• Texts printed in italic boldface were vetoed by the Governor June 19, 1996. The General Assembly sustained the vetoes on June 26, 1996.

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.

TO REPEAL SECTIONS 11-11-60, 11-11-130, AND 11-25-110 OF THE 1976 CODE, RELATING TO OBSOLETE PROVISIONS RELATING TO THE FORMER RESPONSIBILITIES OF THE STATE BUDGET AND CONTROL IN THE BUDGET-MAKING PROCESS AND AGENCY REPORTING REQUIREMENTS.

A. Sections 11-11-60, 11-11-130, and 11-25-110 of the 1976 Code are repealed.

B. This section takes effect July 1, 1996.

TO REPEAL SECTION 1-11-21 OF THE 1976 CODE, RELATING TO REPORTING DATES FOR THE ANNUAL BUDGET REPORT.

A. Section 1-11-21 of the 1976 Code is repealed.

B. This section takes effect July 1, 1996.

TO AMEND SECTION 48-48-140 OF THE 1976 CODE, RELATING TO THE TAX ON LOW-LEVEL RADIOACTIVE WASTE DISPOSAL OF TWO HUNDRED THIRTY-FIVE DOLLARS A CUBIC FOOT AND THE DISTRIBUTION OF THIS REVENUE INCLUDING A SPECIFIED PORTION TO BE USED FOR THE PURPOSES OF THE EDUCATIONAL ASSISTANCE ENDOWMENT FUND, SO AS TO CHANGE THE NAME OF THIS FUND TO THE CHILDREN'S EDUCATION ENDOWMENT; AND TO AMEND CHAPTER 143 OF TITLE 59 OF THE 1976 CODE, RELATING TO THE EDUCATIONAL ASSISTANCE ENDOWMENT FUND, SO AS TO CHANGE THE NAME OF THE FUND TO THE `CHILDREN'S EDUCATION ENDOWMENT', DELETE THE AUTHORITY TO ACCUMULATE MONIES IN THE ENDOWMENT, AND TO FURTHER PROVIDE FOR THE MANNER IN WHICH FUNDS THEREIN MUST BE USED AND DISTRIBUTED.

A. Section 48-48-140 of the 1976 Code, as added by Section 79, Part II, Act 145 of 1995, is amended to read:

"Section 48-48-140. (A) There is imposed a tax of two hundred thirty-five dollars a cubic foot on each cubic foot of low-level radioactive waste disposed of in this State. The revenues resulting from the provisions of this section must be used for the Children's Education Endowment as reflected in appropriations to the State Treasurer in Part I, Section 10 of the 1995-96 general appropriations act and as thereafter provided, except as provided in Subsection (C).

(B) The owner or operator of a low-level radioactive waste disposal facility no later than thirty days following the end of each quarter shall submit the following to the South Carolina Department of Revenue and Taxation:

(1) a report detailing the quantity and type of waste disposed of during the previous calendar quarter; and

(2) a check made payable to the South Carolina Department of Revenue and Taxation for the amount of the tax imposed in (A) above.

(C) An amount equal to six dollars a cubic foot of each cubic foot of waste disposed of in this State must be allocated to the Education Finance Act until such time as the program is fully funded. All remaining revenues collected pursuant to this section must be allocated as follows: ninety-five percent of the revenues collected pursuant to this section must be credited to the Children's Education Endowment, a fund separate and distinct from the general fund of the State, in the manner provided by law, and the remaining revenues must be remitted by the State Treasurer to the governing body of Barnwell County for distribution to each of the parties to and beneficiaries of the order of the United States District Court in C.A. No. 1:90-2912-6 on the same schedule of allocation as is established within that order for the distribution of `payments in lieu of taxes' paid by the United States Department of Energy.

(D) For purposes of this section `low-level radioactive waste' means property delivered to the low-level radioactive waste disposal facility in Barnwell County for long-term disposal. It does not include materials consumed or disposed of arising out of the operation of the facility.

(E) The tax imposed by this section is calculated by multiplying the amount of the tax imposed on a cubic foot by the cubic foot amount specified in the permits required by the South Carolina Department of Health and Environmental Control and submitted at the time of delivery of the low-level radioactive waste."

B. Chapter 143 of Title 59 of the 1976 Code, as added by Section 82, Part II of Act 145 of 1995, is amended to read:

Section 59-143-10. There is hereby established the South Carolina Children's Education Endowment. The revenue received pursuant to Section 48-48-140(C) must be deposited by the State Treasurer in a fund separate and distinct from the state general fund entitled the `Children's Education Endowment'. All interest or income earned by the fund shall be retained in the fund and used for its stated purposes which are to provide funding for Public School Facilities Assistance and Higher Education Scholarship Grants. It is the intent of the General Assembly that in creating this endowment that its funds be managed so as to establish and fund these programs permanently. Upon receipt of monies transferred to the Children's Education Endowment by the State Treasurer, thirty percent of these monies must be allocated to Higher Education Scholarship Grants and seventy percent must be allocated to Public School Facility Assistance. Earnings on each allocation shall accumulate for the benefit of that particular program. Beginning with the fiscal year ending June 30, 1996, the Comptroller General shall record low-level radioactive waste tax revenues collected from the Barnwell waste facility on the accrual basis; however, no expenditure may be made against these accrued revenues until the related cash is deposited with the State. These revenues must be distributed in the manner prescribed by Section 48-48-140. Funds made available for Need-based Grants and Palmetto Fellows Scholarships through the Higher Education Scholarship Grants allocation must be no more than the prior year's earned revenue and must be released for use on July first and January first of each fiscal year. Funds made available from the public school facilities program allocation must be no more than the funds earned and received for that allocation through the most recently completed quarter."

C. This section takes effect July 1, 1996.

TO AMEND SECTION 12-28-2720 OF THE 1976 CODE, RELATING TO DISTRIBUTION OF THE REVENUES OF THE 10.34 CENTS A GALLON TAX ON GASOLINE, SO AS TO PHASE-IN THE CREDITING OF THE TOTAL AMOUNT OF THE TAX TO THE STATE HIGHWAY FUND.

A. Section 12-28-2720 of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"Section 12-28-2720. The proceeds from ten and thirty-four hundredths cents a gallon of the tax on gasoline only as levied and provided for in this chapter must be turned over to the Department of Transportation for the purpose of that department."

B. Notwithstanding the provisions of Section 12-28-2720 of the 1976 Code as amended by this section, and for the applicable portion of Fiscal Year 1996-97 only, revenues of the 10.34 cents a gallon tax on gasoline must be distributed as follows:

(1) 9.84 cents a gallon must be turned over to the Department of Transportation for the purposes of the department; and

(2) one-half cent a gallon must be deposited to the credit of the general fund of the State.

C. This section takes effect June 1, 1997.

TO AMEND THE 1976 CODE BY ADDING SECTION 12-37-935 SO AS TO PROVIDE A PHASED-IN INCREASE IN THE DEPRECIATION ALLOWANCE FOR MANUFACTURER'S MACHINERY AND EQUIPMENT FOR PURPOSES OF THE PROPERTY TAX AND TO PROVIDE FOR THE REIMBURSEMENT OF LOCAL TAXING ENTITIES FOR REVENUES NOT COLLECTED BECAUSE OF THIS ADDITIONAL DEPRECIATION; AND TO AMEND SECTION 12-37-930, AS AMENDED, RELATING TO VALUATION OF PROPERTY AND DEPRECIATION OF MANUFACTURER'S MACHINERY AND EQUIPMENT FOR PURPOSES OF THE PROPERTY TAX, SO AS TO CONFORM IT TO THE PROVISIONS OF SECTION 12-37-935 AS ADDED BY THIS ACT.

A. Article 5, Chapter 37, Title 12 of the 1976 Code is amended by adding:

"Section 12-37-935. (A) Except as provided in Section 12-37-930 for custom molds and dies used in the conduct of manufacturing electronic interconnection component assembly devices for computers and computer peripherals, and equipment used in the manufacture of tires by manufacturers who employ more than five thousand employees in this State and have over one billion dollars in capital investment in this State, the original cost must not be reduced more than the percentage provided in the following schedule:

         Property Tax Year        Maximum Percentage Depreciation

           Before 1997                                80 percent
           1997                                       83.3 percent
           1998                                       86.6 percent
           After 1998                                 90 percent.

(B) There is established in the State Treasury a fund separate and distinct from the general fund of the State and all other funds styled The Depreciation Property Tax Reimbursement Fund. Annually, the General Assembly shall appropriate to this fund an amount sufficient to reimburse all local taxing entities the amount of revenue not collected as a result of the additional depreciation more than eighty percent allowed for manufacturer's machinery and equipment pursuant to this section. No reimbursement is allowed for any depreciation allowed in connection with custom molds and dies used in the conduct of manufacturing electronic interconnection component assembly devices for computers and computer peripherals and equipment used in the manufacture of tires by manufacturers who employ more than five thousand employees in this State and have over one billion dollars in capital investment in this State. Reimbursements must be paid from the fund in the manner provided in Section 12-37-270, mutatis mutandis."

B. The penultimate paragraph of Section 12-37-930 of the 1976 Code, as last amended by Act 231 of 1996, is further amended to read:

"In no event may the original cost be reduced by more than as provided in Section 12-37-935, except this limit is ninety percent for (1) custom molds and dies used in the conduct of manufacturing electronic interconnection component assembly devices for computers and computer peripherals; and (2) equipment used in the manufacture of tires by manufacturers who employ more than five thousand employees in this State and have over one billion dollars in capital investment in this State. Capital investment will be based upon the gross cost of assets in South Carolina as shown on the manufacturer's property tax and fee-in-lieu of property tax filings. In the year of acquisition, depreciation is allowed as if the property were owned for the full year. The term `original cost' means gross capitalized cost, including property on which the taxpayer made the election allowed pursuant to Section 179 of the Internal Revenue Code of 1986, as shown by the taxpayer's records for income tax purposes. For purposes of this paragraph, custom molds and dies used in the conduct of manufacturing electronic interconnection component assembly devices for computers and computer peripherals are molds and dies designed, produced, and conditioned to the special order of a manufacturer."

C. This section takes effect for property tax years beginning after 1996.

TO AMEND SECTION 12-28-2730 OF THE 1976 CODE, RELATING TO THAT PORTION OF GASOLINE TAX CREDITED TO THE SPECIAL WATER RECREATIONAL RESOURCES FUND, SO AS TO PROVIDE FOR THE REIMBURSEMENT OF THE DEPARTMENT OF NATURAL RESOURCES FOR NOXIOUS AQUATIC WEED TREATMENT.

A. Section 12-28-2730(C) of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"(C) The Department of Natural Resources must be reimbursed for engineering, design, rehabilitation, and law enforcement costs incurred in the administration of the provisions of this section. The Department of Natural Resources must be reimbursed for noxious aquatic weed treatment. Funds for law enforcement and noxious aquatic weed treatment may not exceed one-third of revenues to the special water recreational resources fund. Funds for reimbursement must be transferred from funds collected under the provisions of this section."

B. This section takes effect July 1, 1996.

TO REPEAL SECTION 11-9-60 OF THE 1976 CODE, RELATING TO CERTAIN OFFICES FURNISHING THE COMPTROLLER GENERAL WITH REPORTS OF EVIDENCES OF INDEBTEDNESS DUE TO THE STATE.

A. Section 11-9-60 of the 1976 Code is repealed.

B. This section takes effect July 1, 1996.

TO REPEAL SECTION 1-11-380 OF THE 1976 CODE, RELATING TO THE STATEWIDE VENDOR CODING SYSTEM AND SECTION 1-11-390, RELATING TO THE COMPTROLLER GENERAL'S ACCUMULATION AND REPORTING OF EXPENDITURE TRANSACTIONS AND HIS DETERMINATION OF THE SUMMARY LEVEL FOR REPORTING UNDER THE FISCAL ACCOUNTABILITY ACT.

A. Sections 1-11-380 and 1-11-390 of the 1976 Code are repealed.

B. This section takes effect July 1, 1996.

TO REPEAL SECTION 11-5-40 OF THE 1976 CODE, RELATING TO THE ISSUANCE OF DUPLICATE RECEIPTS TO CERTAIN PERSONS.

A. Section 11-5-40 of the 1976 Code is repealed.

B. This section takes effect July 1, 1996.

TO REPEAL SECTION 11-9-100 OF THE 1976 CODE, RELATING TO THE BUDGET AND CONTROL BOARD'S AUTHORITY TO WITHHOLD APPROPRIATIONS FROM AN AGENCY FAILING TO CORRECT CERTAIN DEFICIENCIES OR VIOLATIONS CITED IN INTERNAL OPERATIONS.

A. Section 11-9-100 of the 1976 Code is repealed.

B. This section takes effect July 1, 1996.

TO AMEND SECTION 10-1-140 OF THE 1976 CODE, RELATING TO RESPONSIBILITY FOR PERSONAL PROPERTY OF STATE DEPARTMENTS, AGENCIES, AND INSTITUTIONS, SO AS TO PLACE RESPONSIBILITY FOR SUCH PROPERTY IN THE AGENCY HEAD REGARDLESS OF THE NUMBER OF EMPLOYEES.

A. Section 10-1-140 of the 1976 Code is amended to read:

"Section 10-1-140. The head of each department, agency or institution of this State is responsible for all personal property under his supervision and each fiscal year shall make an inventory of all such property under his supervision, except expendables. The State Auditor shall make an audit of this property as he considers necessary or when requested to do so."

B. This section takes effect July 1, 1996.

TO AMEND THE 1976 CODE BY ADDING SECTION 8-15-65 SO AS TO REQUIRE ANNUAL APPROPRIATIONS BY THE GENERAL ASSEMBLY FOR SALARY SUPPLEMENTS FOR COUNTY CLERKS OF COURT, PROBATE JUDGES, SHERIFFS, REGISTERS OF MESNE CONVEYANCES, COUNTY AUDITORS, AND COUNTY TREASURERS TO PROVIDE FOR THE MANNER OF PAYMENT OF THESE SUPPLEMENTS, AND TO PROVIDE FOR A REDUCTION IN THE DISTRIBUTION DUE A COUNTY UNDER THE STATE AID TO SUBDIVISIONS ACT WHEN A COUNTY REDUCES THE SALARY OR REDUCES THE OFFICE FUNDING FOR ANY OF THESE OFFICES.

A. Chapter 15, Title 8 of the 1976 Code is amended by adding:

"Section 8-15-65. (A) The General Assembly shall appropriate annually salary supplements for the following county officers:

(1) clerks of court;

(2) probate judges;

(3) sheriffs;

(4) registers of mesne conveyances;

(5) auditors;

(6) treasurers.

(B) The amounts appropriated for salary supplements pursuant to subsection (A) must include both salary and related employer contributions and are in addition to amounts provided as compensation for these officials by counties. To the extent that compensation for these officers is reduced by a county or there is any other reduction of expenditures in the operations of their offices, a corresponding reduction must be made in the distribution otherwise due the county pursuant to Chapter 27 of Title 6, the State Aid to Subdivisions Act.

(C) Except as provided in subsection (B), the salary supplement must be uniform with respect to a particular county officer but may vary between the different category of officers.

(D) Amounts appropriated for the officers listed in subsection (A)(1), (2), (3), and (4) must be paid to county treasurers in a lump sum at the beginning of the fiscal year and paid to these officers over a twelve-month period in the same manner that salaries are paid county employees. Amounts appropriated pursuant to this section for the officers listed in subsection (A)(5) and (6) must be administered by the Office of the Comptroller General and paid in accordance with the schedule and method of payment provided for state employees."

B. This section takes effect July 1, 1996.

TO AMEND TITLE 59 OF THE 1976 CODE, RELATING TO EDUCATION, BY ADDING CHAPTER 142 SO AS TO ESTABLISH A NEED-BASED GRANTS PROGRAM UNDER WHICH STUDENTS MEETING CERTAIN QUALIFICATIONS WHO ENROLL AS UNDERGRADUATES IN PUBLIC OR SPECIFIED PRIVATE INSTITUTIONS OF HIGHER LEARNING IN THIS STATE MAY RECEIVE A NEED-BASED GRANT DERIVED FROM THE CHILDREN'S EDUCATION ENDOWMENT FUND; TO AMEND SECTION 59-104-20, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP PROGRAM, SO AS TO DELETE THE REQUIREMENT THAT ONE-HALF OF THE SCHOLARSHIP AMOUNT BE PROVIDED BY THE INSTITUTION AT WHICH THE STUDENT IS ENROLLED; AND TO PROVIDE FOR THE MANNER IN WHICH FUNDING FOR THE NEED-BASED GRANTS PROGRAM ESTABLISHED ABOVE AND FOR THE PALMETTO FUND SCHOLARSHIP PROGRAM SHALL BE ALLOCATED TO THE VARIOUS INSTITUTIONS.

A. Title 59 of the 1976 Code is amended by adding:

Section 59-142-10. (A) The State shall fund a need-based grant for a student who enrolls as an undergraduate in a public institution of higher learning in this State, who applies for the need-based grant, and who meets the following qualifications:

(1) meets domicile requirements as defined in Section 59-112-20 with the additional requirement of at least twelve consecutive months of residency in the State of South Carolina immediately preceding enrollment;

(2) is accepted by and enrolled or registered in a state public institution of higher learning as a first degree full-time student in a certificate, or diploma of at least one year in length, or undergraduate degree program;

(3) is of good moral character and has never been convicted of a felony; and

(4) is found to be in financial need according to federal Title IV regulations.

(B) To maintain continued state need-based grants, once enrolled a student shall:

(1) complete a minimum of twenty-four semester hours an academic year and make satisfactory academic progress toward a degree as determined by the institution;

(2) have no criminal record;

(3) be eligible for the need-based grants for a maximum of four academic years of two semesters.

Section 59-142-20. Consistent with this section, the Commissioner of Higher Education shall be responsible for making guidelines available for FY 96-97 and shall promulgate regulations necessary to administer the need-based grants program in accordance with the Administrative Procedures Act for years after 1996-97. The need-based grants program must be administered at the campus level.

Pursuant to Section 59-103-165, the commission shall incorporate information pertaining to the need-based grant program in the information packets concerning post-secondary education for eighth grade students and their parents or guardians.

Section 59-142-30. Assessment of need must be determined only after all other sources of grant funding, including institutional, state, and federal sources have been exhausted.

Section 59-142-40. The provisions of this chapter apply to eligible students beginning in the 1996-97 academic year. Funds must be allocated in a given year to institutions based on the percentage of the state full-time enrollment enrolled at the institutions in the preceding year. Funds must be awarded to eligible students according to the financial need of the student.

Section 59-142-50. For the purposes of this chapter, an eligible public institution of higher learning means a `public institution of higher learning' as defined in Section 59-103-5.

Section 59-142-60. It shall be unlawful for a person to obtain, attempt to obtain, expend, or attempt to expend a need-based grant provided by this chapter for any purpose other than in payment of or reimbursement for the cost of tuition and fees to the student to whom the grant has been awarded at the institution the student is authorized to attend under the grant.

Section 59-142-70. Students at private institutions of higher learning in this State whose major campus and headquarters are located in South Carolina also are eligible for need-based grants in the manner provided by law."

B. Section 59-104-20 of the 1976 Code, as added by Act 629 of 1988, is amended to read:

"Section 59-104-20. The Palmetto Fellows Scholarship Program is established to foster scholarship among the state's post-secondary students and retain outstanding South Carolina high school graduates in the State through awards based on scholarship and achievement. Measures must be taken to ensure equitable minority participation in this program. Recipients of these scholarships are designated Palmetto Fellows. Each Palmetto Fellow shall receive a scholarship in an amount designated by the Commission on Higher Education. The commission shall promulgate regulations and establish procedures to administer the program and request annual state appropriations for the program."

C. (1) Of the funds made available for higher education scholarship grants from the higher education scholarship grant allocation under Section 59-143-10 of the 1976 Code for any year, a percentage thereof must be allocated for higher education scholarships and grants for students attending South Carolina independent colleges of higher learning in this State. This percentage shall be equivalent to the percentage of the independent colleges' share of the total South Carolina resident undergraduate full-time (FTE) enrollment of all public and independent higher education institutions in South Carolina based on the previous year's data as determined by the Commission on Higher Education and the South Carolina Tuition Grants Commission.

(2) The allocation each year to students at the South Carolina independent colleges under item (1) above shall be used to provide tuition grants under Chapter 113 of Title 59 of the 1976 Code, and Palmetto Fellows Scholarships under Section 59-104-20 of the 1976 Code in the manner the General Assembly shall provide in the annual general appropriations act. Of the funds allocated to independent college students, fifty percent shall be awarded for South Carolina Tuition Grants and fifty percent shall be awarded under the Palmetto Fellows Program. The funds allocated for South Carolina Tuition Grants to South Carolina independent colleges students under this subsection shall be included in the annual appropriation to the Commission on Higher Education and transferred annually into the budget of the South Carolina Tuition Grants Commission in the amount prescribed in item (1) above. The funds allocated for Palmetto Fellows Scholarships to South Carolina independent college students under this subsection shall be included in the annual appropriation to the Commission on Higher Education and may only be awarded to eligible students attending South Carolina independent colleges.

(3) Independent colleges for purposes of this subsection means those institutions eligible to participate in the South Carolina Tuition Grants Program as defined by Section 59-113-50.

(4) Public institutions shall receive the remaining allocation each year of the funds made available for higher education scholarship grants under Section 59-143-10. One-half shall be used to provide higher education need-based grants as provided for in this act or otherwise provided for in state law, and one-half shall be used to provide Palmetto Fellows Scholarships under Section 59-104-20 of the 1976 Code in the manner the General Assembly shall provide in the annual general appropriations act.

(5) The maximum amount of funding provided for awards to students attending South Carolina independent colleges from the Children's Education Endowment Fund for South Carolina Tuition Grants and Palmetto Fellows scholarships shall not exceed the percentage funding calculation described under item (1) above.

TO AMEND ACT 145 OF 1995, THE GENERAL APPROPRIATIONS ACT FOR FISCAL YEAR 1995-96, SO AS TO REVISE THE MANNER IN WHICH FUNDS OF THE CHILDREN'S EDUCATION ENDOWMENT FUND ARE DISTRIBUTED FOR FISCAL YEAR 1995-96.

Paragraph 72.71 of Part IB of Act 145 of 1995 is amended to read:

"72.71. (GP:Children's Education Endowment Fund) Notwithstanding provisions contained within this act, for this fiscal year only, the revenue credited to the Children's Education Endowment Fund pursuant to Section 48-48-140(C) shall be used as follows: $7,000,000 for University of Charleston -- Acquisition of Adjoining Property, $4,000,000 for Greenville Higher Education Consortium, $5,400,000 for Archives and History -- History Center, $600,000 for the School for the Deaf and the Blind -- Maintenance and Equipment, and $185,000 for Wil Lou Gray Opportunity School -- Building Maintenance with the remaining funds to be distributed on a seventy percent-thirty percent basis to Public School Facilities Assistance and Higher Educational Scholarship Grants, respectively."

TO AMEND SECTION 14-1-200 OF THE 1976 CODE, RELATING TO THE SALARIES OF SUPREME COURT JUSTICES, JUDGES OF THE COURT OF APPEALS, CIRCUIT COURT, AND FAMILY COURT, AND CIRCUIT SOLICITORS, SO AS TO REVISE OR FURTHER PROVIDE FOR THE SALARIES OF SUCH JUSTICES AND JUDGES, AND TO DELETE REFERENCES TO SOLICITORS IN THE SECTION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 1-7-1000 SO AS TO PROVIDE THAT CIRCUIT SOLICITORS SHALL RECEIVE A SALARY AS PROVIDED BY THE GENERAL ASSEMBLY IN THE ANNUAL GENERAL APPROPRIATIONS ACT.

A. Section 14-1-200 of the 1976 Code is amended to read:

"Section 14-1-200. The General Assembly shall establish the salary of the Chief Justice and Associate Justices of the Supreme Court in the annual general appropriation act with the salary of the Chief Justice to be one hundred five percent of the salary fixed for Associate Justices of the Supreme Court and shall fix the salaries for the court of appeals, circuit court, and family court according to the following schedule:

(1) The chief judge of the court of appeals shall receive a salary in an amount equal to ninety-nine percent of the salary fixed for Associate Justices of the Supreme Court;

(2) Judges of the court of appeals shall receive a salary in an amount equal to ninety-seven and one-half percent of the salary fixed for Associate Justices of the Supreme Court, and circuit court judges shall receive a salary in an amount equal to ninety-five percent of the salary fixed for Associate Justices of the Supreme Court;

(3) Judges of the family court shall receive a salary in an amount equal to ninety-two and one-half percent of the salary fixed for Associate Justices of the Supreme Court."

B. One-half of the increase in the salaries of justices and judges provided for in the amendment to Section 14-1-200 of the 1976 Code in subsection A of this section takes effect on July 1, 1997, and one-half of such increase takes effect on July 1, 1998.

C. The 1976 Code is amended by adding:

"Section 1-7-1000. Circuit solicitors shall receive a salary as provided by the General Assembly in the annual general appropriations act."

D. An amount not to exceed one hundred dollars may be appropriated by the General Assembly to implement the provisions of this section.

E. Except as otherwise stated, this section takes effect July 1, 1996.

TO AMEND SECTION 16-3-26, AS AMENDED, OF THE 1976 CODE, RELATING TO THE NOTICE THE SOLICITOR MUST GIVE TO A DEFENSE ATTORNEY WHEN HE SEEKS THE DEATH PENALTY, THE APPOINTMENT OF ATTORNEYS, AND THE PROVISION OF INVESTIGATIVE, EXPERT, OR OTHER SERVICES TO INDIGENT PERSONS FACING THE DEATH PENALTY, SO AS TO REVISE THE PROVISIONS RELATING TO THE PAYMENT OF FEES AND EXPENSES ASSOCIATED WITH THE DEFENSE OF CERTAIN INDIGENTS, AND THE QUALIFICATIONS AND APPOINTMENT OF ATTORNEYS HANDLING DEATH PENALTY CASES; TO AMEND SECTION 17-3-30, AS AMENDED, RELATING TO INDIGENTS WHO HAVE BEEN APPOINTED LEGAL COUNSEL, CERTAIN FEES THESE PERSONS ARE REQUIRED TO PAY FOR LEGAL SERVICES, AND FUNDS SET ASIDE FOR THE DEFENSE OF INDIGENT, SO AS TO REVISE THE PROCESS OF COLLECTING FEES FROM INDIGENTS WHO HAVE BEEN APPOINTED LEGAL COUNSEL; TO AMEND SECTION 17-3-330, AS AMENDED, RELATING TO DUTIES OF THE OFFICE OF INDIGENT DEFENSE, SO AS TO PROVIDE FOR THE DISTRIBUTION OF UNEXPENDED FUNDS AND THE QUALIFICATIONS A PERSON SHALL POSSESS TO BE APPOINTED BY THE COURT AND COMPENSATED BY THE DEATH PENALTY TRIAL FUND.

A. Section 16-3-26 of the 1976 Code, as last amended by Section 45D, Part II, Act 164 of 1993, and Section 14.1, Part IB, Act 145 of 1995, is further amended to read:

"Section 16-3-26. (A) Whenever the solicitor seeks the death penalty he shall notify the defense attorney of his intention to seek such penalty at least thirty days prior to the trial of the case. At the request of the defense attorney, the defense attorney shall be excused from all other trial duties ten days prior to the term of court in which the trial is to be held.

(B) (1) Whenever any person is charged with murder and the death penalty is sought, the court, upon determining that such person is unable financially to retain adequate legal counsel, shall appoint two attorneys to defend such person in the trial of the action. One of the attorneys so appointed shall have at least five years' experience as a licensed attorney and at least three years' experience in the actual trial of felony cases, and only one of the attorneys so appointed shall be the Public Defender or a member of his staff. In all cases where no conflict exists, the public defender or member of his staff shall be appointed if qualified. If a conflict exists, the court shall then turn first to the contract public defender attorneys, if qualified, before turning to the Office of Indigent Defense.

(2) Notwithstanding any other provision of law, the court shall order payment of all fees and costs from funds available to the Office of Indigent Defense for the defense of indigent. Any attorney appointed shall be compensated at a rate not to exceed fifty dollars per hour for time expended out of court and seventy-five dollars per hour for time expended in court. Compensation shall not exceed twenty-five thousand dollars and shall be paid from funds available to the Office of Indigent Defense for the defense of indigent represented by court-appointed, private counsel.

(C) (1) Upon a finding in ex parte proceedings that investigative, expert, or other services are reasonably necessary for the representation of the defendant whether in connection with issues relating to guilt or sentence, the court shall authorize the defendant's attorneys to obtain such services on behalf of the defendant and shall order the payment, from funds available to the Office of Indigent Defense, of fees and expenses not to exceed twenty thousand dollars as the court shall deem appropriate. Payment of such fees and expenses may be ordered in cases where the defendant is an indigent represented by either court-appointed, private counsel or the public defender.

(2) Court-appointed counsel seeking payment for fees and expenses shall request these payments from the Office of Indigent Defense within thirty days after the completion of the case. For the purposes of this statute, exhaustion of the funds shall occur if the funds administered by the Office of Indigent Defense and reserved for death penalty fees and expenses have been reduced to zero. If either the Death Penalty Trial Fund or the Conflict Fund has been exhausted in a month and the other fund contains money not scheduled to be disbursed in that month, then the Indigent Defense Commission must transfer a sufficient amount from the fund with the positive fund balance to the fund with no balance and pay the obligation to the extent possible.

(D) Payment in excess of the hourly rates and limit in subsection (B) or (C) is authorized only if the court certifies, in a written order with specific findings of fact, that payment in excess of the rates is necessary to provide compensation adequate to ensure effective assistance of counsel and payment in excess of the limit is appropriate because the services provided were reasonably and necessarily incurred. Upon a finding that timely procurement of such services cannot await prior authorization, the court may authorize the provision of and payment for such services nunc pro tunc.

(E) After completion of the trial, the court shall conduct a hearing to review and validate the fees, costs, and other expenditures on behalf of the defendant.

(F) The Supreme Court shall promulgate guidelines on the expertise and qualifications necessary for attorneys to be certified as competent to handle death penalty cases.

(G) The Office of Indigent Defense shall maintain a list of death penalty qualified attorneys who have applied for and received certification by the Supreme Court as provided for herein. In the event the court appointed counsel notifies the chief administrative judge in writing that he or she does not wish to provide representation in a death penalty case the chief administrative judge shall advise the Office of Indigent Defense which shall forward a name or names to the chief administrative judge for consideration. The appointment power is vested in the chief administrative judge. The Office of Indigent Defense shall establish guidelines as are necessary to ensure that attorneys' names are presented to the judges on a fair and equitable basis taking into account geography and previous assignments from the list. Efforts shall be made to present an attorney from the area or region where the action is initiated.

(H) The payment schedule set forth herein, as amended by Act 164 of 1993, shall apply to any case for which trial occurs on or after July 1, 1993.

(I) Notwithstanding another provision of law, only attorneys who are licensed to practice in this State and residents of this State may be appointed by the Court and compensated with funds appropriated to the Death Penalty Trial Fund in the Office of Indigent Defense. This proviso shall not pertain to any case in which council has been appointed on the effective date of this Act.

(J) The Judicial Department biennially shall develop and make available to the public a list of standard fees and expenses associated with the defense of an indigent person in a death penalty case."

B. Section 17-3-30 of the 1976 Code, as last amended by Section 45E, Part II, Act 164 of 1993, and Section 14.1, Part IB, Act 145 of 1995, is further amended to read:

"Section 17-3-30. (A) A person to whom counsel has been provided shall execute an affidavit that he is financially unable to employ counsel and that affidavit shall set forth all his assets. If it appears that the person has some assets but they are insufficient to employ private counsel, the court, in its discretion, may order the person to pay these assets to the defender corporation of the county or counties wherein he is being represented or, if a defender corporation does not exist therein, to the Office of Indigent Defense of the State of South Carolina.

(B) A twenty-five dollar application fee for public defender services must be collected from every person who executes an affidavit that he is financially unable to employ counsel. The person may apply to the clerk of court or other appropriate official for a waiver or reduction in the application fee. If the clerk or other appropriate official determines that the person is unable to pay the application fee, the fee may be waived or reduced. The clerk of court or other appropriate official shall collect the application fee imposed by this section and remit the proceeds to the state fund on a monthly basis. The monies must be deposited in an interest-bearing account separate from the general fund and used only to provide for indigent defense services. The monies shall be administered by the Office of Indigent Defense.

(C) Sufficient funds shall be set aside from allocations provided for the defense of indigent to provide for adequate screening of applications for indigent assistance to ensure the applicant is qualified."

C. Section 17-3-330 of the 1976 Code, as last amended by Section 45C, Part II, Act 164 of 1993, and Section 14.1, Part IB, Act 145 of 1995, is further amended to read:

"Section 17-3-330. (A) The Office of Indigent Defense shall:

(1) serve as the entity which distributes all funds appropriated by the General Assembly for the defense of indigent, including funds allocated to counties' public defender offices pursuant to formula, funds for the defense of capital cases, funds for attorney fees and expenses in non-capital cases, and other funds appropriated for these purposes;

(2) perform those functions provided under Section 16-3-26(G);

(3) serve as a resource for the compilation of accurate statistical data covering the indigent defense system in this State;

(4) implement other duties the commission may direct; and

(5) report annually to the General Assembly on the indigent defense system.

(B) On or about June 30, 1994 and every year thereafter on that date, if the Office of Indigent Defense determines, after taking into consideration all outstanding obligations against the fund for payment of attorney fees and expenses in non-capital cases, that unexpended funds remain, these funds shall be rolled over into the fund for payment of attorney fees and expenses in capital cases; provided however this shall occur only in the event the funds in the capital fund have been exhausted at that time. This fund shall at no time exceed $2,750,000.

(C) Notwithstanding another provision of law, only attorneys who are licensed to practice in this State and residents of this State may be appointed by the court and compensated with funds appropriated to the Death Penalty Trial Fund in the Office of Indigent Defense."

D. This section takes effect July 1, 1996.

TO PROVIDE THAT THE DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE DIVISION OF SECURITIES OF THE OFFICE OF THE SECRETARY OF STATE ARE DEVOLVED UPON THE ATTORNEY GENERAL'S OFFICE ON JULY 1, 1996, TO PROVIDE THAT THE ATTORNEY GENERAL SHALL ADMINISTER THE SOUTH CAROLINA UNIFORM SECURITIES ACT AND SHALL SERVE EX OFFICIO AS THE SECURITIES COMMISSIONER, TO PROVIDE THAT ALL PERSONNEL, APPROPRIATIONS, AND FULL-TIME EQUIVALENT POSITIONS OF THE DIVISION OF SECURITIES ALSO SHALL BE TRANSFERRED TO THE ATTORNEY GENERAL'S OFFICE ON JULY 1, 1996; TO AMEND THE 1976 CODE BY ADDING SECTION 35-1-220 SO AS TO ALLOW THE ATTORNEY GENERAL TO RETAIN A PORTION OF FEES AND PROCEEDS IN SETTLEMENT OF VIOLATIONS TO OFFSET COSTS OF ADMINISTERING THE UNIFORM SECURITIES ACT; AND TO AMEND SECTIONS 35-1-20 AND 35-1-30 OF THE 1976 CODE, RELATING TO THE UNIFORM SECURITIES ACT, SO AS TO REFLECT THE ATTORNEY GENERAL AS BEING THE SECURITIES COMMISSIONER WHO SHALL ADMINISTER THE ACT.

A. The duties, functions, and responsibilities of the Division of Securities of the office of the Secretary of State are hereby devolved upon the Attorney General's office on July 1, 1996. All personnel, appropriations, and full-time equivalent positions of the Division of Securities also shall be transferred to the Attorney General's office on July 1, 1996.

B. The Attorney General shall administer the South Carolina Uniform Securities Act as contained in Chapter 1 of Title 35 of the 1976 Code and shall serve ex officio as the Securities Commissioner.

C. Article 1, Chapter 1, Title 35 of the 1976 Code is amended by adding:

"Section 35-1-220. (A) Fee revenues collected pursuant to this chapter in excess of such revenues credited to the general fund of the State in Fiscal Year 1995-96 may be retained by the Attorney General and used for the operations of the Securities Division.

(B) The Attorney General may retain the first two hundred fifty thousand dollars received by the Division of Securities in a fiscal year in settlement of litigation enforcement action and reimbursements of expenses arising from violations under this chapter to offset investigative, prosecutive, and administrative costs of enforcing this chapter."

D. Section 35-1-20(1) of the 1976 Code is amended to read:

"(1)`Securities Commissioner' means Attorney General, who shall be ex officio Securities Commissioner."

E. Section 35-1-30 of the 1976 Code is amended to read:

"Section 35-1-30. This chapter shall be administered by the Attorney General, who shall be ex officio the Securities Commissioner and who may employ such additional assistants at such salaries as may be authorized by the General Assembly."

F. This section takes effect July 1, 1996.

TO PROVIDE THAT THE DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE DIVISION OF PUBLIC CHARITIES OF THE OFFICE OF THE SECRETARY OF STATE ARE DEVOLVED UPON THE ATTORNEY GENERAL'S OFFICE ON JULY 1, 1996; TO TRANSFER ALL PERSONNEL, APPROPRIATIONS, AND FULL-TIME EQUIVALENT POSITIONS OF THE DIVISION OF PUBLIC CHARITIES TO THE ATTORNEY GENERAL'S OFFICE ON JULY 1, 1996; TO PROVIDE THAT THE ATTORNEY GENERAL SHALL ADMINISTER THE "SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT"; AND TO AMEND SECTIONS 33-56-20, 33-56-30, 33-56-40, 33-56-50, AS AMENDED, 33-56-60, AS AMENDED, 33-56-70, 33-56-80, 33-56-90, 33-56-100, 33-56-110, 33-56-120, 33-56-130, 33-56-140, 33-56-150, 33-56-160, AND 33-56-190 OF THE 1976 CODE, ALL RELATING TO THE SOLICITATION OF CHARITABLE FUNDS, SO AS TO DELETE REFERENCES TO THE SECRETARY OF STATE AND REFLECT THE ATTORNEY GENERAL AND HIS OFFICE AS THE OFFICIAL AND THE AGENCY TO ADMINISTER THE PROVISIONS OF THE "SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT", AND TO ALLOW THE ATTORNEY GENERAL TO RETAIN A PORTION OF ADMINISTRATIVE FINES TO OFFSET THE EXPENSES OF ENFORCEMENT.

A. The duties, functions, and responsibilities of the Division of Public Charities of the office of the Secretary of State are devolved upon the Attorney General's office on July 1, 1996. All personnel, appropriations, and full-time equivalent positions of the Division of Public Charities also are transferred to the Attorney General's office on July 1, 1996.

B. The Attorney General shall administer the "South Carolina Solicitation of Charitable Funds Act" as contained in Chapter 56 of Title 33 of the 1976 Code.

C. Section 33-56-20 of the 1976 Code, as added by Act 461 of 1994, is amended by deleting:

"(5)`Secretary' means the Secretary of State."

D. Section 33-56-30 of the 1976 Code, as added by Act 461 of 1994, is amended to read:

"Section 33-56-30. Except as otherwise provided in this chapter, every charitable organization which intends to solicit contributions within this State or have contributions solicited on its behalf shall file a registration statement with the Attorney General on forms prescribed by the Attorney General by July first of each year but in all cases prior to solicitation. It is the duty of the chief executive officer or chief financial officer of each charitable organization to file the statements required under this chapter. The statements must be sworn to and contain:

(1)the name of the organization;

(2)the purpose for which it was organized;

(3)the principal address of the organization and the address of any offices in this State. If the organization does not maintain an office, the name and address of the person having custody of its financial records;

(4)the names and addresses of the chief executive officer and chief financial officer;

(5)the names and addresses of any chapters, branches, or affiliates in this State;

(6)the place and date the organization was legally established, the form of its organization, and a reference to any determination of its tax exempt status under the Internal Revenue Code;

(7)whether the organization intends to use professional solicitors or hire individuals to solicit;

(8)whether it is certified as a tax exempt organization and is authorized by any other governmental authority in this State to solicit contributions;

(9)whether it is or has ever been enjoined by any court from soliciting contributions; and

(10)the general purpose for which the contributions to be solicited shall be used.

The registration forms and other documents prescribed by the Attorney General must be signed by the chief executive officer and chief financial officer of the charitable organization and certified as true. Every charitable organization which submits a registration to the Attorney General must pay an annual registration fee of fifty dollars."

E. Section 33-56-40 of the 1976 Code, as added by Act 461 of 1994, is amended to read:

"Section 33-56-40. The Children's Trust Fund of South Carolina as established by Section 20-7-5010 is required to register with the Attorney General but is not required to pay the annual registration fee provided for in Section 33-56-30."

F. Section 33-56-50 of the 1976 Code, as last amended by Act 294 of 1996, is further amended to read:

"Section 33-56-50. The following are not required to file registration statements with the Attorney General, provided none of its fund-raising activities are carried on by professional solicitors:

(1) an educational institution which solicits contributions only from its students and their families, alumni, faculty, friends and other constituencies, trustees, corporations, foundations, and individuals who are interested in and supportive of the programs of the institution;

(2) persons requesting contributions for the relief of an individual specified by name at the time of the solicitation when all of the contributions collected without any deductions of any kind are turned over to the named beneficiary for his use, provided that a person soliciting the contributions is not a named beneficiary;

(3) charitable organizations which (a) do not intend to solicit nor receive contributions from the public in excess of twenty thousand dollars during a calendar year or do not receive contributions from more than ten persons during a calendar year and (b) have received letters of tax exemption from the Internal Revenue Service, if all of their functions, including fund-raising activities, are carried on by persons who are unpaid for their services and if no part of their assets or income inures to the benefit of or is paid to any officer or member. If the contributions raised from the public, whether all of the contributions are or are not received by a charitable organization during any calendar year, are in excess of twenty thousand dollars or are received from more than ten people, within thirty days after the date the contributions exceed twenty thousand dollars or the number of contributors exceeds ten, it must register with and report to the department as required by this chapter;

(4) organizations which solicit exclusively to their members, including utility cooperatives; and

(5) any veteran's organization which has a congressional charter; and

(6) the State, its political subdivisions, and any agencies or departments thereof which are subject to the disclosure provisions of the Freedom of Information Act.

Any charitable organization claiming to be exempt from the registration provisions of this chapter and which will or does solicit charitable contributions shall submit annually to the Attorney General on forms to be prescribed by the Attorney General, the name, address, and purpose of the organization and a statement setting forth the reason for the claim for exemption. If exempted, the Attorney General or his appropriate division shall issue a letter of exemption which may be exhibited to the public. No filing fee is required of an exempt organization."

G. Section 33-56-60 of the 1976 Code, as amended by Act 294 of 1996, is further amended to read:

"Section 33-56-60. (A) Each charitable organization soliciting funds in this State and not exempt under Section 33-56-50, whether individually or collectively with other organizations, shall file a report of its financial activities, on forms prescribed by the Attorney General, certified to be true by the chief executive officer and the chief financial officer of it, in the office of the Attorney General. The report must cover the preceding fiscal year and must be filed within four and one-half months of the close of the organization's fiscal year unless a written extension has been granted by the Attorney General.

The report must include:

(1) specific and itemized support and revenue statements disclosing direct public support from solicitation, indirect public support, government grants, program service revenue, and any other revenue. The report must disclose the amount of direct public support received from direct mail solicitation, telephone solicitation, commercial co-venturers, door-to-door solicitations, telethons, and all other itemized sources;

(2) specific and itemized expense statements disclosing program services, public information expenditures, fund-raising costs, payments to affiliates, management costs, and salaries paid; and

(3) balance sheet disclosures containing total assets and liabilities.

(B) However, if a charitable organization is required to file Internal Revenue Service Form 990 with the Internal Revenue Service, the organization may file such form with the Attorney General in lieu of the report required under subsection (A) of this section, provided that the form may exclude such information which the Internal Revenue Service would not release pursuant to a Freedom of Information request.

(C) An organization failing to file the report required by this section may be enjoined from further solicitation of funds in this State in an action brought by the Attorney General. An organization failing to file a timely report required by this section may be assessed by the Attorney General administrative fines not to exceed two thousand dollars."

H. Section 33-56-70 of the 1976 Code, as added by Act 461 of 1994, is amended to read:

"Section 33-56-70. Every contract or agreement between professional fund-raising counsel or professional solicitor and a charitable organization must be in writing and filed with the Attorney General within ten days after the contract is made. Every agreement or written statement of the nature of the arrangement to prevail in the absence of a contract between a professional fund-raising counsel or solicitor and a charitable organization must be filed with the Attorney General within ten days after the contract or written agreement is made. Every contract filed under this section must disclose the amount of compensation the professional fund-raising counsel or solicitor will receive, or if there is no flat fee, the percentage of collected revenues the professional fund-raising counsel or solicitor will receive. Every contract or agreement filed under this section must disclose the name and residence address of each person directing or supervising the conduct of services. Every contract or agreement filed under this section and involving telephone solicitation must disclose the location and telephone numbers from which the soliciting will be conducted.

Within ninety days after a solicitation campaign has been completed, and on the anniversary of the commencement of a solicitation campaign lasting more than one year, the professional solicitor or the charitable organization must file with the Attorney General a joint financial report for the campaign, including gross revenue and an itemization of expenses. The report must be completed on a form prescribed by the Attorney General and signed by an authorized official of the paid solicitor or an authorized official from the charitable organization and certified to be true.

A professional fund-raising counsel, professional solicitor, or charitable organization failing to comply with this section is liable for an administrative fine not to exceed ten dollars for each day of noncompliance, with a maximum fine under each nonregistered agreement of two thousand dollars."

I. Section 33-56-80 of the 1976 Code, as added by Act 461 of 1994, is amended to read:

"Section 33-56-80. Registration statements and applications, reports, professional fund-raising counsel contracts or professional solicitor contracts, and all other documents and information required to be filed under this chapter or by the Attorney General are public records in the office of the Attorney General and are open to the general public for inspection at such time and under such conditions as the Attorney General may prescribe. The Attorney General shall publish and make available to the public and to persons subject to this chapter explanatory information concerning this chapter, the duties imposed by this chapter, and the means for enforcing this chapter."

J. Section 33-56-90(4) of the 1976 Code, as added by Act 461 of 1994, is amended to read:

"(4)Upon request, a professional solicitor shall display or deliver to the solicited party a copy of his registration certification from the Attorney General."

K. Section 33-56-100 of the 1976 Code, as added by Act 461 of 1994, is amended to read:

"Section 33-56-100. In accordance with the regulations promulgated by the Attorney General, every charitable organization and professional fundraiser subject to the provisions of this chapter shall keep the true fiscal records as to its activities in this State. The records must be retained for at least three years after the end of the period of registration to which they relate."

L. Section 33-56-110 of the 1976 Code, as added by Act 461 of 1994, is amended to read:

"Section 33-56-110. No person shall act as a professional fund-raising counsel or professional solicitor for a charitable organization subject to the provisions of this chapter, unless he has first registered with the Attorney General. Applications for registration must be in writing under oath or affirmation in the form prescribed by the Attorney General and contain that information as the Attorney General may require. The application for registration by professional fund-raising counsel or professional solicitor must be accompanied by an annual fee of fifty dollars.

At the time of making application, professional solicitors shall file with and have approved by the Attorney General a surety bond in which the applicant or his employer shall be the principal obligor in the sum of fifteen thousand dollars with one or more sureties satisfactory to the Attorney General, whose liability in the aggregate as such sureties will at least equal that sum and maintain the bond in effect so long as a registration is in effect. However, a deposit of cash in the amount of fifteen thousand dollars may be accepted in lieu of the bond. The bond shall run to the State of South Carolina for the use of the Attorney General or his appropriate division and any person who may have a cause of action against the obligor of the bonds for losses resulting from malfeasance, nonfeasance, or misfeasance in the conduct of solicitation activities. A partnership or corporation which is a professional solicitor may file a consolidated bond on behalf of all its members, officers, and employees.

Each registration is valid throughout the State for one year and may be renewed for additional one-year periods upon written application under oath in the form prescribed by the Attorney General and the payment of the fee prescribed in this chapter.

Professional fundraisers or professional fund-raising counsel who fail to comply with the provisions of this section are liable for an administrative fine not to exceed ten dollars for each day of noncompliance, with a maximum fine under this paragraph of two thousand dollars."

M. Section 33-56-120(2) of the 1976 Code, as added by Act 461 of 1994, is amended to read:

"(2)No charitable organization, professional fund-raising counsel, or professional solicitor shall use or exploit the fact of registration so as to lead the public to believe that the registration in any way constitutes an endorsement or approval by the State. However, the use of the following statement is not considered a prohibited exploitation: `Registered with the Attorney General as required by law. Registration does not imply endorsement of a public solicitation for contributions.'"

N. Section 33-56-130 of the 1976 Code, as added by Act 461 of 1994, is amended to read:

"Section 33-56-130. If any charitable organization, professional fund-raising counsel, or professional solicitor soliciting contributions from people in this State and having a principal place of business outside the State, or organized under and by virtue of the laws of a foreign state, is subject to the provisions of this chapter and does not otherwise appoint a registered agent for service of process, then that charitable organization, professional fund-raising counsel, or professional solicitor is considered to have irrevocably appointed the Attorney General as an agent upon whom may be served summons, subpoena, subpoena duces tecum, or other process directed to the charitable organization, professional fund-raising counsel, or professional solicitor or any partner, principal officer, or director of it in any action or proceeding brought under the provisions of this chapter. Service of process upon the Attorney General must be made by delivering to and leaving with him personally a copy thereof at the office of the Attorney General and the service shall be sufficient service, provided, that notice of the service and a copy of the process are sent by the Attorney General to the charitable organization, professional fund-raising counsel, or professional solicitor, by registered or certified mail with return receipt requested, at the address set forth in the registration form required to be filed with the Attorney General pursuant to this chapter or, in default of the filing of such form, at the last address known to the Attorney General. Service of the process is complete ten days after the receipt by the Attorney General of a return receipt purporting to be signed by the addressee or a person qualified to receive the registered or certified mail, in accordance with the accepted practices of the United States Postal Service, or, if acceptance was refused by the addressee, ten days after the return to the Attorney General of the original envelope bearing a notation by the postal authorities that receipt thereof was refused."

O. Section 33-56-140 of the 1976 Code, as added by Act 461 of 1994, is amended to read:

"Section 33-56-140. (1) Upon his own motion or upon complaint of any person, the Attorney General may investigate any charitable organization, professional fund-raising counsel, or professional solicitor to determine whether the charitable organization, professional fund-raising counsel, or professional solicitor has violated the provisions of this chapter or has filed an application or other information required under this chapter which contains false or misleading statements. The Attorney General may subpoena persons and require the production of books, papers, and other documents to aid in the investigation of alleged violations of this chapter.

(2) If any charitable organization, professional fund-raising counsel, or professional solicitor fails to file a registration application, statement, report, or other information required to be filed with the Attorney General under this chapter, or violates the provisions of this chapter, the Attorney General shall notify the delinquent charitable organization, professional fund-raising counsel, or professional solicitor of this fact by mailing a notice by registered or certified mail, with return receipt requested, to its last known address. If the required registration application, statement, annual report, assurance of voluntary compliance, or other information is not filed or if the existing violation is not discontinued within fifteen days after the formal notification or receipt of the notice, the Attorney General may assess an administrative fine not to exceed two thousand dollars against the delinquent organization.

(3) In addition to all other actions authorized by law, the Attorney General, if he has reason to believe that one or more of the following acts or violations listed below has occurred, may bring an action to enjoin the charitable organization, professional fund-raising counsel, professional solicitor, or other person from continuing the act or violation, doing any other acts in furtherance of it, and for such other relief as to the court considers appropriate:

(a) a person is knowingly and wilfully operating in violation of the provisions of this chapter;

(b) a person has knowingly and wilfully made any false statement in any registration application, statement, report, or other information required to be filed by this chapter;

(c) a person has failed to file a registration statement or financial report required by this chapter;

(d) a person is employed or is about to be employed in any solicitation or collection of contributions any device, scheme, or artifice to defraud or to obtain money or property by means of false pretense, representation, or promise;

(e) the officers or representatives of a charitable organization, professional fund-raising counsel, or professional solicitor have refused or failed after notice to produce any records of the organization; or

(f) whenever the funds raised by solicitation activities are not devoted or will not be devoted to the charitable purposes of the charitable organization.

(4) In addition to the provisions of subsection (3), any person who knowingly and wilfully violates the provisions of this chapter or who knowingly and wilfully gives false or incorrect information to the Attorney General in filing statements or reports required by this chapter, is guilty of a misdemeanor and, upon conviction, for a first offense shall be fined not more than one thousand dollars or be imprisoned for not more than thirty days, and for a second or any subsequent offense shall be fined not more than five thousand dollars or be imprisoned for not more than one year, or both.

(5) Any registration application, statement, report, or other information required to be filed with the Attorney General under this chapter by a charitable organization, professional fund-raising counsel, or professional solicitor which contains false or misleading statements may be rejected by the Attorney General and returned to the submitting party without being filed.

(6) If a person is assessed an administrative fine under this chapter, the person has thirty days to pay the fine. After thirty days, the Attorney General shall give the delinquent person thirty days' notice that he will seek to enjoin the activities of the person. Before the Attorney General seeks an injunction, the person may pay the fines or request a hearing before the Attorney General. A person who fails to remit fines after the required notice is given may be enjoined from engaging in further charitable solicitation activities until the fine is paid. A person assessed a fine may request an evidentiary hearing before the Attorney General. A person may appeal an adverse ruling by the Attorney General to the circuit court. An appeal to the circuit court shall be governed by the standard of review provided in the Administrative Procedures Act and the case law interpreting that provision.

(7) The Attorney General may exercise the authority granted in this section against a person who operates under the guise or pretense of being an organization exempted by the provisions of Section 33-56-40 or 33-56-50 and is not in fact an organization entitled to such an exemption."

P. Section 33-56-150 of the 1976 Code, as added by Act 461 of 1994, is amended to read:

"Section 33-56-150. There shall be in the office of the Attorney General a Division of Public Charities which, under the direction and control of the Attorney General, shall perform the duties imposed upon it by the provisions of this chapter. The executive and administrative head of the division shall be the Director of Public Charities designated by the Attorney General."

Q. Section 33-56-160 of the 1976 Code, as added by Act 461 of 1994, is further amended to read:

"Section 33-56-160. The first two hundred thousand dollars in administrative fine revenue received pursuant to this chapter in a fiscal year may be retained by the Attorney General to offset the expenses of enforcing this chapter. All administrative fines collected pursuant to this chapter in excess of two hundred thousand dollars in a fiscal year must be transmitted to the State Treasurer and deposited in the state general fund. All fees collected under this chapter must be transmitted to the State Treasurer and deposited in a fund separate and distinct from the state general fund and used by the Attorney General for the purpose of administering the provisions of this chapter."

R. Section 33-56-190 of the 1976 Code, as added by Act 461 of 1994, is amended to read:

"Section 33-56-190. The Attorney General may enter into agreements with the appropriate authority of any other state for the purpose of exchanging information with respect to charitable organizations, professional fund-raising counsel, and professional solicitors."

S. This section takes effect July 1, 1996.

TO AMEND THE 1976 CODE BY ADDING SECTION 23-6-35 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MAY CHARGE AND COLLECT FEES IN ACCORDANCE WITH SECTION 30-4-30 OF THE FREEDOM OF INFORMATION ACT FOR PROVIDING COPIES OF CERTAIN RECORDS MAINTAINED BY THE DEPARTMENT.

A. Article 1, Chapter 6, Title 23 of the 1976 Code is amended by adding:

"Section 23-6-35. The department may charge and collect fees in accordance with Section 30-4-30 of the Freedom of Information Act for providing copies of registration, title, and driver's license information records maintained by the department."

B. This section takes effect July 1, 1996.

TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE, BY ADDING ARTICLE 4 SO AS TO PROVIDE FOR THE RELEASE AND USE OF CERTAIN PERSONAL INFORMATION RELATING TO MOTOR VEHICLE RECORDS, INCLUDING THE AUTHORIZATION TO CHARGE A FEE FOR RELEASING THE INFORMATION; TO AMEND SECTIONS 16-3-1710 AND 16-3-1720, RELATING TO THE CRIMES OF HARASSMENT AND STALKING, SO AS TO MAKE IT A CRIME FOR A PERSON CONVICTED OF THESE CRIMES WHO RECEIVED LICENSING OR REGISTRATION INFORMATION PURSUANT TO ARTICLE 4, CHAPTER 3, TITLE 56; AND TO REPEAL SECTION 30-4-40(a)(12) RELATING TO THE EXEMPTION FROM DISCLOSURE OF INFORMATION REGARDING THE NAME, ADDRESS, AND TELEPHONE NUMBER OF A PERSON IN WHOSE NAME A MOTOR VEHICLE LICENSE PLATE IS REGISTERED.

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

Section 56-3-510. Department records relating to the registration and licensing of motor vehicles must be released only as provided in this article. A person who requests registration and licensing information must submit the request on a form provided by the department. A completed form must:

(1) contain the name and address of the person making the request, the date of the request, the reason for the request, and a statement certifying that the information requested will not be used for a purpose related to telephone marketing or telephone solicitation; and

(2) be signed by the person making the request.

Section 56-3-520. (A) The department must retain a request made pursuant to Section 56-3-510 for five years from the date of its submission.

(B) Upon a person's written request, the department must release a copy of all request forms relating to the person's records.

Section 56-3-530. The department may charge a fee for releasing information pursuant to this article. The department must promulgate regulations:

(1) providing a procedure whereby persons making repetitive requests may maintain an account with the department for the payment of fees incurred in the production of requested records;

(2) providing a procedure for electronic processing of requests; and

(3) providing for appropriate security measures to ensure that records are released only to the person identified as making the request.

Section 56-3-540. The department shall implement methods and procedures to ensure that:

(1) individuals are provided an opportunity, in a clear and conspicuous manner, to opt-out and prohibit the use of motor vehicle record information about them for distribution for surveys, marketing, and solicitations; and

(2) surveys, marketing, and solicitations will not be directed at those individuals who have requested in a timely fashion that they not be directed at them."

B. Section 16-3-1710 of the 1976 Code, as added by Act 94 of 1995, is amended by adding:

"(C) In addition to the penalties provided in this section, a person convicted of harassment who received licensing or registration information pursuant to Article 4 of Chapter 3 of Title 56 and used the information in furtherance of the commission of the offense under this section must be fined two hundred dollars or imprisoned thirty days, or both."

C. Section 16-3-1720 of the 1976 Code, as added by Act 94 of 1995, is amended by adding:

"(D) In addition to the penalties provided in this section, a person convicted of stalking who received licensing or registration information pursuant to Article 4 of Chapter 3 of Title 56 and used the information in furtherance of the commission of the offense under this section must be fined one thousand dollars or imprisoned one year, or both."

D. Item (12) of Section 30-4-40(a) of the 1976 Code, as added by Act 1 of 1995, is repealed.

E. This act takes effect upon approval by the Governor.

TO AMEND SECTION 11-11-330 OF THE 1976 CODE, RELATING TO THE STATE PROPERTY TAX RELIEF FUND, SO AS TO PROVIDE FOR A SPECIFIC REIMBURSEMENT TO SCHOOL DISTRICTS FOR REVENUES LOST TO THE HOMESTEAD EXEMPTION; AND TO AMEND SECTION 12-37-251, RELATING TO THE HOMESTEAD PROPERTY TAX EXEMPTION FROM SCHOOL OPERATING TAXES, SO AS TO PROVIDE FOR AN EXEMPTION AMOUNT OF ONE HUNDRED THOUSAND DOLLARS OF FAIR MARKET VALUE AND USING A BASE YEAR MILLAGE RATE EQUAL TO THE SCHOOL OPERATING MILLAGE IMPOSED FOR TAX YEAR 1995.

A. Section 11-11-330 of the 1976 Code, as added by Act 145 of 1995, is amended to read:

"Section 11-11-330. Funds credited to the `State Property Tax Relief Fund' must be used to provide property tax relief in the manner prescribed in Section 12-37-251. The General Assembly shall appropriate an amount sufficient to reimburse sums equal to the amount of taxes that were not collected for school districts by reason of the exemption provided in Section 12-37-251."

B. Subsections (A) and (B) of Section 12-37-251 of the 1976 Code, as added by Act 145 of 1995, are amended to read:

"(A) The State Property Tax Relief Fund shall be established at an amount equal to the revenue necessary to fund a property tax exemption of one hundred thousand dollars based on the fair market value of property classified pursuant to Section 12-43-220(c) calculated on the school operating millage imposed for tax year 1995, excluding taxes levied for bonded indebtedness and payments pursuant to lease purchase agreements for capital construction. The 1995 tax year school operating millage is the base year millage for purposes of calculating the amount necessary to fund the State Property Tax Relief Fund in accordance with this section. However, in years in which the values resulting from a county-wide reassessment and equalization program are implemented, the base year millage must be adjusted to an equivalent millage rate in the manner that the Department of Revenue and Taxation shall prescribe. Funds distributed to a taxing district as provided in Item (B) of this section must be used to provide a uniform property tax exemption for all property in the taxing district which is classified pursuant to Section 12-43-220(c), excluding taxes levied for bonded indebtedness and payments pursuant to lease purchase agreements for capital construction.

(B) School districts must be reimbursed, in the manner provided in Section 12-37-270, for the revenue lost as a result of the homestead exemption provided in this section except that ninety percent of the reimbursement must be paid in the last quarter of the calendar year."

C. This section applies for property tax years beginning after 1995.

TO AMEND TITLE 2 OF THE 1976 CODE, RELATING TO THE GENERAL ASSEMBLY, BY ADDING CHAPTER 66 SO AS TO ESTABLISH THE SOUTH CAROLINA FOLK HERITAGE AWARD, PROVIDE THE CRITERIA FOR CHOOSING RECIPIENTS, PROVIDING AN ADVISORY COMMITTEE TO THE SOUTH CAROLINA ARTS COMMISSION FOR SELECTING RECIPIENTS, AND PROVIDING TRANSITION PROVISIONS; TO AMEND CHAPTER 65, TITLE 2, RELATING TO THE JOINT APPROPRIATIONS REVIEW COMMITTEE, SO AS TO TRANSFER THE DUTIES, POWERS, AND FUNCTIONS OF THE COMMITTEE UPON THE OFFICE OF THE GOVERNOR EFFECTIVE JANUARY 1, 1997, TO FURTHER PROVIDE FOR CERTAIN OF THESE FUNCTIONS, TO PROVIDE FOR THE PROPER CONSTRUING OF OBSOLETE REFERENCES, AND TO ABOLISH THE COMMITTEE ON SUCH DATE; AND TO REPEAL CHAPTERS 39, 43, 53, 55, 68, AND 73 OF TITLE 2, AND CHAPTER 21 OF TITLE 51, ALL RELATING TO VARIOUS STUDY COMMITTEES.

A. Chapter 65, Title 2 of the 1976 Code, as amended, is further amended to read:

Section 2-65-10.This chapter may be cited as `The South Carolina Federal and Other Funds Oversight Act'.

Section 2-65-15.(a) `Agency' means any state office, department, institution, board, commission, council, committee, or other entity of the executive, judicial, or legislative branch.

(b) `Block grant' means federal funds distributed to the State in accordance with a statutory formula for use in a variety of activities within a broad functional area.

(c) `Federal funds' means financial assistance made to a state agency by the United States Government in any form, including but not limited to, a grant, loan, subsidy, reimbursement, contract, donation, or shared federal revenues, or noncash federal assistance in the form of equipment, buildings, and land. Financial assistance which originates with the U. S. Government, but which is received by a state agency from another state or local agency in any form, is considered `federal funds.'

(d) `Indirect costs' means those costs of supportive services within an agency or provided by another agency which benefit more than one program and which may be charged to federal programs in accordance with Office Management and Budget Circular A-87 or A-21.

(e) `Matching funds' means a specific amount of general fund monies identified by a state agency, and required by the Federal Government, as a cash contribution for a federal program.

(f) `Other funds' means any revenues received by an agency which are not federal funds and are not general funds appropriated by the General Assembly in the annual General Appropriation Act.

(g) `Research grant' means an award of funds from the United States Government or other entity for the principal purpose of systematic study and investigation undertaken to discover or establish facts or principles. The principal purpose of a `research grant' is not to provide services to the public or to the employees or clients thereof.

(h) `Major Federal Program' means a program which:

(1) represents a transfer of program responsibility from the federal to the state level;

(2) is available to the State on a noncompetitive basis;

(3) is financially significant in relation to its proportion of the administering agency's budget.

Any new block grant or any form of federal turnback program is considered a `Major Federal Program'.

Section 2-65-20.The General Assembly shall appropriate all anticipated federal and other funds for the operations of state agencies in the annual General Appropriation Act and must include any conditions on the expenditure of these funds as part of the General Appropriation Act, consistent with federal laws and regulations. Increases in project amounts as appropriated in the act must be authorized in accordance with procedures set forth in Section 2-65-40, consistent with policies as provided in the annual General Appropriation Act and other applicable laws and regulations.

(a) All agencies must provide to the State Budget and Control Board, as part of their budget submissions, detailed statements of the sources of all federal and other funds contained in their budgets.

(b) All state agencies must submit programmatic and financial information for each federal project to the Governor in a manner prescribed by the Governor. The information must be submitted in a timely manner so as to permit review of the projects as part of the budget process.

(c) The Governor's Office shall provide to the Ways and Means Committee and the Senate Finance Committee at appropriate times during the budget review process its recommendations on all federal projects.

(d) The appropriation of federal funds must be decreased to the extent that receipts from these sources do not meet the estimates reflected in each section of the General Appropriation Act.

(e) With the exception of funds defined as `exempt' in Section 2-65-100, no agency may receive or spend federal or other funds that are not authorized in the annual General Appropriation Act, but unanticipated federal or other funds may be received and spent upon authorization pursuant to Section 2-65-30 or 2-65-40, as applicable.

Section 2-65-30.(a) A state agency may receive and spend unanticipated federal funds, and funds from private foundations or industries, which are not included in the General Appropriation Act, but state agencies must submit expenditure proposals to the Governor before submission of the proposal to the grantor agency; and further provided, that the state agency shall receive authorization of the Governor before receipt and expenditure of funds. No authorization shall be made without first securing and considering the Governor's recommendation on each expenditure proposal. Any such authorization is subject to all of the following standards:

(1) The unanticipated nature of the project precluded it from consideration and approval as part of the state appropriations process as described in Section 2-65-20.

(2) The project assists the applicant state agency to achieve objectives or goals in keeping with the recognized powers and functions of the state agency.

(3) The applicant state agency is the appropriate entity to conduct project activities and no duplication of services is created by the authorization.

(4) State matching funds, if required, are available within the existing resources of the applicant state agency.

(5) The project benefits the health or welfare of the people of the State.

(b) Notwithstanding any other provisions of this chapter, no authorization of unanticipated federal or private foundation or industry funds may involve a commitment of future legislative enactment to provide additional state funds to support the project.

(c) The Governor must provide the House Ways and Means Committee and the Senate Finance Committee with periodic reports which describe actions taken under the provisions of this section.

(d) Notwithstanding any other provisions of this chapter, a state agency may not implement an unanticipated major Federal Program without prior approval of the General Assembly, except:

(1) That to the extent that the unanticipated program replaces existing services currently provided by a state agency, other governmental entity, private nonprofit organization, or other service provider, the services may be authorized by the Governor to continue at an equivalent level, within the constraints of Federal law and funding, until the General Assembly acts.

(2) In the event the unanticipated program creates services not currently provided, and the Governor agrees that delayed implementation would result in a significant loss of federal funds to the State, the program may be authorized by the Governor to proceed at a minimal level, until such time as the General Assembly may act.

Section 2-65-40.(a) A state agency may spend `other' funds above the amount in the General Appropriation Act and increases in anticipated federal programs if the expenditure of the funds receives the prior authorization of the Governor.

(b) Authorizations under this section are subject to the following standards, as applicable:

(1) the proposed use of the funds do not result in a fund of surplus money which may be used by the agency to expand programs without legislative approval;

(2) if the funds are earmarked for specific use in the General Appropriation Act, or by Federal law or regulation, any additional funds must be used for the same purpose;

(3) If the increase results from a fee or charge for service, the agency has the legal authority to impose the fee, and has secured any approvals required by applicable law or regulations;

(4) The proposed use of funds assists the state agency to achieve objectives or goals in keeping with the recognized powers and functions of the state agency;

(5) if the funds are generated from a new revenue source:

(i) the proposed use of funds covers only a minimum amount of administrative costs necessary to support the revenue collection, and any excess must be remitted to the General Fund;

(ii) it is determined that the requesting state agency is the appropriate entity to carry out the proposed activities and no duplication of services is created by the authorization;

(6) if the increase in federal funds requires a corresponding increase in state matching funds, the state match is available from existing resources.

(c) The Governor must provide the House Ways and Means Committee and the Senate Finance Committee with periodic reports which describe actions taken under the provisions of this section.

Section 2-65-50.Agencies must include estimates of research and student aid funds in the detailed budget statements required in Section 2-65-20(a) of this chapter. Agencies may not be required to submit the detailed programmatic and financial information required in Section 2-65-20(b) of this chapter, except that the agencies must furnish to the Governor notices of actual awards and allocations of research and student aid funds within fourteen days of receipt of such notices from funding agencies. The Governor must maintain quarterly reports of the funds received by the agency, and must, upon request, provide copies thereof to the House Ways and Means Committee or the Senate Finance Committee, or both.

Section 2-65-60.The Comptroller General must account for and control expenditures of individual federally funded projects for all agencies using the Statewide Accounting and Reporting System. For continuing federal projects, the Governor must certify to the Comptroller General the actual funds approved for each project pursuant to Section 2-65-20 of this chapter, and any further adjustments to this amount, based on grant award documentation and pursuant to Section 2-65-40 of this chapter. For new federally funded projects, the Governor must inform the Comptroller General of funding levels authorized pursuant to Section 2-65-30 of this chapter.

The Comptroller General shall authorize expenditures on each project not to exceed the amount certified by the Governor. Upon request of the Governor, the Budget and Control Board, the House Ways and Means Committee, or the Senate Finance Committee, the Comptroller General must provide periodic reports of authorization levels, expenditures, revenues, and other data related to such federal projects. Upon request of the Governor, the Budget and Control Board, the House Ways and Means Committee, or the Senate Finance Committee, state agencies must provide grant award and related actual funding information.

Section 2-65-70.(a) All agencies receiving federal grants or contracts must recover the maximum allowable indirect costs on those projects, subject to applicable federal laws and regulations. All indirect cost recoveries shall be credited to the General Fund, with the exception of recoveries from research and student aid grants and contracts.

(1) Each agency receiving grants or contracts to which indirect costs may be charged must have an approved indirect cost rate or cost allocation plan. Agencies must prepare the indirect cost proposals and submit them to the Governor for review. The Governor must submit the proposals to the appropriate federal agencies, negotiate the agreements, and transmit approved agreements to the state agencies. The Governor, upon request, must also provide a report on the proposals to the House Ways and Means Committee or the Senate Finance Committee, or both.

(2) The Governor shall prepare annually the Statewide Cost Allocation Plan for allocation of central service costs to federal and other programs. The Governor must ensure that state agencies recover costs approved in the Plan through federal grants and contracts, subject to federal laws and regulations.

(3) The Budget and Control Board and the Comptroller General must assist the Governor in ensuring compliance with this section.

(b) If it is determined to be in the best interest of the State and the agency receiving the federal funds, the requirements of this section may be waived; except that indirect cost waivers may not be granted for unanticipated federal projects authorized pursuant to Section 2-65-30 of this chapter. Requests for indirect cost waivers for continuing federal projects must be made by the applicant agency as a part of its budget request and must be reviewed in accordance with the provisions of Section 2-65-20 of this chapter.

Section 2-65-80.(a) The General Assembly shall designate through the annual General Appropriation Act an agency to operate each block grant. Should a new block grant be approved by the United States Congress after the annual General Appropriation Act has been approved, it must be approved in accordance with the provisions of Section 2-65-30(d) of this chapter.

(b) The Governor must conduct public hearings for those block grants for which federal laws and regulations require legislative public hearings, and any other block grants for which legislative public hearings are deemed necessary. Public comments must be taken into consideration by the Governor in review and authorization of federal funds according to the procedures set forth in Section 2-65-20 of this chapter.

(c) The Governor shall issue, in accordance with the South Carolina Administrative Procedures Act, administrative regulations and cost principles for block grants.

(d) The Budget and Control Board shall ensure that audits of block grants are conducted in accordance with Federal laws and regulations.

Section 2-65-90.The Governor shall design and operate a state process for review and coordination of proposed federal financial assistance and direct federal development by state and local officials as required by Section 401(a) of the federal Intergovernmental Cooperation Act of 1968 and federal regulations and executive orders. The Governor must seek the advice of the South Carolina Advisory Commission on Intergovernmental Relations and the Regional Councils of Government in the development and implementation of the state process.

Section 2-65-100. Funds from the following sources are exempt from the requirements of this chapter:

(1) General Fund Appropriations.

(2) Funds appropriated by a South Carolina local government.

(3) Research and student aid grants, except as otherwise provided in this chapter.

(4) Donated materials, supplies, in-kind services, buildings, land and equipment, if the donations do not create a future obligation of state General Fund monies. If a donation does create a future obligation of state General Fund monies, the donation is subject to review and approval, in accordance with Section 2-65-30 of this chapter.

(5) Federal funds used in connection with capital improvement bond funds subject to authorization pursuant to Act 1377 of 1968.

Section 2-65-110. In developing the budget format and procedures, the Budget & Control Board shall follow the recommendations of the Governor in accordance with the procedure as set forth in Section 2-65-30.

Section 2-65-120. Notwithstanding any other laws, all agencies and institutions of the State shall cooperate fully with the board and the Governor in the implementation of this chapter."

B. Title 2 of the 1976 Code, as amended, is further amended by adding:

Section 2-66-10.(A) There is created the South Carolina Folk Heritage Award which may be presented to no more than four recipients each year by the General Assembly. At the discretion of the awards advisory committee, an additional South Carolina Folk Heritage Award may be presented to no more than one folk arts advocate each year by the General Assembly.

(B) The purpose of the award is to recognize lifetime achievement in this State for traditional folk art. The award recognizes individuals or groups who have used their lives to create beauty and meaning for their communities and the State as a whole in ways that are significant because they have lasted, often for hundreds of years. Winners of the award represent those who have demonstrated excellence in folk art, and have maintained and enriched the lives of all persons of their communities and of the State through their unique talents.

(C) Criteria for the award are as follows:

(1) emphasis on authenticity of tradition, giving the highest priority to those crafts with a long history of practice in this State;

(2) the significance of the individual folk artist or folk art group in maintaining or stimulating the craft to higher levels of artistic achievement; or, the significance of the folk arts advocate in supporting authentic South Carolina traditional craft or interpreting it to a wider audience;

(3) the award must be given to folk artists living and practicing in this State.

(D) There is established an awards advisory committee to the South Carolina Arts Commission whose purpose is to choose award recipients. This advisory committee must be composed of six members who shall serve two-year terms. The members of the advisory committee shall receive no mileage, per diem, or subsistence unless provided for by private funds. The advisory committee is comprised of:

(1) one member of the South Carolina Arts Commission, or a designee;

(2) the Folk Arts Coordinator at McKissick Museum;

(3) two citizens, one of whom represents the Afro-American community, to be appointed by the Speaker of the House of Representatives;

(4) two citizens, one of whom represents the American Indian community, to be appointed by the President of the Senate.

(E) No state funds may be used for this award. Private funds must be raised to cover any expenses incurred or associated with presenting the award and these funds must be remitted to and managed and disbursed by the South Carolina Arts Commission."

C. Members of the awards advisory committee for choosing the South Carolina Heritage Award recipients, except for the member of the Joint Legislative Committee on Cultural Affairs, serving immediately before this section's effective date pursuant to Section 2-68-10 of the 1976 Code, shall serve until their terms under Section 2-68-10 expire and shall complete their service pursuant to Chapter 66, Title 2 of the 1976 Code as added by this section.

D. The term "Joint Appropriations Review Committee" wherever it may appear in any provision of law must be construed to mean the Office of the Governor effective January 1, 1997.

E. The following provisions of the 1976 Code are repealed:

(a) Chapter 39 of Title 2 Mental Health, Mental Retardation Study Committee

(b) Chapter 43 of Title 2 Textile Industry Study Committee

(c) Chapter 53 of Title 2 Committee on Energy

(d) Chapter 55 of Title 2 Health Care Planning and Oversight Committee

(e) Chapter 68 of Title 2 Joint Legislative Committee on Cultural Affairs

(f) Chapter 73 of Title 2 Joint Committee on the Disabled

(g) Chapter 21 of Title 51 Committee on Tourism

F. This section takes effect July 1, 1996, except that subsections A. and B. are effective January 1, 1997.

TO AMEND SECTION 50-3-316, AS AMENDED, OF THE 1976 CODE, RELATING TO THE REQUIREMENTS FOR ENFORCEMENT OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO REQUIRE THE DEPARTMENT TO EMPLOY THE MOST QUALIFIED APPLICANTS, REQUIRE OFFICERS TO RESIDE WITHIN THE COUNTY FOR WHICH THEY ARE EMPLOYED OR MOVE TO SUCH COUNTY WITHIN THREE MONTHS OF EMPLOYMENT, PROVIDE FOR FUNDING FOR ENFORCEMENT OFFICERS, AND DELETE PROVISIONS WHICH REQUIRE THE DEPARTMENT TO HIRE APPLICANTS MEETING MINIMUM EMPLOYMENT QUALIFICATIONS AND PROVISIONS FOR HIRING APPLICANTS RESIDING OUTSIDE THE COUNTY.

A. Section 50-3-316 of the 1976 Code, as amended by Section 1258, Act 181 of 1993, is further amended to read:

"Section 50-3-316. In employing enforcement officers, the department shall use the criteria as required by the Office of Human Resources and the department. The criteria must include, but are not limited to, a written examination, physical examination, and interview. Each applicant is required to perform at minimal levels as required by the Office of Human Resources and the department. The department shall employ the most qualified applicants. If an enforcement officer does not reside in the county for which he is employed, he shall move to the county at his expense within three months of employment. Enforcement officers must be compensated from funds provided to the department in the annual general appropriation act."

B. This section takes effect July 1, 1996.

TO AMEND SECTIONS 9-1-1770, AS AMENDED, AND 9-11-120, AS AMENDED, OF THE 1976 CODE, RELATING TO THE PRERETIREMENT DEATH BENEFIT PROGRAM FOR MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO CLARIFY THE CIRCUMSTANCES IN WHICH A MEMBER IS CONSIDERED TO HAVE BEEN IN SERVICE ON THE DATE OF DEATH AND THEREBY MEET AN ELIGIBILITY REQUIREMENT FOR THE BENEFIT.

A. The third undesignated paragraph of Section 9-1-1770 of the 1976 Code, as last amended by Act 171 of 1991, is further amended to read:

"Upon receipt of proof, satisfactory to the board, of the death of a contributing member in service who had completed at least one full year of membership in the system or of the death of a contributing member as a result of an injury arising out of and in the course of the performance of his duties regardless of length of membership, as of the effective date of his employer's participation, there must be paid to the person he nominated for the refund of his accumulated contributions, unless he has nominated a different beneficiary by written designation filed with the board, in the event of his death pursuant to Section 9-1-1650, if the person is living at the time of the member's death, otherwise to the member's estate, a death benefit equal to the annual earnable compensation of the member at the time his death occurs. The death benefit is payable apart and separate from the payment of the member's accumulated contributions on his death pursuant to Sections 9-1-1650 or 9-1-1660. For purposes of this section, a member is considered to be in service at the date of his death if the last day the member was employed in a continuous, regular pay status, while earning regular or unreduced wages and regular or unreduced retirement service credit, whether the member was physically working on that day or taking continuous accrued annual leave or sick leave while receiving a full salary, occurred not more than ninety days before the date of his death and he has not retired."

B. The third undesignated paragraph of Section 9-11-120 of the 1976 Code, as last amended by Act 171 of 1991, is further amended to read:

"Upon proof satisfactory to the board of the death of a contributing member in service after completion of at least one full year of membership or of the death of a contributing member as a result of an injury arising out of and in the course of the performance of his duties regardless of length of membership, whose employer is participating in the program, there must be paid to the person he nominated for the refund of his accumulated contributions, unless he has nominated a different beneficiary by written designation filed with the board, pursuant to Section 9-11-110, if the person is living at the time of the member's death, otherwise to the member's estate, a death benefit equal to the annual compensation of the member at the time his death occurs. The death benefit is payable apart and separate from the payment of the amount provided by Section 9-11-110. For purposes of this section, a member is considered to be in service at the date of his death if the last day the member was employed in a continuous, regular pay status, while earning regular or unreduced wages and regular or unreduced retirement service credit, whether the member was physically working on that day or taking continuous accrued annual leave or sick leave while receiving a full salary, occurred not more than ninety days before the date of his death and he has not retired."

TO AMEND SECTIONS 9-1-1620, AS AMENDED, 9-9-70, AS AMENDED, AND 9-11-150, AS AMENDED, OF THE 1976 CODE, RELATING TO RETIREMENT BENEFITS OPTIONS FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE FOR THE METHOD OF REVOCATION OF A PRIOR SPOUSAL NOMINATION AND ELECTION OF A NEW OPTION AT THE DEATH OF A MEMBER'S SPOUSE OR CHANGE IN THE MEMBER'S MARITAL STATUS BY MEANS OF AN APPROPRIATELY COMPLETED WRITTEN FORM SIGNED AND NOTARIZED BY THE MEMBER AND FILED WITH THE SYSTEM OR IN SOME OTHER WRITTEN FORMAT SIGNED AND NOTARIZED, MAKING THE SAME REVOCATION AND ELECTION AND CONTAINING THE IDENTICAL INFORMATION REQUIRED BY THE FORM.

A. The second undesignated paragraph of Section 9-1-1620 of the 1976 Code, as last amended by Act 336 of 1992, is further amended to read:

"A member having elected Option 2, 3, or 5 and nominated his or her spouse to receive a retirement allowance upon the member's death may revoke the prior nomination and elect a new option only after the death of his or her spouse, a divorce, or other change in the member's marital status. This change may be accomplished only by filing with the system: (a) the form prescribed by the system, appropriately completed, signed by the member and notarized, that simultaneously both revokes the prior nomination and elects a new option and contains such other information as the system requires, or (b) a writing signed by the member and notarized that makes the same revocation and election and contains the identical information required by the prescribed form. The revocation and election of a new option is effective on the first day of the month in which the new option is elected. The retirement allowance payable following the election of a new option allowed by this paragraph must be computed upon the actuarial equivalent of the retirement allowance in effect immediately before the effective date of the new option. The revocation of the prior nomination and the election of a new option after the death of the member's spouse must be made before the first anniversary of the death of the spouse."

B. The second undesignated paragraph of Section 9-9-70 of the 1976 Code, as last amended by Act 336 of 1992, is further amended to read:

"A member having elected Option 1, 2, or 3 and nominated his or her spouse to receive a retirement allowance upon the member's death may revoke the prior nomination and elect a new option only after the death of his or her spouse, a divorce, or other change in the member's marital status. This change may be accomplished only by filing with the system: (a) the form prescribed by the system, appropriately completed, signed by the member and notarized, that simultaneously both revokes the prior nomination and elects a new option and contains such other information as the system requires, or (b) a writing signed by the member and notarized that makes the same revocation and election and contains the identical information required by the prescribed form. The revocation and election of a new option is effective on the first day of the month in which the new option is elected. The retirement allowance payable following the election of a new option allowed by this paragraph must be computed upon the actuarial equivalent of the retirement allowance in effect immediately before the effective date of the new option. The revocation of the prior nomination and the election of a new option after the death of the member's spouse must be made before the first anniversary of the death of the spouse."

C. The second undesignated paragraph of Section 9-11-150 of the 1976 Code, as last amended by Act 336 of 1992, is further amended to read:

"A member having elected Option 1, 2, or 4 and nominated his or her spouse to receive a retirement allowance upon the member's death may revoke the prior nomination and elect a new option only after the death of his or her spouse, a divorce, or other change in the member's marital status. This change may be accomplished only by filing with the system: (a) the form prescribed by the system, appropriately completed, signed by the member and notarized, that simultaneously both revokes the prior nomination and elects a new option and contains such other information as the system requires, or (b) a writing signed by the member and notarized that makes the same revocation and election and contains the identical information required by the prescribed form. The revocation and election of a new option is effective on the first day of the month in which the new option is elected. The retirement allowance payable following the election of a new option allowed by this paragraph must be computed upon the actuarial equivalent of the retirement allowance in effect immediately before the effective date of the new option. The revocation of the prior nomination and the election of a new option after the death of the member's spouse must be made before the first anniversary of the death of the spouse."

TO AMEND SECTIONS 9-1-10, AS AMENDED, AND 9-1-440, AS AMENDED, OF THE 1976 CODE, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE TYPES OF PRIOR SERVICE FOR WHICH MEMBERSHIP IS ALLOWED AND FOR WHICH SERVICE CREDIT MAY BE ESTABLISHED, SO AS TO DEFINE "EMPLOYEE" NOT TO INCLUDE CERTAIN STUDENTS AND TO MAKE A STUDENT'S EMPLOYMENT BY THE INSTITUTION IN WHICH THE STUDENT IS ENROLLED INELIGIBLE FOR MEMBERSHIP AND FOR ESTABLISHING SERVICE CREDIT, AND PROVIDE OTHER SOURCES WHICH MAY BE USED IN MAKING DETERMINATIONS IN THESE MATTERS AND TO ALLOW THE CONTINUED ESTABLISHMENT OF STUDENT BUS DRIVER SERVICE CREDIT.

A. Section 9-1-10(4)(f) of the 1976 Code, as last amended by Act 162 of 1991, is further amended to read:

"(f) an employee of an alcohol and drug abuse planning agency authorized to receive funds pursuant to Section 61-5-320.

`Employee' does not include supreme and circuit court judges or any person employed by a school, college, or university at which the person is enrolled as a student or otherwise regularly attending classes for academic credit unless the person is employed as a school bus driver and is paid by the same school district in which the person is enrolled in school. In determining student status, the system may consider those factors provided pursuant to Section 9-1-440;"

B. Section 9-1-440 of the 1976 Code, as last amended by Act 420 of 1994, is further amended by adding at the end:

"Service performed in the employ of a school, college, or university must not be considered for purposes of membership in or service credit for any of the state retirement systems if the service is performed by a student who is enrolled and regularly attending classes at such school, college, or university. For purposes of determining the applicability of this section, the system may consider the guidelines of the Social Security Administration regarding student services and other criteria the system uniformly prescribes. This paragraph does not apply to services rendered by student school bus drivers who are paid by the same school district in which they are enrolled in school."

TO AMEND SECTION 9-1-1140, AS AMENDED, OF THE 1976 CODE, RELATING TO ESTABLISHMENT OF CERTAIN TYPES OF SERVICE CREDIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO REQUIRE A MEMBER ESTABLISHING CREDIT FOR UNDERGRADUATE OR GRADUATE SCHOOL TO HAVE LEFT COVERED EMPLOYMENT TO ATTEND SCHOOL, TO REQUIRE RETURN TO COVERED EMPLOYMENT WITHIN NINETY DAYS AFTER THE LAST DATE OF ENROLLMENT, AND TO DELETE AN OBSOLETE REFERENCE.

The fourth undesignated paragraph of Section 9-1-1140 of the 1976 Code, as last amended by Act 166 of 1993, is further amended to read:

"A member who leaves covered employment to attend undergraduate or graduate school and returns to covered employment within ninety days after the member's last date of enrollment may establish up to two years' retirement credit by paying the actuarial cost as determined by the board. However, the member contribution must not be less than twelve percent of current salary or the average of the three highest consecutive fiscal years, whichever is greater, for each year prorated for periods of less than a year."

TO AMEND SECTION 9-9-55 OF THE 1976 CODE, RELATING TO ESTABLISHMENT OF SERVICE CREDIT IN THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, SO AS TO CLARIFY THAT A MEMBER OF THE GENERAL ASSEMBLY MAY PURCHASE AN ENTIRE YEAR OF SERVICE CREDIT FOR A PORTION OF A YEAR SERVED ONLY WHERE THE MEMBER WAS ELECTED IN A SPECIAL ELECTION AND TO PROVIDE THAT THE PAYMENT TO ESTABLISH THIS CREDIT MUST EQUAL THE AMOUNT CONTRIBUTED BY A SERVING MEMBER FOR THIS SAME PERIOD PLUS INTEREST.

Section 9-9-55 of the 1976 Code, as added by Act 63 of 1995, is amended to read:

"Section 9-9-55.Notwithstanding any other provision of law, any member of the General Assembly who was elected in a special election and served in the General Assembly any portion of a year may establish credit for the entire year provided payment is made to the system on the same basis as members of the General Assembly contributed for the same period of time plus interest."

TO AMEND SECTION 16-3-1180, AS AMENDED, OF THE 1976 CODE, RELATING TO CRIME VICTIM'S ASSISTANCE PROGRAM AWARDS, SO AS TO REVISE THE PROCEDURES FOR DETERMINING AWARDS, INCREASE CERTAIN AUTHORIZED AWARDS, EXTEND THE TIME FOR THE REVIEW OF CASES, AND AUTHORIZE THE DIRECTOR OF THE VICTIM'S ASSISTANCE PROGRAM TO REOPEN CASES UNDER SPECIAL CIRCUMSTANCES; TO AMEND SECTION 16-3-1250, RELATING TO THE SUBROGATION OF THE STATE TO ANY RIGHT OF ACTION ACCRUING TO A CLAIMANT, VICTIM, OR INTERVENOR AS A RESULT OF A CRIME WHERE AN AWARD HAS BEEN MADE, SO AS TO LIMIT THE SUBROGATION RIGHTS OF THE STATE UNDER CERTAIN CONDITIONS; AND TO AMEND SECTION 16-3-1560, AS AMENDED, RELATING TO MEDICAL EXAMINATIONS OF VICTIMS OF SEXUAL ASSAULTS AND REIMBURSEMENTS FOR THE COSTS THEREOF, SO AS TO REVISE THE PROCEDURAL REQUIREMENTS FOR THE PAYMENT OF THESE REIMBURSEMENTS, AND TO AUTHORIZE THE DIRECTOR TO DIRECT PAYMENT OF ADDITIONAL SERVICES WHEN PROJECTED REIMBURSEMENTS WILL EXCEED PROJECTED FUNDING APPROPRIATED FOR THIS PURPOSE.

A. Section 16-3-1180 of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:

"Section 16-3-1180. (A) An award may be made for:

(1) reasonable and customary charges as periodically determined by the board for medical services, including mental health counseling, required and rendered as a direct result of the injury on which the claim is based, as long as these services are rendered by a licensed professional. Payment for mental health counseling is limited to the number of sessions during a one hundred eighty-day-period beginning on the date of the first counseling session or twenty sessions, whichever is greater;

(2) reasonable and customary charges as periodically determined by the board for other services required and rendered as a direct result of the injury upon which the claim is based, as long as the service is rendered by a professional or paraprofessional who holds a license, certificate, or other documentary evidence of specific training and qualification in a field of service which, by regulation, the board recognizes as a service required by and beneficial to crime victims;

(3) loss of earning or support, provided that:

(a) claimant is deprived of that income for at least two consecutive weeks;

(b) the loss is not reimbursable;

(c) the amount may not exceed the maximum rate provided in Section 42-1-50;

(d) conditions (a), (b), and (c) may be waived in severe hardship cases;

(4) reasonable and customary charges for employment-oriented retraining or rehabilitative services incurred as a direct result of the injury; and

(5) burial expenses not to exceed four thousand dollars.

(B) If there are two or more family members as specified in Section 16-3-1210(c) who are entitled to an award as a result of the death of a person, the award must be apportioned among the claimants; however, the amount awarded for burial expenses must be paid to or on behalf of the person who has paid or is responsible for that expense.

(C) The aggregate of award to and on behalf of victims may not exceed fifteen thousand dollars unless the Crime Victim's Advisory Board, by two-thirds vote, and the director concur that extraordinary circumstances exist. In this case, the award may not exceed twenty-five thousand dollars.

(D) An award may be made only if and to the extent that the amount of compensable loss exceeds one hundred dollars; however, this limitation may be waived in the interest of justice and must be waived upon a showing that the claimant is at least sixty-five years old.

(E) A previously decided award may be reopened for the purpose of increasing the compensation previously awarded, subject to the maximum provided in this article. In this case the State Office of Victim Assistance shall send immediately to the claimant a copy of the notice changing the award. This review may not affect the award as regards any monies paid, and the review may not be made after eighteen months from the date of the last payment of compensation pursuant to an award under this article unless the director determines there is a need to reopen the case as specified in Section 16-3-1120(4)."

B. Section 16-3-1250 of the 1976 Code is amended to read:

"Section 16-3-1250. Payment of an award pursuant to this article subrogates the State to the extent of the payment to any right of action accruing to the claimant or to the victim or intervenor to recover losses resulting from the crime with respect to which the award is made, except that subrogation shall not reduce the financial recovery by the victim, claimant, or intervenor to less than one hundred percent of actual losses or expenses. The subrogation amount must be reduced if there is a jury award or judicial award in a bench trial, which results in a loss to the victim, claimant, or intervenor. Subrogation shall not be reduced if the action is terminated other than by a jury award or judicial award in a bench trial."

C. Section 16-3-1560(E) of the 1976 Code, as added by Act 367 of 1988, is amended to read:

"(E) When the director determines that projected reimbursements in any fiscal year provided for in this section will exceed funds appropriated for payment of these reimbursements, he shall direct payment of additional services from the Victim's Compensation Fund."

TO AMEND SECTION 20-7-5730 OF THE 1976 CODE, RELATING TO THE SERVICES FUND FOR EMOTIONALLY DISTURBED CHILDREN, SO AS TO TRANSFER RESPONSIBILITIES FOR ADMINISTRATION OF THE FUND FROM THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION TO THE DEPARTMENT OF SOCIAL SERVICES.

Section 20-7-5730 of the 1976 Code, as added by Act 497 of 1994, is amended to read:

"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 Department of Social Services. 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 Department of Social Services, in conjunction with other agencies participating in the system, shall develop billing and management protocols that maximize the use of the funds available."

TO AMEND SECTION 44-7-2570, AS AMENDED, OF THE 1976 CODE, RELATING TO FEES FOR SERVICES AND INSURANCE UNDER THE "INFANTS AND TODDLERS WITH DISABILITIES ACT", SO AS TO DELETE A PROVISION REQUIRING, AS A CONDITION OF RECEIVING SERVICES, A FAMILY TO APPLY FOR ASSISTANCE FOR WHICH THEY ARE ELIGIBLE.

A. Section 44-7-2570(B) of the 1976 Code, as last amended by Act 41 of 1991, is further amended to read:

"(B) Nothing in this section relieves public or private insurance programs, or other persons or agencies required by law to provide or pay for early intervention services, from their financial or legal responsibilities."

B. This section takes effect July 1, 1996.

TO AMEND SECTION 32, AS AMENDED, PART II, ACT 171 OF 1991 (THE GENERAL APPROPRIATIONS ACT FOR FISCAL YEAR 1991-92), RELATING TO TEMPORARY BINGO TAXES LEVIED TO FUND SENIOR CITIZEN CENTERS, SO AS TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO CHANGE THE LOCATION OF THESE PROJECTS WITHIN A COUNTY AT THE REQUEST OF THE DIVISION ON AGING OF THE OFFICE OF THE GOVERNOR.

Section 32B.(1), Part II, Act 171 of 1991, is amended to read:

"(1)Monies credited to the Division on Aging Fund may be used only for funding authorized in this section for the projects identified in the Senior Citizens Center Survey published by the Division on Aging in October, 1989, and updated August, 1990. Projects must be established in the order of priority as identified in the Division on Aging's 1990 Overall Permanent Improvement Plan Submission. The order of priority can be changed by the Joint Bond Review Committee and the State Budget and Control Board at the request of the Division on Aging. The location of these projects within a county may be changed by the State Budget and Control Board at the request of the Division on Aging."

TO AMEND THE 1976 CODE BY ADDING SECTION 12-28-2725 SO AS TO REQUIRE THAT AN AMOUNT OF GASOLINE TAX EQUAL TO TWENTY-FIVE HUNDREDTHS OF A CENT ON EACH GALLON MUST BE USED BY THE DEPARTMENT OF TRANSPORTATION FOR MASS TRANSIT, AND TO FUND AN ANNUAL AUDIT TO BE CONDUCTED BY THE STATE AUDITOR OF THE STATE'S REGIONAL TRANSIT AUTHORITIES AND ORGANIZATIONS ACTING AS SUCH AUTHORITIES.

A. Article 25, Chapter 28, Title 12 of the 1976 Code is amended by adding:

"Section 12-28-2725. Of the ten and thirty-four hundredths cents tax on gasoline imposed pursuant to this chapter, an amount equal to twenty-five hundredths of a cent on each gallon must be used by the department for mass transit.

The State Auditor annually shall conduct an audit to include an in-depth financial review of the state's regional transit authorities and eleemosynary organizations acting as regional transit authorities receiving funds from the Department of Transportation. Reimbursement for the audit must be paid from the funds provided in this section. A copy of the audit must be provided to the department. A report on these audits annually must be submitted to the General Assembly."

B. This section takes effect January 1, 1997.

TO AMEND TITLE 12 OF THE 1976 CODE, RELATING TO TAXATION, BY ADDING CHAPTER 24 SO AS TO IMPOSE A FEE ON THE RECORDATION OF DEEDS AT FEES EQUAL TO, AND FOR THE PURPOSES OF THE FORMER DOCUMENTARY STAMP TAX INCLUDING THE COUNTY DOCUMENTARY STAMP TAX, ON CONVEYANCES OF REALTY, TO PROVIDE EXEMPTIONS FROM THE FEE, TO PROVIDE FOR THE PAYMENT OF AND COLLECTION OF THE FEE BY THE REPORTING METHOD, AND TO ESTABLISH THOSE LIABLE FOR THE FEE AND PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS; AND TO REPEAL ARTICLE 3, CHAPTER 21, TITLE 12 AND CHAPTER 25, TITLE 12 RELATING TO THE DOCUMENTARY STAMP TAX.

A. Title 12 of the 1976 Code is amended by adding:

Section 12-24-10. In addition to all other recording fees, a recording fee is imposed for the privilege of recording a deed in which any lands and all improvements on the land, tenements, or other realty is transferred to another person. The fee is one dollar eighty-five cents for each five hundred dollars, or fractional part of five hundred dollars, of the realty's value as determined by Section 12-24-30.

Section 12-24-20. (A) Except as provided in subsection (B), the fee imposed by this chapter is the liability of the grantor or the joint or several liability of the grantors, but the grantee is secondarily liable for the payment of the fee.

(B) In the case of a master-in-equity deed, the liability for the fee imposed by this chapter is on the grantee or grantees.

Section 12-24-30. (A) For purposes of this chapter, the term `value' means the realty's fair market value. In arm's-length real property transactions, this value is the sales price paid or to be paid in money or money's worth.

(B) A deduction from value is allowed for the amount of any lien or encumbrance existing on the land, tenement, or realty before the transfer and remaining on the land, tenement, or realty after the transfer.

Section 12-24-40. Exempted from the fee imposed by this chapter are deeds:

(1)transferring realty to the federal government;

(2)transferring realty to the State, its agencies and departments, and its political subdivisions, including school districts;

(3)that are otherwise exempted under the laws and Constitution of this State or of the United States;

(4)transferring realty in which no gain or loss is recognized by reason of Section 1041 of the Internal Revenue Code as defined in Section 12-6-40(A);

(5)transferring realty from an agent to the agent's principal in which the realty was purchased with the funds of the principal;

(6)transferring an individual grave space at a cemetery owned by a cemetery company licensed under Chapter 55 of Title 39;

(7)transferring realty to a member of the family or to a family trust or to a family partnership. `Family' means spouse, parents, sisters, brothers, grandparents, grandchildren, and lineal descendants. A `family trust' is a trust whose beneficiaries are all members of the family of the transferor. A `family partnership' is a partnership whose partners are all members of the family of the transferor;

(8)transferring realty to a legal heir or devisee;

(9)that constitute a contract for the sale of timber to be cut;

(10)transferring realty from an individual to a partnership, limited liability company, or corporation upon the formation of the entity if the individual is transferring the realty in order to become a partner, member, or shareholder in the entity. All other transfers of realty to or from the partnership, limited liability company, or corporation, not otherwise exempt, are subject to the fee;

(11)transferring realty in a statutory merger or consolidation from a constituent corporation to the continuing or new corporation;

(12)transferring realty between a parent corporation and its subsidiary corporation, provided that no consideration of any kind is paid or is to be paid for the transfer;

(13)transferring realty to a nonprofit corporation organized and operated exclusively for either a religious, scientific, charitable, or educational purpose, and provided that no consideration of any kind is paid or is to be paid for the transfer;

(14)that constitute a corrective deed or a quitclaim deed used to confirm title already vested in the grantee, provided that no consideration of any kind is paid or is to be paid under the corrective or quitclaim deed;

(15)transferring realty from an individual to a partnership or limited liability company of which the individual is a partner or a member, provided that the transfer is subject to the fee to the extent that the transfer is a transfer of an undivided interest in the realty to partners or members other than the transferor. The determination as to the portion of the realty's value upon which the fee must be paid must be based on the percentage interest in the partnership or limited liability company of the partners or members other than the transferor.

Section 12-24-50. The fee imposed by this chapter must be remitted to the clerk of court or the register of mesne conveyances in the county in which the realty is located and recorded. If the realty is located in more than one county, the person having the deed recorded in a county must state by affidavit what portion of the value of the realty is in that county and payment of the fee must be made based on the proportionate value of the realty located in that county.

Section 12-24-60. The clerk of court or register of mesne conveyances, before recording a deed subject to the fee imposed by this chapter, shall collect the fee and place a notation on the deed containing the following information: the date the deed was filed; the fee collected; and any other information required by the county. If the deed qualifies for an exemption under Section 12-24-40, the word `exempt' must be placed in the notation.

Section 12-24-70. (A) An affidavit must accompany every deed presented for recording and must set forth the true, full, and complete value of the realty as defined in Section 12-24-30. In addition, the clerk or register of mesne conveyances may require any other information considered necessary. However, the clerk or register of mesne conveyances, at his discretion, may waive the affidavit requirement.

If the deed is exempt under Section 12-24-40, the affidavit must state that the deed is exempt and state the reason for the exemption. This affidavit must be signed by a responsible person connected with the transaction and the affidavit must state that connection.

(B) The clerk of court or register of mesne conveyances shall file these affidavits in his office.

A person required to furnish the affidavit who wilfully furnishes a false or fraudulent affidavit 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.

Section 12-24-80. Every clerk of court or register of mesne conveyances and the county shall keep and preserve suitable records to determine the amount of fee due and collected under this chapter. The clerk of court or register of mesne conveyances and the county shall keep and preserve records for five years.

Section 12-24-90. (A) The fee imposed by this chapter is composed of two fees as follows:

(1) a state fee equal to one dollar thirty cents for each five hundred dollars, or fractional part of five hundred dollars, of the realty's value; and

(2) a county fee equal to fifty-five cents for each five hundred dollars, or fractional part of five hundred dollars, of the realty's value.

(B) The state fee must be credited as follows:

(1) ten cents of each one dollar thirty cents into the Heritage Land Trust Fund;

(2) twenty cents of each one dollar thirty cents into the South Carolina Housing Trust Fund; and

(3) one dollar of each one dollar thirty cents into the general fund of the State.

(C) The county fee must be credited to the general fund of the county.

Section 12-24-100. (A) The fees imposed by this chapter and collected by the clerk of court or register of mesne conveyances are due and payable to the department in monthly installments with a report on or before the twentieth day of the month following the month in which the fees were collected. The report required by this section must be filed by the county on a form or in the method prescribed by the department. The department, at its discretion, may require counties to remit the fee by electronic funds transfer or any other method considered appropriate.

(B) The department, at its discretion, may allow a county to file its report on a basis other than monthly.

(C) The county shall remit with each report only that portion of the fee that represents the state portion. The county portion of the fee must be retained by the county.

(D) When a return required by this section is filed and the fees due with it are paid in full on or before the final due date, including any date to which the time for making the return and paying the fees has been extended pursuant to the provisions of Section 12-54-70, the county is allowed a discount equal to three percent of the state's portion of the fees. In no case is a discount allowed if the return or fee on the return is received after the due date or after any extension granted by the department.

Section 12-24-110. When an instrument has been recorded it is presumed that all requirements of law affecting the title to the realty have been complied with.

Section 12-24-120. (A) The penalty provisions of Chapter 54 of this title apply both to the state and county portions of the fee imposed by this chapter.

(B) If the clerk of court or register of mesne conveyances fails to collect the proper fee due, or place the notation on the instrument as required by this chapter, the clerk of court or register of mesne conveyances is subject to a penalty of not less than fifty dollars nor more than five hundred dollars for each failure. This penalty may be waived or reduced by the department.

(C) If the person liable for the fee imposed by this chapter fails to pay the proper fee due, that person is subject to a penalty of not less than fifty dollars nor more than five hundred dollars for each failure. This penalty may be waived or reduced by the department.

(D) All penalties and interest collected with respect to this fee must be paid proportionately into the Heritage Land Trust Fund, the South Carolina Housing Trust Fund, the general fund of the State, and the county general fund in accordance with Section 12-24-90(B).

Section 12-24-130. The fee imposed under this chapter and any penalties and interest thereon are a debt owing to the State by the person or persons liable for the fee and are a lien on all property of these persons, but this lien is valid so as to affect the rights of purchasers for value, mortgagees, or judgement or other lien creditors only from the time when warrant is entered upon the transcript of judgments in the county, in the case of real property where the property is situate, and in the case of personal property, where the person liable for the fee resides or possesses personal property if the receiver is a resident of this State, or if the person is a nonresident, where the personal property is situate.

Section 12-24-140. If the governing body of a county determines that another office of the county shall administer the collecting of the fee as provided under this chapter, the county shall notify the department of this determination and provide the department a letter from the person assigned these duties stating that he is accepting this responsibility. The office designated to collect the fee is subject to all the applicable provisions of this chapter in place of the clerk of court or register of mesne conveyances.

Section 12-24-150. (A) The department may promulgate regulations, issue instructions or advisory opinions, or provide any other information to the clerks of court, registers of mesne conveyances, or fee payors to ensure uniform administration and collection of the fee imposed by this chapter.

(B) All refund requests must be filed with the department, and it is the responsibility of the department to determine if a refund is due and order the issuance of any refund due.

(C) The provisions of Chapter 54, including the provisions of Section 12-54-85, and Chapter 60 of this title are applicable to the fee imposed by this chapter, and, for purposes of applying these chapters, the fee payor is deemed the taxpayer. For purposes of applying Chapter 60, if a clerk of court or register of mesne conveyances disagrees with a fee payor as to whether or not a transaction is exempt or as to the amount of the fee due, the fee payor may do one of the following:

(1) The fee payor may pay the fee and file a claim for refund request with the department under the provisions of Section 12-60-470. If the department determines that a refund is not due, the fee payor may appeal the matter to the Administrative Law Judge Division. If the department determines that a refund is due, the department shall refund the state portion of the fee and order the county to issue a refund for the county portion of the fee. Refund orders by the department may not be appealed by the county.

(2) The fee payor, upon filing an appeal with the department and a copy of the appeal with the clerk of court or register of mesne conveyances, may record the deed without payment of the fee. The appeal to the department must be administered in the same manner as appeals of property tax exemptions are administered by the department. If the department determines that the fee is due, the fee payor may appeal the decision to the Administrative Law Judge Division. If the department determines that the fee is not due, the county may not appeal that determination."

B. Article 3, Chapter 21, Title 12, and Chapter 25, Title 12 of the 1976 Code are repealed.

C. This section takes effect on the first day of the sixth month following approval by the Governor and applies with respect to deeds recorded on and after that date.

TO AMEND THE 1976 CODE BY ADDING SECTIONS 61-3-605 AND 61-5-86 SO AS TO AUTHORIZE A TEMPORARY RETAIL LIQUOR LICENSE AND A TEMPORARY MINIBOTTLE LICENSE TO THE PURCHASERS OF A BUSINESS CURRENTLY SO LICENSED, TO PROVIDE THAT NO SUCH TEMPORARY LICENSE MAY BE USED FOR A LOCATION DETERMINED TO BE A PUBLIC NUISANCE, TO REQUIRE THE APPLICANT FOR THE LICENSE TO EITHER ALREADY HOLD A PERMANENT RETAIL LIQUOR OR MINIBOTTLE LICENSE OR TO HAVE HAD A STATE LAW ENFORCEMENT DIVISION CRIMINAL HISTORY BACKGROUND CHECK CONDUCTED WITHIN THIRTY DAYS, TO PROVIDE FOR THE DURATION OF THE TEMPORARY LICENSE UNTIL A PERMANENT LICENSE IS APPROVED OR DISAPPROVED, BUT NOT LONGER THAN ONE HUNDRED TWENTY DAYS, TO PROVIDE FOR THE REVOCATION OF THE TEMPORARY LICENSE UPON FAILURE TO APPLY FOR A PERMANENT LICENSE IN A TIMELY MANNER, AND TO IMPOSE A TWENTY-FIVE DOLLAR FEE FOR THE TEMPORARY LICENSE.

A. Article 5, Chapter 3, Title 61 of the 1976 Code is amended by adding:

"Section 61-3-605. (A) A person who purchases a retail business which sells alcoholic beverages from a holder of a retail liquor license at the business, upon initiating the application process for a permanent retail liquor license, may be issued a temporary retail liquor license by the department at the time of the purchase if the location for which the temporary license is sought is not considered by the department to be a public nuisance as defined by the department by regulation and:

(1) the applicant currently holds a valid retail liquor license; 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 license issued pursuant to subsection (A) is valid until a permanent license is approved or disapproved by the department, but in no case is it valid for longer than one hundred twenty days.

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

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

B. Article 1, Chapter 5, Title 61 of the 1976 Code is amended by adding:

"Section 61-5-86. (A) A person who purchases a retail business which sells alcoholic liquors in sealed containers of two ounces or less from a holder of a license to sell alcoholic liquors in sealed containers of two ounces or less at the business, upon initiating the application process for a permanent license, may be issued a temporary license by the department at the time of the purchase if the location for which the temporary license is sought is not considered by the department to be a public nuisance as defined by the department by regulation and:

(1) the applicant currently holds a valid license to sell alcoholic liquors in sealed containers of two ounces or less; 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 license issued pursuant to subsection (A) is valid until a permanent license is approved or disapproved by the department, but in no case is it valid for longer than one hundred twenty days.

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

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

TO AMEND THE 1976 CODE BY ADDING SECTION 12-4-580 SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE AND TAXATION TO COLLECT LIABILITIES OWED GOVERNMENTAL ENTITIES, TO ALLOW THE DEPARTMENT TO CHARGE FEES FOR THESE SERVICES, TO REQUIRE GOVERNMENTAL ENTITIES TO INDEMNIFY THE DEPARTMENT AGAINST LOSSES ARISING OUT OF THESE COLLECTION ACTIVITIES, AND TO PROVIDE DEFINITIONS.

A. Article 5, Chapter 4, Title 12 of the 1976 Code is amended by adding:

"Section 12-4-580. (A) The department and any other governmental entity may contract to allow the department to collect any outstanding liabilities owed the governmental entity. In administering the provisions of such agreements, the department has all the rights and powers of collection allowed it under this title for the collection of taxes and all such rights and powers authorized the governmental entity to which the liability is owed.

(B) The department may charge a reasonable fee for any collection effort made on a governmental entity's behalf. The amount of the fee must be negotiated between the governmental entity and the department.

(C) Governmental entities that contract with the department pursuant to this section shall indemnify the department against any injuries, actions, liabilities, or proceedings arising from the department's collecting or attempting to collect the liability owed to the governmental entity.

(D) As used in this section:

(1) `governmental entity' means the State and any state agency, board, committee, commission, department, or public institution of higher learning; all political subdivisions of the State; and all federal agencies, boards, and commissions. `Political subdivision' includes the Municipal Association of South Carolina and the South Carolina Association of Counties when these organizations submit claims on behalf of their members.

(2) `liabilities owed the governmental entity' means a debt which is certified by the governmental entity to be owed it for which all rights of administrative or judicial appeal have been exhausted or all time limits for these appeals have expired."

B. This section takes effect July 1, 1996.

TO AMEND SECTION 12-36-70 OF THE 1976 CODE, RELATING TO THE DEFINITION OF RETAILER AND SELLER FOR PURPOSES OF THE SALES TAX, SO AS TO EXCLUDE FROM THE DEFINITION ACCOMMODATIONS PROVIDED TRANSIENTS IN FACILITIES OF FEWER THAN SIX SLEEPING ROOMS ON THE SAME PREMISES; AND TO AMEND SECTION 12-36-920, AS AMENDED, RELATING TO THE SALES TAX ON ACCOMMODATIONS TO TRANSIENTS, SO AS TO PROVIDE THAT THE EXCEPTION FOR FACILITIES CONSISTING OF LESS THAN SIX SLEEPING ROOMS IN A SINGLE BUILDING EXTENDS TO FACILITIES CONSISTING OF LESS THAN SIX SLEEPING ROOMS ON THE SAME PREMISES.

A. Section 12-36-70(1)(b) of the 1976 Code, as added by Act 612 of 1990, is amended to read:

"(b)furnishing accommodations to transients for a consideration, except an individual furnishing accommodations of less than six sleeping rooms on the same premises, which is the individuals place of abode;"

B. Section 12-36-920(A) of the 1976 Code, as added by Act 612 of 1990, is amended to read:

"(A) A sales tax equal to seven percent is imposed on the gross proceeds derived from the rental or charges for any rooms, campground spaces, lodgings, or sleeping accommodations furnished to transients by any hotel, inn, tourist court, tourist camp, motel, campground, residence, or any place in which rooms, lodgings, or sleeping accommodations are furnished to transients for a consideration. This tax does not apply where the facilities consist of less than six sleeping rooms, contained on the same premises, which is used as the individuals place of abode. The gross proceeds derived from the lease or rental of sleeping accommodations supplied to the same person for a period of ninety continuous days are not considered proceeds from transients. The tax imposed by this subsection (A) does not apply to additional guest charges as defined in subsection (B)."

TO AMEND SECTION 12-36-2120, AS AMENDED, OF THE 1976 CODE, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO EXEMPT FROM SALES TAX GROSS PROCEEDS FROM THE SALE OF MOTOR VEHICLE EXTENDED SERVICE CONTRACTS AND MOTOR VEHICLE EXTENDED WARRANTIES.

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

"( )motor vehicle extended service contracts and motor vehicle extended warranty contracts;"

B. This section takes effect July 1, 1996, and applies with respect to sales occurring after June 30, 1993. No refund is due any taxpayer of sales and use tax paid on motor vehicle extended service contracts and extended warranty contracts before July 1, 1996.

C. This section takes effect July 1, 1996.

*Texts printed in italic boldface were vetoed by the Governor June 19, 1996. The General Assembly sustained the vetoes on June 26, 1996.

TO AMEND THE 1976 CODE BY ADDING SECTION 50-3-180 SO AS TO CREATE THE MITIGATION TRUST FUND OF SOUTH CAROLINA FOR THE MITIGATION OF ADVERSE IMPACT TO NATURAL RESOURCES AND TO PROVIDE FOR THE ADMINISTRATION OF THE FUND.

A. The 1976 Code is amended by adding:

"Section 50-3-180. (A) The Mitigation Trust Fund of South Carolina is created for the purpose of receiving gifts, grants, contributions, and other proceeds for mitigation projects in the State. The Board of Trustees for the Mitigation Trust Fund is the chairman and the members of the South Carolina Department of Natural Resources Board with full authority over the administration of the funds deposited in the fund. The State Treasurer is the custodian of the fund and shall invest its assets in an interest-bearing account pursuant to South Carolina law.

(B) The Mitigation Trust Fund may receive appropriations of state general funds, federal funds, donations, gifts, bond issue receipts, securities, and other monetary instruments of value. Reimbursement for monies expended from this fund must be deposited in this fund. Funds received through sale, exchange, or otherwise, of products of the property including, but not limited to, timber and utility easement rights, accrue to the Mitigation Trust Fund.

(C) The income received and accruing from the fund must be spent only for the acquisition, restoration, enhancement, or management of property for mitigation for adverse impacts to natural resources.

(D) The proceeds from this fund may be carried forward from year to year and do not revert to the general fund of the State."

B. This section takes effect July 1, 1996.

TO AMEND SECTION 59-35-10 OF THE 1976 CODE, RELATING TO KINDERGARTEN PROGRAMS, SO AS TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 1996-97, SCHOOL DISTRICTS WHICH CHOOSE TO OFFER AN EXTENDED-DAY FIVE-YEAR-OLD KINDERGARTEN PROGRAM ARE ELIGIBLE FOR CERTAIN STATE FUNDING SUBJECT TO A LOCAL MATCHING FUNDS REQUIREMENT, TO PROVIDE THAT LOCAL BOARDS SHALL ESTABLISH POLICIES REGARDING PRIORITY OF SERVICE IN EXTENDED-DAY PROGRAMS, TO PROVIDE THAT PARENTS WITH CHILDREN WHO ARE ELIGIBLE TO ATTEND THE EXTENDED-DAY FIVE-YEAR-OLD KINDERGARTEN PROGRAM MAY ELECT A HALF-DAY PROGRAM FOR THEIR CHILDREN, TO REQUIRE PARENTS TO PROVIDE NOTIFICATION TO THE SCHOOL DISTRICT OF THEIR ELECTION TO ENROLL THEIR CHILD IN THE FULL-DAY PROGRAM, AND TO ALLOW PARENTS TO ELECT THAT THEIR CHILDREN NOT ATTEND PUBLIC KINDERGARTEN PROGRAMS.

Section 59-35-10 of the 1976 Code is amended to read:

"Section 59-35-10. The board of trustees of each school district shall establish and provide kindergartens for children within its jurisdiction. All children in the five-year-old kindergarten program must be counted in the average daily membership of any public school district when public school funds are to be apportioned to the several school districts. State aid for the five-year-old kindergarten program must be distributed through the formula provided for in the `Education Finance Act' (Act 163 of 1977).

Beginning with school year 1996-97, school districts which choose to offer an extended-day five-year-old kindergarten program shall be eligible for funding for the extended day equal to the EFA weight for a child attending a half-day five-year-old kindergarten program as funds are made available from the General Assembly. Local match is required for the extended-day funding. Local boards of trustees shall establish policies regarding priority of service in the extended-day program.

Parents of children who are eligible to attend the extended-day five-year-old kindergarten may elect the half-day program for their children. Parents intending to enroll their eligible children in a full-day kindergarten program must notify the district by January thirty-first of the year of the anticipated enrollment date, except that such notice for the 1996-97 school year only must be provided by July 15, 1996. Parents moving into the district after the notification date may apply for full-day kindergarten on a space available basis. Any parent or guardian of a child eligible for kindergarten may elect for their child or ward not to attend kindergarten pursuant to Section 59-65-10."

TO AMEND SECTION 59-24-10 OF THE 1976 CODE, RELATING TO ASSESSMENT OF LEADERSHIP AND MANAGEMENT CAPABILITIES OF PERSONS BEING CONSIDERED FOR APPOINTMENT AS ELEMENTARY OR SECONDARY SCHOOL PRINCIPALS, SO AS TO PROVIDE THAT BEGINNING WITH THE SCHOOL YEAR 1996-97, ANY PERSON APPOINTED AS A PRINCIPAL FOR ANY ELEMENTARY SCHOOL, SECONDARY SCHOOL, OR VOCATIONAL CENTER MUST BE ASSESSED FOR INSTRUCTIONAL LEADERSHIP AND MANAGEMENT CAPABILITIES BY THE ASSESSMENT CENTER OF THE SOUTH CAROLINA DEPARTMENT OF EDUCATION AND A PERSONAL PROFESSIONAL DEVELOPMENT PLAN CONSTRUCTED ON THE BASIS OF THAT ASSESSMENT PRIOR TO OR WITHIN ONE YEAR OF THE DATE SUCH APPOINTMENT IS MADE, TO PROVIDE THAT A REPORT OF THIS ASSESSMENT MUST BE FORWARDED TO THE DISTRICT SUPERINTENDENT, AND TO PROVIDE CERTAIN EXCEPTIONS; TO AMEND SECTION 59-24-30 OF THE 1976 CODE, RELATING TO PARTICIPATION BY SUPERINTENDENTS AND PRINCIPALS IN SEMINARS ON IMPROVEMENT OF ADMINISTRATIVE SKILLS AND INSTRUCTIONAL LEADERSHIP, SO AS TO REQUIRE ALL SCHOOL ADMINISTRATORS ANNUALLY TO DEVELOP OR UPDATE AN INDIVIDUAL PROFESSIONAL DEVELOPMENT PLAN WHICH IS APPROPRIATE FOR THEIR ROLE OR POSITION, TO PROVIDE FOR THE CONTENTS OF AND SUPPORT FOR THESE PLANS, AND TO PROVIDE FOR CERTAIN FUNDING OF THE NEW LEADERSHIP ASSESSMENT AND SUPPORT FOR THE PROFESSIONAL DEVELOPMENT PLAN.

A. Section 59-24-10 of the 1976 Code is amended to read:

"Section 59-24-10. Beginning with the school year 1996-97, any person appointed as a principal for any elementary school, secondary school, or vocational center must be assessed for instructional leadership and management capabilities by the Assessment Center of the South Carolina Department of Education and a personal professional development plan constructed on the basis of that assessment prior to or within one year of the date such appointment is made. A report of this assessment must be forwarded to the district superintendent. The provisions of this section do not apply to any persons currently employed as principals on the effective date of the provisions of this paragraph nor to any persons hired as principals before the beginning of school year 1996-97."

B. Section 59-24-30 of the 1976 Code is amended to read:

"Section 59-24-30. All school administrators shall develop annually or update an individual professional development plan which is appropriate for their role or position. This plan shall support both their individual growth and organizational needs. Organizational needs must be defined by the districts' strategic plans or school renewal plans. The Department of Education shall assist school administrators in carrying out their professional development plans by providing or brokering programs and services in the area of professional development."

C. Funding authorized to be expended for assessments of prospective principals and for administrator leadership seminars must be expended for the new leadership assessment and for support of the school administrator professional development planning.

TO AMEND SECTION 59-19-90 OF THE 1976 CODE, RELATING TO THE POWERS AND DUTIES OF SCHOOL DISTRICT BOARDS OF TRUSTEES, SO AS TO ELIMINATE THE REQUIREMENT THAT THE PROVISION OF SCHOOL CLASSROOMS OR OTHER SPACE FOR SCHOOL-AGE CHILD CARE PROGRAMS OR FACILITIES BE LIMITED TO NOT-FOR-PROFIT ORGANIZATIONS.

Section 59-19-90(11) of the 1976 Code is amended to read:

"(11) Provide school-age child care program or facilities therefor. Provide:

(a) a school-age child care program for children aged five through fourteen years that operates before or after the school day, or both, and during periods when school is not in session;

(b) a school-age child care program that operates during periods when school is in session for students who are enrolled in a half-day kindergarten program; or

(c) classrooms, other space, or both, in a school for use by an organization that is operating a school-age child care program before or after the school day, or both, and during periods when school is not in session for children aged five through fourteen years.

All latchkey programs operating pursuant to this item must be licensed."

TO AMEND SECTION 59-104-220, AS AMENDED, OF THE 1976 CODE, RELATING TO THE GOVERNOR'S PROFESSOR OF THE YEAR AWARD, SO AS TO PROVIDE FOR TWO AWARDS, ONE TO BE GIVEN TO A PROFESSOR AT A SENIOR INSTITUTION AND ONE TO BE GIVEN TO A SCHOOL AWARDING NO HIGHER THAN ASSOCIATE DEGREES AND TO AUTHORIZE AWARDING UP TO TEN FINALISTS FIVE HUNDRED DOLLARS EACH.

Section 59-104-220 of the 1976 Code, as last amended by an Act of 1996 bearing ratification number 368, is further amended to read:

"Section 59-104-220. The Governor's Professor of the Year Award is established as follows:

(1) Each public or private institution of higher learning in this State is eligible to nominate one faculty member for this award who has demonstrated exceptional teaching performance.

(2) The Governor's office in conjunction with the Commission on Higher Education shall establish a committee to choose the Professor of the Year from a senior institution and a Professor of the Year from an institution offering no degree above the associate's degree. The committee must consist of representatives of the Governor's office, the commission, and appropriate civic, business, government, and academic organizations.

(3) Each award must include a citation and a payment of five thousand dollars. Up to ten finalists may be awarded five hundred dollars each by the Commission on Higher Education. The Governor's office shall host an appropriate ceremony at which the awards must be presented.

(4) The commission shall request annual state appropriations for the award."

TO AMEND SECTION 12-21-2420, AS AMENDED, OF THE 1976 CODE, RELATING TO ADMISSIONS TAXES, SO AS TO CREATE AN EXEMPTION FOR AN ACCREDITED COLLEGE OR UNIVERSITY FOR THE PRESENTATION OF PERFORMING ARTISTS.

Section 12-21-2420(4) of the 1976 Code, as last amended by Act 171 of 1991, is further amended to read:

"(4) On admissions charged by any eleemosynary and nonprofit corporation or organization organized exclusively for religious, charitable, scientific, or educational purposes; or the presentation of performing artists by an accredited college or university; provided, that the license tax herein levied and assessed shall be collected and paid upon all paid admissions to all athletic events of any institution of learning above the high school level; provided, however, that carnivals, circuses, and community fairs operated by eleemosynary or nonprofit corporations or organizations organized exclusively for religious, charitable, scientific, or educational purposes shall not be exempt from the assessment and collection of admissions tax on charges for admission for the use of or entrance to rides, places of amusement, shows, exhibits, and other carnival facilities, but not to include charges for general gate admissions except when the proceeds of any such carnival, circus, or community fair are donated to a hospital; provided, further, that no admission tax shall be charged or collected by reason of any charge made to any member of a nonprofit organization or corporation for the use of the facilities of the organization or corporation of which he is a member."

TO AMEND SECTION 53-5-10 OF THE 1976 CODE, RELATING TO LEGAL HOLIDAYS AND THE AUTHORIZED NUMBER STATE EMPLOYEES MAY SELECT, SO AS TO PROVIDE THAT THE HOLIDAY SCHEDULES OF PUBLIC COLLEGES AND UNIVERSITIES, INCLUDING TECHNICAL COLLEGES, SHALL NOT VIOLATE THE HOLIDAY PROVISIONS ABOVE SO LONG AS THE NUMBER OF HOLIDAYS PROVIDED FOR IN THIS SECTION ARE NOT EXCEEDED.

Section 53-5-10 of the 1976 Code is amended to read:

"Section 53-5-10. The first day of January, the fifteenth day of January, the nineteenth day of January, the third Monday in February, the tenth day of May, the last Monday of May, the third day of June, the Fourth day of July, the first Monday in September, the eleventh day of November, National Thanksgiving Day and the day after, and the twenty-fifth and twenty-sixth days of December in each year are legal holidays.

State employees may select, prior to the first day of January, in writing on a form provided by their employer, one of the following nonnational holidays: Martin Luther King's birthday, January 15; Robert E. Lee's birthday, January 19; Confederate Memorial Day, May 10; or Jefferson Davis' birthday, June 3, or, in the alternative, select a day of their choice.

All general election days are legal holidays in addition to the above.

The holiday schedules of public colleges and universities, including technical colleges, shall not be in violation of this section so long as the number of holidays provided for in this section are not exceeded."

TO AMEND SECTION 17-5-220 OF THE 1976 CODE, RELATING TO THE ESTABLISHMENT AND FUNCTIONS OF MEDICAL EXAMINER COMMISSIONS IN CERTAIN COUNTIES, SO AS TO CLARIFY THAT CREATION OF A MEDICAL EXAMINERS COMMISSION IS PERMISSIVE AND NOT MANDATORY.

A. Section 17-5-220 of the 1976 Code is amended to read:

"Section 17-5-220. A county with a population of one hundred thousand or more, according to the last official United States census, may establish by appropriate implementing resolution, a commission to be known as the medical examiner commission of that county, composed of five members, one of whom must be the chief administrative officer of the county health department who is a permanent member, and four of whom must be appointed by the Governor upon recommendation of the county legislative delegation. The initial terms of the appointive members are as follows: one member for a term of one year, one member for a term of two years, one member for a term of three years, and one member for a term of four years. After the initial terms, all members shall serve for terms of four years. The effective date of appointments is July first with terms expiring on June thirtieth. The members shall serve without compensation. The length of the terms of those who serve first must be determined by lot at the first meeting of the commission.

The commission shall meet as soon as practicable after appointment and shall organize itself by electing one of its members as chairman and other officers as may be considered necessary. After this first meeting, the commission shall meet at least every six months and more often as its duties require upon the call of the chairman or a majority of its members.

The commission is authorized to adopt and promulgate regulations as it may consider necessary."

B. A commission member in office as of the effective date of this section is allowed to continue serving until his current term expires. As of the effective date of this section, a vacancy caused by an expiration of a term or otherwise must be filled as prescribed by the section.

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

B. This section takes effect upon approval by the Governor and applies with respect to property tax years beginning after 1996.

*Texts printed in italic boldface were vetoed by the Governor June 19, 1996. The General Assembly sustained the vetoes on June 26, 1996.

TO AMEND SECTION 14-1-208, AS AMENDED, OF THE 1976 CODE, RELATING TO THE DISBURSEMENT OF MUNICIPAL COURT ASSESSMENTS FOR COMPLEX CRIMINAL LITIGATION TO REDUCE THE THRESHOLD EXPENDITURE OF A COUNTY BEFORE IT IS ELIGIBLE FOR REIMBURSEMENT FROM TWO HUNDRED FIFTY THOUSAND DOLLARS TO ONE HUNDRED THOUSAND DOLLARS.

A. Section 14-1-208(C)(8) of the 1976 Code, as last amended by Section 113, Act 145 of 1995, is further amended to read:

"(8)1.0 percent to the Attorney General's Office for a fund to provide support for counties involved in complex criminal litigation. For the purposes of this item, `complex criminal litigation' means criminal cases in which the State is seeking the death penalty and has served notice as required by law upon the defendant's counsel and the county involved has expended more than one hundred thousand dollars for a particular case in direct support of operating the Court of General Sessions and for prosecution related expenses. The Attorney General shall develop guidelines for determining what expenses are reimbursable from the fund and shall approve all disbursements from the fund. Funds must be paid to a county for all expenditures authorized for reimbursement under this item except for the first one hundred thousand dollars the county expended in satisfying the requirements for reimbursement from the fund; however, money disbursed from this fund must be disbursed on a `first received, first paid' basis. When revenue in the fund reaches five hundred thousand dollars, all revenue in excess of five hundred thousand dollars must be credited to the General Fund of the State. Unexpended revenue in the fund at the end of the fiscal year carries over and may be expended in the next fiscal year."

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

TO AMEND SECTION 1-11-720, AS AMENDED, OF THE 1976 CODE, RELATING TO ENTITIES ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO ALLOW PARTICIPATION BY A RESIDENTIAL GROUP CARE FACILITY PROVIDING ON-SITE TEACHING TO RESIDENTS IF THE STAFF ARE CURRENTLY ENROLLED IN THE SOUTH CAROLINA RETIREMENT SYSTEM AND IF IT PROVIDES AT NO COST EDUCATIONAL FACILITIES ON ITS GROUNDS TO THE SCHOOL DISTRICT IN WHICH IT IS LOCATED.

Section 1-11-720(A) of the 1976 Code, as last amended by Section 42, Part II, Act 497 of 1994, is further amended to read:

"(A) In addition to the employees and retirees and their eligible dependents covered under the state health and dental insurance plans pursuant to Section 1-11-710, employees and retirees and their eligible dependents of the following entities are eligible for coverage under the state health and dental insurance plans pursuant to the requirements of subsection (B):

(1) counties;

(2) regional tourism promotion commissions funded by the Department of Parks, Recreation and Tourism;

(3) county mental retardation boards funded by the State Mental Retardation Department;

(4) regional councils of government established pursuant to Article 1, Chapter 7 of Title 6;

(5) regional transportation authorities established pursuant to Chapter 25 of Title 58;

(6) alcohol and drug abuse planning agencies designated pursuant to Section 61-5-320;

(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;

(9) county councils on aging or other governmental agencies providing aging services funded by the Office of the Governor, Division on Aging;

(10) community action agencies that receive funding from the Community Services Block Grant Program administered by the Governor's Office, Division of Economic Opportunity;

(11) a residential group care facility providing on-site teaching for residents if the facility's staff are currently members of the South Carolina Retirement System established pursuant to Chapter 1, Title 9 and if it provides at no cost educational facilities on its grounds to the school district in which it is located."

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

*Texts printed in italic boldface were vetoed by the Governor June 19, 1996. The General Assembly sustained the vetoes on June 26, 1996.

TO PROVIDE THAT THE DEPARTMENT OF PEDIATRICS OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, THE UNIVERSITY PEDIATRICS OF THE UNIVERSITY AFFILIATED PROGRAM OF THE UNIVERSITY OF SOUTH CAROLINA, AND THE CHILDREN'S HOSPITAL OF THE GREENVILLE HOSPITAL SYSTEM ARE AUTHORIZED AS AGENTS FOR THE STATE OF SOUTH CAROLINA TO FULFILL THE ROLE OF REGIONAL TERTIARY LEVEL DEVELOPMENTAL EVALUATION CENTERS AND TO PROVIDE FOR THE DEVELOPMENTAL SERVICES THESE ENTITIES SHALL PROVIDE IN THIS REGARD.

A. The Department of Pediatrics of the Medical University of South Carolina, the University Pediatrics of the University Affiliated Program of the University of South Carolina, and the Children's Hospital of the Greenville Hospital System, are each hereby authorized, as agents of the State of South Carolina, to fulfill the role of Regional Tertiary Level Developmental Evaluation Centers providing comprehensive developmental assessment and treatment services for children with developmental disabilities, significant developmental delays, or behavioral or learning disorders.

B. As developmental evaluation centers, the above named institutions shall provide a seamless continuum of developmental services, including medically necessary diagnostic and treatment services for the purpose of correcting or ameliorating physical or mental illnesses and conditions which, left untreated, would negatively impact the health and quality of life of South Carolina's children. Further, these centers shall work collectively with the teaching, training, and research entities of each institution, extending the state's efforts to prepare professionals to work in the field of developmental medicine, while lending expertise to the research efforts in this field.

C. The developmental evaluation centers shall be involved in research, planning, and needs assessment of issues related to developmental disabilities and shall be committed to develop a regionalized system of community-based, family-centered care for children with developmental and behavioral disabilities. In so doing, the centers shall serve as primary points of entry for developmental evaluation services and as regional coordinators for the delivery of the services and are encouraged to affiliate with other providers thus enhancing the availability of high quality services for the children of South Carolina.

TO AMEND THE 1976 CODE BY ADDING SECTION 58-17-4096 SO AS TO PROHIBIT TRESPASSING UPON RAILROAD TRACKS AND TO PROVIDE PENALTIES FOR VIOLATIONS.

The 1976 Code is amended by adding:

"Section 58-17-4096. (A) It is unlawful, without proper authority, for a person to trespass upon railroad tracks.

(B) A person who violates 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."

TO REQUIRE THE CODE COMMISSIONER TO CHANGE ALL REFERENCES IN THE ACTS AND JOINT RESOLUTIONS OR THE 1976 CODE FROM "DEPARTMENT OF REVENUE AND TAXATION" TO "DEPARTMENT OF REVENUE".

Whenever the term "Department of Revenue and Taxation" appears in the Acts and Joint Resolutions of the General Assembly or the 1976 Code of Laws of South Carolina, it shall mean the "Department of Revenue." The Code Commissioner is directed to change all such references at such time and in such manner as may be timely and cost-effective.

TO AMEND SECTIONS 12-27-1290 AND 12-28-2920, BOTH AS AMENDED, OF THE 1976 CODE, RELATING TO THE ESTABLISHMENT AND CONSTRUCTION OF TOLL ROADS, SO AS TO REVISE THE DISBURSEMENT OF FUNDS DERIVED FROM TOLLS AND THE CONDITIONS UPON WHICH TOLL CHARGES SHALL CEASE; TO AMEND SECTION 57-5-1320, AS AMENDED, RELATING TO TURNPIKE PROJECT DEFINITIONS, SO AS TO REVISE CERTAIN DEFINITIONS AND TO DEFINE GENERAL OBLIGATION BOND; TO AMEND SECTION 57-5-1360, RELATING TO CERTAIN POWERS AND DUTIES OF THE STATE BUDGET AND CONTROL BOARD, SO AS TO SUBSTITUTE "BONDS" FOR "FACILITY"; AND TO AMEND SECTION 57-5-1450, AS AMENDED, RELATING TO THE STATE BUDGET AND CONTROL BOARD'S AUTHORITY TO ISSUE TURNPIKE BONDS AND THE TERMS AND CONDITIONS OF THE BONDS, SO AS TO REVISE THE PROCESS OF ISSUING TURNPIKE BONDS AND TO DELETE CERTAIN CONDITIONS THAT MAY BE ATTACHED TO THE BONDS.

A. Section 12-27-1290 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 12-27-1290. The department shall review projects for the possibility of constructing toll roads to defray the cost of these projects pursuant to the authority granted the department in Section 57-5-1330. No project may be funded by means of imposing a toll on the users of the project unless in conjunction with federal funds authorized for use on toll roads it is determined to be substantially feasible by the department. The funds derived from tolls must be:

(1) credited to the State Highway Fund or retained and applied by the entity or entities developing the toll road pursuant to an agreement authorized under Section 57-3-200 for the purpose of funding the cost of construction, financing, operation, and maintenance of the toll project; or

(2) used to service bonded indebtedness for highway transportation purposes incurred pursuant to Paragraph 9, Section 13, Article X of the South Carolina Constitution.

Upon repayment of the cost of construction and financing, toll charges shall cease."

B. Section 12-28-2920 of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"Section 12-28-2920. The department shall review projects for the possibility of constructing toll roads to defray the cost of these projects pursuant to the authority granted the department in Section 57-5-1330. No project may be funded by means of imposing a toll on the users of the project unless in conjunction with federal funds authorized for use on toll roads it is determined to be substantially feasible by the department. The funds derived from tolls must be:

(1) credited to the State Highway Fund or retained and applied by the entity or entities developing the toll road pursuant to an agreement authorized under Section 57-3-200 for the purpose of funding the cost of construction, financing, operation, and maintenance of the toll project; or

(2) used to service bonded indebtedness for highway transportation purposes incurred pursuant to Paragraph 9, Section 13, Article X of the South Carolina Constitution.

Upon repayment of the cost of construction and financing, toll charges shall cease."

C. Section 57-5-1320 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 57-5-1320. Unless the context indicates another meaning or intent:

(1) `Department' means the Department of Transportation;

(2) `Turnpike facility' means any express highway or limited access highway constructed under the provisions of this article by the department, whether or not financed with turnpike bonds, including any bridge, tunnel, overpass, underpass, interchange, entrance plaza, approach, toll house, service station and administration and storage and other buildings and facilities which the department considers necessary or desirable. A turnpike facility constitutes a portion or extension of any existing or proposed highway in the state highway system;

(3) `Bonds or turnpike bonds' means revenue bonds of the State authorized under the provisions of this article and Paragraph (9), Section 13, Article X of the South Carolina Constitution;

(4) `State board' means the State Budget and Control Board;

(5) `Turnpike facility revenues' means all revenues resulting from tolls or other charges derived from the operation of a turnpike facility, including revenues derived from concession leases or other concessionaire operated facilities;

(6) `Bond resolution' means the resolution of the state board making provision for the issuance of turnpike revenue bonds;

(7) `General obligation bonds' means state highway bonds issued pursuant to Paragraph (6)(a), Section 13, Article X of the South Carolina Constitution."

D. Section 57-5-1360 of the 1976 Code is amended to read:

"Section 57-5-1360. Following the receipt of a request pursuant to Section 57-5-1350, the state board shall review the request and, to the extent that it approves the request, it may effect, by resolution duly adopted, the issuance of turnpike bonds, or pending their issuance, may effect the issuance of bond anticipation notes pursuant to Title 11, Chapter 17. A resolution approving any proposed turnpike bonds may not be adopted unless before approval the state board conducts, after not less than ten days' published notice, a public hearing in the City of Columbia."

E. Section 57-5-1450 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 57-5-1450. (A) The state board, by resolution duly adopted, may make provision for the issuance of turnpike bonds. In the resolution, the state board may prescribe:

(1) the amount, denomination, and numbering of turnpike bonds to be issued;

(2) the date as of which they must be issued;

(3) the maturity schedule for the retirement of the turnpike bonds;

(4) the form or forms of the bonds of the particular issue;

(5) the redemption provisions, if any, applicable to the bonds;

(6) the maximum rate or rates of interest the bonds shall bear;

(7) the specific purposes for which the bonds must be issued;

(8) the purposes for which the proceeds of the bonds must be expended, in the discretion of the state board, a portion of the proceeds may be used as capitalized interest during the period of construction and initial operation and for the creation of appropriate debt service reserves;

(9) the method and conditions by which turnpike revenues from the turnpike facility so financed must be collected and utilized;

(10) the extent to which and the conditions under which additional parity bonds may be issued;

(11) any covenant considered necessary protecting the turnpike facility so financed from possible future competition from other highways or comparable facilities;

(12) the method by which the bonds must be sold and such other matters as may be considered necessary in order to effect the sale, issuance, and delivery of the bonds.

(B) Except as otherwise provided in this article, all expenses incurred in carrying out the provisions of this article are payable solely from funds provided under the authority of this article or from any funds provided by the federal government or from other special sources and no liability or obligation may be incurred by the department beyond the extent to which money has been provided under the provisions of this article.

(C) The resolution shall set forth further a finding on the part of the state board that the estimate of turnpike facility revenues made by the commission and approved by the state board indicates that collection from turnpike revenues for applicable fiscal years is not less than that required for annual debt service requirements of the requested turnpike bonds."

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

TO AMEND SECTION 8-11-640, AS AMENDED, OF THE 1976 CODE, RELATING TO CREDIT FOR PRIOR STATE SERVICE IN COMPUTING BONUS LEAVE EARNINGS AND OTHER RELATED MATTERS, SO AS TO INCREASE THE NUMBER OF YEARS FOR WHICH CERTAIN EMPLOYEES SHALL RECEIVE CREDIT FOR PRIOR STATE SERVICE FOR PURPOSES OF COMPUTING BONUS EARNINGS.

Section 8-11-640 of the 1976 Code, as last amended by Act 523 of 1994, is further amended to read:

"Section 8-11-640. All employees of the State as of June 2, 1972, shall receive full credit for employment prior to such date. Following the date of June 2, 1972, all employees who are rehired following a break in service shall be given credit for prior state service for purposes of computing bonus earnings. In the event an employee transfers from one state agency to another, his annual leave balance shall also be transferred.

Any permanent employee of a state agency or department must be given full state service credit for prior service as a certified employee of a school district of this State for purposes of computing bonus earnings and no credit under this paragraph may be given for any out-of-state teaching service or other service with an out-of-state school district."

TO AMEND THE 1976 CODE BY ADDING SECTION 12-4-380 SO AS TO REQUIRE THE DEPARTMENT OF REVENUE AND TAXATION ANNUALLY TO REPORT TO THE GENERAL ASSEMBLY ON THE REVENUE IMPACT OF POLICY DOCUMENTS PRESCRIBED, AMENDED, OR REVOKED IN THE MOST RECENTLY COMPLETED FISCAL YEAR AND TO REQUIRE IN THE REPORT DETAIL ON TAX LIABILITIES REDUCED BY ORDER OF THE DIRECTOR OF THE DEPARTMENT.

A. Article 3, Chapter 4, Title 12 of the 1976 Code is amended by adding:

"Section 12-4-380. The department annually shall report to the General Assembly on the revenue impact of policy documents prescribed, amended, or revoked in the most recently completed fiscal year and in the report shall provide detail on tax liabilities reduced by order of the director."

B. This section is effective with respect to fiscal years beginning after June 30, 1994.

TO AMEND SECTION 61-3-440, AS AMENDED, OF THE 1976 CODE, RELATING TO PROHIBITING ISSUING ALCOHOLIC BEVERAGE LICENSES WITHIN A CERTAIN DISTANCE OF CHURCHES, SCHOOLS, OR PLAYGROUNDS, SO AS TO REVISE THE EXEMPTIONS AND TO REQUIRE APPLICANTS TO PAY A FIVE DOLLAR CERTIFICATION FEE TO DETERMINE IF THE EXEMPTION APPLIES.

Section 61-3-440 of the 1976 Code, as last amended by Section 1583 of Act 181 of 1993, is further amended to read:

"Section 61-3-440. (A) The department shall not grant or issue any license provided for in this chapter, Chapter 7, and Article 3 of Chapter 13, if the place of business is within three hundred feet of any church, school, or playground situated within a municipality or within five hundred feet of any church, school, or playground situated outside of a municipality. Such distance shall be computed by following the shortest route of ordinary pedestrian or vehicular travel along the public thoroughfare from the nearest point of the grounds in use as part of such church, school, or playground, which, as used herein, shall be defined as follows:

(1) `Church', an establishment, other than a private dwelling, where religious services are usually conducted;

(2) `School', an establishment, other than a private dwelling where the usual processes of education are usually conducted; and

(3) `Playground', a place, other than grounds at a private dwelling, which is provided by the public or members of a community for recreation.

The above restrictions do not apply to the renewal of licenses and they do not apply to new applications for locations which are licensed at the time the new application is filed with the department.

(B) An applicant for license renewal or for a new license at an existing location shall pay a five dollar certification fee to determine if the exemptions provided for in subsection (A) apply."

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

*Texts printed in italic boldface were vetoed by the Governor June 19, 1996. The General Assembly sustained the vetoes on June 26, 1996.

TO AMEND SECTION 44-93-170, AS AMENDED, OF THE 1976 CODE, RELATING TO THE INFECTIOUS WASTE CONTINGENCY FUND, SO AS TO PROVIDE THAT WHEN THE FUND EXCEEDS $350,000, FEES MUST BE DISTRIBUTED TO THE COUNTY IN WHICH THE FEE WAS COLLECTED AND THAT WHEN THE AMOUNT IN THE FUND REACHES $250,000 OR LESS, ALL FEES MUST GO TO THE FUND UNTIL IT REACHES $350,000.

Section 44-93-170 of the 1976 Code, as last amended by Section 30C, Part II, Act 497 of 1994, 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 three hundred fifty thousand dollars, all fees remaining after funding the Infectious Waste Program Fund must be placed in the account established for counties and distributed as provided for in this section. When the balance in the Infectious Waste Contingency Fund reaches $250,000 or less, all fees remaining after funding the Infectious Waste Program Fund must be retained by the contingency fund until the fund reaches $350,000. 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."

TO AMEND CHAPTER 27, TITLE 6 OF THE 1976 CODE, RELATING TO THE STATE AID TO SUBDIVISIONS ACT, BY ADDING SECTION 6-27-55 SO AS TO PROVIDE THAT, FROM FUNDS DISTRIBUTED TO THE COUNTY PURSUANT TO SECTION 6-27-40, A COUNTY SHALL PROVIDE FUNDS FOR ALL COUNTY OFFICES OF STATE AGENCIES FOR WHICH THE COUNCIL IS REQUIRED TO PROVIDE FUNDING BY STATE LAW.

A. Chapter 27, Title 6 of the 1976 Code is amended by adding:

"Section 6-27-55. From funds distributed to the county pursuant to Section 6-27-40, a county council shall provide a reasonable amount of funds for all county offices of state agencies for which the council is required to provide funding by state law."

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

*Texts printed in italic boldface were vetoed by the Governor June 19, 1996. The General Assembly sustained the vetoes on June 26, 1996.