General Appropriations Bill H. 4600 for the fiscal year beginning July 1, 1996
PART II PAGE 504
1
2
3 PART II
4 Permanent Provisions
5
6
7 SECTION 1
8
9 The Code Commissioner is directed to include all permanent general laws in this Part in the next edition of the Code of Laws
10 of South Carolina, 1976, and all supplements to the Code.
11
12
13 SECTION 2
14
15 TO REPEAL SECTIONS 11-11-60, 11-11-130, AND 11-25-110 OF THE 1976 CODE, RELATING TO OBSOLETE
16 PROVISIONS RELATING TO THE FORMER RESPONSIBILITIES OF THE STATE BUDGET AND CONTROL
17 IN THE BUDGET-MAKING PROCESS AND AGENCY REPORTING REQUIREMENTS.
18
19 A. Sections 11-11-60, 11-11-130, and 11-25-110 of the 1976 Code are repealed.
20
21 B. This section takes effect July 1, 1996.
22
23
24 SECTION 3
25
26 TO REPEAL SECTION 1-11-21 OF THE 1976 CODE, RELATING TO REPORTING DATES FOR THE ANNUAL
27 BUDGET REPORT.
28
29 A. Section 1-11-21 of the 1976 Code is repealed.
30
31 B. This section takes effect July 1, 1996.
32
33
34 SECTION 4
35
36 TO AMEND SECTION 48-48-140 OF THE 1976 CODE, RELATING TO THE TAX ON LOW-LEVEL
37 RADIOACTIVE WASTE DISPOSAL OF TWO HUNDRED THIRTY-FIVE DOLLARS A CUBIC FOOT AND THE
38 DISTRIBUTION OF THIS REVENUE, AND SECTION 59-143-10, RELATING TO THE SOUTH CAROLINA
39 EDUCATIONAL ASSISTANCE ENDOWMENT FUND (FUND), SO AS TO CHANGE THE NAME OF THIS FUND
40 TO THE "CHILDREN'S EDUCATION ENDOWMENT".
41
42 A. Section 48-48-140 of the 1976 Code, as added by Section 79, Part II, Act 145 of 1995, is amended to read:
43
44 "Section 48-48-140. (A) There is imposed a tax of two hundred thirty-five dollars a cubic foot on each cubic foot of
PART II PAGE 505
1 low-level radioactive waste disposed of in this State. The revenues resulting from the provisions of this section must be used
2 for the South Carolina Educational Assistance Endowment Fund Children's Education Endowment as reflected in
3 appropriations to the State Treasurer in Part I, Section 10 of the 1995-96 general appropriations act and as thereafter
4 provided, except as provided in Subsection (C).
5 (B) The owner or operator of a low-level radioactive waste disposal facility no later than thirty days following the end
6 of each quarter shall submit the following to the South Carolina Department of Revenue and Taxation:
7 (1) a report detailing the quantity and type of waste disposed of during the previous calendar quarter; and
8 (2) a check made payable to the South Carolina Department of Revenue and Taxation for the amount of the tax
9 imposed in (A) above.
10 (C) An amount equal to six dollars a cubic foot of each cubic foot of waste disposed of in this State must be allocated
11 to the Education Finance Act until such time as the program is fully funded. All remaining revenues collected pursuant to
12 this section must be allocated as follows: ninety-five percent of the revenues collected pursuant to this section must be
13 credited to the South Carolina Educational Assistance Endowment Fund Children's Education Endowment, a fund separate
14 and distinct from the general fund of the State, in the manner provided by law, and the remaining revenues must be remitted
15 by the State Treasurer to the governing body of Barnwell County for distribution to each of the parties to and beneficiaries
16 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
17 within that order for the distribution of `payments in lieu of taxes' paid by the United States Department of Energy.
18 (D) For purposes of this section `low-level radioactive waste' means property delivered to the low-level radioactive
19 waste disposal facility in Barnwell County for long-term disposal. It does not include materials consumed or disposed of
20 arising out of the operation of the facility.
21 (E) The tax imposed by this section is calculated by multiplying the amount of the tax imposed on a cubic foot by the
22 cubic foot amount specified in the permits required by the South Carolina Department of Health and Environmental Control
23 and submitted at the time of delivery of the low-level radioactive waste."
24
25 B. Section 59-143-10 of the 1976 Code, as added by Section 82, Part II, Act 145 of 1995, is amended to read:
26
27 "Section 59-143-10. There is hereby established the South Carolina Educational Assistance Endowment Fund
28 Children's Education Endowment. The revenue received pursuant to Section 48-48-140(C) must be deposited by the State
29 Treasurer in a fund separate and distinct from the state general fund entitled the `Educational Assistance Endowment Fund'
30 `Children's Education Endowment'. All interest or income earned by the fund shall be retained in the fund and used for its
31 stated purposes which are to provide funding for Public School Facilities Assistance and Higher Education Scholarship
32 Grants. It is the intent of the General Assembly that in creating this endowment that its funds be managed so as to establish
33 and fund these programs permanently. Upon receipt of monies transferred to the Children's Education Endowment Fund
34 by the State Treasurer, thirty percent of these monies must be allocated to Higher Education Scholarship Grants and seventy
35 percent must be allocated to Public School Facility Assistance. Earnings on each allocation shall accumulate for the benefit
36 of that particular program. For purposes of the allocation to Higher Education Scholarship Grants, the Budget and Control
37 Board shall release a minimum of ten million dollars annually beginning with the 1996-97 fiscal year."
38
39
40 SECTION 5
41
42 TO AMEND SECTION 12-28-2720, OF THE 1976 CODE, RELATING TO DISTRIBUTION OF THE REVENUES
PART II PAGE 506
1 OF THE 10.34 CENTS A GALLON TAX ON GASOLINE, SO AS TO PHASE-IN THE CREDITING OF THE
2 TOTAL AMOUNT OF THE TAX TO THE STATE HIGHWAY FUND.
3 Amend Title To Conform
4
5 A. Section 12-28-2720 of the 1976 Code, as added by Act 136 of 1995, is amended to read:
6
7 "Section 12-28-2720. The proceeds from ten and thirty-four hundredths cents a gallon of the tax on gasoline only as
8 levied and provided for in this chapter must be distributed as follows: nine and thirty-four hundredths cents on each gallon
9 must be turned over to the Department of Transportation for the purpose of that department, and one cent a gallon must be
10 deposited to the credit of the general fund of the State."
11
12 B. Notwithstanding the provisions of Section 12-28-2720 of the 1976 Code as amended by this section, and for the
13 applicable portion of Fiscal Year 1996-97 only, revenues of the 10.34 cents a gallon tax on gasoline must be distributed as
14 follows:
15 (1) 9.84 cents a gallon must be turned over to the Department of Transportation for the purposes of the department;
16 and
17 (2) one-half cent a gallon must be deposited to the credit of the general fund of the State.
18
19 C. This section takes effect June 1, 1997.
20
21
22 SECTION 6
23
24 ("C" Funds Allocation) - DELETED
25
26
27 SECTION 7
28
29 (Highway Patrol Law Enforcement Account) - DELETED
30
31
32 SECTION 8
33
34 TO AMEND THE 1976 CODE BY ADDING SECTION 12-37-935 SO AS TO PROVIDE A PHASED-IN INCREASE
35 IN THE DEPRECIATION ALLOWANCE FOR MANUFACTURER'S MACHINERY AND EQUIPMENT FOR
36 PURPOSES OF THE PROPERTY TAX AND TO PROVIDE FOR THE REIMBURSEMENT OF LOCAL TAXING
37 ENTITIES FOR REVENUES NOT COLLECTED BECAUSE OF THIS ADDITIONAL DEPRECIATION; AND TO
38 AMEND SECTION 12-37-930, AS AMENDED, RELATING TO VALUATION OF PROPERTY AND
39 DEPRECIATION OF MANUFACTURER'S MACHINERY AND EQUIPMENT FOR PURPOSES OF THE
40 PROPERTY TAX, SO AS TO CONFORM IT TO THE PROVISIONS OF SECTION 12-37-935 AS ADDED BY THIS
41 ACT.
42 Amend Title To Conform
PART II PAGE 507
1 A. Article 5, Chapter 37, Title 12 of the 1976 Code is amended by adding:
2
3 "Section 12-37-935. (A) Except as provided in Section 12-37-930 for custom molds and dies used in the conduct of
4 manufacturing electronic interconnection component assembly devices for computers and computer peripherals, the original
5 cost must not be reduced more than the percentage provided in the following schedule:
6
7 Property Tax Year Maximum Percentage Depreciation
8 Before 1996 80 percent
9 1996 82 percent
10 1997 84 percent
11 1998 86 percent
12 1999 88 percent
13 After 1999 90 percent.
14
15 (B) There is established in the State Treasury a fund separate and distinct from the general fund of the State and all
16 other funds styled The Depreciation Property Tax Reimbursement Fund. Annually, the General Assembly shall appropriate
17 to this fund an amount sufficient to reimburse all local taxing entities the amount of revenue not collected as a result of the
18 additional depreciation more than eighty percent allowed for manufacturer's machinery and equipment pursuant to this
19 section. No reimbursement is allowed for any depreciation allowed in connection with custom molds and dies used in the
20 conduct of manufacturing electronic interconnection component assembly devices for computers and computer peripherals.
21 Reimbursements must be paid from the fund in the manner provided in Section 12-37-270, mutatis mutandis."
22
23 B. The penultimate paragraph of Section 12-37-930 of the 1976 Code, as last amended by Act 32 of 1995, is further
24 amended to read:
25
26 "In no event may the original cost be reduced more than eighty percent as provided in Section 12-37-935, except this
27 limit is ninety percent for custom molds and dies used in the conduct of manufacturing electronic interconnection component
28 assembly devices for computers and computer peripherals. In the year of acquisition, depreciation is allowed as if the
29 property were owned for the full year. The term `original cost' means gross capitalized cost, including property on which
30 the taxpayer made the election allowed pursuant to Section 179 of the Internal Revenue Code of 1986, as shown by the
31 taxpayer's records for income tax purposes. For purposes of this paragraph, custom molds and dies used in the conduct of
32 manufacturing electronic interconnection component assembly devices for computers and computer peripherals are molds
33 and dies designed, produced, and conditioned to the special order of a manufacturer."
34
35 C. This section takes effect for property tax years beginning after 1995.
36
37
38 SECTION 9
39
40 (Senior Citizens Income Tax Relief) - DELETED
PART II PAGE 508
1 SECTION 10
2
3 TO AMEND SECTION 12-28-2730 OF THE 1976 CODE, RELATING TO THAT PORTION OF GASOLINE TAX
4 CREDITED TO THE SPECIAL WATER RECREATIONAL RESOURCES FUND, SO AS TO PROVIDE FOR THE
5 REIMBURSEMENT OF THE DEPARTMENT OF NATURAL RESOURCES FOR NOXIOUS AQUATIC WEED
6 TREATMENT.
7 Amend Title To Conform
8
9 A. Section 12-28-2730(C) of the 1976 Code, as added by Act 136 of 1995, is amended to read:
10 "(C) The Department of Natural Resources must be reimbursed for engineering, design, rehabilitation, and law
11 enforcement costs incurred in the administration of the provisions of this section,. The Department of Natural Resources
12 must be reimbursed for noxious aquatic weed treatment. but funds Funds for law enforcement and noxious aquatic weed
13 treatment may not exceed one-third of revenues to the special water recreational resources fund. Funds for reimbursement
14 must be transferred from funds collected under the provisions of this section."
15
16 B. This section takes effect July 1, 1996.
17
18
19 SECTION 11
20
21 (Victim's Assistance Program/Battered Spouses & Rape Crisis) - DELETED
22
23
24 SECTION 12
25
26 TO REPEAL SECTION 11-9-60 OF THE 1976 CODE, RELATING TO CERTAIN OFFICES FURNISHING THE
27 COMPTROLLER GENERAL WITH REPORTS OF EVIDENCES OF INDEBTEDNESS DUE TO THE STATE.
28
29 A. Section 11-9-60 of the 1976 Code is repealed.
30
31 B. This section takes effect July 1, 1996.
32
33
34 SECTION 13
35
36 TO REPEAL SECTION 1-11-380 OF THE 1976 CODE, RELATING TO THE STATEWIDE VENDOR CODING
37 SYSTEM AND SECTION 1-11-390, RELATING TO THE COMPTROLLER GENERAL'S ACCUMULATION AND
38 REPORTING OF EXPENDITURE TRANSACTIONS AND HIS DETERMINATION OF THE SUMMARY LEVEL
39 FOR REPORTING UNDER THE FISCAL ACCOUNTABILITY ACT.
PART II PAGE 509
1 A. Sections 1-11-380 and 1-11-390 of the 1976 Code are repealed.
2
3 B. This section takes effect July 1, 1996.
4
5
6 SECTION 14
7
8 TO REPEAL SECTION 11-5-40 OF THE 1976 CODE, RELATING TO THE ISSUANCE OF DUPLICATE
9 RECEIPTS TO CERTAIN PERSONS.
10
11 A. Section 11-5-40 of the 1976 Code is repealed.
12
13 B. This section takes effect July 1, 1996.
14
15
16 SECTION 15
17
18 TO REPEAL SECTION 11-9-100 OF THE 1976 CODE, RELATING TO THE BUDGET AND CONTROL BOARD'S
19 AUTHORITY TO WITHHOLD APPROPRIATIONS FROM AN AGENCY FAILING TO CORRECT CERTAIN
20 DEFICIENCIES OR VIOLATIONS CITED IN INTERNAL OPERATIONS.
21
22 A. Section 11-9-100 of the 1976 Code is repealed.
23
24 B. This section takes effect July 1, 1996.
25
26
27 SECTION 16
28
29 TO AMEND SECTION 10-1-140 OF THE 1976 CODE, RELATING TO RESPONSIBILITY FOR PERSONAL
30 PROPERTY OF STATE DEPARTMENTS, AGENCIES, AND INSTITUTIONS, SO AS TO PLACE
31 RESPONSIBILITY FOR SUCH PROPERTY IN THE AGENCY HEAD REGARDLESS OF THE NUMBER OF
32 EMPLOYEES.
33
34 A. Section 10-1-140 of the 1976 Code is amended to read:
35
36 "Section 10-1-140. The head of each department, agency or institution of this State, which employs less than one
37 hundred permanent employees, shall be responsible for all personal property under his supervision and each fiscal year shall
38 submit an inventory of all such property, except expendables, to the Director of the Division of General Services no later
39 than August first of each year. The Director of the Division of General Services shall keep an accurate record of all such
40 inventories and shall make such rules and regulations as may be necessary to carry out the provisions of this paragraph.
41
42 The head of each department, agency or institution of this State, which employs more than one hundred permanent
PART II PAGE 510
1 employees, shall be is responsible for all personal property under his supervision and each fiscal year shall make an inventory
2 of all such property under his supervision, except expendables. The State Auditor shall make an audit of any such this
3 property whenever as he sees fit considers necessary or whenever when requested to do so."
4
5 B. This section takes effect July 1, 1996.
6
7
8 SECTION 17
9
10 TO AMEND THE 1976 CODE BY ADDING SECTION 8-15-65 SO AS TO REQUIRE ANNUAL APPROPRIATIONS
11 BY THE GENERAL ASSEMBLY FOR SALARY SUPPLEMENTS FOR COUNTY CLERKS OF COURT, PROBATE
12 JUDGES, SHERIFFS, REGISTERS OF MESNE CONVEYANCES, COUNTY AUDITORS, AND COUNTY
13 TREASURERS TO PROVIDE FOR THE MANNER OF PAYMENT OF THESE SUPPLEMENTS, AND TO
14 PROVIDE FOR A REDUCTION IN THE DISTRIBUTION DUE A COUNTY UNDER THE STATE AID TO
15 SUBDIVISIONS ACT WHEN A COUNTY REDUCES THE SALARY OR REDUCES THE OFFICE FUNDING FOR
16 ANY OF THESE OFFICES.
17
18 A. Chapter 15, Title 8 of the 1976 Code is amended by adding:
19
20 "Section 8-15-65. (A) The General Assembly shall appropriate annually salary supplements for the following county
21 officers:
22 (1) clerks of court;
23 (2) probate judges;
24 (3) sheriffs;
25 (4) registers of mesne conveyances;
26 (5) auditors;
27 (6) treasurers.
28 (B) The amounts appropriated for salary supplements pursuant to subsection (A) must include both salary and related
29 employer contributions and are in addition to amounts provided as compensation for these officials by counties. To the extent
30 that compensation for these officers is reduced by a county or there is any other reduction of expenditures in the operations
31 of their offices, a corresponding reduction must be made in the distribution otherwise due the county pursuant to Chapter
32 27 of Title 6, the State Aid to Subdivisions Act.
33 (C) Except as provided in subsection (B), the salary supplement must be uniform with respect to a particular county
34 officer but may vary between the different category of officers.
35 (D) Amounts appropriated for the officers listed in subsection (A)(1), (2), (3), and (4) must be paid to county treasurers
36 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
37 that salaries are paid county employees. Amounts appropriated pursuant to this section for the officers listed in subsection
38 (A)(5) and (6) must be administered by the Office of the Comptroller General and paid in accordance with the schedule and
39 method of payment provided for state employees."
40
41 B. This section takes effect July 1, 1996.
PART II PAGE 511
1 SECTION 18
2
3 TO AMEND SECTION 2-1-180 OF THE 1976 CODE, RELATING TO ADJOURNMENT OF THE GENERAL
4 ASSEMBLY, SO AS TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL
5 ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE SECOND THURSDAY IN MAY, AND PROVIDE
6 THAT IN ANY YEAR THAT THE HOUSE OF REPRESENTATIVES FAILS TO GIVE THIRD READING TO THE
7 APPROPRIATIONS BILL BY MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THE DATE OF
8 ADJOURNMENT IS EXTENDED BY ONE STATEWIDE DAY FOR EACH STATEWIDE DAY AFTER MARCH
9 FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THAT THE HOUSE FAILS TO GIVE THE BILL THIRD
10 READING.
11
12 A. Section 2-1-180 of the 1976 Code is amended to read:
13
14 "Section 2-1-180. The regular annual session of the General Assembly shall adjourn sine die each year not later than
15 5:00 p.m. on the first second Thursday in June May. In any year that the House of Representatives fails to give third reading
16 to the annual General Appropriations Bill by March thirty-first fifteenth, the date of sine die adjournment is extended by one
17 statewide day for each statewide day after March thirty-first fifteenth that the House of Representatives fails to give the bill
18 third reading. The session may also be extended by concurrent resolution adopted by a two-thirds vote of both the Senate
19 and House of Representatives. During the time between 5:00 p.m. on the first second Thursday in June May and the extended
20 sine die adjournment date, as set forth herein, no legislation or other business may be considered except the General
21 Appropriations Bill and any matters approved for consideration by a concurrent resolution adopted by two-thirds vote in both
22 houses."
23
24 B. This section is effective with respect to regular sessions of the General Assembly beginning after 1996.
25
26
27 SECTION 19
28
29 EXTENDING THE REPAYMENT SCHEDULE OF SUMS TRANSFERRED TO THE CITY OF CHARLESTON
30 FROM FUNDS SET ASIDE FOR THE PATRIOT'S POINT AUTHORITY.
31
32 Notwithstanding the provisions of Joint Resolution 586 of 1994, time for the City of Charleston to repay the remaining
33 balance due the State pursuant to that joint resolution is extended. The balance due of $400,000 must be repaid over a period
34 not less than three years in three equal annual installments with the first payment due no later than June 30, 1997. All other
35 conditions on the making and repayment of this loan provided in Joint Resolution 586 of 1994 apply with respect to this
36 extended repayment period.
37
38
39 SECTION 20
40
41 TO AMEND SECTION 59-104-20 OF THE 1976 CODE, RELATING TO THE PALMETTO FELLOWS
42 SCHOLARSHIP PROGRAM, SO AS TO DELETE THE REQUIREMENT THAT THE INSTITUTION IN WHICH
PART II PAGE 512
1 THE STUDENT IS ENROLLED SHALL PROVIDE ONE-HALF OF THE SCHOLARSHIP.
2
3 Section 59-104-20 of the 1976 Code, as added by Act 629 of 1988, is amended to read:
4
5 "Section 59-104-20. The Palmetto Fellows Scholarship Program is established to foster scholarship among the state's
6 post-secondary students and retain outstanding South Carolina high school graduates in the State through awards based on
7 scholarship and achievement. Measures must be taken to ensure equitable minority participation in this program. Recipients
8 of these scholarships are designated Palmetto Fellows. Each Palmetto Fellow shall receive a scholarship in an amount
9 designated by the Commission on Higher Education, half to be provided by the postsecondary institution at which he is
10 enrolled. The commission shall promulgate regulations and establish procedures to administer the program and request annual
11 state appropriations for the program."
12
13
14 SECTION 21
15
16 TO AMEND ACT 518 OF 1980, AS AMENDED, RELATING TO, AMONG OTHER THINGS, THE UNIVERSITY
17 OF SOUTH CAROLINA ATHLETIC FACILITIES REVENUE BONDS, SO AS TO REVISE DEFINITIONS,
18 DELETE ISSUANCE APPROVAL REQUIREMENTS BY THE STATE BUDGET AND CONTROL BOARD,
19 EXTEND THE BOND AUTHORITY TO RECONSTRUCTION, RENOVATION, AND EQUIPPING OF ATHLETIC
20 FACILITIES, CONFORM PROVISIONS TO REVISED DEFINITIONS, DELETE THE REQUIREMENT THAT ALL
21 HOME FOOTBALL GAMES BE PLAYED AT THE UNIVERSITY'S STADIUM, TO ALLOW THE ISSUE OF
22 TERM BONDS, AND DELETE SPECIFIC REQUIREMENTS RELATING TO BOND MATURITIES, TO EXTEND
23 THE TAX EXEMPTIONS OF SUCH BONDS AND DELETE AN OBSOLETE REFERENCE, TO DELETE
24 LIMITATIONS AND OBSOLETE PROVISIONS RELATING TO THE SALE OF THESE BONDS, TO MAKE
25 VOLUNTARY THE ESTABLISHMENT OF A BOND RESERVE FUND AND TO ALLOW OTHER PROCEEDS TO
26 BE CREDITED TO THE DEBT SERVICE FUND OR BOND RESERVE FUND, AND TO AUTHORIZE TRUSTEES
27 ADDITIONAL POWERS WITH RESPECT TO THE USE OF PROCEEDS OF THESE BONDS.
28 Amend Title To Conform
29
30 A. Items (2), (3), (7), and (9) of Section 9A, Act 518 of 1980, as amended by Section 2, Act 545 of 1986, are further
31 amended to read:
32
33 "(2) The term `Athletic Facilities' means all facilities designated revenue producing by the University as Athletic
34 Facilities now owned or hereafter acquired by the University for the use of which an admission fee is charged and the
35 revenues from which are pledged to the system of facilities established by this act.
36 (3) The term `Bond Reserve Fund' means the special fund to be which may be established by the trustees pursuant to
37 this act, which must be in the custody of the State Treasurer and which is primarily established for the purpose of providing
38 a reserve with which to meet the payment of the principal of and interest on bonds issued pursuant to this act in the event
39 that payments otherwise required for the Debt Service Fund are insufficient to meet the payment of the principal and interest
40 as and when they become due and payable. Monies in the Bond Reserve Fund may also may be used to pay costs of Athletic
41 Facilities in accordance with the provisions of subsections N and P of this section.
42 (7) The terms `Improvements' means:
PART II PAGE 513
1 (i) the enlargement of and improvements to Carolina Stadium including all necessary equipment paid for with
2 the proceeds of bonds or with excess funds in the Bond Reserve Fund; and or
3 (ii) improvements to any other Athletic Facilities; or
4 (iii) the acquisition, construction, reconstruction, renovation, or equipping of any other Athletic Facility.
5 (9) The term `State Board' means the South Carolina Budget and Control Board. Reserved."
6
7 B. Section 9C of Act 518 of 1980, as last amended by Section 2, Act 545 of 1986, is further amended to read:
8
9 "C. May Issue Bonds.
10 Subject to obtaining the approval of the State Board expressed by resolution duty adopted, the Trustees are authorized
11 to issue from time to time not exceeding twenty million dollars of Bonds for the purpose of acquiring, constructing,
12 reconstructing, renovating, or equipping Athletic Facilities. In the event If the Trustees, in authorizing the issuance of Bonds
13 pursuant to this section, prescribe by resolution that there must be on deposit in the Bond Reserve Fund certain sums at the
14 time of the delivery of the Bonds, the Trustees are empowered to utilize a portion of the proceeds of any series of Bonds
15 issued pursuant to this section in order to meet the requirement."
16
17 C. The penultimate paragraph of Section 9N of Act 518 of 1980, as last amended by Section 4, Act 545 of 1986, is further
18 amended to read:
19
20 "Whenever the Bond Reserve Fund, if any, exceeds the reserve required for Bonds then outstanding the Trustees are
21 empowered with the approval of the State Board to withdraw the excess and apply it to other Athletic Facilities or
22 improvements or for any other corporate purpose of the University."
23
24 D. Subsection P(1) of Section 9 of Act 518 of 1980 is amended to read:
25
26 "(1) (a) To use proceeds of the Bonds to acquire, construct, reconstruct, or renovate Athletic Facilities, to pay the
27 cost of issuance of the Bonds, to pay the cost of bond insurance and other credit enhancement and defray the cost of interest
28 accruing on the bonds for such time as determined by the Trustees.
29 (b) To covenant and agree throughout the life of the Bonds, that the Admission Fee and the Special Student Fee
30 shall must be imposed, maintained, and revised when necessary, in such amount, without limitation as to rate, as shall be
31 is sufficient to meet the payment of the principal of and interest on the Bonds as they become due, and to create the reserve,
32 if any, required by such resolutions for outstanding Bonds in the Bond Reserve Fund. The Bond Reserve Fund shall, except
33 as hereinafter provided, must be used only to meet the payment of the principal of and interest on the Bonds when moneys
34 monies in the Debt Service Fund shall be is insufficient therefor, and shall must be maintained in such a manner as to insure
35 it ensure it's availability for such purposes. Whenever the Debt Service Fund shall equal all payments of principal and
36 interest due and to become due in the then current fiscal year, and the Bond Reserve Fund, if any, shall exceed the reserve
37 prescribed for bonds then outstanding, the State Treasurer may with the approval of the Trustees and the State Board may
38 apply such excess to the defeasance of Bonds then outstanding in the manner prescribed by Section T hereof in this section."
39
40 E. Subsection P(10) of Section 9 of Act 518 of 1980, as last amended by Section 5, Act 545 of 1986, is further amended
41 to read:
PART II PAGE 514
1 "(10) To operate and maintain all Athletic Facilities in good repair and to covenant that all varsity football games of
2 the University which are `home' games, be played at Carolina Stadium."
3
4 F. Subsections G, I, L, N(2), and O of Section 9, Act 518 of 1980 are amended to read:
5
6 "G. The Bonds shall must be issued as serial or term bonds at such prices, maturing in equal or unequal amounts at
7 such times and on such occasions and shall must be in such denominations as the Trustees shall determine; provided always
8 that the last maturing Bonds of any issue shall be expressed to mature not later than twenty-five years from their date, and
9 the first maturing Bonds of any issue, shall fall due not later than three years from their date. They shall bear such rate or
10 rates of interest, payable on such occasions as the trustees shall prescribe, and shall be are payable in such medium of
11 payment, and at such place or places as such resolutions shall prescribe. Any Bonds may be issued with provisions
12 permitting their redemption prior to before their stated maturity at such time and under such conditions as the Trustees shall
13 prescribe. Bonds made subject to redemption prior to before their stated maturities may contain a provision requiring the
14 payment of a premium for the privilege of exercising the right or redemption, in such amount as the Trustees shall prescribe.
15 All Bonds that are subject to redemption shall contain a statement to that effect on the face of each Bond. Any resolution
16 authorizing redeemable Bonds shall contain provisions, specifying the manner of call for redemption and the notice thereof
17 that must be given.
18 I. The Bonds and all interest to become due thereon on them shall have the tax-exempt status prescribed by Section
19 12-1-60 of the Code of Laws of South Carolina, 1976 are exempt from all state, county, municipal, and school taxes, and
20 franchise and license fees.
21 L. All Bonds shall must be disposed of in such manner as the Trustees shall determine, except that no sale privately
22 negotiated without public advertisement, shall be made unless the approval of the State Board shall be obtained. If the
23 Trustees shall elect to sell the Bonds at public sale, at least one advertisement thereof of the sale shall appear in a financial
24 paper published in the City of New York, State of New York, or in a newspaper of general circulation in South Carolina
25 not less than seven days prior to before the occasion fixed for the opening of bids.
26 N. (2) The Trustees shall immediately may establish the Bond Reserve Fund. At the time of the issuance of any Bonds
27 pursuant to this section, the Trustees shall may prescribe by resolution the required sums which shall must be deposited and
28 maintained in the Bond Reserve Fund.
29 O. The Trustees shall be are empowered to deposit, in either the Debt Service Fund, or in the Bond Reserve Fund,
30 prior to before the issuance of any Bonds, moneys monies, derived from other sources, including funds raised by the Athletic
31 Department of the University. The Trustees further are empowered to deposit in either the Debt Service Fund or Bond
32 Reserve Fund, at any time proceeds from the sale of any athletic revenue bonds and any other athletic funds available to the
33 University. They shall also be are empowered throughout the life of the Bonds to make payments from such other sources
34 to the Debt Service Fund or into the Bond Reserve Fund. In calculating the amount or rate of the Admission Fee and Special
35 Student Fee for any year, the Trustees may take into account moneys monies then actually paid into the Debt Service Fund
36 from such other sources which are then available to meet the payment of the principal of and interest on the Bonds for such
37 fiscal year."
38
39
40 SECTION 22
41
42 TO AMEND TITLE 59 OF THE 1976 CODE, RELATING TO EDUCATION, BY ADDING CHAPTER 147
PART II PAGE 515
1 ENACTING THE HIGHER EDUCATION REVENUE BOND ACT AUTHORIZING FOUR-YEAR PUBLIC
2 INSTITUTIONS OF HIGHER EDUCATION TO ISSUE REVENUE BONDS TO FINANCE IMPROVEMENTS AND
3 EQUIPMENT AND TO PROVIDE THE TERMS AND CONDITIONS UNDER WHICH THE BONDS MAY BE
4 ISSUED.
5 Amend Title To Conform
6
7 A. Title 59 of the 1976 Code is amended by adding:
8
9 "CHAPTER 147
10
11 Higher Education
12 Revenue Bond Act
13
14 Section 59-147-10. This chapter may be cited as the Higher Education Revenue Bond Act.
15
16 Section 59-147-20. As used in this chapter:
17 (1) `board' means the board of trustees of the university;
18 (2) `equipment' means items with a useful life of at least fifteen years;
19 (3) `facilities' means the real and personal property and equipment specified in Section 59-147-20(2) of this chapter
20 whether or not the acquisition or construction thereof is financed from the proceeds of bonds issued pursuant to this chapter;
21 (4) `revenues' means the revenues derived or to be derived from the operation, sale, lease, or other disposition of the
22 facilities; and
23 (5) `university' means all research and four-year public institutions of higher education.
24
25 Section 59-147-30. Subject to the approval of the State Budget and Control Board by resolution duly adopted, the
26 university may issue revenue bonds of the university for the purpose of financing or refinancing in whole or in part the cost
27 of acquisition, construction, reconstruction, renovation and improvement of land, buildings, and other improvements to real
28 property and equipment for the purpose of providing facilities serving the needs of the university including, but not limited
29 to, dormitories, apartment buildings, dwelling houses, bookstore and other university operated stores, laundry, dining halls,
30 cafeterias, parking facilities, student recreational, entertainment and fitness related facilities, inns, conference and other
31 nondegree educational facilities and similar auxiliary facilities of the university and any other facilities which are auxiliary
32 to any of the foregoing excluding, however, athletic department projects which primarily serve varsity athletic teams of the
33 university.
34
35 Section 59-147-40. Revenue bonds issued under this chapter must be authorized by a resolution or resolutions of the
36 board of the university. The resolution of the university may, in the discretion of the board, contain provisions, which shall
37 constitute a part of the contract between the university and the several holders of the bonds, as to any of the following:
38 (1) the custody, security, use, expenditure, or application of the proceeds of the bonds including, without limitation,
39 the use of bond proceeds to pay the cost of acquisition, construction, reconstruction or renovation of facilities, expenses of
40 issuance of the bonds, interest on the bonds for such period of time as the board may determine and the cost of bond
41 insurance or other credit enhancement and to fund reserves established with respect to the bonds;
PART II PAGE 516
1 (2) the acquisition, renovation, construction, reconstruction, or completion of the facilities for which the bonds are
2 issued;
3 (3) the use, regulation, operation, maintenance, insurance, or disposition of the facilities the revenues from which are
4 pledged to secure payments with respect to the bonds or restrictions on the exercise of the powers of the board to dispose
5 of or to limit or regulate the use of such facilities;
6 (4) the payment of the principal of, redemption premium, if any, or interest on the bonds and the sources and the
7 methods of the payment, the rank or priority of the bonds as to any lien or security or the acceleration of the maturity of
8 the bonds;
9 (5) the use and disposition of the revenues including, without limitation, the pledging, setting aside, or depositing with
10 a trustee all or part of the revenues to secure the payment of the principal of, redemption premium, if any, and interest on
11 the bonds and the payment of expenses of operation and maintenance of the facilities;
12 (6) the setting aside out of bond proceeds, the revenues or other available funds of reserves or sinking funds and the
13 source, custody, security, regulation, and disposition of them;
14 (7) the determination of the revenues, subject to the provisions of Section 59-147-110 or other available funds to be
15 pledged as security for payments with respect to the bonds and for the expenses of operation and maintenance of the facilities;
16 (8) the fixing, establishment, collection, and enforcement of the rentals, fees, or other charges from students, faculty
17 members, and others using or being served by, or having the right to use or be served by, the facilities the revenues from
18 which are pledged to secure payments with respect to the bonds and the disposition and application of the revenues so
19 charged and collected;
20 (9) limitations on the issuance of additional bonds or any other obligations or the incurrence of indebtedness payable
21 from the same revenues from which the bonds are payable;
22 (10) rules to ensure the use of the facilities by students or members of the faculty of the university to the maximum
23 extent to which the building or equipment is capable of serving the students or faculty members;
24 (11) the procedure, if any, by which the terms of any covenant or contract with, or duty to, the holders of the bonds
25 may be amended or abrogated, the amount of bonds to which the holders of which must consent, and the manner in which
26 the consent may be given or evidenced; and
27 (12) any other matter or course of conduct which, by recital in the resolution or resolutions authorizing or providing
28 for the bonds, is declared to further secure the payment of the principal of or the interest on the bonds or to further the
29 purposes for which the facilities are being acquired, constructed, reconstructed, renovated, or equipped and the bonds being
30 issued.
31
32 Section 59-147-50. Revenue bonds may be issued in one or more series at such prices, may bear such date or dates,
33 may mature at such time or times, not exceeding forty years from their respective date, may bear interest at such fixed or
34 variable rate or rates, may be payable in such medium of payment and at such place or places, may be in such denomination
35 or denominations, may be in such form, either coupon or registered and either certified or uncertificated, may carry such
36 registration privileges, may be subject to such terms of redemption before maturity, with or without premium, and may
37 contain such terms, covenants, and conditions as the resolution authorizing the issuance of the bonds may provide. Except
38 as otherwise specified in the authorizing resolution, the bonds shall be fully negotiable within the meaning of and for all the
39 purposes of the Uniform Commercial Code.
40
41 Section 59-147-60. The bonds shall be exempt from all state, county, municipal, and school taxes and franchise and
42 license fees.
PART II PAGE 517
1
2 Section 59-147-70. The bonds must be signed in the corporate name of the university by the manual or facsimile
3 signature of the acting chairman of the board of the university, under the corporate seal of the university attested by the
4 manual or facsimile signature of the acting secretary of the board. Any interest coupons attached to the bonds must be signed
5 by the facsimile signatures of these officers. The bonds may be issued notwithstanding that any of the officials signing them
6 or whose facsimile signatures appear on the coupons have ceased to hold office at the time of the issue or at the time of the
7 delivery of the bonds to the purchaser.
8
9 Section 59-147-80. The bonds must be sold at public or private sale upon such terms and conditions as the board of
10 the university considers advisable.
11
12 Section 59-147-90. The board or its proper administrative officers shall file with the State Treasurer within thirty days
13 from the date of their issuance a complete description of all obligations entered into by the board, with the rates of interest,
14 maturity dates, annual payments, and all pertinent data.
15
16 Section 59-147-100. All provisions of a resolution authorizing or providing for the issuance of the bonds in accordance
17 with Section 59-147-40 and of the covenants and agreements constitute valid and legally binding contracts between the
18 university and the several holders of the bonds, regardless of the time of issuance of the bonds, and are enforceable by the
19 holder or holders by mandamus or other appropriate action, suit, or proceeding at law or in equity in any court of competent
20 jurisdiction.
21
22 Section 59-117-110. The bonds must be made payable solely from all or such portion of the revenues as the university
23 in its discretion may designate pursuant to the authorizing resolution and also from any other available funds of the university
24 designated by the university pursuant to the authorizing resolution except funds of the university derived from appropriations
25 received from the General Assembly and any tuition funds pledged to the repayment of state institution bonds. The use of
26 academic fees must be approved by the university's board. The bonds are not general obligations of the State. Neither the
27 members of the board nor any person signing the bonds shall be personally liable for the bonds. No bonds may be issued
28 pursuant to this chapter unless an identified source or sources of revenue are designated for the repayment of the bonds.
29
30 Section 59-117-120. This chapter may not be construed as allowing any research or four-year public institution of
31 higher education to issue any revenue bonds of a type not otherwise allowed by law for the particular institution as of June
32 30, 1996."
33
34 B. This section takes effect July 1, 1996.
35
36
37 SECTION 23
38
39 (Repeal Business-Ed Partnership & Business Ed Subcommittee) - DELETED
PART II PAGE 518
1 SECTION 24
2
3 TO ENACT THE "SOUTH CAROLINA CHILDREN'S EDUCATION ENDOWMENT ACT OF 1996" INCLUDING
4 PROVISIONS TO AMEND CHAPTER 143, TITLE 59 OF THE 1976 CODE, RELATING TO THE EDUCATIONAL
5 ASSISTANCE ENDOWMENT FUND, SO AS TO CHANGE THE NAME OF THE FUND TO THE CHILDREN'S
6 EDUCATION ENDOWMENT FUND, DELETE THE AUTHORITY TO ACCUMULATE MONIES IN THE FUND,
7 FURTHER PROVIDE FOR THE MANNER IN WHICH SUCH FUNDS SHALL BE USED, AND TO REQUIRE
8 THAT BEGINNING WITH THE 1996-97 FISCAL YEAR, MONIES IN THE FUND MUST BE DISTRIBUTED
9 QUARTERLY; TO AMEND TITLE 59, RELATING TO EDUCATION, BY ADDING CHAPTER 144 SO AS TO
10 PROVIDE FOR A PUBLIC SCHOOL FACILITIES ASSISTANCE PROGRAM WHICH ESTABLISHES THE
11 MANNER IN WHICH FUNDS AVAILABLE FROM THE CHILDREN'S EDUCATION ENDOWMENT FUND
12 SHALL BE USED TO CONSTRUCT AND RENOVATE PUBLIC SCHOOL FACILITIES AND FOR OTHER
13 EDUCATIONAL PURPOSES; AND TO AMEND ACT 145 OF 1995, RELATING TO THE 1995-96 GENERAL
14 APPROPRIATIONS ACT, SO AS TO REVISE THE MANNER IN WHICH FUNDS OF THE CHILDREN'S
15 EDUCATION ENDOWMENT FUND ARE DISTRIBUTED FOR FISCAL YEAR 1995-96.
16 Amend Title To Conform
17
18 A. This section is known and may be cited as the "South Carolina Children's Education Endowment Act of 1996."
19
20 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:
21
22 "CHAPTER 143
23
24 Educational Assistance
25 Children's Education Endowment Fund
26
27 Section 59-143-10. There is hereby established the South Carolina Educational Assistance Children's Education
28 Endowment Fund. The revenue received pursuant to Section 48-48-140(C) must be deposited by the State Treasurer in a
29 fund separate and distinct from the state general fund entitled the `Educational Assistance Children's Education Endowment
30 Fund'. All interest or income earned by the fund shall be retained in the fund and used for its stated purposes which are
31 to provide funding for Public School Facilities Assistance and Higher Education Scholarship Grants. It is the intent of the
32 General Assembly that in creating this endowment that its funds be managed so as to establish and fund these programs
33 permanently. Upon receipt of monies transferred to the Endowment Fund by the State Treasurer, thirty percent of these
34 monies must be allocated to Higher Education Scholarship Grants and seventy percent must be allocated to Public School
35 Facility Assistance. Earnings on each allocation shall accumulate for the benefit of that particular program. For purposes
36 of the allocation to Higher Education Scholarship Grants, the The Budget and Control Board shall distribute monies from
37 each allocation quarterly beginning with Fiscal Year 1996-97 based on actual receipts and earnings for the prior quarter of
38 that allocation. release a minimum of ten million dollars annually beginning with the 1996-97 fiscal year.
39
40 Section 59-143-20. The board in its discretion may accumulate the principal and income of each program's funds, may
41 disburse a portion or all of each program's annual or accumulated principal or income, and may for purposes of Public
42 School Facilities Assistance cause to be issued revenue bonds as provided by law the debt service on which may be paid from
PART II PAGE 519
1 that program's funds. All principal and income of each program's funds may be carried forward from fiscal year to fiscal
2 year and used for that program's purposes."
3
4 C. Title 59 of the 1976 Code is amended by adding:
5
6 "CHAPTER 144
7
8 Public School Facilities Assistance
9
10 Article 1
11
12 General Provisions
13
14 Section 59-144-10. Funds available from the Children's Education Endowment Fund, as established in Chapter 143 of
15 this title, must be used for public school facilities assistance as provided in this chapter.
16
17 Section 59-144-20. For the benefit of the people of the State and the increase of their commerce, welfare, and
18 prosperity, it is essential that the school districts of this State be assisted in obtaining adequate school facilities to assist youth
19 in achieving the required levels of learning. It is the purpose of this chapter to provide a measure of assistance to the school
20 districts of this State in securing the facilities and structures which are needed to accomplish the goals and purposes of public
21 education, all to the public benefit and good, to the extent and manner provided in this chapter.
22
23 Section 59-144-30. Funds made available through this chapter must be used for permanent school instructional facilities
24 and fixed equipment including the costs for construction, improvement, enlargement, or renovation of public school facilities.
25 The district may use its allocation for payment of debt service provided that the debt service relates to school facilities as
26 defined herein. As used in this chapter, `school facilities' only includes facilities necessary for instructional and related
27 purposes including, but not limited to, classrooms, libraries, media centers, laboratories, cafeterias, physical education
28 spaces, related interior and exterior facilities, and the conduit, wiring, and powering of hardware installations for classroom
29 computers or for area network systems. `School facilities' does not include unimproved real property, centralized district
30 administration facilities, or other facilities, including those normally identified with interscholastic sports activities.
31
32 Article 2
33
34 School Facilities Assistance Allocation
35
36 Section 59-144-100. (A) Funds made available under this chapter must be allocated annually to the school districts
37 as follows:
38 (1) sixty percent of the funds allocated annually to the several school districts for facilities' needs must be
39 allocated on a per pupil basis using the weighted pupil units of each district for the preceding year;
40 (2) forty percent must be allocated according to the preceding year's Education Finance Act (EFA) formula;
41 (3) a district's annual allotment must be the sum of the two amounts calculated as provided in this subsection.
42 Funds from a district's allotment shall be made available as needed once approval is received from the State Board of
PART II PAGE 520
1 Education pursuant to Chapter 23 of this title.
2 (B) The Department of Juvenile Justice, the Wil Lou Gray Opportunity School, the John de la Howe School, and the
3 South Carolina School for the Deaf and the Blind also shall be annually allocated funds from the Children's Education
4 Endowment Fund for facilities needs on a per pupil basis using weighted pupil units for one hundred percent of their
5 allocations. For purposes of these allocations only, all pupils of these schools are considered K-12 pupils.
6
7 Section 59-144-110. The State Board of Education shall establish and appoint a twenty-member advisory committee
8 to assist in developing guidelines, regulations, and standards pursuant to this chapter. The State Superintendent of Education
9 shall recommend members for the advisory committee which shall include individuals with backgrounds in the following
10 areas:
11 (a) capital improvements financing;
12 (b) building construction;
13 (c) school building design;
14 (d) district finances;
15 (e) district administration;
16 (f) local boards of trustees;
17 (g) classroom instruction; and
18 (h) educational facilities requirements at the primary, elementary, middle, and high school levels.
19 Members of the committee shall receive mileage, subsistence, and per diem as provided by law for members of state
20 boards, committees, and commissions to be paid from public school facilities assistance funds. The members of the advisory
21 committee shall serve at the pleasure of the State Board of Education.
22
23 Section 59-144-120. To qualify for funds under this chapter, each school district shall meet the conditions and
24 qualifications provided for in this chapter. Funds must be withheld from districts when inappropriate use of funds is
25 documented.
26
27 Section 59-144-130. By December 1, 1998, the State Board of Education shall recommend to the General Assembly
28 changes to be made to this chapter regarding program objectives, appropriate funding levels, and funding allotment
29 formulas."
30
31 D. Paragraph 72.71 of Part IB of Act 145 of 1995 is amended to read:
32
33 "72.71. (GP: Educational Assistance Children's Education Endowment Fund) Notwithstanding provisions contained
34 within this act, for this fiscal year only, the revenue credited to the Educational Assistance Children's Education Endowment
35 Fund pursuant to Section 48-47-175(C) 48-48-140(C) shall be used as follows: $7,000,000 for University of Charleston --
36 Acquisition of Adjoining Property, $4,000,000 for Greenville Higher Education Consortium, $5,400,000 for Archives and
37 History -- History Center, $600,000 for the School for the Deaf and the Blind -- Maintenance and Equipment, and $185,000
38 for Wil Lou Gray Opportunity School -- Building Maintenance with the remaining funds to be distributed on a seventy
39 percent-thirty percent basis to Public School Facilities Assistance and Higher Educational Scholarship Grants, respectively;
40 however no less than $39,400,000 shall go to Scholarship Grants."
PART II PAGE 521
1 SECTION 25
2
3 TO AMEND SECTION 14-1-200 OF THE 1976 CODE, RELATING TO THE SALARIES OF SUPREME COURT
4 JUSTICES, JUDGES OF THE COURT OF APPEALS, CIRCUIT COURT, AND FAMILY COURT, AND CIRCUIT
5 SOLICITORS, SO AS TO PROVIDE THAT CIRCUIT SOLICITORS SHALL RECEIVE A SALARY NOT LESS
6 THAN THE SALARY OF JUDGES OF THE COURT OF APPEALS AND CIRCUIT COURT JUDGES.
7
8 A. Section 14-1-200 of the 1976 Code is amended to read:
9
10 "Section 14-1-200. The General Assembly shall establish the salary of the Chief Justice and Associate Justices of the
11 Supreme Court in the annual general appropriation act and shall fix the salaries for the court of appeals, circuit court, family
12 court, and circuit solicitors according to the following schedule:
13 (1) The chief judge of the court of appeals shall receive a salary in an amount not to exceed ninety-nine percent of the
14 salary fixed for Associate Justices of the Supreme Court;
15 (2) Judges of the court of appeals and circuit court judges shall receive a salary in an amount not to exceed ninety-five
16 percent of the salary fixed for Associate Justices of the Supreme Court;
17 (3) Circuit solicitors shall receive a salary in an amount not less than the salary of judges of the court of appeals and
18 circuit court judges;
19 (4) Judges of the family court and circuit solicitors shall receive a salary in an amount not to exceed ninety percent
20 of the salary fixed for judges of the court of appeals and circuit court.
21
22 B. This section takes effect July 1, 1996.
23
24
25 SECTION 26
26
27 TO AMEND SECTION 16-3-26, AS AMENDED, OF THE 1976 CODE, RELATING TO THE NOTICE THE
28 SOLICITOR MUST GIVE TO A DEFENSE ATTORNEY WHEN HE SEEKS THE DEATH PENALTY, THE
29 APPOINTMENT OF ATTORNEYS, AND THE PROVISION OF INVESTIGATIVE, EXPERT, OR OTHER
30 SERVICES TO INDIGENT PERSONS FACING THE DEATH PENALTY, SO AS TO REVISE THE PROVISIONS
31 RELATING TO THE PAYMENT OF FEES AND EXPENSES ASSOCIATED WITH THE DEFENSE OF CERTAIN
32 INDIGENTS, AND THE QUALIFICATIONS AND APPOINTMENT OF ATTORNEYS HANDLING DEATH
33 PENALTY CASES; TO AMEND SECTION 17-3-30, AS AMENDED, RELATING TO INDIGENTS WHO HAVE
34 BEEN APPOINTED LEGAL COUNSEL, CERTAIN FEES THESE PERSONS ARE REQUIRED TO PAY FOR
35 LEGAL SERVICES, AND FUNDS SET ASIDE FOR THE DEFENSE OF INDIGENT, SO AS TO REVISE THE
36 PROCESS OF COLLECTING FEES FROM INDIGENTS WHO HAVE BEEN APPOINTED LEGAL COUNSEL;
37 TO AMEND SECTION 17-3-330, AS AMENDED, RELATING TO DUTIES OF THE OFFICE OF INDIGENT
38 DEFENSE, SO AS TO PROVIDE FOR THE DISTRIBUTION OF UNEXPENDED FUNDS AND THE
39 QUALIFICATIONS A PERSON SHALL POSSESS TO BE APPOINTED BY THE COURT AND COMPENSATED
40 BY THE DEATH PENALTY TRIAL FUND.
41 Amend Title To Conform
PART II PAGE 522
1 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
2 IB, Act 145 of 1995, is further amended to read:
3
4 "Section 16-3-26. (A) [From and after July 1, 1996, this section reads as follows:] Whenever the solicitor seeks the
5 death penalty he shall notify the defense attorney of his intention to seek such penalty at least thirty days prior to the trial
6 of the case. At the request of the defense attorney, the defense attorney shall be excused from all other trial duties ten days
7 prior to the term of court in which the trial is to be held.
8 (B) Whenever any person is charged with murder and the death penalty is sought, the court, upon determining that
9 such person is unable financially to retain adequate legal counsel, shall appoint two attorneys to defend such person in the
10 trial of the action. One of the attorneys so appointed shall have at least five years' experience as a licensed attorney and at
11 least three years' experience in the actual trial of felony cases, and only one of the attorneys so appointed shall be the Public
12 Defender or a member of his staff. In all cases where no conflict exists, the public defender or member of his staff shall
13 be appointed if qualified. If a conflict exists, the court shall then turn first to the contract public defender attorneys, if
14 qualified, before turning to the Office of Indigent Defense.
15 Notwithstanding any other provision of law, the court shall order payment of all fees and costs from funds available
16 to the Office of Indigent Defense for the defense of indigent. Any attorney appointed shall be compensated at a rate not to
17 exceed fifty dollars an hour for time expended out of court and seventy-five dollars an hour for time expended in court.
18 Compensation shall not exceed twenty-five thousand dollars and shall be paid from funds available to the Office of Indigent
19 Defense for the defense of indigent represented by court-appointed, private counsel.
20 (C) Upon a finding in ex parte proceedings that investigative, expert, or other services are reasonably necessary for
21 the representation of the defendant whether in connection with issues relating to guilt or sentence, the court shall authorize
22 the defendant's attorneys to obtain such services on behalf of the defendant and shall order the payment, from funds available
23 to the Office of Indigent Defense, of fees and expenses not to exceed twenty-five hundred dollars as the court shall deem
24 appropriate. Payment of such fees and expenses may be ordered in cases where the defendant is an indigent represented by
25 either court-appointed, private counsel or the public defender.
26 (D) Payment in excess of the hourly rates and limit in subsection (B) or (C) is authorized only if the court certifies,
27 in a written order with specific findings of fact, that payment in excess of the rates is necessary to provide compensation
28 adequate to ensure effective assistance of counsel and payment in excess of the limit is appropriate because the services
29 provided were reasonably and necessarily incurred. Upon a finding that timely procurement of such services cannot await
30 prior authorization, the court may authorize the provision of and payment for such services nunc pro tunc.
31 (E) After completion of the trial, the court shall conduct a hearing to review and validate the fees, costs, and other
32 expenditures on behalf of the defendant.
33 (F) The Supreme Court shall promulgate guidelines on the expertise and qualifications necessary for attorneys to be
34 certified as competent to handle death penalty cases.
35 (G) The Office of Indigent Defense shall maintain a list of death penalty qualified attorneys who have applied for and
36 received certification by the Supreme Court as provided for herein. In the event the court appointed counsel notifies the
37 chief administrative judge in writing that he or she does not wish to provide representation in a death penalty case, the chief
38 administrative judge shall advise the Office of Indigent Defense which shall forward a name or names to the chief
39 administrative judge for consideration. The appointment power is vested in the chief administrative judge. The Office of
40 Indigent Defense shall establish guidelines as are necessary to ensure that attorneys' names are presented to the judges on
41 a fair and equitable basis taking into account geography and previous assignments from the list. Efforts shall be made to
42 present an attorney from the area or region where the action is initiated.
PART II PAGE 523
1 (A) Whenever the solicitor seeks the death penalty he shall notify the defense attorney of his intention to seek such
2 penalty at least thirty days prior to the trial of the case. At the request of the defense attorney, the defense attorney shall
3 be excused from all other trial duties ten days prior to the term of court in which the trial is to be held.
4 (B) Whenever any person is charged with murder and the death penalty is sought, the court, upon determining that
5 such person is unable financially to retain adequate legal counsel, shall appoint two attorneys to defend such person in the
6 trial of the action. One of the attorneys so appointed shall have at least five years' experience as a licensed attorney and at
7 least three years' experience in the actual trial of felony cases, and only one of the attorneys so appointed shall be the Public
8 Defender or a member of his staff. In all cases where no conflict exists, the public defender or member of his staff shall
9 be appointed if qualified. If a conflict exists, the court shall then turn first to the contract public defender attorneys, if
10 qualified, before turning to the Office of Indigent Defense.
11 Notwithstanding any other provision of law, the court shall order payment of all fees and costs from funds available
12 to the Office of Indigent Defense for the defense of indigent. Any attorney appointed shall be compensated at a rate not to
13 exceed fifty dollars per hour for time expended out of court and seventy-five dollars per hour for time expended in court.
14 Compensation shall not exceed twenty-five thousand dollars and shall be paid from funds available to the Office of Indigent
15 Defense for the defense of indigent represented by court-appointed, private counsel.
16 (C)(1) Upon a finding in ex parte proceedings that investigative, expert, or other services are reasonably necessary for
17 the representation of the defendant whether in connection with issues relating to guilt or sentence, the court shall authorize
18 the defendant's attorneys to obtain such services on behalf of the defendant and shall order the payment, from funds available
19 to the Office of Indigent Defense, of fees and expenses not to exceed twenty thousand dollars as the court shall deem
20 appropriate. Payment of such fees and expenses may be ordered in cases where the defendant is an indigent represented
21 by either court-appointed, private counsel or the public defender.
22 (2) Court-appointed counsel seeking payment for fees and expenses shall request these payments from the Office
23 of Indigent Defense within thirty days after the completion of the case. For the purposes of this statute, exhaustion of the
24 funds shall occur if the funds administered by the Office of Indigent Defense and reserved for death penalty fees and expenses
25 have been reduced to zero. If either the Death Penalty Trial Fund or the Conflict Fund has been exhausted in a month and
26 the other fund contains money not scheduled to be disbursed in that month, then the Indigent Defense Commission must
27 transfer a sufficient amount from the fund with the positive fund balance to the fund with no balance and pay the obligation
28 to the extent possible.
29 (D) Payment in excess of the hourly rates and limit in subsection (B) or (C) is authorized only if the court certifies,
30 in a written order with specific findings of fact, that payment in excess of the rates is necessary to provide compensation
31 adequate to ensure effective assistance of counsel and payment in excess of the limit is appropriate because the services
32 provided were reasonably and necessarily incurred. Upon a finding that timely procurement of such services cannot await
33 prior authorization, the court may authorize the provision of and payment for such services nunc pro tunc.
34 (E) After completion of the trial, the court shall conduct a hearing to review and validate the fees, costs, and other
35 expenditures on behalf of the defendant.
36 (F) The Supreme Court shall promulgate guidelines on the expertise and qualifications necessary for attorneys to be
37 certified as competent to handle death penalty cases.
38 (G) The Office of Indigent Defense shall maintain a list of death penalty qualified attorneys who have applied for and
39 received certification by the Supreme Court as provided for herein. In the event the court appointed counsel notifies the chief
40 administrative judge in writing that he or she does not wish to provide representation in a death penalty case the chief
41 administrative judge shall advise the Office of Indigent Defense which shall forward a name or names to the chief
42 administrative judge for consideration. The appointment power is vested in the chief administrative judge. The Office of
PART II PAGE 524
1 Indigent Defense shall establish guidelines as are necessary to ensure that attorneys' names are presented to the judges on
2 a fair and equitable basis taking into account geography and previous assignments from the list. Efforts shall be made to
3 present an attorney from the area or region where the action is initiated.
4 (H) The payment schedule set forth herein, as amended by Act 164 of 1993, shall apply to any case for which trial
5 occurs on or after July 1, 1993.
6 (I) Notwithstanding another provision of law, only attorneys who are licensed to practice in this State and residents
7 of this State may be appointed by the Court and compensated with funds appropriated to the Death Penalty Trial Fund in
8 the Office of Indigent Defense. This proviso shall not pertain to any case in which council has been appointed on the
9 effective date of this Act.
10 (J) The Judicial Department biennially shall develop and make available to the public a list of standard fees and
11 expenses associated with the defense of an indigent person in a death penalty case."
12
13 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
14 IB, Act 145 of 1995, is further amended to read:
15
16 "Section 17-3-30. (A) A person to whom counsel has been provided shall execute an affidavit that he is financially
17 unable to employ counsel and that affidavit shall set forth all his assets. If it appears that the person has some assets but they
18 are insufficient to employ private counsel, the court, in its discretion, may order the person to pay these assets to the
19 defender corporation of the county or counties wherein he is being represented or, if a defender corporation does not exist
20 therein, to the judicial department of the State of South Carolina.
21 (B) A twenty-five dollar application fee for public defender services must be collected from every person who executes
22 an affidavit that he is financially unable to employ counsel. The person may apply to the clerk of court or other appropriate
23 official for a waiver or reduction in the application fee. If the clerk or other appropriate official determines that the person
24 is unable to pay the application fee, the fee may be waived or reduced. The clerk of court or other appropriate official shall
25 collect the application fee imposed by this section and remit the proceeds to the state fund on a monthly basis. The monies
26 must be deposited in an interest-bearing account separate from the general fund and used only to provide for indigent defense
27 services. The monies shall be administered by the Office of Indigent Defense. The monies collected pursuant to this
28 provision shall be used for the payment of court-appointed private counsel to represent indigent defendants and the fees and
29 expenses court-ordered in the defense of all indigent whether they are represented by the public defender corporation of the
30 county or court-appointed private counsel. However, each county public defender corporation shall receive an annual
31 appropriation from this fund.
32 (C) Sufficient funds shall be set aside from allocations provided for the defense of indigent to provide for adequate
33 screening of applications for indigent assistance to ensure the applicant is qualified.
34 (A) A person to whom counsel has been provided shall execute an affidavit that he is financially unable to employ
35 counsel and that affidavit shall set forth all his assets. If it appears that the person has some assets but they are insufficient
36 to employ private counsel, the court, in its discretion, may order the person to pay these assets to the defender corporation
37 of the county or counties wherein he is being represented or, if a defender corporation does not exist therein, to the Office
38 of Indigent Defense of the State of South Carolina.
39 (B) A twenty-five dollar application fee for public defender services must be collected from every person who executes
40 an affidavit that he is financially unable to employ counsel. The person may apply to the clerk of court or other appropriate
41 official for a waiver or reduction in the application fee. If the clerk or other appropriate official determines that the person
42 is unable to pay the application fee, the fee may be waived or reduced. The clerk of court or other appropriate official shall
PART II PAGE 525
1 collect the application fee imposed by this section and remit the proceeds to the state fund on a monthly basis. The monies
2 must be deposited in an interest-bearing account separate from the general fund and used only to provide for indigent defense
3 services. The monies shall be administered by the Office of Indigent Defense.
4 (C) Sufficient funds shall be set aside from allocations provided for the defense of indigent to provide for adequate
5 screening of applications for indigent assistance to ensure the applicant is qualified."
6
7 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
8 IB, Act 145 of 1995, is further amended to read:
9
10 "Section 17-3-330. (A) The Office of Indigent Defense shall:
11 (1) serve as the entity which distributes all funds appropriated by the General Assembly for the defense of indigent,
12 including funds allocated to counties pursuant to formula, funds for the defense of capital cases, and other funds appropriated
13 for these purposes;
14 (2) perform those functions provided under Section 16-3-26(G);
15 (3) serve as a resource for the compilation of accurate statistical data covering the indigent defense system in this
16 State;
17 (4) implement other duties the commission may direct; and
18 (5) report annually to the General Assembly on the indigent defense system.
19 (A) The Office of Indigent Defense shall:
20 (1) serve as the entity which distributes all funds appropriated by the General Assembly for the defense of indigent,
21 including funds allocated to counties' public defender offices pursuant to formula, funds for the defense of capital cases,
22 funds for attorney fees and expenses in non-capital cases, and other funds appropriated for these purposes;
23 (2) perform those functions provided under Section 16-3-26(G);
24 (3) serve as a resource for the compilation of accurate statistical data covering the indigent defense system in this
25 State;
26 (4) implement other duties the commission may direct; and
27 (5) report annually to the General Assembly on the indigent defense system.
28 (B) On or about June 30, 1994 and every year thereafter on that date, if the Office of Indigent Defense determines,
29 after taking into consideration all outstanding obligations against the fund for payment of attorney fees and expenses in non-
30 capital cases, that unexpended funds remain, these funds shall be rolled over into the fund for payment of attorney fees and
31 expenses in capital cases; provided however this shall occur only in the event the funds in the capital fund have been
32 exhausted at that time. This fund shall at no time exceed $2,750,000.
33 (C) Notwithstanding another provision of law, only attorneys who are licensed to practice in this State and residents
34 of this State may be appointed by the court and compensated with funds appropriated to the Death Penalty Trial Fund in the
35 Office of Indigent Defense."
36
37 D. In all criminal proceedings in circuit court where the death penalty is being sought against a defendant receiving
38 representation pursuant to Title 17, Chapter 3, the defendant must be provided with apparel, the cost of which may not
39 exceed two hundred dollars, to be provided by the Indigent Defense Fund which must be worn in court at all times unless
40 the defendant desires to wear his own apparel at his expense in which case he may do so. Other than the apparel provided
41 the defendant under this section or the apparel the defendant provides at his own expense, the State has no other obligation
42 to provide clothing or apparel for these proceedings to this defendant. The Office of Indigent Defense, in its sole discretion,
PART II PAGE 526
1 shall determine what apparel to procure for male defendants and for female defendants, but which may include jumpsuits
2 for men, pantsuits for women, or some type of outerwear to be worn over the clothing worn to court by the defendant. The
3 General Assembly, in the annual general appropriations act beginning with the year 1996-97 from funds appropriated for
4 operating expenses of the circuit court in Part I, Section 14, shall appropriate the funds to secure such wearing apparel."
5
6 E. This section takes effect July 1, 1996.
7
8
9 SECTION 27
10
11 TO PROVIDE THAT THE DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE DIVISION OF SECURITIES
12 OF THE OFFICE OF THE SECRETARY OF STATE ARE DEVOLVED UPON THE ATTORNEY GENERAL'S
13 OFFICE ON JULY 1, 1996, TO PROVIDE THAT THE ATTORNEY GENERAL SHALL ADMINISTER THE
14 SOUTH CAROLINA UNIFORM SECURITIES ACT AND SHALL SERVE EX OFFICIO AS THE SECURITIES
15 COMMISSIONER, TO PROVIDE THAT ALL PERSONNEL, APPROPRIATIONS, AND FULL-TIME
16 EQUIVALENT POSITIONS OF THE DIVISION OF SECURITIES ALSO SHALL BE TRANSFERRED TO THE
17 ATTORNEY GENERAL'S OFFICE ON JULY 1, 1996; TO AMEND THE 1976 CODE BY ADDING SECTION
18 35-1-220 SO AS TO ALLOW THE ATTORNEY GENERAL TO RETAIN A PORTION OF FEES AND PROCEEDS
19 IN SETTLEMENT OF VIOLATIONS TO OFFSET COSTS OF ADMINISTERING THE UNIFORM SECURITIES
20 ACT; AND TO AMEND SECTIONS 35-1-20 AND 35-1-30 OF THE 1976 CODE, RELATING TO THE UNIFORM
21 SECURITIES ACT, SO AS TO REFLECT THE ATTORNEY GENERAL AS BEING THE SECURITIES
22 COMMISSIONER WHO SHALL ADMINISTER THE ACT.
23
24 A. The duties, functions, and responsibilities of the Division of Securities of the office of the Secretary of State are hereby
25 devolved upon the Attorney General's office on July 1, 1996. All personnel, appropriations, and full-time equivalent
26 positions of the Division of Securities also shall be transferred to the Attorney General's office on July 1, 1996.
27
28 B. The Attorney General shall administer the South Carolina Uniform Securities Act as contained in Chapter 1 of Title 35
29 of the 1976 Code and shall serve ex officio as the Securities Commissioner.
30
31 C. Article 1, Chapter 1, Title 35 of the 1976 Code is amended by adding:
32
33 "Section 35-1-220. (A) Fee revenues collected pursuant to this chapter in excess of such revenues credited to the
34 general fund of the State in Fiscal Year 1995-96 may be retained by the Attorney General and used for the operations of the
35 Securities Division.
36 (B) The Attorney General may retain the first two hundred fifty thousand dollars received by the Division of Securities
37 in a fiscal year in settlement of litigation enforcement action and reimbursements of expenses arising from violations under
38 this chapter to offset investigative, prosecutive, and administrative costs of enforcing this chapter."
39
40 D. Section 35-1-20(1) of the 1976 Code is amended to read:
41
42 "(1) `Securities Commissioner' means Secretary of State Attorney General, who shall be ex officio Securities
PART II PAGE 527
1 Commissioner."
2
3 E. Section 35-1-30 of the 1976 Code is amended to read:
4
5 "Section 35-1-30. This chapter shall be administered by the Secretary of State Attorney General, who shall be ex
6 officio the Securities Commissioner and who may employ such additional assistants at such salaries as may be authorized
7 by the General Assembly."
8
9 F. This section takes effect July 1, 1996.
10
11
12 SECTION 28
13
14 TO PROVIDE THAT THE DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE DIVISION OF PUBLIC
15 CHARITIES OF THE OFFICE OF THE SECRETARY OF STATE ARE DEVOLVED UPON THE ATTORNEY
16 GENERAL'S OFFICE ON JULY 1, 1996; TO TRANSFER ALL PERSONNEL, APPROPRIATIONS, AND
17 FULL-TIME EQUIVALENT POSITIONS OF THE DIVISION OF PUBLIC CHARITIES TO THE ATTORNEY
18 GENERAL'S OFFICE ON JULY 1, 1996; TO PROVIDE THAT THE ATTORNEY GENERAL SHALL
19 ADMINISTER THE "SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT"; AND TO AMEND
20 SECTIONS 33-56-20, 33-56-30, 33-56-40, 33-56-50, 33-56-60, 33-56-70, 33-56-80, 33-56-90, 33-56-100, 33-56-110,
21 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
22 THE SOLICITATION OF CHARITABLE FUNDS, SO AS TO DELETE REFERENCES TO THE SECRETARY OF
23 STATE AND REFLECT THE ATTORNEY GENERAL AND HIS OFFICE AS THE OFFICIAL AND THE AGENCY
24 TO ADMINISTER THE PROVISIONS OF THE "SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS
25 ACT" AND TO ALLOW THE ATTORNEY GENERAL TO RETAIN A PORTION OF ADMINISTRATIVE FINES
26 TO OFFSET THE EXPENSES OF ENFORCEMENT.
27 Amend Title To Conform
28
29 A. The duties, functions, and responsibilities of the Division of Public Charities of the office of the Secretary of State are
30 devolved upon the Attorney General's office on July 1, 1996. All personnel, appropriations, and full-time equivalent
31 positions of the Division of Public Charities also are transferred to the Attorney General's office on July 1, 1996.
32
33 B. The Attorney General shall administer the "South Carolina Solicitation of Charitable Funds Act" as contained in Chapter
34 56 of Title 33 of the 1976 Code.
35
36 C. Section 33-56-20 of the 1976 Code, as added by Act 461 of 1994, is amended by deleting:
37
38 "(5) `Secretary' means the Secretary of State."
39
40 D. Section 33-56-30 of the 1976 Code, as added by Act 461 of 1994, is amended to read:
41
42 "Section 33-56-30. Except as otherwise provided in this chapter, every charitable organization which intends to solicit
PART II PAGE 528
1 contributions within this State or have contributions solicited on its behalf shall file a registration statement with the secretary
2 Attorney General on forms prescribed by the secretary Attorney General by July first of each year but in all cases prior to
3 solicitation. It is the duty of the chief executive officer or chief financial officer of each charitable organization to file the
4 statements required under this chapter. The statements must be sworn to and contain:
5 (1) the name of the organization;
6 (2) the purpose for which it was organized;
7 (3) the principal address of the organization and the address of any offices in this State. If the organization does not
8 maintain an office, the name and address of the person having custody of its financial records;
9 (4) the names and addresses of the chief executive officer and chief financial officer;
10 (5) the names and addresses of any chapters, branches, or affiliates in this State;
11 (6) the place and date the organization was legally established, the form of its organization, and a reference to any
12 determination of its tax exempt status under the Internal Revenue Code;
13 (7) whether the organization intends to use professional solicitors or hire individuals to solicit;
14 (8) whether it is certified as a tax exempt organization and is authorized by any other governmental authority in this
15 State to solicit contributions;
16 (9) whether it is or has ever been enjoined by any court from soliciting contributions; and
17 (10) the general purpose for which the contributions to be solicited shall be used.
18 The registration forms and other documents prescribed by the Secretary of State Attorney General must be signed by
19 the chief executive officer and chief financial officer of the charitable organization and certified as true. Every charitable
20 organization which submits a registration to the secretary Attorney General must pay an annual registration fee of fifty
21 dollars."
22
23 E. Section 33-56-40 of the 1976 Code, as added by Act 461 of 1994, is amended to read:
24
25 "Section 33-56-40. The Children's Trust Fund of South Carolina as established by Section 20-7-5010 is required to
26 register with the Secretary of State Attorney General but is not required to pay the annual registration fee provided for in
27 Section 33-56-30."
28
29 F. Section 33-56-50 of the 1976 Code, as added by Act 461 of 1994, is amended to read:
30
31 "Section 33-56-50. The following are not required to file registration statements with the Secretary of State Attorney
32 General, provided none of its fund-raising activities are carried on by professional solicitors:
33 (1) an educational institution which solicits contributions only from its students and their families, alumni, faculty,
34 friends and other constituencies, trustees, corporations, foundations, and individuals who are interested in and supportive
35 of the programs of the institution;
36 (2) persons requesting contributions for the relief of an individual specified by name at the time of the solicitation when
37 all of the contributions collected without any deductions of any kind are turned over to the named beneficiary for his use,
38 provided that a person soliciting the contributions is not a named beneficiary;
39 (3) charitable organizations which do not intend to solicit nor receive contributions from the public in excess of five
40 twenty thousand dollars during a calendar year or do not receive contributions from more than ten persons during a calendar
41 year, if all of their functions, including fund-raising activities, are carried on by persons who are unpaid for their services
42 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
PART II PAGE 529
1 from the public, whether all of the contributions are or are not received by a charitable organization during any calendar
2 year, are in excess of five twenty thousand dollars, within thirty days after the date the contributions exceed five twenty
3 thousand dollars, it must register with and report to the department as required by this chapter;
4 (4) organizations which solicit exclusively to their members, including utility cooperatives; and
5 (5) any veteran's organization which has a congressional charter.
6 Any charitable organization claiming to be exempt from the registration provisions of this chapter and which will or
7 does solicit charitable contributions shall submit annually to the secretary Attorney General on forms to be prescribed by the
8 secretary Attorney General, the name, address, and purpose of the organization and a statement setting forth the reason for
9 the claim for exemption. If exempted, the secretary Attorney General or his appropriate division shall issue a letter of
10 exemption which may be exhibited to the public. No filing fee is required of an exempt organization.
11
12 G. Section 33-56-60 of the 1976 Code, as added by Act 461 of 1994, is amended to read:
13
14 "Section 33-56-60. (A) Each charitable organization soliciting funds in this State and not exempt under Section
15 33-56-50, whether individually or collectively with other organizations, shall file a report of its financial activities, on forms
16 prescribed by the Secretary of State Attorney General, certified to be true by the chief executive officer and the chief
17 financial officer of it, in the office of the Secretary of State Attorney General. The report must cover the preceding fiscal
18 year and must be filed within two and one-half months of the close of the organization's fiscal year unless a written extension
19 has been granted by the secretary Attorney General.
20 The report must include:
21 (1) specific and itemized support and revenue statements disclosing direct public support from solicitation, indirect
22 public support, government grants, program service revenue, and any other revenue. The report must disclose the amount
23 of direct public support received from direct mail solicitation, telephone solicitation, commercial co-venturers, door-to-door
24 solicitations, telethons, and all other itemized sources;
25 (2) specific and itemized expense statements disclosing program services, public information expenditures,
26 fund-raising costs, payments to affiliates, management costs, and salaries paid; and
27 (3) balance sheet disclosures containing total assets and liabilities.
28 (B) However, if a charitable organization is required to file Internal Revenue Service Form 990 with the Internal
29 Revenue Service, the organization may file such form with the secretary Attorney General in lieu of the report required under
30 subsection (A) of this section, provided that the form may exclude such information which the Internal Revenue Service
31 would not release pursuant to a Freedom of Information request.
32 (C) An organization failing to file the report required by this section may be enjoined from further solicitation of funds
33 in this State in an action brought by the Attorney General or secretary. An organization failing to file a timely report
34 required by this section may be assessed by the secretary Attorney General administrative fines not to exceed two thousand
35 dollars."
36
37 H. Section 33-56-70 of the 1976 Code, as added by Act 461 of 1994, is amended to read:
38
39 "Section 33-56-70. Every contract or agreement between professional fund-raising counsel or professional solicitor and
40 a charitable organization must be in writing and filed with the Secretary of State Attorney General within ten days after the
41 contract is made. Every agreement or written statement of the nature of the arrangement to prevail in the absence of a
42 contract between a professional fund-raising counsel or solicitor and a charitable organization must be filed with the Secretary
PART II PAGE 530
1 of State Attorney General within ten days after the contract or written agreement is made. Every contract filed under this
2 section must disclose the amount of compensation the professional fund-raising counsel or solicitor will receive, or if there
3 is no flat fee, the percentage of collected revenues the professional fund-raising counsel or solicitor will receive. Every
4 contract or agreement filed under this section must disclose the name and residence address of each person directing or
5 supervising the conduct of services. Every contract or agreement filed under this section and involving telephone solicitation
6 must disclose the location and telephone numbers from which the soliciting will be conducted.
7 Within ninety days after a solicitation campaign has been completed, and on the anniversary of the commencement of
8 a solicitation campaign lasting more than one year, the professional solicitor or the charitable organization must file with the
9 secretary Attorney General a joint financial report for the campaign, including gross revenue and an itemization of expenses.
10 The report must be completed on a form prescribed by the secretary Attorney General and signed by an authorized official
11 of the paid solicitor or an authorized official from the charitable organization and certified to be true.
12 A professional fund-raising counsel, professional solicitor, or charitable organization failing to comply with this section
13 is liable for an administrative fine not to exceed ten dollars for each day of noncompliance, with a maximum fine under each
14 nonregistered agreement of two thousand dollars."
15
16 I. Section 33-56-80 of the 1976 Code, as added by Act 461 of 1994, is amended to read:
17
18 "Section 33-56-80. Registration statements and applications, reports, professional fund-raising counsel contracts or
19 professional solicitor contracts, and all other documents and information required to be filed under this chapter or by the
20 Secretary of State Attorney General are public records in the office of the Secretary of State Attorney General and are open
21 to the general public for inspection at such time and under such conditions as the secretary Attorney General may prescribe.
22 The secretary Attorney General shall publish and make available to the public and to persons subject to this chapter
23 explanatory information concerning this chapter, the duties imposed by this chapter, and the means for enforcing this
24 chapter."
25
26 J. Section 33-56-90(4) of the 1976 Code, as added by Act 461 of 1994, is amended to read:
27
28 "(4) Upon request, a professional solicitor shall display or deliver to the solicited party a copy of his registration
29 certification from the secretary Attorney General."
30
31 K. Section 33-56-100 of the 1976 Code, as added by Act 461 of 1994, is amended to read:
32
33 "Section 33-56-100. In accordance with the regulations promulgated by the secretary Attorney General, every
34 charitable organization and professional fundraiser subject to the provisions of this chapter shall keep the true fiscal records
35 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
36 to which they relate."
37
38 L. Section 33-56-110 of the 1976 Code, as added by Act 461 of 1994, is amended to read:
39
40 "Section 33-56-110. No person shall act as a professional fund-raising counsel or professional solicitor for a charitable
41 organization subject to the provisions of this chapter, unless he has first registered with the Secretary of State Attorney
42 General. Applications for registration must be in writing under oath or affirmation in the form prescribed by the Secretary
PART II PAGE 531
1 of State Attorney General and contain that information as the Secretary of State Attorney General may require. The
2 application for registration by professional fund-raising counsel or professional solicitor must be accompanied by an annual
3 fee of fifty dollars.
4 At the time of making application, professional solicitors shall file with and have approved by the Secretary of State
5 Attorney General a surety bond in which the applicant or his employer shall be the principal obligor in the sum of fifteen
6 thousand dollars with one or more sureties satisfactory to the Secretary of State Attorney General, whose liability in the
7 aggregate as such sureties will at least equal that sum and maintain the bond in effect so long as a registration is in effect.
8 However, a deposit of cash in the amount of fifteen thousand dollars may be accepted in lieu of the bond. The bond shall
9 run to the State of South Carolina for the use of the secretary Attorney General or his appropriate division and any person
10 who may have a cause of action against the obligor of the bonds for losses resulting from malfeasance, nonfeasance, or
11 misfeasance in the conduct of solicitation activities. A partnership or corporation which is a professional solicitor may file
12 a consolidated bond on behalf of all its members, officers, and employees.
13 Each registration is valid throughout the State for one year and may be renewed for additional one-year periods upon
14 written application under oath in the form prescribed by the Secretary of State Attorney General and the payment of the fee
15 prescribed in this chapter.
16 Professional fundraisers or professional fund-raising counsel who fail to comply with the provisions of this section are
17 liable for an administrative fine not to exceed ten dollars for each day of noncompliance, with a maximum fine under this
18 paragraph of two thousand dollars."
19
20 M. Section 33-56-120(2) of the 1976 Code, as added by Act 461 of 1994, is amended to read:
21
22 "(2) No charitable organization, professional fund-raising counsel, or professional solicitor shall use or exploit the fact
23 of registration so as to lead the public to believe that the registration in any way constitutes an endorsement or approval by
24 the State. However, the use of the following statement is not considered a prohibited exploitation: 'Registered with the
25 Secretary of State Attorney General as required by law. Registration does not imply endorsement of a public solicitation for
26 contributions.' "
27
28 N. Section 33-56-130 of the 1976 Code, as added by Act 461 of 1994, is amended to read:
29
30 "Section 33-56-130. If any charitable organization, professional fund-raising counsel, or professional solicitor soliciting
31 contributions from people in this State and having a principal place of business outside the State, or organized under and by
32 virtue of the laws of a foreign state, is subject to the provisions of this chapter and does not otherwise appoint a registered
33 agent for service of process, then that charitable organization, professional fund-raising counsel, or professional solicitor is
34 considered to have irrevocably appointed the secretary Attorney General as an agent upon whom may be served summons,
35 subpoena, subpoena duces tecum, or other process directed to the charitable organization, professional fund-raising counsel,
36 or professional solicitor or any partner, principal officer, or director of it in any action or proceeding brought under the
37 provisions of this chapter. Service of process upon the secretary Attorney General must be made by delivering to and leaving
38 with him personally a copy thereof at the office of the secretary Attorney General and the service shall be sufficient service,
39 provided, that notice of the service and a copy of the process are sent by the secretary Attorney General to the charitable
40 organization, professional fund-raising counsel, or professional solicitor, by registered or certified mail with return receipt
41 requested, at the address set forth in the registration form required to be filed with the secretary Attorney General pursuant
42 to this chapter or, in default of the filing of such form, at the last address known to the secretary Attorney General. Service
PART II PAGE 532
1 of the process is complete ten days after the receipt by the secretary Attorney General of a return receipt purporting to be
2 signed by the addressee or a person qualified to receive the registered or certified mail, in accordance with the accepted
3 practices of the United States Postal Service, or, if acceptance was refused by the addressee, ten days after the return to the
4 secretary Attorney General of the original envelope bearing a notation by the postal authorities that receipt thereof was
5 refused."
6
7 O. Section 33-56-140 of the 1976 Code, as added by Act 461 of 1994, is amended to read:
8
9 "Section 33-56-140. (1) Upon his own motion or upon complaint of any person, the secretary Attorney General may
10 investigate any charitable organization, professional fund-raising counsel, or professional solicitor to determine whether the
11 charitable organization, professional fund-raising counsel, or professional solicitor has violated the provisions of this chapter
12 or has filed an application or other information required under this chapter which contains false or misleading statements.
13 The secretary Attorney General may subpoena persons and require the production of books, papers, and other documents
14 to aid in the investigation of alleged violations of this chapter.
15 (2) If any charitable organization, professional fund-raising counsel, or professional solicitor fails to file a registration
16 application, statement, report, or other information required to be filed with the secretary Attorney General under this
17 chapter, or violates the provisions of this chapter, the secretary Attorney General shall notify the delinquent charitable
18 organization, professional fund-raising counsel, or professional solicitor of this fact by mailing a notice by registered or
19 certified mail, with return receipt requested, to its last known address. If the required registration application, statement,
20 annual report, assurance of voluntary compliance, or other information is not filed or if the existing violation is not
21 discontinued within fifteen days after the formal notification or receipt of the notice, the secretary Attorney General may
22 assess an administrative fine not to exceed two thousand dollars against the delinquent organization.
23 (3) In addition to all other actions authorized by law, the secretary or Attorney General, if they have he has reason
24 to believe that one or more of the following acts or violations listed below has occurred, may bring an action to enjoin the
25 charitable organization, professional fund-raising counsel, professional solicitor, or other person from continuing the act or
26 violation, doing any other acts in furtherance of it, and for such other relief as to the court considers appropriate:
27 (a) a person is knowingly and wilfully operating in violation of the provisions of this chapter;
28 (b) a person has knowingly and wilfully made any false statement in any registration application, statement, report,
29 or other information required to be filed by this chapter;
30 (c) a person has failed to file a registration statement or financial report required by this chapter;
31 (d) a person is employed or is about to be employed in any solicitation or collection of contributions any device,
32 scheme, or artifice to defraud or to obtain money or property by means of false pretense, representation, or promise;
33 (e) the officers or representatives of a charitable organization, professional fund-raising counsel, or professional
34 solicitor have refused or failed after notice to produce any records of the organization; or
35 (f) whenever the funds raised by solicitation activities are not devoted or will not be devoted to the charitable
36 purposes of the charitable organization.
37 (4) In addition to the provisions of subsection (3), any person who knowingly and wilfully violates the provisions of
38 this chapter or who knowingly and wilfully gives false or incorrect information to the secretary Attorney General in filing
39 statements or reports required by this chapter, is guilty of a misdemeanor and, upon conviction, for a first offense shall be
40 fined not more than one thousand dollars or be imprisoned for not more than thirty days, and for a second or any subsequent
41 offense shall be fined not more than five thousand dollars or be imprisoned for not more than one year, or both.
42 (5) Any registration application, statement, report, or other information required to be filed with the Secretary of State
PART II PAGE 533
1 Attorney General under this chapter by a charitable organization, professional fund-raising counsel, or professional solicitor
2 which contains false or misleading statements may be rejected by the secretary Attorney General and returned to the
3 submitting party without being filed.
4 (6) If a person is assessed an administrative fine under this chapter, the person has thirty days to pay the fine. After
5 thirty days, the secretary Attorney General shall give the delinquent person thirty days' notice that he will seek to enjoin the
6 activities of the person. Before the secretary Attorney General seeks an injunction, the person may pay the fines or request
7 a hearing before the secretary Attorney General. A person who fails to remit fines after the required notice is given may
8 be enjoined from engaging in further charitable solicitation activities until the fine is paid. A person assessed a fine may
9 request an evidentiary hearing before the secretary Attorney General. A person may appeal an adverse ruling by the
10 secretary Attorney General to the circuit court. An appeal to the circuit court shall be governed by the standard of review
11 provided in the Administrative Procedures Act and the case law interpreting that provision.
12 (7) The secretary Attorney General may exercise the authority granted in this section against a person who operates
13 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
14 in fact an organization entitled to such an exemption."
15
16 P. Section 33-56-150 of the 1976 Code, as added by Act 461 of 1994, is amended to read:
17
18 "Section 33-56-150. There shall be in the office of the Secretary of State Attorney General a Division of Public
19 Charities which, under the direction and control of the secretary Attorney General, shall perform the duties imposed upon
20 it by the provisions of this chapter. The executive and administrative head of the division shall be the Director of Public
21 Charities designated by the secretary Attorney General."
22
23 Q. Section 33-56-160 of the 1976 Code, as added by Act 461 of 1994, is further amended to read:
24
25 "Section 33-56-160. All The first two hundred thousand dollars in administrative fines fine revenue imposed received
26 pursuant to this chapter in a fiscal year may be retained by the Attorney General to offset the expenses of enforcing this
27 chapter. All administrative fines collected pursuant to this chapter in excess of two hundred thousand dollars in a fiscal year
28 must be transmitted to the State Treasurer and deposited in the state general fund. All fees collected under this chapter must
29 be transmitted to the State Treasurer and deposited in a fund separate and distinct from the state general fund and used by
30 the Secretary of State Attorney General for the purpose of administering the provisions of this chapter."
31
32 R. Section 33-56-190 of the 1976 Code, as added by Act 461 of 1994, is amended to read:
33
34 "Section 33-56-190. The secretary Attorney General may enter into agreements with the appropriate authority of any
35 other state for the purpose of exchanging information with respect to charitable organizations, professional fund-raising
36 counsel, and professional solicitors."
37
38 S. This section takes effect July 1, 1996.
PART II PAGE 534
1 SECTION 29
2
3 TO AMEND THE 1976 CODE BY ADDING SECTION 23-6-60 SO AS TO PROVIDE THAT REVENUES
4 COLLECTED BY THE DEPARTMENT OF PUBLIC SAFETY MUST BE CREDITED TO A SEPARATE FUND IN
5 THE STATE TREASURY FOR THE USE OF THE DEPARTMENT, TO PROVIDE FOR TRANSITION FUNDING,
6 TO PROVIDE AN UNLIMITED CARRY FORWARD, AND TO ESTABLISH THE DEPARTMENT'S FUNDING AS
7 AN ANNUAL BASE APPROPRIATION BY THE GENERAL ASSEMBLY.
8
9 A. Article 1, Chapter 6, Title 23 of the 1976 Code is amended by adding:
10
11 "Section 23-6-60. Notwithstanding any other provision of law, all revenues collected by the department or on behalf
12 of the department must be deposited into a special separate account in the State Treasury to the credit of the department for
13 its operations. The State Treasurer is authorized to credit to the account of the department those funds as may be necessary
14 for the operation of the department until the time revenues are adequate to cover these costs. The department is allowed to
15 carry forward unexpended balances in the fund from one fiscal year to the next to be used for general operation purposes.
16 Base appropriations for the department must be approved by the General Assembly for the fiscal year in the annual General
17 Appropriations Act."
18
19 B. This section takes effect July 1, 1996.
20
21
22 SECTION 30
23
24 TO AMEND THE 1976 CODE BY ADDING SECTION 23-6-35 SO AS TO PROVIDE THAT THE DEPARTMENT
25 OF PUBLIC SAFETY MAY CHARGE AND COLLECT FEES IN ACCORDANCE WITH SECTION 30-4-30 OF THE
26 FREEDOM OF INFORMATION ACT FOR PROVIDING COPIES OF CERTAIN RECORDS MAINTAINED BY
27 THE DEPARTMENT AND TO PROVIDE FOR THE USE OF REVENUES GENERATED BY THIS PROVISION.
28
29 A. Article 1, Chapter 6, Title 23 of the 1976 Code is amended by adding:
30
31 "Section 23-6-35. The department may charge and collect fees in accordance with Section 30-4-30 of the Freedom of
32 Information Act for providing copies of registration, title, and driver's license information records maintained by the
33 department.
34 Revenue generated from this provision which is above the Board of Economic Advisors' revenue estimate of
35 $107,198,073 for Fiscal Year 1996-97 pursuant to Section 23-6-60 must be set aside in a special account to fund a new class
36 of troopers."
37
38 B. This section takes effect July 1, 1996.
39
40 SECTION 31
41
42 (DPS Release of Motor Vehicle Record Information) - DELETED
PART II PAGE 535
1
2 SECTION 32
3
4 (Property Tax Growth Restraint) - DELETED
5
6
7 SECTION 33
8
9 TO AMEND SECTION 11-11-330 OF THE 1976 CODE, RELATING TO THE STATE PROPERTY TAX RELIEF
10 FUND, SO AS TO PROVIDE FOR A SPECIFIC REIMBURSEMENT TO SCHOOL DISTRICTS FOR REVENUES
11 LOST TO THE HOMESTEAD EXEMPTION; AND TO AMEND SECTION 12-37-251, RELATING TO THE
12 HOMESTEAD PROPERTY TAX EXEMPTION FROM SCHOOL OPERATING TAXES, SO AS TO PROVIDE FOR
13 AN EXEMPTION AMOUNT OF ONE HUNDRED THOUSAND DOLLARS OF FAIR MARKET VALUE AND
14 USING A BASE YEAR MILLAGE RATE EQUAL TO THE SCHOOL OPERATING MILLAGE FOR THE 1996-97
15 SCHOOL YEAR.
16 Amend Title To Conform
17
18 A. Section 11-11-330 of the 1976 Code, as added by Act 145 of 1995, is amended to read:
19
20 "Section 11-11-330. Funds credited to the `State Property Tax Relief Fund' must be used to provide property tax relief
21 in the manner prescribed in Section 12-37-251. The General Assembly shall appropriate an amount sufficient to reimburse
22 sums equal to the amount of taxes that were not collected for the local government school districts by reason of the exemption
23 provided in Section 12-37-251."
24
25 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:
26
27 "(A) Except as provided in subsection (F), an amount equal to one hundred thousand dollars of the fair market value
28 of property classified pursuant to Section 12-43-220(c) is exempt from property taxes levied for other than base year school
29 operations. The exemption does not extend to school taxes levied for bonded indebtedness and payments pursuant to
30 lease-purchase agreements for capital construction. The exemption applies against millage imposed for school operations
31 and the amount of fair market value of the homestead that is exempt from such millage must be set by the Director of the
32 Department of Revenue and Taxation based on the amount available in the State Property Tax Relief Fund. The applicable
33 millage to calculate the exemption is the school operating millage imposed for the 1996-97 school year. This 1996-97 millage
34 is the base year millage for purposes of this exemption for succeeding property tax years. However, in years in which the
35 values resulting from a countywide reassessment and equalization program are implemented, the base year millage must be
36 adjusted to an equivalent millage rate in the manner that the Department of Revenue and Taxation shall prescribe.
37 (B) Taxing entities School districts must be reimbursed, in the manner provided in Section 12-37-270, for the revenue
38 lost as a result of the homestead exemption provided in this section except that ninety percent of the reimbursement must
39 be paid in the last quarter of the calendar year."
40
41 C. This section applies for property tax years beginning after 1995.
PART II PAGE 536
1 SECTION 34
2
3 TO AMEND SECTION 59-145-20 OF THE 1976 CODE, RELATING TO FUNDING SINGLE-GENDER
4 EDUCATIONAL OFFERINGS, SO AS TO PROHIBIT THE COMMISSION ON HIGHER EDUCATION FROM
5 REQUIRING A CHANGE TO A COURT-APPROVED, SINGLE-GENDER EDUCATIONAL PROGRAM WHICH
6 WOULD HINDER A SUBSTANTIVELY COMPARABLE OUTCOME; AND TO AMEND ACT 145 OF 1995,
7 RELATING TO THE GENERAL APPROPRIATIONS ACT, SO AS TO REVISE THE EFFECTIVE PROVISION
8 RELATING TO SINGLE-GENDER EDUCATION AND TO DESIGNATE CERTAIN PROVISIONS OF THE ACT
9 AS CHAPTER 145, TITLE 59.
10
11 A. Section 59-145-20 of the 1976 Code, as added by Section 95B, Part II, Act 145 of 1995, is amended to read:
12
13 "Section 59-145-20. The General Assembly shall annually shall provide such funding as may be necessary, under the
14 auspices of the Commission on Higher Education, to establish and maintain approved single-gender educational offerings;
15 however, the commission may not require a change to a court-approved, single-gender educational program which would
16 hinder the program's ability to produce a substantively comparable outcome."
17
18 B. Section 95C, Part II of Act 145 of 1995 is amended to read:
19
20 "C. This section takes effect upon approval of this act by the Governor, but shall be is void and of no effect if the
21 United States Supreme Court issues a ruling which reverses the holding in U.S. v. Commonwealth of Virginia, 44 F.3d 1229,
22 1232, 1238 (4th Cir. 1995) prohibits a state from funding any single-gender educational program."
23
24 C. Sections 95A and 95B, Part II, Act 145 of 1995 are designated as Sections 59-145-10 and 59-145-20 of the 1976 Code,
25 respectively, and further are designated as Chapter 145 of Title 59 of the 1976 Code entitled `Single-Gender College'.
26
27
28 SECTION 35
29
30 TO AMEND SECTION 1-19-70 OF THE 1976 CODE, RELATING TO THE OFFICERS AND EMPLOYEES OF THE
31 STATE REORGANIZATION COMMISSION, SO AS TO REFERENCE ITS FUNCTIONS UNDER THE
32 COMPLIANCE REVIEW ACT OF 1988 AND DELETE REFERENCES TO OTHER AUTHORITY OF THE
33 COMMISSION EFFECTIVE JANUARY 1, 1997; TO AMEND SECTION 2-65-70, RELATING TO INDIRECT COST
34 RECOVERY, SO AS TO DELETE A REFERENCE TO THE JOINT APPROPRIATIONS REVIEW COMMITTEE;
35 TO REPEAL SECTIONS 1-19-10 THROUGH 1-19-50 AND 1-19-80 THROUGH 1-19-270, ALL RELATING TO THE
36 FUNCTIONS OF THE STATE REORGANIZATION COMMISSION EFFECTIVE JANUARY 1, 1997; TO REPEAL
37 CHAPTERS 39, 43, 47, 53, 55, 68, AND 73 OF TITLE 2, CHAPTER 21 OF TITLE 51, ALL RELATING TO
38 VARIOUS STUDY COMMITTEES; AND TO REPEAL SECTIONS 2-65-20 THROUGH 2-65-60 AND 2-65-80
39 THROUGH 2-65-120, RELATING TO THE JOINT APPROPRIATIONS REVIEW COMMITTEE EFFECTIVE
40 JANUARY 1, 1997.
41 Amend Title To Conform
PART II PAGE 537
1 A. Section 1-19-70 of the 1976 Code is amended to read:
2
3 "Section 1-19-70. The Commission shall elect from its membership a chairman, a vice-chairman and a secretary and
4 shall appoint such technical, administrative, clerical and other employees as may be deemed by it to be considers necessary
5 to carry on its functions under the provisions of Chapter 22 of this title. A majority of the commission shall constitute a
6 quorum. No plan of reorganization may be submitted unless such plan shall have the affirmative vote of not less than seven
7 members of the Commission."
8
9 B. Section 2-65-70(a)(1) of the 1976 Code is amended to read:
10
11 "(1) Each agency receiving grants or contracts to which indirect costs may be charged must have an approved indirect
12 cost rate or cost allocation plan. Agencies must prepare the indirect cost proposals and submit them to the Governor for
13 review. The Governor must submit the proposals to the appropriate federal agencies, negotiate the agreements, and transmit
14 approved agreements to the state agencies. The Joint Appropriations Review Committee must be provided with a copy of
15 the proposals, for review and comment, prior to submission to the federal agency."
16
17 C. (1) Sections 1-19-10 through 1-19-50 of the 1976 Code are repealed. Sections 1-19-80 through 1-19-270 of the 1976
18 Code are repealed.
19 (2) The following provisions of the 1976 Code are repealed:
20 (a) Chapter 39 of Title 2 Mental Health, Mental Retardation Study Committee
21 (b) Chapter 43 of Title 2 Textile Industry Study Committee
22 (c) Chapter 47 of Title 2 Joint Bond Review Committee
23 (d) Chapter 53 of Title 2 Committee on Energy
24 (e) Chapter 55 of Title 2 Health Care Planning and Oversight Committee
25 (f) Sections 2-65-20
26 through 2-65-60 and
27 Sections 2-65-80
28 through 2-65-120 Joint Appropriations Review Committee
29 (g) Chapter 68 of Title 2 Joint Legislative Committee on Cultural Affairs
30 (h) Chapter 73 of Title 2 Joint Committee on the Disabled
31 (i) Chapter 21 of Title 51 Committee on Tourism
32
33 D. Effective at the time of the repeal of Chapter 47, Title 2 of the 1976 Code, as provided in this section, the duties and
34 functions of the Joint Bond Review Committee are devolved upon the Capital Projects Oversight Committee as established
35 pursuant to Part IB of this act.
36
37 E. This section takes effect July 1, 1996, except that subsections A, B, C(1), and C(2)(f) are effective January 1, 1997.
38
39 SECTION 36
40
41 TO AMEND SECTION 59-26-20, AS AMENDED, OF THE 1976 CODE, RELATING TO THE DUTIES OF THE
42 STATE BOARD OF EDUCATION AND THE COMMISSION ON HIGHER EDUCATION INCLUDING DUTIES
PART II PAGE 538
1 WITH REGARD TO THE SOUTH CAROLINA STUDENT LOAN PROGRAM AND THE GOVERNOR'S
2 TEACHING SCHOLARSHIP LOAN PROGRAM, SO AS TO REVISE THE MANNER IN WHICH LOANS UNDER
3 THESE PROGRAMS MAY BE CANCELED.
4
5 (1) Section 59-26-20(k) of the 1976 Code, as last amended by Act 259 of 1992, is further amended to read:
6
7 "(k) The Commission on Higher Education, in consultation with the State Department of Education and the staff of the
8 South Carolina Student Loan Corporation, shall develop a loan program whereby talented and qualified state residents may
9 be provided loans to attend public or private colleges and universities for the sole purpose and intent of becoming certified
10 teachers employed in the State in areas of critical need. Areas of critical need shall include both rural areas and areas of
11 teacher certification and must be defined annually for that purpose by the State Board of Education. The recipient of a loan
12 is entitled to have up to one hundred percent of the amount of the loan plus the interest canceled if he becomes certified and
13 teaches in an area of critical need. The loan must be canceled at the rate of twenty percent of the total principal amount of
14 the loan plus interest on the unpaid balance for each complete year of teaching service in either an academic critical need
15 area or in a geographic need area. Beginning July 1, 1989, the loan must be canceled at the rate of thirty-three and one-third
16 percent of the total principal amount of the loan plus interest on the unpaid balance for each complete year of teaching service
17 in both an academic critical need area and a geographic need area. Each complete year of teaching service in an academic
18 critical need area or in a geographic need area shall cancel the unpaid principal on the loan plus the interest that has accrued
19 on that portion of the principal which is attributable to the cost, as determined by the commission, of twenty-four credit hours
20 of instruction at the institution attended; provided, that if the complete year of teaching service is in both an area of academic
21 critical need and an area of geographic critical need, the cost of thirty-six credit hours of instruction shall be canceled in the
22 manner provided in this section. The credit hours must be canceled in the order they were completed with the credit hours
23 earned first being canceled first. `Cost' as used herein means any educational cost which the student was entitled to pay from
24 the proceeds of the loan. In case of failure to make a scheduled repayment of any installment, failure to apply for
25 cancellation of deferment of the loan on time, or noncompliance by a borrower with the intent of the loan, the entire unpaid
26 indebtedness including accrued interest, at the option of the commission, shall become immediately due and payable. The
27 recipient shall execute the necessary legal documents to reflect his obligation and the terms and conditions of the loan. The
28 loan program, if implemented, pursuant to the South Carolina Education Improvement Act, is to be administered by the South
29 Carolina Student Loan Corporation. Funds generated from repayments to the loan program must be retained in a separate
30 account and utilized as a revolving account for the purpose that the funds were originally appropriated. Appropriations for
31 loans and administrative costs incurred by the corporation are to be provided in annual amounts, recommended by the
32 Commission on Higher Education, to the State Treasurer for use by the corporation. The select committee shall review the
33 loan program annually and report to the General Assembly."
34
35 (2) Section 59-26-20(o) of the 1976 Code, as last amended by Act 259 of 1992, is further amended to read:
36
37 "(o) The Commission on Higher Education in consultation with the State Department of Education and the staff of the
38 South Carolina Student Loan Corporation, shall develop a Governor's Teaching Scholarship Loan Program to provide
39 talented and qualified state residents loans not to exceed five thousand dollars a year to attend public or private colleges and
40 universities for the purpose of becoming certified teachers employed in the public schools of this State. The recipient of a
41 loan is entitled to have up to one hundred percent of the amount of the loan plus the interest on the loan canceled if he
42 becomes certified and teaches in the public schools of this State for at least five years. The loan is canceled at the rate of
PART II PAGE 539
1 twenty percent of the total principal amount of the loan plus interest on the unpaid balance for each complete year of teaching
2 service in a public school. However, beginning July 1, 1990, the loan is canceled at the rate of thirty-three and one-third
3 percent of the total principal amount of the loan plus interest on the unpaid balance for each complete year of teaching service
4 in both an academic critical need area and a geographic need area as defined annually by the State Board of Education. Each
5 complete year of teaching service in a public school shall cancel the unpaid principal on the loan plus the interest that has
6 accrued on that portion of the principal which is attributable to the cost, as determined by the commission, of twenty-four
7 credit hours of instruction at the institution attended; provided, that if the complete year of teaching service is in both an
8 academic critical need area and a geographic need area, the cost of thirty-six credit hours of instruction shall be canceled
9 in the manner provided in this section. The credit hours must be canceled in the order they were completed with the credit
10 hours earned first being canceled first. `Cost' as used herein means any educational cost which the student was entitled to
11 pay from the proceeds of the loan. In case of failure to make a scheduled repayment of any installment, failure to apply for
12 cancellation or deferment of the loan on time, or noncompliance by a borrower with the purpose of the loan, the entire
13 unpaid indebtedness plus interest is, at the option of the commission, immediately due and payable. The recipient shall
14 execute the necessary legal documents to reflect his obligation and the terms and conditions of the loan. The loan program
15 must be administered by the South Carolina Student Loan Corporation. Funds generated from repayments to the loan
16 program must be retained in a separate account and utilized as a revolving account for the purpose of making additional
17 loans. Appropriations for loans and administrative costs must come from the Education Improvement Act of 1984 Fund,
18 on the recommendation of the Commission on Higher Education to the State Treasurer, for use by the corporation. The
19 select committee shall review this scholarship loan program annually and report its findings and recommendations to the
20 General Assembly. For purposes of this item, a `talented and qualified state resident' includes freshmen students who
21 graduate in the top ten percentile of their high school class, or who receive a combined verbal plus mathematics Scholastic
22 Aptitude Test score of at least eleven hundred and enrolled students who have completed one year (two semesters or the
23 equivalent) of collegiate work and who have earned a cumulative grade point average of at least 3.5 on a 4.0 scale. To
24 remain eligible for the loan while in college, the student must maintain at least a 3.0 grade point average on a 4.0 scale."
25
26 (3) The provisions of this section shall be construed to be the payback method referred to in Part IB, Section 19A,
27 Paragraph 46 under which students receiving student loans and Governor's Teaching Scholarships provided from EIA funds
28 are permitted to pay back such loans or scholarships.
29
30
31 SECTION 37
32
33 REQUIRING THE DEPARTMENT OF TRANSPORTATION TO TRANSFER ANNUALLY ONE HUNDRED
34 THOUSAND DOLLARS FROM HIGHWAY FUNDS TO THE DEPARTMENT OF PUBLIC SAFETY TO FUND THE
35 SOUTH CAROLINA MOTORCYCLE RIDER SAFETY EDUCATION PROGRAM AND PROVIDE THAT ANY
36 UNEXPENDED FUNDS TRANSFERRED TO THE DEPARTMENT OF PUBLIC SAFETY LAPSE AND MAY NOT
37 BE CARRIED FORWARD INTO THE NEXT FISCAL YEAR.
38
39 A. The Department of Transportation is required to transfer annually one hundred thousand dollars from highway funds
40 to the Department of Public Safety to fund the South Carolina Motorcycle Rider Safety Education Program. However, any
41 transferred funds not expended by the Department of Public Safety lapse and may not be carried forward into the next fiscal
42 year.
PART II PAGE 540
1
2 B. This section takes effect July 1, 1996.
3
4
5 SECTION 38
6
7 TO PROVIDE THAT IF A SCHOOL DISTRICT ELECTS TO USE EDUCATIONAL IMPROVEMENT ACT
8 APPROPRIATIONS FROM THE LOCAL SCHOOL INNOVATION FUND FOR ADULT EDUCATION, THESE
9 FUNDS SHALL BE DISTRIBUTED TO THE REQUESTING SCHOOL DISTRICTS BY THE DEPARTMENT OF
10 EDUCATION FOR THE PURPOSE OF PROVIDING BASIC ADULT EDUCATION IN ACCORDANCE WITH THE
11 PROVISIONS OF LAW PERTAINING TO ADULT EDUCATION AS GOVERNED BY THE DEPARTMENT OF
12 EDUCATION'S REGULATIONS AND THE STATE PLAN FOR ADULT EDUCATION.
13
14 Notwithstanding any other provision of law, if a school district elects to use Education Improvement Act appropriations from
15 the Local School Innovation Fund for adult education, these funds shall be distributed to the requesting school district by
16 the Department of Education for the purpose of providing basic adult education in accordance with the provisions of law
17 pertaining to adult education as governed by the Department of Education's regulations and the State Plan for Adult
18 Education.
19
20
21 SECTION 39
22
23 TO AMEND THE 1976 CODE BY ADDING SECTIONS 4-9-142 AND 5-21-70 SO AS TO IMPOSE LIMITS ON THE
24 AUTHORITY OF COUNTIES AND MUNICIPALITIES TO IMPOSE NEW TAXES, RAISE THE RATES OF
25 EXISTING TAXES AND UNIFORM SERVICE CHARGES AND PROVIDE EXCEPTIONS, TO AUTHORIZE
26 COUNTIES AND MUNICIPALITIES TO IMPOSE UNIFORM SERVICE CHARGES ON ACCOMMODATIONS
27 PROVIDED TRANSIENTS AND FOOD AND BEVERAGES SERVED IN ESTABLISHMENTS LICENSED FOR ON
28 PREMISE CONSUMPTION FOR SPECIAL PURPOSES RELATING TO TOURISM, TO PROVIDE THE
29 MAXIMUM RATES OF THESE CHARGES AND THE REQUIREMENTS FOR IMPOSITIONS AND RATE
30 INCREASES, TO PROVIDE FOR A ROLLBACK TAX CALCULATION APPLICABLE TO MILLAGES IMPOSED
31 FOR REASSESSMENT YEARS, AND TO REQUIRE THESE JURISDICTIONS TO CERTIFY COMPLIANCE
32 WITH THE PROVISIONS OF THESE SECTIONS ANNUALLY IN WRITING TO THE COMPTROLLER
33 GENERAL TO OBTAIN REIMBURSEMENT FOR THE HOMESTEAD EXEMPTIONS FOR THE ELDERLY OR
34 DISABLED; BY ADDING SECTION 6-1-85 SO AS TO PROHIBIT POLITICAL SUBDIVISIONS, INCLUDING
35 SCHOOL DISTRICTS, FROM IMPOSING TAXES OR FEES ON REAL PROPERTY TRANSFERS EXCEPT AS
36 SPECIFICALLY AUTHORIZED BY GENERAL LAW AND TO PROVIDE A PHASE OUT PERIOD FOR
37 JURISDICTION WHERE THESE TAXES OR FEES ARE CURRENTLY IMPOSED, AND TO REQUIRE ANNUAL
38 COMPLIANCE REPORTS TO THE COMPTROLLER GENERAL IN ORDER TO OBTAIN REIMBURSEMENTS
39 FOR THE HOMESTEAD EXEMPTION FOR THE ELDERLY OR DISABLED; AND TO AMEND SECTION
40 11-11-440, RELATING TO THE PROHIBITION ON GENERAL TAX INCREASES OR NEW GENERAL TAXES
41 AS PERMANENT PROVISIONS IN APPROPRIATION BILLS, SO AS TO REQUIRE THE SEPARATE
42 LEGISLATION REQUIRED FOR THESE PURPOSES TO PASS EACH HOUSE OF THE GENERAL ASSEMBLY
PART II PAGE 541
1 BY AT LEAST A TWO-THIRDS MAJORITY.
2 Amend Title To Conform
3
4 A. Article 1, Chapter 9, Title 4 of the 1976 Code is amended by adding:
5
6 "Section 4-9-142. (A) The governing body of a county may not impose any new tax after December 31, 1995, unless
7 the tax is specifically authorized by the General Assembly by general law. The governing body of a county may not increase
8 tax or uniform service charge rates, excluding utilities, imposed for any purposes above the rates imposed for such purposes
9 for the prior tax year. However, rates may be increased by the percentage increase in the Consumer Price Index based upon
10 the southeastern average. Notwithstanding the limitations contained in this subsection, rates may be increased for the
11 following purposes:
12 (1) in response to a natural or environmental disaster as declared by the Governor;
13 (2) to offset a prior year's deficit, as required by Section 7, Article X of the South Carolina Constitution;
14 (3) to raise the revenue necessary to comply with judicial mandates requiring the use of county funds, personnel,
15 facilities, or equipment; or
16 (4) millage which is levied to pay bonded indebtedness or payments for real property purchased using a
17 lease-purchase agreement or used to maintain a reserve account. Nothing in this section prohibits the use of energy saving
18 performance contracts as provided in Section 48-52-670.
19 (B) Existing tax and uniform service charge rates may be further increased only upon a two-thirds vote of the governing
20 body of the county. However, if the governing body has fewer than six members or more than twelve members, a
21 three-fifths vote is required. Additionally, no supermajority is required to further increase the rate of the charges specifically
22 authorized by this subsection if, in a referendum held for this purpose, a majority of the qualified electors of the county
23 voting in the referendum approve the imposition of the increased rate of the existing charge. The referendum must be held
24 only in that portion of the county where the rates of such charges are to be raised. This subsection does not apply to the
25 vote of a county council in the preparation or adoption of the budget of a school district that is not fiscally autonomous.
26 (C) The imposition of a new tax expressly authorized by the General Assembly by general law or a new uniform
27 service charge requires a two-thirds vote of the governing body of the county except that if the governing body is comprised
28 of fewer than six members or more than twelve members, a three-fifths majority is required.
29 (D)(1) Notwithstanding any other provision of law, the governing body of a county may by ordinance impose a uniform
30 service charge on accommodations provided transients and on food and beverages served in establishments licensed for
31 on-premises consumption. The maximum rate that may be imposed on accommodations is three percent of the measure of
32 the charge and in the case of food and beverages, one percent of the measure of the charge. However, when a charge is
33 imposed on food and beverages, the maximum rate of the accommodations charge is two percent. The charges authorized
34 by this subsection may be imposed within an incorporated area of the county only with the approval of a two-thirds majority
35 of the governing body of the affected municipality and these charges cannot be imposed in a municipality which has imposed
36 either or both of these charges within its jurisdiction. The charges authorized by this subsection may be imposed or raised
37 only in the manner provided in subsection (C) except that no supermajority is required to impose or increase the rate of the
38 charges specifically authorized by this subsection if, in a referendum held for this purpose, a majority of the qualified
39 electors of the county voting in the referendum approve the imposition of the new charge or the increased rate of the existing
40 charge. The referendum must be held only in that portion of the county where the charges are to be imposed or rates of such
41 charges raised. The maximum rates provided in this subsection may not be exceeded regardless of the method of imposition.
42 (2) The revenues of the charges authorized by this subsection may be used only for:
PART II PAGE 542
1 (a) tourism-related buildings including, but not limited to, civic centers, coliseums, and aquariums;
2 (b) cultural, recreational, or historical facilities;
3 (c) beach access and renourishment;
4 (d) highways, roads, streets, and bridges providing access to tourist destinations;
5 (e) advertisements and promotions related to tourism development;
6 (f) operation and maintenance of items in sections a-e, including police, fire protection, emergency medical
7 service, and emergency preparedness operations directly attendant to these facilities.
8 (3) Nothing in this subsection may be construed as authorizing additional charges on accommodations and food and
9 beverages when the governing body of the county enacted before 1996 taxes, fees, or uniform service charges on these items
10 measured substantially in the same manner. To the extent that the maximum charge rates authorized in this subsection have
11 not been exceeded in cumulative local impositions occurring before 1996, any rate increases are allowed only as provided
12 in this subsection.
13 (E) For the tax year of implementation of the values determined by a countywide equalization and reassessment
14 program, the millage rate for all real and personal property must not exceed the rollback millage, as defined in this
15 subsection, except that the rollback millage may be increased by the percentage increase in the consumer price index, based
16 on the southeastern average, for the year immediately preceding the year the reassessment values are implemented. The
17 millage rate may be further increased during the year of implementation of reassessment values upon a two-thirds vote of
18 the governing body. However, if the governing body has fewer than six members, a three-fifths vote is required. For
19 purposes of this subsection, the rollback millage rate is computed by dividing the prior year property tax revenues by the
20 budget year property tax assessment base.
21 (F) Notwithstanding any other provision of law, no reimbursement otherwise due a county pursuant to Section
22 12-37-270 may be paid unless the governing body of the county certifies in writing to the Comptroller General that the county
23 shall comply with the requirements of this section."
24
25 B. Article 1, Chapter 21, Title 5 of the 1976 Code is amended by adding:
26
27 "Section 5-21-70. (A) The governing body of a municipality may not impose any new tax after December 31, 1995,
28 unless the tax is specifically authorized by the General Assembly by general law. The governing body of a municipality may
29 not increase tax or uniform service charge rates, excluding utilities, imposed for any purposes above the rates imposed for
30 such purposes for the prior tax year. However, rates may be increased by the percentage increase in the Consumer Price
31 Index based upon the southeastern average. Notwithstanding the limitations contained in this subsection, rates may be
32 increased for the following purposes:
33 (1) in response to a natural or environmental disaster as declared by the Governor;
34 (2) to offset a prior year's deficit, as required by Section 7, Article X of the South Carolina Constitution;
35 (3) to raise the revenue necessary to comply with judicial mandates requiring the use of municipal funds, personnel,
36 facilities, or equipment; or
37 (4) millage which is levied to pay bonded indebtedness or payments for real property purchased using a
38 lease-purchase agreement or used to maintain a reserve account. Nothing in this section prohibits the use of energy saving
39 performance contracts as provided in Section 48-52-670.
40 (B) Except as provided in subsection (D) and notwithstanding any provision of law, tax and uniform service charge
41 rates may be further increased only upon a two-thirds vote of the governing body of the municipality. However, if the
42 governing body has fewer than six members or more than twelve members, a three-fifths vote is required.
PART II PAGE 543
1 (C) The imposition of a new tax expressly authorized by the General Assembly by general law or a new uniform
2 service charge requires a two-thirds vote of the governing body of the municipality except that if the governing body is
3 comprised of fewer than six members or more than twelve members, a three-fifths majority is required.
4 (D)(1) Notwithstanding any other provision of law, the governing body of a municipality by ordinance may impose a
5 uniform service charge on accommodations provided transients within the municipality and on food and beverages served
6 in establishments located in the municipality licensed for on-premises consumption. The maximum rate that may be imposed
7 on accommodations is three percent of the measure of the charge and in the case of food and beverages, one percent of the
8 measure of the charge. However, when a charge is imposed on food and beverages, the maximum rate of the
9 accommodations charge is two percent. The charges authorized by this subsection may be imposed or raised only in the
10 manner provided in subsection (C) except that no supermajority is required to impose or increase the rate of the charges
11 specifically authorized by this subsection if, in a referendum held for this purpose, a majority of the qualified electors of the
12 municipality voting in the referendum approve the imposition of the new charge or the increased rate of the existing charge.
13 The maximum rates provided in this subsection may not be exceeded regardless of the method of imposition.
14 (2) The revenues of the charges authorized by this subsection may be used only for:
15 (a) tourism-related buildings including, but not limited to, civic centers, coliseums, and aquariums;
16 (b) cultural, recreational, or historical facilities;
17 (c) beach access and renourishment;
18 (d) highways, roads, streets, and bridges providing access to tourist destinations;
19 (e) advertisements and promotions related to tourism development.
20 (3) Nothing in this subsection may be construed as authorizing additional charges on accommodations and food and
21 beverages when the governing body of the municipality enacted before 1996 taxes, fees, or uniform service charges on these
22 items measured substantially in the same manner. To the extent that the maximum charge rates authorized in this subsection
23 have not been exceeded in cumulative local impositions occurring before 1996, any rate increases are allowed only as
24 provided in this subsection.
25 (E) For the tax year of implementation of the values determined by a countywide equalization and reassessment
26 program, the millage rate for all real and personal property must not exceed the rollback millage, as defined in this
27 subsection, except that the rollback millage may be increased by the percentage increase in the consumer price index, based
28 on the southeastern average, for the year immediately preceding the year the reassessed values are implemented. The millage
29 rate may be further increased during the year of implementation of reassessment values upon a two-thirds vote of the
30 governing body. However, if the governing body has fewer than six members, a three-fifths vote is required. For purposes
31 of this subsection, the rollback millage rate is computed by dividing the prior year property tax revenues by the budget year
32 property tax assessment base.
33 (F) Notwithstanding any other provision of law, no reimbursement otherwise due a municipality pursuant to Section
34 12-37-270 may be paid unless the governing body of the municipality certifies in writing to the Comptroller General that
35 the municipality shall comply with the requirements of this section."
36
37 C. A. Chapter 1, Title 6 of the 1976 Code is amended by adding:
38
39 "Section 6-1-85. Municipalities and counties may not impose any fee or tax of any nature or description on the transfer
40 of real property unless the General Assembly has expressly authorized by general law the imposition of the fee or tax."
41
42 B. Notwithstanding the provisions of Section 6-1-85 of the 1976 Code as added by this section, the governing body
PART II PAGE 544
1 of any municipality, county, school district, or special purpose district which has enacted and collected any fee or tax which
2 is charged on the transfer of real estate may continue to collect the fees or taxes until the earlier of:
3 (1) the end of the entity's current fiscal year as of the effective date of this section; or
4 (2) January 1, 1997.
5 Notwithstanding any other provision of law, no reimbursement otherwise due any jurisdiction pursuant to Section
6 12-37-270 of the 1976 Code which is affected by the phase-out provisions of this subsection may be paid unless the governing
7 body of the jurisdiction certifies in writing to the Comptroller General that the jurisdiction shall comply with the requirements
8 of this section."
9
10 D. Section 11-11-440(A) of the 1976 Code is amended to read:
11
12 "(A) The General Assembly may not provide for any general tax increase or enact new general taxes in the permanent
13 provisions of the State General Appropriation Act or acts supplemental thereto., and any such Any general tax increases
14 or new general taxes must be enacted only by separate act passed by a vote of at least two-thirds of the members of each
15 house."
16
17 E. This section takes effect January 1, 1997.
18
19
20 SECTION 40
21
22 TO AMEND SECTION 35-1-20, AS AMENDED, OF THE 1976 CODE, RELATING TO DEFINITIONS IN THE
23 UNIFORM SECURITIES ACT, SO AS TO REVISE THE DEFINITION OF "SECURITY" TO EXCLUDE
24 TRANSFERABLE CERTIFICATES OF DEPOSIT; AND TO AMEND SECTION 35-1-30, RELATING TO THE
25 SECRETARY OF STATE SERVING AS THE SECURITIES COMMISSIONER AND ASSISTANTS TO THE
26 COMMISSIONER, SO AS TO PROVIDE THAT ASSISTANTS TO THE SECURITIES COMMISSIONER INCLUDE
27 ASSISTANTS TO ASSURE COMPLIANCE WITH THE SECURITIES LAWS.
28
29 A. Section 35-1-20(12) of the 1976 Code is amended by adding at the end:
30
31 "`Security' does not include a transferable certificate of deposit."
32
33 B. Section 35-1-30 of the 1976 Code is amended to read:
34
35 "Section 35-1-30. This chapter shall must be administered by the Secretary of State, who shall be is ex officio the
36 Securities Commissioner and who may employ such additional assistants at such salaries as may be authorized by the General
37 Assembly including assistants to assure compliance with the provisions of this title."
38
39 C. This section takes effect July 1, 1996.
PART II PAGE 545
1 SECTION 41
2
3 TO AMEND THE 1976 CODE BY ADDING SECTIONS 6-1-60, AND 59-73-35 SO AS TO IMPOSE LIMITS ON
4 CERTAIN PROPERTY TAX MILLAGE INCREASES IMPOSED BY SPECIAL PURPOSE OR PUBLIC SERVICE
5 DISTRICTS AND ON THE USE OF NEW REVENUE SOURCES FOR OPERATING PURPOSES AND TO
6 PROVIDE EXCEPTIONS; AND TO IMPOSE LIMITS ON CERTAIN PROPERTY TAX MILLAGE INCREASES
7 IMPOSED BY THE GOVERNING BODIES AUTHORIZED BY LAW TO LEVY SCHOOL TAXES AND ON THE
8 USE OF NEW REVENUE SOURCES FOR OPERATING PURPOSES AND TO PROVIDE EXCEPTIONS; TO
9 MAKE THE PAYMENT OF REIMBURSEMENTS FOR HOMESTEAD EXEMPTIONS CONDITIONAL ON THESE
10 ENTITIES CERTIFYING IN WRITING TO THE COMPTROLLER GENERAL THAT THEY HAVE MET THESE
11 REQUIREMENTS.
12 Amend Title To Conform
13
14 A. Chapter 1, Title 6 of the 1976 Code is amended by adding:
15
16 "Section 6-1-60. (A) The governing body authorized by law to levy special purpose or public service district taxes may
17 not increase the millage rate imposed for operating purposes above the rate imposed for such purposes for the prior tax year.
18 The millage rate, however, may be increased by the percentage increase in the Consumer Price Index upon a three-fifths vote
19 of the governing body authorized by law to levy special purpose or public service district taxes. Notwithstanding the
20 limitation upon millage rate increases contained in this subsection and only to the extent authorized by law on the effective
21 date of this section, the governing body authorized by law to levy special purpose or public service district taxes may
22 increase the millage rate for the following purposes:
23 (1) in response to a natural or environmental disaster as declared by the Governor;
24 (2) to offset a prior year's deficit, as required by Section 7, Article X of the South Carolina Constitution; or
25 (3) to raise the revenue necessary to comply with judicial mandates requiring the use of special purpose or public
26 service district funds, personnel, facilities, or equipment.
27 (B) The millage rate may be further increased upon a two-thirds vote of the governing body authorized by law to levy
28 special purpose or public service district taxes. Any new sources of revenues for operating purposes must be approved by
29 a two-thirds vote of the governing body authorized by law to levy special purpose or public service district taxes. However,
30 if the governing body has fewer than six members, a three-fifths vote is required.
31 (C) The restriction contained in this section does not affect millage which is levied to pay bonded indebtedness or
32 payments for real property purchased using a lease-purchase agreement or used to maintain a reserve account.
33 (D) The provisions of this section may not be construed to amend or repeal any existing provision of law limiting the
34 fiscal autonomy of a special purpose or public service district to the extent those limitations are more restrictive than the
35 provisions of this section.
36 (E) Notwithstanding any other provision of law, no reimbursement otherwise due a special purpose or public service
37 district pursuant to Section 12-37-270 may be paid unless the governing body authorized by law to levy special purpose or
38 public service district taxes certifies in writing to the Comptroller General that the district shall comply with the requirements
39 of this section."
40
41 B. Chapter 73, Title 59 of the 1976 Code is amended by adding:
PART II PAGE 546
1 "Section 59-73-35. (A) The governing body authorized by law to levy school taxes may not increase the millage rate
2 imposed for operating purposes above the rate imposed for such purposes for the prior tax year.
3 (B) The millage rate, however, may be increased by the percentage increase in the Consumer Price Index upon a
4 three-fifths vote of the governing body authorized by law to levy school taxes of the school district. Notwithstanding the
5 limitation upon millage rate increases contained in this subsection, the millage rate may be increased for the following
6 purposes:
7 (1) to meet the minimum required local Education Finance Act inflation factor as projected by the State Budget and
8 Control Board, Office of Research and Statistics, and the per pupil maintenance of effort requirement of Section 59-21-1030;
9 (2) in response to a natural or environmental disaster as declared by the Governor;
10 (3) to offset a prior year's deficit, as required by Section 7, Article X of the South Carolina Constitution; or
11 (4) to raise the revenue necessary to comply with judicial mandates requiring the use of school district funds,
12 personnel, facilities, or equipment.
13 (C) Notwithstanding any other provision of law, the millage rate may be increased upon a two-thirds vote of the
14 governing body authorized by law to levy school taxes of the school district. Any new sources of revenues for operating
15 purposes must be approved by a two-thirds vote of the governing body authorized by law to levy school taxes of the school
16 district.
17 (D) The restriction contained in this section does not affect millage which is levied to pay bonded indebtedness or
18 payments for real property purchased using a lease-purchase agreement or used to maintain a reserve account. Nothing in
19 this section prohibits the use of energy-saving performance contracts as provided in Section 48-52-670.
20 (E) The provisions of this section may not be construed to amend or repeal any existing provision of law limiting the
21 fiscal autonomy of a school district to the extent those limitations are more restrictive than the provisions of this section.
22 (F) The provisions of this section do not apply to a school district in which any increase in the ad valorem school tax
23 levy for a particular year must be approved by the qualified electors of the school district in a referendum.
24 (G) Notwithstanding any other provision of law, no reimbursement otherwise due a school district pursuant to Section
25 12-37-270 may be paid unless the governing body authorized by law to levy school taxes certifies in writing to the
26 Comptroller General that the district shall comply with the requirements of this section.
27 (H) For purposes of this section, `governing body authorized by law to levy school taxes' does not include the General
28 Assembly."
29
30 C. This section takes effect January 1, 1997.
31
32
33 SECTION 42
34
35 TO AMEND THE 1976 CODE BY ADDING SECTION 30-4-45 SO AS TO ALLOW THE DEPARTMENT OF
36 REVENUE AND TAXATION TO MAKE AVAILABLE MOTOR VEHICLE RECORD INFORMATION FOR
37 DISTRIBUTION AND FOR USE IN RESPONSE TO INDIVIDUAL REQUESTS, ALLOW THE DEPARTMENT TO
38 NEGOTIATE FEES FOR SUCH DISTRIBUTION, REQUIRE THE DEPARTMENT TO IMPLEMENT CERTAIN
39 METHODS AND PROCEDURES WITH RESPECT TO THE USE OF THE INFORMATION, REQUIRE A
40 BUSINESS ENTITY OR OTHER PERSON RECEIVING THE INFORMATION FOR DISTRIBUTION TO FILE AN
41 AFFIDAVIT DECLARING CERTAIN THINGS UNDER PENALTY OF PERJURY, PROVIDE THAT NO PHONE
42 NUMBERS OR MOTOR VEHICLE LICENSE PLATE NUMBERS SHALL BE RENTED OR SOLD UNDER THIS
PART II PAGE 547
1 SECTION, AND PROVIDE THAT NOTHING IN THIS SECTION ALLOWS THE DEPARTMENT TO RELEASE
2 ANY NAME, ADDRESS, OR TELEPHONE NUMBER INFORMATION TO ANY PERSON REQUESTING SUCH
3 INFORMATION BASED SOLELY UPON A MOTOR VEHICLE LICENSE PLATE NUMBER.
4
5 A. The 1976 Code is amended by adding:
6
7 "Section 30-4-45. (A) Notwithstanding any other provision of law:
8 (1) The Department of Revenue and Taxation shall make available motor vehicle record information for distribution
9 and for use in response to individual requests, and the department shall negotiate fees for distribution.
10 (2) The department shall implement methods and procedures to ensure that:
11 (a) individuals are provided an opportunity, in a clear and conspicuous manner, to opt-out and prohibit the use
12 of motor vehicle record information about them for distribution for surveys, marketing, and solicitations; and
13 (b) surveys, marketing, and solicitations and that surveys, marketing, and solicitations will not be directed at
14 those individuals who have requested in a timely fashion that they not be directed at them.
15 (3) Any business entity or other person receiving motor vehicle record information for distribution under this section
16 shall file an affidavit with the department declaring, under penalty for perjury:
17 (a) that it is a registered corporation doing business in South Carolina, in accordance with the laws of this State;
18 (b) exactly what it intends to do with the information.
19 (4) No phone numbers or motor vehicle license plate numbers shall be rented or sold under this section.
20 (5) Nothing in this section allows the department to release any name, address or telephone number information to
21 any person requesting such information based solely upon a motor vehicle license plate number."
22 (B) Of the funds appropriated to the Department of Revenue and Taxation for operating expenses of its Motor Vehicle
23 Division, the department shall expend not more than one thousand dollars to establish procedures for implementation of this
24 section.
25
26 B. This section takes effect July 1, 1996.
27
28
29 SECTION 43
30
31 TO AMEND SECTION 2-15-60, AS AMENDED, OF THE 1976 CODE, RELATING TO THE DUTIES OF THE
32 LEGISLATIVE AUDIT COUNCIL, SO AS TO MAKE IT A DUTY OF THE COUNCIL TO ASSIST THE GENERAL
33 ASSEMBLY, INCLUDING ITS APPROPRIATE STANDING COMMITTEES, TO IMPLEMENT A "ZERO BASE"
34 BUDGET PROCESS IN THE PREPARATION OF THE GENERAL APPROPRIATIONS BILL BEGINNING WITH
35 FISCAL YEAR 1996-1997.
36
37 A. Section 2-15-60 of the 1976 Code, as last amended by Act 329 of 1990, is further amended by adding:
38
39 "(d) To assist the General Assembly, including its appropriate standing committees, to implement a `zero base' budget
40 process in the preparation of the general appropriations bill beginning with Fiscal Year 1996-1997."
41
42 B. This section takes effect July 1, 1996.
PART II PAGE 548
1 SECTION 44
2
3 TO AMEND TITLE 2 OF THE 1976 CODE RELATING TO THE GENERAL ASSEMBLY BY ADDING CHAPTER
4 50 SO AS TO ESTABLISH THE CAPITAL PROJECTS OVERSIGHT COMMITTEE, TO PROVIDE FOR ITS
5 MEMBERSHIP, AND TO ASSIGN THE POWERS AND DUTIES OF THE FORMER STATE BOND REVIEW
6 COMMITTEE TO THE CAPITAL PROJECTS OVERSIGHT COMMITTEE.
7
8 A. Title 2 of the 1976 Code is amended by adding:
9
10 "CHAPTER 50
11
12 Capital Projects Oversight Committee
13
14 Section 2-50-10. The General Assembly finds that a need exists for careful planning of permanent improvements and
15 of the utilization of State general obligation and institutional bond authority in order to ensure the continued favorable bond
16 credit rating our State has historically enjoyed. It further finds that the responsibility for proper management of these matters
17 is placed upon the General Assembly by our State Constitution. It is the purpose of this resolution to further ensure the
18 proper legislative response in the fulfillment of this responsibility.
19
20 Section 2-50-20. There is hereby established a Capital Projects Oversight Committee. The Capital Projects Oversight
21 Committee shall consist of four members of the Ways and Means Committee, one of whom shall be the Ways and Means
22 Committee Chairman and three other members who shall be appointed by the Chairman and four members of the Senate
23 Finance Committee, one of whom shall be the Senate Finance Committee Chairman and three other members who shall be
24 appointed by the Chairman.
25
26 Section 2-50-30. The committee is specifically charged with, but not limited to, the following responsibilities:
27 (1) To review, prior to approval by the Budget and Control Board, the establishment of any permanent improvement
28 project and the source of funds for any such project not previously authorized specifically by the General Assembly.
29 (2) To study the amount and nature of existing general obligation and institutional bond obligations and the capability
30 of the State to fulfill such obligations based on current and projected revenues.
31 (3) To recommend priorities of future bond issuance based on the social and economic needs of the State.
32 (4) To recommend prudent limitations of bond obligations related to present and future revenue estimates.
33 (5) To consult with independent bond counsel and other nonlegislative authorities on such matters and with fiscal
34 officials of other states to gain in-depth knowledge of capital management and assist in the formulation of short and long-term
35 recommendations for the General Assembly.
36 (6) To carry out all of the above assigned responsibilities in consultation and cooperation with the executive branch
37 of government and the Budget and Control Board.
38 (7) To report its findings and recommendations to the General Assembly annually or more frequently if deemed
39 advisable by the committee.
40
41 Section 2-50-40. No project authorized in whole or in part for capital improvement bond funding under the provisions
42 of Act 1377 of 1968, as amended, may be implemented until funds can be made available and until the Capital Projects
PART II PAGE 549
1 Oversight Committee, in consultation with the Budget and Control Board, establishes priorities for the funding of the
2 projects. The Capital Projects Oversight Committee shall report its priorities to the members of the General Assembly within
3 thirty days of the establishment of the funding priorities.
4
5 Section 2-50-50. To assist the State Budget and Control Board (the board) and the Capital Projects Oversight Committee
6 (the committee) in carrying out their respective responsibilities, any agency or institution requesting or receiving funds from
7 any source for use in the financing of any permanent improvement project, as a minimum, shall provide to the Board, in
8 such form and at such times as the Board, after review by the Committee, may prescribe: (a) a complete description of the
9 proposed project; (b) a statement of justification for the proposed project; (c) a statement of the purposes and intended uses
10 of the proposed project; (d) the estimated total cost of the proposed project; (e) an estimate of the additional future annual
11 operating costs associated with the proposed project; (f) a statement of the expected impact of the proposed project on the
12 five-year operating plan of the agency or institution proposing the project; (g) a proposed plan of financing the project,
13 specifically identifying funds proposed from sources other than capital improvement bond authorizations; and (h) the
14 specification of the priority of each project among those proposed.
15 All institutions of higher learning shall submit permanent improvement project proposal and justification statements to
16 the Board through the Commission on Higher Education which shall forward all such statements and all supporting
17 documentation received to the Board together with its comments and recommendations. The recommendations of the
18 Commission on Higher Education, among other things, shall include all of the permanent improvement projects requested
19 by the several institutions listed in the order of priority deemed appropriate by the Commission on Higher Education without
20 regard to the sources of funds proposed for the financing of the projects requested.
21 The Board shall forward a copy of each project proposal and justification statement and supporting documentation
22 received together with the Board's recommendations on such projects to the Committee for its review and action. The
23 recommendations of the Commission on Higher Education shall be included in the materials forwarded to the Committee
24 by the Board.
25 No provision in this section or elsewhere in this chapter, shall be construed to limit in any manner the prerogatives of
26 the Committee and the General Assembly with regard to recommending or authorizing permanent improvement projects and
27 the funding such projects may require.
28
29 Section 2-50-60. The board shall establish formally each permanent improvement project before actions of any sort
30 which implement the project in any way may be undertaken and no expenditure of any funds for any services or for any other
31 project purpose contracted for, delivered, or otherwise provided prior to the date of the formal action of the board to
32 establish the project shall be approved. State agencies and institutions may advertise and interview for project architectural
33 and engineering services for a pending project so long as the architectural and engineering contract is not awarded until after
34 a state project number is assigned. After the committee has reviewed the form to be used to request the establishment of
35 permanent improvement projects and has reviewed the time schedule for considering such requests as proposed by the board,
36 requests to establish permanent improvement projects shall be made in such form and at such times as the board may
37 require.
38 Any proposal to finance all or any part of any project using any funds not previously authorized specifically for the
39 project by the General Assembly or using any funds not previously approved for the project by the Board and reviewed by
40 the Committee shall be referred to the Committee for review prior to approval by the Board.
41 Any proposed revision of the scope or of the budget of an established permanent improvement project deemed by the
42 Board to be substantial shall be referred to the Committee for its review prior to any final action by the Board. In making
PART II PAGE 550
1 their determinations regarding changes in project scope, the Board and the Committee shall utilize the permanent
2 improvement project proposal and justification statements, together with any supporting documentation, considered at the
3 time the project was authorized or established originally. Any proposal to increase the budget of a previously approved
4 project using any funds not previously approved for the project by the Board and reviewed by the Committee shall in all
5 cases be deemed to be a substantial revision of a project budget which shall be referred to the Committee for review. The
6 Committee shall be advised promptly of all actions taken by the Board which approve revisions in the scope of or the budget
7 of any previously established permanent improvement project not deemed substantial by the Board.
8
9 Section 2-50-70. All state agencies responsible for providing and maintaining physical facilities are required to submit
10 an Annual Permanent Improvement Program (APIP) to the Capital Projects Oversight Committee and the Budget and Control
11 Board. The APIP must include all of the agency's permanent improvement projects anticipated and proposed to be started
12 in the upcoming year. The purpose of the APIP process is to provide the board and the committee with a comprehensive
13 view of each agency's permanent improvement activities. Agencies must submit an APIP to the committee and the board
14 on or before June 15 of each year. The APIP covers the next fiscal year period beginning July 1. The APIP for each higher
15 education agency, including the technical colleges, must be submitted through the Commission on Higher Education which
16 must review the APIP and provide its recommendations to the board and the committee. The board and the committee may
17 develop policies and procedures to implement and accomplish the purposes of this section. The APIP must be approved by
18 August first of the fiscal year for which the APIP applies.
19 The State shall define a permanent improvement only in terms of capital improvements, as defined by generally accepted
20 accounting principles, for reporting purposes to the State.
21
22 Section 2-50-80. Each state agency and institution may accept gifts-in-kind for architectural and engineering services
23 and construction of a value less than two hundred fifty thousand dollars with the approval of the Commission of Higher
24 Education or its designated staff, the Director of the Division of General Services, and the Capital Projects Oversight
25 Committee or its designated staff. No other approvals or procedural requirements, including the provisions of Section
26 11-35-10, may be imposed on the acceptance of such gifts.
27
28 Section 2-50-90. The Capital Projects Oversight Committee is hereby authorized and directed to regulate the starting
29 date of the various projects approved for funding through the issuance of state highway bonds so as to ensure that the sources
30 of revenue for debt service on such bonds shall be sufficient during the current fiscal year."
31
32 B. This section takes effect July 1, 1996.
33
34
35 SECTION 45
36
37 TO AMEND SECTION 50-3-316, AS AMENDED, OF THE 1976 CODE, RELATING TO THE REQUIREMENTS
38 FOR ENFORCEMENT OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO REQUIRE
39 THE DEPARTMENT TO EMPLOY THE MOST QUALIFIED APPLICANTS, REQUIRE OFFICERS TO RESIDE
40 WITHIN FIFTEEN MILES OF THE COUNTY FOR WHICH THEY ARE EMPLOYED, AND PROVIDE FOR
41 FUNDING FOR ENFORCEMENT OFFICERS.
PART II PAGE 551
1 A. Section 50-3-316 of the 1976 Code, as amended by Section 1258 of Act 181 of 1993, is further amended to read:
2
3 "Section 50-3-316. The department shall, In employing enforcement officers, the department shall use the criteria as
4 required by the Division of Human Resource Management and the department, which shall. The criteria must include, but
5 are not limited to, a written examination, physical examination, and interview. Each applicant shall be is required to perform
6 at minimal levels as required by the Division of Human Resource Management and the department. The department shall
7 employ the most qualified applicants. If an enforcement officer does not reside in the county or within fifteen miles of the
8 county for which he is employed, he shall move to the county or within fifteen miles of the county at his expense within three
9 months of employment. Enforcement officers must be compensated from funds provided to the department in the annual
10 general appropriations act.
11 The department, when employing enforcement officers within a particular county, must hire those applicants, if any,
12 who meet the minimum employment qualification requirements as required by the Division of Human Resource Management
13 and the department and who reside within that particular county before the department may hire other qualified applicants
14 who reside outside that county.
15 If more than one vacancy exists in a county, the resident candidate with the next highest score will be chosen to fill the
16 second vacancy. Additional vacancies would be filled in the same manner.
17 If there are no candidates for that county who meet the minimum requirements, the vacancy will be filled by the top
18 scoring candidate regardless of county of residence."
19
20 B. This section takes effect July 1, 1996.
21
22
23 END OF PART II
24
25 All Acts or parts of Act inconsistent with any of the provisions of Part I of this Act are hereby suspended for the Fiscal
26 Year 1996-97.
27 All Acts or parts of Acts inconsistent with any of the provisions of Part II of this Act are hereby repealed. Except as
28 otherwise specifically provided herein this Act shall take effect immediately upon its approval by the Governor.