;

(b) medical treatment for injuries inflicted by the inmate upon himself or others;

(c) searching for and apprehending the inmate when he escapes or attempts to escape, the costs to be limited to those extraordinary costs incurred as a consequence of the escape; or

(d) quelling a riot or other disturbance in which the inmate is unlawfully involved.

(2) defray the costs paid by a municipality or county for medical treatment for an inmate, which medical treatment has been requested by the inmate, provided that the deduction from money credited to the account of an inmate does not exceed five dollars for each occurrence of treatment received by the inmate at the inmate's request. If the balance in an inmate's account is five dollars or less, the fee must not be charged.

The provisions of this item do not apply to medical costs incurred as a result of injuries sustained by an inmate or other medically necessary treatment for which that inmate is determined not to be responsible.

(C) All sums collected for medical treatment must be reimbursed to the inmate if the inmate is acquitted or otherwise exonerated of all charges for which the inmate was being held.

(D) The detention facility must initiate an action for collection of recovery of medical costs incurred pursuant to this section against an inmate upon his release or his estate if the inmate was executed or died while in the custody of the detention facility."

B. This section takes effect July 1, 1994.

TO AMEND SECTION 12-36-2120, AS AMENDED, OF THE 1976 CODE RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT FROM SALES TAX FOOD STUFFS FOR THE HOMELESS OR NEEDY THAT ARE SOLD TO NONPROFIT ORGANIZATIONS OR SUBSEQUENTLY SOLD OR DONATED BY ONE NONPROFIT ORGANIZATION TO ANOTHER NONPROFIT ORGANIZATION.

A. Section 12-36-2120(10) of the 1976 Code, as added by Act 612 of 1990, is amended by adding:

"(c) food stuffs, either prepared or packaged for the homeless or needy that are sold to nonprofit organizations, or food stuffs that are subsequently sold or donated by a nonprofit organization to another nonprofit organization. This subitem is only applicable to food stuffs which are eligible for purchase under the USDA food stamp program;"

B. This section takes effect July 1, 1994.

TO AMEND TITLE 44 OF THE 1976 CODE BY ADDING CHAPTER 39 SO AS TO CREATE THE DIABETES INITIATIVE OF SOUTH CAROLINA BOARD AND TO PROVIDE FOR ITS PURPOSE AND DUTIES; TO ESTABLISH A DIABETES CENTER OF EXCELLENCE AND THE DIABETES OUTREACH COUNCIL AT THE MEDICAL UNIVERSITY OF SOUTH CAROLINA AND TO PROVIDE FOR THEIR POWERS, DUTIES, AND FUNCTIONS.

A. Title 44 of the 1976 Code is amended by adding:

Section 44-39-10. This chapter may be cited as the `Diabetes Initiative of South Carolina Act'.

Section 44-39-20. (A) There is established within the Medical University of South Carolina the Diabetes Initiative of South Carolina Board. The purpose of this board is to establish a statewide program of education, surveillance, clinical research, and translation of new diabetes treatment methods to serve the needs of South Carolina residents with diabetes mellitus. The provisions of this chapter and the initiatives undertaken by the board supplement and do not supplant existing programs and services provided to this population.

(B) The board consists of:

(1) the following officials or their designees;

(a) the President of the Medical University of South Carolina;

(b) the Director of the Department of Health and Environmental Control;

(c) the Director of the State Department of Health and Human Services;

(d) the President of the South Carolina Medical Association;

(e) the President of the South Carolina Affiliate of the American Diabetes Association;

(f) the President of the American Association of Diabetes Educators;

(g) the President of the South Carolina Academy of Family Physicians;

(h) the head of the Office of Minority Health in the Department of Health and Environmental Control;

(i) Governor of South Carolina Chapter of the American College of Physicians;

(2) a representative of the Governor's office, to be appointed by the Governor;

(3) a member of the Joint Legislative Committee on Health Care Planning and Oversight, to be appointed by the chairman;

(4) four representatives appointed by the President of the Medical University of South Carolina for terms of four years, two of whom must be from the general public and one each from the Centers of Excellence Advisory Committees, all of whom must be persons knowledgeable about diabetes and its complications and whose term of office is four years.

(C) A vacancy on the board must be filled for the remainder of the unexpired term in the manner of original appointment.

(D) The board shall elect from its members a chair for a term of two years.

(E) The board shall meet at least quarterly or more frequently upon the call of the chairman. Members of the board not employed by the State or its political subdivisions shall receive per diem, subsistence, and mileage as provided by law for members of state boards, commissions, and committees while engaged in the work of the board.

Section 44-39-30. The powers and duties of the Diabetes Initiative of South Carolina Board are to:

(1) annually assess the effects of diabetes mellitus in South Carolina, and the status of education, clinical research, and translation of new diabetes treatment methods in South Carolina;

(2) oversee all operations of the Center of Excellence Advisory Committees, and the Diabetes Outreach Council including:

(a) reviewing annual reports;

(b) establishing annual budgets;

(c) setting annual priorities;

(3) make annual budget requests to the General Assembly to support the activities of the Diabetes Initiative of South Carolina Board;

(4) conduct diabetes surveillance activities including:

(a) obtaining data and maintaining a statewide data base

(b) analyzing data and reviewing trends on mortality and morbidity in diabetes;

(c) developing means to and disseminating important data to professionals and the public;

(d) developing proposals for grant funding.

(5) submit an annual report to the Governor and the General Assembly;

(6) other activities necessary to carry out the provisions of this chapter.

Section 44-39-40. (A) A Diabetes Center of Excellence is established at the Medical University of South Carolina. The center shall develop and implement programs of professional education, specialized care, and clinical research in diabetes and its complications, in accordance with priorities established by the Diabetes Initiative of South Carolina Board. The Center of Excellence must submit an annual report to the Diabetes Initiative of South Carolina Board.

(B) The activities of the center must be overseen and directed by the Center of Excellence Advisory Committee. The council consists of members appointed by the president of the Medical University of South Carolina. The functions of the council include:

(1) reviewing programs in professional education, specialized care, and clinical research developed by the Center;

(2) assisting in the development of proposals for grant funding for the center's activities;

(3) preparing an annual report and budget proposal for submission to the Diabetes Initiative of South Carolina Board.

Section 44-39-50. (A) There is created in the Medical University of South Carolina the Diabetes Outreach Council with three members appointed by the president of the university.

(B) The Diabetes Outreach Council shall oversee and direct efforts in patient education and primary care including:

(1) promoting adherence to national standards of education and care;

(2) ongoing assessment of patient care costs and reimbursement issues for persons with diabetes in South Carolina;

(3) preparing an annual report and budget proposal for submission to the Diabetes Initiative of South Carolina Board."

B. This section takes effect July 1, 1994.

TO CHANGE THE PROJECTS IDENTIFIED IN THE SENIOR CITIZENS CENTER SURVEY PUBLISHED BY THE COMMISSION ON AGING IN OCTOBER, 1989, AND UPDATED AUGUST 1, 1990, AND REFERENCED IN SUBSECTION (B)(1) OF SECTION 32, PART II, ACT 171 OF 1991, BY CREATING PRIORITY NUMBERS 2 AND 2A FOR FUNDING WITH STATE MONIES AS THE SENIOR CENTERS IN MONCKS CORNER AND GOOSE CREEK LOCATED IN BERKELEY COUNTY, BOTH PROJECTS FOR PLAN YEAR 1991-92 AND TO AUTHORIZE THE EXPENDITURE OF UP TO ONE THOUSAND DOLLARS BY THE OFFICE OF THE GOVERNOR, DIVISION OF AGING, IN ADMINISTERING THE REDESIGNATION OF PRIORITIES AND PROVIDE THAT THE STATE BUDGET AND CONTROL BOARD AND THE JOINT BOND REVIEW COMMITTEE MUST APPROVE THE EXPENDITURE OF FUNDS AUTHORIZED BY THIS SECTION.

A. The project identified in the Senior Citizens Survey published by the Commission on Aging in October, 1989, updated August, 1990, and referenced in Subsection (B)(1) of Section 32, Part II, Act 171 of 1991, is changed to replace Priority Number 2 which was a Senior Center located in Berkeley County, with state funds of $300,000. The two new projects are a Senior Center located in Moncks Corner in Berkeley County with state funds of $104,000 and is designated as Priority Number 2 and a Senior Center in Goose Creek located in Berkeley County with state funds of $196,000 and is designated as Priority Number 2A, both projects for Plan Year 1991-92.

B. In administering the funds referenced in paragraph A. of this section, the Office of the Governor, Division of Aging, is authorized to expend from funds appropriated for other operating expenses Section 6-C, line 11 such sums as may be necessary, not to exceed $1,000 from sums otherwise appropriated to facilitate the redesignation of priorities provided for in paragraph A.

C. Before any funds are expended pursuant to the authorization provided in this section, the expenditure must be approved by the State Budget and Control Board and the Joint Bond Review Committee.

TO AMEND SECTION 12-9-310, AS AMENDED, OF THE 1976 CODE, RELATING TO INCOME AND AMOUNTS SUBJECT TO WITHHOLDING FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO REVISE THE WITHHOLDING REQUIREMENTS FOR PAYMENTS OF RENTALS AND ROYALTIES TO NONRESIDENTS, PRIZES AND AWARDS TO RESIDENTS AND NONRESIDENTS, AND CONTRACTUAL PAYMENTS TO NONRESIDENTS FOR CONDUCTING BUSINESS OR PERFORMING PERSONAL SERVICES TEMPORARILY IN THIS STATE, REVISE THRESHOLD WITHHOLDING REQUIREMENTS AND ALLOW EXEMPTION FROM WITHHOLDING BY ENTITIES REGISTERING WITH THE SECRETARY OF STATE OR DEPARTMENT OF REVENUE AND TAXATION AGREEING TO THE JURISDICTION OF THE DEPARTMENT AND THE COURTS OF THIS STATE TO DETERMINE TAX LIABILITY, TO RELIEVE THE PAYOR OF THE REQUIREMENT TO WITHHOLD WHEN THE PAYEE PROVIDES AN AFFIDAVIT STATING THAT THE PAYEE IS REGISTERED, AND TO PROVIDE FOR THE REVOCATION OF THE REGISTRATION EXEMPTION; AND TO AMEND SECTIONS 33-15-105 AND 33-42-1620, RELATING TO THE CERTIFICATE OF AUTHORITY OF A FOREIGN CORPORATION TO TRANSACT BUSINESS IN THIS STATE AND THE REGISTRATION OF A FOREIGN LIMITED PARTNERSHIP TO TRANSACT BUSINESS IN THIS STATE, SO AS TO CONFORM THESE PROVISIONS TO THE REVISED WITHHOLDING PROVISIONS OF THIS SECTION.

A. Items (2) and (3) of Section 12-9-310(A) of the 1976 Code, as last amended by Section 121, Act 181 of 1993, are further amended to read:

"(2) (a) making payments of prizes or winnings of five hundred dollars or more to a resident or nonresident, shall withhold seven percent of the total amount of each payment. The provisions of this subitem do not apply to participants in spectator sporting events for which an admission is charged.

(b) making payments to a nonresident of rentals or royalties at the rate of twelve hundred dollars or more a year for the use of or for the privilege of using property in this State, shall withhold seven percent of the total amount of each payment to a person who is not a corporation, and five percent to each corporation. The rental of residential housing units, when four or fewer units are owned by a nonresident, is not subject to withholding under this section. An individual who pays rent directly to a nonresident solely for an apartment which is his legal residence is not required to withhold under this section. This subitem does not apply to a nonresident which has registered with the Secretary of State or the Department of Revenue and Taxation and by that registration has agreed to be subject to the jurisdiction of the department and the courts of this State to determine its South Carolina tax liability, including estimated taxes, together with any related interest and penalties, if any. Registering with the Secretary of State or the department is not an admission of tax liability. If the person renting from or having a royalty contract with a nonresident obtains an affidavit from the nonresident stating that the nonresident is registered with the department or with the Secretary of State, the person is not responsible for the withholding.

The department may revoke the exemption granted by the registration provided in this item if it determines that the nonresident taxpayer is not cooperating with the department in the determination of the nonresident taxpayer's correct South Carolina tax liability. The revocation does not revive the duty of a person renting from or having a royalty contract with a nonresident to withhold until the person receives notice of the revocation.

(3) hiring or contracting or having a contract with a nonresident taxpayer conducting a business or performing services of a temporary nature within this State, where payment under the contract exceeds ten thousand dollars or reasonably could be expected to exceed ten thousand dollars during any one calendar year, must withhold two percent of each payment made to these nonresidents. This item does not apply to a nonresident which has registered with the Secretary of State or the Department of Revenue and Taxation and by that registration has agreed to be subject to the jurisdiction of the department and the courts of this State to determine its South Carolina tax liability, including withholding and estimated taxes, together with any related interest and penalties, if any. Registering with the Secretary of State or the department is not an admission of tax liability nor must this act of registering be construed to require the filing of an income tax or franchise (license) tax return. If the person hiring, contracting, or having a contract with a nonresident obtains an affidavit from the nonresident stating that the nonresident is registered with the department or with the Secretary of State, the person is not responsible for the withholding.

The department may revoke the exemption granted by registering with the Secretary of State or the department if it determines that the nonresident taxpayer is not cooperating with the department in the determination of the nonresident taxpayer's correct South Carolina tax liability. This revocation does not revive the duty of a person hiring, contracting, or having a contract with a nonresident to withhold, until the person receives notice of the revocation.

The department may partially or totally exempt classes of transactions from the provisions of this section and may exempt the portion of any transaction which is not taxable in this State."

B. Section 33-15-105 of the 1976 Code is amended by adding at the end:

"(d) By obtaining a certificate of authority, the foreign corporation agrees to be subject to the jurisdiction of the Department of Revenue and Taxation and the courts of this State to determine its South Carolina tax liability, including withholding and estimated taxes, together with related interest and penalties, if any. Obtaining a certificate of authority is not an admission of tax liability."

C. Section 33-42-1620 of the 1976 Code is amended by adding at the end:

"By registering, the foreign limited partnership agrees to be subject to the jurisdiction of the Department of Revenue and Taxation and the courts of this State to determine its South Carolina tax liability, including withholding and estimated taxes, together with related interest and penalties, if any. Registering is not an admission of tax liability."

D. This section takes effect July 1, 1994.

TO AMEND SECTION 59-20-20, AS AMENDED, OF THE 1976 CODE, RELATING TO THE DEFINITIONS OF THE INDEX OF TAXPAYING ABILITY FOR PURPOSES OF THE EDUCATION FINANCE ACT, SO AS TO PROVIDE THAT THE ASSESSMENTS USED ARE THE AUDITED ASSESSMENTS BY SCHOOL DISTRICT SUBMITTED ANNUALLY TO THE COMPTROLLER GENERAL, TO REVISE THE DATE BY WHICH THE AUDITOR MUST REPORT AUDITED ASSESSED VALUES FROM FEBRUARY FIRST TO OCTOBER FIRST AND TO CLARIFY AND REVISE REPORTING REQUIREMENTS; TO REQUIRE THE SALES RATIO DATA USED TO CALCULATE THE INDEX TO CONFORM TO THE MOST RECENT STUDIES CORRESPONDING TO THE BASE YEAR AND TO DEFINE BASE YEAR, AND TO PROVIDE FOR THE DEPARTMENT OF REVENUE AND TAXATION TO PROVIDE A PRELIMINARY INDEX BY NOVEMBER FIRST OF EACH YEAR AND A FINAL INDEX BY FEBRUARY FIRST.

Section 59-20-20(3) of the 1976 Code, as last amended by Section 1570, Act 181 of 1993, is further amended to read:

"(3) `Index of taxpaying ability' means an index of a local district's relative fiscal capacity in relation to that of all other districts of the State based on the full market value of all taxable property of the district assessed on the basis of property classification assessment ratios set forth in Article 3, Chapter 43 of Title 12 for the second completed taxable year preceding the fiscal year in which the index is used and these assessments must be the audited assessments by school district contained in the annual report submitted yearly to the Comptroller General's office.. The county auditor shall provide fiscal year-end audited assessments of real and personal property to the Property Division of the Department of Revenue and Taxation for each of the school districts of the county for the second completed taxable year preceding the fiscal year in which the index is used not later than October first of each year. The index must be used to calculate each district's share of the revenue to be raised locally for the foundation program. The index must include an imputed value for the property tax base implicitly generating impact aid revenue. The property tax base must be imputed at two-thirds the average ratio of all true value assessed property value statewide to prior year local revenue statewide in the foundation program, the resulting product multiplied times the average impact aid receipts during the prior three years. If impact aid receipts during the federal fiscal year are less than the average receipts for the prior three years, then state aid to the impact aid districts must be adjusted in the final payment for the state fiscal year. If the State Department of Education determines from fiscal simulations that the school finance system does not meet requirements of Section 5(D) of P. L. 81-874, the Department of Revenue and Taxation shall exclude an imputed value of impact aid receipts from the index of taxpaying ability.

The index must be determined annually by the Department of Revenue and Taxation from sales ratio data based on the most recent studies made which correspond with the base year assessments used to compute the current index pursuant to Section 12-43-250 for assessed property within a school district. The base year is the second completed taxable year preceding the fiscal year in which the index is used. The Department of Revenue and Taxation shall provide the index a preliminary index by November first of each year end and a final index by February first of each year to the State Department of Education and to the auditor of each county who shall provide the index to any governmental entity responsible for approving or levying of millages for school purposes. Changes and corrections may be made to the index before February first but no change is allowed after that date. When the assessment of property is under appeal and the appeal extends beyond the year in which the assessment made pursuant to Section 12-43-305 is applied, the Department of Revenue and Taxation shall adjust the index of taxpaying ability in the year in which the appeal is resolved by the amount of any difference between the assessments. Any school district is entitled to a hearing before the Department of Revenue and Taxation to review its designated index of taxpaying ability within thirty days of filing a request for the hearing. The data gathered by the Department of Revenue and Taxation for the purpose of determining an annual index must be preserved as public records in the offices of the Department of Revenue and Taxation for four years. The raw information gathered from the various county officers reflecting the representative sales within the school districts, the consideration, and the reported market value or assessed value for each sale are a part of the public records so preserved. The Department of Revenue and Taxation shall file a statement stating the methodology employed in making the annual determination of the index and refer to all sources of factual information used in making the determination. All work sheets, computer printouts, and the actual calculation must be included as the public records to be preserved by the Department of Revenue and Taxation. In determining sales to assessment ratio, the Department of Revenue and Taxation shall use only reported consideration on sales for which deeds have been placed on public record. Where sufficient sales data is not available, the Department of Revenue and Taxation shall make appraisals in lieu of sales in order to determine the index. The appraisals, including all working papers, must be included as the public records to be preserved by the Department of Revenue and Taxation. With respect to school districts within counties where abstracts of duplicates reflecting the assessed value have been filed pursuant to Section 12-39-290, the same having been adopted by the auditors under Article 3, Chapter 43 of Title 12, the index must be on the basis of the value of the property as stated in the abstracts as adjusted by sales ratio studies up to full assessments based on full fair market value."

TO AMEND THE 1976 CODE BY ADDING SECTION 61-9-175 SO AS TO PROVIDE FOR TEMPORARY RETAIL PERMITS TO SELL BEER AND WINE.

A. The 1976 Code is amended by adding:

"Section 61-9-175. (A) A person who purchases a retail business which sells beer or wine from a holder of a retail permit to sell beer or wine at the business, upon initiating the application process for a permanent retail beer or beer and wine permit, may be issued a temporary retail beer or beer and wine permit by the department at the time of the purchase if the location for which the temporary permit is sought is not considered by the department to be a public nuisance as defined by the department in regulation and:

(1) the applicant currently holds a valid beer or beer and wine permit; or

(2) the applicant has had a criminal history background check conducted by the State Law Enforcement Division within the past thirty days.

(B) A temporary beer or beer and wine permit issued pursuant to subsection (A) is valid until a permanent retail beer or beer and wine permit is approved or disapproved by the department, but in no case is it valid for longer than one hundred and twenty days.

(C) Notwithstanding subsection (B) the department may revoke a temporary retail beer or beer and wine permit if the applicant fails to proceed with obtaining the permanent retail beer or beer and wine permit in a timely manner, as set forth by the department in regulation.

(D) The department shall collect a fee of twenty-five dollars for each temporary beer or beer and wine permit sought. The funds generated by this fee must be deposited in the general fund of the State."

B. This section takes effect July 1, 1994.

TO PROVIDE FOR THE "MOTOR VEHICLE CUSTOMER SERVICE ACT OF 1994"; TO AMEND SECTION 56-1-140, RELATING TO THE ISSUANCE OF LICENSES AND THEIR CONTENTS, SO AS TO INCREASE THE LICENSE FEE; TO AMEND SECTION 56-1-200, RELATING TO DUPLICATE LICENSES, SO AS TO INCREASE THE LICENSE FEE; TO AMEND SECTION 56-1-210, RELATING TO THE RENEWAL OF LICENSES, SO AS TO REVISED THE RENEWAL DATE; AND TO AMEND SECTION 56-3-376, AS AMENDED, RELATING TO THE SYSTEM OF REGISTRATION OF MOTOR VEHICLES, SO AS TO PROVIDE FOR STAGGERED REGISTRATION RENEWAL DATES.

A. This section is known as the "Motor Vehicle Customer Service Act of 1994".

B. Section 56-1-140 of the 1976 Code is amended to read:

"Section 56-1-140. Upon the payment of a fee of twelve dollars and fifty cents, the department shall issue to every qualified applicant a driver's license as applied for. The license must bear on it a distinguishing number assigned to the licensee, the full name, date of birth, and residence address and a brief description and laminated colored photograph of the licensee, and a facsimile of the signature of the licensee or a space upon which the licensee shall write his usual signature with pen and ink immediately upon receipt of the license. No license is valid until it has been so signed by the licensee. The license authorizes the licensee to operate only those classifications of vehicles as indicated on the license."

C. Section 56-1-200 of the 1976 Code is amended to read:

"Section 56-1-200. If a driver's license is lost or destroyed, the person to whom the license was issued , upon payment of a fee of three dollars, may obtain a duplicate or substitution of it upon furnishing proof satisfactory to the department that the license has been lost or destroyed."

D. The first paragraph of Section 56-1-210 of the 1976 Code is amended to read:

"Every license expires on the licensee's birth date on the fifth calendar year after the calendar year in which it is issued. Every license is renewable on or before its expiration date upon application and the payment of the required fee. The department shall require a vision test of the applicant. The vision examination may be waived upon the submission of a certificate from a person authorized by law to examine eyes."

E. Section 56-3-376 of the 1976 Code, as last amended by Section 22C, Part II, Act 164 of 1993, is further amended by adding at the end:

"Notwithstanding the registration periods provided in this section, upon appropriate notice, the department may revise the established renewal dates to allow renewals to be assigned an expiration date pursuant to a staggered monthly basis."

F. This section takes effect January 1, 1995.

TO AMEND THE 1976 CODE BY ADDING SECTION 27-2-85 SO AS TO PROVIDE FOR THE DUTIES OF THE SOUTH CAROLINA GEODETIC SURVEY, SECTION 27-2-95 SO AS TO ENSURE STATE MAPPING PRODUCTS ARE COMPATIBLE WITH THE COORDINATE SYSTEM, AND SECTION 27-2-105 SO AS TO REQUIRE THE SURVEY TO ASSIST IN DEFINING AND MONUMENTING COUNTY BOUNDARIES; TO AMEND SECTION 1-30-75, RELATING TO THE COMPOSITION OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO CORRECT REFERENCES TO THE WILDLIFE AND MARINE RESOURCES COMMISSION, WILDLIFE AND FRESHWATER FISHERIES DIVISION, AND GEOLOGICAL SURVEY OF THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE BUDGET AND CONTROL BOARD, AND TO DELETE A REFERENCE TO THE DIVISION OF GEOLOGICAL MAPPING AND STATE GEOLOGIST; TO AMEND SECTION 48-4-10, RELATING TO THE CREATION OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO CHANGE THE REFERENCES TO WILDLIFE AND FRESHWATER FISH DIVISION TO WILDLIFE AND FRESHWATER FISHERIES DIVISION, TO DELETE A REFERENCE TO THE STATE GEOLOGIST AND GEOLOGICAL MAPPING DIVISION, AND TO CHANGE A REFERENCE TO GEOLOGICAL MAPPING TO GEOLOGICAL SURVEY; AND TO AMEND CHAPTER 22, TITLE 48, RELATING TO THE STATE GEOLOGIST AND GEOLOGICAL MAPPING DIVISION OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO CHANGE THE GEOLOGICAL MAPPING DIVISION REFERENCES TO THE GEOLOGICAL SURVEY UNIT OF THE DEPARTMENT, CHANGE THE REFERENCE TO GEOLOGICAL MAPPING TO GEOLOGICAL SURVEY, PROVIDE FOR THE GEODETIC SURVEY TO REMAIN WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES, AND DELETE DUPLICATIVE PROVISIONS.

A. The 1976 Code is amended by adding:

"Section 27-2-85. The South Carolina Geodetic Survey established within the Division of Research and Statistical Services of the Budget and Control Board shall establish horizontal and vertical geodetic control within the State at a density that effectively will provide land and land-related items and records to be referenced to the national horizontal and vertical coordinate system, ensure the accuracy and integrity of new geodetic data entered into the state and national reference system, maintain geodetic files for the State, and disseminate geodetic information as necessary.

Section 27-2-95. To the extent possible, the South Carolina Geodetic Survey of the Division of Research and Statistical Services of the Budget and Control Board shall utilize the office's responsibility of coordinating mapping activities in the State to ensure that mapping products are compatible with the South Carolina Coordinate System. As part of this activity, the office shall establish, develop, and promulgate standards for maps and map products to ensure quality, accuracy, and compatibility of mapping products, encourage the development of accurate mapping systems that are compatible with and suitable for incorporation into a standardized statewide mapping system, develop, maintain, and administer programs for funding qualified mapping projects, and serve as the focal point for federal, state, and local mapping programs and activities in South Carolina.

Section 27-2-105. Where county boundaries are ill-defined, unmarked, or poorly marked, the South Carolina Geodetic Survey on a cooperative basis shall assist counties in defining and monumenting the locations of county boundaries and positioning the monuments using geodetic surveys. The South Carolina Geodetic Survey shall act as a mediator between counties to resolve county boundary disputes."

B. Section 1-30-75 of the 1976 Code, as added by Act 181 of 1993, is amended to read:

"Section 1-30-75. Effective on July 1, 1994, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property, and all contractual rights and obligations associated with the agency, except for those subdivisions specifically included under another department, are transferred to and incorporated in, and must be administered as part of the Department of Natural Resources. The department must be divided initially into divisions for Land Resources and Conservation Districts, Water Resources, Marine Resources, Wildlife and Freshwater Fisheries, and State Natural Resources Enforcement. The South Carolina Wildlife and Marine Resources Commission , as constituted on June 30, 1993, and after that time, under the provisions of Section 50-3-10 et seq. is the governing authority for the department:

(1) Geological Survey of the Research and Statistical Services Division of the Budget and Control Board, to include the State Geologist, formerly provided for at Section 1-11-10, et seq.;

(2) State Land Resources Conservation Commission, less the regulatory division, formerly provided for at Section 48-9-10, et seq.;

(3) South Carolina Migratory Waterfowl Commission, formerly provided for at Section 50-11-20, et seq.;

(4) Water Resources Commission, less the regulatory division, formerly provided for at Section 49-3-10, et seq.;

(5) South Carolina Wildlife and Marine Resources Commission, formerly provided for at Section 50-3-10, et seq."

C. Section 48-4-10, as added by Act 181 of 1993, is amended to read:

"Section 48-4-10. (A) The South Carolina Department of Natural Resources is created to administer and enforce the laws of this State relating to wildlife, marine resources, and natural resources and other laws specifically assigned to it. The department must be comprised of a Natural Resources Enforcement Division, a Wildlife and Freshwater Fisheries Division, a Marine Resources Division, a Water Resources Division, and a Land Resources and Conservation Districts Division. Each division of the department must have the functions and powers provided by law.

(B) All functions, powers, and duties provided by law to the South Carolina Wildlife and Marine Resources Department, the Geological Survey Division of the Budget and Control Board, to include the State Geologist, and the South Carolina Migratory Waterfowl Committee are transferred to the Department of Natural Resources. All nonregulatory functions, powers, and duties provided by law to the South Carolina Water Resources Commission and the State Land Resources Conservation Commission are transferred to the Department of Natural Resources. All rules, regulations, standards, orders, or other actions of these entities remain in effect unless specifically changed or voided by the department in accordance with the Administrative Procedures Act.

(C) All divisions are directly accountable to and subject to the Department of Natural Resources.

(D) The Wildlife and Marine Resources Commission, the Land Resources Conservation Commission, and the Water Resources Commission are abolished."

D. Chapter 22, Title 48 of the 1976 Code, as added by Act 181 of 1993, is amended to read:

Section 48-22-10. The South Carolina Geological Survey Unit is established under the Department of Natural Resources. The State Geologist must be appointed by the Director of the Department of Natural Resources. He must have graduated from an accredited college or university with a full curriculum in geology and had at least five years of practical work experience, academic, governmental, or industrial, in geology.

Section 48-22-20. The powers and duties provided for the South Carolina Geological Survey of the Division of Research and Statistical Services of the Budget and Control Board are devolved upon the Department of Natural Resources. All equipment and personal services monies, including all employee contributions and other fringe benefits used by the Geological Survey within the Division of Research and Statistical Services of the Budget and Control Board before this section takes effect are transferred to the Department of Natural Resources. The South Carolina Geodetic Survey must remain with the Division of Research and Statistical Services as the South Carolina Geodetic Survey. All property, equipment, and personal services monies, including all employee contributions and other fringe benefits used by the Geodetic Survey, must remain with the Division of Research and Statistical Services.

Section 48-22-30. (A) The State Geologist shall:

(1) travel throughout the State so as to make himself familiar with the geology and mineral resources of each section;

(2) undertake field and laboratory work his time permits;

(3) perform other duties that properly pertain to his office.

(B) The department may employ geologists, technicians, and other personnel necessary to conduct the objectives of the unit.

Section 48-22-40. In addition to other duties assigned to it, the unit:

(1) shall conduct field and laboratory studies in geologic reconnaissance, mapping, prospecting for mineral resources, and related gathering of surface and subsurface data. Investigative areas include offshore and onshore lands in this State;

(2) shall provide geologic advice and assistance to other state and local governmental agencies engaged in environmental protection or in industrial or economic development projects. In addition, the unit must be involved actively in geologic aspects of regional planning and effective land use in the State;

(3) shall encourage economic development in the State by disseminating published geologic information as bulletins, maps, economic reports, and related series and open-file reports to appropriate governmental agencies and private industry. The unit is encouraged further to initiate and maintain appropriate industrial contacts to promote the extraction and conservation of South Carolina's earth raw materials and their manufacture to the economic improvement of the State;

(4) shall provide unsolicited advice, when appropriate, to the Mining Council and its associated state regulatory agency, on geologic and related mining matters in keeping with the intent of the South Carolina Mining Act;

(5) shall operate and maintain a central, statewide repository for rock cores, well cuttings and related subsurface samples, and all associated supplemental data. Private firms and public agencies are encouraged to notify the unit before exploratory or developmental drilling and coring;

(6) must be the state's official cooperator on topographic mapping. The federal expenditure for this purpose at least must equal that of the State. The unit may conduct cooperative work with appropriate agencies of the United States Government in its geologic activities and investigations;

(7) shall provide a minerals research laboratory related to the identification, extraction, and processing of industrial minerals and minerals of economic potential wherever found throughout the onshore and offshore areas of the State. The minerals research laboratory is encouraged to accept mineral research projects from South Carolina businesses or citizens on a per cost, per unit basis and to encourage expended use of the raw materials of the State. The minerals research laboratory may accept public and private gifts or funds and may enter into cooperative agreements for the purpose of applied research in the metallic and nonmetallic minerals of this State.

Section 48-22-50. The unit shall maintain all unpublished information in its files which must be open to the public, except in cases where the investigator still has work in progress on a project leading to a publication or where an industrial firm, interested in possibly locating in the State, asks temporary confidential status for oral and written geologic related information supplied by them or obtained on their properties. In the latter instance the information may be held in confidence by the unit for not more than one year from the date the information was obtained.

Section 48-22-60. The unit shall work impartially for the benefit of the public, and no person, firm, or governmental agency may call upon or require the State Geologist or unit staff to enter upon a special survey for his or their special benefit."

TO AMEND SECTION 56-3-1230, AS AMENDED, OF THE 1976 CODE, RELATING TO MOTOR VEHICLE LICENSE PLATES, SO AS TO DELETE THE REQUIREMENT FOR NEW PLATES AT LEAST EVERY SIX YEARS AND PROVIDE FOR THE REVALIDATION AND REPLACEMENT OF PERMANENT PLATES.

Section 56-3-1230(A) of the 1976 Code, as amended by Act 164 of 1993, is further amended to read:

"(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, the 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. 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. License plates issued as permanent may be revalidated and replaced at intervals determined by the department."

TO AMEND SECTION 9-9-40, AS AMENDED, OF THE 1976 CODE, RELATING TO MEMBERSHIP IN THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, SO AS TO ALLOW A PERSON WHO IS AT LEAST SIXTY-FIVE YEARS OF AGE AND ELIGIBLE TO RECEIVE BENEFITS UNDER THE GENERAL ASSEMBLY RETIREMENT SYSTEM BUT FOR THE PERSON'S CURRENT EMPLOYMENT COVERED BY A CORRELATED RETIREMENT SYSTEM TO ELECT TO RECEIVE SUCH BENEFITS; AND TO AMEND SECTION 9-9-60, AS AMENDED, RELATING TO REQUIREMENTS TO RETIRE AND CALCULATION OF BENEFITS UNDER THE GENERAL ASSEMBLY RETIREMENT SYSTEM, SO AS TO CONFORM IT TO THE AMENDED PROVISIONS OF SECTION 9-9-40.

A. The second paragraph of Section 9-9-40(3) of the 1976 Code is amended to read:

"If a member of a correlated system ceases to occupy a position covered under the system and if, within the protective period and under the conditions set forth in the correlated system for continuation of membership therein, he accepts a position covered by another correlated system, he shall notify the director of each system of the employment, and his membership in the first system is continued so long as his membership in the other system continues. Service credited to the members under the provisions of the first system is considered service credits for the purpose of determining eligibility for benefits, but not the benefit amount , under the other system. A benefit under any one of the correlated systems must be computed solely on the basis of service and contributions credited under that system, and is payable at the times and subject to the age and service conditions set forth. A member is not eligible to receive retirement payments so long as he is employed in a position covered by the South Carolina Retirement System or the South Carolina Police Officers' Retirement System. Notwithstanding the provisions of this paragraph, a member of the Retirement System for Members of the General Assembly who is (1) at least sixty-five years of age, (2) not currently serving in the General Assembly, and (3) eligible to receive retirement benefits from the General Assembly System but for the member's current employment covered by a correlated system may elect to receive retirement benefits from the General Assembly System."

B. Section 9-9-60(1) of the 1976 Code is amended to read:

"(1) A member of the system may retire upon written application to the board setting forth at what time, not more than ninety days before nor more than six months subsequent to the execution and filing of the application, he desires to be retired, if the member at the time specified for his retirement is no longer in the service of the State, whether as a member of the General Assembly or otherwise, except as provided in Section 9-9-40(3), and has either attained the age of sixty years or completed thirty years of credited service."

C. This section takes effect July 1, 1994.

TO AMEND THE 1976 CODE BY ADDING SECTION 11-5-260 SO AS TO PROVIDE THAT A CHECK ISSUED BY THE STATE TREASURER IF NOT PRESENTED FOR PAYMENT WITHIN TWO YEARS OF ITS ISSUE, THE AMOUNT OF THE CHECK MUST BE CREDITED BACK TO THE STATE TREASURY AND THE CHECK WRITTEN OFF THE BOOKS AND TO PROVIDE FOR THE REISSUE OF A CHECK ON SATISFACTORY PROOF OF NONPAYMENT.

A. Chapter 5, Title 11 of the 1976 Code is amended by adding:

"Section 11-5-260. If a check issued by the Treasurer for the payment of a claim is not presented for payment within two years from the date of the check, the amount of the check must be credited back into the State Treasury and the check written off the books of the Treasurer. However, a check may be reissued upon satisfactory proof of nonpayment."

B. This section takes effect July 1, 1994.

TO AMEND ACT 181 OF 1993, RELATING TO RESTRUCTURING, SO AS TO DELETE THE REPEAL OF SECTIONS CONCERNING THE SENTENCING AND GUIDELINES COMMISSION.

A. Subsection (C), Section 1617, Act 181 of 1993, is amended to read:

"(C) Chapter 5 of Title 13 and Sections 27-2-80, 27-2-90, 27-2-100, 44-1-10, 44-1-60, 48-9-210, 48-9-220, 48-9-240 and 48-9-250 of the 1976 Code are repealed effective July 1, 1994."

B. This section takes effect June 30, 1994.

TO AMEND SECTION 48-48-80, AS AMENDED, OF THE 1976 CODE, RELATING TO THE DISPOSAL OF NONREGION LOW-LEVEL RADIOACTIVE WASTE AT THE BARNWELL FACILITY, SO AS TO FURTHER PROVIDE FOR THE DISPOSITION OF THE FEES ON NONREGION WASTE, BEGINNING WITH REVENUE COLLECTED IN FISCAL YEAR 1993-94, TO THE GENERAL FUND AND TO BARNWELL COUNTY, AND TO PROVIDE THAT EFFECTIVE JULY 1, 1994, NONREGION WASTE MAY NOT BE IMPORTED AND DISPOSED OF AT THE BARNWELL FACILITY.

A. Section 48-48-80(F) of the 1976 Code, as amended by Section 70D, Part II, Act 501 of 1992, is amended to read:

"(F) Effective with revenue collected in fiscal year 1993-94, all revenue generated from the assessment on nonregion waste must be credited by the State Treasurer to the general fund of the State except that ten percent of the revenue, not to exceed two million, five hundred thousand dollars in a fiscal year, must be remitted by the State Treasurer to the governing body of Barnwell County."

B. Section 48-48-80(G) of the 1976 Code, as amended by Section 70D, Part II, Act 501 of 1992, is further amended to read:

"(G) Nonregion waste may not be imported and disposed of at the Barnwell facility."

C. Subsection (A) takes effect upon approval by the Governor and Subsection (B) takes effect July 1, 1994.

TO AMEND THE 1976 CODE BY ADDING SECTION 56-3-2330 SO AS TO PROVIDE FOR THE ISSUANCE OF MANUFACTURER LICENSE PLATES AND SECTION 12-37-2721 SO AS TO PROVIDE A PROPERTY TAX EXEMPTION FOR VEHICLES OPERATED ON THE HIGHWAY WITH MANUFACTURER'S LICENSE PLATES; AND TO AMEND SECTIONS 12-36-90 AND 12-36-110, BOTH AS AMENDED, RELATING TO GROSS PROCEEDS OF SALES AND SALES AT RETAIL, SO AS TO PROVIDE A TAX EXEMPTION FOR A MOTOR VEHICLE USED WITH A MANUFACTURER'S LICENSE PLATE.

A. Article 25, Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Section 56-3-2330. (A) Upon application and payment of the required fee, the department may issue no more than two hundred manufacturer license plates to a motor vehicle manufacturer. The license plates must be used exclusively on motor vehicles, including motorcycles, owned or in possession of a manufacturer. Manufacturer license plates must not be used to operate wreckers in use by the manufacturer nor to operate vehicles leased or rented to the public by the manufacturer.

(B) A motor vehicle manufacturer shall apply for manufacturer license plates on a form prescribed by the department and shall provide proof the applicant is a bona fide motor vehicle manufacturer. The cost of each manufacturer plate issued is two hundred dollars, of which one hundred sixty dollars must be remitted by the department to the county in which the principal facility of the manufacturer is located. Each plate is valid for two years.

(C) Vehicles with manufacturer plates, not to exceed one licensed vehicle for each household, may be operated by persons authorized by the manufacturer on vehicles of that manufacturer's brand on state streets and highways for testing, distribution, evaluation, and promotion of vehicles. Vehicles with manufacturer plates may be used no more than ten consecutive days in connection with civic events and sporting events.

(D) A manufacturer who violates the provisions regarding use of motor vehicles is subject to the imposition of any administrative penalty permitted by law.

(E) For the purpose of this section only, `motor vehicle manufacturer' is defined as a person in the business of manufacturing or assembling new and unused vehicles in this State."

B. The 1976 Code is amended by adding:

"Section 12-37-2721. The provisions of this article do not apply to motor vehicles held by a manufacturer and operated on the highway with manufacturer's license plates issued pursuant to 56-3-2330."

C. Section 12-36-90(2)(e) of the 1976 Code, as added by Section 105D., Part II, Act 164 of 1993, is amended to read:

"(e) a motor vehicle operated with a dealer, transporter, or manufacturer license plate and used in accordance with the provisions of Section 56-3-2320 or 56-3-2330;"

D. Section 12-36-110(1)(c)(v) of the 1976 Code, as added by Section 105E., Part II, Act 164 of 1993, is amended to read:

"(v) a motor vehicle operated with a dealer, transporter, or manufacturer license plate and used in accordance with the provisions of Section 56-3-2320 or 56-3-2330;"

E. This section takes effect July 1, 1994.

TO AMEND SECTION 12-36-2120, AS AMENDED, OF THE 1976 CODE, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT FREE SAMPLES OF PRESCRIPTION MEDICINE DISTRIBUTED BY ITS MANUFACTURER AND ANY SUBSEQUENT USE OF THESE SAMPLES AND TO EXEMPT MEDICINE DONATED BY ITS MANUFACTURER TO A PUBLIC INSTITUTION OF HIGHER EDUCATION FOR RESEARCH PURPOSES OR FOR TREATMENT OF INDIGENT PATIENTS.

A. Section 12-36-2120(28) of the 1976 Code, as added by Act 612 of 1990, is amended to read:

"(28) (a) medicine and prosthetic devices sold by prescription, and free samples of prescription medicine distributed by its manufacturer and any use of these free samples;

(b) hypodermic needles, insulin, alcohol swabs, and blood sugar testing strips sold to diabetics under the authorization and direction of a physician;

(c) medicine donated by its manufacturer to a public institution of higher education for research or for the treatment of indigent patients; and

(d) dental prosthetic devices;"

B. This section takes effect July 1, 1994.

TO AMEND SECTION 61-3-425 OF THE 1976 CODE RELATING TO THE REQUIREMENT THAT APPLICANTS FOR BEER, WINE, AND ALCOHOLIC LIQUOR LICENSES NOT OWE DELINQUENT FEDERAL OR STATE TAXES, PENALTIES, OR INTEREST FOR THE LICENSE TO ISSUE, SO AS TO EXTEND THE REQUIREMENTS TO LICENSE RENEWALS AND TRANSFERS, PROVIDE THAT THE TAX STATUS OF THE APPLICANT IS DETERMINED BY THE DEPARTMENT OF REVENUE AND TAXATION AND THE INTERNAL REVENUE SERVICE RATHER THAN REQUIRE THE APPLICANT TO SUBMIT A SIGNED STATEMENT FROM THOSE AGENCIES, AND TO PROVIDE THAT THOSE AGENCIES SHALL NOTIFY AN APPLICANT OF THE REQUIREMENTS TO COMPLY WITH THIS SECTION, AND TO REPEAL ARTICLE 7, CHAPTER 54, TITLE 12 OF THE 1976 CODE RELATING TO THE REVOCATION OF PROFESSIONAL LICENSES BY THE DEPARTMENT OF REVENUE AND TAXATION.

A. Section 61-3-425 of the 1976 Code, as added by Act 164 of 1993, is amended to read:

"Section 61-3-425. No license under this title may be issued, renewed, or transferred unless the department and the Internal Revenue Service determine that the applicant does not owe the state or federal government delinquent taxes, penalties, or interest. If the department or the Internal Revenue Service determine that delinquent taxes, penalties, or interest are due, the department shall notify the applicant of the necessary requirements to comply with this section."

B. Article 7, Chapter 54, Title 12 of the 1976 Code is repealed.

C. This section takes effect July 1, 1994.

TO AMEND SECTION 12-37-220, AS AMENDED, OF THE 1976 CODE, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW THE CREDIT TO BE CLAIMED WHEN THE TAXPAYER CREATES ONE HUNDRED FIFTY OR MORE JOBS SUBSTANTIALLY EQUIVALENT TO THE CURRENT MINIMUM REQUIREMENT OF SEVENTY-FIVE FULL-TIME JOBS AND TO DEFINE "SUBSTANTIALLY EQUIVALENT".

Section 12-37-220(B)(32) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(32) All new corporate headquarters, corporate office facilities, distribution facilities, and all additions to existing corporate headquarters, corporate office facilities, or distribution facilities located in South Carolina, established or constructed, or placed in service, after June 27, 1988, are exempt from nonschool county ad valorem taxes for a period of five years from the time of establishment, construction, or being placed in service if the cost of the new construction or additions is fifty thousand dollars or more and seventy-five or more new jobs which are full-time or one hundred fifty or more substantially equivalent jobs are created in South Carolina. For the purpose of this exemption, the term:

(1) `new job' means any job created by an employer in South Carolina at the time a new facility or an expansion is initially staffed, but does not include a job created when an employee is shifted from an existing South Carolina location to work in a new or expanded facility;

(2) (a) `full-time' means a job requiring a minimum of thirty-five hours of an employee's time a week for the entire normal year of company operations or a job requiring a minimum of thirty-five hours of an employee's time for a week for a year in which the employee was initially hired for or transferred to the South Carolina corporate headquarters, corporate office facility, or distribution facility and worked at a rented facility pending construction of a corporate headquarters, corporate office facility, or distribution facility;

(b) `substantially equivalent' means a job requiring a minimum of twenty hours of an employee's time a week for the entire normal year of company's operations or a job requiring a minimum of twenty hours of an employee's time for a week for a year in which the employee was initially hired for or transferred to the South Carolina corporate headquarters, corporate office facility, or distribution facility and worked at a rented facility pending construction of a corporate headquarters, corporate office facility, or distribution facility;

(3) `corporate headquarters' means the location where corporate staff members or employees are domiciled and employed, and where the majority of the company's financial, personnel, legal, planning, or other business functions are handled either on a regional or national basis and must be the sole such corporate headquarters within the region or nation;

(4) `staff employee' or `staff member' means executive, administrative, or professional worker. At least eighty percent of an executive employee's business functions must involve the management of the enterprise and directing the work of at least two employees. An executive employee has the authority to hire and fire or has the authority to make recommendations related to hiring, firing, advancement, and promotion decisions, and an executive employee must customarily exercise discretionary powers. An administrative employee is an employee who is not involved in manual work and whose work is directly related to management policies or general business operations. An administrative employee must customarily exercise discretion and independent judgment. A professional employee is an employee whose primary duty is work requiring knowledge of an advanced type in a field of science or learning. This knowledge is characterized by a prolonged course of specialized study. The work must be original and creative in nature, and the work cannot be standardized over a specific period of time. The work must require consistent exercise of discretion;

(5) `region' or `regional' means a geographic area comprised of either:

(a) at least five states, including South Carolina, or

(b) two or more states, including South Carolina, if the entire business operations of the corporation are performed within fewer than five states;

(6) `corporate office facility' means the location where corporate managerial, professional, technical, and administrative personnel are domiciled and employed, and where corporate financial, personnel, legal, technical, support services, and other business functions are handled. Support services include, but are not limited to, claims processing, data entry, word processing, sales order processing, and telemarketing;

(7) `distribution facility' means an establishment where shipments of tangible personal property are processed for delivery to customers, but the term `distribution facility' does not include an establishment which operates as a location where retail sales of tangible personal property are made to customers. A distribution facility includes establishments which process customer sales orders by mail, telephone, or electronic means, if the establishment also processes shipments of tangible personal property to customers. The terms `retail sale', and `tangible personal property', for purposes of this definition, have those meanings as contained in Chapter 36 of Title 12. Certification of the required investment and the number of new jobs which are full-time or substantially equivalent and which are created must be provided by the South Carolina Department of Revenue and Taxation to the appropriate local tax officials."

TO AMEND SECTION 12-7-1245, AS AMENDED, OF THE 1976 CODE, RELATING TO CORPORATE INCOME TAX CREDITS FOR CORPORATE HEADQUARTERS, SO AS TO CHANGE THE CRITERIA FOR QUALIFYING FOR THE CREDIT BY REDUCING THE NUMBER OF NEW JOBS WHICH MUST BE CREATED.

A. Section 12-7-1245(B)(2) of the 1976 Code, as last amended by Act 285 of 1992, is further amended to read:

"(2) The headquarters establishment, expansion, or addition must result in the creation of:

(a) at least forty new jobs performing headquarters related functions and services or research and development related functions and services. These jobs must be permanent, full-time positions located in this State, and

(b) at least twenty of the above-referenced new jobs must be classified as headquarters staff employees."

B. Section 12-7-1245(D)(2)(a), of the 1976 Code, as last amended by Act 285 of 1992, is further amended to read:

"(a) the creation of at least seventy-five new full-time jobs performing headquarters related functions and services or research and development related functions and services which have an average cash compensation level of more than one and one-half times the per capita income of this State at the time the jobs are filled; and"

C. Upon approval by the Governor, this section is effective for taxable years after 1993.

TO AUTHORIZE THE BUDGET AND CONTROL BOARD TO TRANSFER CERTAIN MONIES FROM THE "SUPERB FINANCIAL RESPONSIBILITY FUND" TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL "SUPERB ACCOUNT" FOR THE PURPOSE OF MEETING THE DEPARTMENT'S OBLIGATIONS UNDER THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT.

Whereas, the Superb Account is a separate account established within the State Treasury and administered by the Department of Health and Environmental Control for rehabilitation of sites contaminated with petroleum or petroleum products released from underground storage tanks and for the administration of the State Underground Petroleum Environmental Response Bank Act (the Superb Act); and

Whereas, the Superb Account has proven to be inadequate to meet the overwhelming demand of the program; and

Whereas, the Superb Financial Responsibility Fund is also a separate account established within the State Treasury and administered by the Budget and Control Board for compensating third parties for bodily injury and property damages caused by accidental releases arising from the operation of underground storage tanks containing petroleum or petroleum products; and

Whereas, only a minor amount of the Superb Financial Responsibility Fund has been needed to date due to very few claims against it; and

Whereas, in order to meet its obligations under the Superb Act, the Department of Health and Environmental Control must supplement its Superb Account. Now, therefore,

A. Notwithstanding the provisions of Chapter 2, Title 44, of the 1976 Code, the State Underground Petroleum Environmental Response Bank Act (Superb Act), the General Assembly authorizes the Budget and Control Board to make a one-time transfer of three million dollars from the Superb Financial Responsibility Fund as provided for in Section 44-2-40(D) into the Superb Account, as provided for in Section 44-2-40(B).

B. The transferred funds are to be utilized to meet the department's obligations under the Superb Act, and as funds become available as provided for in Section 44-2-40(C), the Superb Financial Responsibility Fund will be replenished.

TO AMEND THE 1976 CODE BY ADDING SECTION 44-2-115 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO APPLY ELIGIBILITY REQUIREMENTS FOR THE SUPERB PROGRAM IN A MANNER THAT FAVORS ELIGIBILITY AND PROVIDE THAT SITES ONCE QUALIFIED FOR COMPENSATION REMAIN QUALIFIED; BY ADDING SECTION 44-2-150 SO AS TO ESTABLISH THE SUPERB ADVISORY COMMITTEE AND PROVIDE FOR ITS MEMBERSHIP AND RESPONSIBILITIES INCLUDING STUDYING AND REPORTING ON FUNDING FOR THE SUPERB PROGRAM; BY AMENDING SECTION 44-2-20, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE SUPERB PROGRAM, SO AS TO DELETE DEFINITIONS FOR "DIRECT BILLING" AND "REIMBURSEMENTS" AND TO DEFINE "COMPENSATION"; BY AMENDING SECTION 44-2-40, AS AMENDED, RELATING TO THE SUPERB ACCOUNT AND SUPERB RESPONSIBILITY FUND, SO AS TO DELETE REFERENCES TO DIRECT BILLING AND REIMBURSEMENTS AND PROVIDE INSTEAD FOR COMPENSATION, AND PROVIDE LIMITS ON CERTAIN SITE REHABILITATION EXPENSES, TO DELETE THE CAP ON THE SUPERB ACCOUNT AND REVISE THE FUNDING OF THE SUPERB RESPONSIBILITY FUND; BY AMENDING SECTION 44-2-50, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL OF CRITERIA FOR SITE REHABILITATION FUNDED THROUGH THE SUPERB PROGRAM, SO AS TO REQUIRE THE DEPARTMENT TO PROMULGATE REGULATIONS ESTABLISHING RISK-BASED CRITERIA AND SITE SPECIFIC CLEANUP LEVELS; BY AMENDING SECTION 44-2-90, AS AMENDED, RELATING TO THE ABOLITION OF THE ENVIRONMENTAL IMPACT FEE AND USE OF RESIDUAL FUNDS, SO AS TO EXTEND THE FEE THROUGH 2026; BY AMENDING SECTION 44-2-110, AS AMENDED, RELATING TO THE EARLY DETECTION INCENTIVE PROGRAM, SO AS TO PROVIDE FOR COMPENSATION AND DELETE REFERENCES TO DIRECT BILLING AND REIMBURSEMENT AND DELETE OBSOLETE PROVISIONS; AND BY AMENDING SECTION 44-2-130, AS AMENDED, RELATING TO PAYMENTS FROM THE SUPERB ACCOUNT, SO AS TO REVISE THE COMPENSATION REQUIREMENTS.

A. Chapter 2, Title 44 is amended by adding:

"Section 44-2-115. The department shall apply the eligibility requirements set forth in this chapter in a manner favoring eligibility. Once the department determines that a site qualifies for compensation from the Superb Account, the site remains qualified, notwithstanding the issuance of a no action letter, until corrective action is undertaken and the owner or operator is compensated by the Superb Account."

B. Chapter 2, Title 44 of the 1976 Code is amended by adding:

"Section 44-2-150. (A) There is established a Superb Advisory Committee to study the implementation and administration of the Superb program, including the Superb Account, the Superb Financial Responsibility Fund, and the regulatory requirements applicable to underground storage tanks; to make recommendations to the department and the General Assembly on ways to improve the efficiency of the program and to maximize available funds; and to advise the department on administration of the program.

(B) The members of the committee must be appointed before August 1, 1994.

(C) The committee shall consist of fourteen members, appointed by the commissioner of the department as follows:

(1) one member representing the general public;

(2) two members representing environmental organizations;

(3) one member representing the South Carolina Petroleum Council;

(4) one member representing the South Carolina Petroleum Marketers Association;

(5) one member representing the South Carolina Service Station Dealers Association;

(6) one member representing the South Carolina Chamber of Commerce;

(7) one member representing the South Carolina Bankers Association;

(8) one member representing a business that specializes in the assessment or remediation, or both, of contamination resulting from leaking underground storage tanks;

(9) one member representing the South Carolina Department of Insurance;

(10) one member representing the Department of Health and Environmental Control;

(11) one member representing the State Budget and Control Board, Division of General Services;

(12) one member representing the Municipal Association of South Carolina; and

(13) one member representing the South Carolina Association of Counties.

(D) The committee shall have the following duties and responsibilities:

(1) to conduct an initial review of the management of the Superb Program and the Superb Financial Responsibility Fund and the availability of funds in the account and the fund and thereafter to monitor the management of the account and the fund;

(2) to determine the success of the Superb program in achieving its statutory purpose of providing a means for the investigation and cleanup of spills, leaks, and other discharges from underground storage tanks without delay, which determination shall include a list of all sites cleaned up pursuant to the Superb program;

(3) to review the administration of the Superb program and to determine the feasibility and desirability of maintaining or separating the function of environmental regulation from the function of administering the Superb Account and Superb Financial Responsibility Fund;

(4) to make recommendations on the development of regulations for prioritizing sites;

(5) to make recommendations on the development of regulations establishing reasonable site-specific cleanup goals and utilizing risk-based goals for corrective action;

(6) to review the financial solvency of the Superb Account and to examine and make recommendations regarding alternative funding mechanisms;

(7) to review the interaction between the Federal Trust Fund and the Superb Account;

(8) to review and provide recommendations on standards and procedures to reduce time and costs to achieve site cleanup in a high quality and efficient manner;

(9) to study and make recommendations regarding the feasibility of utilizing a competitive bidding process in any or all stages of the Superb program;

(10) to study and make recommendations regarding the feasibility of the State's contracting with private entities to provide services for the program, such as having private insurers process compensation applications;

(11) to make recommendations regarding actions the department could take to facilitate commercial lending activity involving Superb-qualified sites and;

(12) to make recommendations regarding the development of an appeals process for those owners or operators who are denied access to the Superb fund because they were found not to be in substantial compliance under Section 44-2-40(B).

(E) Members of the committee shall serve for terms of two years and until their successors are appointed and qualify. The committee shall selection a chairman and vice-chairman. The committee shall adopt operating procedures, including attendance requirements. A majority of the members constitute a quorum to do business. The committee shall meet on the call of the chairman or of a majority of the members; however, the committee shall meet at least monthly before the date that its initial report required by subsection (F) is due. The department shall provide the necessary staff and the administrative facilities and services to the committee and shall cooperate fully with the committee, including providing information necessary for the committee to perform its functions.

(F) Not later than December 16, 1994, the committee shall submit a report to the department and General Assembly addressing the issues identified in subsection (D) of this section. The report shall include recommendations for any statutory changes that the committee determines should be made in the Superb program and recommendations regarding regulations required to be promulgated pursuant to Section 44-2-50(B).

(G) Following its initial report, the committee shall submit to the department and the General Assembly by the end of each calendar year an annual report which, at a minimum, shall address the financial status and viability of the Superb Account and the Superb Financial Responsibility Fund, the number of sites successfully remediated pursuant to the Superb program, the number of sites remaining to be remediated, and any statutory or regulatory changes that the committee recommends."

C. Section 44-2-20 of the 1976 Code, as last amended by Section 36A, Part II, Act 164 of 1993, is further amended to read:

"Section 44-2-20. When used in this chapter, the listed terms have the following meanings unless the context clearly requires otherwise:

(1) `Committed funds' means that portion of the Superb Account reserved as a result of action by the Department of Health and Environmental Control to approve costs for planned site rehabilitation activities.

(2) `Compensation' means billing the Superb Account for costs associated with site rehabilitation after receiving prior approval from the department and in accordance with regulations promulgated pursuant to this chapter and criteria established by the department as authorized by this chapter. All compensation is considered committed funds.

(3) `Department' means the Department of Health and Environmental Control.

(4) `Fund' means the funds provided for under this chapter and deposited in the Superb Account or the Superb Financial Responsibility Fund hereinafter created.

(5) `Operator' means a person in control of, or having responsibility for the daily operation of an underground storage tank.

(6) `Orphan site' means a site where there has been a release from an underground storage tank but responsible party issues have not been resolved, and site rehabilitation has not been undertaken.

(7) `Owner' means:

(a) in the case of an underground storage tank system in use on November 8, 1984, or brought into use after that date, a person who owns an underground storage tank system used for storage, use, or dispensing of regulated substances;

(b) in the case of an underground storage tank system in use before November 8, 1984, but no longer in use on that date, a person who owned such an underground storage tank immediately before the discontinuation of its use; or

(c) a person who has assumed legal ownership of the underground storage tank through the provisions of a contract of sale or other legally binding transfer of ownership.

(8) `Person' means any individual, partner, corporation organized or united for a business purpose, or a governmental agency.

(9) `Petroleum' and `petroleum product' means crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds for each square inch absolute), including any liquid which consists of a blend of petroleum and alcohol and which is intended for use as a motor fuel. The terms `petroleum' and `petroleum product' do not include any:

(a) hazardous substance as defined in Section 101(14) of the Federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA);

(b) substance, other than used oils, regulated as a hazardous waste under Subtitle C of Title II of the Federal Resource Conservation and Recovery Act of 1976 (RCRA); or

(c) mixture of petroleum or a petroleum product containing any such hazardous substance or hazardous waste in greater than de minimis quantities.

(10) `Regulated substance' means:

(a) a substance defined in Section 101(14) of CERCLA, but not including any substance regulated as a hazardous waste under Subtitle C of RCRA; and

(b) petroleum and petroleum products. The term `regulated substance' includes, but is not limited to, petroleum and petroleum-based substances comprised of a complex blend of hydrocarbons derived from crude oil through processes of separation, conversion, upgrading, and finishing, such as motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, and used oils.

(11) `Release' means any spilling, leaking, emitting, discharging, escaping, leaching or disposing from an underground storage tank into subsurface soils, groundwater, or surface water.

(12) `Site rehabilitation' means cleanup actions taken in response to a release from an underground, storage tank which includes, but is not limited to, investigation, evaluation, planning, design, engineering, construction, or other services put forth to investigate or clean up affected subsurface soils, groundwater, or surface water.

(13) `Site rehabilitation contractor' means a person who carries out site rehabilitation actions, including persons retained or hired by these persons to provide services related to site rehabilitation.

(14) `Substantial compliance' means that an underground storage tank owner or operator has demonstrated a good faith effort to comply with regulations necessary and essential in preventing releases, in facilitating their early detection, and in mitigating their impact on public health and the environment.

(15) `Underground storage tank' means any one or combination of tanks, including underground pipes connected to it, which is used to contain an accumulation of regulated substance, and the volume of which is ten percent or more beneath the surface of the ground. The term does not include any:

(a) farm or residential tank of one thousand one hundred gallons or less capacity used for storing motor fuel for noncommercial purposes;

(b) tank used for storing heating oil for consumptive use on the premises where stored;

(c) septic tank;

(d) pipeline facility, including gathering line, regulated under the Federal Natural Gas Pipeline Safety Act of 1968 or the Federal Hazardous Liquid Pipeline Safety Act of 1979, or any pipeline facility regulated under state laws comparable to the provisions of these federal provisions of law;

(e) surface impoundment, pit, pond, or lagoon;

(f) storm water or wastewater collection system;

(g) flow-through process tank;

(h) liquid trap or associated gathering lines directly related to oil or gas production and gathering operations;

(i) storage tank situated in an underground area, such as a basement, cellar, mineworking, drift, shaft, or tunnel, if the petroleum storage tank is situated upon or above the surface of the floor;

(j) hydraulic lift reservoirs, such as for automobile hoists and elevators, containing hydraulic oil; or

(k) any pipes connected to a tank which is described in subitems (a) through (j)."

D. (1) Section 44-2-40(B) of the 1976 Code, as last amended by Section 43B, Part II, Act 501 of 1992, is further amended to read:

"(B) The Superb Account is established to ensure the availability of funds for the rehabilitation of sites contaminated with petroleum or petroleum products released from an underground storage tank and for administration of the underground storage tank regulatory program established in this chapter. The department shall use the fund to pay the usual, customary, and reasonable costs of site rehabilitation in excess of twenty-five thousand dollars and up to a maximum of one million dollars per occurrence for site rehabilitation as a result of release or discharge from an underground storage tank containing petroleum or petroleum products. The department shall use the fund to pay these costs of site rehabilitation by owners or operators who qualify for compensation. The department may use the fund to clean up a site which does not qualify for compensation or a site which does qualify but the owner or operator is unwilling or unable to undertake site rehabilitation, and the department shall diligently pursue the recovery of any sum so incurred from the owner or operator responsible or from the United States government under any applicable federal law, unless the department finds the amount involved too small or the likelihood of success too uncertain. The fund must be further used for the payment of costs incurred by the department in providing field and laboratory services and other assistance by the department in the investigation of alleged contamination. This fund must not be used for the cleanup of any other pollutant. Funds in the Superb Account also may not be used to pay any liability claims against the owners or operators of underground storage tanks. Except for releases reported before July 1, 1994, the fund may not be used to pay the costs of site rehabilitation of a release at a site where the underground storage tank, at the time of the release, is not in substantial compliance with regulations promulgated pursuant to Section 44-2-50(A)."

(2) Section 44-2-40(C) of the 1976 Code, as last amended by Section 36B, Part II, Act 164 of 1993, 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. Beginning November 1, 1994, the department shall transfer on a monthly basis one hundred thousand dollars of the funds generated by the environmental impact fee to the Superb Financial Responsibility Fund so long as the balance of this fund is no less than one million dollars and no more than three and one-half million dollars. 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."

E. Section 44-2-50(B) of the 1976 Code, as added by Act 486 of 1988, is amended to read:

"(B) The department shall keep an accurate record of costs and expenses incurred under the provisions of this chapter for the rehabilitation of sites contaminated with petroleum or petroleum products released from underground storage tanks and to make this record public on a quarterly basis, and, except as otherwise provided in Section 44-2-110, the department thereafter shall diligently pursue the recovery of any sum so incurred from the person responsible or from the United States government under any applicable federal law, unless the department finds the amount involved too small or the likelihood of success too uncertain. The department shall provide the forms necessary for an application for compensation of site rehabilitation costs to the Superb Account and for compensation of rehabilitation costs from the Superb Account. By March 10, 1995, the department shall submit to the General Assembly regulations addressing the following:

(1) General procedures that response action contractors must follow during site rehabilitation.

(2) General requirements that identify allowable costs for site rehabilitation activities, procedures for payment, provisions for auditing of claims paid, provisions for recovery of costs for ineligible or inappropriate activities, and procedures for addressing related disputes.

(3) Prioritizing expenditures from the Superb fund for site rehabilitation activities. This system for prioritizing sites must be based on available technical information and shall consider the potential risk to human health and the environment. Sites that present an imminent threat to human health and the environment shall receive first priority for receiving Superb funds to eliminate the imminent threat. All other sites must be prioritized based on the available technical information so that the appropriate level of assessment is performed at the site. The assessment should adequately define the extent and severity of contamination at each site so that a determination of appropriate actions can be made. A proper assessment includes, but is not limited to, the following:

(a) site specific geology;

(b) distance to drinking water sources or Wellhead Protection Areas;

(c) concentrations in soil and ground water;

(d) depth to ground water; and

(e) potential for an emergency situation, including fire or explosion hazard.

(4) Develop a system to determine the appropriate actions for sites based on the results of the assessment. This system shall also determine standards in the soil and ground water. The standards must be based on the potential risk to human health and the environment and take into account the current and reasonably potential use of the ground water as drinking water. The standards shall provide that no additional site rehabilitation is required if site-specific concentrations in soil and ground water are below applicable standards.

(5) Procedures for determining site-specific corrective actions. If contaminant concentrations are above the standards set forth pursuant to item (4), a site-specific evaluation must be conducted utilizing site-specific risk assessment. The procedures to determine acceptable levels of risk must include, but not be limited to, the following:

(a) identification and elimination of sources of soil and ground water contamination;

(b) identification of transport mechanisms and exposure pathways;

(c) evaluation of exposure scenarios and potential receptors;

(d) consideration of land use and surrounding land use;

(e) evaluation of other appropriate scientific data;

(f) use of appropriate statistical procedures and modeling protocols;

(g) evaluation of the use of institutional and engineering controls; and

(h) consideration of technological limitations.

The regulations shall further provide that determination of completion of site rehabilitation must be based on achievement of corrective action standards.

(6) Procedures for coordinating all permits necessary to implement a corrective action plan.

(7) An appeals process for those owners or operators who are denied access to the Superb fund because they were found not to be in substantial compliance under Section 44-2-40(B)."

F. Section 44-2-90(B) of the 1976 Code, as last amended by Act 501 of 1992, is further amended to read:

"(B) The environmental impact fee established in Section 44-2-60(B) is abolished on December 31, 2026, provided that the environmental impact fees due for the month of December, 2026, must be paid by the end of January, 2027. Funds remaining in the Superb Account after this date, so long as available, must be used to pay the costs of site rehabilitation by owners or operators which were incurred before December 31, 2026, and to pay for site rehabilitation at orphan sites."

G. Section 44-2-110 of the 1976 Code, as last amended by Section 43F, Part II, Act 501 of 1992, is further amended to read:

"Section 44-2-110. . All sites involving releases from underground storage tanks reported to the department any time from midnight on December 31, 1987, to midnight on June 30, 1993, regardless of whether the release occurred before or after January 1, 1988, are qualified sites for the expenditure of funds from the Superb Account, provided that a written report is filed with respect to it. All usual, customary, and reasonable site rehabilitation costs are eligible and any funds expended must be absorbed at the expense of the Superb Account, as available, without recourse to reimbursement or recovery, subject to the following exceptions:

(1) The provisions of this section do not apply to a site where the department has initiated an administrative or civil enforcement action before December 31, 1987.

(2) The provisions of this section do not apply to a site where the department has been denied site access to implement the provisions of this chapter.

(3) The provisions of this section must not be construed to authorize or require compensation from the Superb Account for any costs expended at a site which was either reported to the department or where rehabilitation commenced before December 31, 1987.

(4) The provisions of this section must not be construed to authorize or require compensation from the Superb Account for costs incurred at a site reported to the department between January 1, 1990, and July 1, 1991, unless the costs are in excess of the minimum financial responsibility required of the owner under the applicable provision of Section 44-2-70(A) which was in effect at the time the site was reported.

For all releases reported during the time period established in this section, all site rehabilitation costs must be submitted to the department on or before September 30, 1994, to be considered for payment. After September 30, 1994, no costs will be allowed unless prior approval is obtained from the department. Requests for cost approval must be in accordance with regulations promulgated pursuant to this chapter and criteria established by the department as authorized by this chapter."

H. Section 44-2-130 of the 1976 Code, as last amended by Section 43H, Part II, Act 501 of 1992, is further amended to read:

"Section 44-2-130. (A) For sites reported subsequent to June 30, 1993, and so long as funds are available in the Superb Account and except as otherwise provided in Sections 44-2-40 and 44-2-110, an owner or operator or his agent is eligible for compensation for usual, customary, and reasonable costs incurred for site rehabilitation in excess of twenty-five thousand dollars or in excess of the amount recoverable from the financial responsibility mechanism provided for this purpose, whichever is less. If a liability insurance policy or any other financial responsibility mechanism which provides financial responsibility coverage for sudden or nonsudden release of petroleum or petroleum products from an underground storage tank has been executed for a site at which compensation from the Superb Account is sought, no funds may be expended from the Superb Account until the funds provided by the financial responsibility mechanism have been exhausted.

(B) For all releases reported after June 30, 1993, all site rehabilitation costs must be submitted to the department on or before September 30, 1994, to be considered for payment. After September 30, 1994, no costs will be allowed unless prior approval is obtained from the department. Requests for cost approvals must be in accordance with regulations promulgated pursuant to this chapter and criteria established by the department as authorized by this chapter.

(C)(1) No owner or operator or his agent is entitled to compensation from the Superb Account for site rehabilitation unless rehabilitation is conducted in accordance with criteria established by the department and regulations promulgated by the department pursuant to Section 44-2-50(B).

(2) No owner or operator or his agent is entitled to compensation from the Superb Account for the costs of repair or replacement of any tank or equipment.

(D) Compensation from the Superb Account by an owner or operator or his agent conducting site rehabilitation through his own personnel or through contractors or subcontractors is not considered a state contract for purposes of procurement or subject to state bid requirements.

(E)(1) An owner or operator of an underground storage tank or his agent seeking to qualify for compensation from the Superb Account for site rehabilitation shall submit a written application to the department. The written application must be on a form specified by the department and include certification that site rehabilitation is necessary, the tanks at the site have been registered in compliance with applicable law and regulations, and all registration fees have been paid. The department shall accept certification that the site is in need of rehabilitation if the certification is provided jointly by the owner or operator and a South Carolina registered professional geologist or engineer, and if the certification is supported with geotechnical data which reasonably justifies the claim. Upon final determination the department shall provide written notice to the applicant of its findings including detailed reasons for any denial. Any denial of an application must be appealable to the Board of Health and Environmental Control. The department is exempt from this time frame for applications which are received within three months of the close of the grace period allowed in Section 44-2-110.

(2) The owner or operator responsible for conducting the site rehabilitation or his agents shall keep and preserve suitable records of hydrological and other site assessments, site plans, contracts, accounts, invoices, or other transactions related to the cleanup and rehabilitation and the records must be accessible to the department during regular business hours.

(F) An owner or operator of an underground storage tank or his agent seeking compensation from the Superb Account must submit to the department a written request consisting of a plan for site rehabilitation and an associated cost proposal in accordance with regulations established by the department. The department shall make payments as expeditiously as possible for invoices submitted in accordance with regulations. However, payment for any properly justified invoice after ninety days of receipt shall include interest compounded daily for the amount of approved costs at the same legal interest rate provided by Section 34-31-20(A). For invoices submitted to the department after July 1, 1994, no interest may be paid pursuant to this paragraph. Interest continues to accrue and must be paid for invoices submitted to the department before July 1, 1994, which meet the requirements of this paragraph.

(G) The provisions of this section do not apply to rehabilitation of a site owned or operated by the federal government."

I. This section takes effect July 1, 1994.

TO AMEND SECTION 9-8-60, AS AMENDED, OF THE 1976 CODE, RELATING TO ELIGIBILITY FOR RETIREMENT BENEFITS UNDER THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO PROVIDE THAT A RETIREE UNDER THIS SYSTEM WHO SUBSEQUENTLY IS ELECTED TO THE GENERAL ASSEMBLY MUST BE A MEMBER OF THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY UNLESS THE MEMBER ELECTS NOT TO BE A MEMBER BY FILING A WRITTEN STATEMENT WITH THE STATE BUDGET AND CONTROL BOARD ELECTING NOT TO PARTICIPATE; AND TO AMEND SECTION 9-8-120, AS AMENDED, RELATING TO THE RETURN OF A RETIRED JUDGE OR SOLICITOR TO STATE SERVICE, SO AS TO ELIMINATE REFERENCES TO CONDITIONS UNDER WHICH A RETIRED JUDGE OR SOLICITOR MAY RETAIN RETIREMENT BENEFITS FOLLOWING ELECTION TO THE GENERAL ASSEMBLY.

A. Section 9-8-60(1) of the 1976 Code, as last amended by Act 164 of 1993 is further amended to read:

"(1) A member of the system may retire upon written application to the board setting forth at what time, not later than his attaining age seventy-two and not more than ninety days prior nor more than six months subsequent to the execution and filing thereof, the member desires to be retired, if the member at the time so specified for retirement is no longer in the service of the State, except as a member of the General Assembly, and has completed ten years of credited service as a judge or solicitor or was in service as a judge or solicitor on July 1, 1984, and has either attained the age of sixty-five and completed at least twenty years of credited service, or attained age seventy and completed at least fifteen years of credit service, or attained age sixty-five with at least four years' service in the position and has at least twenty-five years' other service with the State, or completed at least twenty-five years of credited service regardless of age. A solicitor is eligible to retire upon completion of twenty-four years of credited service regardless of age. A person is not eligible to receive a retirement allowance under this system while under employment covered by the South Carolina Retirement System, and the South Carolina Police Officers Retirement System.

A person receiving retirement allowances under this system who is elected to the General Assembly continues to receive the retirement allowances while serving in the General Assembly and must also be a member of the General Assembly Retirement System unless the person 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. A person making this election shall not make contributions to the General Assembly Retirement System nor shall the State make contributions on the member's behalf and the person is not entitled to benefits from the General Assembly Retirement System after ceasing to be a member of the General Assembly."

B. Section 9-8-120(2) of the 1976 Code is amended to read:

"(2) Except as otherwise provided below, if this return is in a position other than as a solicitor, the beneficiary, upon cessation of service in the position, is entitled to apply for a retirement allowance at the same rate to which the beneficiary was previously entitled, disregarding any reduction therein resulting from a previous election of an option. If the beneficiary's return is as a member of the General Assembly, retirement allowances continue as provided by Section 9-8-60(1)."

TO PROVIDE THAT FEDERALLY QUALIFIED HEALTH CENTERS AND RURAL HEALTH CLINICS ARE DESIGNATED AS ESSENTIAL COMMUNITY PROVIDERS FOR UNDERSERVED PATIENTS AND MUST BE INCLUDED AS CONTRACTED ENTITIES IN ANY FORMULATION OF THE STATE HEALTH CARE SYSTEM.

Federally Qualified Health Centers (FQHC's) and Rural Health Clinics (RHC's) are recognized and designated as essential community providers for underserved patients which include Medicaid and Medicare recipients, the underinsured, and the uninsured. These populations require more extensive services by community based providers, and the FQHC's and RHC's have extensive experience and knowledge in providing quality, cost-effective care for these populations. The State shall include these essential community providers as contracted entities in any formulation of the state health care system. The inclusion of FQHC's and RHC's as contracted entities in the state health care system recognizes the importance of these providers to South Carolina and assures that the reimbursement to these essential community providers will be funded through cost-based reimbursement or a capitated fee based on reasonable costs.

TO AMEND CHAPTER 7, TITLE 20 OF THE 1976 CODE BY ADDING ARTICLE 24 SO AS TO ESTABLISH THE INTERAGENCY SYSTEM FOR CARING FOR EMOTIONALLY DISTURBED CHILDREN; TO PROVIDE FOR ITS PURPOSES, DUTIES, AND FUNCTIONS; TO IDENTIFY RESPONSIBILITIES OF STATE AGENCIES IN DEVELOPING THIS SYSTEM AND IN SERVING THESE CHILDREN; TO ESTABLISH THE SERVICES FUND FOR EMOTIONALLY DISTURBED CHILDREN TO FUND THIS SYSTEM; TO DIRECT THE DEPARTMENT OF SOCIAL SERVICES TO IMPLEMENT A PILOT PROGRAM IN CONNECTION WITH ITS RESPONSIBILITIES UNDER THIS SYSTEM; AND TO DIRECT CERTAIN STATE AGENCIES TO TRANSFER MONIES FOR THIS POPULATION TO THIS FUND.

A. Chapter 7, Title 20 of the 1976 Code is amended by adding:

Section 20-7-5710. There is established the Interagency System for Caring for Emotionally Disturbed Children, an integrated system of care to be developed by the Continuum of Care for Emotionally Disturbed Children of the Governor's Office, the Department of Disabilities and Special Needs, the State Health and Human Services Finance Commission, the Department of Mental Health, and the Department of Social Services to be implemented by November 1, 1994. The goal of the system is to implement South Carolina's Families First Policy and to support children in a manner that enables them to function in a community setting. The system shall provide assessment and evaluation procedures to insure a proper service plan and placement for each child. This system must have as a key component the clear identification of the agency accountable for monitoring on a regular basis each child's care plan and procedures to evaluate and certify the programs offered by providers.

Section 20-7-5720. The Department of Social Services, in conjunction with the other agencies involved in the Families First Initiative, shall design and manage a component of the Interagency System for Caring for Emotionally Disturbed Children, for families and children identified as in need of special support in the community or when necessary, in a substitute care setting. In an effort to reduce the number of children developing emotional and behavioral disorders, this component of the system must be designed to provide intense services for children who are at risk for removal or who must be removed from their families or who are having difficulty in substitute care and must include age appropriate substitute care. Services provided under this component of the system may be provided by the department to children who are not in the custody of the State. This component of the system must be implemented by January 1, 1995, and the department shall report quarterly to the Senate Finance Committee and the House Ways and Means Committee on the activities of this component of the system including, but not limited to, services provided clients served, and assessment of the progress and success of this component in carrying out the purposes of this section.

Section 20-7-5730. There is established the Services Fund for Emotionally Disturbed Children. The Interagency System for Caring for Emotionally Disturbed Children, as provided for in Section 20-7-5710, must be paid for solely by the fund and money in the fund must be used only to support the system. The fund must be administered by the Health and Human Services Finance Commission. The Department of Education shall continue to be billed a share of costs for covered children in the system as provided for under the Children's Case Resolution System. The Health and Human Services Finance Commission, in conjunction with other agencies participating in the system, shall develop billing and management protocols that maximize the use of the funds available."

B. The Continuum of Care for Emotionally Disturbed Children of the Governor's Office, the Department of Disabilities and Special Needs, the State Health and Human Services Finance Commission, the Department of Mental Health, and the Department of Social Services in conjunction with the Department of Juvenile Justice and the Department of Education shall develop a plan for incorporating the Department of Juvenile Justice and the Department of Education into the Interagency System for Caring for Emotionally Disturbed Children as provided for in Section 20-7-5710 of the 1976 Code as added by subsection A of this section. The plan must be submitted to the Health Care Planning and Oversight Committee and the Joint Legislative Committee on Children and Families by February 1, 1995. C. In conjunction with developing the component of the Interagency System for Caring for Emotionally Disturbed Children to provide care to families and children identified as in need of special support in the community or in substitute care, as provided for in Section 20-7-5720 of the 1976 Code as added by subsection A of this section, the Department of Social Services shall implement a pilot program in two counties by October 1, 1994. The pilot program must involve all the local health and human services agencies in each county that provide support to children in substitute care.

D. The Continuum of Care, the State Health and Human Services Finance Commission, the Department of Mental Health, the Department of Disabilities and Special Needs, and the Department of Social Services shall transfer to the Services Fund for Emotionally Disturbed Children, as established in Section 20-7-5730 as added by subsection A of this section, all state funds each agency has been appropriated or authorized to expend to purchase services or to use to match federal dollars to purchase services for emotionally disturbed children.

E. As of July 1, 1995, references to the State Health and Human Services Finance Commission mean the Department of Health and Human Services, and as funds permit, the Code Commissioner shall change these references in the 1976 Code to conform to this subsection.

F. This section takes effect July 1, 1994.

TO AMEND THE 1976 CODE BY ADDING SECTION 56-3-2335 SO AS TO PROVIDE FOR RESEARCH AND DEVELOPMENT LICENSE PLATES AND SECTION 12-37-2722 SO AS TO PROVIDE EXEMPTIONS FROM THE MOTOR VEHICLE TAX.

A. Article 25, Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Section 56-3-2335. (A) As used in this section, `research and development business' means a person who manufacturers tires in this State for use as original equipment on new and unused motor vehicles and who conducts research and development activities on tires in conjunction with the person's manufacturing activities in South Carolina.

(B) Upon application and payment of the required fee, the department may issue research and development license plates to a research and development business. The license plates must be used exclusively on motor vehicles, including motorcycles, provided by a motor vehicle manufacturer to the research and development business for the purpose of testing and evaluating the performance of the research and development business' tires on the motor vehicle.

(C) Application for research and development license plates must be made by the research and development business on a form prescribed by the department and submitted with proof of the applicant's status as a bona fide research and development business. The cost of each research and development license plate issued is two hundred dollars, of which one hundred sixty dollars must be remitted by the department to the county in which the testing facility of the business is located. Each plate is valid for two years. A maximum of thirty research and development license plates may be issued for the two-year period.

(D) Vehicles with research and development plates may be operated on the state's streets and highways only for the purpose of testing and evaluating the performance of the research and development business' tires on the motor vehicle."

B. The 1976 Code is amended by adding:

"Section 12-37-2722. This article does not apply to motor vehicles on which is used a research and development license plate issued by the department pursuant to Section 56-3-2335."

C. This section takes effect July 1, 1994.

TO AMEND THE 1976 CODE BY ADDING SECTIONS 57-3-130 THROUGH 57-3-190 SO AS TO TRANSFER CERTAIN MOTOR VEHICLE, TRUCK, MOBILE HOME, AND MODULAR PERMIT REQUIREMENTS TO TITLE 57 AND PROVIDE FOR THE TRANSFER OF RELATED RESPONSIBILITIES TO THE DEPARTMENT OF TRANSPORTATION; AND TO REPEAL SECTIONS 56-5-4170, 56-5-4175, 56-5-4180, 56-5-4185, 56-5-4190, 56-5-4200, AND 56-5-4205 RELATING TO THE PERMIT REQUIREMENTS.

A. The 1976 Code is amended by adding:

"Section 57-3-130. (A) Subject to the conditions prescribed in subsection (B), the Department of Transportation, in its discretion upon application in writing and good cause being shown that it is in the public interest, may issue special permits authorizing the applicants to operate or move vehicles or combinations of vehicles of a size and weight of vehicle or load exceeding the maximum specified in Article 33, Chapter 5 of Title 56 or otherwise not in conformity with the article upon a state highway. The application for the permit specifically must describe the vehicle and load to be operated or moved and the particular highways for which a permit to operate is requested. A permit must be carried in the vehicle or combination of vehicles to which it refers and must be open to inspection by a police officer or an authorized agent of the authority granting the permit. No person may violate the terms or conditions of the special permit. The Department of Transportation shall charge a fee of twenty dollars for each permit issued, and fees collected pursuant to this section must be placed in the state highway fund and used for defraying the cost of issuing and administering the permits and for other highway purposes.

(B)(1) The Department of Transportation may exercise its discretion in issuing permits for the movement of all types of vehicles which exceed the legal size and weight limits, if the:

(a) load carried on the vehicle cannot be disassembled readily;

(b) movements are made so as not to damage the highways nor unduly interfere with highway traffic.

(2) The Department of Transportation may limit or prescribe the conditions of operation of the vehicles provided for in item (1) and may require insurance or other security it considers necessary.

(3) The following are general provisions applicable to all oversize and overweight loads:

(a) The granting of a permit does not constitute a waiver of the license requirements imposed by South Carolina, does not waive the liability or responsibility of the applicant which might accrue for property damage, including damage to the highways, or for personal injuries, and does not exempt the applicant from compliance with the ordinances, rules, and regulations of a municipality.

(b) Before granting a permit, the Department of Transportation, at its discretion, may require the vehicle owner or operator to furnish a certificate showing the amount of public liability and property damage insurance carried.

(c) All vehicles shall meet the requirements of all applicable laws and regulations.

(d) Overwidth loads or mobile homes must be moved over sections of highways selected by the Department of Transportation.

(e) The Department of Transportation shall determine the speeds permitted loads are to operate under.

(f) The driver shall remove the towing vehicle along with the load or mobile home from the traveled way to allow closely following traffic, five vehicles maximum, to pass and proceed.

(4) Applications for overweight and oversize permits must be submitted on forms provided by the Department of Transportation and must include all the necessary information required. Each application must be accompanied by the permit fee before it may be issued. The permit fee accompanying an application that is rejected must be returned to the person or company named within the application.

(5) Special oversize and overweight trip permits for movement of vehicles or combinations of vehicles with individual loads on them in excess of the maximum sizes and weights allowed must receive special consideration by and have prior approval of the Department of Transportation before any part of the move to be undertaken.

(6) The State reserves the right to recall or not issue permits in accordance with the limitations provided in this section if there is an abuse of the permit or the permit would cause an unnecessary amount of disruption in the normal traffic flow.

(C) Notwithstanding the exemptions provided in Section 56-5-4020, the owner of vehicles or combinations of vehicles used to transport and spread soil improvement products exempted from load and size limitations shall obtain an annual special permit from the Department of Transportation which prescribes limitations on the exemption the Department of Transportation may determine necessary. The fee for the annual permits is five dollars. The fees must be used as prescribed for other fees collected pursuant to this section.

(D) The detailed implementation of this section does not have general applicability to the public as prescribed in Chapter 23 of Title 1. Additional procedures established by the Department of Transportation for implementation are exempt from the requirement of General Assembly approval required by that chapter when the procedures are established in accordance with this section.

Section 57-3-140. (A) The Department of Transportation, under the terms and conditions as in its judgment may be in the public interest for safety on the highways and in addition to other permits required by Title 57, may issue permits for the use on public highways of sheet tobacco trucks. For the purposes of this section 'sheet tobacco truck' is defined as a vehicle used to transport tobacco in sheets which does not exceed ninety-six inches in width at the truck bed and nine feet six inches at the widest part of the load above the truck bed. To be valid the permit must be carried on the towing vehicle, and it is unlawful for a person to violate a provision, term, or condition of the permit. The fee for each permit is fifteen dollars, and it authorizes the use of only one properly described sheet tobacco truck. The Department of Transportation may promulgate regulations to implement this section.

(B) A person violating subsection (A) or a regulation promulgated pursuant to this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days.

Section 57-3-150. The Department of Transportation, under the terms and conditions it considers to be in the best interest of the public for safety on the highways, may issue multiple trip permits for the moving of over-dimensional or overweight nondivisible loads over specified state highways determined by the Department of Transportation. The fee for the permit is fifty dollars, payable at the time of issuance, as long as a permit is purchased for each vehicle in the fleet, one hundred percent. A multiple trip permit is valid for one year from the date of issuance. To be valid, the original permit must be carried on the towing vehicle. It is unlawful for a person to violate a provision, term, or condition of the permit. The permit is subject at all times to inspection by a law enforcement officer or an authorized agent of the authority issuing the permit. A multiple trip permit is void one year from the date of issue or whenever the Department of Transportation is notified in writing that the permit has been lost, stolen, or destroyed.

Section 57-3-160. (A) Notwithstanding Section 56-5-4030 or another provision of Chapter 5 of Title 56, the Department of Transportation shall issue, under terms and conditions in the public interest for safety on the highways, a 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 may not exceed a width of one hundred seven inches and may not exceed a length of fifty feet extreme overall dimensions, 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 a 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 must not be operated on interstate highways.

(B) A person violating this section, a provision, term, or condition of the permit, or a regulation promulgated pursuant to this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days.

Section 57-3-170. Before issuance of an open-end permit, the permittee shall file with the Department of Transportation a:

(1) bond in the amount of five hundred dollars or a greater amount the applicant determines at all times equals or exceeds the net value of all open-end permits issued to the applicant by the Department of Transportation for which payment is not received at the time of issuance, payable to the department by a surety or guaranty company authorized to do business in this State and approved by the department as surety conditional upon the lawful movement of an oversize mobile home, modular home unit, or utility building over a highway in this State and the payment to the department of amounts when due for fees provided for in Sections 56-3-710 and 57-3-180 and the compliance with all of the terms, conditions, and restrictions of an oversize permit of any sort issued to the person filing bond; or

(2) deposit of cash or acceptable negotiable securities sufficient in the opinion of the Department of Transportation to secure adequately the sum of five hundred dollars or a greater amount the applicant may determine at all times equals or exceeds the net value of all open-end permits to be issued to the applicant by the Department of Transportation for which payment is not received at the time of issuance. The deposit must be made upon the same conditions as those required to be set forth in the bond provided for in item (1).

Section 57-3-180. All persons to whom open-end permits are issued shall file with the Department of Transportation before the twenty-first day of each January, April, July, and October reports showing the number of trips made during the preceding quarter ending on December thirty-first, March thirty-first, June thirtieth, and September thirtieth, respectively, the dates of the trips, and other information the department may require. The fee of ten dollars a trip, required to be paid pursuant to Section 56-3-710, must be paid to the Department of Transportation with each report filed. However, the fee for additional trips of less than twelve miles distance made under the open-end permits is one dollar a trip. Persons to whom open-end permits are issued shall maintain full and complete records of all oversize mobile homes, modular home units, or utility buildings moved, the records to be open to audit and inspection by the Department of Transportation and the Department of Public Safety.

Section 57-3-190. The Department of Transportation, in the public interest for safety on the highways, may issue open-end or annual permits for moving oversize loads and vehicles, oversize mobile homes, modular home units, utility buildings, and steel tanks, pursuant to Sections 57-3-160, 57-3-170, and 57-3-180. All heights may not exceed fourteen and one-half feet, and the owner of a transporter is responsible for damage which may occur."

B. Sections 56-5-4170, 56-5-4175, 56-5-4180, 56-5-4185, 56-5-4190, 56-5-4200, and 56-5-4205 of the 1976 Code are repealed.

C. This section takes effect July 1, 1994.

TO AMEND SECTION 56-1-390, AS AMENDED, OF THE 1976 CODE, RELATING TO LICENSE REINSTATEMENT FEES AND THEIR USE, AND SECTION 56-3-3950, AS AMENDED, RELATING TO "KEEP SOUTH CAROLINA BEAUTIFUL" LICENSE PLATES, SO AS TO ESTABLISH THE "KEEP SOUTH CAROLINA BEAUTIFUL FUND" WITHIN THE DEPARTMENT OF TRANSPORTATION; CLARIFY THE ADMINISTRATION OF THE FUND BY THE DEPARTMENT; AND CLARIFY REFERENCES TO DEPARTMENT.

A. Section 56-1-390 of the 1976 Code, as last amended by Section 1317, Act 181 of 1993, is further amended to read:

"Section 56-1-390. (1) Whenever the Department of Public Safety suspends or revokes the license of a person under its lawful authority, the license remains suspended or revoked and must not be reinstated or renewed nor may another license be issued to that person until he also remits to the department a reinstatement fee of thirty dollars.

(2) All fees collected by the department under this provision must be placed in the state general fund, except one dollar of the fees listed in subsection (1) must be credited to the `Keep South Carolina Beautiful Fund' established pursuant to Section 56-3-3950. From the `Keep South Carolina Beautiful Fund', the Department of Transportation shall expend funds necessary to employ, within the Department of Transportation, a person with training in horticulture to administer a program for beautifying the rights-of-way along state highways and roads."

B. Section 56-3-3950 of the 1976 Code, as last amended by Section 22NN, Part II, Act 164 of 1993, is further amended to read:

"Section 56-3-3950. The Department of Revenue and Taxation may issue a special commemorative `Keep South Carolina Beautiful' motor vehicle license plate to establish a special fund to be used by the Department of Transportation for the purposes of beautifying the state's roads and highways. The Department of Transportation, 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 must be placed in a special `Keep South Carolina Beautiful Fund' established within and administered by the Department of Transportation. 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."

C. This section takes effect July 1, 1994.

(D) Refunds paid pursuant to subsection (B) on behalf of an intestate deceased taxpayer must be paid as provided in subsection (C) and are subject to the terms and conditions provided in subsection (C) except that the refund amounts are as calculated under subsection (B)(4) and the Department of Revenue and Taxation shall perform the functions assigned to class counsel in subsection (C).

*See note at end of act.

TO AMEND SECTION 12-36-2110, AS AMENDED, OF THE 1976 CODE, RELATING TO THE MAXIMUM SALES TAX ON THE SALE OR LEASE OF CERTAIN ITEMS, SO AS TO EXTEND THE MAXIMUM TAX TO HORSE TRAILERS.

A. Section 12-36-2110(A)(5) of the 1976 Code, as added by Act 612 of 1990, is amended to read:

"(5) trailer or semitrailer, pulled by a truck tractor, as defined in Section 56-3-20, and horse trailers but not including house trailers or campers as defined in Section 56-3-710;"

B. This section takes effect July 1, 1994.

TO AMEND THE 1976 CODE BY ADDING SECTION 59-21-160 SO AS TO PROVIDE FOR THE METHOD OF DISTRIBUTION TO SCHOOL DISTRICTS OF STATE FUNDS APPROPRIATED FOR SCHOOL DISTRICT EMPLOYER CONTRIBUTIONS.

Article 1, Chapter 21, Title 59 of the 1976 Code is amended by adding:

"Section 59-21-160. Beginning with appropriations for school year 1998-99, state funds appropriated by the General Assembly for school district employer contributions must be allocated to individual school districts based on the Education Finance Act formula. State appropriations for school district employer contributions for school years before 1998-99 must be allocated using the EFA formula and the weighted pupil method in the following percentages:

        School Year         Weighted Pupil Method       EFA Formula

        1994-95             forty percent               sixty percent
        1995-96             thirty percent              seventy percent
        1996-97             twenty percent              eighty percent
        1997-98             ten percent                 ninety percent."

   "16.  Department of Archives and History

       New Facility                                      1,100,000
                                                         =========
    Total, Department of Archives and History            1,100,000

Of the funds authorized above for the new facility, the Department of Archives and History may only proceed with the expenditure of funds for architectural and engineering related work (A&E) for the proposed facility. The expenditure of funds for these purposes cannot exceed $1,100,000. All other project phases and related costs, including construction, may not proceed until all remaining project funds are authorized and can be made available."

*See note at end of act.

TO AMEND SECTION 39-41-255 OF THE 1976 CODE, RELATING TO THE REQUIREMENT THAT RETAIL MOTOR FUEL OUTLETS SHALL POST SELF-SERVICE PUMP GASOLINE PRICES, SO AS TO ALLOW THE POSTING ON THE PUMP PRICE MECHANISM OF THE PRICE OF THE TYPE OF GASOLINE AVAILABLE AT THAT PUMP TO SATISFY THE POSTING REQUIREMENTS OF THIS SECTION.

Section 39-41-255 of the 1976 Code, as added by Act 161 of 1993, is amended to read:

"Section 39-41-255. Every retail motor fuel outlet shall post in a conspicuous place the self-service pump price for each type of gasoline it has available; provided, that such posted price must include either the cash or the credit price but need not include both such prices. The manner in which the prices are posted must not conflict with any state or local laws or ordinances that regulate the size, use, or placement of billboards or signs. The posting on the pump price mechanism of the price of the type of gasoline available at that pump shall satisfy the requirement of this section."

TO AMEND SECTION 55-11-500 OF THE 1976 CODE, RELATING TO DEFINITIONS FOR PURPOSES OF STATE FUNDING OF AIR CARRIER HUB TERMINAL FACILITIES, SO AS TO EXTEND THE DEFINITION OF AIR CARRIER HUB TERMINAL FACILITY TO A FACILITY WITH AT LEAST FIVE COMMON CARRIER DEPARTING CARGO AND AIR FREIGHT FLIGHTS A DAY AT LEAST FIVE DAYS EACH WEEK.

Section 55-11-500(a) of the 1976 Code is amended to read:

"(a) an `air carrier hub terminal facility' is an airport terminal facility from which an air carrier certified or licensed by the Federal Aviation Administration shall or will operate either:

(1) at least twenty common carrier departing flights a day on which the general public may fly seven days a week, fifty-two weeks a year. No less than seventy percent of all seats on these aircraft arriving at or departing from an air carrier terminal facility must be on jet aircraft capable of carrying at least one hundred passengers on each flight; or

(2) at least five common carrier departing flights a day for the purpose of transporting cargo and air freight at least five days each week."

TO AMEND SECTION 12-37-220, AS AMENDED, OF THE 1976 CODE, RELATING TO PROPERTY TAX EXEMPTIONS FOR POLLUTION CONTROL EQUIPMENT, SO AS TO SET THE VALUE ELIGIBLE FOR THE EXEMPTION FOR CERTAIN EQUIPMENT WHICH SERVES A DUAL PURPOSE.

A. Section 12-37-220(A)(8) of the 1976 Code, as last amended by Section 200, Act 181 of 1993, is further amended to read:

"(8) all facilities or equipment of industrial plants which are designed for the elimination, mitigation, prevention, treatment, abatement, or control of water, air, or noise pollution, both internal and external, required by the state or federal government and used in the conduct of their business. At the request of the Department of Revenue and Taxation the Department of Health and Environmental Control shall investigate the property of any manufacturer or company, eligible for the exemption to determine the portion of the property that qualifies as pollution control property. Upon investigation of the property, the Department of Health and Environmental Control shall furnish the Department of Revenue and Taxation with a detailed listing of the property that qualifies as pollution control property. For equipment that serves a dual purpose of production and pollution control, the value eligible for the ad valorem exemption is the difference in cost between this equipment and equipment of similar production capacity or capability without the ability to control pollution , except that the value eligible for the ad valorem exemption for equipment that serves a dual purpose of production of greige goods and pollution control is twenty percent of the cost of the equipment;"

B. This section takes effect upon approval by the Governor and applies for property for tax years beginning after 1993.

TO AMEND CHAPTER 111, TITLE 59 OF THE 1976 CODE BY ADDING ARTICLE 9 SO AS TO CREATE THE ENVIRONMENTAL SCHOLARS ENDOWMENT FUND FOR THE PURPOSE OF ESTABLISHING ENVIRONMENTAL SCHOLARS ENDOWMENTS AT QUALIFYING INSTITUTIONS TO AWARD SCHOLARSHIPS OR FELLOWSHIPS TO STUDENTS PURSUING CERTAIN DEGREES IN ENVIRONMENTAL STUDIES OR ENVIRONMENTAL SCIENCES; TO PROVIDE FOR THE FINANCING OF THE FUND AND REQUIREMENTS FOR THE ESTABLISHMENT OF ENDOWMENTS BY THE QUALIFYING INSTITUTIONS.

Chapter 111, Title 59 of the 1976 Code is amended by adding:

Section 59-111-710. For purposes of this article, `qualifying institution' or `institution' means a state-supported post-secondary educational institution offering a master or doctoral degree program in environmental studies or environmental sciences on July 1, 1994.

Section 59-111-720. (A) There is created the Environmental Scholars Endowment Fund, known as `the fund', which must be separate and distinct from the general fund of the State. The fund must be financed through the collection and deposit of fines and penalty assessments levied by the South Carolina Department of Health and Environmental Control pursuant to the State Safe Drinking Water Act, Sections 44-55-10, et seq., the South Carolina Hazardous Waste Management Act, Sections 44-56-10, et seq., low-level radioactive waste fines pursuant to Sections 48-48-10, et seq., and the South Carolina Pollution Control Act, Sections 48-1-10, et seq. However, the portion of the Pollution Control Act fines distributed to the counties pursuant to Section 48-1-350 must not be placed into the fund.

(B) The collection and deposit of fines and penalties to the fund pursuant to this section shall continue until such time as the fund reaches four hundred thousand dollars at which time all subsequent fines and penalties must be deposited in the general fund.

Section 59-111-730. (A) After the fund has reached four hundred thousand dollars, each qualifying institution may request the transfer of one hundred thousand dollars for the sole purpose of being held and administered by the institution as the corpus of a perpetual endowment fund known as the `Environmental Scholars Endowment'. Only an annual amount no greater than the annual interest income earned from the corpus of the endowment is to be expended for the award of scholarships or fellowships to students pursuing graduate level degrees in environmental studies or environmental sciences. The corpus of the fund must not be invaded by the institution.

(B) A qualifying institution that establishes an Environmental Scholars Endowment must agree to raise one hundred thousand dollars in private match funds before July 1, 1999. If an institution fails to raise the one hundred thousand dollars in private match funds before July 1, 1999, the corpus of the endowment reverts to the fund.

Section 59-111-740. The criteria, selection process, and amount of awards for scholarships or fellowships from an Environmental Scholars Endowment must be established by each qualifying institution. However, a recipient of a scholarship or fellowship must be currently enrolled or accepted for enrollment in a master or doctoral degree program in environmental studies or environmental sciences. Each institution also must establish application procedures that ensure equitable minority participation in the selection process. Preference must be given to those applicants who are residents of South Carolina. A recipient of a scholarship or a fellowship must complete a year-long internship in South Carolina arranged by or with the approval of the institution prior to the award of their degree.

Section 59-111-750. After the fund has reached four hundred thousand dollars, the State Board for Comprehensive and Technical Education, known as `the board', also may request the transfer of one hundred thousand dollars from the fund to the board to establish and administer an Environmental Scholars Endowment for the award of scholarships to eligible students currently enrolled or accepted for enrollment in a technical education degree program in environmental studies or environmental sciences. This article applies to the board in its administration of the endowment except that private match funds are not required. The board shall establish written guidelines for the application, review, and selection process which must be furnished to eligible students through the technical education colleges.

Section 59-111-760. Each qualifying institution and the board annually shall prepare an independent accounting of all of the funds in its Environmental Scholars Endowment, including a statement of the value of the corpus of the fund, the income derived from the corpus, and the specific uses to which the income has been applied. The reports must be kept on file at the institution and at the board and must be available for inspection upon request.

Section 59-111-770. Any funds remaining in the fund July 1, 1999, or any funds which have reverted to the fund pursuant to Section 59-111-730(B), shall be distributed equally among the board if it has established an endowment and each qualifying institution that has established an endowment and raised the required match funds. Funds distributed pursuant to this section must be used only for the purpose of increasing the corpus of the endowment. Upon final disbursement of all funds in accordance with this section, the fund shall be dissolved."

TO AMEND SECTION 56-3-1290 OF THE 1976 CODE, RELATING TO THE TRANSFER OF LICENSE PLATES, SO AS TO PROVIDE FOR THE ASSIGNMENT INSTEAD OF ISSUANCE OF LICENSE PLATES, FOR LEASED AS WELL AS OWNED VEHICLES, AND FOR THE DEPOSIT OF RELATED FEES.

A. Section 56-3-1290 of the 1976 Code is amended to read:

"Section 56-3-1290. The department , upon application and the payment of a fee of three dollars, shall transfer the license plate previously assigned to an owner or lessee for one vehicle to another vehicle of the same general type owned or leased by the same person. Fees paid pursuant to this section must be deposited in the state general fund."

B. This section takes effect July 1, 1994.

TO AMEND THE 1976 CODE BY ADDING SECTION 15-38-65 SO AS TO PROVIDE THAT THE UNIFORM CONTRIBUTION AMONG TORTFEASORS ACT DOES NOT APPLY TO GOVERNMENTAL ENTITIES AND GOVERNMENTAL EMPLOYEES ACTING WITHIN THE SCOPE OF THEIR OFFICIAL DUTIES AND THAT THE TORT CLAIMS ACT IS THE SOLE REMEDY FOR ANY TORT COMMITTED BY AN EMPLOYEE OF A GOVERNMENTAL ENTITY ACTING WITHIN THE SCOPE OF HIS OFFICIAL DUTY; AND TO PROVIDE THAT CERTAIN PROVISIONS OF SECTIONS 15-78-100 AND 15-78-120 OF THE 1976 CODE ARE REENACTED AND MADE RETROACTIVE TO APRIL 5, 1988, UNDER CERTAIN CONDITIONS AND TO PROVIDE CERTAIN EXCEPTIONS.

A. Chapter 38, Title 15 of the 1976 Code is amended by adding:

"Section 15-38-65. No payment shall be made from state appropriated funds or other public funds to satisfy claims or judgments against governmental entities or governmental employees acting within the scope of their official duties arising under the Uniform Contribution Among Tortfeasors Act. The South Carolina Tort Claims Act is the exclusive and sole remedy for any tort committed by an employee of a governmental entity while acting within the scope of his official duty. The Uniform Contribution Among Tortfeasors Act shall not apply to governmental entities."

B. (1) The provisions of Section 15-78-120(a)(1) of the 1976 Code are reenacted and made retroactive to April 5, 1988, the effective date of the South Carolina Contribution Among Tortfeasors Act, except for causes of action that have been filed in a court of competent jurisdiction before July 1, 1994.

(2) The provisions of Section 15-78-100(c) of the 1976 Code, are reenacted and made retroactive to April 5, 1988, the effective date of the South Carolina Contribution Among Tortfeasors Act, except for causes of action that have been filed in a court of competent jurisdiction before July 1, 1994.

C. If any subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this section is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this section, the General Assembly hereby declaring that it would have passed this section, and each and every subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

D. This section takes effect July 1, 1994.

TO AMEND CHAPTER 3, TITLE 23 OF THE 1976 CODE, RELATING TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, BY ADDING ARTICLE 7 SO AS TO CREATE A SEX OFFENDER REGISTRY WHICH REQUIRES STATE RESIDENTS WHO HAVE BEEN CONVICTED OF CERTAIN SEX OR OTHER OFFENSES TO REGISTER WITH THE SHERIFF OF THE COUNTY IN WHICH THEY RESIDE.

A. Chapter 3, Title 23 of the 1976 Code is amended by adding:

Section 23-3-400. The intent of this article is to promote the State's fundamental right to provide for public health, welfare and safety of its citizens. Notwithstanding this legitimate state purpose, these provisions are not intended to violate the guaranteed constitutional rights of those who have violated our nation's laws.

The sex offender registry will provide law enforcement with the tools needed in investigating criminal offenses. Statistics show that sex offenders often pose a high risk of re-offending. Additionally, law enforcement's efforts to protect communities, conduct investigations, and apprehend offenders who commit sex offenses, are impaired by the lack of information about these convicted offenders who live within the law enforcement agency's jurisdiction.

Section 23-3-410. The registry is under the direction of the chief of the State Law Enforcement Division (SLED) and may be organized and structured in a manner as the chief considers appropriate to ensure the availability of information regarding the location of persons convicted of certain offenses. SLED shall develop and operate the registry to collect, analyze, and maintain information, to make information available to every enforcement agency in this State and in other states, and to establish a security system to ensure that only authorized personnel may gain access to information gathered under this article.

Section 23-3-420. The State Law Enforcement Division shall promulgate regulations prescribing:

(1) procedures for accepting and disseminating information maintained;

(2) the confidentiality of the data and information maintained in the registry;

(3) the proper disposition of all obsolete data;

(4) forms necessary for the efficient and proper operation of the registry.

Section 23-3-430. Any person, regardless of age, residing in the State of South Carolina who has been convicted in this State, or who has been convicted in any comparable court in the United States, or who has been convicted in the United States federal courts, of the offenses described below or of similar offenses in other jurisdictions shall be required to register pursuant to the provisions of this Article. For purposes of this article, a person convicted of any of these offenses shall be referred to as an offender.

(1) criminal sexual conduct in the first degree (Section 16-3-652)

(2) criminal sexual conduct in the second degree (Section 16-3-653)

(3) criminal sexual conduct in the third degree (Section 16-3-654)

(4) criminal sexual conduct with minors (Section 16-3-655)

(5) engaging a child for sexual performance (Section 16-3-810)

(6) producing, directing or promoting sexual performance by a child (Section 16-3-820)

(7) criminal sexual conduct: assaults with intent to commit (Section 16-3-656)

(8) kidnapping (Section 16-3-910)

(9) incest (Section 16-15-20)

(10) buggery (Section 16-15-120)

(11) indecent exposure (Section 16-15-130)

(12) committing or attempting lewd act upon child under fourteen (Section 16-15-140)

(13) eavesdropping or peeping (Section 16-17-470)

(14) conspiracy to kidnap (Section 16-3-920)

(15) violations of Article 3, Chapter 15 of Title 16 involving a minor which violations are felonies.

Section 23-3-440. (1) Prior to an offender's release from the Department of Corrections after completion of the term of imprisonment, or being placed on parole, the Department of Corrections or the Department of Probation, Parole and Pardon Services, as applicable, shall notify the sheriff of the county where the offender intends to reside and SLED that the offender is being released and has provided an address within the jurisdiction of the sheriff for that county. The Department of Corrections shall provide verbal and written notification to the offender that he must register with the sheriff of the county in which he intends to reside within twenty-four hours of his release. Further, the Department of Corrections shall obtain descriptive information of the offender, including a current photograph prior to release.

(2) The Department of Probation, Parole and Pardon Services shall notify SLED and the sheriff of the county where an offender is residing when the offender is sentenced to probation or is a new resident of the State who must be supervised by the department. The Department of Probation, Parole and Pardon Services also shall provide verbal and written notification to the offender that he must register with the sheriff of the county in which he intends to reside. An offender who is sentenced to probation must register within ten days of sentencing. Further, the Department of Probation, Parole and Pardon Services shall obtain descriptive information of the offender, including a current photograph that is to be updated annually prior expiration of the probation sentence.

(3) The Department of Juvenile Justice shall notify SLED and the sheriff of the county where an offender is residing when the offender is released from a Department of Juvenile Justice facility or when the Department of Juvenile Justice is required to supervise the actions of the juvenile. The Department of Juvenile Justice must provide verbal and written notification to the juvenile and his parent, legal guardian, or custodian that the juvenile must register with the sheriff of the county in which the juvenile resides. The juvenile must register within twenty-four hours of his release or within ten days if he was not confined to a Department of Juvenile Justice's facility.

(4) The Department of Corrections, the Department of Probation, Parole and Pardon Services, and the Department of Juvenile Justice shall provide to SLED the initial registry information regarding the offender prior to his release from imprisonment or relief of supervision. This information shall be collected in the event the offender fails to register with his county sheriff.

Section 23-3-450. The offender shall register with the sheriff of the county in which he resides. To register, the offender must provide information as prescribed by the SLED. The county sheriff shall then forward to SLED the registry information and any updated information regarding the offender. A copy of this information must be kept by the sheriff's department.

Section 23-3-460. Any person required to register under this article shall be required to register annually for a period of life. The offender shall register at the sheriff's department in the county where he resides.

If any person required to register under this article changes his address within the same county, that person must send written notice of the change of address to the county sheriff within ten days of establishing the new residence.

If any person required to register under this section changes his address into another county in South Carolina, the person must register with the county sheriff in the new county within ten days of establishing the new residence. The person must also provide written notice within ten days of the change of address in the previous county to the county sheriff with whom the person last registered.

If any person required to register under this article moves outside of South Carolina, the person must provide written notice within ten days of the change of address to a new state to the county sheriff with whom the person last registered.

If any person required to register under this article moves to South Carolina from another state and is not under the jurisdiction of the State Department of Corrections, the State Probation and Parole Services, or the Department of Juvenile Justice at the time of moving to South Carolina, must register within sixty days of establishing residence, or re-establishing residence, if the person is a former South Carolina resident.

The South Carolina Department of Motor Vehicles shall inform in writing to any new resident who applies for a drivers license, a chauffeur's license, vehicle tag or a state identification card the obligation of those offenders to register.

Section 23-3-470. It is the duty of the offender to contact the sheriff in order to register. The failure of an offender to register as required by this article is a felony and, upon conviction, the offender must be:

(1) fined one thousand dollars and sentenced to a mandatory ninety days in jail for a first or second offense. In no event does the court have the power to absolve a person who willfully violates this section; and

(2) sentenced to a mandatory one year not to exceed five years imprisonment and may be fined one thousand dollars for a third or subsequent offense. In no event does the court have the power to absolve a person who willfully violates this section from the obligation of serving at least one year of imprisonment.

Section 23-3-480. An arrest on charges of failure to register, service of an information, or a complaint for failure to register, or arraignment on charges of failure to register, constitutes actual notice of the duty to register. A person charged with the crime of failure to register who asserts as a defense the lack of notice of the duty to register shall register immediately following actual notice through arrest, service, or arraignment. Failure to register after notice as required by this article constitutes grounds for filing another charge of failure to register. Registering following arrest, service, or arraignment on charges does not relieve the offender from the criminal penalty for failure to register before the filing of the original charge.

Section 23-3-490. Information collected for the offender registry shall not be open to inspection by the public. The information shall be made available only to law enforcement, investigative agencies and those authorized by the court."

B. This section takes effect July 1, 1994.

"(a) be a citizen of the United States;"

*See note at end of act.

TO AMEND SECTION 2-7-76 OF THE 1976 CODE, RELATING TO THE REQUIREMENT FOR A FISCAL IMPACT STATEMENT ON A BILL REQUIRING THE EXPENDITURE OF FUNDS BY A COUNTY OR MUNICIPALITY, SO AS TO EXTEND THE REQUIREMENT TO A BILL RELATING TO TAXES FOR ALL POLITICAL SUBDIVISIONS OF THE STATE.

Section 2-7-76 of the 1976 Code, as added by Part II, Section 27, Act 171 of 1991, is amended to read:

"Section 2-7-76. Whenever a bill or resolution requires a county or municipality to expend funds allocated to the county or municipality under Chapter 27 of Title 6, or whenever a bill or resolution is introduced in the General Assembly to require the expenditure of funds by a county or municipality, or whenever a bill or resolution requires the use of county or municipal personnel, facilities, or equipment to implement a general law or regulations promulgated pursuant to a general law, or whenever a bill relates to taxes imposed by political subdivisions, the chairman of the legislative committee to which the bill or resolution was referred shall direct the Budget Division or the Department of Revenue and Taxation, as appropriate, to prepare and affix to it a statement of the estimated fiscal or revenue impact and cost to the counties and municipalities of the proposed legislation prior to the legislation being reported out of that committee. A revised estimated fiscal or revenue impact and cost statement must be prepared at the direction of the presiding officer of the House of Representatives or the Senate by the Budget Division or Department of Revenue and Taxation prior to third reading of the bill or resolution, if there is a significant amendment to the bill or resolution. For purposes of this section, political subdivision means a county, municipality, school district, special purpose district, public service district, or consolidated political subdivision."

TO AMEND SECTION 48-39-145, AS AMENDED, OF THE 1976 CODE, RELATING TO PERMITS FOR ALTERATION OF CRITICAL AREAS IN THE COASTAL TIDELANDS AND WETLANDS, SO AS TO INCREASE THE AMOUNT FROM FIFTY DOLLARS TO FIFTY-ONE DOLLARS THAT THE DEPARTMENT MAY CHARGE FOR AN APPLICATION FEE; TO PROVIDE REQUIREMENTS FOR CONSTRUCTION OF MARINA AND COMMERCIAL DOCK FACILITIES; AND TO DELETE THE PROVISIONS FOR FORWARDING FEES.

A. Section 48-39-145 of the 1976 Code, as last amended by Section 1235, Act 181 of 1993, is further amended to read:

"Section 48-39-145. (A) The department may charge an administrative fee upon application for a permit for alteration of a critical area as defined in Section 48-39-10. Applications for permits which are noncommercial/nonindustrial in nature and provide personal benefits that have no connection with a commercial/industrial enterprise must be charged an administrative fee not to exceed fifty-one dollars. A reasonable fee, determined by the department, must be charged for permit applications when the planned or ultimate purpose of the activity is commercial or industrial in nature.

(B) Permit applicants for construction of marina and commercial dock facilities pursuant to this section are not required to demonstrate a need for the facilities before consideration of the application."

B. This section takes effect July 1, 1994.

TO AMEND SECTION 1-20-10, AS AMENDED, OF THE 1976 CODE, RELATING TO INFORMATION REQUIRED TO BE FURNISHED TO THE STATE REORGANIZATION COMMISSION BY THE LEGISLATIVE AUDIT COUNCIL, SO AS TO REQUIRE THE COUNCIL TO FURNISH THE EFFECTIVENESS, IN ADDITION TO THE EFFICIENCY OF THE ADMINISTRATION OF THE PROGRAMS OR FUNCTIONS OF THE AGENCY UNDER REVIEW; TO AMEND SECTION 1-20-50, AS AMENDED, RELATING TO TERMINATION DATES FOR PARTICULAR AGENCIES, SO AS TO DELETE THE TIMETABLE FOR TERMINATION OF THESE AGENCIES AND PROVIDE THAT THE REORGANIZATION COMMISSION SHALL DETERMINE ANNUALLY WHICH AGENCIES OR AGENCIES' PROGRAMS, OR BOTH, ARE TO BE TERMINATED, AND PROVIDE THAT ON OR BEFORE THE FIRST DAY OF JULY OF EACH YEAR, THE COMMISSION SHALL NOTIFY THE LEGISLATIVE AUDIT COUNCIL AND THE AGENCY TO BE REVIEWED OF THE AGENCY'S TERMINATION DATE, AND PROVIDE THAT THE AGENCY SHALL TERMINATE ON THE THIRTIETH OF JUNE FOLLOWING THE RELEASE OF THE AUDIT COUNCIL'S REPORT; AND TO AMEND SECTION 1-20-60, AS AMENDED, RELATING TO THE REAUTHORIZATION OF THE EXISTENCE OF AN AGENCY SCHEDULED FOR TERMINATION, SO AS TO DELETE THE PROVISIONS RELATING TO REAUTHORIZING AN AGENCY AND ITS REGULATIONS FOR PERIODS NOT TO EXCEED SIX YEARS.

A. Section 1-20-10(4) of the 1976 Code is amended to read:

"(4) the efficiency and effectiveness of the administration of the programs or functions of the agency under review;"

B. Section 1-20-50 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 1-20-50. Annually, the State Reorganization Commission shall determine which agencies or agencies' programs, or both, are to be terminated under the provisions of this chapter. On or before the first day of July each year, the State Reorganization Commission shall notify the Legislative Audit Council and the agency to be reviewed of the agency's terminating date. The agency shall terminate on the thirtieth of June following the release of the Audit Council's report."

C. Section 1-20-60 of the 1976 Code, as last amended by Act 592 of 1988, is further amended to read:

"Section 1-20-60. The existence of any state agency and its regulations that may be scheduled for termination under this chapter may be reauthorized by the General Assembly."

D. This section takes effect upon approval by the Governor.

TO AMEND SECTION 4-29-67, AS AMENDED, OF THE 1976 CODE, RELATING TO THE FEE IN LIEU OF TAXES FOR CERTAIN MANUFACTURING PROJECTS, SO AS TO PROVIDE FOR A REDUCTION IN THE MINIMUM EIGHTY-FIVE MILLION DOLLARS INVESTMENT THRESHOLD BASED ON THE NUMBER OF JOBS CREATED BY THE PROJECT.

Section 4-29-67 of the 1976 Code, as last amended by Acts 123 and 181 of 1993, is further amended by adding at the end:

"(Z) Notwithstanding any provision of Section 4-29-60 or this section:

(1) If at least two hundred new full-time jobs are created within the time period for qualifying expenditures set forth in subsection (I), the minimum level of investment required in order for property to qualify for the payment in lieu of taxes (fee) as provided in this section is sixty million dollars.

(2) If at least three hundred new full-time jobs are created within the time period for qualifying expenditures set forth in subsection (I), the minimum level of investment required in order for property to qualify for the payment in lieu of taxes (fee) as provided in this section is forty million dollars.

(3) If at least four hundred new full-time jobs are created within the time period for qualifying expenditures set forth in subsection (I), the minimum level of investment required in order for property to qualify for the payment in lieu of taxes (fee) as provided in this section is twenty million dollars.

(4) If the dollar amount in item (1), (2), or (3) applies, the applicable amount is substituted for each reference in this section to eighty-five million dollars.

(5) For purposes of this subsection, the terms `full-time' and `new job' are defined as provided in Section 12-7-1220."

TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM SALES TAX, SO AS TO EXEMPT POSTAGE PURCHASED BY A PERSON ENGAGED IN THE BUSINESS OF MAILING OR DIRECTING THE MAILING OF THE PRINTED ADVERTISING MATERIAL THROUGH THE UNITED STATES MAIL DIRECTLY TO CUSTOMERS OR POTENTIAL CUSTOMERS.

A. Section 12-36-2120 of the 1976 Code is amended by adding an appropriately numbered item to read:

"( ) postage purchased by a person engaged in the business of selling advertising services for clients consisting of mailing, or directing the mailing of, printed advertising material through the United States mail directly to the client's customers or potential customers or by a person to mail or direct the mailing of printed advertising material through the United States mail to a potential customer;"

B. The item added to Section 12-36-2120 of the 1976 Code by this section is intended to be a clarification and not a change in existing law.

C. This section takes effect July 1, 1994.

TO AMEND SECTION 12-36-110 OF THE 1976 CODE, RELATING TO THE DEFINITION OF A RETAIL SALE, SO AS TO INCLUDE IN THE DEFINITION COIN OPERATED TELEPHONE (COCOT) PROVIDERS.

Section 12-36-110(1) of the 1976 Code is amended by adding an appropriately lettered subitem to read:

"( ) sales of all local telecommunications services by local exchange companies (LECs) to customer owned coin-operated telephone (COCOT) providers, as those terms are defined by the South Carolina Public Service Commission. The COCOT providers that purchase these services in order to provide payphone services to their customers are considered to be the users and consumers of the services, and are not subject to sales tax for their subsequent sale of local telecommunications services to their COCOT customers."

TO PROVIDE FOR THE "MOTOR VEHICLE CUSTOMER SERVICE ACT OF 1994"; TO AMEND THE 1976 CODE BY ADDING SECTION 56-3-2335 SO AS TO PROVIDE FOR LICENSED MOTOR VEHICLE DEALERS TO ISSUE FIRST-TIME MOTOR VEHICLE REGISTRATIONS AND LICENSE TAGS DIRECTLY FROM THE DEALERSHIP; TO AMEND SECTION 12-36-1710, AS AMENDED, RELATING TO THE CASUAL EXCISE TAX, SO AS TO CHANGE REFERENCES TO COMMISSION TO DEPARTMENT AND REVISE THE REQUIREMENTS FOR SUBMISSION OF A BILL OF SALE; TO AMEND SECTION 56-1-40, AS AMENDED, RELATING TO PERSONS TO WHOM A DRIVER'S LICENSE MUST NOT BE ISSUED, SO AS TO REVISE THE CONDITIONS TO WHICH THE PROHIBITION APPLIES; TO AMEND SECTION 56-1-50, AS AMENDED, RELATING TO A BEGINNER'S DRIVING PERMIT, SO AS TO REVISE THE TIME FOR WHICH THE PERMIT IS ISSUED AND ITS FEE; TO AMEND SECTION 56-1-80, AS AMENDED, RELATING TO APPLICATIONS FOR LICENSES AND PERMITS, SO AS TO INCLUDE PERMITS AS WELL AS LICENSES IN THE REQUIREMENT FOR VERIFICATION OF LIABILITY INSURANCE COVERAGE; TO AMEND SECTION 56-1-100, RELATING TO APPLICATIONS FOR LICENSES AND PERMITS BY UNEMANCIPATED MINORS, SO AS TO PROVIDE FOR VERIFICATION OF RENEWAL APPLICATIONS; TO AMEND SECTION 56-3-210, RELATING TO THE TIME REQUIRED TO PROCURE A MOTOR VEHICLE REGISTRATION AND LICENSE, SO AS TO EXTEND THE TIME; TO AMEND SECTION 56-3-230, RELATING TO APPLICATIONS FOR THE REGISTRATION AND LICENSING OF MOTOR VEHICLES, SO AS TO DELETE THE SIGNATURE ACKNOWLEDGEMENT REQUIREMENT FOR APPLICATIONS; TO AMEND SECTION 56-3-2320, AS AMENDED, RELATING TO DEALER AND WHOLESALER LICENSE PLATES, SO AS TO PROVIDE FOR THE USE OF DEALER LICENSE PLATES IN DRIVER EDUCATION PROGRAMS; TO AMEND SECTION 56-10-10, AS AMENDED, RELATING TO THE REQUIREMENT FOR MOTOR VEHICLE FINANCIAL SECURITY, SO AS TO REVISE THE INSURANCE EVIDENCE REQUIREMENT; AND TO AMEND SECTION 56-15-320, AS AMENDED, RELATING TO APPLICATIONS AND REQUIREMENTS FOR WHOLESALER AND DEALER LICENSES, SO AS TO DELETE THE BOND OR PROPER CONTINUATION CERTIFICATE REQUIREMENT BEFORE LICENSE RENEWAL.

A. This section is known as the "Motor Vehicle Customer Service Act of 1994".

B. The 1976 Code is amended by adding:

"Section 56-3-2335. The Department of Revenue and Taxation or its designated agent may allow licensed motor vehicle dealers to issue first time motor vehicle registrations and license tags directly from the dealership. A dealership shall apply to the department upon forms approved and provided by the department. The department may request information necessary to ensure the integrity of the current licensing system. The department may allow or refuse a dealership the right to issue motor vehicle registrations or license tags based upon criteria established by the department. If a dealership previously is denied the privilege to issue registrations and tags, upon meeting the established criteria, the dealership may be allowed to issue registrations or tags. If in the opinion of the department a bond is necessary to ensure the payment fees associated with the registering and licensing of a vehicle, the department may require a bond not to exceed the estimated value of new tags and validation stickers held by the dealership or the department's designated agent."

C. Section 12-36-1710(F) of the 1976 Code, as last amended by Section 74A, Act 612 of 1990, is further amended to read:

"(F) The department shall require every applicant for a certificate of title to supply information it considers necessary as to the time of purchase, the purchase price, and other information relative to the determination of fair market value. If the excise tax is based upon total purchase price as defined in this section, the department shall require a submission of a bill of sale and the signature of the owner subject to the perjury statutes of this State."

D. Section 56-1-40 of the 1976 Code, as last amended by Act 26 of 1993, is further amended to read:

"Section 56-1-40. The department may not issue a motor vehicle driver's license to or renew the driver's license of a person:

(1) who is under sixteen years of age. However, the department may issue a beginner's or instruction permit as provided in Sections 56-1-50 and 56-1-60 to a person who is at least fifteen years of age, and the department may issue a special restricted driver's license to a person who is at least fifteen years of age and less than sixteen years of age as provided in Section 56-1-180;

(2) whose driver's license or privilege to operate a motor vehicle currently is suspended or revoked in this State or another jurisdiction or whose driver's license or privilege to operate a motor vehicle is subject to being suspended in this State or another jurisdiction as a result of a conviction or another adjudication which authorizes or requires the suspension or revocation of a motor vehicle driver's license under the laws of this State, except as otherwise provided for in this chapter;

(3) who is an habitual user of alcohol or any other drug to a degree which prevents him from safely operating a motor vehicle;

(4) who has a mental or physical condition which prevents him from safely operating a motor vehicle;

(5) who is required by this article to take an examination, unless the person successfully has passed the examination;

(6) who is required under the laws of this State to provide proof of financial responsibility and has not provided the proof;

(7) who is not a resident of South Carolina, except for persons from other countries who are present in South Carolina on a student visa or on a work visa or the dependents of the student or worker who may be issued a license. However, the granting of the license is not evidence of meeting the residency requirements of Section 59-112-20;

(8) who must not be issued a license as otherwise provided by the laws of this State."

E. Section 56-1-50, of the 1976 Code, as last amended by Act 486 of 1992, is further amended to read:

"Section 56-1-50. A person who is at least fifteen years of age may apply to the department for a beginner's permit. After the applicant has passed successfully all parts of the examination other than the driving test, the department may issue to the applicant a beginner's permit which entitles the applicant having the permit in his immediate possession to drive a motor vehicle on the public highways for not more than twelve months. While driving the permittee must be accompanied by a licensed driver eighteen years of age or older who has had at least one year of driving experience, and who is occupying a seat beside the driver, except when the permittee is operating a motorcycle. A three-wheel vehicle requires the accompanying driver to be directly behind the driver on a saddle-type seat or beside the driver on a bench-type seat. A beginner's permit may be renewed or a new permit issued for additional periods of twelve months, but the department may refuse to renew or issue a new permit where the examining officer has reason to believe the applicant has not made a bona fide effort to pass the required driver's road test or does not appear to the examining officer to have the aptitude to pass the road test. The fee for every beginner's or renewal permit is two dollars and fifty cents, and the permit must bear the full name, date of birth, and residence address and a brief description and color photograph of the permittee and a facsimile of the signature of the permittee or a space upon which the permittee shall write his usual signature with pen and ink immediately upon receipt of the permit. No permit is valid until it has been so signed by the permittee.

A student regularly enrolled in a high school of this State which conducts a driver training course is not required to obtain a beginner's permit to operate a motor vehicle while the student is participating in the driver training course and when accompanied by a qualified instructor of the driver training course.

Also exempted from the requirement of the beginner's permit are persons enrolled in driver training courses conducted by driver training schools licensed under Chapter 23 of this title. However, these persons at all times must be accompanied by an instructor of the school and may drive only an automobile owned or leased by the school which is covered by liability insurance in an amount not less than the minimum required by law."

F. Section 56-1-80 of the 1976 Code, as last amended by Section 1298, Act 181 of 1993, is further amended to read:

"Section 56-1-80. Every application for a driver's license or permit must:

(1) be made upon the form furnished by the department;

(2) be accompanied by the proper fee and acceptable proof of date and place of birth;

(3) contain the full name, date of birth, sex, race, and residence address of the applicant and briefly describe the applicant;

(4) state whether the applicant has been licensed as an operator or chauffeur and, if so, when and by what state or country; and

(5) state whether a license or permit has been suspended or revoked or whether an application has been refused and, if so, the date of and reason for the suspension, revocation, or refusal.

Whenever application is received from a person previously licensed or permitted in another state, the Department of Revenue and Taxation in conjunction with the Department of Public Safety shall request a copy of the applicant's record from the other state. When received, the record becomes a part of the driver's record in this State with the same effect as though entered on the operator's record in this State in the original instance. Every person who obtains a driver's license or permit for the first time in South Carolina and every person who renews his driver's license or permit in South Carolina must be furnished a written request form for completion and verification of liability insurance coverage.

The completed and verified form or an affidavit prepared by the department that neither he, nor a resident relative, owns a motor vehicle subject to the provisions of this chapter, must be returned to the department within thirty days from the date the license or permit is issued or renewed. Failure to return the form or affidavit results in the suspension of the newly issued or renewed driver's license or permit until a properly executed form or affidavit is returned to the department."

G. Section 56-1-100 of the 1976 Code is amended to read:

"Section 56-1-100. The application of an unemancipated minor for a beginner's permit, instruction permit, or driver's license must be signed and verified before a person authorized to administer oaths by the father, mother, or guardian or, for all other minors, by a responsible adult who is willing to assume the obligation imposed under this article upon a person signing the application of a minor. Upon the extension of a permit pursuant to Section 56-1-50, authorization by the father, mother, guardian, or a responsible adult is not required."

H. Section 56-3-210 of the 1976 Code is amended to read:

"Section 56-3-210. Persons newly acquiring vehicles and owners of foreign vehicles being moved into this State and required to be registered under this chapter may have not more than forty-five days in which to register and license them."

I. Section 56-3-230 of the 1976 Code is amended to read:

"Section 56-3-230. Every owner of a vehicle subject to registration and for which a license is required shall make application to the department for the registration and licensing of the vehicle upon the appropriate forms furnished by the department. Every application must bear the signature of the owner."

J. Section 56-3-2320(A) of the 1976 Code, as last amended by Section 1388, Act 181 of 1993 and Section 105B, Part II, Act 164 of 1993, is further amended by inserting before the last unnumbered paragraph:

"A dealer license plate is allowed on a motor vehicle which the dealer lends to a public or private school for use in a driver education program. A plate used for this purpose may be obtained without fee and without regard to the limit on plates issued pursuant to this section. When the motor vehicle is no longer used for driver education, the dealer shall surrender the plate to the department."

K. Section 56-10-10 of the 1976 Code, as last amended by Section 1473, Act 181 of 1993, is further amended to read:

"Section 56-10-10. Every owner of a motor vehicle required to be registered in this State shall maintain the security required by Section 56-10-20 with respect to each motor vehicle owned by him throughout the period the registration is in effect. No certificate of registration may be issued or transferred to an owner by the Director of the Department of Revenue and Taxation unless the owner or prospective owner produces satisfactory evidence that the security is in effect, including the name of the owner's automobile liability insurer, and his signed statement, subject to this state's perjury statutes, that insurance is in place as required by this section."

L. Section 56-15-320 of the 1976 Code, as last amended by Section 1485, Act 181 of 1993, is further amended to read:

"Section 56-15-320. (A) Before a license as a `wholesaler' or `dealer' is issued to an applicant, he shall file an application with the department and furnish the information the department may require including, but not limited to, information adequately identifying by name and address individuals who own or control ten percent or more of the interest in the business. The policy of this section is full disclosure.

(B) Each applicant for licensure as a dealer or wholesaler shall furnish a surety bond in the penal amount of fifteen thousand dollars on a form prescribed by the director of the department. The bond must be given to the department and executed by the applicant, as principal, and by a corporate surety company authorized to do business in this State, as surety. The bond must be conditioned upon the applicant or licensee complying with the statutes applicable to the license and as indemnification for loss or damage suffered by an owner of a motor vehicle, or his legal representative, by reason of fraud practiced or fraudulent representation made in connection with the sale or transfer of a motor vehicle by a licensed dealer or wholesaler or the dealer's or wholesaler's agent acting for the dealer or wholesaler or within the scope of employment of the agent or loss or damage suffered by reason of the violation by the dealer or wholesaler or his agent of this chapter. An owner or his legal representative who suffers the loss or damage has a right of action against the dealer or wholesaler and against the dealer's or wholesaler's surety upon the bond and may recover damages as provided in this chapter. However, regardless of the number of years a bond remains in effect, the aggregate liability of the surety for claims is limited to fifteen thousand dollars on each bond and to the amount of the actual loss incurred. The surety may terminate its liability under the bond by giving the department thirty days' written notice of its intent to cancel the bond. The cancellation does not affect liability incurred or accrued before the cancellation.

(C) If, during a license year, there is a change in the information a dealer or wholesaler gave the department in obtaining or retaining a license under this section, the licensee shall report the change to the department within thirty days after the change occurs on the form the department requires.

(D) If a licensee ceases being a dealer or wholesaler, within ten days of that time, he shall notify the department of this fact and return to the department a license issued pursuant to this chapter and all current dealer license plates issued to the dealer or wholesaler."

M. This section takes effect January 1, 1995.

TO AMEND SECTION 44-96-120, AS AMENDED, OF THE 1976 CODE, RELATING TO THE SOLID WASTE MANAGEMENT TRUST FUND, SO AS TO PROVIDE THAT MONIES AUTHORIZED FROM THE FUND FOR RECYCLING MARKET DEVELOPMENT ADVISORY COUNCIL ACTIVITIES INCLUDE PROVIDING ONE HUNDRED THOUSAND DOLLARS FOR STAFFING.

A. Section 44-96-120(A)(3) of the 1976 Code is amended to read:

"(3) activities of the Recycling Market Development Advisory Council including its staff in the amount of one hundred thousand dollars from the Solid Waste Management Trust Fund for fiscal year 1994-95;"

B. This section takes effect July 1, 1994.

B. This section takes effect July 1, 1994.

*See note at end of act.

TO AMEND THE 1976 CODE BY ADDING SECTION 12-36-2680 SO AS TO AUTHORIZE THE SALES TAX EXEMPTION CERTIFICATE FOR CERTAIN ITEMS TO BE FILED WITH THE RETAILER RATHER THAN PRESENTED AT THE TIME OF EACH SALE, TO REQUIRE THE BUYER MAKING A TAX-EXEMPT PURCHASE PURSUANT TO A CERTIFICATE ON FILE WITH THE RETAILER TO NOTE ON THE PURCHASE INVOICE THE EXEMPT ITEMS, STATE THAT THE PURCHASES ARE FOR EXEMPT PURPOSES, AND SIGN THE PURCHASE INVOICE, AND TO PROVIDE THAT THE PURCHASER'S SIGNATURE ON SUCH AN INVOICE MAKES THE PURCHASER LIABLE FOR ANY TAX DETERMINED TO BE DUE ON THE SALE.

A. Article 25, Chapter 36, Title 12 of the 1976 Code is amended by adding:

"Section 12-36-2680. The department shall prescribe an exemption certificate for use by persons purchasing items exempt pursuant to items (5), (6), (7), (16), (18), (23), (32), and (44) of Section 12-36-2120. This exemption certificate may be presented upon each purchase by the holder or the retailer may keep on file a copy of the certificate. When an exempt sale is made pursuant to a certificate on file, the purchaser must note on the purchase invoice the exempt items, state the items are to be used for exempt purposes, and sign the invoice. When the purchase order meets the requirements of this section, the liability for any tax determined to be due is solely on the purchaser."

B. This section takes effect January 1, 1995.

TO AMEND THE 1976 CODE BY ADDING SECTION 57-3-130 SO AS TO AUTHORIZE THE DEPARTMENT OF TRANSPORTATION TO ENTER INTO CERTAIN AGREEMENTS TO FINANCE CONSTRUCTION AND MAINTENANCE OF HIGHWAYS, ROADS, STREETS, AND BRIDGES.

Chapter 3, Title 57 of the 1976 Code is amended by adding:

"Section 57-3-130. From the funds appropriated to the Department of Transportation and from any other sources which may be available to the Department, the Department of Transportation may expend such funds as it deems necessary to enter into partnership agreements with political subdivisions including authorized transportation authorities, and private entities to finance, by tolls and other financing methods, the cost of acquiring, constructing, equipping, maintaining and operating highways, roads, streets and bridges in this State. The provisions of this Section must not be construed to confer upon the Department of Transportation or political subdivisions any power to finance by tolls or other means the acquisition, construction, equipping, maintenance or operation which the Department of Transportation or political subdivisions does not possess under other provisions of this Code."

TO AMEND THE 1976 CODE BY ADDING SECTION 12-7-1273 SO AS TO PROVIDE A TEMPORARY NONREFUNDABLE STATE INCOME TAX CREDIT EQUAL TO TEN PERCENT OF THE QUALIFIED WAGES PAID TO A PERSON WHO WAS TERMINATED FROM EMPLOYMENT AS A RESULT OF THE CLOSING OR REALIGNMENT OF A FEDERAL MILITARY INSTALLATION AND TO PROVIDE DEFINITIONS.

A. Article 10, Chapter 7, Title 12 of the 1976 Code is amended by adding:

"Section 12-7-1273. (A) As used in this section:

(1) `Applicable federal military installation' means a federal military installation or other facility which is closed or realigned under:

(a) The Defense Base Closure and Realignment Act of 1990;

(b) Title II of the Defense Authorization Amendments and Base Closure and Realignment Act; or

(c) Section 2687 of Title 10, United States Code.

(2) `Economic impact region' means a county or municipality, any portion of which is located within twenty-five miles of the boundaries of an applicable federal military installation, and any area not otherwise included as part of the economic impact region if the Division of State Development of the Department of Commerce determines the area to be adversely impacted by the closing or realignment of an applicable federal military installation;

(3) `Qualified wages' means wages paid by an employer to an employee if:

(a) at least ninety percent of the employee's services for the employer during the taxable year are directly related to the conduct of the employer's trade or business within an applicable federal military installation or economic impact region; or

(b) at least fifty percent of the services of the employee for the employer during the taxable year are performed within the installation or region;

(4) (a) `Qualified wages' include, with respect to an individual, only wages attributable to services rendered during the one year beginning with the day the individual first works for an employer after becoming a terminated employee.

(b) Qualified wages for a taxable year may not exceed seven thousand dollars.

(c) Qualified wages do not include wages paid for services performed as an employee of the federal government or an agency or instrumentality of the federal government.

(5) (a) `Terminated employee' means an individual who is certified by the South Carolina Employment Security Commission, under procedures similar to the procedures described in Internal Revenue Code Section 51(d)(16), as being an individual, whether or not a federal employee:

(i) who was employed in an economic impact region, and

(ii) whose job was terminated by reason of the closing or realignment of the installation.

(b) An individual may not be treated as a terminated employee with respect to a job termination after the later of:

(i) the close of the second calendar year following the calendar year in which the commencement of the job termination occurs; or

(ii) the close of the first year period beginning with the date on which the employee first begins work for an employer after the job termination.

(B) In the case of a terminated employee, there is allowed as a credit against the tax imposed by this chapter for a taxable year an amount equal to ten percent of the qualified wages of the employee for the taxable year.

(C) For purposes of this section, the term `employee' includes an employee described in Internal Revenue Code Section 401(c)(1), relating to self-employed individual.

(D) Any deduction for wages of an employer claiming the credit allowed by this section must be reduced by the amount of the credit for purposes of calculating the South Carolina income tax liability.

(E) The credit allowed by this section may not reduce the tax liability below zero. If the applicable credit exceeds the liability, the credit may be carried forward to the ten succeeding taxable years."

B. This section is effective for taxable years beginning after 1994.

TO AMEND THE 1976 CODE BY ADDING ARTICLE 9 TO CHAPTER 3, TITLE 23 SO AS TO ENACT THE STATE DEOXYRIBONUCLEIC ACID (DNA) IDENTIFICATION RECORD DATABASE ACT, ESTABLISH THIS DATABASE IN THE STATE LAW ENFORCEMENT DIVISION, REQUIRE CONVICTED OFFENDERS OF CERTAIN SEX-RELATED CRIMES AND VIOLENT CRIMES TO SUBMIT A SAMPLE FROM WHICH DNA MAY BE OBTAINED FOR DNA TESTING TO BE INCLUDED IN THIS DATABASE, AND PROVIDE EXPUNGEMENT PROCEDURES, CONFIDENTIALITY REQUIREMENTS, AND PENALTIES; AND TO PROVIDE THAT IMPLEMENTATION OF THIS ACT AND THE REQUIREMENTS UNDER IT ARE CONTINGENT UPON ANNUAL APPROPRIATIONS OF SUFFICIENT FUNDING AND UPON PROMULGATION OF REGULATIONS.

A. Chapter 3, Title 23 of the 1976 Code is amended by adding:

Section 23-3-600. This article may be cited as the State Deoxyribonucleic Acid Identification Record Database Act.

Section 23-3-610. There is established in the South Carolina Law Enforcement Division (SLED) the State Deoxyribonucleic Acid (DNA) Identification Record Database (State DNA Database). The State Law Enforcement Division shall develop DNA profiles on samples for law enforcement purposes and for humanitarian and nonlaw enforcement purposes, as provided for in Section 23-3-640(B).

Section 23-3-620. (A) Following sentencing and at the time of intake at a jail or prison, a sample from which DNA may be obtained for inclusion in the State DNA Database must be provided by:

(1) a person convicted or adjudicated delinquent after June 30, 1995, for:

(a) criminal sexual conduct in the first degree as defined in Section 16-3-652;

(b) criminal sexual conduct in the second degree as defined in Section 16-3-653;

(c) criminal sexual conduct with a minor in the first or second degree as defined in Section 16-3-655;

(d) assault with intent to commit criminal sexual conduct as defined in Section 16-3-656;

(2) a criminal offender ordered by the court to provide a sample.

A person who is not sentenced to a term of confinement shall provide a sample as a condition of their sentence to be taken at a prison or jail as specified by the sentencing court.

(B) At such time as possible and before parole or release from confinement, a suitable sample from which DNA may be obtained for inclusion in the State DNA Database must be provided by:

(1) a person who is convicted or adjudicated delinquent before July 1, 1995, and who was sentenced to and is serving a term of confinement on July 1, 1995, for:

(a) criminal sexual conduct in the first degree as defined in Section 16-3-652;

(b) criminal sexual conduct in the second degree as defined in Section 16-3-653;

(c) criminal sexual conduct with a minor in the first or second degree as defined in Section 16-3-655;

(d) assault with intent to commit criminal sexual conduct as defined in Section 16-3-656;

(2) a violent criminal offender ordered by the court to provide a sample.

An agency having custody of an offender shall notify SLED at least seventy-two hours before the individual is paroled or released from confinement.

(C) A person sentenced to probation or currently paroled and remaining under supervision of the State or its political subdivisions shall provide a sample as a condition of their probation or parole.

(D) A person providing a sample pursuant to this article also shall provide such other information as may be required by SLED.

(E) A person required to provide a sample pursuant to this section may be required to provide another sample if the original sample is lost, damaged, contaminated, or unusable for examination.

(F) The provisions of this section apply to juveniles notwithstanding the provisions of Section 20-7-780.

Section 23-3-630. (A) Only a correctional health nurse technician, physician, registered professional nurse, licensed practical nurse, laboratory technician, or other appropriately trained health care worker may take a sample from which DNA may be obtained.

(B) A person taking a sample pursuant to this article is immune from liability provided the sample was taken according to recognized medical procedures.

Section 23-3-640. (A) Samples must be taken and submitted to SLED pursuant to specifications and procedures developed by SLED in regulation. SLED shall conduct DNA identification testing, typing, and analysis in accordance with regulations promulgated by the State Law Enforcement Division on samples received for the purpose of developing a DNA profile, and SLED shall use procedures, equipment, supplies, and computer software that is compatible with those used by the Federal Bureau of Investigation.

(B) The DNA profile on a sample may be used:

(1) to develop a convicted offender database to identify suspects in otherwise nonsuspect cases;

(2) to develop a population database when personal identifying information is removed;

(3) to support identification research and protocol development of forensic DNA analysis methods;

(4) to generate investigative leads in criminal investigations;

(5) for quality control or quality assurance purposes, or both;

(6) to assist in the recovery and identification of human remains from mass disasters;

(7) for other humanitarian purposes including identification of missing persons.

(C) The disposition of all samples obtained pursuant to this article are at the discretion of SLED.

Section 23-3-650. (A) The results of a DNA profile of an individual provided under this article are confidential and must be securely stored except that SLED shall make available the results to federal, state, and local law enforcement agencies and to approved crime laboratories which serve these agencies and to the solicitor or the solicitor's designee upon a written or electronic request and in furtherance of an official investigation of a criminal offense. These results also must be made available as required by a court order following a hearing directing SLED to release the record.

(B) A person who wilfully discloses in any manner individually identifiable DNA information contained in the State DNA Database to a person or agency not entitled to receive this information is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than one year, or both.

(C) A person who, without authorization, wilfully obtains individually identifiable DNA information from the State DNA Database is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than one year, or both.

Section 23-3-660. A person whose DNA record has been included in the State DNA Database may request expungement on the grounds that the person's conviction or adjudication has been reversed, set aside, or vacated. SLED shall purge DNA and all other identifiable record information from the State Database and shall destroy the person's sample if SLED receives the person's written request for expungement and a certified copy of the court order reversing, setting aside, or vacating the conviction or adjudication and proof that the identity of the individual making the request is the person whose record is to be expunged. If the person has more than one entry in the State DNA Database, only the entry covered by the expungement request may be expunged.

Section 23-3-670. (A) A person who is required to provide a sample pursuant to this article must pay a two hundred and fifty dollar processing fee which may not be waived by the court. If the person is incarcerated, the fee must be paid before the person is paroled or released from confinement and may be garnished from wages the person earns while incarcerated. If the person is not sentenced to a term of confinement, payment of the fee must be a condition of the person's sentence and may be paid in installments if so ordered by the court.

(B) The processing fee assessed pursuant to this section must be remitted to the general fund of the State and credited to the State Law Enforcement Division to offset the expenses SLED incurs in carrying out the provisions of this article.

Section 23-3-680. SLED shall promulgate regulations to carry out the provisions of this article.

Section 23-3-690. SLED shall promulgate regulations for sample testing and analysis and for sample collection, identification, handling, transporting, and shipment which must be complied with by the agency having jurisdiction over the offender."

B. Implementation of this act and the requirements under this act are contingent upon annual appropriations of sufficient funding and upon promulgation of regulations.

C. Subsection B of this section takes effect upon approval by the Governor. The remaining provisions of this section take effect July 1, 1995.

TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-70 SO AS TO PROVIDE THAT LOCAL GOVERNING BODIES CHARGING REAL ESTATE TRANSFER FEES MUST, ON A QUARTERLY BASIS, REMIT ALL SUCH FEES COLLECTED TO THE STATE TREASURER OR MAY VOLUNTARILY ELECT TO HAVE THE AMOUNT OF FEES COLLECTED DEDUCTED FROM AID TO SUBDIVISIONS DISTRIBUTIONS AND TO SUSPEND THE PROVISIONS OF SECTION 6-1-70 THROUGH JANUARY 1, 1997, IN THE CASE OF A REAL ESTATE TRANSFER TAX OR FEE IMPOSED ON OR BEFORE AUGUST 1, 1993.

A. Chapter 1, Title 6 of the 1976 Code is amended by adding:

"Section 6-1-70. The governing body of each county and municipality which enacts and collects any fee which is charged on the transfer of real estate shall, not later than ten days after the close of a fiscal year quarter, remit to the State Treasurer an amount equal to the amount of real estate transfer fees collected in the previous fiscal year quarter. The county or municipality may voluntarily elect to have the State Treasurer or Comptroller General, as appropriate, deduct the amount required to be remitted from any distributions authorized to be made to the county or municipality under Aid to Subdivisions."

B. The provisions of Section 6-1-70 of the 1976 Code are suspended through January 1, 1997, in the case of any county or municipal real estate transfer tax or fee imposed on or before August 1, 1993.

C. This section takes effect July 1, 1994.

TO REQUIRE A CERTAIN FUNDING TO THE DEPARTMENT OF EDUCATION TO OFFSET ANY REDUCTION SUFFERED BY SCHOOL DISTRICTS DUE TO A CHANGE IN THE DISTRIBUTION OF EMPLOYER CONTRIBUTION FUNDS, AND TO PROVIDE FOR A SUSPENSION OF THE APPLICATION OF SECTION 59-21-160 OF THE 1976 CODE IN ANY SCHOOL DISTRICT WHERE A CHANGE IN THE DISTRIBUTION OF FUNDS FOR EMPLOYER CONTRIBUTIONS IS NOT FULLY FUNDED IN THE GENERAL APPROPRIATIONS ACT FOR FISCAL YEAR 1994-95.

Funding equal to that appropriated for fiscal year 1994-95 must be appropriated to the Department of Education to offset any reduction suffered by school districts due to a change in the distribution of employer contribution funds. This funding shall be specifically appropriated and be reflected as a line item in the Appropriations Act. If the fiscal year 1994-95 level of funding to offset the change in allocation is not appropriated, Section 59-21-160 of the 1976 Code shall be suspended.

TO AMEND SECTION 7-13-40, AS AMENDED, OF THE 1976 CODE, RELATING TO PRIMARIES CONDUCTED BY THE STATE ELECTION COMMISSION, SO AS TO CLARIFY THAT FILING FEES FOR ALL CANDIDATES FILING TO RUN IN ALL PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE TRANSMITTED BY THE RESPECTIVE POLITICAL PARTY TO THE COMMISSION.

Section 7-13-40 of the 1976 Code, as last amended by Act 253 of 1992, is further amended to read:

"Section 7-13-40. In the event that a party nominates candidates by party primary, a party primary must be held by the party and conducted by the State Election Commission and the respective county election commissions on the second Tuesday in June of each general election year and a second and third primary each two weeks successively thereafter, if necessary. Certification of the names of all candidates to be placed on primary ballots must be made by the political party chairman, vice chairman, or secretary to the State Election Commission or the county election commission, whichever is responsible under law for preparing the ballot, not later than twelve o'clock noon on May first, or if May first falls on a Sunday, not later than twelve o'clock noon on the following Monday. The filing fees for all candidates filing to run in all primaries, except municipal primaries, must be transmitted by the respective political parties to the State Election Commission and placed by the executive director of the commission in a special account designated for use in conducting the primaries and must be used for that purpose. The filing fee for each office is one percent of the total salary for the term of that office or one hundred dollars, whichever amount is greater."

TO AMEND CHAPTER 111, TITLE 59, OF THE 1976 CODE, RELATING TO SCHOLARSHIPS AND EDUCATION, BY ADDING ARTICLE 6 SO AS TO PROVIDE FOR ONE-HALF TUITION AT STATE-SUPPORTED COLLEGES AND UNIVERSITIES AND TECHNICAL SCHOOLS FOR MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD UNDER CERTAIN CONDITIONS, AND TO PROVIDE THE PROCEDURES FOR THE GRANTING OF SUCH ONE-HALF TUITION.

Chapter 111, Title 59 of the 1976 Code is amended by adding:

Section 59-111-410. As used in this article, `tuition' means the amount charged for registering for a credit hour of instruction and shall not be construed to mean any other fees or charges or costs of textbooks.

Section 59-111-420. (A) A member of the South Carolina National Guard enrolled as a student in state-supported institutions of higher learning or technical colleges, as these institutions are enumerated in Section 59-111-340, is exempt from one-half of the tuition charges for up to twelve credit hours as long as the student is a member in good standing of the South Carolina National Guard. The student must be a resident of South Carolina in order to be eligible for such one-half tuition. This one-half tuition exemption may be claimed for a period of five years or until the receipt of a bachelor's degree, whichever occurs first. The State Commission on Higher Education shall administer the provisions of this section and has the authority to issue an exemption for one-half of the tuition fees for up to twelve credit hours per semester to a member of the South Carolina National Guard so qualifying. This exemption shall remain in effect for one full academic year and may be renewed in accordance with regulations prescribed by the commission.

(B) The one-half tuition benefits provided by this section are optional with the particular institution or college and are based on availability of seats. Availability of seats shall be determined on a course-by-course basis during registration by the institution or college.

(C) If the student terminates his enlistment in the South Carolina National Guard or if the student's work and conduct are no longer satisfactory to the governing body of the institution the student attends, the exemption is forfeited immediately, and the student shall pay the institution all tuition charges from which the student was exempt for that period.

(D) To receive the exemption, a student must be a member in good standing of the South Carolina National Guard for the entire semester for which the exemption is claimed.

(E) The Adjutant General shall promulgate the regulations necessary for the implementation of this article and submit a list of eligible participants to the State Commission on Higher Education for validation.

(F) The State Commission on Higher Education shall validate the South Carolina National Guard list and forward an exemption certificate for each student to the registrar of the appropriate institution.

Section 59-111-430. The credit hours generated by students who are members of the South Carolina National Guard receiving one-half tuition under this article shall not be used in computing the higher education funding formula and shall not have an impact on the level of funding an institution receives.

Section 59-111-440. The provisions of this article are applicable beginning with the fall semester or quarter of 1995 and thereafter."

TO AMEND SECTION 12-7-1220, AS AMENDED, OF THE 1976 CODE, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO PROVIDE TERMS AND CONDITIONS UNDER WHICH THE CREDITS MAY BE USED BY A SUCCESSOR CORPORATION FOLLOWING A MERGER, CONSOLIDATION, OR REORGANIZATION WHERE TAX ATTRIBUTES SURVIVE; TO AMEND THE 1976 CODE BY ADDING SECTION 12-7-1645 SO AS TO AUTHORIZE THE FILING OF A CONSOLIDATED CORPORATE INCOME TAX RETURN AND TO PROVIDE THE TERMS AND CONDITIONS UNDER WHICH SUCH RETURNS MAY BE FILED; AND TO AMEND SECTION 12-7-430, AS AMENDED, RELATING TO ADJUSTMENTS TO INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO ALLOW RETROACTIVELY AN ADJUSTMENT FOR THE FEDERAL MERCHANT MARINE CAPITAL CONSTRUCTION INCENTIVE.

Whereas, the General Assembly has enacted various income tax credits, including the jobs tax credit, as inducements to businesses to locate, expand, or carry on certain activities in this State; and

Whereas, many businesses operate through more than one corporation, including parent and subsidiary and commonly owned sister corporations; and

Whereas, the intent of the General Assembly was that, if such a group of corporations file a consolidated income tax return, a credit generated by one member of the group should be allowed to offset the tax liability of other members. Now, therefore,

A. Section 12-7-1220(F) of the 1976 Code, as last amended by Act 170 of 1987, is further amended to read:

"(F) The merger, consolidation, or reorganization of a corporation where tax attributes survive does not create new eligibility in a succeeding corporation, but unused job tax credits may be transferred and continued by the succeeding corporation. In addition, a corporation may assign its rights to its jobs tax credit to another corporation if it transfers all, or substantially all, of the assets of the corporation or all, or substantially all, of the assets of a trade or business or operating division of a corporation related to the generation of the jobs tax credits to that corporation if the required number of new jobs is maintained for that amount of credit. No corporation is allowed a jobs tax credit if the net employment increase for that corporation falls below ten for a less developed county, eighteen for a moderately developed county, or fifty for a developed county. The Department of Revenue and Taxation or Department of Insurance, as appropriate, shall determine whether or not qualifying net increases or decreases have occurred and may require reports, promulgate regulations, and hold hearings needed for substantiation and qualification."

B. Article 13, Chapter 7, Title 12 of the 1976 Code is amended by adding:

"Section 12-7-1645. (A) A consolidated return may be filed for the following corporations:

(1) a parent and substantially controlled subsidiary or subsidiaries;

(2) two or more corporations under substantially the entire control of the same interest. The terms `substantially controlled' and `substantially the entire control' mean the ownership of at least eighty percent of the total combined voting power of all classes of stock of all corporations that are a party to a consolidated return.

(B) All corporations included in a consolidated return must be subject to tax under Section 12-7-230.

(C) A corporation doing business entirely within this State may consolidate with a corporation doing a multistate business. Two or more corporations doing a multistate business may file a consolidated return.

(D) A consolidated return means a single return for two or more corporations in which income or loss is separately determined as follows:

(1) South Carolina taxable income or loss is computed separately for each corporation;

(2) allocable income is allocated separately for each corporation;

(3) apportionable income or loss is computed utilizing separate apportionment factors for each corporation;

(4) income or loss computed in accordance with items (1) through (3) of this subsection is combined and reported on a single return for the controlled group.

(E) All corporations included in a consolidated return or a combined return must use the same accounting year.

(F) If a corporation which files or is required to file a consolidated return is entitled to one or more income tax credits, including the carryover of unused credits from prior years, the income tax credits may be determined on a consolidated basis. Limitations on credits which refer to the income or the income tax liability of a corporation are deemed to refer to the income or income tax liability of the consolidated group, and credits shall reduce the consolidated group's tax liability regardless of whether or not the corporation entitled to the credit contributed to the tax liability of the consolidated group.

(G) The election to file a consolidated return or separate returns must be made on an original and timely return and may not be changed after the return is filed.

(H) Once an election is made to file a consolidated return, this election must be adhered to until permission is granted by the Department of Revenue and Taxation to file separate returns."

C. Section 12-7-430 of the 1976 Code is amended by adding:

"(i) Notwithstanding Section 12 of Act 101 of 1985, Internal Revenue Code Section 7518 applies retroactively to taxable years beginning after 1986 and applies to any taxpayer."

"Section 44-55-2332. For purposes of Regulation 61-51 of the South Carolina Code of Regulations regulating public swimming pools, a `lifeguard' includes a person who is licensed by those organizations listed or having equivalent training as determined by the Department of Health and Environmental Control."

*See note at end of act.

TO PROVIDE AUTHORIZATION FOR THE STATE BUDGET AND CONTROL BOARD TO ISSUE AND SELL BONDS, NOTES, AND OTHER OBLIGATIONS FOR THE PURPOSE OF ACQUIRING FACILITIES LOCATED AT 3150 HARDEN STREET IN THE CITY OF COLUMBIA TO BE USED AND OCCUPIED BY STATE DEPARTMENTS AND AGENCIES, AND PROVIDE FOR RELATED MATTERS.

The State Budget and Control Board is authorized to issue and sell bonds, notes, or other obligations for the purpose of acquiring facilities at 3150 Harden Street in Columbia for the use and occupancy of state departments and agencies, provided that such obligations shall be payable solely from revenues derived from the leasing or sale of the facilities acquired with the proceeds of the sale of such obligations and shall be secured solely by a pledge of such revenues and, at the option of the State Budget and Control Board, a mortgage of such facilities.

TO AMEND SECTION 9-11-525 OF THE 1976 CODE, RELATING TO INCREASES IN MONTHLY BENEFITS PAID PURSUANT TO THE POLICE INSURANCE AND ANNUITY FUND, SO AS TO INCREASE THESE BENEFITS EFFECTIVE JULY 1, 1994.

Section 9-11-525 of the 1976 Code, as added by Act 658 of 1988, is amended to read:

"Section 9-11-525. Beneficiaries receiving benefits under the Police Insurance and Annuity Fund shall receive a fifty dollar a month increase in their monthly benefits effective July 1, 1994."

TO AMEND SECTION 41-35-110 OF THE 1976 CODE, RELATING TO CONDITIONS OF ELIGIBILITY FOR EMPLOYMENT SECURITY BENEFITS, SO AS TO ADD AS A CONDITION OF ELIGIBILITY FOR BENEFITS A FINDING BY THE EMPLOYMENT SECURITY COMMISSION THAT AN UNEMPLOYED INSURED WORKER PARTICIPATES IN REEMPLOYMENT SERVICES IF HE HAS BEEN DETERMINED TO BE LIKELY TO EXHAUST REGULAR BENEFITS AND NEED REEMPLOYMENT SERVICES PURSUANT TO A PROFILING SYSTEM ESTABLISHED BY THE COMMISSION, EXCEPT UPON CERTAIN FINDINGS BY THE COMMISSION.

Section 41-35-110 of the 1976 Code is amended by adding:

"(6) He participates in reemployment services, such as job search assistance services, if he has been determined to be likely to exhaust regular benefits and need reemployment services pursuant to a profiling system established by the commission, unless the commission determines that:

(a) the individual has completed such services; or

(b) there is justifiable cause for the claimant's failure to participate in such services."

TO AMEND SECTIONS 4-3-280 AND 4-3-480, AS AMENDED, OF THE 1976 CODE RELATING TO BOUNDARIES OF GREENVILLE AND SPARTANBURG COUNTIES, SO AS TO CORRECT A CLERICAL ERROR IN THE DESCRIPTION OF THE BOUNDARY LINE BETWEEN THE COUNTIES; AND TO AMEND SECTION 5-3-150 OF THE 1976 CODE, RELATING TO CHANGING MUNICIPAL CORPORATE LIMITS BY PETITION SIGNED BY ALL OR SEVENTY-FIVE PERCENT OF LANDOWNERS, SO AS TO PROVIDE HOW REAL PROPERTY OWNED BY A GOVERNMENTAL ENTITY IS TO BE CONSIDERED AND VALUED UNDER THIS SECTION INCLUDING REQUIRING THE STATE'S CONSENT FOR ANNEXATION OF REAL PROPERTY IN A MULTI-COUNTY PARK TITLED TO THE STATE.

A. Section 4-3-280 of the 1976 Code, as last amended by Act 7 of 1993, is further amended to read:

"Section 4-3-280. Greenville County is bounded as follows: on the north by the North Carolina line; on the east and southeast by Spartanburg and Laurens Counties from which it is divided as follows: from Spartanburg County, by a line commencing on the North Carolina line at a stone marked `S.C. 1815' on one side and `N.C. Sept. 15' on the other side at N 1,225,788.54 and E 1,636,650.35 [North American Datum 1983-86 (NAD 83-86)]; thence following a straight line southsouthwestward to a point at N 1,193,615.00 and E 1,635,730.00 (NAD 83-86); thence following a straight line southsouthwestward to a point at N 1,155,409.00 and E 1,634,410.00 (NAD 83-86); thence following a straight line southsouthwestward to a point at N 1,133,159.00 and E 1,633,701.00 (NAD 83-86) at the north end of North Line Street at its approximate intersection with Arlington Avenue in the City of Greer; thence following a straight line southward approximately along the centerline of North Line Street to a point N 1,131,240.00 and E 1,633,595.00 (NAD 83-86) where North Line Street becomes South Line Street in the City of Greer; thence following a straight line southward approximately along the centerline of South Line Street to a point at N 1,128,573.00 and E 1,633,500.00 (NAD 83-86) where the centerline of South Line Street is approximately tangent to the centerline of New Woodruff Road in the city of Greer; thence following a straight line southsouthwestward to a point at N 1,102,217.00 and E 1,632,108.00 (NAD 83-86) which is a point where the old bridge crossed the Enoree River; thence down the Enoree River to a point about one and three-fourths miles below Anderson's Bridge (the corner of Greenville and Laurens Counties); from Laurens County, by a line commencing at said point (opposite Zadock's Ford) and running S. 17 W. 11 miles and 60 chains to a point; thence S. 4 E. 3 miles and 45 chains to a water oak marked `L. G.' on Reedy River; thence running to the mouth of Line Creek where it enters the Saluda River; on the west by Anderson and Pickens Counties from which it is separated by the Saluda River."

B. Section 4-3-480 of the 1976 Code, as last amended by Act 7 of 1993, is further amended to read:

"Section 4-3-480. Spartanburg County is bounded as follows: on the north by the North Carolina line; on the west by Greenville County from which it is divided by a line commencing on the North Carolina line at a stone marked `S.C. 1815' on one side and `N.C. Sept.15' on the other side at N 1,225,788.54 and E 1,636,650.35 [North American Datum 1983-86 (NAD 83-86)]; thence following a straight line southsouthwestward to a point at N 1,193,615.00 and E 1,635,730.00 (NAD 83-86); thence following a straight line southsouthwestward to a point at N 1,155,409.00 and E 1,634,410.00 (NAD 83-86); thence following a straight line southsouthwestward to a point at N 1,133,159.00 and E 1,633,701.00 (NAD 83-86) at the north end of North Line Street at its approximate intersection with Arlington Avenue in the City of Greer; thence following a straight line southward approximately along the centerline of North Line Street to a point N 1,131,240.00 and E 1,633,595.00 (NAD 83-86) where North Line Street becomes South Line Street in the City of Greer; thence following a straight line southward approximately along the centerline of South Line Street to a point at N 1,128,573.00 and E 1,633,500.00 (NAD 83-86) where the centerline of South Line Street is approximately tangent to the centerline of New Woodruff Road in the City of Greer; thence following a straight line southsouthwestward to a point at N 1,102,217.00 and E 1,632,108.00 (NAD 83-86) which is a point where the old bridge crossed the Enoree River; thence down the Enoree River to a point about one and three-fourths miles below Anderson's Bridge (the corner of Greenville and Laurens Counties); on the southwest by the Enoree River, down to a dead Spanish oak below Head's Ford, and a little above the mouth of a small creek which divides it from Laurens County; on the southeast by Union County, from which it is divided by the following lines: beginning at the dead Spanish oak on the north side of the Enoree River, and running N. 12 E.3 miles and 26 chains; thence N. 17 E.2 miles and 28 chains; thence N. 6.5 E.11 miles and 15 chains, crossing Tyger River to Fair Forest Creek; thence N. 33 45 E.6 miles and 37 chains to Pacolet River, a little below Gist's Mill; thence along the western boundary of Cherokee County to the North Carolina state line."

C. Section 5-3-150 of the 1976 Code is amended to read:

"Section 5-3-150. (1) Any area or property which is contiguous to a city or town may be annexed to the city or town by filing with the municipal governing body a petition signed by seventy-five percent or more of the freeholders, as defined in Section 5-3-240 owning at least seventy-five percent of the assessed valuation of the real property in the area requesting annexation. Upon the agreement of the governing body to accept the petition and annex the area, and the enactment of an ordinance declaring the area annexed to the city or town, the annexation is complete and the election provided for in Sections 5-3-50 through 5-3-270 is not required. No member of the governing body who owns property or stock in a corporation owning property in the area proposed to be annexed is eligible to vote on the ordinance. This method of annexation is in addition to any other methods authorized by law; provided, that this property may not be annexed unless the following has been complied with: (1) The petition must be dated before the first signature is affixed to it and all necessary signatures must be obtained within six months from the date of the petition; (2) The petition and all signatures to it are open for public inspection at any time on demand of any resident of the municipality or area affected by the proposed annexation or by anyone owning property in the area to be annexed; (3) The petition shall state the act or code section pursuant to which the proposed annexation is to be accomplished; (4) The petition shall contain a description of the area to be annexed and there must be attached to the petition a plat of the area to be annexed; (5) Any municipality or any resident of it and any person residing in the area to be annexed or owning real property of it may institute and maintain a suit in the court of common pleas, and in that suit the person may challenge and have adjudicated any issue raised in connection with the proposed or completed annexation.

(2) The conditions relating to petitions set forth in this section apply only to the alternate method of annexation as defined in subsection (1) of this section.

(3) Notwithstanding the provisions of subsections (1) and (2) of this section, any area or property which is contiguous to a city or town may be annexed to the municipality by filing with the municipal governing body a petition signed by all persons owning real estate in the area requesting annexation. Upon the agreement of the governing body to accept the petition and annex the area, and the enactment of an ordinance declaring the area annexed to the municipality, the annexation is complete and the election provided for in Sections 5-3-50 through 5-3-80 is not required. No member of the governing body who owns property or stock in a corporation owning property in the area proposed to be annexed is eligible to vote on such ordinance. This method of annexation is in addition to any other methods authorized by law.

(4) For purposes of this section any real property owned by a governmental entity and leased to any other entity pursuant to a fee in lieu of taxes transaction under Sections 4-29-67 or 4-29-69 is considered to have an assessed valuation equal to the original cost of the real property as determined under Section 4-29-67(D). For purposes of this section, the lessee of real property pursuant to a fee in lieu of taxes transaction under Sections 4-29-67 or 4-29-69 is the freeholder with respect to such property.

(5) For purposes of this section, any real property included within a multi-county park under Section 4-1-170 is considered to have the same assessed valuation that it would have if the multi-county park did not exist. Notwithstanding any other provision of law, any real property which is or has been included within a multicounty park under Section 4-1-170 and title to which is held by the State of South Carolina, only may be annexed with prior written consent of the State of South Carolina."

D. This section takes effect upon approval by the Governor.

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 1994-95.

All Acts or parts of Acts inconsistent with any of the provisions of Part II of this Act are hereby repealed.

Except as otherwise specifically provided herein this Act shall take effect immediately upon its approval by the Governor.

In the Senate House June 2, 1994.

Nick A. Theodore,
President of the Senate

Robert J. Sheheen,
Speaker of the House of Representatives

*Text printed in italic boldface mark sections vetoed by the Governor June 29, 1994.

Unless otherwise stated, provisions not vetoed by the Governor took effect June 29, 1994.