General Appropriations Bill H. 4600 for the fiscal year beginning July 1, 1996
PART II PAGE 582
1 PART II
2 Permanent Provisions
3
4
5 SECTION 1
6
7 The Code Commissioner is directed to include all permanent general laws in this Part in the next edition of the Code of Laws
8 of South Carolina, 1976, and all supplements to the Code.
9
10
11 SECTION 2
12
13 TO REPEAL SECTIONS 11-11-60, 11-11-130, AND 11-25-110 OF THE 1976 CODE, RELATING TO OBSOLETE
14 PROVISIONS RELATING TO THE FORMER RESPONSIBILITIES OF THE STATE BUDGET AND CONTROL
15 IN THE BUDGET-MAKING PROCESS AND AGENCY REPORTING REQUIREMENTS.
16
17 A. Sections 11-11-60, 11-11-130, and 11-25-110 of the 1976 Code are repealed.
18
19 B. This section takes effect July 1, 1996.
20
21
22 SECTION 3
23
24 TO REPEAL SECTION 1-11-21 OF THE 1976 CODE, RELATING TO REPORTING DATES FOR THE ANNUAL
25 BUDGET REPORT.
26
27 A. Section 1-11-21 of the 1976 Code is repealed.
28
29 B. This section takes effect July 1, 1996.
30
31
32 SECTION 4
33
34 TO AMEND SECTION 48-48-140 OF THE 1976 CODE, RELATING TO THE TAX ON LOW-LEVEL
35 RADIOACTIVE WASTE DISPOSAL OF TWO HUNDRED THIRTY-FIVE DOLLARS A CUBIC FOOT AND THE
36 DISTRIBUTION OF THIS REVENUE, SO AS TO CHANGE THE NAME OF THIS FUND TO THE CHILDREN'S
37 EDUCATION ENDOWMENT; AND TO AMEND CHAPTER 143 OF TITLE 59 OF THE 1976 CODE, RELATING
38 TO THE EDUCATIONAL ASSISTANCE ENDOWMENT FUND, SO AS TO CHANGE THE NAME OF THE FUND
39 TO THE `CHILDREN'S EDUCATION ENDOWMENT', DELETE THE AUTHORITY TO ACCUMULATE MONIES
40 IN THE ENDOWMENT, AND TO FURTHER PROVIDE FOR THE MANNER IN WHICH FUNDS THEREIN MUST
41 BE USED AND DISTRIBUTED.
42 Amend Title to Conform
PART II PAGE 583
1 A. Section 48-48-140 of the 1976 Code, as added by Section 79, Part II, Act 145 of 1995, is amended to read:
2
3 "Section 48-48-140. (A) There is imposed a tax of two hundred thirty-five dollars a cubic foot on each cubic foot of
4 low-level radioactive waste disposed of in this State. The revenues resulting from the provisions of this section must be used
5 for the South Carolina Educational Assistance Endowment Fund Children's Education Endowment as reflected in
6 appropriations to the State Treasurer in Part I, Section 10 of the 1995-96 general appropriations act and as thereafter
7 provided, except as provided in Subsection (C).
8 (B) The owner or operator of a low-level radioactive waste disposal facility no later than thirty days following the end
9 of each quarter shall submit the following to the South Carolina Department of Revenue and Taxation:
10 (1) a report detailing the quantity and type of waste disposed of during the previous calendar quarter; and
11 (2) a check made payable to the South Carolina Department of Revenue and Taxation for the amount of the tax
12 imposed in (A) above.
13 (C) An amount equal to six dollars a cubic foot of each cubic foot of waste disposed of in this State must be allocated
14 to the Education Finance Act until such time as the program is fully funded. All remaining revenues collected pursuant to
15 this section must be allocated as follows: ninety-five percent of the revenues collected pursuant to this section must be
16 credited to the South Carolina Educational Assistance Endowment Fund Children's Education Endowment, a fund separate
17 and distinct from the general fund of the State, in the manner provided by law, and the remaining revenues must be remitted
18 by the State Treasurer to the governing body of Barnwell County for distribution to each of the parties to and beneficiaries
19 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
20 within that order for the distribution of `payments in lieu of taxes' paid by the United States Department of Energy.
21 (D) For purposes of this section `low-level radioactive waste' means property delivered to the low-level radioactive
22 waste disposal facility in Barnwell County for long-term disposal. It does not include materials consumed or disposed of
23 arising out of the operation of the facility.
24 (E) The tax imposed by this section is calculated by multiplying the amount of the tax imposed on a cubic foot by the
25 cubic foot amount specified in the permits required by the South Carolina Department of Health and Environmental Control
26 and submitted at the time of delivery of the low-level radioactive waste."
27
28 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:
29
30 "CHAPTER 143
31
32 Educational Assistance
33 Children's Education Endowment Fund
34
35 Section 59-143-10.There is hereby established the South Carolina Educational Assistance Endowment Fund Children's
36 Education Endowment. The revenue received pursuant to Section 48-48-140(C) must be deposited by the State Treasurer
37 in a fund separate and distinct from the state general fund entitled the `Educational Assistance Endowment Fund' `Children's
38 Education Endowment'. All interest or income earned by the fund shall be retained in the fund and used for its stated
39 purposes which are to provide funding for Public School Facilities Assistance and Higher Education Scholarship Grants.
40 It is the intent of the General Assembly that in creating this endowment that its funds be managed so as to establish and fund
41 these programs permanently. Upon receipt of monies transferred to the Children's Education Endowment Fund by the State
42 Treasurer, thirty percent of these monies must be allocated to Higher Education Scholarship Grants and seventy percent must
PART II PAGE 584
1 be allocated to Public School Facility Assistance. Earnings on each allocation shall accumulate for the benefit of that
2 particular program. For purposes of the allocation to Higher Education Scholarship Grants, the Budget and Control Board
3 shall release a minimum of ten million dollars annually beginning with the 1996-97 fiscal year. Beginning with the fiscal
4 year ending June 30, 1996, the Comptroller General shall record low-level radioactive waste tax revenues collected from
5 the Barnwell waste facility on the accrual basis; however, no expenditure may be made against these accrued revenues until
6 the related cash is deposited with the State. These revenues must be distributed in the manner prescribed by Section 48-48-
7 140. Funds made available for Need-based Grants and Palmetto Fellows Scholarships through the Higher Education
8 Scholarship Grants allocation must be no more than the prior year's earned revenue and must be released for use on July
9 first and January first of each fiscal year. Funds made available from the public school facilities program allocation must
10 be no more than the funds earned and received for that allocation through the most recently completed quarter.
11
12 Section 59-143-20. The board in its discretion may accumulate the principal and income of each program's funds, may
13 disburse a portion or all of each program's annual or accumulated principal or income, and may for purposes of Public
14 School Facilities Assistance cause to be issued revenue bonds as provided by law the debt service on which may be paid from
15 that program's funds. All principal and income of each program's funds may be carried forward from fiscal year to fiscal
16 year and used for that program's purposes."
17
18 C. This section takes effect July 1, 1996.
19
20
21 SECTION 5
22
23 TO AMEND SECTION 12-28-2720, OF THE 1976 CODE, RELATING TO DISTRIBUTION OF THE REVENUES
24 OF THE 10.34 CENTS A GALLON TAX ON GASOLINE, SO AS TO PHASE-IN THE CREDITING OF THE
25 TOTAL AMOUNT OF THE TAX TO THE STATE HIGHWAY FUND.
26 Amend Title To Conform
27
28 A. Section 12-28-2720 of the 1976 Code, as added by Act 136 of 1995, is amended to read:
29
30 "Section 12-28-2720. The proceeds from ten and thirty-four hundredths cents a gallon of the tax on gasoline only as
31 levied and provided for in this chapter must be distributed as follows: nine and thirty-four hundredths cents on each gallon
32 must be turned over to the Department of Transportation for the purpose of that department, and one cent a gallon must be
33 deposited to the credit of the general fund of the State."
34
35 B. Notwithstanding the provisions of Section 12-28-2720 of the 1976 Code as amended by this section, and for the
36 applicable portion of Fiscal Year 1996-97 only, revenues of the 10.34 cents a gallon tax on gasoline must be distributed as
37 follows:
38 (1) 9.84 cents a gallon must be turned over to the Department of Transportation for the purposes of the department;
39 and
40 (2) one-half cent a gallon must be deposited to the credit of the general fund of the State.
41
42 C. This section takes effect June 1, 1997.
PART II PAGE 585
1 SECTION 6
2
3 ("C" Funds Allocation) - DELETED
4
5 SECTION 7
6
7 (Highway Patrol Law Enforcement Account) - DELETED
8
9
10 SECTION 8
11
12 TO AMEND THE 1976 CODE BY ADDING SECTION 12-37-935 SO AS TO PROVIDE A PHASED-IN INCREASE
13 IN THE DEPRECIATION ALLOWANCE FOR MANUFACTURER'S MACHINERY AND EQUIPMENT FOR
14 PURPOSES OF THE PROPERTY TAX AND TO PROVIDE FOR THE REIMBURSEMENT OF LOCAL TAXING
15 ENTITIES FOR REVENUES NOT COLLECTED BECAUSE OF THIS ADDITIONAL DEPRECIATION; TO
16 AMEND SECTION 12-37-930, AS AMENDED, RELATING TO VALUATION OF PROPERTY AND
17 DEPRECIATION OF MANUFACTURER'S MACHINERY AND EQUIPMENT FOR PURPOSES OF THE
18 PROPERTY TAX, SO AS TO CONFORM IT TO THE PROVISIONS OF SECTION 12-37-935 AS ADDED BY THIS
19 SECTION; TO AMEND SECTION 61-9-312, AS AMENDED, RELATING TO BEER AND WINE PERMITS FOR
20 NONPROFIT ORGANIZATIONS AND BUSINESS ESTABLISHMENTS, SO AS TO PROVIDE THAT
21 IMMEDIATELY FOLLOWING THE DISSOLUTION OF A REDEVELOPMENT AUTHORITY, THE FEES
22 DISTRIBUTED TO THE DISSOLVED REDEVELOPMENT AUTHORITY MUST BE DISTRIBUTED TO THE
23 MUNICIPALITY OR COUNTY IN WHICH THE RETAILER WHO PAID THE FEE IS LOCATED; TO AMEND
24 SECTION 61-5-180, AS AMENDED, RELATING TO ISSUANCE OF TEMPORARY ALCOHOLIC BEVERAGE
25 PERMITS TO NONPROFIT ORGANIZATIONS AND BUSINESS ESTABLISHMENTS, SO AS TO PROVIDE THAT
26 THE PERMIT FEES MUST BE DISTRIBUTED TO THE MUNICIPALITY OR COUNTY IN WHICH THE
27 RETAILER WHO PAID THE FEE IS LOCATED.
28 Amend Title to Conform
29
30 A. Article 5, Chapter 37, Title 12 of the 1976 Code is amended by adding:
31
32 "Section 12-37-935. (A) Except as provided in Section 12-37-930 for custom molds and dies used in the conduct of
33 manufacturing electronic interconnection component assembly devices for computers and computer peripherals, the original
34 cost must not be reduced more than the percentage provided in the following schedule:
35
36 Property Tax Year Maximum Percentage Depreciation
37 Before 1997 80 percent
38 1997 83.3 percent
39 1998 86.6 percent
40 After 1998 90 percent
41
PART II PAGE 586
1 (B) There is established in the State Treasury a fund separate and distinct from the general fund of the State and all
2 other funds styled The Depreciation Property Tax Reimbursement Fund. Annually, the General Assembly shall appropriate
3 to this fund an amount sufficient to reimburse all local taxing entities the amount of revenue not collected as a result of the
4 additional depreciation more than eighty percent allowed for manufacturer's machinery and equipment pursuant to this
5 section. No reimbursement is allowed for any depreciation allowed in connection with custom molds and dies used in the
6 conduct of manufacturing electronic interconnection component assembly devices for computers and computer peripherals.
7 Reimbursements must be paid from the fund in the manner provided in Section 12-37-270, mutatis mutandis."
8
9 B. The penultimate paragraph of Section 12-37-930 of the 1976 Code, as last amended by Act 32 of 1995, is further
10 amended to read:
11
12 "In no event may the original cost be reduced more than eighty percent as provided in Section 12-37-935, except this
13 limit is ninety percent for custom molds and dies used in the conduct of manufacturing electronic interconnection component
14 assembly devices for computers and computer peripherals. In the year of acquisition, depreciation is allowed as if the
15 property were owned for the full year. The term `original cost' means gross capitalized cost, including property on which
16 the taxpayer made the election allowed pursuant to Section 179 of the Internal Revenue Code of 1986, as shown by the
17 taxpayer's records for income tax purposes. For purposes of this paragraph, custom molds and dies used in the conduct of
18 manufacturing electronic interconnection component assembly devices for computers and computer peripherals are molds
19 and dies designed, produced, and conditioned to the special order of a manufacturer."
20
21 C. Section 61-9-312 of the 1976 Code, as amended by Section 75A, Part II, Act 145 of 1995, is further amended to read:
22
23 "Section 61-9-312. (A) In counties or municipalities where temporary permits are authorized to be issued pursuant to
24 Section 61-5-180, in lieu of the retail permit fee required pursuant to Section 61-9-310, a retail dealer otherwise eligible for
25 the retail permit under that section may elect to apply for a special version of that permit which allows sales for off-premises
26 consumption without regard to the restrictions on the days or hours of sales provided in Sections 61-9-90, 61-9-100,
27 61-9-110, and 61-9-130. The annual fee for this special retail permit is one thousand dollars.
28 (B) Revenue generated by the fees must be credited to the general fund of the State except that revenue generated by
29 the fees within a county where a federal military base or installation has been closed, or is designated to be closed and where
30 the federal facility has reduced its permanent civilian employment by three thousand seven hundred fifty or more jobs after
31 December 31, 1990, for a period of ten years after the effective date of Chapter 12 of Title 31, must be credited to a special
32 separate and distinct account with the Budget and Control Board for support of a redevelopment authority created therein
33 pursuant to Chapter 12 of Title 31. All other requirements for retail permits provided in Section 61-9-310 apply to the
34 special permits authorized by this section.
35 (C) (1) Immediately following the dissolution of a redevelopment authority pursuant to Section 31-12-100(A), the fees
36 distributed to the dissolved redevelopment authority pursuant to subsection (B) must be distributed to the municipality or
37 county in which the retailer who paid the fee is located. The revenue may only be used by the municipality or county for
38 the following purposes:
39 (a) capital improvements to tourism-related buildings including, but not limited to, civic centers, convention
40 centers, coliseums, aquariums, stadiums, marinas, parks, and recreational facilities;
41 (b) purchase or renovation of buildings which are historic properties as defined in Section 60-12-10(4) and
42 (5); and
PART II PAGE 587
1 (c) festivals which have a demonstrable and significant impact on tourism.
2 (2) The revenue may not be used for operating expenses of tourism-related buildings."
3
4 D. Section 61-5-180 of the 1976 Code, as last amended by Section 1584 of Act 181 of 1993, is further amended to read:
5
6 "Section 61-5-180. (A) In addition to the provisions of Section 61-5-85, the department may issue a temporary permit
7 to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less. This permit
8 is valid for a period not to exceed twenty-four hours and may be issued only to bona fide nonprofit organizations and
9 business establishments otherwise authorized to be licensed for sales. The department shall charge a nonrefundable filing
10 fee of one hundred dollars for processing each application and a daily permit fee of fifty dollars for each day for which a
11 permit is approved. An application must be filed for each permit requested. The department in its sole discretion shall
12 specify the terms and conditions of the permit.
13 (B) (1) The permit fees must be credited to the general fund of the State distributed to the municipality or county
14 in which the retailer who paid the fee is located. The revenue may only be used by the municipality or county for the
15 following purposes:
16 (a) capital improvements to tourism-related buildings including, but not limited to, civic centers, convention
17 centers, coliseums, aquariums, stadiums, marinas, parks, and recreational facilities;
18 (b) purchase or renovation of buildings which are historic properties as defined in Section 60-12-10(4) and
19 (5);
20 (c) festivals which have a demonstrable and significant impact on tourism;
21 (d) local youth mentor programs to serve juvenile offenders under the jurisdiction of the family court;
22 (e) contributions to matching funds necessary for a local government or entity to receive funding from the
23 Legacy Trust Fund pursuant to Chapter 22 of Title 51;
24 (f) contributions to a redevelopment authority pursuant to Section 31-12-10, et seq.
25 (2) The revenue may not be used for operating expenses of tourism-related buildings. The department in its sole
26 discretion shall specify the terms and conditions of the permit.
27 (C) Permits authorized by this section may be issued only in those counties or municipalities where a majority of the
28 qualified electors voting in a referendum vote in favor of the issuance of the permits. The county or municipal election
29 commission, as the case may be, shall conduct a referendum upon petition of at least ten percent but not more than
30 twenty-five hundred qualified electors of the county or municipality, as the case may be, in not less than thirty nor more than
31 forty days after receiving the petition. The election commission shall cause a notice to be published in a newspaper circulated
32 in the county or municipality, as the case may be, at least seven days before the referendum. The state election laws shall
33 apply to the referendum, mutatis mutandis. The election commission shall publish the results of the referendum and certify
34 them to the South Carolina Department of Revenue and Taxation. The question on the ballot shall read substantially as
35 follows:
36 `Shall the South Carolina Department of Revenue and Taxation be authorized to issue temporary permits in this
37 (county)(municipality) for a period not to exceed twenty-four hours to allow the possession, sale, and consumption of
38 alcoholic liquors in sealed containers of two ounces or less to bona fide nonprofit organizations and business establishments
39 otherwise authorized to be licensed for sales?'
40 A referendum for this purpose may not be held more often than once in forty-eight months.
41 The expenses of any such referendum must be paid by the county or municipality conducting the referendum."
PART II PAGE 588
1 E. Subsection C of this section takes effect July 1, 1996 and subsection D of this section takes effect July 1, 1997. The
2 remaining subsections of this section are effective for property tax years beginning after 1996.
3
4
5 SECTION 9
6
7 (Senior Citizens Income Tax Relief) - DELETED
8
9
10 SECTION 10
11
12 TO AMEND SECTION 12-28-2730 OF THE 1976 CODE, RELATING TO THAT PORTION OF GASOLINE TAX
13 CREDITED TO THE SPECIAL WATER RECREATIONAL RESOURCES FUND, SO AS TO PROVIDE FOR THE
14 REIMBURSEMENT OF THE DEPARTMENT OF NATURAL RESOURCES FOR NOXIOUS AQUATIC WEED
15 TREATMENT.
16 Amend Title To Conform
17
18 A. Section 12-28-2730(C) of the 1976 Code, as added by Act 136 of 1995, is amended to read:
19 "(C) The Department of Natural Resources must be reimbursed for engineering, design, rehabilitation, and law
20 enforcement costs incurred in the administration of the provisions of this section,. The Department of Natural Resources
21 must be reimbursed for noxious aquatic weed treatment. but funds Funds for law enforcement and noxious aquatic weed
22 treatment may not exceed one-third of revenues to the special water recreational resources fund. Funds for reimbursement
23 must be transferred from funds collected under the provisions of this section."
24
25 B. This section takes effect July 1, 1996.
26
27
28 SECTION 11
29
30 (Victim's Assistance Program/Battered Spouses & Rape Crisis) - DELETED
31
32
33 SECTION 12
34
35 TO REPEAL SECTION 11-9-60 OF THE 1976 CODE, RELATING TO CERTAIN OFFICES FURNISHING THE
36 COMPTROLLER GENERAL WITH REPORTS OF EVIDENCES OF INDEBTEDNESS DUE TO THE STATE.
37
38 A. Section 11-9-60 of the 1976 Code is repealed.
39
40 B. This section takes effect July 1, 1996.
PART II PAGE 589
1 SECTION 13
2
3 TO REPEAL SECTION 1-11-380 OF THE 1976 CODE, RELATING TO THE STATEWIDE VENDOR CODING
4 SYSTEM AND SECTION 1-11-390, RELATING TO THE COMPTROLLER GENERAL'S ACCUMULATION AND
5 REPORTING OF EXPENDITURE TRANSACTIONS AND HIS DETERMINATION OF THE SUMMARY LEVEL
6 FOR REPORTING UNDER THE FISCAL ACCOUNTABILITY ACT.
7
8 A. Sections 1-11-380 and 1-11-390 of the 1976 Code are repealed.
9
10 B. This section takes effect July 1, 1996.
11
12
13 SECTION 14
14
15 TO REPEAL SECTION 11-5-40 OF THE 1976 CODE, RELATING TO THE ISSUANCE OF DUPLICATE
16 RECEIPTS TO CERTAIN PERSONS.
17
18 A. Section 11-5-40 of the 1976 Code is repealed.
19
20 B. This section takes effect July 1, 1996.
21
22
23 SECTION 15
24
25 TO REPEAL SECTION 11-9-100 OF THE 1976 CODE, RELATING TO THE BUDGET AND CONTROL BOARD'S
26 AUTHORITY TO WITHHOLD APPROPRIATIONS FROM AN AGENCY FAILING TO CORRECT CERTAIN
27 DEFICIENCIES OR VIOLATIONS CITED IN INTERNAL OPERATIONS.
28
29 A. Section 11-9-100 of the 1976 Code is repealed.
30
31 B. This section takes effect July 1, 1996.
32
33
34 SECTION 16
35
36 TO AMEND SECTION 10-1-140 OF THE 1976 CODE, RELATING TO RESPONSIBILITY FOR PERSONAL
37 PROPERTY OF STATE DEPARTMENTS, AGENCIES, AND INSTITUTIONS, SO AS TO PLACE
38 RESPONSIBILITY FOR SUCH PROPERTY IN THE AGENCY HEAD REGARDLESS OF THE NUMBER OF
39 EMPLOYEES.
40
41 A. Section 10-1-140 of the 1976 Code is amended to read:
42
PART II PAGE 590
1 "Section 10-1-140. The head of each department, agency or institution of this State, which employs less than one
2 hundred permanent employees, shall be responsible for all personal property under his supervision and each fiscal year shall
3 submit an inventory of all such property, except expendables, to the Director of the Division of General Services no later
4 than August first of each year. The Director of the Division of General Services shall keep an accurate record of all such
5 inventories and shall make such rules and regulations as may be necessary to carry out the provisions of this paragraph.
6
7 The head of each department, agency or institution of this State, which employs more than one hundred permanent
8 employees, shall be is responsible for all personal property under his supervision and each fiscal year shall make an inventory
9 of all such property under his supervision, except expendables. The State Auditor shall make an audit of any such this
10 property whenever as he sees fit considers necessary or whenever when requested to do so."
11
12 B. This section takes effect July 1, 1996.
13
14
15 SECTION 17
16 (County Salary Supplements) - DELETED
17
18
19 SECTION 18
20
21 (General Assembly Adjournment Date Change) - DELETED
22
23
24 SECTION 19
25
26 TO EXTEND THE TIME THE CITY OF CHARLESTON HAS TO REPAY THE REMAINING BALANCE DUE THE
27 STATE ON A LOAN MADE TO THE CITY PURSUANT TO JOINT RESOLUTION 586 OF 1994; TO REQUIRE
28 THE $400,000 BALANCE TO BE REPAID IN NOT LESS THAN THREE YEARS IN THREE EQUAL ANNUAL
29 INSTALLMENTS; AND TO REQUIRE THAT ALL PAYMENTS MUST BE DEDUCTED FROM THE AID TO
30 SUBDIVISIONS ALLOCATION TO THE CITY.
31 Amend Title to Conform
32
33 A. Notwithstanding the provisions of Joint Resolution 586 of 1994, time for the City of Charleston to repay the remaining
34 balance due the State pursuant to that joint resolution is extended. The balance due of $400,000 must be repaid over a period
35 not less than three years in three equal annual installments with the first payment due no later than June 30, 1997. All
36 payments must be deducted directly from the Aid to Subdivisions allocation due the city. All other conditions on the making
37 and repayment of this loan provided in Joint Resolution 586 of 1994 apply with respect to this extended repayment period.
38 It is the intent of the General Assembly that no part of the loan be further renegotiated, revisited, or forgiven.
39
40 B. This section takes effect upon approval by the Governor.
PART II PAGE 591
1 SECTION 20
2
3 TO AMEND TITLE 59 OF THE 1976 CODE, RELATING TO EDUCATION, BY ADDING CHAPTER 142 SO AS
4 TO ESTABLISH A NEED-BASED GRANTS PROGRAM UNDER WHICH STUDENTS MEETING CERTAIN
5 QUALIFICATIONS WHO ENROLL AS UNDERGRADUATES IN PUBLIC OR SPECIFIED PRIVATE
6 INSTITUTIONS OF HIGHER LEARNING IN THIS STATE MAY RECEIVE A NEED-BASED GRANT DERIVED
7 FROM THE CHILDREN'S EDUCATION ENDOWMENT FUND; TO AMEND SECTION 59-104-20, RELATING
8 TO THE PALMETTO FELLOWS SCHOLARSHIP PROGRAM, SO AS TO DELETE THE REQUIREMENT THAT
9 ONE-HALF OF THE SCHOLARSHIP AMOUNT BE PROVIDED BY THE INSTITUTION AT WHICH THE
10 STUDENT IS ENROLLED; AND TO PROVIDE FOR THE MANNER IN WHICH FUNDING FOR THE NEED-
11 BASED GRANTS PROGRAM ESTABLISHED ABOVE AND FOR THE PALMETTO FUND SCHOLARSHIP
12 PROGRAM SHALL BE ALLOCATED TO THE VARIOUS INSTITUTIONS.
13 Amend Title to Conform
14
15 A. Title 59 of the 1976 Code is amended by adding:
16
17 "CHAPTER 142
18
19 South Carolina Need-based Grants
20
21 Section 59-142-10. (A) The State shall fund a need-based grant for a student who enrolls as an undergraduate in a
22 public institution of higher learning in this State, who applies for the need-based grant, and who meets the following
23 qualifications:
24 (1) meets domicile requirements as defined in Section 59-112-20 with the additional requirement of at least twelve
25 consecutive months of residency in the State of South Carolina immediately preceding enrollment;
26 (2) is accepted by and enrolled or registered in a state public institution of higher learning as a full-time student
27 in a certificate, diploma, or undergraduate degree program;
28 (3) is of good moral character and has never been convicted of a felony; and
29 (4) is found to be in financial need according to federal Title IV regulations.
30 (B) To maintain continued state need-based grants, once enrolled a student shall:
31 (1) complete a minimum of twenty-four semester hours an academic year and make satisfactory academic progress
32 toward a degree as determined by the institution;
33 (2) have no criminal record;
34 (3) be eligible for the need-based grants for a maximum of four academic years of two semesters.
35
36 Section 59-142-20. Consistent with this section, the Commissioner of Higher Education shall promulgate regulations
37 necessary to administer the need-based grants program in accordance with the Administrative Procedures Act. The need-
38 based grants program must be administered at the campus level.
39 Pursuant to Section 59-103-165, the commission shall incorporate information pertaining to the need-based grant
40 program in the information packets concerning post-secondary education for eighth grade students and their parents or
41 guardians.
PART II PAGE 592
1 Section 59-142-30. Assessment of need must be determined only after all other sources of grant funding, including
2 institutional, state, and federal sources have been exhausted.
3
4 Section 59-142-40. The provisions of this chapter apply to eligible students beginning in the 1996-97 academic year.
5 Funds must be allocated in a given year to institutions based on the percentage of the state full-time enrollment enrolled at
6 the institutions in the preceding year. Funds must be awarded to eligible students according to the financial need of the
7 student.
8
9 Section 59-142-50. For the purposes of this chapter, an eligible public institution of higher learning means a `public
10 institution of higher learning' as defined in Section 59-103-5.
11
12 Section 59-142-60. It shall be unlawful for a person to obtain, attempt to obtain, expend, or attempt to expend a need-
13 based grant provided by this chapter for any purpose other than in payment of or reimbursement for the cost of tuition and
14 fees to the student to whom the grant has been awarded at the institution the student is authorized to attend under the grant.
15
16 Section 59-142-70. Students at private institutions of higher learning in this State whose major campus and headquarters
17 are located in South Carolina also are eligible for need-based grants in the manner provided by law."
18
19 B. Section 59-104-20 of the 1976 Code, as added by Act 629 of 1988, is amended to read:
20
21 "Section 59-104-20. The Palmetto Fellows Scholarship Program is established to foster scholarship among the state's
22 post-secondary students and retain outstanding South Carolina high school graduates in the State through awards based on
23 scholarship and achievement. Measures must be taken to ensure equitable minority participation in this program. Recipients
24 of these scholarships are designated Palmetto Fellows. Each Palmetto Fellow shall receive a scholarship in an amount
25 designated by the Commission on Higher Education, half to be provided by the postsecondary institution at which he is
26 enrolled. The commission shall promulgate regulations and establish procedures to administer the program and request annual
27 state appropriations for the program."
28
29 C. (1) Of the funds made available for higher education scholarship grants from the higher education scholarship grant
30 allocation under Section 59-143-10 of the 1976 Code for any year, a percentage thereof must be allocated for higher
31 education scholarships and grants for students attending South Carolina independent colleges of higher learning in this State.
32 This percentage shall be equivalent to the percentage of the independent colleges' share of the total South Carolina resident
33 undergraduate full-time enrollment of all public and independent higher education institutions in South Carolina based on
34 the previous year's data as determined by the Commission on Higher Education and the South Carolina Tuition Grants
35 Commission.
36 (2) The allocation each year to students at the South Carolina independent colleges under item (1) above shall be used
37 to provide tuition grants under Chapter 113 of Title 59 of the 1976 Code, and Palmetto Fellows Scholarships under Section
38 59-104-20 of the 1976 Code in the manner the General Assembly shall provide in the annual general appropriations act. Of
39 the funds allocated to independent college students, fifty percent shall be awarded for South Carolina Tuition Grants and fifty
40 percent shall be awarded under the Palmetto Fellows Program. The funds allocated for South Carolina Tuition Grants to
41 South Carolina independent colleges students under this subsection shall be included in the annual appropriation to the
42 Commission on Higher Education and transferred annually into the budget of the South Carolina Tuition Grants Commission
PART II PAGE 593
1 in the amount prescribed in item (1) above. The funds allocated for Palmetto Fellows Scholarships to South Carolina
2 independent college students under this subsection shall be included in the annual appropriation to the Commission on Higher
3 Education and may only be awarded to eligible students attending South Carolina independent colleges.
4 (3) Independent colleges for purposes of this subsection means those institutions eligible to participate in the South
5 Carolina Tuition Grants Program as defined by Section 59-113-50.
6 (4) Public institutions shall receive the remaining allocation each year of the funds made available for higher education
7 scholarship grants under Section 59-143-10. One-half shall be used to provide higher education need-based grants as
8 provided for in this act or otherwise provided for in state law, and one-half shall be used to provide Palmetto Fellows
9 Scholarships under Section 59-104-20 of the 1976 Code in the manner the General Assembly shall provide in the annual
10 general appropriations act.
11 (5) The maximum amount of funding provided for awards to students attending South Carolina independent colleges
12 from the Children's Education Endowment Fund for South Carolina Tuition Grants and Palmetto Fellows scholarships shall
13 not exceed the percentage funding calculation described under item (1) above.
14
15
16 SECTION 21
17
18 (USC Athletic Facility Revenue Bond Act) - DELETED
19
20
21 SECTION 22
22
23 (Higher Education Revenue Bond Act) - DELETED
24
25
26 SECTION 23
27
28 (Repeal Business-Ed Partnership & Business Ed Subcommittee) - DELETED
29
30
31 SECTION 24
32
33
34 TO AMEND TITLE 59 OF THE 1976 CODE, RELATING TO EDUCATION, BY ADDING CHAPTER 144 SO AS
35 TO PROVIDE FOR A PUBLIC SCHOOL FACILITIES ASSISTANCE PROGRAM WHICH ESTABLISHES THE
36 MANNER IN WHICH FUNDS AVAILABLE FROM THE CHILDREN'S EDUCATION ENDOWMENT SHALL BE
37 USED TO CONSTRUCT AND RENOVATE PUBLIC SCHOOL FACILITIES AND FOR OTHER EDUCATIONAL
38 PURPOSES.
39 Amend Title to Conform
40
41 A. Title 59 of the 1976 Code is amended by adding:
PART II PAGE 594
1 "CHAPTER 144
2
3 Public School Facilities Assistance Act
4
5 Article 1
6
7 General Provisions
8
9 Section 59-144-10. This chapter may be cited as the `Public School Facilities Assistance Act'. Funds available from
10 the Children's Education Endowment, as established in Chapter 143 of this title, must be used for the purposes of the Public
11 School Facilities Assistance Act as provided in this chapter.
12
13 Section 59-144-20. For the benefit of the people of the State and the increase of their commerce, welfare, and
14 prosperity, it is essential that the school districts of this State be assisted in obtaining adequate school facilities to assist youth
15 in achieving the required levels of learning. It is the purpose of this chapter to provide a measure of assistance to the school
16 districts of this State in securing the facilities and structures which are needed to accomplish the goals and purposes of public
17 education, all to the public benefit and good, to the extent and manner provided in this chapter.
18
19 Section 59-144-30. Funds made available through this chapter must be used for permanent school instructional
20 facilities and fixed equipment including the costs for construction, improvement, enlargement, or renovation of public school
21 facilities. However, after all construction and renovation needs identified in a district's school facilities improvement plan
22 have been met, the district may request to use its allocation for payment of debt service. As used in this chapter, `school
23 facilities' only includes facilities necessary for instructional and related purposes including, but not limited to, classrooms,
24 libraries, media centers, laboratories, cafeterias, physical education spaces, related interior and exterior facilities, and the
25 conduit, wiring, and powering of hardware installations for classroom computers or for area network systems. `School
26 facilities' does not include unimproved real property, centralized district administration facilities, portable classrooms, or
27 other facilities, including those normally identified with interscholastic sports activities. As used in this chapter, fixed
28 equipment means a fixture as defined in Section 36-9-313(1)(a).
29
30 Section 59-144-40. There is created the School Facilities Assistance Authority, hereinafter in this chapter referred
31 to as the `authority'. The authority is declared to be a state agency and may exercise any power conferred upon it by this
32 chapter in the performance of its duties and responsibilities. The authority shall consist of the members of the State Budget
33 and Control Board who shall serve ex officio, and all the functions and powers of the authority under this chapter are hereby
34 conferred upon the State Budget and Control Board in order to perform its duties and responsibilities under this chapter.
35
36 Section 59-144-50. From annual allotments made to the various districts by the authority, a school district may
37 accumulate its allotments for up to seventy-two months to meet the facilities' needs identified in its capital improvement plan.
38
39 Section 59-144-60. Of the total amount made available for allotments to the school districts, a specified amount must
40 be set aside for a Special Needs Grants program by the authority. These funds must be used pursuant to Section 59-144-220
41 for established critical needs where a lack of financial resources prevents significant progress in meeting those needs. The
42 funding for this Special Needs Grants program shall not exceed ten percent of the total funds available for allotments to the
PART II PAGE 595
1 school districts. Any unallocated funds from the Special Needs Grants program must be reallocated annually to the school
2 districts using the formula established by this chapter.
3
4 Article 2
5
6 School Facilities Assistance Allocation
7
8 Section 59-144-100. Funds made available under this chapter must be allotted annually to the school districts using
9 formulas based on facilities' needs, past fiscal effort in providing for facilities, and district wealth. This allocation shall be
10 made in the following manner:
11 (a) Fifty percent of the funds allocated annually to the several school districts for facilities' needs must be distributed
12 based on a standardized assessment of the districts' needs for facilities using a uniform estimate of costs as established in
13 Section 59-144-120. Individual district allotments must be based on the district facilities need relative to the state total
14 facilities need. For the first year's allotment, however, the school districts' facilities' needs must be defined as the amount
15 of needs reported in the 1994 Department of Education Facilities Report. For the first two years of the program, district
16 allotments must be adjusted for an overstatement or an understatement of need. As the uniform assessment of needs and the
17 standardized cost allowances are implemented and as district facilities' needs are verified, subsequent district allotments must
18 be adjusted to correct for an overstatement of needs in any previous year.
19 (b) Twenty-five percent of the funds allocated annually to the school districts must be distributed based on equalized
20 effort defined as the prior five years' average expenditures for capital projects and debt service, including lease-purchase
21 obligations, for school instructional facilities divided by the average assessed value of all property subject to ad valorem
22 school taxation and adjusted to reflect an equalized per pupil mill value. Individual district allotments must be based on a
23 district's equalized effort relative to the state total equalized effort. The amount included for lease-purchase obligations shall
24 not include the costs of utilities or operation and maintenance of the leased facility.
25 (c) Twenty-five percent of the funds allocated annually must be distributed based on relative district wealth. Individual
26 district allotments must be based on the prior year's Education Finance Act allocation relative to the state total allocation
27 except that an adjustment must be made to provide a minimum factor as established by the State Board of Education so that
28 a district shall qualify for a minimum amount of funding.
29 (d) A district's annual allotment must be the sum of the three amounts calculated as provided in this section. Funds
30 from a district's allotment shall be made available as needed once approval is received from the State Board of Education
31 pursuant to Chapter 23 of this title.
32
33 Section 59-144-120. The State Board of Education responsibilities in regard to this chapter include:
34 (1) adopting policies, guidelines, and standards for a comprehensive school facility survey with annual updates to be
35 undertaken by every district. The survey shall include a description of all existing school facilities and a list of needed
36 renovations, modifications, and new construction projects. The Department of Education shall provide consultation and
37 technical assistance with regard to the survey. The survey must be filed with the Department of Education and may be revised
38 by the district following established guidelines. Funds under this chapter will be withheld until a school district has assisted
39 with and complied with this survey. This comprehensive survey shall serve as the basis for a uniform statewide school
40 facilities inventory and data base on building conditions and maintenance management. To this end, the Department of
41 Education shall review district surveys to ensure complete and uniform reporting;
42 (2) adopting policies, guidelines, and regulations for district five-year comprehensive school facilities improvement
PART II PAGE 596
1 plans with annual updates. Local school district facilities construction plans shall include, but are not limited to, a list of
2 construction projects currently eligible for funding under this chapter, school facilities projected as needed five years in the
3 future, and proposed new construction, alterations, and renovations as appropriate for instructional programs to be listed in
4 priority order;
5 (3) developing policies, guidelines, and standards for a uniform assessment of facilities' needs and standardized cost
6 allowances for estimating the cost in meeting these needs in order to provide for a systematic reporting of each district's
7 needs to be used in calculating the allotment of funds under Section 59-144-100. Any standardized cost allowances must
8 take into account regional variances that are beyond the control of individual districts. Facilities' needs include, but are not
9 limited to, facility need capacity and condition, space requirements, program standards, and pupil growth. Costs allowances
10 shall be developed to include such measures as costs per square foot, costs per pupil, or costs per teaching unit with such
11 costs adjusted annually to reflect changes in the cost of labor and materials. These standards and cost allowances are to be
12 used only for providing a uniform reporting of districts' needs for formula allotment purposes and are not intended to limit
13 district options in determining the most appropriate manner in which to meet individual district needs;
14 (4) developing policies and guidelines for school districts to notify the State Board of Education of the anticipated times
15 of expenditures from district allotments for school facilities funding under this chapter;
16 (5) adopting policies, standards, and regulations to ensure the accuracy of district reporting required under this chapter
17 and the use of funds disbursed under this chapter; and
18 (6) establishing policies, standards, and regulations for determining projects eligible for funding under the Special
19 Needs Grants program due to:
20 (a) extraordinary growth of student population in excess of the efficient operating capacity of existing facilities;
21 (b) replacement of educational facilities certified by the Department of Education as hazardous to health and
22 safety;
23 (c) needed renovations, modernization, or replacement of educational facilities in order to correct deficiencies
24 which produce educationally obsolete or inaccessible environments;
25 (d) natural disasters; and
26 (e) consolidation of school attendance areas to improve efficiency and offer a broader range of educational
27 programs for students.
28
29 Section 59-144-130. Every three years by December first beginning with the year 1998, the State Board of Education
30 shall report to the General Assembly the projected five-year school facilities improvement requirements reported by the
31 school districts, the needs identified since the last report, and those previously identified needs addressed since the last report.
32
33 Section 59-144-140. The Department of Education's responsibilities shall include:
34 (1) providing staffing assistance to the State Board of Education in the development of policies, guidelines, standards,
35 and regulations implementing this chapter;
36 (2) providing technical assistance to school districts in completing the comprehensive school facilities survey and annual
37 updates and assisting districts in developing their five-year comprehensive school facilities improvement plans;
38 (3) ensuring compliance with state standards and requirements, inspecting construction projects for education facilities,
39 and approving completed construction pursuant to Chapter 23 of this title for projects financed in whole or in part with funds
40 allocated under this chapter. To assist with the inspection of construction projects, the State Board of Education may
41 designate selected local units of administration which have staff qualified to conduct the inspections to act on behalf of the
42 Department of Education; and
PART II PAGE 597
1 (4) reviewing each district's school facility surveys, funding applications, and financial reports to ensure compliance
2 with the intent of this chapter.
3
4 Section 59-144-150. To qualify for funds under this chapter, each school district shall meet the provisions of this
5 chapter and any regulations promulgated hereunder. Funds must be withheld from districts when inappropriate reporting
6 of facilities' needs is found or when inappropriate use of funds is documented.
7
8 Section 59-144-170. By December 1, 1998, the State Board of Education shall recommend to the General Assembly
9 changes to be made to this chapter regarding program objectives, appropriate funding levels, and funding allotment formulas.
10
11 Article 3
12
13 Special Needs Grants
14
15 Section 59-144-200. Special Needs Grants funding shall be made available to school districts through the Joint Bond
16 Review Committee. Facilities' needs approved by the State Board of Education and determined to be eligible for this Special
17 Needs Grants program must be forwarded to the Joint Bond Review Committee for a determination of the projects to be
18 funded annually. In addition, annual funding for instructional facilities' needs at the special school district within the
19 Department of Juvenile Justice must be received from Special Needs Grants funding.
20
21 Section 59-144-210. The State Board of Education shall report to the Joint Bond Review Committee the applications
22 for projects which are eligible for Special Needs Grants funding. The Joint Bond Review Committee shall rank the eligible
23 projects by priority statewide on the basis of facility need capacity and condition, district ability to fund, pupil growth, and
24 district past efforts to fund instructional facilities. The grants provided under this Special Needs Grants program for eligible
25 educational facilities do not need to be identical among all grant recipients, but may take into consideration a district's fiscal
26 capacity and past efforts to meet facility needs.
27
28 Section 59-144-220. To assist school districts of this State in providing adequate school facilities under the Special
29 Needs Grants program, the Joint Bond Review Committee may enter into grant agreements with school districts to finance
30 a portion of the cost of a project due to:
31 (1) extraordinary growth of student population in excess of the efficient operating capacity of existing facilities;
32 (2) replacement of educational facilities certified by the Department of Education as hazardous to health and safety;
33 (3) needed renovations, modernization, or replacement of educational facilities in order to correct deficiencies which
34 produce educationally obsolete or inaccessible environments;
35 (4) natural disasters; and
36 (5) consolidation of school attendance areas to improve efficiency and offer a broader range of educational programs
37 for students.
38
39 Section 59-144-230. Before implementing the Special Needs Grants program, the Joint Bond Review Committee, in
40 conjunction with the State Board of Education, shall adopt regulations as needed to implement the program, including:
41 (1) any continuing requirements that must be met by a school district and by a project after the giving of state grants
42 or during the term of the grant;
PART II PAGE 598
1 (2) requirements for the planning, design, construction, and completion of a project or portion of a project to be
2 financed in whole or in part with a state grant, to be consistent with existing provisions of law and State Board of Education
3 regulations and guidelines;
4 (3) the manner in which a participating school district shall give evidence of satisfactory financing for that portion
5 of the school district's match which shall be required as part of the grant agreement with the district.
6
7 Section 59-144-240. A school district's match for the Special Needs Grants program may be met in whole or in part
8 with current funds on hand, district allotment from the school building fund, and the Education Improvement Act building
9 fund, or from the proceeds of local obligations, including general obligation bonds, use agreements, or similar obligations.
10
11 Section 59-144-250. (A) Funding for the special school district within the Department of Juvenile Justice shall be
12 allotted annually from Special Needs Grants funds based on a modification of the formula for regular districts using facilities'
13 needs, derived effort in providing for facilities, and derived district wealth in the manner provided in this section.
14 (B) The allotment for facilities' needs must be the same amount as allotted to a regular school district with the same
15 relative need compared to the state total facilities need as calculated under Section 59-144-100(a). The Department of
16 Juvenile Justice shall follow the standardized assessment of district needs using a uniform estimate of costs as established
17 in Section 59-144-120.
18 (C) The funds allocated annually based on effort shall be calculated using the statewide average allocation for effort
19 per pupil for school districts pursuant to Section 59-144-100(b) multiplied by number of kindergarten though grade twelve
20 students served by the individual district.
21 (D) The funds allocated annually based on district wealth must be the same as the minimum amount given to regular
22 school districts pursuant to Section 59-144-100(c) using the minimum wealth factor.
23 (E) The allotment for the Department of Juvenile Justice shall be the sum of the three amounts calculated as provided
24 in this section.
25
26 Section 59-144-260. Funds may be withheld from a district until it has complied with the requirements of Section
27 59-144-120 to receive funds from the Special Needs Grants program. Funds from a district's allotment shall be made
28 available as needed once approval for the project is received from the State Board of Education pursuant to Chapter 23 of
29 this title and the Department of Juvenile Justices' funds shall be available once approval is received from the Joint Bond
30 Review Committee. Funds shall be withheld from districts when inappropriate reporting of facilities' needs is found or when
31 inappropriate use of funds is documented.
32
33 Article 4
34
35 School Facilities Assistance for School Districts
36
37 Section 59-144-300. The authority, in its role as manager of the Children's Education Endowment, may assist school
38 districts of this State in providing school facilities, and for this purpose the authority may:
39 (1) adopt regulations for the conduct of its affairs and business;
40 (2) adopt an official seal and alter it;
41 (3) maintain an office at a place it designates;
42 (4) sue and be sued in its own name;
PART II PAGE 599
1 (5) use such state funds as appropriated by the General Assembly for the purposes of this chapter; and
2 (6) do all things necessary or convenient to carry out the purposes of this chapter.
3
4 Section 59-144-310. In addition to any other contractual remedies, a grant agreement may be enforced according to
5 its terms and conditions in the Circuit Court of this State, and the court may utilize the process of injunction or mandamus
6 to effect the enforcement of the agreement.
7
8 Section 59-144-320. School districts may perform acts, take actions, adopt proceedings, and make and carry out grant
9 agreements which are contemplated by this chapter. The grant agreements do not need to be identical among all participants
10 in the financing of the authority but may be structured as determined by the authority according to the needs of the
11 participating school districts and the authority.
12
13 Section 59-144-330. All expenses incurred in carrying out the provisions of this chapter are payable solely from funds
14 as prescribed in this chapter and no liability may be incurred by the authority beyond monies provided under the provisions
15 of this chapter. The State may make allocations or grants of money or property to the authority to enable it to carry out its
16 purposes and for the exercise of its powers. This section may not be construed to limit any other power to make grants to
17 the authority."
18
19 B. This section takes effect July 1, 1996.
20
21
22 SECTION 25
23
24 TO AMEND SECTION 14-1-200 OF THE 1976 CODE, RELATING TO THE SALARIES OF SUPREME COURT
25 JUSTICES, JUDGES OF THE COURT OF APPEALS, CIRCUIT COURT, AND FAMILY COURT, AND CIRCUIT
26 SOLICITORS, SO AS TO DELETE REFERENCES TO CIRCUIT SOLICITORS IN THE SECTION; AND TO
27 AMEND THE 1976 CODE BY ADDING SECTION 1-7-1000 SO AS TO PROVIDE THAT CIRCUIT SOLICITORS
28 SHALL RECEIVE A SALARY AS PROVIDED BY THE GENERAL ASSEMBLY IN THE ANNUAL GENERAL
29 APPROPRIATION ACT.
30 Amend Title to Conform
31
32 A. Section 14-1-200 of the 1976 Code is amended to read:
33
34 "Section 14-1-200. The General Assembly shall establish the salary of the Chief Justice and Associate Justices of the
35 Supreme Court in the annual general appropriation act and shall fix the salaries for the court of appeals, circuit court, and
36 family court, and circuit solicitors according to the following schedule:
37 (1) The chief judge of the court of appeals shall receive a salary in an amount not to exceed ninety-nine percent of the
38 salary fixed for Associate Justices of the Supreme Court;
39 (2) Judges of the court of appeals and circuit court judges shall receive a salary in an amount not to exceed ninety-five
40 percent of the salary fixed for Associate Justices of the Supreme Court;
41 (3) Judges of the family court and circuit solicitors shall receive a salary in an amount not to exceed ninety percent of
42 the salary fixed for judges of the court of appeals and circuit court.
PART II PAGE 600
1 B. The 1976 Code is amended by adding:
2
3 "Section 1-7-1000. Circuit solicitors shall receive a salary as provided by the General Assembly in the annual general
4 appropriation act."
5
6 C. This section takes effect July 1, 1996.
7
8
9 SECTION 26
10
11 TO AMEND SECTION 16-3-26, AS AMENDED, OF THE 1976 CODE, RELATING TO THE NOTICE THE
12 SOLICITOR MUST GIVE TO A DEFENSE ATTORNEY WHEN HE SEEKS THE DEATH PENALTY, THE
13 APPOINTMENT OF ATTORNEYS, AND THE PROVISION OF INVESTIGATIVE, EXPERT, OR OTHER
14 SERVICES TO INDIGENT PERSONS FACING THE DEATH PENALTY, SO AS TO REVISE THE PROVISIONS
15 RELATING TO THE PAYMENT OF FEES AND EXPENSES ASSOCIATED WITH THE DEFENSE OF CERTAIN
16 INDIGENTS, AND THE QUALIFICATIONS AND APPOINTMENT OF ATTORNEYS HANDLING DEATH
17 PENALTY CASES; TO AMEND SECTION 17-3-30, AS AMENDED, RELATING TO INDIGENTS WHO HAVE
18 BEEN APPOINTED LEGAL COUNSEL, CERTAIN FEES THESE PERSONS ARE REQUIRED TO PAY FOR
19 LEGAL SERVICES, AND FUNDS SET ASIDE FOR THE DEFENSE OF INDIGENT, SO AS TO REVISE THE
20 PROCESS OF COLLECTING FEES FROM INDIGENTS WHO HAVE BEEN APPOINTED LEGAL COUNSEL;
21 TO AMEND SECTION 17-3-330, AS AMENDED, RELATING TO DUTIES OF THE OFFICE OF INDIGENT
22 DEFENSE, SO AS TO PROVIDE FOR THE DISTRIBUTION OF UNEXPENDED FUNDS AND THE
23 QUALIFICATIONS A PERSON SHALL POSSESS TO BE APPOINTED BY THE COURT AND COMPENSATED
24 BY THE DEATH PENALTY TRIAL FUND.
25 Amend Title To Conform
26
27 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
28 IB, Act 145 of 1995, is further amended to read:
29
30 "Section 16-3-26. (A) [From and after July 1, 1996, this section reads as follows:] Whenever the solicitor seeks the
31 death penalty he shall notify the defense attorney of his intention to seek such penalty at least thirty days prior to the trial
32 of the case. At the request of the defense attorney, the defense attorney shall be excused from all other trial duties ten days
33 prior to the term of court in which the trial is to be held.
34 (B) Whenever any person is charged with murder and the death penalty is sought, the court, upon determining that
35 such person is unable financially to retain adequate legal counsel, shall appoint two attorneys to defend such person in the
36 trial of the action. One of the attorneys so appointed shall have at least five years' experience as a licensed attorney and at
37 least three years' experience in the actual trial of felony cases, and only one of the attorneys so appointed shall be the Public
38 Defender or a member of his staff. In all cases where no conflict exists, the public defender or member of his staff shall
39 be appointed if qualified. If a conflict exists, the court shall then turn first to the contract public defender attorneys, if
40 qualified, before turning to the Office of Indigent Defense.
41 Notwithstanding any other provision of law, the court shall order payment of all fees and costs from funds available
42 to the Office of Indigent Defense for the defense of indigent. Any attorney appointed shall be compensated at a rate not to
PART II PAGE 601
1 exceed fifty dollars an hour for time expended out of court and seventy-five dollars an hour for time expended in court.
2 Compensation shall not exceed twenty-five thousand dollars and shall be paid from funds available to the Office of Indigent
3 Defense for the defense of indigent represented by court-appointed, private counsel.
4 (C) Upon a finding in ex parte proceedings that investigative, expert, or other services are reasonably necessary for
5 the representation of the defendant whether in connection with issues relating to guilt or sentence, the court shall authorize
6 the defendant's attorneys to obtain such services on behalf of the defendant and shall order the payment, from funds available
7 to the Office of Indigent Defense, of fees and expenses not to exceed twenty-five hundred dollars as the court shall deem
8 appropriate. Payment of such fees and expenses may be ordered in cases where the defendant is an indigent represented by
9 either court-appointed, private counsel or the public defender.
10 (D) Payment in excess of the hourly rates and limit in subsection (B) or (C) is authorized only if the court certifies,
11 in a written order with specific findings of fact, that payment in excess of the rates is necessary to provide compensation
12 adequate to ensure effective assistance of counsel and payment in excess of the limit is appropriate because the services
13 provided were reasonably and necessarily incurred. Upon a finding that timely procurement of such services cannot await
14 prior authorization, the court may authorize the provision of and payment for such services nunc pro tunc.
15 (E) After completion of the trial, the court shall conduct a hearing to review and validate the fees, costs, and other
16 expenditures on behalf of the defendant.
17 (F) The Supreme Court shall promulgate guidelines on the expertise and qualifications necessary for attorneys to be
18 certified as competent to handle death penalty cases.
19 (G) The Office of Indigent Defense shall maintain a list of death penalty qualified attorneys who have applied for and
20 received certification by the Supreme Court as provided for herein. In the event the court appointed counsel notifies the chief
21 administrative judge in writing that he or she does not wish to provide representation in a death penalty case, the chief
22 administrative judge shall advise the Office of Indigent Defense which shall forward a name or names to the chief
23 administrative judge for consideration. The appointment power is vested in the chief administrative judge. The Office of
24 Indigent Defense shall establish guidelines as are necessary to ensure that attorneys' names are presented to the judges on
25 a fair and equitable basis taking into account geography and previous assignments from the list. Efforts shall be made to
26 present an attorney from the area or region where the action is initiated.
27 (A) Whenever the solicitor seeks the death penalty he shall notify the defense attorney of his intention to seek such
28 penalty at least thirty days prior to the trial of the case. At the request of the defense attorney, the defense attorney shall
29 be excused from all other trial duties ten days prior to the term of court in which the trial is to be held.
30 (B) Whenever any person is charged with murder and the death penalty is sought, the court, upon determining that
31 such person is unable financially to retain adequate legal counsel, shall appoint two attorneys to defend such person in the
32 trial of the action. One of the attorneys so appointed shall have at least five years' experience as a licensed attorney and at
33 least three years' experience in the actual trial of felony cases, and only one of the attorneys so appointed shall be the Public
34 Defender or a member of his staff. In all cases where no conflict exists, the public defender or member of his staff shall
35 be appointed if qualified. If a conflict exists, the court shall then turn first to the contract public defender attorneys, if
36 qualified, before turning to the Office of Indigent Defense.
37 Notwithstanding any other provision of law, the court shall order payment of all fees and costs from funds available
38 to the Office of Indigent Defense for the defense of indigent. Any attorney appointed shall be compensated at a rate not to
39 exceed fifty dollars per hour for time expended out of court and seventy-five dollars per hour for time expended in court.
40 Compensation shall not exceed twenty-five thousand dollars and shall be paid from funds available to the Office of Indigent
41 Defense for the defense of indigent represented by court-appointed, private counsel.
42 (C) (1) Upon a finding in ex parte proceedings that investigative, expert, or other services are reasonably necessary
PART II PAGE 602
1 for the representation of the defendant whether in connection with issues relating to guilt or sentence, the court shall
2 authorize the defendant's attorneys to obtain such services on behalf of the defendant and shall order the payment, from funds
3 available to the Office of Indigent Defense, of fees and expenses not to exceed twenty thousand dollars as the court shall
4 deem appropriate. Payment of such fees and expenses may be ordered in cases where the defendant is an indigent
5 represented by either court-appointed, private counsel or the public defender.
6 (2) Court-appointed counsel seeking payment for fees and expenses shall request these payments from the Office
7 of Indigent Defense within thirty days after the completion of the case. For the purposes of this statute, exhaustion of the
8 funds shall occur if the funds administered by the Office of Indigent Defense and reserved for death penalty fees and expenses
9 have been reduced to zero. If either the Death Penalty Trial Fund or the Conflict Fund has been exhausted in a month and
10 the other fund contains money not scheduled to be disbursed in that month, then the Indigent Defense Commission must
11 transfer a sufficient amount from the fund with the positive fund balance to the fund with no balance and pay the obligation
12 to the extent possible.
13 (D) Payment in excess of the hourly rates and limit in subsection (B) or (C) is authorized only if the court certifies,
14 in a written order with specific findings of fact, that payment in excess of the rates is necessary to provide compensation
15 adequate to ensure effective assistance of counsel and payment in excess of the limit is appropriate because the services
16 provided were reasonably and necessarily incurred. Upon a finding that timely procurement of such services cannot await
17 prior authorization, the court may authorize the provision of and payment for such services nunc pro tunc.
18 (E) After completion of the trial, the court shall conduct a hearing to review and validate the fees, costs, and other
19 expenditures on behalf of the defendant.
20 (F) The Supreme Court shall promulgate guidelines on the expertise and qualifications necessary for attorneys to be
21 certified as competent to handle death penalty cases.
22 (G) The Office of Indigent Defense shall maintain a list of death penalty qualified attorneys who have applied for and
23 received certification by the Supreme Court as provided for herein. In the event the court appointed counsel notifies the chief
24 administrative judge in writing that he or she does not wish to provide representation in a death penalty case the chief
25 administrative judge shall advise the Office of Indigent Defense which shall forward a name or names to the chief
26 administrative judge for consideration. The appointment power is vested in the chief administrative judge. The Office of
27 Indigent Defense shall establish guidelines as are necessary to ensure that attorneys' names are presented to the judges on
28 a fair and equitable basis taking into account geography and previous assignments from the list. Efforts shall be made to
29 present an attorney from the area or region where the action is initiated.
30 (H) The payment schedule set forth herein, as amended by Act 164 of 1993, shall apply to any case for which trial
31 occurs on or after July 1, 1993.
32 (I) Notwithstanding another provision of law, only attorneys who are licensed to practice in this State and residents
33 of this State may be appointed by the Court and compensated with funds appropriated to the Death Penalty Trial Fund in
34 the Office of Indigent Defense. This proviso shall not pertain to any case in which council has been appointed on the
35 effective date of this Act.
36 (J) The Judicial Department biennially shall develop and make available to the public a list of standard fees and
37 expenses associated with the defense of an indigent person in a death penalty case."
38
39 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
40 IB, Act 145 of 1995, is further amended to read:
41
42 "Section 17-3-30. (A) A person to whom counsel has been provided shall execute an affidavit that he is financially
PART II PAGE 603
1 unable to employ counsel and that affidavit shall set forth all his assets. If it appears that the person has some assets but
2 they are insufficient to employ private counsel, the court, in its discretion, may order the person to pay these assets to the
3 defender corporation of the county or counties wherein he is being represented or, if a defender corporation does not exist
4 therein, to the judicial department of the State of South Carolina.
5 (B) A twenty-five dollar application fee for public defender services must be collected from every person who executes
6 an affidavit that he is financially unable to employ counsel. The person may apply to the clerk of court or other appropriate
7 official for a waiver or reduction in the application fee. If the clerk or other appropriate official determines that the person
8 is unable to pay the application fee, the fee may be waived or reduced. The clerk of court or other appropriate official shall
9 collect the application fee imposed by this section and remit the proceeds to the state fund on a monthly basis. The monies
10 must be deposited in an interest-bearing account separate from the general fund and used only to provide for indigent defense
11 services. The monies shall be administered by the Office of Indigent Defense. The monies collected pursuant to this
12 provision shall be used for the payment of court-appointed private counsel to represent indigent defendants and the fees and
13 expenses court-ordered in the defense of all indigent whether they are represented by the public defender corporation of the
14 county or court-appointed private counsel. However, each county public defender corporation shall receive an annual
15 appropriation from this fund.
16 (C) Sufficient funds shall be set aside from allocations provided for the defense of indigent to provide for adequate
17 screening of applications for indigent assistance to ensure the applicant is qualified.
18 (A) A person to whom counsel has been provided shall execute an affidavit that he is financially unable to employ
19 counsel and that affidavit shall set forth all his assets. If it appears that the person has some assets but they are insufficient
20 to employ private counsel, the court, in its discretion, may order the person to pay these assets to the defender corporation
21 of the county or counties wherein he is being represented or, if a defender corporation does not exist therein, to the Office
22 of Indigent Defense of the State of South Carolina.
23 (B) A twenty-five dollar application fee for public defender services must be collected from every person who executes
24 an affidavit that he is financially unable to employ counsel. The person may apply to the clerk of court or other appropriate
25 official for a waiver or reduction in the application fee. If the clerk or other appropriate official determines that the person
26 is unable to pay the application fee, the fee may be waived or reduced. The clerk of court or other appropriate official shall
27 collect the application fee imposed by this section and remit the proceeds to the state fund on a monthly basis. The monies
28 must be deposited in an interest-bearing account separate from the general fund and used only to provide for indigent defense
29 services. The monies shall be administered by the Office of Indigent Defense.
30 (C) Sufficient funds shall be set aside from allocations provided for the defense of indigent to provide for adequate
31 screening of applications for indigent assistance to ensure the applicant is qualified."
32
33 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
34 IB, Act 145 of 1995, is further amended to read:
35
36 "Section 17-3-330. (A) The Office of Indigent Defense shall:
37 (1) serve as the entity which distributes all funds appropriated by the General Assembly for the defense of
38 indigent, including funds allocated to counties pursuant to formula, funds for the defense of capital cases, and other funds
39 appropriated for these purposes;
40 (2) perform those functions provided under Section 16-3-26(G);
41 (3) serve as a resource for the compilation of accurate statistical data covering the indigent defense system in this
42 State;
PART II PAGE 604
1 (4) implement other duties the commission may direct; and
2 (5) report annually to the General Assembly on the indigent defense system.
3 (A) The Office of Indigent Defense shall:
4 (1) serve as the entity which distributes all funds appropriated by the General Assembly for the defense of
5 indigent, including funds allocated to counties' public defender offices pursuant to formula, funds for the defense of capital
6 cases, funds for attorney fees and expenses in non-capital cases, and other funds appropriated for these purposes;
7 (2) perform those functions provided under Section 16-3-26(G);
8 (3) serve as a resource for the compilation of accurate statistical data covering the indigent defense system in
9 this State;
10 (4) implement other duties the commission may direct; and
11 (5) report annually to the General Assembly on the indigent defense system.
12 (B) On or about June 30, 1994 and every year thereafter on that date, if the Office of Indigent Defense determines,
13 after taking into consideration all outstanding obligations against the fund for payment of attorney fees and expenses in non-
14 capital cases, that unexpended funds remain, these funds shall be rolled over into the fund for payment of attorney fees and
15 expenses in capital cases; provided however this shall occur only in the event the funds in the capital fund have been
16 exhausted at that time. This fund shall at no time exceed $2,750,000.
17 (C) Notwithstanding another provision of law, only attorneys who are licensed to practice in this State and residents
18 of this State may be appointed by the court and compensated with funds appropriated to the Death Penalty Trial Fund in the
19 Office of Indigent Defense."
20
21 D. This section takes effect July 1, 1996.
22
23
24 SECTION 27
25
26 TO PROVIDE THAT THE DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE DIVISION OF SECURITIES
27 OF THE OFFICE OF THE SECRETARY OF STATE ARE DEVOLVED UPON THE ATTORNEY GENERAL'S
28 OFFICE ON JULY 1, 1996, TO PROVIDE THAT THE ATTORNEY GENERAL SHALL ADMINISTER THE
29 SOUTH CAROLINA UNIFORM SECURITIES ACT AND SHALL SERVE EX OFFICIO AS THE SECURITIES
30 COMMISSIONER, TO PROVIDE THAT ALL PERSONNEL, APPROPRIATIONS, AND FULL-TIME
31 EQUIVALENT POSITIONS OF THE DIVISION OF SECURITIES ALSO SHALL BE TRANSFERRED TO THE
32 ATTORNEY GENERAL'S OFFICE ON JULY 1, 1996; TO AMEND THE 1976 CODE BY ADDING SECTION
33 35-1-220 SO AS TO ALLOW THE ATTORNEY GENERAL TO RETAIN A PORTION OF FEES AND PROCEEDS
34 IN SETTLEMENT OF VIOLATIONS TO OFFSET COSTS OF ADMINISTERING THE UNIFORM SECURITIES
35 ACT; AND TO AMEND SECTIONS 35-1-20 AND 35-1-30 OF THE 1976 CODE, RELATING TO THE UNIFORM
36 SECURITIES ACT, SO AS TO REFLECT THE ATTORNEY GENERAL AS BEING THE SECURITIES
37 COMMISSIONER WHO SHALL ADMINISTER THE ACT.
38
39 A. The duties, functions, and responsibilities of the Division of Securities of the office of the Secretary of State are hereby
40 devolved upon the Attorney General's office on July 1, 1996. All personnel, appropriations, and full-time equivalent
41 positions of the Division of Securities also shall be transferred to the Attorney General's office on July 1, 1996.
42
PART II PAGE 605
1 B. The Attorney General shall administer the South Carolina Uniform Securities Act as contained in Chapter 1 of Title 35
2 of the 1976 Code and shall serve ex officio as the Securities Commissioner.
3
4 C. Article 1, Chapter 1, Title 35 of the 1976 Code is amended by adding:
5
6 "Section 35-1-220. (A) Fee revenues collected pursuant to this chapter in excess of such revenues credited to the
7 general fund of the State in Fiscal Year 1995-96 may be retained by the Attorney General and used for the operations of the
8 Securities Division.
9 (B) The Attorney General may retain the first two hundred fifty thousand dollars received by the Division of Securities
10 in a fiscal year in settlement of litigation enforcement action and reimbursements of expenses arising from violations under
11 this chapter to offset investigative, prosecutive, and administrative costs of enforcing this chapter."
12
13 D. Section 35-1-20(1) of the 1976 Code is amended to read:
14
15 "(1) `Securities Commissioner' means Secretary of State Attorney General, who shall be ex officio Securities
16 Commissioner."
17
18 E. Section 35-1-30 of the 1976 Code is amended to read:
19
20 "Section 35-1-30. This chapter shall be administered by the Secretary of State Attorney General, who shall be ex
21 officio the Securities Commissioner and who may employ such additional assistants at such salaries as may be authorized
22 by the General Assembly."
23
24 F. This section takes effect July 1, 1996.
25
26
27 SECTION 28
28
29 TO PROVIDE THAT THE DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE DIVISION OF PUBLIC
30 CHARITIES OF THE OFFICE OF THE SECRETARY OF STATE ARE DEVOLVED UPON THE ATTORNEY
31 GENERAL'S OFFICE ON JULY 1, 1996; TO TRANSFER ALL PERSONNEL, APPROPRIATIONS, AND
32 FULL-TIME EQUIVALENT POSITIONS OF THE DIVISION OF PUBLIC CHARITIES TO THE ATTORNEY
33 GENERAL'S OFFICE ON JULY 1, 1996; TO PROVIDE THAT THE ATTORNEY GENERAL SHALL
34 ADMINISTER THE "SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT"; AND TO AMEND
35 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,
36 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
37 THE SOLICITATION OF CHARITABLE FUNDS, SO AS TO DELETE REFERENCES TO THE SECRETARY OF
38 STATE AND REFLECT THE ATTORNEY GENERAL AND HIS OFFICE AS THE OFFICIAL AND THE AGENCY
39 TO ADMINISTER THE PROVISIONS OF THE "SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS
40 ACT" AND TO ALLOW THE ATTORNEY GENERAL TO RETAIN A PORTION OF ADMINISTRATIVE FINES
41 TO OFFSET THE EXPENSES OF ENFORCEMENT.
42 Amend Title To Conform
PART II PAGE 606
1 A. The duties, functions, and responsibilities of the Division of Public Charities of the office of the Secretary of State are
2 devolved upon the Attorney General's office on July 1, 1996. All personnel, appropriations, and full-time equivalent
3 positions of the Division of Public Charities also are transferred to the Attorney General's office on July 1, 1996.
4
5 B. The Attorney General shall administer the "South Carolina Solicitation of Charitable Funds Act" as contained in Chapter
6 56 of Title 33 of the 1976 Code.
7
8 C. Section 33-56-20 of the 1976 Code, as added by Act 461 of 1994, is amended by deleting:
9
10 "(5) `Secretary' means the Secretary of State."
11
12 D. Section 33-56-30 of the 1976 Code, as added by Act 461 of 1994, is amended to read:
13
14 "Section 33-56-30. Except as otherwise provided in this chapter, every charitable organization which intends to solicit
15 contributions within this State or have contributions solicited on its behalf shall file a registration statement with the secretary
16 Attorney General on forms prescribed by the secretary Attorney General by July first of each year but in all cases prior to
17 solicitation. It is the duty of the chief executive officer or chief financial officer of each charitable organization to file the
18 statements required under this chapter. The statements must be sworn to and contain:
19 (1) the name of the organization;
20 (2) the purpose for which it was organized;
21 (3) the principal address of the organization and the address of any offices in this State. If the organization does not
22 maintain an office, the name and address of the person having custody of its financial records;
23 (4) the names and addresses of the chief executive officer and chief financial officer;
24 (5) the names and addresses of any chapters, branches, or affiliates in this State;
25 (6) the place and date the organization was legally established, the form of its organization, and a reference to any
26 determination of its tax exempt status under the Internal Revenue Code;
27 (7) whether the organization intends to use professional solicitors or hire individuals to solicit;
28 (8) whether it is certified as a tax exempt organization and is authorized by any other governmental authority in this
29 State to solicit contributions;
30 (9) whether it is or has ever been enjoined by any court from soliciting contributions; and
31 (10) the general purpose for which the contributions to be solicited shall be used.
32 The registration forms and other documents prescribed by the Secretary of State Attorney General must be signed by
33 the chief executive officer and chief financial officer of the charitable organization and certified as true. Every charitable
34 organization which submits a registration to the secretary Attorney General must pay an annual registration fee of fifty
35 dollars."
36
37 E. Section 33-56-40 of the 1976 Code, as added by Act 461 of 1994, is amended to read:
38
39 "Section 33-56-40. The Children's Trust Fund of South Carolina as established by Section 20-7-5010 is required to
40 register with the Secretary of State Attorney General but is not required to pay the annual registration fee provided for in
41 Section 33-56-30."
PART II PAGE 607
1 F. Section 33-56-50 of the 1976 Code, as added by Act 461 of 1994, is amended to read:
2
3 "Section 33-56-50. The following are not required to file registration statements with the Secretary of State Attorney
4 General, provided none of its fund-raising activities are carried on by professional solicitors:
5 (1) an educational institution which solicits contributions only from its students and their families, alumni, faculty,
6 friends and other constituencies, trustees, corporations, foundations, and individuals who are interested in and supportive
7 of the programs of the institution;
8 (2) persons requesting contributions for the relief of an individual specified by name at the time of the solicitation when
9 all of the contributions collected without any deductions of any kind are turned over to the named beneficiary for his use,
10 provided that a person soliciting the contributions is not a named beneficiary;
11 (3) charitable organizations which do not intend to solicit nor receive contributions from the public in excess of five
12 thousand dollars during a calendar year or do not receive contributions from more than ten persons during a calendar year,
13 if all of their functions, including fund-raising activities, are carried on by persons who are unpaid for their services and if
14 no part of their assets or income inures to the benefit of or is paid to any officer or member. If the contributions raised from
15 the public, whether all of the contributions are or are not received by a charitable organization during any calendar year,
16 are in excess of five thousand dollars, within thirty days after the date the contributions exceed five thousand dollars, it must
17 register with and report to the department as required by this chapter;
18 (4) organizations which solicit exclusively to their members, including utility cooperatives; and
19 (5) any veteran's organization which has a congressional charter.
20 Any charitable organization claiming to be exempt from the registration provisions of this chapter and which will or
21 does solicit charitable contributions shall submit annually to the secretary Attorney General on forms to be prescribed by the
22 secretary Attorney General, the name, address, and purpose of the organization and a statement setting forth the reason for
23 the claim for exemption. If exempted, the secretary Attorney General or his appropriate division shall issue a letter of
24 exemption which may be exhibited to the public. No filing fee is required of an exempt organization.
25
26 G. Section 33-56-60 of the 1976 Code, as added by Act 461 of 1994, is amended to read:
27
28 "Section 33-56-60. (A) Each charitable organization soliciting funds in this State and not exempt under Section
29 33-56-50, whether individually or collectively with other organizations, shall file a report of its financial activities, on forms
30 prescribed by the Secretary of State Attorney General, certified to be true by the chief executive officer and the chief
31 financial officer of it, in the office of the Secretary of State Attorney General. The report must cover the preceding fiscal
32 year and must be filed within two and one-half months of the close of the organization's fiscal year unless a written extension
33 has been granted by the secretary Attorney General.
34 The report must include:
35 (1) specific and itemized support and revenue statements disclosing direct public support from solicitation, indirect
36 public support, government grants, program service revenue, and any other revenue. The report must disclose the amount
37 of direct public support received from direct mail solicitation, telephone solicitation, commercial co-venturers, door-to-door
38 solicitations, telethons, and all other itemized sources;
39 (2) specific and itemized expense statements disclosing program services, public information expenditures,
40 fund-raising costs, payments to affiliates, management costs, and salaries paid; and
41 (3) balance sheet disclosures containing total assets and liabilities.
42 (B) However, if a charitable organization is required to file Internal Revenue Service Form 990 with the Internal
PART II PAGE 608
1 Revenue Service, the organization may file such form with the secretary Attorney General in lieu of the report required
2 under subsection (A) of this section, provided that the form may exclude such information which the Internal Revenue Service
3 would not release pursuant to a Freedom of Information request.
4 (C) An organization failing to file the report required by this section may be enjoined from further solicitation of funds
5 in this State in an action brought by the Attorney General or secretary. An organization failing to file a timely report
6 required by this section may be assessed by the secretary Attorney General administrative fines not to exceed two thousand
7 dollars."
8
9 H. Section 33-56-70 of the 1976 Code, as added by Act 461 of 1994, is amended to read:
10
11 "Section 33-56-70. Every contract or agreement between professional fund-raising counsel or professional solicitor
12 and a charitable organization must be in writing and filed with the Secretary of State Attorney General within ten days after
13 the contract is made. Every agreement or written statement of the nature of the arrangement to prevail in the absence of
14 a contract between a professional fund-raising counsel or solicitor and a charitable organization must be filed with the
15 Secretary of State Attorney General within ten days after the contract or written agreement is made. Every contract filed
16 under this section must disclose the amount of compensation the professional fund-raising counsel or solicitor will receive,
17 or if there is no flat fee, the percentage of collected revenues the professional fund-raising counsel or solicitor will receive.
18 Every contract or agreement filed under this section must disclose the name and residence address of each person directing
19 or supervising the conduct of services. Every contract or agreement filed under this section and involving telephone
20 solicitation must disclose the location and telephone numbers from which the soliciting will be conducted.
21 Within ninety days after a solicitation campaign has been completed, and on the anniversary of the commencement of
22 a solicitation campaign lasting more than one year, the professional solicitor or the charitable organization must file with the
23 secretary Attorney General a joint financial report for the campaign, including gross revenue and an itemization of expenses.
24 The report must be completed on a form prescribed by the secretary Attorney General and signed by an authorized official
25 of the paid solicitor or an authorized official from the charitable organization and certified to be true.
26 A professional fund-raising counsel, professional solicitor, or charitable organization failing to comply with this section
27 is liable for an administrative fine not to exceed ten dollars for each day of noncompliance, with a maximum fine under each
28 nonregistered agreement of two thousand dollars."
29
30 I. Section 33-56-80 of the 1976 Code, as added by Act 461 of 1994, is amended to read:
31
32 "Section 33-56-80. Registration statements and applications, reports, professional fund-raising counsel contracts or
33 professional solicitor contracts, and all other documents and information required to be filed under this chapter or by the
34 Secretary of State Attorney General are public records in the office of the Secretary of State Attorney General and are open
35 to the general public for inspection at such time and under such conditions as the secretary Attorney General may prescribe.
36 The secretary Attorney General shall publish and make available to the public and to persons subject to this chapter
37 explanatory information concerning this chapter, the duties imposed by this chapter, and the means for enforcing this
38 chapter."
39
40 J. Section 33-56-90(4) of the 1976 Code, as added by Act 461 of 1994, is amended to read:
41
42 "(4) Upon request, a professional solicitor shall display or deliver to the solicited party a copy of his registration
PART II PAGE 609
1 certification from the secretary Attorney General."
2
3 K. Section 33-56-100 of the 1976 Code, as added by Act 461 of 1994, is amended to read:
4
5 "Section 33-56-100. In accordance with the regulations promulgated by the secretary Attorney General, every
6 charitable organization and professional fundraiser subject to the provisions of this chapter shall keep the true fiscal records
7 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
8 to which they relate."
9
10 L. Section 33-56-110 of the 1976 Code, as added by Act 461 of 1994, is amended to read:
11
12 "Section 33-56-110. No person shall act as a professional fund-raising counsel or professional solicitor for a charitable
13 organization subject to the provisions of this chapter, unless he has first registered with the Secretary of State Attorney
14 General. Applications for registration must be in writing under oath or affirmation in the form prescribed by the Secretary
15 of State Attorney General and contain that information as the Secretary of State Attorney General may require. The
16 application for registration by professional fund-raising counsel or professional solicitor must be accompanied by an annual
17 fee of fifty dollars.
18 At the time of making application, professional solicitors shall file with and have approved by the Secretary of State
19 Attorney General a surety bond in which the applicant or his employer shall be the principal obligor in the sum of fifteen
20 thousand dollars with one or more sureties satisfactory to the Secretary of State Attorney General, whose liability in the
21 aggregate as such sureties will at least equal that sum and maintain the bond in effect so long as a registration is in effect.
22 However, a deposit of cash in the amount of fifteen thousand dollars may be accepted in lieu of the bond. The bond shall
23 run to the State of South Carolina for the use of the secretary Attorney General or his appropriate division and any person
24 who may have a cause of action against the obligor of the bonds for losses resulting from malfeasance, nonfeasance, or
25 misfeasance in the conduct of solicitation activities. A partnership or corporation which is a professional solicitor may file
26 a consolidated bond on behalf of all its members, officers, and employees.
27 Each registration is valid throughout the State for one year and may be renewed for additional one-year periods upon
28 written application under oath in the form prescribed by the Secretary of State Attorney General and the payment of the fee
29 prescribed in this chapter.
30 Professional fundraisers or professional fund-raising counsel who fail to comply with the provisions of this section are
31 liable for an administrative fine not to exceed ten dollars for each day of noncompliance, with a maximum fine under this
32 paragraph of two thousand dollars."
33
34 M. Section 33-56-120(2) of the 1976 Code, as added by Act 461 of 1994, is amended to read:
35
36 "(2) No charitable organization, professional fund-raising counsel, or professional solicitor shall use or exploit the fact
37 of registration so as to lead the public to believe that the registration in any way constitutes an endorsement or approval by
38 the State. However, the use of the following statement is not considered a prohibited exploitation: 'Registered with the
39 Secretary of State Attorney General as required by law. Registration does not imply endorsement of a public solicitation
40 for contributions.' "
41
42 N. Section 33-56-130 of the 1976 Code, as added by Act 461 of 1994, is amended to read:
PART II PAGE 610
1 "Section 33-56-130. If any charitable organization, professional fund-raising counsel, or professional solicitor soliciting
2 contributions from people in this State and having a principal place of business outside the State, or organized under and by
3 virtue of the laws of a foreign state, is subject to the provisions of this chapter and does not otherwise appoint a registered
4 agent for service of process, then that charitable organization, professional fund-raising counsel, or professional solicitor is
5 considered to have irrevocably appointed the secretary Attorney General as an agent upon whom may be served summons,
6 subpoena, subpoena duces tecum, or other process directed to the charitable organization, professional fund-raising counsel,
7 or professional solicitor or any partner, principal officer, or director of it in any action or proceeding brought under the
8 provisions of this chapter. Service of process upon the secretary Attorney General must be made by delivering to and leaving
9 with him personally a copy thereof at the office of the secretary Attorney General and the service shall be sufficient service,
10 provided, that notice of the service and a copy of the process are sent by the secretary Attorney General to the charitable
11 organization, professional fund-raising counsel, or professional solicitor, by registered or certified mail with return receipt
12 requested, at the address set forth in the registration form required to be filed with the secretary Attorney General pursuant
13 to this chapter or, in default of the filing of such form, at the last address known to the secretary Attorney General. Service
14 of the process is complete ten days after the receipt by the secretary Attorney General of a return receipt purporting to be
15 signed by the addressee or a person qualified to receive the registered or certified mail, in accordance with the accepted
16 practices of the United States Postal Service, or, if acceptance was refused by the addressee, ten days after the return to the
17 secretary Attorney General of the original envelope bearing a notation by the postal authorities that receipt thereof was
18 refused."
19
20 O. Section 33-56-140 of the 1976 Code, as added by Act 461 of 1994, is amended to read:
21
22 "Section 33-56-140. (1) Upon his own motion or upon complaint of any person, the secretary Attorney General may
23 investigate any charitable organization, professional fund-raising counsel, or professional solicitor to determine whether the
24 charitable organization, professional fund-raising counsel, or professional solicitor has violated the provisions of this chapter
25 or has filed an application or other information required under this chapter which contains false or misleading statements.
26 The secretary Attorney General may subpoena persons and require the production of books, papers, and other documents
27 to aid in the investigation of alleged violations of this chapter.
28 (2) If any charitable organization, professional fund-raising counsel, or professional solicitor fails to file a registration
29 application, statement, report, or other information required to be filed with the secretary Attorney General under this
30 chapter, or violates the provisions of this chapter, the secretary Attorney General shall notify the delinquent charitable
31 organization, professional fund-raising counsel, or professional solicitor of this fact by mailing a notice by registered or
32 certified mail, with return receipt requested, to its last known address. If the required registration application, statement,
33 annual report, assurance of voluntary compliance, or other information is not filed or if the existing violation is not
34 discontinued within fifteen days after the formal notification or receipt of the notice, the secretary Attorney General may
35 assess an administrative fine not to exceed two thousand dollars against the delinquent organization.
36 (3) In addition to all other actions authorized by law, the secretary or Attorney General, if they have he has reason
37 to believe that one or more of the following acts or violations listed below has occurred, may bring an action to enjoin the
38 charitable organization, professional fund-raising counsel, professional solicitor, or other person from continuing the act or
39 violation, doing any other acts in furtherance of it, and for such other relief as to the court considers appropriate:
40 (a) a person is knowingly and wilfully operating in violation of the provisions of this chapter;
41 (b) a person has knowingly and wilfully made any false statement in any registration application, statement,
42 report, or other information required to be filed by this chapter;
PART II PAGE 611
1 (c) a person has failed to file a registration statement or financial report required by this chapter;
2 (d) a person is employed or is about to be employed in any solicitation or collection of contributions any device,
3 scheme, or artifice to defraud or to obtain money or property by means of false pretense, representation, or promise;
4 (e) the officers or representatives of a charitable organization, professional fund-raising counsel, or professional
5 solicitor have refused or failed after notice to produce any records of the organization; or
6 (f) whenever the funds raised by solicitation activities are not devoted or will not be devoted to the charitable
7 purposes of the charitable organization.
8 (4) In addition to the provisions of subsection (3), any person who knowingly and wilfully violates the provisions of
9 this chapter or who knowingly and wilfully gives false or incorrect information to the secretary Attorney General in filing
10 statements or reports required by this chapter, is guilty of a misdemeanor and, upon conviction, for a first offense shall be
11 fined not more than one thousand dollars or be imprisoned for not more than thirty days, and for a second or any subsequent
12 offense shall be fined not more than five thousand dollars or be imprisoned for not more than one year, or both.
13 (5) Any registration application, statement, report, or other information required to be filed with the Secretary of State
14 Attorney General under this chapter by a charitable organization, professional fund-raising counsel, or professional solicitor
15 which contains false or misleading statements may be rejected by the secretary Attorney General and returned to the
16 submitting party without being filed.
17 (6) If a person is assessed an administrative fine under this chapter, the person has thirty days to pay the fine. After
18 thirty days, the secretary Attorney General shall give the delinquent person thirty days' notice that he will seek to enjoin the
19 activities of the person. Before the secretary Attorney General seeks an injunction, the person may pay the fines or request
20 a hearing before the secretary Attorney General. A person who fails to remit fines after the required notice is given may
21 be enjoined from engaging in further charitable solicitation activities until the fine is paid. A person assessed a fine may
22 request an evidentiary hearing before the secretary Attorney General. A person may appeal an adverse ruling by the
23 secretary Attorney General to the circuit court. An appeal to the circuit court shall be governed by the standard of review
24 provided in the Administrative Procedures Act and the case law interpreting that provision.
25 (7) The secretary Attorney General may exercise the authority granted in this section against a person who operates
26 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
27 in fact an organization entitled to such an exemption."
28
29 P. Section 33-56-150 of the 1976 Code, as added by Act 461 of 1994, is amended to read:
30
31 "Section 33-56-150. There shall be in the office of the Secretary of State Attorney General a Division of Public
32 Charities which, under the direction and control of the secretary Attorney General, shall perform the duties imposed upon
33 it by the provisions of this chapter. The executive and administrative head of the division shall be the Director of Public
34 Charities designated by the secretary Attorney General."
35
36 Q. Section 33-56-160 of the 1976 Code, as added by Act 461 of 1994, is further amended to read:
37
38 "Section 33-56-160. All The first two hundred thousand dollars in administrative fines fine revenue imposed received
39 pursuant to this chapter in a fiscal year may be retained by the Attorney General to offset the expenses of enforcing this
40 chapter. All administrative fines collected pursuant to this chapter in excess of two hundred thousand dollars in a fiscal year
41 must be transmitted to the State Treasurer and deposited in the state general fund. All fees collected under this chapter must
42 be transmitted to the State Treasurer and deposited in a fund separate and distinct from the state general fund and used by
PART II PAGE 612
1 the Secretary of State Attorney General for the purpose of administering the provisions of this chapter."
2
3 R. Section 33-56-190 of the 1976 Code, as added by Act 461 of 1994, is amended to read:
4
5 "Section 33-56-190. The secretary Attorney General may enter into agreements with the appropriate authority of any
6 other state for the purpose of exchanging information with respect to charitable organizations, professional fund-raising
7 counsel, and professional solicitors."
8
9 S. This section takes effect July 1, 1996.
10
11
12 SECTION 29
13
14 (Department of Public Safety Revenues) - DELETED
15
16
17 SECTION 30
18
19 TO AMEND THE 1976 CODE BY ADDING SECTION 23-6-35 SO AS TO PROVIDE THAT THE DEPARTMENT
20 OF PUBLIC SAFETY MAY CHARGE AND COLLECT FEES IN ACCORDANCE WITH SECTION 30-4-30 OF THE
21 FREEDOM OF INFORMATION ACT FOR PROVIDING COPIES OF CERTAIN RECORDS MAINTAINED BY
22 THE DEPARTMENT AND TO PROVIDE FOR THE USE OF REVENUES GENERATED BY THIS PROVISION.
23 Amend Title to Conform
24
25 A. Article 1, Chapter 6, Title 23 of the 1976 Code is amended by adding:
26
27 "Section 23-6-35. The department may charge and collect fees in accordance with Section 30-4-30 of the Freedom of
28 Information Act for providing copies of registration, title, and driver's license information records maintained by the
29 department.
30
31 B. This section takes effect July 1, 1996.
32
33
34 SECTION 31
35
36 (DPS Release of Motor Vehicle Record Information) - DELETED
37
38
39 SECTION 32
40
41 (Local Government Tax Caps) - DELETED
PART II PAGE 613
1 SECTION 33
2
3 TO AMEND SECTION 11-11-330 OF THE 1976 CODE, RELATING TO THE STATE PROPERTY TAX RELIEF
4 FUND, SO AS TO PROVIDE FOR A SPECIFIC REIMBURSEMENT TO SCHOOL DISTRICTS FOR REVENUES
5 LOST TO THE HOMESTEAD EXEMPTION; AND TO AMEND SECTION 12-37-251, RELATING TO THE
6 HOMESTEAD PROPERTY TAX EXEMPTION FROM SCHOOL OPERATING TAXES, SO AS TO PROVIDE FOR
7 AN EXEMPTION AMOUNT OF ONE HUNDRED THOUSAND DOLLARS OF FAIR MARKET VALUE AND
8 USING A BASE YEAR MILLAGE RATE EQUAL TO THE SCHOOL OPERATING MILLAGE FOR THE 1995-96
9 SCHOOL YEAR.
10 Amend Title To Conform
11
12 A. Section 11-11-330 of the 1976 Code, as added by Act 145 of 1995, is amended to read:
13
14 "Section 11-11-330. Funds credited to the `State Property Tax Relief Fund' must be used to provide property tax relief
15 in the manner prescribed in Section 12-37-251. The General Assembly shall appropriate an amount sufficient to reimburse
16 sums equal to the amount of taxes that were not collected for the local government school districts by reason of the exemption
17 provided in Section 12-37-251."
18
19 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:
20
21 "(A) Except as provided in subsection (F), an amount equal to one hundred thousand dollars of the fair market value
22 of property classified pursuant to Section 12-43-220(c) is exempt from property taxes levied for other than base year school
23 operations. The exemption does not extend to school taxes levied for bonded indebtedness and payments pursuant to
24 lease-purchase agreements for capital construction. The exemption applies against millage imposed for school operations
25 and the amount of fair market value of the homestead that is exempt from such millage must be set by the Director of the
26 Department of Revenue and Taxation based on the amount available in the State Property Tax Relief Fund. The applicable
27 millage to calculate the exemption is the school operating millage imposed for the 1995-96 school year. This 1995-96 millage
28 is the base year millage for purposes of this exemption for succeeding property tax years. However, in years in which the
29 values resulting from a countywide reassessment and equalization program are implemented, the base year millage must be
30 adjusted to an equivalent millage rate in the manner that the Department of Revenue and Taxation shall prescribe.
31 (B) Taxing entities School districts must be reimbursed, in the manner provided in Section 12-37-270, for the revenue
32 lost as a result of the homestead exemption provided in this section except that ninety percent of the reimbursement must
33 be paid in the last quarter of the calendar year."
34
35 C. This section applies for property tax years beginning after 1995.
36
37
38 SECTION 34
39
40 TO AMEND SECTION 59-145-20 OF THE 1976 CODE, RELATING TO FUNDING SINGLE-GENDER
41 EDUCATIONAL OFFERINGS, SO AS TO PROHIBIT THE COMMISSION ON HIGHER EDUCATION FROM
42 REQUIRING A CHANGE TO A COURT-APPROVED, SINGLE-GENDER EDUCATIONAL PROGRAM WHICH
PART II PAGE 614
1 WOULD HINDER A SUBSTANTIVELY COMPARABLE OUTCOME; AND TO AMEND ACT 145 OF 1995,
2 RELATING TO THE GENERAL APPROPRIATIONS ACT, SO AS TO REVISE THE EFFECTIVE PROVISION
3 RELATING TO SINGLE-GENDER EDUCATION AND TO DESIGNATE CERTAIN PROVISIONS OF THE ACT
4 AS CHAPTER 145, TITLE 59.
5 Amend Title to Conform
6
7 A. Section 59-145-20 of the 1976 Code, as added by Section 95B, Part II, Act 145 of 1995, is amended to read:
8
9 "Section 59-145-20. The General Assembly shall annually shall provide such funding as may be necessary, under the
10 auspices of the Commission on Higher Education, to establish and maintain approved single-gender educational offerings;
11 however, the commission may not require a change to a court-approved, single-gender educational program which would
12 hinder the program's ability to produce a substantively comparable outcome."
13
14 B. Section 95C, Part II of Act 145 of 1995 is amended to read:
15
16 "C. This section takes effect July 1,1996 and upon approval of a single-gender program by any court of competent
17 jurisdiction. of this act by the Governor, but shall be is void and of no effect if the United States Supreme Court issues a
18 ruling which reverses the holding in U.S. v. Commonwealth of Virginia, 44 F.3d 1229, 1232, 1238 (4th Cir. 1995) prohibits
19 a state from funding any single-gender educational program."
20
21 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,
22 respectively, and further are designated as Chapter 145 of Title 59 of the 1976 Code entitled `Single-Gender College'.
23
24
25 SECTION 35
26
27 TO AMEND CHAPTER 65 OF TITLE 2 OF THE 1976 CODE, AS AMENDED, RELATING TO THE JOINT
28 APPROPRIATIONS REVIEW COMMITTEE, SO AS TO TRANSFER THE DUTIES, POWERS, AND FUNCTIONS
29 OF THE COMMITTEE UPON THE OFFICE OF THE GOVERNOR EFFECTIVE JANUARY 1, 1997, TO
30 FURTHER PROVIDE FOR CERTAIN OF THESE FUNCTIONS, AND TO ABOLISH THE COMMITTEE ON SUCH
31 DATE, AND TO REPEAL CHAPTERS 39, 43, 53, 55, 68, AND 73 OF TITLE 2, AND CHAPTER 21 OF TITLE 51,
32 ALL RELATING TO VARIOUS STUDY COMMITTEES.
33 Amend Title to Conform
34
35 A. Chapter 65, Title 2 of the 1976 Code, as amended, is further amended to read:
36
37 "Chapter 65
38
39 Joint Appropriations Review Committee
40 South Carolina Federal and Other
41 Funds Oversight Act
42
PART II PAGE 615
1 Section 2-65-5 2-65-10. This chapter may be cited as `The South Carolina Federal and Other Funds Oversight Act'.
2
3 Section 2-65-10. The joint legislative committee, created in Section 1B of Part I of Act 219 of 1977, is established as
4 a permanent committee to be known as the Joint Appropriations Review Committee (committee) with such powers and duties
5 as may be provided for in this chapter. The committee shall be composed of twelve members, four of whom shall be
6 appointed by the Chairman of the Ways and Means Committee of the House of Representatives from its membership and
7 two of whom shall be appointed by the Chairman from the membership or at large. Four of the members shall be appointed
8 by the Chairman of the Finance Committee of the Senate from its membership and two shall be appointed by the Chairman
9 from the membership or at large. Terms of members of the committee shall correspond to the terms for which they are
10 elected to the General Assembly and if at large members are appointed they shall serve for terms coterminous with the
11 appointing chairman. Expenses shall be paid from appropriations provided by the General Assembly.
12
13 Section 2-65-15. (a) `Agency' means any state office, department, institution, board, commission, council,
14 committee, or other entity of the executive, judicial, or legislative branch.
15 (b) `Block grant' means federal funds distributed to the State in accordance with a statutory formula for use in a variety
16 of activities within a broad functional area.
17 (c) `Federal funds' means financial assistance made to a state agency by the United States Government in any form,
18 including but not limited to, a grant, loan, subsidy, reimbursement, contract, donation, or shared federal revenues, or
19 noncash federal assistance in the form of equipment, buildings, and land. Financial assistance which originates with the U.
20 S. Government, but which is received by a state agency from another state or local agency in any form, is considered `federal
21 funds.'
22 (d) `Indirect costs' means those costs of supportive services within an agency or provided by another agency which
23 benefit more than one program and which may be charged to federal programs in accordance with Office Management and
24 Budget Circular A-87 or A-21.
25 (e) `Matching funds' means a specific amount of general fund monies identified by a state agency, and required by
26 the Federal Government, as a cash contribution for a federal program.
27 (f) `Other funds' means any revenues received by an agency which are not federal funds and are not general funds
28 appropriated by the General Assembly in the annual General Appropriation Act.
29 (g) `Research grant' means an award of funds from the United States Government or other entity for the principal
30 purpose of systematic study and investigation undertaken to discover or establish facts or principles. The principal purpose
31 of a `research grant' is not to provide services to the public or to the employees or clients thereof.
32 (h) `Major Federal Program' means a program which:
33 (1) represents a transfer of program responsibility from the federal to the state level.;
34 (2) is available to the State on a noncompetitive basis.;
35 (3) is financially significant in relation to its proportion of the administering agency's budget.
36 Any new block grant or any form of federal turnback program is considered a `Major Federal Program'.
37
38 Section 2-65-20. The General Assembly shall appropriate all anticipated federal and other funds for the operations
39 of state agencies in the annual General Appropriation Act and must include any conditions on the expenditure of these funds
40 as part of the General Appropriation Act, consistent with federal laws and regulations. Increases in project amounts as
41 appropriated in the act must be authorized in accordance with procedures set forth in Section 2-65-40, consistent with policies
42 as provided in the annual General Appropriation Act and other applicable laws and regulations.
PART II PAGE 616
1 (a) All agencies must provide to the State Budget and Control Board, as part of their budget submissions, detailed
2 statements of the sources of all federal and other funds contained in their budgets.
3 (b) All state agencies must submit programmatic and financial information for each federal project to the Governor
4 and the Joint Appropriations Review Committee, hereinafter referred to as "the Committee", in a manner prescribed by the
5 Governor and the Committee. The information must be submitted in a timely manner so as to permit review of the projects
6 as part of the budget process.
7 (c) The Governor shall provide recommendations to the Committee on all federal projects included in agencies'
8 budgets. The recommendations must include, but not be limited to, the authorized federal funding levels, levels of state
9 matching funds, number of employees, and special conditions on how the funds must be spent.
10 (d) The Committee Governor's Office shall provide to the Ways and Means Committee and the Senate Finance
11 Committee at appropriate times during the budget review process its recommendations on all federal projects. The
12 recommendations must include, but not be limited to, the areas limited in Subsection (c).
13 (e)(d) The appropriation of federal funds must be decreased to the extent that receipts from these sources do not meet
14 the estimates reflected in each section of the General Appropriation Act.
15 (f)(e) With the exception of funds defined as `exempt' in Section 2-65-100, no agency may receive or spend federal
16 or other funds that are not authorized in the annual General Appropriation Act, but unanticipated federal or other funds may
17 be received and spent upon authorization pursuant to Section 2-65-30 or 2-65-40, as applicable.
18
19 Section 2-65-30. (a) A state agency may receive and spend unanticipated federal funds, and funds from private
20 foundations or industries, which are not included in the General Appropriation Act, but state agencies must submit
21 expenditure proposals to the Governor and the Committee prior to before submission of the proposal to the grantor agency;
22 and further provided, that the state agency shall receive authorization of the Committee prior to Governor before receipt and
23 expenditure of funds. No authorization shall be made without first securing and considering the Governor's recommendation
24 on each expenditure proposal. Any such authorization is subject to all of the following standards:
25 (1) The unanticipated nature of the project precluded it from consideration and approval as part of the state
26 appropriations process as described in Section 2-65-20.
27 (2) The project assists the applicant state agency to achieve objectives or goals in keeping with the recognized
28 powers and functions of the state agency.
29 (3) The applicant state agency is the appropriate entity to conduct project activities and no duplication of services
30 is created by the authorization.
31 (4) State matching funds, if required, are available within the existing resources of the applicant state agency.
32 (5) The project benefits the health or welfare of the people of the State.
33 (b) Notwithstanding any other provisions of this chapter, no authorization of unanticipated federal or private foundation
34 or industry funds may involve a commitment of future legislative enactment to provide additional state funds to support the
35 project.
36 (c) The Joint Appropriations Review Committee Governor must provide the General Assembly House Ways and Means
37 Committee and the Senate Finance Committee with periodic committee reports which describe actions taken under the
38 provisions of this section.
39 (d) Notwithstanding any other provisions of this chapter, a state agency may not implement an unanticipated major
40 Federal Program without prior approval of the General Assembly, except:
41 (1) That to the extent that the unanticipated program replaces existing services currently provided by a state
42 agency, other governmental entity, private nonprofit organization, or other service provider, the services may be authorized
PART II PAGE 617
1 by the Committee Governor to continue at an equivalent level, within the constraints of Federal law and funding, until the
2 General Assembly acts.
3 (2) In the event the unanticipated program creates services not currently provided, and the Joint Appropriations
4 Review Committee and the Governor mutually agree agrees that delayed implementation would result in a significant loss
5 of federal funds to the State, the program may be authorized by the Committee Governor to proceed at a minimal level, until
6 such time as the General Assembly may act.
7
8 Section 2-65-40. (a) A state agency may spend `other' funds above the amount in the General Appropriation Act
9 and increases in anticipated federal programs if the expenditure of the funds receives the prior authorization of the Joint
10 Appropriations Review Committee. The Joint Appropriations Review Committee must secure and consider the
11 recommendations of the Governor prior to such authorization. If the Joint Appropriations Review Committee and the
12 Governor do not agree on the authorization, no expenditure of funds may be made until the General Assembly, or the Budget
13 and Control Board if the General Assembly is not in session, acts on the proposed expenditure Governor.
14 (b) Authorizations under this section are subject to the following standards, as applicable:
15 (1) the proposed use of the funds do not result in a fund of surplus money which may be used by the agency to
16 expand programs without legislative approval.;
17 (2) if the funds are earmarked for specific use in the General Appropriation Act, or by Federal law or regulation,
18 any additional funds must be used for the same purpose.;
19 (3) If the increase results from a fee or charge for service, the agency has the legal authority to impose the fee,
20 and has secured any approvals required by applicable law or regulations.;
21 (4) The proposed use of funds assists the state agency to achieve objectives or goals in keeping with the
22 recognized powers and functions of the state agency.;
23 (5) if the funds are generated from a new revenue source:
24 (i) the proposed use of funds covers only a minimum amount of administrative costs necessary to support
25 the revenue collection, and any excess must be remitted to the General Fund.;
26 (ii) it is determined that the requesting state agency is the appropriate entity to carry out the proposed
27 activities and no duplication of services is created by the authorization.;
28 (6) if the increase in federal funds requires a corresponding increase in state matching funds, the state match is
29 available from existing resources.
30 (c) The Joint Appropriations Review Committee Governor must provide the General Assembly House Ways and Means
31 Committee and the Senate Finance Committee with periodic committee reports which describe actions taken under the
32 provisions of this section.
33
34 Section 2-65-50. Agencies must include estimates of research and student aid funds in the detailed budget statements
35 required in Item (a) of Section 2-65-20(a) of this chapter. Agencies may not be required to submit the detailed programmatic
36 and financial information required in Item (b) of Section 2-65-20(b) of this chapter, except that the agencies must furnish
37 to the Governor notices of actual awards and allocations of research and student aid funds within fourteen days of receipt
38 of such notices from funding agencies. The Governor must provide the Committee with a maintain quarterly report reports
39 of the funds received by the agency, and must, upon request, provide copies thereof to the House Ways and Means
40 Committee or the Senate Finance Committee, or both.
41
42 Section 2-65-60. The Comptroller General must account for and control expenditures of individual federally funded
PART II PAGE 618
1 projects for all agencies using the Statewide Accounting and Reporting System. For continuing federal projects, the
2 Governor must certify to the Comptroller General the actual funds approved for each project pursuant to Section 2-65-20
3 of this chapter, and any further adjustments to this amount, based on grant award documentation and pursuant to Section
4 2-65-40 of this chapter. For new federally funded projects, the Governor must inform the Comptroller General of funding
5 levels authorized pursuant to Section 2-65-30 of this chapter.
6 The Comptroller General shall authorize expenditures on each project not to exceed the amount certified by the
7 Governor. Upon request of the Governor, the Budget and Control Board, or the Joint Appropriations Review Committee
8 House Ways and Means Committee, or the Senate Finance Committee, the Comptroller General must provide periodic
9 reports of authorization levels, expenditures, revenues, and other data related to such federal projects. Upon request of the
10 Governor, the Budget and Control Board, or the Joint Appropriations Review Committee House Ways and Means Committee,
11 or the Senate Finance Committee, state agencies must provide grant award and related actual funding information.
12
13 Section 2-65-70. (a) All agencies receiving federal grants or contracts must recover the maximum allowable indirect
14 costs on those projects, subject to applicable federal laws and regulations. All indirect cost recoveries shall be credited to
15 the General Fund, with the exception of recoveries from research and student aid grants and contracts.
16 (1) Each agency receiving grants or contracts to which indirect costs may be charged must have an approved
17 indirect cost rate or cost allocation plan. Agencies must prepare the indirect cost proposals and submit them to the Governor
18 for review. The Governor must submit the proposals to the appropriate federal agencies, negotiate the agreements, and
19 transmit approved agreements to the state agencies. The Joint Appropriations Review Committee must be provided with a
20 copy of the proposals, for review and comment, prior to submission to the federal agency. The Governor, upon request,
21 must also provide a report on the proposals to the House Ways and Means Committee or the Senate Finance Committee,
22 or both.
23 (2) The Governor shall prepare annually the Statewide Cost Allocation Plan for allocation of central service costs
24 to federal and other programs. The Governor must ensure that state agencies recover costs approved in the Plan through
25 federal grants and contracts, subject to federal laws and regulations.
26 (3) The Budget and Control Board and the Comptroller General must assist the Governor in ensuring compliance
27 with this section.
28 (b) If it is determined to be in the best interest of the State and the agency receiving the federal funds, the requirements
29 of this section may be waived; except that indirect cost waivers may not be granted for unanticipated federal projects
30 authorized pursuant to Section 2-65-30 of this chapter. Requests for indirect cost waivers for continuing federal projects must
31 be made by the applicant agency as a part of its budget request and must be reviewed in accordance with the provisions of
32 Section 2-65-20 of this chapter.
33
34 Section 2-65-80. (a) The General Assembly shall designate through the annual General Appropriation Act an agency
35 to operate each block grant. Should a new block grant be approved by the United States Congress after the annual General
36 Appropriation Act has been approved, it must be approved in accordance with the provisions of Subsection (d) of Section
37 2-65-30(d) of this chapter.
38 (b) The committee Governor must conduct public hearings for those block grants for which federal laws and regulations
39 require legislative public hearings, and any other block grants for which legislative public hearings are deemed necessary
40 by the Committee. Public comments must be taken into consideration by the Committee Governor in review and authorization
41 of federal funds according to the procedures set forth in Section 2-65-20 of this chapter.
42 (c) The Governor shall issue, in accordance with the South Carolina Administrative Procedures Act, administrative
PART II PAGE 619
1 regulations and cost principles for block grants. The Committee must be provided an opportunity to review and comment
2 on proposed block grant regulation.
3 (d) The Budget and Control Board shall ensure that audits of block grants are conducted in accordance with Federal
4 laws and regulations.
5
6 Section 2-65-90. The Governor shall design and operate a state process for review and coordination of proposed
7 federal financial assistance and direct federal development by state and local officials as required by Section 401(a) of the
8 federal Intergovernmental Cooperation Act of 1968 and federal regulations and executive orders. The Governor must seek
9 the advice of the South Carolina Advisory Commission on Intergovernmental Relations and the Regional Councils of
10 Government in the development and implementation of the state process.
11
12 Section 2-65-100. Funds from the following sources are exempt from the requirements of this chapter:
13 (1) General Fund Appropriations.
14 (2) Funds appropriated by a South Carolina local government.
15 (3) Research and student aid grants, except as otherwise provided in this chapter.
16 (4) Donated materials, supplies, in-kind services, buildings, land and equipment, if the donations do not create a future
17 obligation of state General Fund monies. If a donation does create a future obligation of state General Fund monies, the
18 donation is subject to review and approval, in accordance with Section 2-65-30 of this chapter.
19 (5) Federal funds used in connection with capital improvement bond funds subject to authorization pursuant to Act 1377
20 of 1968.
21
22 Section 2-65-110. The Budget and Control Board shall revise the structure of the annual state budget so as to present
23 a format which clearly delineates each agency's and institution's programs, their source of revenue, the associated program
24 objectives, the total program costs and program effectiveness measurements.
25 In developing the revised budget format and procedures, the board Budget & Control Board shall follow the
26 recommendations of the Governor and the Committee in accordance with the procedure as set forth in Section 2-65-30.
27
28 Section 2-65-120. Notwithstanding any other laws, all agencies and institutions of the State shall cooperate fully with
29 the board, and the Governor and the Committee in the implementation of this chapter."
30
31 B. The term "Joint Appropriations Review Committee" wherever it may appear in any provision of law must be construed
32 to mean the Office of the Governor effective January 1, 1997.
33
34 C. The following provisions of the 1976 Code are repealed:
35
36 (a) Chapter 39 of Title 2 Mental Health, Mental Retardation Study Committee
37 (b) Chapter 43 of Title 2 Textile Industry Study Committee
38 (c) Chapter 53 of Title 2 Committee on Energy
39 (d) Chapter 55 of Title 2 Health Care Planning and Oversight Committee
40 (e) Chapter 68 of Title 2 Joint Legislative Committee on Cultural Affairs
41 (f) Chapter 73 of Title 2 Joint Committee on the Disabled
42 (g) Chapter 21 of Title 51 Committee on Tourism
PART II PAGE 620
1 D. This section takes effect July 1, 1996, except that subsections A. and B. are effective January 1, 1997.
2
3
4 SECTION 36
5
6 (State Board of Education & Commission on Higher Education Duties) - DELETED
7
8
9 SECTION 37
10
11 (Motorcycle Rider Safety Education Program) - DELETED
12
13
14 SECTION 38
15
16 (Local School Innovation Fund - Adult Education) - DELETED
17
18
19 SECTION 39
20
21 (Local Government Tax and Fee Caps) - DELETED
22
23
24 SECTION 40
25
26 (Exclude Transferable Cds from "Security" Definition/Securities Commissioner) - DELETED
27
28
29 SECTION 41
30
31
32 (Special Purpose, Public Service & School Districts Tax & Fee Caps) - DELETED
33
34 SECTION 42
35
36 (Motor Vehicle Record Information) - DELETED
37
38
39 SECTION 43
40
41 (LAC Assist with Zero Base Budgeting) - DELETED
PART II PAGE 621
1 SECTION 44
2
3 (Establish Capital Projects Oversight Committee) - DELETED
4
5
6 SECTION 45
7
8 TO AMEND SECTION 50-3-316, AS AMENDED, OF THE 1976 CODE, RELATING TO THE REQUIREMENTS
9 FOR ENFORCEMENT OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO REQUIRE
10 THE DEPARTMENT TO EMPLOY THE MOST QUALIFIED APPLICANTS, REQUIRE OFFICERS TO RESIDE
11 WITHIN THE COUNTY FOR WHICH THEY ARE EMPLOYED OR MOVE TO SUCH COUNTY WITHIN THREE
12 MONTHS OF EMPLOYMENT, AND PROVIDE FOR FUNDING FOR ENFORCEMENT OFFICERS.
13 Amend Title to Conform
14
15 A. Section 50-3-316 of the 1976 Code, as amended by Section 1258 of Act 181 of 1993, is further amended to read:
16
17 "Section 50-3-316. The department shall, In employing enforcement officers, the department shall use the criteria as
18 required by the Division Office of Human Resources Management and the department, which shall. The criteria must
19 include, but are not limited to, a written examination, physical examination, and interview. Each applicant shall be is
20 required to perform at minimal levels as required by the Division Office of Human Resources Management and the
21 department. The department shall employ the most qualified applicants. If an enforcement officer does not reside in the
22 county for which he is employed, he shall move to the county at his expense within three months of employment.
23 Enforcement officers must be compensated from funds provided to the department in the annual general appropriation act.
24 The department, when employing enforcement officers within a particular county, must hire those applicants, if any,
25 who meet the minimum employment qualification requirements as required by the Division of Human Resource Management
26 and the department and who reside within that particular county before the department may hire other qualified applicants
27 who reside outside that county.
28 If more than one vacancy exists in a county, the resident candidate with the next highest score will be chosen to fill the
29 second vacancy. Additional vacancies would be filled in the same manner.
30 If there are no candidates for that county who meet the minimum requirements, the vacancy will be filled by the top
31 scoring candidate regardless of county of residence."
32
33 B. This section takes effect July 1, 1996.
34
35
36 SECTION 46
37
38 TO AMEND SECTIONS 9-1-1770, AS AMENDED, AND 9-11-120, AS AMENDED, OF THE 1976 CODE,
39 RELATING TO THE PRERETIREMENT DEATH BENEFIT PROGRAM FOR MEMBERS OF THE SOUTH
40 CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT
41 SYSTEM, SO AS TO CLARIFY THE CIRCUMSTANCES IN WHICH A MEMBER IS CONSIDERED TO HAVE
42 IN SERVICE ON THE DATE OF DEATH AND THEREBY MEET AN ELIGIBILITY REQUIREMENT FOR THE
PART II PAGE 622
1 BENEFIT.
2
3 A. The third undesignated paragraph of Section 9-1-1770 of the 1976 Code, as last amended by Act 171 of 1991, is further
4 amended to read:
5
6 "Upon receipt of proof, satisfactory to the board, of the death of a contributing member in service who had completed
7 at least one full year of membership in the system or of the death of a contributing member as a result of an injury arising
8 out of and in the course of the performance of his duties regardless of length of membership, as of the effective date of his
9 employer's participation, there must be paid to the person he nominated for the refund of his accumulated contributions,
10 unless he has nominated a different beneficiary by written designation filed with the board, in the event of his death pursuant
11 to Section 9-1-1650, if the person is living at the time of the member's death, otherwise to the member's estate, a death
12 benefit equal to the annual earnable compensation of the member at the time his death occurs. The death benefit is payable
13 apart and separate from the payment of the member's accumulated contributions on his death pursuant to Section Sections
14 9-1-1650 or Section 9-1-1660. For purposes of this section, a member is considered to be in service at the date of his death
15 if his last day of earned service credit the last day the member was employed in a continuous, regular pay status, while
16 earning regular or unreduced wages and regular or unreduced retirement service credit, whether the member was physically
17 working on that day or taking continuous accrued annual leave or sick leave while receiving a full salary, occurred not more
18 than ninety days before the date of his death and he has not retired."
19
20 B. The third undesignated paragraph of Section 9-11-120 of the 1976 Code, as last amended by Act 171 of 1991, is further
21 amended to read:
22
23 "Upon proof satisfactory to the board of the death of a contributing member in service after completion of at least one
24 full year of membership or of the death of a contributing member as a result of an injury arising out of and in the course
25 of the performance of his duties regardless of length of membership, whose employer is participating in the program, there
26 must be paid to the person he nominated for the refund of his accumulated contributions, unless he has nominated a different
27 beneficiary by written designation filed with the board, pursuant to Section 9-11-110, if the person is living at the time of
28 the member's death, otherwise to the member's estate, a death benefit equal to the annual compensation of the member at
29 the time his death occurs. The death benefit is payable apart and separate from the payment of the amount provided by
30 Section 9-11-110. For purposes of this section, a member is considered to be in service at the date of his death if his last
31 day of earned service credit the last day the member was employed in a continuous, regular pay status, while earning regular
32 or unreduced wages and regular or unreduced retirement service credit, whether the member was physically working on that
33 day or taking continuous accrued annual leave or sick leave while receiving a full salary, occurred not more than ninety days
34 before the date of his death and he has not retired."
35
36
37 SECTION 47
38
39 TO AMEND SECTIONS 9-1-1620, AS AMENDED, 9-9-70, AS AMENDED, AND 9-11-150, AS AMENDED, OF THE
40 1976 CODE, RELATING TO RETIREMENT BENEFITS OPTIONS FOR PURPOSES OF THE SOUTH CAROLINA
41 RETIREMENT SYSTEM, THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND
42 THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE FOR THE
PART II PAGE 623
1 METHOD OF REVOCATION OF A PRIOR SPOUSAL NOMINATION AND ELECTION OF A NEW OPTION AT
2 THE DEATH OF A MEMBER'S SPOUSE OR CHANGE IN THE MEMBER'S MARITAL STATUS BY MEANS OF
3 AN APPROPRIATELY COMPLETED WRITTEN FORM SIGNED AND NOTARIZED BY THE MEMBER AND
4 FILED WITH THE SYSTEM OR IN SOME OTHER WRITTEN FORMAT SIGNED AND NOTARIZED, MAKING
5 THE SAME REVOCATION AND ELECTION AND CONTAINING THE IDENTICAL INFORMATION REQUIRED
6 BY THE FORM.
7
8 A. The second undesignated paragraph of Section 9-1-1620 of the 1976 Code, as last amended by Act 336 of 1992, is
9 further amended to read:
10
11 "A member having elected Option 2, 3, or 5 and nominated his or her spouse to receive a retirement allowance upon
12 the member's death may, after divorce from or death of his or her spouse, revoke the prior nomination and elect a new
13 option only after the death of his or her spouse, a divorce, or other change in the member's marital status. This change may
14 be accomplished only by filing with the system: (a) the form prescribed by the system, appropriately completed, signed
15 by the member and notarized, that simultaneously both revokes the prior nomination and elects a new option and contains
16 such other information as the system requires, or (b) a writing signed by the member and notarized that makes the same
17 revocation and election and contains the identical information required by the prescribed form. The revocation and election
18 of a new option is effective on the first day of the month in which the new option is elected, providing for a retirement
19 allowance computed to be the actuarial equivalent of the retirement allowance in effect immediately before the effective date
20 of the new option. The retirement allowance payable following the election of a new option allowed by this paragraph must
21 be computed upon the actuarial equivalent of the retirement allowance in effect immediately before the effective date of the
22 new option. The revocation of the prior nomination and the election of a new option after the death of the member's spouse
23 must be made before the later of July 1, 1992, or the first anniversary of the death of the spouse. A new option may be
24 elected after a change in marital status."
25
26 B. The second undesignated paragraph of Section 9-9-70 of the 1976 Code, as last amended by Act 336 of 1992, is further
27 amended to read:
28
29 "A member having elected Option 1, 2, or 3 and nominated his or her spouse to receive a retirement allowance upon
30 the member's death may, after divorce from or death of his or her spouse, revoke the prior nomination and elect a new
31 option only after the death of his or her spouse, a divorce, or other change in the member's marital status. This change may
32 be accomplished only by filing with the system: (a) the form prescribed by the system, appropriately completed, signed by
33 the member and notarized, that simultaneously both revokes the prior nomination and elects a new option and contains such
34 other information as the system requires, or (b) a writing signed by the member and notarized that makes the same revocation
35 and election and contains the identical information required by the prescribed form. The revocation and election of a new
36 option is effective on the first day of the month in which the new option is elected, providing for a retirement allowance
37 computed to be the actuarial equivalent of the retirement allowance in effect immediately before the effective date of the new
38 option. The retirement allowance payable following the election of a new option allowed by this paragraph must be
39 computed upon the actuarial equivalent of the retirement allowance in effect immediately before the effective date of the new
40 option. The revocation of the prior nomination and the election of a new option after the death of the member's spouse must
41 be made before the later of July 1, 1992, or the first anniversary of the death of the spouse. A new option may be elected
42 after a change in marital status."
PART II PAGE 624
1 C. The second undesignated paragraph of Section 9-11-150 of the 1976 Code, as last amended by Act 336 of 1992, is
2 further amended to read:
3
4 "A member having elected Option 1, 2, or 4 and nominated his or her spouse to receive a retirement allowance upon
5 the member's death may, after divorce from or death of his or her spouse, revoke the prior nomination and elect a new
6 option only after the death of his or her spouse, a divorce, or other change in the member's marital status. This change may
7 be accomplished only by filing with the system: (a) the form prescribed by the system, appropriately completed, signed by
8 the member and notarized, that simultaneously both revokes the prior nomination and elects a new option and contains such
9 other information as the system requires, or (b) a writing signed by the member and notarized that makes the same revocation
10 and election and contains the identical information required by the prescribed form. The revocation and election of a new
11 option is effective on the first day of the month in which the new option is elected, providing for a retirement allowance
12 computed to be the actuarial equivalent of the retirement allowance in effect immediately before the effective date of the new
13 option. The retirement allowance payable following the election of a new option allowed by this paragraph must be
14 computed upon the actuarial equivalent of the retirement allowance in effect immediately before the effective date of the new
15 option. The revocation of the prior nomination and the election of a new option after the death of the member's spouse must
16 be made before the later of July 1, 1992, or the first anniversary of the death of the spouse. A new option may be elected
17 after a change in marital status."
18
19
20 SECTION 48
21
22 TO AMEND SECTIONS 9-1-10, AS AMENDED, AND 9-1-440, AS AMENDED, OF THE 1976 CODE, RELATING
23 TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE TYPES OF
24 PRIOR SERVICE FOR WHICH MEMBERSHIP IS ALLOWED AND FOR WHICH SERVICE CREDIT MAY BE
25 ESTABLISHED, SO AS TO DEFINE "EMPLOYEE" NOT TO INCLUDE CERTAIN STUDENTS AND TO MAKE
26 A STUDENT'S EMPLOYMENT BY THE INSTITUTION IN WHICH THE STUDENT IS ENROLLED INELIGIBLE
27 FOR MEMBERSHIP AND FOR ESTABLISHING SERVICE CREDIT, AND PROVIDE OTHER SOURCES WHICH
28 MAY BE USED IN MAKING DETERMINATIONS IN THESE MATTERS AND TO ALLOW THE CONTINUED
29 ESTABLISHMENT OF STUDENT BUS DRIVER SERVICE CREDIT.
30
31 A. Section 9-1-10(4)(f) of the 1976 Code, as last amended by Act 162 of 1991, is further amended to read:
32
33 "(f) an employee of an alcohol and drug abuse planning agency authorized to receive funds pursuant to Section 61-5-320.
34 `Employee' does not include supreme and circuit court judges or any person employed by a school, college, or
35 university at which the person is enrolled as a student or otherwise regularly attending classes for academic credit unless the
36 person is employed as a school bus driver and is paid by the same school district in which the person is enrolled in school.
37 In determining student status, the system may consider those factors provided pursuant to Section 9-1-440;"
38
39 B. Section 9-1-440 of the 1976 Code, as last amended by Act 420 of 1994, is further amended by adding at the end:
40
41 "Service performed in the employ of a school, college, or university must not be considered for purposes of membership
42 in or service credit for any of the state retirement systems if the service is performed by a student who is enrolled and
PART II PAGE 625
1 regularly attending classes at such school, college, or university. For purposes of determining the applicability of this
2 section, the system may consider the guidelines of the Social Security Administration regarding student services and other
3 criteria the system uniformly prescribes. This paragraph does not apply to services rendered by student school bus drivers
4 who are paid by the same school district in which they are enrolled in school."
5
6
7 SECTION 49
8
9 TO AMEND SECTION 9-1-1140, AS AMENDED, OF THE 1976 CODE, RELATING TO ESTABLISHMENT OF
10 CERTAIN TYPES OF SERVICE CREDIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM,
11 SO AS TO REQUIRE A MEMBER ESTABLISHING CREDIT FOR UNDERGRADUATE OR GRADUATE SCHOOL
12 TO HAVE LEFT COVERED EMPLOYMENT TO ATTEND SCHOOL, TO REQUIRE RETURN TO COVERED
13 EMPLOYMENT WITHIN NINETY DAYS AFTER THE LAST DATE OF ENROLLMENT, AND TO DELETE AN
14 OBSOLETE REFERENCE.
15
16 The fourth undesignated paragraph of Section 9-1-1140 of the 1976 Code, as last amended by Act 166 of 1993, is further
17 amended to read:
18
19 "A member who leaves covered employment to attend undergraduate or graduate school and returns directly to covered
20 employment within ninety days after the member's last date of enrollment may establish up to two years' retirement credit
21 by paying the actuarial cost as determined by the board. However, the member contribution must not be less than ten percent
22 and effective July 1, 1994, twelve percent of current salary or the average of the three highest consecutive fiscal years,
23 whichever is greater, for each year prorated for periods of less than a year."
24
25
26 SECTION 50
27
28 TO AMEND SECTION 9-9-55 OF THE 1976 CODE, RELATING TO ESTABLISHMENT OF SERVICE CREDIT
29 IN THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, SO AS TO CLARIFY THAT
30 A MEMBER OF THE GENERAL ASSEMBLY MAY PURCHASE AN ENTIRE YEAR OF SERVICE CREDIT FOR
31 A PORTION OF A YEAR SERVED ONLY WHERE THE MEMBER WAS ELECTED IN A SPECIAL ELECTION
32 AND TO PROVIDE THAT THE PAYMENT TO ESTABLISH THIS CREDIT MUST EQUAL THE AMOUNT
33 CONTRIBUTED BY A SERVING MEMBER FOR THIS SAME PERIOD PLUS INTEREST.
34
35 Section 9-9-55 of the 1976 Code, as added by Act 63 of 1995, is amended to read:
36
37 "Section 9-9-55. Notwithstanding any other provision of law, any member of the General Assembly who was elected
38 in a special election and served in the General Assembly any portion of a year may establish credit for the entire year by
39 paying the full actuarial cost as determined by the Retirement System for members of the General Assembly provided
40 payment is made to the system on the same basis as members of the General Assembly contributed for the same period of
41 time plus interest."
PART II PAGE 626
1 SECTION 51
2
3 TO AMEND SECTION 16-3-1180, AS AMENDED, OF THE 1976 CODE, RELATING TO CRIME VICTIM'S
4 ASSISTANCE PROGRAM AWARDS, SO AS TO REVISE THE PROCEDURES FOR DETERMINING AWARDS,
5 INCREASE CERTAIN AUTHORIZED AWARDS, EXTEND THE TIME FOR THE REVIEW OF CASES, AND
6 AUTHORIZE THE DIRECTOR OF THE VICTIM'S ASSISTANCE PROGRAM TO REOPEN CASES UNDER
7 SPECIAL CIRCUMSTANCES; TO AMEND SECTION 16-3-1250, RELATING TO THE SUBROGATION OF THE
8 STATE TO ANY RIGHT OF ACTION ACCRUING TO A CLAIMANT, VICTIM, OR INTERVENOR AS A RESULT
9 OF A CRIME WHERE AN AWARD HAS BEEN MADE, SO AS TO LIMIT THE SUBROGATION RIGHTS OF
10 THE STATE UNDER CERTAIN CONDITIONS; AND TO AMEND SECTION 16-3-1560, RELATING TO MEDICAL
11 EXAMINATIONS OF VICTIMS OF SEXUAL ASSAULTS AND REIMBURSEMENTS FOR THE COSTS THEREOF,
12 SO AS TO REVISE THE PROCEDURAL REQUIREMENTS FOR THE PAYMENT OF THESE
13 REIMBURSEMENTS, AND TO AUTHORIZE THE DIRECTOR TO DIRECT PAYMENT OF ADDITIONAL
14 SERVICES WHEN PROJECTED REIMBURSEMENTS WILL EXCEED PROJECTED FUNDING APPROPRIATED
15 FOR THIS PURPOSE.
16
17 A. Section 16-3-1180, of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:
18
19 "Section 16-3-1180. (A) An award may be made for:
20 (1) reasonable and customary charges, as periodically determined by the board, for medical services, including
21 mental health counseling, required and rendered as a direct result of the injury on which the claim is based, as long as these
22 services are rendered by a licensed professional. Payment for mental health counseling is limited to the number of sessions
23 during a ninety-day-period one hundred eighty-day-period beginning on the date of the first counseling session or fifteen
24 twenty sessions, whichever is greater;
25 (2) reasonable and customary charges, as periodically determined by the board for other services required and
26 rendered as a direct result of the injury upon which the claim is based, as long as the service is rendered by a professional
27 or paraprofessional who holds a license, certificate, or other documentary evidence of specific training and qualification in
28 a field of service which, by regulation, the Board recognizes as a service required by and beneficial to crime victims;
29 (3) loss of earning or support, provided that:
30 (a) claimant is deprived of that income for at least two consecutive weeks;
31 (b) the loss is not reimbursable;
32 (c) the amount may not exceed the maximum rate provided in Section 42-1-50;
33 (d) conditions (a), (b), and (c) may be waived in severe hardship cases;
34 (4) reasonable and customary charges for employment-oriented retraining or rehabilitative services incurred as
35 a direct result of the injury; and
36 (5) burial expenses not to exceed two four thousand dollars.
37 (B) If there are two or more family members as specified in Section 16-3-1210(c) who are entitled to an award as a
38 result of the death of a person, the award must be apportioned among the claimants; however, the amount awarded for burial
39 expenses must be paid to or on behalf of the person who has paid or is responsible for that expense.
40 (C) The aggregate of award to and on behalf of victims may not exceed ten fifteen thousand dollars unless the Crime
41 Victim's Advisory Board, by two-thirds vote, and the director concur that extraordinary circumstances exist. In such case,
42 the award may not exceed twenty-five thousand dollars.
PART II PAGE 627
1 (D) An award may be made only if and to the extent that the amount of compensable loss exceeds one hundred dollars;
2 however, this limitation may be waived in the interest of justice and must be waived upon a showing that the claimant is at
3 least sixty-five years old.
4 (E) A previously decided award may be reopened for the purpose of increasing the compensation previously awarded,
5 subject to the maximum provided in this article. In this case the State Office of Victim Assistance shall send immediately
6 to the claimant a copy of the notice changing the award. This review may not affect the award as regards any monies paid
7 and the review may not be made after twelve eighteen months from the date of the last payment of compensation pursuant
8 to an award under this article unless the director determines there is a need to reopen the case as specified in Section
9 16-3-1120(4)."
10
11 B. Section 16-3-1250 of the 1976 Code is amended to read:
12
13 "Section 16-3-1250. Payment of an award pursuant to this article shall subrogate the State, to the extent of such
14 payment to any right of action accruing to the claimant or to the victim or intervenor to recover losses resulting from the
15 crime with respect to which the award is made, except that subrogation shall not reduce the financial recovery by the victim,
16 claimant, or intervenor to less than one hundred percent of actual losses or expenses. The subrogation amount must be
17 reduced if there is a jury award or judicial award in a bench trial, which results in a loss to the victim, claimant, or
18 intervenor. Subrogation shall not be reduced if the action is terminated other than by a jury award or judicial award in a
19 bench trial."
20
21 C. Section 16-3-1560(E) of the 1976 Code, as last amended by Act 367 of 1988, is further amended to read:
22
23 "(E) When the director determines that projected reimbursements in any fiscal year provided for in this section will
24 exceed funds appropriated for payment of these reimbursements, he shall direct payment of additional services from the
25 Victim's Compensation Fund. he shall reduce the amount of each reimbursement by an amount equal to the ratio of available
26 appropriated funds to the total projected reimbursements cost. When these reductions are required, the director shall inform
27 the public through the media of the reductions as promptly as possible. The reductions apply to all claims not paid as of
28 the effective date of the reductions order."
29
30
31 SECTION 52
32
33 TO AMEND SECTION 20-7-5730 OF THE 1976 CODE, RELATING TO THE SERVICES FUND FOR
34 EMOTIONALLY DISTURBED CHILDREN, SO AS TO TRANSFER RESPONSIBILITIES FOR ADMINISTRATION
35 OF THE FUND FROM THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION TO THE
36 DEPARTMENT OF SOCIAL SERVICES.
37
38 Section 20-7-5730 of the 1976 Code, as added by Act 497 of 1994, is amended to read:
39
40 "Section 20-7-5730. There is established the Services Fund for Emotionally Disturbed Children. The Interagency
41 System for Caring for Emotionally Disturbed Children, as provided for in Section 20-7-5710, must be paid for solely by the
42 fund and money in the fund must be used only to support the system. The fund must be administered by the Health and
PART II PAGE 628
1 Human Services Finance Commission Department of Social Services. The Department of Education shall continue to be
2 billed a share of costs for covered children in the system as provided for under the Children's Case Resolution System. The
3 Health and Human Services Finance Commission Department of Social Services, in conjunction with other agencies
4 participating in the system, shall develop billing and management protocols that maximize the use of the funds available."
5
6
7 SECTION 53
8
9 TO AMEND SECTION 44-7-2570, AS AMENDED, OF THE 1976 CODE, RELATING TO FEES FOR SERVICES
10 AND INSURANCE UNDER THE "INFANTS AND TODDLERS WITH DISABILITIES ACT", SO AS TO DELETE
11 A PROVISION REQUIRING, AS A CONDITION OF RECEIVING SERVICES, A FAMILY TO APPLY FOR
12 ASSISTANCE FOR WHICH THEY ARE ELIGIBLE.
13
14 A. Section 44-7-2570(B) of the 1976 Code, as last amended by Act 41 of 1991 is further amended to read:
15
16 "(B) Nothing in this section relieves public or private insurance programs, or other persons or agencies required by
17 law to provide or pay for early intervention services, from their financial or legal responsibilities. As a condition of
18 receiving services under this article, infants and toddlers with disabilities and their families may be required to apply for a
19 financial or medical assistance program for which they are eligible."
20
21 B. This section takes effect July 1, 1996.
22
23
24 SECTION 54
25
26 TO AMEND SECTION 32, AS AMENDED, PART II, ACT 171 OF 1991 (THE GENERAL APPROPRIATION ACT
27 FOR FISCAL YEAR 1991-92) RELATING TO TEMPORARY BINGO TAXES LEVIED TO FUND SENIOR
28 CITIZEN CENTERS, SO AS TO AUTHORIZED THE STATE BUDGET AND CONTROL BOARD TO CHANGE
29 THE LOCATION OF THESE PROJECTS WITHIN A COUNTY AT THE REQUEST OF THE DIVISION ON
30 AGING OF THE OFFICE OF THE GOVERNOR.
31
32 Section 32(B)(1), Part II of Act 171 of 1991 is amended to read:
33
34 "(B) (1) Monies credited to the Commission Division on Aging Fund may be used only for funding authorized in this
35 section for the projects identified in the Senior Citizens Center Survey published by the Commission Division on Aging in
36 October, 1989, and updated August, 1990. Projects must be established in the order of priority as identified in the
37 Commission Division on Aging's 1990 Overall Permanent Improvement Plan Submission. The order of priority can be
38 changed by the Joint Bond Review Committee and the State Budget and Control Board at the request of the Commission
39 Division on Aging. The location of these projects within a county may be changed by the State Budget and Control Board
40 at the request of the Division on Aging."
PART II PAGE 629
1 SECTION 55
2
3 TO AMEND THE 1976 CODE BY ADDING SECTION 12-28-2725 SO AS TO REQUIRE THAT AN AMOUNT OF
4 GASOLINE TAX EQUAL TO TWENTY-FIVE HUNDREDTHS OF A CENT ON EACH GALLON MUST BE USED
5 BY THE DEPARTMENT OF TRANSPORTATION FOR MASS TRANSIT; AND TO FUND AN ANNUAL AUDIT
6 TO BE CONDUCTED BY THE STATE AUDITOR OF THE STATE'S REGIONAL TRANSIT AUTHORITIES AND
7 ORGANIZATIONS ACTING AS SUCH AUTHORITIES.
8
9 A. Article 25, Chapter 28, Title 12 of the 1976 Code is amended by adding:
10
11 "Section 12-28-2725. Of the ten and thirty-four hundredths cents tax on gasoline imposed pursuant to this chapter,
12 an amount equal to twenty-five hundredths of a cent on each gallon must be used by the department for mass transit.
13 The state auditor annually shall conduct an audit to include an in-depth financial review of the state's regional transit
14 authorities and eleemosynary organizations acting as regional transit authorities receiving funds from the Department of
15 Transportation. Reimbursement for the audit must be paid from the funds provided in this section. A copy of the audit must
16 be provided to the department. A report on these audits annually must be submitted to the General Assembly."
17
18 B. This section is effective January 1, 1997.
19
20
21 SECTION 56
22
23 TO AMEND THE 1976 CODE BY ADDING SECTIONS 12-37-2810, 12-37-2820, 12-37-2830, 12-37-2840, 12-37-2850,
24 12-37-2860, 12-37-2870, AND 12-37-2880 SO AS TO PROVIDE CERTAIN DEFINITIONS, THAT THE
25 DEPARTMENT OF PUBLIC SAFETY ANNUALLY SHALL ASSESS, EQUALIZE, AND APPORTION THE
26 VALUATION OF ALL MOTOR CARRIER VEHICLES, THAT THE VALUE OF MOTOR CARRIER VEHICLES
27 SUBJECT TO PROPERTY TAX MUST BE DETERMINED BY THE DEPARTMENT OF PUBLIC SAFETY AND
28 THAT THIS PROPERTY TAX MUST BE PAID TO THE DEPARTMENT ANNUALLY, THE METHOD THAT THE
29 TAXES MUST BE DISBURSED, THAT IN LIEU OF THE PROPERTY TAX AND REGISTRATION
30 REQUIREMENTS A ONE-TIME FEE MAY BE PAID UNDER CERTAIN CIRCUMSTANCES AND THE
31 DISTRIBUTION OF THIS FEE, AND TO PROVIDE AN EXEMPTION FROM PROPERTY TAXES FOR CERTAIN
32 MOTOR VEHICLES.
33
34 A. Chapter 37, Title 12 of the 1976 Code is amended by adding:
35
36 "Section 12-37-2810. As used in this chapter, unless the context requires otherwise:
37 (A) `Motor carrier' means a person who owns, controls, operates, manages, or leases a motor vehicle for the
38 transportation of property in intrastate or interstate commerce. Motor carriers are further defined as being a South Carolina
39 based International Registration Plan registrant or owning or leasing real property within this State used directly in the
40 transportation of freight.
41 (B) `Motor vehicle' means a motor propelled vehicle used for the transportation of property on a public highway with
42 a gross vehicle weight of greater than twenty-six thousand pounds.
PART II PAGE 630
1 (C) `Highway' means all public roads, highways, streets, and ways in this State, whether within a municipality or
2 outside of a municipality.
3 (D) `Person' means an individual, corporation, firm, partnership, company or association, and includes a guardian,
4 trustee, executor, administrator, receiver, conservator, or a person acting in a fiduciary capacity.
5 (E) `Semi-trailers' means a vehicle with or without motive power, other than a pole trailer, designed for carrying
6 property and for being drawn by a motor vehicle and constructed so that a part of its weight and of its load rests upon or
7 is carried by another vehicle.
8 (F) `Trailers' means a vehicle with or without motive power, other than a pole trailer, designed for carrying property
9 and for being drawn by a motor vehicle and constructed so that no part of its weight rests upon the towing vehicle.
10
11 Section 12-37-2820. The Department of Public Safety annually shall assess, equalize, and apportion the valuation of
12 all motor vehicles of motor carriers. The valuation must be based on fair market value for the motor vehicles and an
13 assessment ratio of nine and one-half percent as provided by Section 12-43-220(g). Fair market value is determined by
14 depreciating the gross capitalized cost of each motor vehicle by an annual percentage depreciation allowance down to ten
15 percent of the cost as follows:
16 (1) Year One - .90
17 (2) Year Two - .80
18 (3) Year Three - .65
19 (4) Year Four - .50
20 (5) Year Five - .35
21 (6) Year Six - .25
22 (7) Year Seven - .20
23 (8) Year Eight - .15
24 (9) Year Nine - .10
25
26 Section 12-37-2830. The value of motor carrier's vehicles subject to property taxes in this State must be determined
27 by the Department of Public Safety based on the ratio of total mileage operated within this State during the preceding
28 calendar year to the total mileage of its entire fleet operated within and without this State during the same preceding calendar
29 year.
30
31 Section 12-37-2840. Motor carriers must file an annual property tax return with the Department of Public Safety no
32 later than the thirtieth day of June for the preceding calendar year with one-half or the entire tax due.
33
34 Section 12-37-2850. The Department of Public Safety shall assess annually the taxes due based on the value determined
35 in Section 12-28-2820 and an average millage for all purposes statewide for the current year. The average millage may be
36 increased to cover any loss of revenue from not licensing trailers incurred by the Department of Public Safety. The taxes
37 assessed must be paid to the Department of Public Safety no later than December thirty-first of each year and may be made
38 in two equal installments. Credit will be allowed for a motor carrier's vehicle taxes previously paid for the 1997 tax year.
39 Distribution of the taxes must be made by the Treasurer's Office based on the distribution formula contained in Section
40 12-37-2870.
41
42 Section 12-37-2860. In lieu of the property taxes and registration requirements after the initial registration on
PART II PAGE 631
1 semitrailers and trailers, a one-time fee of eighty-seven dollars is due on all semitrailers and trailers currently registered
2 and subsequently on each semitrailer and trailer before being placed in service. Twelve dollars of the one-time fee must be
3 distributed to the Department of Public Safety. The remaining seventy-five dollars of the fee must be distributed based on
4 the distribution formula contained in Section 12-37-2870.
5
6 Section 12-37-2870. The distribution for each county must be determined on the ratio of total federal and state highway
7 miles within each county during the preceding calendar year to the total federal and state highway miles within all counties
8 of this State during the same preceding calendar year.
9
10 Section 12-37-2880. Motor vehicles, as defined in Section 12-37-2810, owned, operated, managed, or leased by a
11 motor carrier are exempt from local property tax."
12
13 B. This act, upon approval by the Governor, takes effect for the calendar years beginning after December 31, 1996, with
14 the first return due June 30, 1997.
15
16
17 SECTION 57
18
19 TO AMEND TITLE 12 OF THE 1976 CODE, RELATING TO TAXATION, BY ADDING CHAPTER 24, IMPOSING
20 A FEE ON THE RECORDATION OF DEEDS AT FEES EQUAL TO, AND FOR THE PURPOSES OF THE
21 FORMER DOCUMENTARY STAMP TAX INCLUDING THE COUNTY DOCUMENTARY STAMP TAX, ON
22 CONVEYANCES OF REALTY, TO PROVIDE EXEMPTIONS FROM THE FEE, TO PROVIDE FOR THE
23 PAYMENT OF AND COLLECTION OF THE FEE BY THE REPORTING METHOD, TO ESTABLISH THOSE
24 LIABLE FOR THE FEE AND PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS, AND TO
25 REPEAL ARTICLE 3, CHAPTER 21, TITLE 12 AND CHAPTER 25, TITLE 12 OF THE 1976 CODE, RELATING
26 TO THE DOCUMENTARY STAMP TAX.
27
28 A. Title 12 of the 1976 Code is amended by adding:
29
30 "CHAPTER 24
31
32 Deed Recording Fee
33
34 Section 12-24-10. In addition to all other recording fees, a recording fee is imposed for the privilege of recording a
35 deed in which any lands and all improvements on the land, tenements, or other realty is transferred to another person. The
36 fee is one dollar and eighty-five cents for each five hundred dollars, or fractional part of five hundred dollars, of the realty's
37 value as determined by Section 12-24-30.
38
39 Section 12-24-20. (A) Except as provided in subsection (B), the fee imposed by this chapter is the liability of the
40 grantor or the joint or several liability of the grantors, but the grantee is secondarily liable for the payment of the fee.
41 (B) In the case of a master-in-equity deed, the liability for the fee imposed by this chapter is on the grantee or grantees.
42
PART II PAGE 632
1 Section 12-24-30. (A) For purposes of this chapter, the term `value' means the realty's fair market value. In arm's
2 length real property transactions, this value is the sales price paid or to be paid in money or money's worth.
3 (B) A deduction from value is allowed for the amount of any lien or encumbrance existing on the land, tenement, or
4 realty before the transfer and remaining on the land, tenement, or realty after the transfer.
5
6 Section 12-24-40. Exempted from the fee imposed by this chapter are deeds:
7 (1) transferring realty to the federal government;
8 (2) transferring realty to the State, its agencies and departments, and its political subdivisions, including school
9 districts;
10 (3) that are otherwise exempted under the laws and Constitution of this State or of the United States;
11 (4) transferring realty in which no gain or loss is recognized by reason of Section 1041 of the Internal Revenue Code
12 as defined in Section 12-6-40(A);
13 (5) transferring realty from an agent to the agent's principal in which the realty was purchased with the funds of the
14 principal;
15 (6) transferring an individual grave space at a cemetery owned by a cemetery company licensed under Chapter 55 of
16 Title 39;
17 (7) transferring realty to a member of the family or to a family trust or to a family partnership. `Family' means
18 spouse, parents, sisters, brothers, grandparents, grandchildren, and lineal descendants. A `family trust' is a trust whose
19 beneficiaries are all members of the family of the transferor. A `family partnership' is a partnership whose partners are all
20 members of the family of the transferor;
21 (8) transferring realty to a legal heir or devisee;
22 (9) that constitute a contract for the sale of timber to be cut;
23 (10) transferring realty from an individual to a partnership, limited liability company, or corporation upon the formation
24 of the entity if the individual is transferring the realty in order to become a partner, member, or shareholder in the entity.
25 All other transfers of realty to or from the partnership, limited liability company, or corporation, not otherwise exempt, are
26 subject to the fee;
27 (11) transferring realty in a statutory merger or consolidation from a constituent corporation to the continuing or new
28 corporation;
29 (12) transferring realty between a parent corporation and its subsidiary corporation provided no consideration of any
30 kind is paid or is to be paid for the transfer;
31 (13) transferring realty to a nonprofit corporation organized and operated exclusively for either a religious, scientific,
32 charitable, or educational purpose and provided no consideration of any kind is paid or is to be paid for the transfer;
33 (14) that constitute a corrective deed or a quitclaim deed used to confirm title already vested in the grantee provided
34 no consideration of any kind is paid or is to be paid under the corrective or quitclaim deed;
35 (15) transferring realty from an individual to a partnership or limited liability company of which the individual is a
36 partner or a member, provided the transfer is subject to the fee to the extent that the transfer is a transfer of an undivided
37 interest in the realty to partners or members other than the transferor. The determination as to the portion of the realty's
38 value upon which the fee must be paid must be based on the percentage interest in the partnership or limited liability
39 company of the partners or members other than the transferor.
40
41 Section 12-24-50. The fee imposed by this chapter must be remitted to the clerk of court or the register of mesne
42 conveyances in the county in which the realty is located and recorded. If the realty is located in more than one county, the
PART II PAGE 633
1 person having the deed recorded in a county must state by affidavit what portion of the value of the realty is in that county
2 and payment of the fee must be made based on the proportionate value of the realty located in that county.
3
4 Section 12-24-60. The clerk of court or register of mesne conveyances, before recording a deed subject to the fee
5 imposed by this chapter, shall collect the fee and place a notation on the deed containing the following information: the date
6 the deed was filed; the fee collected; and any other information required by the county. If the deed qualifies for an
7 exemption under Section 12-24-40, the word `exempt' must be placed in the notation.
8
9 Section 12-24-70. (A) An affidavit must accompany every deed presented for recording and must set forth the true,
10 full, and complete value of the realty as defined in Section 12-24-30. In addition, the clerk or register of mesne conveyances
11 may require any other information considered necessary. However, the clerk or register of mesne conveyances, at his
12 discretion, may waive the affidavit requirement.
13 If the deed is exempt under Section 12-24-40, the affidavit must state that the deed is exempt and state the reason for
14 the exemption. This affidavit must be signed by a responsible person connected with the transaction and the affidavit must
15 state that connection.
16 (B) The clerk of court or register of mesne conveyances shall file these affidavits in his office.
17 A person required to furnish the affidavit who wilfully furnishes a false or fraudulent affidavit is guilty of a
18 misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year,
19 or both.
20
21 Section 12-24-80. Every clerk of court or register of mesne conveyances and the county shall keep and preserve
22 suitable records to determine the amount of fee due and collected under this chapter. The clerk of court or register of mesne
23 conveyances and the county shall keep and preserve records for five years.
24
25 Section 12-24-90. (A) The fee imposed by this chapter is composed of two fees as follows:
26 (1) a state fee equal to one dollar and thirty cents for each five hundred dollars, or fractional part of five hundred
27 dollars, of the realty's value, and
28 (2) a county fee equal to fifty-five cents for each five hundred dollars, or fractional part of five hundred dollars,
29 of the realty's value.
30 (B) The state fee must be credited as follows:
31 (1) ten cents of each one dollar and thirty cents into the Heritage Land Trust Fund;
32 (2) twenty cents of each one dollar and thirty cents into the South Carolina Housing Trust Fund; and
33 (3) one dollar of each one dollar and thirty cents into the general fund of the State.
34 (C) The county fee must be credited to the general fund of the county.
35
36 Section 12-24-100. (A) The fees imposed by this chapter and collected by the clerk of court or register of mesne
37 conveyances are due and payable to the department in monthly installments with a report on or before the twentieth day of
38 the month following the month in which the fees were collected. The report required by this section must be filed by the
39 county on a form or in the method prescribed by the department. The department, at its discretion, may require counties
40 to remit the fee by electronic funds transfer or any other method considered appropriate.
41 (B) The department, at its discretion, may allow a county to file its report on a basis other than monthly.
42 (C) The county shall remit with each report only that portion of the fee that represents the state portion. The county
PART II PAGE 634
1 portion of the fee must be retained by the county.
2 (D) When a return required by this section is filed and the fees due with it are paid in full on or before the final due
3 date, including any date to which the time for making the return and paying the fees has been extended pursuant to the
4 provisions of Section 12-54-70, the county is allowed a discount equal to three percent of the state's portion of the fees. In
5 no case is a discount allowed if the return or fee on the return is received after the due date or after any extension granted
6 by the department.
7
8 Section 12-24-110. When an instrument has been recorded it is presumed that all requirements of law affecting the title
9 to the realty have been complied with.
10
11 Section 12-24-120. (A) The penalty provisions of Chapter 54 of this title apply to both the state and county portions
12 of the fee imposed by this chapter.
13 (B) If the clerk of court or register of mesne conveyances fails to collect the proper fee due, or place the notation on
14 the instrument as required by this chapter, the clerk of court or register of mesne conveyances is subject to a penalty of not
15 less than fifty dollars nor more than five hundred dollars for each failure. This penalty may be waived or reduced by the
16 department.
17 (C) If the person liable for the fee imposed by this chapter fails to pay the proper fee due, that person is subject to a
18 penalty of not less than fifty dollars nor more than five hundred dollars for each failure. This penalty may be waived or
19 reduced by the department.
20 (D) All penalties and interest collected with respect to this fee must be paid proportionately into the Heritage Land
21 Trust Fund, the South Carolina Housing Trust Fund, the general fund of the State, and the county general fund in accordance
22 with Section 12-24-90(B).
23
24 Section 12-24-130. The fee imposed under this chapter and any penalties and interest thereon are a debt owing to the
25 State by the person or persons liable for the fee and are a lien on all property of these persons, but this lien is valid, so as
26 to affect the rights of purchasers for value, mortgagees, or judgement or other lien creditors, only from the time when
27 warrant is entered upon the transcript of judgments in the county, in the case of real property where the property is situate,
28 and in the case of personal property, where the person liable for the fee resides or possesses personal property if the receiver
29 is a resident of this State, or if the person is a nonresident, where the personal property is situate.
30
31 Section 12-24-140. If the governing body of a county determines that another office of the county shall administer the
32 collecting of the fee as provided under this chapter, the county shall notify the department of this determination and provide
33 the department a letter from the person assigned these duties stating that he is accepting this responsibility. The office
34 designated to collect the fee is subject to all the applicable provisions of this chapter in place of the clerk of court or register
35 of mesne conveyances.
36
37 Section 12-24-150. (A) The department may promulgate regulations, issue instructions or advisory opinions, or provide
38 any other information to the clerks of court, registers of mesne conveyances, or fee payors to ensure uniform administration
39 and collection of the fee imposed by this chapter.
40 (B) All refund requests must be filed with the department, and it is the responsibility of the department to determine
41 if a refund is due and order the issuance of any refund due.
42 (C) The provisions of Chapter 54, including the provisions of Section 12-54-85, and Chapter 60 of this title are
PART II PAGE 635
1 applicable to the fee imposed by this chapter and for purposes of applying these chapters the fee payor is deemed the
2 taxpayer. For purposes of applying Chapter 60, if a clerk of court or register of mesne conveyances disagrees with a fee
3 payor as to whether or not a transaction is exempt or as to the amount of the fee due, the fee payor may do one of the
4 following:
5 (1) The fee payor may pay the fee and file a claim for refund request with the department under the provisions
6 of Section 12-60-470. If the department determines that a refund is not due, the fee payor may appeal the matter to the
7 Administrative Law Judge Division. If the department determines that a refund is due, the department shall refund the state
8 portion of the fee and order the county to issue a refund for the county portion of the fee. Refund orders by the department
9 may not be appealed by the county.
10 (2) The fee payer, upon filing an appeal with the department and a copy of the appeal with the clerk of court or
11 register of mesne conveyances, may record the deed without payment of the fee. The appeal to the department must be
12 administered in the same manner as appeals of property tax exemptions are administered by the department. If the
13 department determines that the fee is due, the fee payor may appeal the decision to the Administrative Law Judge Division.
14 If the department determines that the fee is not due, the county may not appeal that determination."
15
16 B. Article 3, Chapter 21, Title 12, and Chapter 25, Title 12, both of the 1976 Code, are repealed.
17
18 C. This section takes effect on the first day of the sixth month following approval by the Governor and applies with respect
19 to deeds recorded on and after that date.
20
21
22 SECTION 58
23
24 TO AMEND THE 1976 CODE BY ADDING SECTIONS 61-3-605 AND 61-5-86 SO AS TO AUTHORIZE A
25 TEMPORARY RETAIL LIQUOR LICENSE AND A TEMPORARY MINIBOTTLE LICENSE TO THE
26 PURCHASERS OF A BUSINESS CURRENTLY SO LICENSED, TO PROVIDE THAT NO SUCH TEMPORARY
27 LICENSE MAY BE USED FOR A LOCATION DETERMINED TO BE A PUBLIC NUISANCE, TO REQUIRE THE
28 APPLICANT FOR THE LICENSE TO EITHER ALREADY HOLD A PERMANENT RETAIL LIQUOR OR
29 MINIBOTTLE LICENSE OR TO HAVE HAD A STATE LAW ENFORCEMENT DIVISION CRIMINAL HISTORY
30 BACKGROUND CHECK CONDUCTED WITHIN THIRTY DAYS, TO PROVIDE FOR THE DURATION OF THE
31 TEMPORARY LICENSE UNTIL A PERMANENT LICENSE IS APPROVED OR DISAPPROVED, BUT NOT
32 LONGER THAN ONE HUNDRED TWENTY DAYS, TO PROVIDE FOR THE REVOCATION OF THE
33 TEMPORARY LICENSE UPON FAILURE TO APPLY FOR A PERMANENT LICENSE IN A TIMELY MANNER,
34 AND TO IMPOSE A TWENTY-FIVE DOLLAR FEE FOR THE TEMPORARY LICENSE.
35
36 A. Article 5, Chapter 3, Title 61 of the 1976 Code is amended by adding:
37
38 "Section 61-3-605. (A) A person who purchases a retail business which sells alcoholic beverages from a holder of a
39 retail liquor license at the business, upon initiating the application process for a permanent retail liquor license, may be issued
40 a temporary retail liquor license by the department at the time of the purchase if the location for which the temporary license
41 is sought is not considered by the department to be a public nuisance as defined by the department in regulation and:
42 (1) the applicant currently holds a valid retail liquor license; or
PART II PAGE 636
1 (2) the applicant has had a criminal history background check conducted by the State Law Enforcement Division
2 within the past thirty days.
3 (B) A temporary license issued pursuant to subsection (A) is valid until a permanent license is approved or disapproved
4 by the department, but in no case is it valid for longer than one hundred twenty days.
5 (C) Notwithstanding subsection (B), the department may revoke a temporary license if the applicant fails to proceed
6 with obtaining the permanent license in a timely manner, as set forth by the department in regulation.
7 (D) The department shall collect a fee of twenty-five dollars for each temporary license sought. The funds generated
8 by this fee must be deposited in the general fund of the State."
9
10 B. Article 1, Chapter 5, Title 61 of the 1976 Code is amended by adding:
11
12 "Section 61-5-86. (A) A person who purchases a retail business which sells alcoholic liquors in sealed containers of
13 two ounces or less from a holder of a license to sell alcoholic liquors in sealed containers of two ounces or less at the
14 business, upon initiating the application process for a permanent license, may be issued a temporary license by the department
15 at the time of the purchase if the location for which the temporary license is sought is not considered by the department to
16 be a public nuisance as defined by the department in regulation and:
17 (1) the applicant currently holds a valid license to alcoholic liquors in sealed containers of two ounces or less;
18 or
19 (2) the applicant has had a criminal history background check conducted by the State Law Enforcement Division
20 within the past thirty days.
21 (B) A temporary license issued pursuant to subsection (A) is valid until a permanent license is approved or disapproved
22 by the department, but in no case is it valid for longer than one hundred and twenty days.
23 (C) Notwithstanding subsection (B), the department may revoke a temporary license if the applicant fails to proceed
24 with obtaining the permanent license in a timely manner, as set forth by the department in regulation.
25 (D) The department shall collect a fee of twenty-five dollars for each temporary license sought. The funds generated
26 by this fee must be deposited in the general fund of the State."
27
28
29 SECTION 59
30
31 TO AMEND THE 1976 CODE BY ADDING SECTION 12-4-580 SO AS TO AUTHORIZE THE DEPARTMENT OF
32 REVENUE AND TAXATION TO COLLECT LIABILITIES OWED GOVERNMENTAL ENTITIES, TO ALLOW
33 THE DEPARTMENT TO CHARGE FEES FOR THESE SERVICES, TO REQUIRE GOVERNMENTAL ENTITIES
34 TO INDEMNIFY THE DEPARTMENT AGAINST LOSSES ARISING OUT OF THESE COLLECTION
35 ACTIVITIES, AND TO PROVIDE DEFINITIONS.
36
37 A. Article 5, Chapter 4, Title 12 of the 1976 Code is amended by adding:
38
39 "Section 12-4-580. (A) The department and any other governmental entity may contract to allow the department to
40 collect any outstanding liabilities owed the governmental entity. In administering the provisions of such agreements, the
41 department has all the rights and powers of collection allowed it under this title for the collection of taxes and all such rights
42 and powers authorized the governmental entity to which the liability is owed.
PART II PAGE 637
1 (B) The department may charge a reasonable fee for any collection effort made on a governmental entity's behalf.
2 The amount of the fee must be negotiated between the governmental entity and the department.
3 (C) Governmental entities that contract with the department pursuant to this section shall indemnify the department
4 against any injuries, actions, liabilities, or proceedings arising from the department's collecting or attempting to collect the
5 liability owed to the governmental entity.
6 (D) As used in this section:
7 (1) `governmental entity' means the State and any state agency, board, committee, commission, department, or
8 public institution of higher learning; all political subdivisions of the State; and all federal agencies, boards, and commissions.
9 `Political subdivision' includes the Municipal Association of South Carolina and the South Carolina Association of Counties
10 when these organizations submit claims on behalf of their members.
11 (2) `liabilities owed the governmental entity' means a debt which is certified by the governmental entity to be
12 owed it for which all rights of administrative or judicial appeal have been exhausted or all time limits for these appeals have
13 expired."
14
15 B. This section takes effect July 1, 1996.
16
17
18 SECTION 60
19
20 TO AMEND SECTION 12-36-70 OF THE 1976 CODE, RELATING TO THE DEFINITION OF RETAILER AND
21 SELLER FOR PURPOSES OF THE SALES TAX, INCLUDING A PROVISION THAT THESE TERMS INCLUDE
22 PERSONS FURNISHING ACCOMMODATIONS TO TRANSIENTS; AND TO AMEND SECTION 12-36-920,
23 RELATING TO THE SALES TAX ON ACCOMMODATIONS TO TRANSIENTS, SO AS TO PROVIDE THAT THE
24 EXCEPTION FOR FACILITIES CONSISTING OF LESS THAN SIX SLEEPING ROOMS IN A SINGLE BUILDING
25 SHALL INSTEAD BE FOR FACILITIES CONSISTING OF LESS THAN SIX SLEEPING ROOMS ON THE SAME
26 PREMISES.
27
28 (A) Section 12-36-70(1)(b) of the 1976 Code is amended to read:
29
30 "(b) furnishing accommodations to transients for a consideration, except an individual furnishing accommodations of
31 less than six sleeping rooms within a single building on the same premises, which is the individuals place of abode;"
32
33 (B) Section 12-36-920(A) of the 1976 Code is amended to read:
34
35 "(A) A sales tax equal to seven percent is imposed on the gross proceeds derived from the rental or charges for any
36 rooms, campground spaces, lodgings, or sleeping accommodations furnished to transients by any hotel, inn, tourist court,
37 tourist camp, motel, campground, residence, or any place in which rooms, lodgings, or sleeping accommodations are
38 furnished to transients for a consideration. This tax does not apply where the facilities consist of less than six sleeping rooms,
39 contained in a single building on the same premises, which is used as the individuals place of abode. The gross proceeds
40 derived from the lease or rental of sleeping accommodations supplied to the same person for a period of ninety continuous
41 days are not considered proceeds from transients. The tax imposed by this subsection (A) does not apply to additional guest
42 charges as defined in subsection (B)."
PART II PAGE 638
1 SECTION 61
2
3 EXTENDING THE TIME FOR THE TIMELY FILING FOR A REFUND OF OVERPAID STATE INCOME TAXES
4 WHEN THE CLAIM IS BASED ON ASSESSMENTS ON INCOME TAXED BOTH BY THIS STATE AND
5 ANOTHER STATE AND TO REQUIRE THE TAXPAYER CLAIMING THE REFUND MADE TIMELY BY THIS
6 SECTION TO APPLY TO THE DEPARTMENT OF REVENUE AND TAXATION WITHIN NINETY DAYS OF THE
7 EFFECTIVE DATE OF THIS SECTION TO REQUEST THAT THE CLAIM BE HONORED.
8
9 A. Notwithstanding the time limits provided in Section 12-54-85 of the 1976 Code on filing claims for refund of overpaid
10 state income taxes, a claim for refund arising from assessments based on income taxed both by this State and another state
11 is deemed timely if filed on or after January 1, 1991, but only if the taxpayer applies to the Department of Revenue and
12 Taxation within ninety days of the effective date of this section requesting that the claim for refund be honored.
13
14 B. This section takes effect upon approval by the Governor.
15
16
17 SECTION 62
18
19 TO AMEND SECTION 12-36-2120, AS AMENDED, OF THE 1976 CODE, RELATING TO SALES AND USE TAX
20 EXEMPTIONS, SO AS TO EXEMPT FROM SALES TAX GROSS PROCEEDS FROM THE SALE OF MOTOR
21 VEHICLE EXTENDED SERVICE CONTRACTS AND MOTOR VEHICLE EXTENDED WARRANTIES.
22
23 A. Section 12-36-2120 of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
24
25 "( ) motor vehicle extended service contracts and motor vehicle extended warranty contracts;"
26
27 B. This section takes effect July 1, 1996, and applies only with respect to sales occurring after June 30, 1993. No refund
28 is due any taxpayer of sales and use tax paid on motor vehicle extended service contracts and extended warranty contracts
29 before July 1, 1996.
30
31
32 SECTION 63
33
34 TO AMEND TITLE 17 OF THE 1976 CODE, RELATING TO CRIMINAL PROCEDURES, BY ADDING CHAPTER
35 20 SO AS TO ESTABLISH A STATEWIDE CRIME STOPPERS ORGANIZATION IN THE OFFICE OF THE
36 GOVERNOR.
37
38 A. Title 17 of the 1976 Code is amended by adding:
39
40 "CHAPTER 20
41
42 Statewide Crime Stoppers Organization
PART II PAGE 639
1 Section 17-20-10. There is established in the Office of the Governor a statewide crime stoppers organization to
2 organize a local crime stoppers program in each county, high school, and throughout the state's prison system. The
3 organization also shall operate a statewide toll free number."
4
5 B. This section takes effect July 1, 1996.
6
7
8 SECTION 64
9
10 TO AMEND SECTION 38-55-550 OF THE 1976 CODE, RELATING TO CIVIL PENALTIES FOR INSURANCE
11 FRAUD AND THE USE OF THE REVENUES DERIVED FROM THESE PENALTIES, SO AS TO PROVIDE THAT
12 THESE REVENUES MUST BE DEPOSITED IN THE GENERAL FUND OF THE STATE; AND TO AMEND
13 SECTION 38-55-560, RELATING TO THE INSURANCE FRAUD DIVISION OF THE OFFICE OF THE
14 ATTORNEY GENERAL AND THE STATE LAW ENFORCEMENT DIVISION INVESTIGATING AND
15 ENFORCING THE PROVISIONS OF THE OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT,
16 SO AS TO PROVIDE THAT THE INSURANCE FRAUD DIVISION AND INVESTIGATIVE SERVICES SECTION
17 OF THE STATE LAW ENFORCEMENT DIVISION PERFORMING THESE FUNCTIONS MUST BE FUNDED AS
18 PROVIDED IN THE ANNUAL GENERAL APPROPRIATION ACT, TO DELETE THE DEDICATION OF
19 SPECIFIC REVENUES TO THESE ENTITIES, AND TO PROVIDE THAT CRIMINAL FINES IMPOSED FOR
20 VIOLATIONS OF THE PROVISIONS OF THIS ACT ALSO MUST BE DEPOSITED IN THE STATE GENERAL
21 FUND.
22
23 A. Section 38-55-550(D) of the 1976 Code is amended to read:
24
25 "(D) All revenues from the civil penalties imposed pursuant to this section must be used to provide funds for the costs
26 of enforcing and administering the provisions of this article deposited in the general fund of this State."
27
28 B. Section 38-55-560(D) of the 1976 Code is amended to read:
29
30 "(D) The Insurance Fraud Division of the Office of Attorney General and the investigative services of the State law
31 Enforcement Division as provided by this section must be funded by an appropriation of not less than two hundred thousand
32 dollars annually from the general revenues of the State derived from the insurance premium taxes collected by the
33 Department of Insurance and/or from fines assessed under Sections 38-55-170 and 38-55-540 which must be deposited in
34 the general revenue fund to the credit of the Office of the Attorney General and the State Law Enforcement Division to offset
35 the costs of this program; provided, that the funds generated from these fines, to be utilized by either the Office of the
36 Attorney General or the State Law Enforcement Division shall not total more than five hundred thousand dollars. These
37 monies must be shared equally on a fifty-fifty basis by the Office of the Attorney General and the State Law Enforcement
38 Division, and the balance must go to the general fund of the State as provided by the General Assembly in the annual general
39 appropriation act. The criminal fines assessed under Sections 38-55-170 and 38-55-540 must be deposited in the general fund
40 of the State."
41
42 C. This section takes effect July 1, 1996.
PART II PAGE 640
1 SECTION 65
2
3 TO AMEND SECTIONS 8-13-1366 AND 8-13-1372, BOTH AS AMENDED, OF THE 1976 CODE, RELATING TO
4 PUBLIC AVAILABILITY OF CERTIFIED CAMPAIGN REPORTS AND TECHNICAL VIOLATIONS ON FILING
5 CAMPAIGN REPORTS, SO AS TO DELETE THE STATE ELECTION COMMISSION FROM HAVING
6 RESPONSIBILITY TO FURNISH CERTIFIED CAMPAIGN REPORTS AND SUBSTITUTE THE STATE ETHICS
7 COMMISSION FOR THE STATE ELECTION COMMISSION AS THE AGENCY RESPONSIBLE FOR
8 DETERMINING TECHNICAL VIOLATIONS OF CHAPTER 13 OF TITLE 8 (ETHICS, GOVERNMENT
9 ACCOUNTABILITY, AND CAMPAIGN REFORM ACT OF 1991).
10
11 A. Section 8-13-1366 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
12
13 "Section 8-13-1366. Certified campaign reports must be made available for public inspection at the office of the State
14 Ethics Commission, the State Election Commission, the Senate Ethics Committee, the House of Representatives Ethics
15 Committee, and the county clerk of court within two business days of receipt. The commissions, ethics committees, and
16 county clerks of court may not require any information or identification as a condition of viewing a report or reports. The
17 commissions, ethics committees, and the county clerks of court shall ensure that the reports are available for copying or
18 purchase at a reasonable cost."
19
20 B. Section 8-13-1372(A) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
21
22 "(A) The State Election Ethics Commission, in its discretion, may determine that errors or omissions on campaign
23 reports are inadvertent and unintentional and not an effort to violate a requirement of this chapter and may be handled as
24 technical violations which are not subject to the provisions of this chapter pertaining to ethical violations. Technical
25 violations must remain confidential unless requested to be made public by the candidate filing the report. In lieu of all other
26 penalties, the State Election Ethics Commission may assess a technical violations penalty not to exceed fifty dollars."
27
28
29 SECTION 66
30
31 TO AMEND THE 1976 CODE BY ADDING SECTION 50-3-180 SO AS TO CREATE THE MITIGATION TRUST
32 FUND OF SOUTH CAROLINA FOR THE MITIGATION OF ADVERSE IMPACT TO NATURAL RESOURCES
33 AND TO PROVIDE FOR THE ADMINISTRATION OF THE FUND.
34
35 A. Section 50-3-180. (A) The Mitigation Trust Fund of South Carolina is created for the purpose of receiving gifts,
36 grants, contributions, and other proceeds for mitigation projects in the State. The Board of Trustees for the Mitigation Trust
37 Fund is the chairman and the members of the South Carolina Department of Natural Resources Board with full authority over
38 the administration of the funds deposited in the fund. The State Treasurer is the custodian of the fund and shall invest its
39 assets in an interest-bearing account pursuant to South Carolina law.
40 (B) The Mitigation Trust Fund may receive appropriations of state general funds, federal funds, donations, gifts, bond
41 issue receipts, securities, and other monetary instruments of value. Reimbursement for monies expended from this fund must
42 be deposited in this fund. Funds received through sale, exchange, or otherwise, of products of the property including, but
PART II PAGE 641
1 not limited to, timber and utility easement rights, accrue to the Mitigation Trust Fund.
2 (C) The income received and accruing from the fund must be spent only for the acquisition, restoration, enhancement,
3 or management of property for mitigation for adverse impacts to natural resources.
4 (D) The proceeds from this fund may be carried forward from year to year and do not revert to the general fund of
5 the State.
6
7 B. This section takes effect July 1, 1996.
8
9
10 SECTION 67
11
12 TO AMEND THE 1976 CODE BY ADDING ARTICLE 76 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR
13 SPECIAL LICENSE PLATES FOR SHRINERS.
14
15 Chapter 3, Title 56 of the 1976 Code is amended by adding:
16
17 "Article 76
18
19 Shriners License Plates
20
21 Section 56-3-7860. The department may issue special motor vehicle license plates to members of the Shriners for
22 private motor vehicles registered in their names. The fee for the issuance of this special plate must be the regular motor
23 vehicle registration fee contained in Article 5, Chapter 3 of this title which must be deposited in the state general fund and
24 the special fee required by Section 56-3-2020 which must be deposited with the Department of Revenue and Taxation. The
25 department shall assess the cost of production, administration, and issuance of this plate and provide this information to the
26 General Assembly every five years. Only one plate may be issued to a Shriner."
27
28
29 SECTION 68
30
31 TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR
32 VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 50 SO AS TO PROVIDE FOR THE
33 ISSUANCE OF "PUBLIC EDUCATION: A GREAT INVESTMENT" LICENSE PLATES, AND TO PROVIDE FOR
34 THE DISBURSEMENT OF THE FEES COLLECTED.
35
36 Chapter 3, Title 56 of the 1976 Code is amended by adding:
37
38 "Article 50
39
40 Public Education: A Great Investment
41 License Plates
PART II PAGE 642
1 Section 56-3-7980. The Department of Public Safety may issue a special commemorative `Public Education: A Great
2 Investment' motor vehicle license plate to establish a special fund to be used by the Department of Education for the purpose
3 of providing computers to the school districts. The biennial fee for the commemorative license plate is fifty-four dollars,
4 and of this amount, thirty-four dollars must be placed in a special `Public Education: A Great Investment Fund' established
5 within and administered by the Department of Education and twenty dollars must be distributed to the school districts where
6 the purchasers of the license plates reside to be used to purchase computers. The commemorative plate must be of the same
7 size and general design of regular motor vehicle license plates and must be imprinted with the words `Public Education: A
8 Great Investment'. The plates must be issued or revalidated for a biennial period which expires twenty-four months from
9 the month they are issued."
10
11
12 SECTION 69
13
14 TO AMEND SECTION 59-35-10 OF THE 1976 CODE, RELATING TO KINDERGARTEN PROGRAMS, SO AS TO
15 PROVIDE THAT BEGINNING WITH SCHOOL YEAR 1996-97, SCHOOL DISTRICTS WHICH CHOOSE TO
16 OFFER AN EXTENDED-DAY FIVE-YEAR-OLD KINDERGARTEN PROGRAM SHALL BE ELIGIBLE FOR
17 CERTAIN STATE FUNDING, TO PROVIDE THAT LOCAL BOARDS SHALL ESTABLISH POLICIES
18 REGARDING PRIORITY OF SERVICE IN EXTENDED-DAY PROGRAMS, TO PROVIDE THAT PARENTS WITH
19 CHILDREN WHO ARE ELIGIBLE TO ATTEND THE EXTENDED-DAY FIVE-YEAR-OLD KINDERGARTEN
20 PROGRAM MAY ELECT A HALF-DAY PROGRAM FOR THEIR CHILDREN, AND TO REQUIRE PARENTS TO
21 PROVIDE NOTIFICATION TO THE SCHOOL DISTRICT OF THEIR ELECTION TO ENROLL THEIR CHILD
22 IN THE FULL-DAY PROGRAM.
23
24 Section 59-35-10 of the 1976 Code is amended to read:
25
26 "Section 59-35-10. The board of trustees of each school district shall establish and provide kindergartens for children
27 within its jurisdiction. All children in the five-year-old kindergarten program must be counted in the average daily
28 membership of any public school district when public school funds are to be apportioned to the several school districts. State
29 aid for the five-year-old kindergarten program must be distributed through the formula provided for in the `Education Finance
30 Act' (Act 163 of 1977).
31 Beginning with school year 1996-97, school districts which choose to offer an extended-day five-year-old kindergarten
32 program shall be eligible for funding for the extended day equal to the EFA weight for a child attending a half-day
33 five-year-old kindergarten program as funds are made available from the General Assembly. No local match is required for
34 the extended-day funding. Local boards of trustees shall establish policies regarding priority of service in the extended-day
35 program.
36 Parents of children who are eligible to attend the extended-day five-year-old kindergarten may elect the half-day
37 program for their children. Parents intending to enroll their eligible children in a full-day kindergarten program must notify
38 the district by January thirty-first of the year of the anticipated enrollment date, except that such notice for the 1996-97
39 school year only must be provided by July 15, 1996. Parents moving into the district after the notification date may apply
40 for full-day kindergarten on a space available basis."
PART II PAGE 643
1 SECTION 70
2
3 TO AMEND SECTION 59-24-10, AS AMENDED, OF THE 1976 CODE, RELATING TO ASSESSMENT OF
4 LEADERSHIP AND MANAGEMENT CAPABILITIES OF PERSONS BEING CONSIDERED FOR APPOINTMENT
5 AS ELEMENTARY OR SECONDARY SCHOOL PRINCIPALS, SO AS TO PROVIDE THAT BEGINNING WITH
6 THE SCHOOL YEAR 1996-97, ANY PERSON APPOINTED AS A PRINCIPAL FOR ANY ELEMENTARY
7 SCHOOL, SECONDARY SCHOOL, OR VOCATIONAL CENTER MUST BE ASSESSED FOR INSTRUCTIONAL
8 LEADERSHIP AND MANAGEMENT CAPABILITIES BY THE ASSESSMENT CENTER OF SOUTH CAROLINA
9 DEPARTMENT OF EDUCATION AND A PERSONAL PROFESSIONAL DEVELOPMENT PLAN CONSTRUCTED
10 ON THE BASIS OF THAT ASSESSMENT PRIOR TO OR WITHIN ONE YEAR OF THE DATE SUCH
11 APPOINTMENT IS MADE, TO PROVIDE THAT A REPORT OF THIS ASSESSMENT MUST BE FORWARDED
12 TO THE DISTRICT SUPERINTENDENT, AND TO PROVIDE CERTAIN EXCEPTIONS; TO AMEND SECTION
13 59-24-30 OF THE 1976 CODE, RELATING TO PARTICIPATION BY SUPERINTENDENTS AND PRINCIPALS
14 IN SEMINARS ON IMPROVEMENT OF ADMINISTRATIVE SKILLS AND INSTRUCTIONAL LEADERSHIP, SO
15 AS TO REQUIRE ALL SCHOOL ADMINISTRATORS TO ANNUALLY DEVELOP OR UPDATE AN INDIVIDUAL
16 PROFESSIONAL DEVELOPMENT PLAN WHICH IS APPROPRIATE FOR THEIR ROLE OR POSITION, TO
17 PROVIDE FOR THE CONTENTS OF AND SUPPORT FOR THESE PLANS, AND TO PROVIDE FOR CERTAIN
18 FUNDING OF THE NEW LEADERSHIP ASSESSMENT AND SUPPORT FOR THE PROFESSIONAL
19 DEVELOPMENT PLAN.
20
21 A. Section 59-24-10 of the 1976 Code, as last amended by Act 85 of 1987, is further amended to read:
22
23 "Section 59-24-10. Beginning with the school year 1985-86, any person being considered for appointment as a
24 principal for any elementary or secondary school must be assessed for his instructional leadership and management
25 capabilities by the Assessment Center of the South Carolina Department of Education, and a written report of the assessment
26 must be forwarded to the board of trustees of the district before the appointment is made. The provisions of this section do
27 not apply to any persons currently employed as principals on the effective date of the South Carolina Education Improvement
28 Act of 1984 nor to any persons hired as principals before the beginning of school year 1985-86.
29 The State Department of Education shall provide facilities for assessment, monitor the utilization of those assessed, and
30 present an annual report to the Select Committee on:
31 (1) the number of prospective principals assessed;
32 (2) their assignment to the principalship;
33 (3) the potential of the assessment program for improving school administration.
34 Beginning with the school year 1996-97, any person appointed as a principal for any elementary school, secondary
35 school, or vocational center must be assessed for instructional leadership and management capabilities by the Assessment
36 Center of South Carolina Department of Education and a personal professional development plan constructed on the basis
37 of that assessment prior to or within one year of the date such appointment is made. A report of this assessment must be
38 forwarded to the district superintendent. The provisions of this section do not apply to any persons currently employed as
39 principals on the effective date of the provisions of this paragraph nor to any persons hired as principals before the beginning
40 of school year 1996-97."
41
42 B. Section 59-24-30 of the 1976 Code is amended to read:
PART II PAGE 644
1 "Section 59-24-30. All school superintendents and principals must successfully participate every two years in at least
2 one seminar designed to provide training in improving administrative skills and instructional leadership. This seminar must
3 receive prior approval by the State Board of Education.
4 All school administrators shall develop annually or update an individual professional development plan which is
5 appropriate for their role or position. This plan shall support both their individual growth and organizational needs.
6 Organizational needs must be defined by the districts' strategic plans or school renewal plans. The Department of Education
7 shall assist school administrators in carrying out their professional development plans by providing or brokering programs
8 and services in the area of professional development."
9
10 C. Funding authorized to be expended for assessments of prospective principals and for administrator leadership seminars
11 must be expended for the new leadership assessment and for support of the school administrator professional development
12 planning.
13
14
15 SECTION 71
16
17 TO AMEND ARTICLE 4, CHAPTER 63, TITLE 59 OF THE 1976 CODE, RELATING TO THE SCHOOL CRIME
18 REPORT ACT, SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL FORWARD
19 ALL INFORMATION CONCERNING SCHOOL-RELATED CRIME TO THE ATTORNEY GENERAL'S OFFICE,
20 WHICH SHALL BE USED BY HIM IN THE SUPERVISION OF THE PROSECUTION OF SCHOOL CRIME, TO
21 REQUIRE LOCAL LAW ENFORCEMENT OFFICIALS TO CONTACT THE ATTORNEY GENERAL'S "SCHOOL
22 SAFETY PHONE LINE" TO REPORT CERTAIN CRIMES, TO REQUIRE THE ATTORNEY GENERAL'S OFFICE
23 TO USE EXISTING FUNDING TO OFFSET EXPENSES ASSOCIATED WITH THE SCHOOL SAFETY PHONE
24 LINE, AND TO AUTHORIZE THE ATTORNEY GENERAL TO REPRESENT A LOCAL SCHOOL DISTRICT
25 WHEN A SCHOOL CRIME CASE IS APPEALED TO AN APPELLATE COURT.
26
27 Article 4, Chapter 63 of Title 59 of the 1976 Code is amended to read:
28
29 "Article 4
30
31 School Crime Reporting Report Act
32
33 Section 59-63-310. This article may be cited as the `School Crime Report Act'.
34
35 Section 59-63-320. By December 31, 1990, the State Department of Education, after consultation with the State Law
36 Enforcement Division, shall develop a standard school crime reporting form which must be used by all school districts in
37 the State. The form must define what constitutes criminal activity required to be reported and must include, but is not limited
38 to, the following:
39
40 (1) types and frequency of criminal incident;
41 (2) crimes against the person, including:
42 (a) description of crime;
PART II PAGE 645
1 (b) age and sex of offender and whether the offender is a student. If the offender is a student, whether he
2 attended the school where the crime occurred or a different school, and whether he was under school suspension or expulsion
3 at the time of the offense;
4 (c) age and sex of the victim and whether the victim is a student. If the victim is a student, whether he attended
5 the school where the crime occurred or a different school. If the victim is not a student, whether he was employed at the
6 school and, if so, in what capacity;
7 (d) where, at what time, and under what circumstances the incident occurred;
8 (e) the cost of the crime to the school and to the victim;
9 (f) what action was taken by the school administration;
10 (3) crimes against property, including:
11 (a) description of the crime;
12 (b) where, at what time, and under what circumstances the crime occurred;
13 (c) the cost of the crime to the school and to the victim;
14 (d) what action was taken by the school administration.
15
16 Section 59-63-330. On forms prepared and supplied by the State Department of Education, each school district in the
17 State shall report school-related crime quarterly to the State Department of Education. The department shall compile the
18 information received from the districts and annually, not later than January thirty-first of the year following the districts' final
19 quarterly reports of the school year, make a report to the General Assembly of the findings. In addition, the State
20 Department of Education shall, upon receipt, forward all information concerning school-related crime to the Attorney
21 General's Office. This information shall be used by the Attorney General in the supervision of the prosecution of school
22 crime.
23
24 Section 59-63-340. The State Board of Education shall promulgate regulations necessary to enforce the provisions of
25 this article.
26
27 Section 59-63-350. Local law enforcement officials are required to contact the Attorney General's `school safety phone
28 line' to report when any felony, assault and battery of a high and aggravated nature, crime involving a weapon or drug
29 offense is committed on school property or at a school sanctioned or sponsored activity, or to report any crime pursuant to
30 Section 59-24-60. Existing state or grant funds, or both, appropriated to the Attorney General's Office shall be used to offset
31 any expenses associated with the school safety phone line.
32
33 Section 59-63-360. The Attorney General shall monitor all reported school crimes and ensure prosecution of those
34 crimes. The Attorney General may represent the local school district when the case is appealed to an appellant court."
35
36
37 SECTION 72
38
39 TO AMEND SECTION 59-19-90 OF THE 1976 CODE, RELATING TO THE POWERS AND DUTIES OF SCHOOL
40 DISTRICT BOARDS OF TRUSTEES, SO AS TO ELIMINATE THE REQUIREMENT THAT THE PROVISION OF
41 SCHOOL CLASSROOMS OR OTHER SPACE FOR SCHOOL-AGE CHILD CARE PROGRAMS OR FACILITIES
42 BE LIMITED TO NOT-FOR-PROFIT ORGANIZATIONS.
PART II PAGE 646
1 Section 59-19-90(11) of the 1976 Code is amended to read:
2
3 "(11) Provide school-age child care program or facilities therefor. Provide:
4 (a) a school-age child care program for children aged five through fourteen years that operates before or after
5 the school day, or both, and during periods when school is not in session;
6 (b) a school-age child care program that operates during periods when school is in session for students who are
7 enrolled in a half-day kindergarten program; or
8 (c) classrooms, other space, or both, in a school for use by a an not-for-profit organization that is operating a
9 school-age child care program before or after the school day, or both, and during periods when school is
10 not in session for children aged five through fourteen years.
11 All latchkey programs operating pursuant to this item must be licensed."
12
13
14 SECTION 73
15
16 TO AMEND SECTION 59-103-10, AS AMENDED, RELATING TO THE STATE COMMISSION ON HIGHER
17 EDUCATION, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH MEMBERS REPRESENTING
18 THE CONGRESSIONAL DISTRICTS OF THIS STATE SHALL BE APPOINTED AND TO CORRECT A
19 REFERENCE; TO AMEND THE 1976 CODE BY ADDING SECTION 59-103-15 SO AS TO DEFINE THE MISSION
20 OF HIGHER EDUCATION IN SOUTH CAROLINA AND OF EACH TYPE OF PUBLIC INSTITUTION OF
21 HIGHER LEARNING; TO AMEND SECTION 59-103-20, RELATING TO STUDIES OF INSTITUTIONS OF
22 HIGHER LEARNING, SO AS TO PROVIDE THAT THE COMMISSION SHALL BE RESPONSIBLE FOR A
23 COORDINATED, EFFICIENT, AND RESPONSIVE HIGHER EDUCATION SYSTEM IN THIS STATE AND TO
24 PROVIDE FOR THE RESPONSIBILITIES OF THE COMMISSION IN THIS REGARD; TO AMEND THE 1976
25 CODE BY ADDING SECTION 59-103-30 SO AS TO ESTABLISH CRITICAL SUCCESS FACTORS FOR
26 ACADEMIC QUALITY IN THE INSTITUTIONS OF HIGHER LEARNING IN THIS STATE AND THE
27 PERFORMANCE INDICATORS BY WHICH THESE SUCCESS FACTORS CAN BE MEASURED; TO AMEND
28 SECTION 59-103-35, AS AMENDED, RELATING TO THE SUBMISSION OF THE BUDGETS OF PUBLIC
29 INSTITUTIONS OF HIGHER LEARNING AND THE APPROVAL AND REVIEW OF THE PROGRAMS OF
30 THESE INSTITUTIONS, SO AS TO REVISE THE MANNER IN WHICH THE PUBLIC HIGHER EDUCATION
31 SYSTEM'S ANNUAL BUDGET REQUEST IS DETERMINED AND REVISE THE COMMISSION'S
32 RESPONSIBILITIES WITH REGARD TO AN INSTITUTION'S PROGRAMS; TO AMEND SECTION 59-103-45,
33 RELATING TO THE DUTIES AND FUNCTIONS OF THE COMMISSION ON HIGHER EDUCATION, SO AS TO
34 REQUIRE THE COMMISSION TO DEVELOP STANDARDS FOR AND MEASUREMENT MECHANISMS OF
35 THESE PERFORMANCE INDICATORS, DIRECT THE COMMISSION TO BASE THE HIGHER EDUCATION
36 FUNDING FORMULA ON AN INSTITUTION'S ACHIEVEMENT OF THESE STANDARDS, PERMIT THE
37 COMMISSION TO REDUCE, EXPAND, OR CONSOLIDATE ANY INSTITUTION INCLUDING THOSE WHICH
38 DO NOT MEET THE STANDARDS OF ACHIEVEMENT, AND BEGINNING JULY 1, 1999, TO CLOSE SUCH
39 INSTITUTIONS WHICH DO NOT MEET THESE STANDARDS, REQUIRE THE COMMISSION TO REVIEW AND
40 APPROVE EACH INSTITUTIONAL MISSION STATEMENT, AND ENSURE ACCESS AND EQUITY
41 OPPORTUNITIES AT EACH INSTITUTION FOR ALL CITIZENS OF THIS STATE; BY ADDING SECTION
42 59-103-65 SO AS TO PROVIDE FOR THE MANNER IN WHICH AN INSTITUTION SHALL BE CLOSED IF AN
PART II PAGE 647
1 INSTITUTION BEGINNING JULY 1, 1999, IS CLOSED BY THE COMMISSION; TO AMEND SECTION
2 59-103-110, RELATING TO APPROVAL OF NEW CONSTRUCTION AT PUBLIC INSTITUTIONS OF HIGHER
3 LEARNING, SO AS TO REVISE THE MANNER IN WHICH AN INSTITUTIONS' CONSTRUCTION AND
4 FACILITIES AND REAL PROPERTY ACQUISITIONS AND AUTHORIZATIONS ARE APPROVED AND DELETE
5 CERTAIN OTHER PROVISIONS PERTAINING TO THE APPLICABILITY OF THIS SECTION; TO AMEND
6 CHAPTER 104 OF TITLE 59, RELATING TO INITIATIVES FOR RESEARCH AND ACADEMIC EXCELLENCE,
7 SO AS TO REVISE SUCH PROVISIONS TO INCORPORATE APPROPRIATE REFERENCES TO THE
8 PERFORMANCE INDICATORS FOR ACADEMIC SUCCESS ABOVE-REFERENCED AND REFERENCES TO
9 OTHER DUTIES AND FUNCTIONS CONFERRED ABOVE ON THE COMMISSION; TO AMEND SECTION
10 59-101-350, RELATING TO THE ANNUAL REPORT TO THE GOVERNOR AND GENERAL ASSEMBLY BY THE
11 STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE CONTENTS OF THIS REPORT AND
12 WHAT INSTITUTIONS MUST SUBMIT TO THE COMMISSION FOR PURPOSES OF PREPARING THE
13 REPORT; TO DESIGNATE SECTIONS 95 A. AND 95 B., PART II OF ACT 145 OF 1995, AS SECTIONS 59-145-10
14 AND 59-145-20, RESPECTIVELY, OF THE 1976 CODE; TO AMEND SECTION 59-145-20, RELATING TO
15 FUNDING FOR SINGLE-GENDER PROGRAMS OF HIGHER LEARNING IN THIS STATE, SO AS TO PROVIDE
16 THAT THE COMMISSION ON HIGHER EDUCATION SHALL NOT BE AUTHORIZED TO REQUIRE ANY
17 CHANGE TO A COURT-APPROVED SINGLE-GENDER EDUCATION PROGRAM WHICH WOULD HINDER
18 THE PROGRAM'S ABILITY TO PRODUCE A SUBSTANTIVELY COMPARABLE OUTCOME; TO PROVIDE
19 THAT SECTIONS 59-145-10 AND 59-145-20 SHALL TAKE EFFECT UPON APPROVAL OF A SINGLE-GENDER
20 PROGRAM BY ANY COURT OF COMPETENT JURISDICTION; AND TO DELETE SECTION 95 C. PART II OF
21 ACT 145 OF 1995 RELATING TO THE EFFECTIVE DATE OF SECTIONS 59-145-10 AND 59-145-20
22 REFERENCED ABOVE; AND TO ESTABLISH A COMMITTEE TO CONDUCT A PERFORMANCE AUDIT OF
23 PUBLIC COLLEGES AND UNIVERSITIES IN SOUTH CAROLINA AND THE COMMISSION ON HIGHER
24 EDUCATION.
25
26 A. Section 59-103-10 of the 1976 Code, as amended by Act 137 of 1995, is further amended to read:
27
28 "Section 59-103-10. There is created the State Commission on Higher Education. The commission shall consist of
29 fourteen members appointed by the Governor. The membership must consist of one at-large member to serve as chairman,
30 one representative from each of the six congressional districts, three members appointed from the State at-large, three
31 representatives of the public colleges and universities, and one representative of the independent colleges and universities
32 of South Carolina.
33 The membership of the Commission on Higher Education must be as follows:
34 (1) Nine members, six to represent each of the congressional districts of this State appointed by the Governor
35 upon the recommendation of a the majority of the Senators and a majority of the members of the House of Representatives
36 comprising of the legislative delegation members from the district and three members appointed from the State at-large upon
37 the advice and consent of the Senate. Each representative of a congressional district must be a resident of the congressional
38 district they represent. In order to qualify for appointment, the representatives from the congressional districts and those
39 appointed at large must have experience in at least one of the following areas: business, the education of future leaders and
40 teachers, management, or policy. A member representing the congressional districts or appointed at large must not have
41 been, during the succeeding preceding five years, a member of a governing body of a public institution of higher learning
42 in this State and must not be employed or have immediate family members employed by any of the public colleges and
PART II PAGE 648
1 universities of this State. These members must be appointed for terms of four years and shall not serve on the commission
2 for more than two consecutive terms. However, the initial term of office for a member appointed from an even-numbered
3 congressional district shall be two years.
4 If the boundaries of the congressional districts are changed, members serving on the commission shall continue to serve
5 until the expiration of their current terms, but successors to members whose terms expire must be appointed from the newly
6 defined congressional districts. If a congressional district is added, the commission must be enlarged to include a
7 representative from that district.
8 (2) Three members to serve ex officio to represent the public colleges and universities appointed by the Governor
9 with the advice and consent of the Senate. It shall not be a conflict of interest for any voting ex officio member to vote on
10 matters pertaining to their individual college or university. One member must be serving on the board of trustees of one
11 of the public senior research institutions, one member must be serving on the board of trustees of one of the four-year public
12 institutions of higher learning, and one member must be a member of one of the local area technical education commissions
13 or the State Board for Technical and Comprehensive Education to represent the State Board for Technical and Comprehensive
14 Education. These members must be appointed to serve terms of two years with terms to rotate among the institutions.
15 (3) One ex officio member to represent the independent colleges and universities by the Governor upon the
16 advice and consent of the Senate. The individual appointed must be serving as a member of the Advisory Council of Private
17 College Presidents. This member must be appointed for a term of two years and shall serve as a nonvoting member.
18 (4) One at-large member to serve as chairman appointed by the Governor with the advice and consent of the
19 Senate. This member must be appointed for a term of four years and may be reappointed for one additional term, however,
20 he may serve only one term as chairman.
21 The Governor, by his appointments, shall assure that various economic interests and minority groups, especially women
22 and blacks, are fairly represented on the commission and shall attempt to assure that the graduates of no one public or private
23 college or technical college are dominant on the commission. Vacancies must be filled in the manner of the original
24 appointment for the unexpired portion of the term. All members of the commission shall serve until their successors are
25 appointed and qualify."
26
27 B. The 1976 Code is amend by adding:
28
29 "Section 59-103-15. (A) (1) The General Assembly has determined that the mission for higher education in South
30 Carolina is to be a global leader in providing a coordinated, comprehensive system of excellence in education by providing
31 instruction, research, and life-long learning opportunities which are focused on economic development and benefit the State
32 of South Carolina.
33 (2) The goals to be achieved through this mission are:
34 (a) high academic quality;
35 (b) affordable and accessible education;
36 (c) instructional excellence;
37 (d) coordination and cooperation with public education;
38 (e) cooperation among the General Assembly, Commission on Higher Education, Council of Presidents of
39 State Institutions, institutions of higher learning, and the business community;
40 (f) economic growth;
41 (g) clearly defined missions.
42 (B) The General Assembly has determined that the primary mission or focus for each type of institution of higher
PART II PAGE 649
1 learning or other post-secondary school in this State is as follows:
2 (1) Research institutions
3 (a) college-level baccalaureate education, master's, professional, and doctor of philosophy degrees which lead
4 to continued education or employment;
5 (b) research through the use of government, corporate, nonprofit-organization grants, or state resources, or
6 both;
7 (c) public service to the State and the local community;
8 (2) Four-year colleges and universities
9 (a) college-level baccalaureate education and selected master's degrees which lead to employment or continued
10 education, or both, except for doctoral degrees currently being offered;
11 (b) limited and specialized research;
12 (c) public service to the State and the local community;
13 (3) Two-year institutions - branches of the University of South Carolina
14 (a) college-level pre-baccalaureate education necessary to confer associates' degrees which lead to continued
15 education at a four-year or research institution;
16 (b) public service to the State and the local community;
17 (4) State technical and comprehensive education system
18 (a) all post-secondary vocational, technical, and occupational diploma and associate degree programs leading
19 directly to employment or maintenance of employment and associate degree programs which enable students to gain access
20 to other post-secondary education;
21 (b) up-to-date and appropriate occupational and technical training for adults;
22 (c) special school programs that provide training for prospective employees for prospective and existing
23 industry in order to enhance the economic development of South Carolina;
24 (d) public service to the State and the local community;
25 (e) continue to remain technical, vocational, or occupational colleges with a mission as stated in item (4) and
26 primarily focused on technical education and the economic development of the State."
27
28 C. Section 59-103-20 of the 1976 Code is amended to read:
29
30 "Section 59-103-20. The commission shall meet regularly and shall have the authority and responsibility for a
31 coordinated, efficient, and responsive higher education system in this State consistent with the missions of each type of
32 institution as stipulated in Section 59-103-15. In meeting this responsibility and in performing its duties and functions, the
33 commission shall coordinate and collaborate at a minimum with the Council of Presidents of State Institutions, the council
34 of board chairs of the various public institutions of higher learning and the business community. The commission also is
35 charged with the duty of making studies of examining the state's institutions of higher learning relative to both short and
36 long-range programs and missions which shall include:
37 (a) the role of state-supported higher education in serving the needs of the State and the roles and participation of the
38 individual institutions in the statewide program;
39 (b) enrollment trends, student costs, business management practices, accounting methods, operating results and needs,
40 and capital fund requirements;
41 (c) the administrative setup and curriculum offerings of the several institutions and of the various departments, schools,
42 institutes, and services within each institution and the respective relationships to the services and offerings of other
PART II PAGE 650
1 institutions;
2 (d) areas of state-level coordination and cooperation with the objective of reducing duplication, increasing
3 effectiveness, and achieving economies and eliminating sources of friction and misunderstanding;
4 (e) efforts to promote a clearer understanding and greater unity and good will among all institutions of higher learning,
5 both public and private, in the interest of serving the educational needs of the people of South Carolina on a statewide level."
6
7 D. The 1976 Code is amended by adding:
8
9 "Section 59-103-30. (A) The General Assembly has determined that the critical success factors, in priority order, for
10 academic quality in the several institutions of higher learning in this State are as follows:
11 (1) Mission Focus;
12 (2) Quality of Faculty;
13 (3) Classroom Quality;
14 (4) Institutional Cooperation and Collaboration;
15 (5) Administrative Efficiency;
16 (6) Entrance Requirements;
17 (7) Graduates' Achievements;
18 (8) User-friendliness of the Institution;
19 (9) Research Funding.
20 (B) The General Assembly has determined that whether or not an institution embodies these critical success factors
21 can be measured by the following performance indicators as reflected under the critical success factors below:
22 (1) Mission Focus
23 (a) expenditure of funds to achieve institutional mission;
24 (b) curricula offered to achieve mission;
25 (c) approval of a mission statement;
26 (d) adoption of a strategic plan to support the mission statement;
27 (e) attainment of goals of the strategic plan.
28 (2) Quality of Faculty
29 (a) academic and other credentials of professors and instructors;
30 (b) performance review system for faculty to include student and peer evaluations;
31 (c) post-tenure review for tenured faculty;
32 (d) compensation of faculty;
33 (e) availability of faculty to students outside the classroom;
34 (f) community and public service activities of faculty for which no extra compensation is paid.
35 (3) Classroom Quality
36 (a) class sizes and student/teacher ratios;
37 (b) number of credit hours taught by faculty;
38 (c) ratio of full-time faculty as compared to other full-time employees;
39 (d) accreditation of degree-granting programs;
40 (e) institutional emphasis on quality teacher education and reform.
41 (4) Institutional Cooperation and Collaboration
42 (a) sharing and use of technology, programs, equipment, supplies, and source matter experts within the
PART II PAGE 651
1 institution, with other institutions, and with the business community;
2 (b) cooperation and collaboration with private industry.
3 (5) Administrative Efficiency
4 (a) percentage of administrative costs as compared to academic costs;
5 (b) use of best management practices;
6 (c) elimination of unjustified duplication of and waste in administrative and academic programs;
7 (d) amount of general overhead costs.
8 (6) Entrance Requirements
9 (a) SAT and ACT scores of student body;
10 (b) high school class standing, grade point averages, and activities of student body;
11 (c) post-secondary non-academic achievements of student body;
12 (d) priority on enrolling in-state residents.
13 (7) Graduates' Achievements
14 (a) graduation rate;
15 (b) employment rate for graduates;
16 (c) employer feedback on graduates who were employed or not employed;
17 (d) scores of graduates on post-undergraduate professional, graduate or employment-related examinations
18 and certification tests;
19 (e) number of graduates who continued their education;
20 (f) credit hours earned of graduates.
21 (8) User-Friendliness of Institution
22 (a) transferability of credits to and from the institution;
23 (b) continuing education programs for graduates and others;
24 (c) accessibility to the institution of all citizens of the State.
25 (9) Research Funding
26 (a) financial support for reform in teacher education;
27 (b) amount of public and private sector grants.
28 (C) The commission, when using the critical success factors for the purpose of funding recommendations for
29 institutions of higher learning, is required to use objective, measurable criteria.
30 (D) Critical success factors developed and used for the purpose of funding recommendations shall be those which are
31 directly related to the missions of the particular type of institution as outlined in Section 59-103-15(B) and not those factors
32 which are not relevant to the success factors of the particular type of institution."
33
34 E. Section 59-103-35 of the 1976 Code is amended to read:
35
36 "Section 59-103-35. All public institutions of higher learning shall submit summary budgets annual budget requests to
37 the commission in the manner set forth in this section. The State Board for Technical and Comprehensive Education shall
38 submit a summary budget an annual budget request to the commission representing the total request requests of all area-wide
39 technical and comprehensive educational institutions. The budget submitted by each institution and the State Board for
40 Technical and Comprehensive Education must include all state funds, federal grants, tuition, and fees other than funds
41 derived wholly from athletic or other student contests, from the activities of student organizations, from approved private
42 practice plans, and from the operation of canteens and bookstores which may be retained by the institutions and be used as
PART II PAGE 652
1 determined by the respective governing boards, subject to annual audit by the State. Fees established by the respective
2 governing boards for programs, activities, and projects not covered by appropriations or other revenues may be retained and
3 used by each institution as previously determined by the respective governing boards, subject to annual audit by the State.
4 The budget request for the public higher education system shall be submitted by the commission to the Governor and
5 appropriate standing committees of the General Assembly in conjunction with the preparation of the annual general
6 appropriations act for the applicable year.
7 Supplemental appropriations requests from any public institution of higher education must be submitted first to the
8 commission. If the commission does not concur in the requests, the affected institution may request a hearing on the requests
9 before the appropriate committee of the General Assembly. The commission may appear at the hearing and present its own
10 recommendations and findings to the same committee. The provisions of this paragraph do not apply to any capital
11 improvement projects funded in whole or in part prior to July 30,1996.
12 No new program may be undertaken by any public institution of higher education without the approval of the
13 commission. The provisions of this chapter apply to all college parallel, transferable, and associate degree programs of
14 technical and comprehensive education institutions. All other programs and offerings of technical and comprehensive
15 education institutions are excluded from this chapter. The commission has the authority to recommend the termination of
16 an existing program at any institution within the purview of this chapter. An appeal from this recommendation must be made
17 by the governing board of an affected institution within sixty days to the Senate Education Committee and the House
18 Education and Public Works Committee which shall hear the parties to the appeal. If both committees refuse to concur in
19 the recommendation for termination, the program must not be terminated pursuant to the recommendation of the commission
20 which is the subject of this appeal. A decision must be reached by the committees within one hundred twenty days from
21 the date of the filing of the appeal."
22
23 F. Section 59-103-45 of the 1976 Code is amended to read:
24
25 "Section 59-103-45. In addition to the powers, duties, and functions of the Commission on Higher Education as
26 provided by law, the commission, notwithstanding any other provision of law to the contrary, shall have the following
27 additional duties and functions with regard to the various public institutions of higher education:
28 (1) establish procedures for the transferability of courses at the undergraduate level between two-year and four-year
29 institutions or schools;
30 (2) coordinate with the State Board of Education in the approval of secondary education courses for the purpose of
31 determining minimum college entrance requirements;, and define minimum academic expectations for prospective
32 post-secondary students, communicate these expectations to the State Board of Education, and work with the state board to
33 ensure these expectations are met; and
34 (3) review minimum undergraduate admissions standards for in-state and out-of-state students.;
35 (4) (a) develop standards for determining how well an institution has met or achieved the performance indicators
36 for quality academic success as enumerated in Section 59-103-30, and develop mechanisms for measuring the standards of
37 achievement of particular institutions. These standards and measurement mechanisms shall be developed in consultation and
38 cooperation with, at a minimum but not limited to, the Council of Presidents of State Institutions, the chairmen of the
39 governing boards of the various institutions and the business community;
40 (b) base the higher education funding formula in part on the achievement of the standards set for these
41 performance indicators including base-line funding for institutions meeting the standards of achievement, incentive funding
42 for institutions exceeding the standards of achievement, and reductions in funding for institutions which do not meet the
PART II PAGE 653
1 standards of achievement, provided that each institution under the formula until July 1, 1999, must receive at least its fiscal
2 year 1996-1997 formula amount;
3 (c) promulgate regulations to implement the provisions of subitems (a) and (b) above and submit such regulations
4 to the General Assembly for its review pursuant to the Administrative Procedures Act not later than the beginning of the 1997
5 session of the General Assembly;
6 (d) develop a higher education funding formula based entirely on an institution's achievement of the standards
7 set for these performance indicators, this formula to be used beginning July 1, 1999. This new funding formula also must
8 be contained in regulations promulgated by the commission and submitted to the General Assembly for its review in
9 accordance with the Administrative Procedures Act;
10 (5) reduce, expand, or consolidate any institution of higher learning including those which do not meet the standards
11 of achievement in regard to the performance indicators for quality academic success enumerated in Section 59-103-30, and
12 beginning July 1, 1999, close any institution which does not meet the standards of achievement in regard to the performance
13 indicators for quality academic success enumerated in Section 59-103-30. The process to be followed for the closure of an
14 institution under this item (5) shall be as promulgated in regulations of the commission which shall be submitted to and
15 approved by the General Assembly;
16 (6) review and approve each institutional mission statement to ensure it is within the overall mission of that particular
17 type of institution as stipulated by Section 59-103-15 and is within the overall mission of the State;
18 (7) ensure access and equity opportunities at each institution of higher learning for all citizens of this State regardless
19 of race, gender, color, creed, or national origin within the parameters provided by law."
20
21 G. The 1976 Code is amended by adding:
22
23 "Section 59-103-65. If an institution beginning July 1, 1999, is closed by the commission, the institution shall be treated
24 as a terminated agency under Section 1-20-30 and as such terminated in the manner provided therein. However, any
25 remaining funds shall not revert to the general fund as provided in Section 1-20-30 but instead shall be reallocated to higher
26 education funding through use of the higher education funding formula in the manner the commission shall provide."
27
28 H. Section 59-103-110 of the 1976 Code is amended to read:
29
30 "Section 59-103-110. No public institution of higher learning shall be authorized to construct or purchase any new
31 permanent facility at any location other than on a currently approved campus or on property immediately contiguous thereto
32 unless such new location and or purchase of improved or unimproved real property such new facility has been approved by
33 the commission. Provided, that the provisions of this section shall not apply to the Trident Technical College property in
34 Berkeley County or the new Palmer College site in Charleston County or Francis Marion College in Florence County."
35
36 I. Chapter 104 of Title 59 of the 1976 Code is amended to read:
37
38 "CHAPTER 104
39
40 Initiatives for Research and Academic Excellence
41 Article 1
42
PART II PAGE 654
1 Excellence for Students
2
3 Section 59-104-10. (A) In consultation and coordination with the public institutions of higher learning in this State,
4 the State Commission on Higher Education shall ensure that minimal admissions standards are maintained by the institutions.
5 The commission, with the institutions, shall monitor the effect of compliance with admissions prerequisites that are
6 effective in fall, 1988 at the institution.
7 (B) The boards of trustees of each public institution of higher learning, excluding the State Board for Technical and
8 Comprehensive Education, shall adopt admission policies reflecting the desired mix of in-state and out-of-state enrollment
9 appropriate for each institution. Changes in the policies affecting the mix of in-state and out-of-state enrollment must be
10 approved by the board of trustees of the affected institution. The boards shall submit the policies to the commission by July
11 1, 1989, and any subsequent changes to the policies must be submitted to the commission. These admission policies and
12 standards shall be reviewed by the commission as provided in Section 59-103-45(3). For purposes of this section enrollment
13 must be calculated on a full-time equivalency basis with the equivalent of one full-time student being a student enrolled for
14 thirty credit hours in an academic year. Out-of-state students means students who are not eligible for in-state rates for tuition
15 and fees under Chapter 112 of Title 59.
16
17 Section 59-104-20. The Palmetto Fellows Scholarship Program is established to foster scholarship among the state's
18 post-secondary students and retain outstanding South Carolina high school graduates in the State through awards based on
19 scholarship and achievement. Measures must be taken to ensure equitable minority participation in this program. Recipients
20 of these scholarships are designated Palmetto Fellows. Each Palmetto Fellow shall receive a scholarship in an amount
21 designated by the Commission on Higher Education, half to be provided by the post-secondary institution at which he is
22 enrolled. The commission shall promulgate regulations and establish procedures to administer the program and request annual
23 state appropriations for the program.
24
25 Section 59-104-30. Each public institution of higher learning in this State shall develop a plan for developmental
26 education in accord with provisions, procedures, and requirements developed by the Commission on Higher Education. The
27 commission shall conduct a study as well as evaluations and reviews of developmental education in this State. The
28 commission shall develop appropriate methods of funding developmental education programs and courses.
29
30 Section 59-104-40. (A) The technical education system in this State shall convert from the quarter calendar to the
31 semester calendar, if funds are appropriated for this purpose. The Commission on Higher Education shall request state
32 appropriations for the conversion to be funded and completed over a two-year period.
33 (B) The State Board for Technical and Comprehensive Education, in consultation with the commission, shall limit the
34 offering of courses designed for college transfer in those technical colleges that do not have approved college transfer
35 programs. The offering of `college parallel' general education courses in institutions not authorized to award the associate
36 in arts or associate in science degree is limited to those necessary to support approved nontransfer programs. The
37 commission, after consultation with the State Board for Technical and Comprehensive Education and with public senior
38 colleges and universities, shall establish rules and procedures by which this limitation must be regulated. The commission
39 shall continue to work with all of the institutions to improve articulation establish procedures concerning courses acceptable
40 for transfer as provided in Section 59-103-45(1).
PART II PAGE 655
1 Article 3
2
3 Excellence in Instruction and Educational Services
4
5 Section 59-104-210. A competitive grants program is established to improve undergraduate education in South Carolina.
6 The State Commission on Higher Education shall administer the program, promulgate appropriate regulations, and request
7 annual state appropriations for this purpose. All public and private nonproprietary post-secondary institutions accredited by
8 the Commission on Colleges of the Southern Association of Colleges and Schools are eligible to participate in this program.
9
10 Section 59-104-220. The Governor's Professor of the Year Award is established as follows:
11 (1) Each public or private institution of higher learning in this State is eligible to nominate one faculty member for
12 this award who has demonstrated exceptional teaching performance.
13 (2) The Governor's Office in conjunction with the Commission on Higher Education shall establish a committee to
14 choose the Professor of the Year. The committee must consist of representatives of the Governor's Office, the commission,
15 and appropriate civic, business, government, and academic organizations.
16 (3) The award must include a citation and a payment of five thousand dollars. The Governor's Office shall host an
17 appropriate ceremony at which the award must be presented.
18 (4) The commission shall request annual state appropriations for the award.
19
20 Section 59-104-230. The Commission on Higher Education shall request state funds and establish procedures to
21 implement a program of endowed professorships at senior public institutions of higher learning to enable the institutions to
22 attract or retain productive faculty scholars who are making or show promise of making substantial contributions to the
23 intellectual life of the State.
24 Each professorship must be supported by the income from an endowment fund created especially for that purpose. Half
25 of the corpus of each fund must be provided by the commission through this program, and half must be provided by the
26 institution from private funds specifically donated for this purpose.
27 The State Treasurer shall establish a separate fund consisting of any funds appropriated for all endowed professorships
28 plus accrued interest received. Any amount remaining in the established fund at the end of any fiscal year must be carried
29 forward to the next fiscal year to be used for endowed professorships. Funds in the specified amounts to support each
30 endowment may be transferred by the commission to each eligible institution.
31
32 Section 59-104-240. (A) The Commission on Higher Education shall request state funds by 1990 to implement a
33 program to endow salary enhancements for outstanding faculty in technical colleges and two-year campuses of the University
34 of South Carolina. The purpose of the program is to enable the state's two-year college systems to retain and reward
35 outstanding instructional personnel.
36 (B) The commission, in collaboration with the State Board for Technical and Comprehensive Education and the
37 University of South Carolina, shall establish procedures to implement the program. Each salary enhancement must be
38 supported by an endowment fund created especially for that purpose. Half of the corpus of each fund must be provided by
39 the commission through this program, and half must be provided by the institution from private sources specifically donated
40 for this purpose.
41 (C) The State Treasurer shall establish a separate fund consisting of any funds appropriated for all salary enhancements
42 plus accrued interest received. Any amount remaining in the established fund at the end of any fiscal year must be carried
PART II PAGE 656
1 forward to the next fiscal year to be used for salary enhancements. Funds in the specified amounts to support each salary
2 enhancement may be transferred by the commission to each eligible institution.
3
4 Section 59-104-250. All libraries in the technical colleges in this State shall convert to a computer-based automated
5 system that is compatible with existing state library systems and allows for appropriate networking with public colleges and
6 universities if funds are appropriated for this purpose. The Commission on Higher Education shall request special
7 appropriations to accomplish the conversion.
8
9 Section 59-104-260. The Commission on Higher Education shall encourage the development of joint programs that
10 take advantage of the strengths of the public colleges and universities and discourage the development of independent
11 competitive programs. The programs must be developed through planning and cooperation among the institutions in both
12 academic and nonacademic areas.
13
14 Article 5
15
16 Excellence in Research For Economic Development
17
18 Section 59-104-410. A Research Investment Fund is created to establish or expand research programs in public
19 institutions of higher learning in this State which are related to the continued economic development of South Carolina. The
20 fund must consist of appropriations to the State Commission on Higher Education which it allocates to the institutions for
21 research. The funds must be apportioned among the three senior universities and the four-year colleges in a manner that takes
22 into account the previous year's expenditures of externally generated funds for research by the institutions as reported to the
23 commission. However, the commission may make exceptions to accommodate economic development opportunities in any
24 area of the State.
25
26 Section 59-104-420. (A) The fund must be used for research which:
27 (1) has a direct, positive impact on economic development, education, health, or welfare in this State;
28 (2) has an existing base in faculty expertise, resources, and facilities;
29 (3) serves to improve the quality of undergraduate and graduate education for South Carolina citizens in accordance
30 with the institutions' stated missions as given in the commission's master plan and as developed by the institution and
31 approved by the commission as provided in Section 59-103-45(5).
32 (B) The fund must not be used for capital construction projects.
33
34 Section 59-104-430. At the end of each fiscal year, comprehensive reports must be made to the Commission on Higher
35 Education on the expenditures of funds and the results realized from the research programs. At the end of two fiscal years
36 and each fiscal year after that, the commission shall reexamine the process of appropriating funds for research and the results
37 obtained from the expenditures and recommend changes and alterations in the funding of research by the State if the changes
38 are considered advisable by the commission.
39
40 Section 59-104-440. (A) With the exception of the University of South Carolina, Clemson University, and the Medical
41 University of South Carolina, institutions seeking financial support from the fund for research projects shall submit proposals
42 to the commission for its review and approval.
PART II PAGE 657
1 (B) The portion of the fund allocated to the three senior universities excepted in subsection (A) must be distributed
2 in a manner that takes into account the previous year's expenditures of externally generated funds for research which each
3 university reported to the commission.
4 (C) No funds allocated under the provisions of this chapter nor matching funds received pursuant to terms of this
5 chapter may be used to increase an institution's future years' formula funding as computed by the Commission on Higher
6 Education.
7
8 Article 7
9
10 Improving Accountability Through Planning and Assessment
11
12 Section 59-104-610. The State Commission on Higher Education shall maintain a statewide planning system to address
13 strategic issues in public and private higher education. The system must focus upon the following goals to:
14 (1) identify future directions for higher education in South Carolina and recommend appropriate methods for meeting
15 the resultant challenges;
16 (2) review major goals identified by the public and private institutions of higher learning in this State and ascertain
17 their relationship to higher education in South Carolina;
18 (3) assure the maintenance and continued development of the quality of higher education in South Carolina;
19 (4) assure the maintenance and continued provision of access to and equality of educational opportunity in higher
20 education in South Carolina;
21 (5) measure and monitor an institution's standard of achievement in regard to the performance indicators for quality
22 academic success as contained in Section 59-103-30.
23
24 Section 59-104-620. (A) The Commission on Higher Education shall establish an Advisory Council on Planning to
25 assist the commission and the institutions of higher learning in maintaining planning as a high priority.
26 (B) The advisory council shall report to the executive committee of the commission, which shall serve as the standing
27 committee on planning for the commission.
28 (C) The advisory council shall submit to the executive committee of the commission its advice, reports, and draft plans.
29
30 Section 59-104-630. The Commission on Higher Education shall ensure that each public institution of higher learning
31 in this State maintains its individual planning process.
32
33 Section 59-104-640. (A) The chief executive officer of the Commission on Higher Education shall develop a
34 prospectus for planning each year.
35 (B) In the initial year, the Advisory Council on Planning is responsible for developing a statewide planning document
36 for submission to the commission.
37 (C) After the initial year and annually thereafter, the advisory council shall prepare revisions of the planning document
38 for consideration by the commission. The revisions must conform to, but need not be limited to, the prospectus provided
39 by the commission.
40
41 Section 59-104-650. (A) The goals for maintaining an effective system of quality assessment by institutions of higher
42 learning in South Carolina are to:
PART II PAGE 658
1 (1) assure that a system for measuring institutional effectiveness achievement in regard to the performance
2 indicators for quality academic success as contained in Section 59-103-30 is in effect on every public college and university
3 campus in this State;
4 (2) provide a vehicle for disseminating the results of outcome these measurements to the constituents within the
5 State;
6 (3) provide data relative to the effectiveness of each institution that can be used to initiate curriculum,
7 programmatic, or policy changes within the institution necessary to meet the standards for these performance indicators.
8 (B) The process by which these goals must be attained is as follows:
9 (1) Each institution of higher learning is responsible for maintaining a system to measure institutional
10 effectiveness achievement in regard to the performance indicators for quality academic success in accord with provisions,
11 procedures, and requirements developed by the Commission on Higher Education. The system for measuring such
12 institutional effectiveness achievement must include, but is not limited to, a description of criteria by which such institutional
13 effectiveness achievement is being assessed.
14 (2) As a part of South Carolina's statewide planning process, each institution shall provide the commission with
15 an annual report on the results of its institutional effectiveness achievement program.
16 (3) The commission shall prepare a report that must include results of institutional effectiveness achievement,
17 including student assessment programs. Information from private colleges and universities must be included for those
18 institutions that voluntarily provide the information to the commission.
19
20 Section 59-104-660. (A) All state-supported institutions of higher learning shall establish their own procedures and
21 programs to measure student achievement which must include, but are not limited to, the performance indicators contained
22 in Section 59-103-30(B)(6) and (7). The procedures and programs must be submitted to the Commission on Higher Education
23 as part of the plan for measuring institutional effectiveness achievement and must:
24 (1) derive from institutional initiatives, recognizing the diversity of South Carolina public colleges and
25 universities, the tradition of institutional autonomy, and the capacity of faculty and administrators to identify their own
26 problems and solve them creatively;
27 (2) be consistent with each institution's mission and educational objectives;
28 (3) involve faculty in setting the standards of achievement, selecting the measurement instruments, and analyzing
29 the results;
30 (4) follow student progress through the curriculum, as appropriate;
31 (5) include follow-up of graduates.
32 (B) As part of their annual report on institutional effectiveness achievement, all state-supported colleges and universities
33 shall describe their progress in developing assessment programs and submit information on student achievement to the
34 commission."
35
36 J. Section 59-101-350 of the 1976 Code is amended to read:
37
38 "Section 59-101-350. (A) The Commission on Higher Education shall submit an annual report to the Governor and
39 to the General Assembly. The annual report must be published prior to January fifteenth of each year beginning in 1993 and
40 presented in a readable format so as to easily compare with peer institutions in South Carolina and other Southern Regional
41 Education Board states the state's public, post-secondary institutions. Prior to publication, the Commission on Higher
42 Education shall distribute a draft of the report to all public, post-secondary institutions and shall allow comment upon the
PART II PAGE 659
1 draft report. The Commission on Higher Education shall develop and adopt a format for the report and shall insure ensure
2 consistent reporting and collecting of the data in the report by the institutions.
3 (B) Each four-year, post-secondary institution shall submit to the commission the following information for inclusion
4 in the report, with the South Carolina Department of Corrections' students identified and reported separately:
5 (1) the number and percentage of accredited programs and the number and percentage of programs eligible for
6 accreditation;
7 (2) the number and percentage of undergraduate and graduate students who completed their degree program;
8 (3) the percent of lower division instructional courses taught by full-time faculty, part-time faculty, and graduate
9 assistants;
10 (4) the percent and number of students enrolled in remedial courses and the number of students exiting remedial
11 courses and successfully completing entry-level curriculum courses;
12 (5) the percent and number of graduate and upper division undergraduate students participating in sponsored
13 research programs;
14 (6) placement data on graduates;
15 (7) the percent change in the enrollment rate of students from minority groups, the number of minority students
16 enrolled, and the change in the total number of minority students enrolled over the past five years;
17 (8) the percent and number of graduate students who received undergraduate degrees at the institution, within
18 the State, within the United States, and from other nations;
19 (9) the number of full-time students who have transferred from a two-year, post-secondary institution and the
20 number of full-time students who have transferred to two-year, post-secondary institutions;
21 (10) student scores on professional examinations with detailed information on state and national means, passing
22 scores, and pass rates, as available, and with information on such scores over time, and the number of students taking each
23 exam; and
24 (11) appropriate information relating to each institution's role and mission;
25 (12) any information required by the commission in order for it to measure and determine the institution's
26 standard of achievement in regard to the performance indicators for quality academic success enumerated in Section
27 59-103-30.
28 (C) Each two-year, post-secondary institution shall submit to the commission the following information for inclusion
29 in the report:
30 (1) the number and percentage of accredited programs and the number and percentage of programs eligible for
31 accreditation;
32 (2) the number and percentage of undergraduate students who completed their degree program;
33 (3) the percent of courses taught by full-time faculty members, part-time faculty, and graduate assistants;
34 (4) placement rate on graduates;
35 (5) the percent change in the enrollment rate of students from minority groups, the number of minority students
36 enrolled and the change in the total number of minority students enrolled over the past five years;
37 (6) the number of students who have transferred into a four-year, post-secondary institution and the number of
38 students who have transferred from four-year, post-secondary institutions; and
39 (7) appropriate information relating to the institution's role and mission;
40 (8) any information required by the commission in order for it to measure and determine the institution's
41 standard of achievement in regard to the performance indicators for quality academic success enumerated in Section
42 59-103-30.
PART II PAGE 660
1 (D) The commission on Higher Education also shall develop with the cooperation of the public, post-secondary
2 institutions, a uniform set of questions to be included in surveys to be used by each public, post-secondary institution in
3 determining alumni satisfaction. The survey instruments must address the issues of overall satisfaction, satisfaction with major
4 instruction, impact of general education, and current societal participation of alumni. Every two years the graduating class
5 of three years prior must be surveyed by each institution using appropriate statistical techniques. Information from these
6 surveys must be included every two years in the annual report as required herein.
7 (E) The commission on Higher Education shall make no funding recommendation decision, capital outlay
8 recommendation decision, distribution or certification on behalf of any public, post-secondary institution that has not
9 submitted the information required pursuant to this section.
10 (F) After discussions with the institutions, the Commission on Higher Education in consultation with the House
11 Education and Public Works Committee and the Senate Education Committee shall develop the format for the higher
12 education report as required herein.
13 (G) The commission on Higher Education also is required to submit an in the annual report to report on the progress
14 of institutions of higher education in implementing assessment programs, and in their achievement of effectiveness goals,
15 and on each institution's standard of achievement in regard to the performance indicators for academic success established
16 in Section 59-103-30.
17 (H) The report required by this section must be filed in magnetic media form if the information is available in that
18 form."
19
20 K. (1) Sections 95 A. and 95 B., Part II of Act 145 of 1995 are designated Sections 59-145-10 and 59-145-20,
21 respectively, of the 1976 Code:
22 (2) Section 59-145-20 of the 1976 Code is amended to read:
23 "Section 59-145-20. The General Assembly shall annually provide such funding as may be necessary, under the auspices
24 of the Commission on Higher Education, to establish and maintain approved single-gender offerings., provided that the
25 Commission shall not be authorized to require any change to a court approved single-gender education program which would
26 hinder the program's ability to produce a substantively comparable outcome."
27 (3) Sections 59-145-10 and 59-145-20 of the 1976 Code shall take effect upon approval of a single-gender program
28 by any court of competent jurisdiction.
29 (4) Section 95 C., Part II of Act 145 of 1995 is deleted.
30
31 L. A committee consisting of twelve members is to be appointed to conduct a performance audit of the public colleges
32 and universities in South Carolina and the Commission on Higher Education. Four members each shall be appointed by the
33 Speaker of the House of Representatives, President Pro Tempore of the Senate, and the Governor. Members appointed are
34 to have experience in at least one of the following areas: business, the education of future leaders and teachers, management,
35 or policy.
36 The committee shall retain an independent consultant or consulting firm with experience in the conduct of financial,
37 management performance and accountability audits and reviews for the purpose of conducting a comprehensive performance
38 audit encompassing all aspects of higher education and the various institutions of higher learning. The audit conducted shall
39 focus on, but not be limited to:
40 (1) determining duplicate programs and services and recommending those which should be eliminated;
41 (2) the structure, organization, restructuring or reorganization of programs, policies, and procedures;
42 (3) evaluation of the application and use of technology to enhance or improve the efficiency of program performance;
PART II PAGE 661
1 (4) reallocation of personnel and financial resources to maximize the efficient and effective use of government
2 resources;
3 (5) the personnel, activities, and budget of the Commission on Higher Education.
4 The committee shall supervise, and coordinate all work necessary to produce a report which must be submitted to the
5 General Assembly and the Governor no later than July 1, 1998.
6 Funds appropriated to the Commission on Higher Education shall be used to pay consultants or consulting firms hired
7 to conduct the performance audit.
8 Any savings resulting from the decrease of appropriations or expenditures which occur as a result of the implementation
9 of the recommendations in the report must be used to reduce tuition costs at the institutions where the savings are realized.
10
11 M. Unless otherwise specified, this section takes effect July 1, 1996.
12
13
14 SECTION 74
15
16 TO AMEND SECTION 59-104-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
17 GOVERNOR'S PROFESSOR OF THE YEAR AWARD, SO AS TO PROVIDE FOR TWO AWARDS, ONE TO BE
18 GIVEN TO A PROFESSOR AT A SENIOR INSTITUTION AND ONE TO BE GIVEN TO A SCHOOL AWARDING
19 NO HIGHER THAN ASSOCIATE DEGREES AND TO AUTHORIZE AWARDING UP TO TEN FINALISTS FIVE
20 HUNDRED DOLLARS EACH.
21
22 Section 59-104-220 of the 1976 Code is amended to read:
23
24 "Section 59-104-220. The Governor's Professor of the Year Award is established as follows:
25 (1) Each public or private institution of higher learning in this State is eligible to nominate one faculty member for
26 this award who has demonstrated exceptional teaching performance.
27 (2) The Governor's office in conjunction with the Commission on Higher Education shall establish a committee to
28 choose the Professor of the Year from a senior institution and a Professor of the Year from an institution offering no degree
29 above the associate's degree. The committee must consist of representatives of the Governor's office, the commission, and
30 appropriate civic, business, government, and academic organizations.
31 (3) The Each award must include a citation and a payment of five thousand dollars. Up to ten finalists may be awarded
32 five hundred dollars each by the Commission on Higher Education. The Governor's office shall host an appropriate
33 ceremony at which the award awards must be presented.
34 (4) The commission shall request annual state appropriations for the award."
35
36
37 SECTION 75
38
39 TO AMEND SECTION 12-21-2420, AS AMENDED, OF THE 1976 CODE, RELATING TO ADMISSIONS TAXES,
40 SO AS TO AUTHORIZE AN EXEMPTION FOR AN ACCREDITED COLLEGE OR UNIVERSITY FOR THE
41 PRESENTATION OF PERFORMING ARTISTS.
PART II PAGE 662
1 Section 12-21-2420(4) of the 1976 Code is amended to read:
2
3 "(4) On admissions charged by any eleemosynary and nonprofit corporation or organization organized exclusively
4 for religious, charitable, scientific, or educational purposes; or the presentation of performing artists by an accredited college
5 or university; provided, that the license tax herein levied and assessed shall be collected and paid upon all paid admissions
6 to all athletic events of any institution of learning above the high school level; provided, however, that carnivals, circuses,
7 and community fairs operated by eleemosynary or nonprofit corporations or organizations organized exclusively for religious,
8 charitable, scientific, or educational purposes shall not be exempt from the assessment and collection of admissions tax on
9 charges for admission for the use of or entrance to rides, places of amusement, shows, exhibits, and other carnival facilities,
10 but not to include charges for general gate admissions except when the proceeds of any such carnival, circus, or community
11 fair are donated to a hospital; provided, further, that no admission tax shall be charged or collected by reason of any charge
12 made to any member of a nonprofit organization or corporation for the use of the facilities of the organization or corporation
13 of which he is a member."
14
15 SECTION 76
16
17 TO AMEND SECTION 53-5-10 OF THE 1976 CODE, RELATING TO LEGAL HOLIDAYS AND THE
18 AUTHORIZED NUMBER STATE EMPLOYEES MAY SELECT, SO AS TO PROVIDE THAT THE HOLIDAY
19 SCHEDULES OF PUBLIC COLLEGES AND UNIVERSITIES, INCLUDING TECHNICAL COLLEGES, SHALL
20 NOT VIOLATE THE HOLIDAY PROVISIONS ABOVE SO LONG AS THE NUMBER OF HOLIDAYS PROVIDED
21 FOR IN THIS SECTION ARE NOT EXCEEDED.
22
23 Section 53-5-10 of the 1976 Code is amended to read:
24
25 "Section 53-5-10. The first day of January, the fifteenth day of January, the nineteenth day of January, the third
26 Monday in February, the tenth day of May, the last Monday of May, the third day of June, the Fourth day of July, the first
27 Monday in September, the eleventh day of November, National Thanksgiving Day and the day after, and the twenty-fifth
28 and twenty-sixth days of December in each year are legal holidays.
29 State employees may select, prior to the first day of January, in writing on a form provided by their employer, one of
30 the following nonnational holidays: Martin Luther King's birthday, January 15; Robert E. Lee's birthday, January 19;
31 Confederate Memorial Day, May 10; or Jefferson Davis' birthday, June 3, or, in the alternative, select a day of their choice.
32 All general election days are legal holidays in addition to the above.
33 The holiday schedules of public colleges and universities, including technical colleges, shall not be in violation of this
34 section so long as the number of holidays provided for in this section are not exceeded."
35
36
37 END OF PART II
38