| Printed Page 3670, June 1 | Printed Page 3690, June 1 |

(G) This section must not be construed as affecting the plans and implementation of plans for a Statewide Surface Transportation System as developed by the Department of Transportation.

(H) For purposes of this subsection, `donor county' means a county that contributes to the `C' fund an amount in excess of what it receives under the allocation formula as stated in subsection (A). In addition to the allocation to the counties pursuant to subsection (A), the Department of Transportation annually shall transfer from the state highway fund to the donor counties an amount equal to nine and one-half million dollars in the ratio of the individual donor county's contribution in excess of `C' fund revenue allocated to the county under subsection (A) to the total excess contributions of all donor counties.

(I) In expending funds under this section, counties that provide for engineering, contracting, and project supervision shall use a procurement system which requires competitive sealed bids and public advertisement of all projects. All bids for contracts in excess of one hundred thousand dollars must be accompanied by certified bid bonds, and all work awarded under the contracts must be covered by performance and payment bonds for one hundred percent of the contract value. Bid summaries must be published in a newspaper of general distribution following each award.

(J) State highway bonds may be issued for the completion of projects for which `C' funds may be expended for projects as determined by the county transportation committee. The applicable source for payment of principal and interest on the bonds is the share of `C' fund revenues available for use by the county transportation committee. The application for the bonds must be filed by the county transportation committee with the Commission of the Department of Transportation and the State Treasurer, which shall forward the application to the State Budget and Control Board. The Budget and Control Board shall consider the

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

SECTION 48. Section 12-27-1270 of the 1976 Code, as last amended by Section 49, Part II, Act 164 of 1993, is further amended to read:

"Section 12-27-1270. The first eighteen million dollars generated from the tax levied in Sections 12-27-1210, 12-27-1220, 12-27-1230, and 12-27-1240 must be segregated in a separate account for economic development. This account may be expended only upon the authorization of the South Carolina Coordinating Council for Economic Development of the Department of Commerce which shall establish project priorities. Funds devoted to the economic development account must remain in the account if not expended in the previous fiscal year. Annually, funds from the tax levied in Section 12-27-1210 must be deposited to replenish the account to the extent and in an amount necessary to maintain an uncommitted and/or an unobligated, or both, fund balance of eighteen million dollars but not to exceed eighteen million dollars for the ensuing fiscal year. The council may spend no more than two hundred fifty thousand dollars, in the first year only, for a long-term economic development plan which must be submitted to the General Assembly on completion of the plan. The council may spend not more than sixty thousand dollars annually for a state infrastructure model."

SECTION 49. Section 12-36-1710(G) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(G) The Department of Revenue and Taxation and the Division of Aeronautics of the Department of Commerce may not issue a license or transfer of title without first procuring from the Department of Revenue and Taxation information showing that the excise tax has been collected. The Department of Natural Resources may not license any boat or register any motor without first procuring from the Department of Revenue and Taxation information showing that the excise tax has been collected."

SECTION 50. Section 12-36-2570 of the 1976 Code, as last amended by Section 103, Part II, Act 164 of 1993, is further amended to read:

"Section 12-36-2570. (A) The taxes imposed under the provisions of this chapter, except as otherwise provided, are due and payable in monthly installments on or before the twentieth day of the month following the month in which the tax accrues.

(C) At the time of making a monthly report, the person shall compute the taxes due and pay to the commission department the amount of taxes shown to be due. A return is considered to be timely filed if the return is mailed and has a postmark dated on or before the date the return is required by law to be filed.

(D) The commission department may permit the filing of returns every twenty-eight days. These returns must be filed within twenty days following the period covered by the return.

(E) The commission department may enter into an agreement with a taxpayer which allows the taxpayer to remit the tax on statistical factors as set forth in the agreement. This method of reporting only applies to purchases by the taxpayer for its use, storage, or consumption, and not to purchases by the taxpayer for resale."

SECTION 51. The second paragraph of Section 12-36-2610 of the 1976 Code, as last amended by Section 98, Part II, Act 164 of 1993, is further amended to read:

"In no case is a discount allowed if the return, or the tax on it is received after the due date, pursuant to Section 12-36-2570, or after the expiration of any extension granted by the commission department. The discount permitted a taxpayer under this section may not exceed three thousand dollars during any one state fiscal year. However, a person making sales into this State who cannot be required to register for sales and use tax under applicable law but who nevertheless voluntarily registers to collect and remit use tax on items of tangible personal property sold to customers in this State is entitled to a discount on returns filed as otherwise provided in this section not to exceed ten thousand dollars during any one state fiscal year."

SECTION 52. The first paragraph of Section 12-37-930 of the 1976 Code is amended to read:

"All property shall must be valued for taxation at its true value in money which in all cases shall be held to be is the price which the property would bring following reasonable exposure to the market, where both the seller and the buyer are willing, are not acting under compulsion, and are reasonably well informed as to the uses and purposes for which

SECTION 53. The last paragraph of Section 12-37-930 of the 1976 Code, as last amended by Section 81, Part II, Act 164 of 1993, is further amended to read:

"Notwithstanding the percentage allowance stated in the schedule above, the commission department, after examination of the relevant facts, may permit an adjustment in the percentage allowance, with the total allowance not to exceed twenty-five percent, on account of extraordinary obsolescence. The commission department may set forth a depreciation allowance, instead of the depreciation allowance provided in this section, not to exceed twenty-five percent where the taxpayer can provide relevant data concerning a useful life of the machinery and equipment which is different from the period shown in this section."

SECTION 54. Section 12-37-2680 of the 1976 Code, as last amended by Section 214, Act 181 of 1993 and Section 22UU, Part II, Act 164 of 1993, is further amended to read:

"Section 12-37-2680. The assessed value of the vehicle must be determined as of the first day of the month preceding the beginning of the tax year for the vehicles. The assessed values must be published in guides or manuals by the South Carolina Department of Revenue and Taxation and provided to the auditor of each county as often as may be necessary to provide for current values. When the value of any vehicle is not set forth in the guide or manual, the auditor shall determine the value from other available information. Any person aggrieved by the valuation of his motor vehicle may appeal, within thirty days of the auditor's decision, to the South Carolina Department of Revenue and Taxation Administrative Law Judge Division and the department presiding administrative law judge may increase, decrease, or affirm the value so determined. Appeals under this section are confined to the record."

"Section 12-43-300. (A) Whenever the market value estimate of any property is fixed by the assessor at a sum greater by one thousand dollars or more than the amount returned by the owner or his agent, or whenever any property is valued and assessed for taxation which has not been returned or assessed previously, the assessor shall, on or before July first, or as soon thereafter as may be practicable, in the year in which the valuation and assessment is made give written notice thereof to the owner of the property or his agent. In reassessment years, the written reassessment notice to owners or agents must be given by July first. If there is no timely written notice, the prior year's assessed value must be the basis for assessment for the current taxable year. The notice must include the prior market value, the total market value estimate, the value estimate if applicable, the assessment ratio, the total new assessment, the percentage changes over the prior market value, if there is no change in use or physical characteristics of the property, number of acres or lots, location of property, tax map, appeal procedure, and other pertinent ownership and legal description data required by the South Carolina Department of Revenue and Taxation. The notice may be served upon the owner or his agent personally or by mailing it to the owner or his agent at his last known place of residence which may be determined from the most recent listing in the applicable telephone directory, Department of Revenue and Taxation Motor Vehicle Registration List, county treasurer's records, or official notice from the property owner or his agent. The owner or his agent, if he objects to the valuation and assessment, shall serve written notice of his objection upon the assessor within thirty days of the date of the mailing of the notice. In years when there is no notice of appraisal because of a less than one thousand dollar change or no change in the appraised or assessed value, the owner or agent has until March first to serve written notice of objection upon the assessor of the appraised or assessed value. In those years, failure to serve written notice of objection by March first constitutes a waiver of the owner's right of appeal for that tax year and the assessor is not required to review any request filed after March first. The assessor shall then schedule a conference with the owner or agent within twenty days of receipt of the notice. If the assessor requests it, the owner, within thirty days after the conference, shall complete and return to the assessor the form as may be approved by the Department of Revenue and Taxation relating to the owner's property and the reasons for his objection. Within thirty days after the conference, or as soon thereafter as practicable, the assessor shall

SECTION 56. Section 12-53-220 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 12-53-220. When a jeopardy assessment has been made pursuant to Section 12-53-210, the collection of the whole or any amount of such the assessment may be stayed by filing with the Department of Revenue and Taxation, within such a time as may be fixed by regulations prescribed by the department, a bond in an amount as to which a stay is desired, conditioned for the payment of the amount hereinafter specified at the time when such the tax would be due if such a tax is not due at the time of the making of such a jeopardy assessment, or if such the tax is due or overdue at the time of the making of such a jeopardy assessment, at such the time as may be fixed by such regulations. A bond as contemplated in this article shall must be in the form of a surety bond issued by a surety company licensed to do business in South Carolina by the insurance department Department of Insurance of this State, or cash which shall may not bear interest, or negotiable securities subject to the approval of the State Treasurer. The bond in all instances would be conditioned upon the payment of the full amount of the assessment together with applicable interest, penalties, and costs of collection."

SECTION 57. Section 13-1-10, as added by Act 181 of 1993, is amended to read:

"Section 13-1-10. (A) The Department of Commerce is established as an administrative agency of state government which is comprised of a Division of State Development, a Division of Savannah Valley Development, a Division of Aeronautics, a Division of Public Railways, and an Advisory a Coordinating Council for Economic Development. Each division of the Department of Commerce shall have such functions and powers as provided for by law.

SECTION 58. Article 7, Chapter 1, Title 13 of the 1976 Code, as added by Act 181 of 1993, is amended to read:

Section 13-1-1110. The organization and objectives of the Division of Aeronautics, a division of the Department of Commerce are stated in Chapters 1 through 9 of Title 55."

SECTION 59. Article 11, Chapter 1, Title 13 of the 1976 Code, as last amended by Section 22, Part II, Act 497 of 1994, is further amended to read:

Section 13-1-1710. There is hereby created the Advisory Coordinating Council for Economic Development. The membership shall consist of the Director of the Department Secretary of Commerce, the Commissioner of Agriculture, the Chairman of the South Carolina Employment Security Commission, the Director of the South Carolina Department of Parks, Recreation and Tourism, the Chairman of the State Board for Technical and Comprehensive Education, the Chairman of the South Carolina Ports Authority, the Chairman of the South Carolina Public Service Authority, the Chairman of the South Carolina Jobs Economic Development Authority, the Chairman Director of the South Carolina Department of Revenue and Taxation, and the Chairman of the Small and Minority Business Expansion Council, and the Chairman of the South Carolina Research Authority. The Director of the Department Secretary of Commerce shall serve as the chairman of the advisory coordinating council.

Section 13-1-1720. (A) The advisory coordinating council shall meet at least quarterly. It shall enhance the economic growth and development

(1) development and revision of a strategic state plan for economic development. `Strategic state plan for economic development' means a planning document that outlines strategies and activities designed to continue, diversify, or expand the economic base of South Carolina, based on the natural, physical, social, and economic needs of the State;

(2) monitoring implementation of a strategic plan for economic development through an annual review of economic development activities or the previous year and modifying the plan as necessary;

(3) coordination of economic development activities of member agencies of the advisory coordinating council and its advisory committees;

(4) use of federal funds, foundation grants, and private funds in the development, implementation, revision, and promotion of a strategic plan for economic development;

(5) evaluation of plans and programs in terms of their compatibility with state objectives and priorities as outlined in the strategic plan for economic development.;

(6) approval of infrastructure development grants for local units of government pursuant to Section 12-21-2423.;

(7) authorization of expenditures from the economic development account as provided in Section 12-27-1270.

(B) The advisory coordinating council may not engage in the delivery of services.

Section 13-1-1730. The advisory coordinating council shall make reports to the Governor, the chairmen of the Senate Finance and House Ways and Means Committees, and the General Assembly at least annually in the Department of Commerce's annual report on the status and progress of economic development goals which have been set for the State as a part of the ongoing planning process and on the commitments, expenditures, and balance of the Economic Development Account, with appropriate recommendations.

Section 13-1-1740. (A) The advisory coordinating council shall make recommendations to the Governor, the General Assembly, and the State Budget and Control Board as to the policies and programs involved in the state's economic development it considers necessary to carry out the objectives of the strategic plan.

(B) The advisory coordinating council shall review agency requests for legislative appropriations for economic development and may make recommendations to the Budget and Control Board and the General Assembly concerning requests compatible with the objectives of the

Section 13-1-1750. Funds for technical, administrative, and clerical assistance and other expenses of the advisory coordinating council must be provided by the member agencies. The advisory coordinating council may establish technical advisory committees in order to assist in the development of a strategic plan for economic development. The advisory coordinating council shall seek to utilize data relevant to the economic growth and development of the State which is available from the Department of Transportation, the University of South Carolina, Clemson University, and other state agencies and organizations.

Section 13-1-1760. If any provision of Sections 13-1-1710 through 13-1-1760 is in conflict with any existing provisions of law pertaining to the member agencies of the advisory coordinating council, notwithstanding the fact that the provisions of law contained in Sections 13-1-1710 through 13-1-1760 have a later effective date, the prior provision controls. Neither Sections 13-1-1710 through 13-1-1760 nor the advisory coordinating council shall infringe upon nor diminish the self-governing autonomy of the agencies involved."

SECTION 60. Section 13-17-40 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"Section 13-17-40. The authority shall consist consists of a board of twenty-two trustees that includes the following ex officio members: President of the Council of Private Colleges of South Carolina, Chairman of the South Carolina Commission on Higher Education, President of Clemson University, President of the Medical University of South Carolina, President of South Carolina State College, President of the University of South Carolina, President of Francis Marion College, Chairman of the State Board for Technical and Comprehensive Education, Chairman of the State Development Board Secretary of Commerce or his designee, Governor of South Carolina or his designee, and Chairman of the Technical Advisory Board of the Authority.

The Governor shall name the chairman who must not be a public official and who shall serve at the pleasure of the Governor.

The remaining ten trustees must be elected by the board of trustees from a list of nominees submitted by an ad hoc committee named by the chairman and composed of the members serving as elected trustees. The original elected trustees must be the same members serving as elected trustees on the authority's predecessor organization on January 1, 1983, for the terms specified by the bylaws of the authority's predecessor. Each

Terms of elected trustees are for four years, and half shall expire every two years. No elected trustee shall may serve more than two consecutive four-year elected terms. Vacancies must be filled for the unexpired term in the manner of original appointment.

Ex officio trustees shall serve as long as they are elected or appointed to their respective offices. In the event of a vacancy of a public sector trustee, the person who temporarily performs the official's functions shall serve as an interim trustee until a new official is elected or appointed.

A vacancy occurs upon the expiration of the term of service, death, resignation, disqualification, or removal of any a trustee. No trustee shall may receive a salary for his services as a trustee;. However, all shall must be reimbursed for actual expenses incurred in service to the authority.

The board annually shall annually submit a report to the General Assembly including information on all acts of the board of trustees together with a financial statement and full information as to the work of the authority. The board shall hire a director who shall maintain through a designated agent accurate and complete books and records of account, custody, and responsibility for the property and funds of the authority and control over the authority bank account. The director, with the approval of the board, has the power to appoint officers and employees, to prescribe their duties, and to fix their compensation. The board of trustees shall select a reputable certified public accountant to audit the books of account at least once each year.

Regular meetings of the board of trustees must be held at such the time and place as the board of trustees may determine. Special meetings of the board of trustees may be called by the chairman when reasonable notice is given."

SECTION 61. The first two unnumbered paragraphs of Section 16-3-1120 of the 1976 Code, as last amended by Act 181 of 1993, are further amended to read:

"Section 16-3-1120. A director of the Victim's Compensation Fund must be appointed by the Governor and shall serve at his pleasure. The director is responsible for administering the provisions of this article. Included among the duties of the director is the responsibility, with approval of after consultation with the South Carolina Crime Victim's Advisory Board as established in this article, for developing and administering a plan for informing the public of the availability of the

| Printed Page 3670, June 1 | Printed Page 3690, June 1 |

This web page was last updated on Monday, June 29, 2009 at 2:12 P.M.