Current StatusView additional legislative information at the LPITS web site.Bill Number: 4007 Ratification Number: 642 Act Number 519 Introducing Body: House Subject: To make supplemental appropriations for the ordinary expenses of state government for fiscal year 1979-1980
(A519, R642, H4007)
AN ACT TO MAKE SUPPLEMENTAL APPROPRIATIONS FOR THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR FISCAL YEAR 1979-1980; TO PROVIDE AN INCOME TAX DEDUCTION FOR CONSERVATION AND RENEWABLE SOURCE EXPENDITURES; TO AMEND SECTION 12-7-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO INCOME TAX, SO AS TO ALLOW THE DEPENDENT CARE EXPENSE DEDUCTION WHEN ONE SPOUSE IS A STUDENT AT AN EDUCATIONAL INSTITUTION; TO AUTHORIZE AN INCREASE IN THE SALARY OR THE PRESIDENT OF THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND; TO AMEND SECTIONS 40-56-10 AND 40-56-20 OF THE 1976
CODE, AS AMENDED, RELATING TO THE STATE BOARD OF PYROTECHNIC SAFETY, SO AS TO PROVIDE THAT THE BUDGET AND CONTROL BOARD SHALL SUPERVISE THE ENFORCEMENT OF THE LAWS AND REGULATIONS OF THE PYROTECHNIC SAFETY BOARD AND SHALL EMPLOY AND SUPERVISE THE PERSONNEL NECESSARY TO CARRY OUT ITS DUTIES AND TO DELETE A PROVISION THAT THE STATE FIRE MARSHAL SHALL ASSIST THE BOARD IN THE PREPARATION OF REGULATIONS; TO AMEND ACT 184 OF 1977, RELATING TO CHILD DAY CARE FACILITIES, SO AS TO PROVIDE FOR PROVISIONAL STATEMENTS OF REGISTRATION, PROVISIONAL LICENSES OR PROVISIONAL APPROVAL FOR FACILITIES COVERED UNDER ARTICLE V; TO AMEND SECTION 41-27-370 OF THE 1976 CODE, RELATING TO THE DEFINITION OF UNEMPLOYED AS USED IN THE "SOUTH CAROLINA EMPLOYMENT SECURITY LAW", SO AS TO DEEM AN INDIVIDUAL UNEMPLOYED IN ANY WEEK IN WHICH HE RECEIVES NO GOVERNMENTAL OR OTHER PENSION, RETIREMENT PAY, ANNUITY OR OTHER SIMILAR PERIODIC PAYMENT UNDER CERTAIN CONDITIONS; TO
PROVIDE THAT STUDENTS PARTICIPATING IN CHILD DEVELOPMENT PROGRAMS SHALL RECEIVE TRANSPORTATION ON STATE-OWNED BUSSES; TO AMEND SECTION 13-3-90 OF THE 1976 CODE, RELATING TO THE POWERS AND DUTIES OF THE STATE DEVELOPMENT BOARD, SO AS TO PROVIDE CERTAIN POWERS RELATIVE TO GIFTS, GRANTS, FUNDS AND PROPERTY; TO PROVIDE FOR THE TRANSFER OF ANNUAL AND SICK LEAVE WITHIN LEGISLATIVE DEPARTMENT AGENCIES; TO PROVIDE THAT THE STATE OR ANY COUNTY, MUNICIPALITY, LOCAL ZONING AUTHORITY OR OTHER POLITICAL SUBDIVISION SHALL NOT REMOVE OR CAUSE TO BE REMOVED ANY SIGN LOCATED IN VIEW OF AN INTERSTATE OR FEDERAL-AID PRIMARY HIGHWAY AND LAWFULLY ERECTED UNDER THE LAWS OF THE STATE WITHOUT PAYING JUST COMPENSATION; TO AMEND SECTION 42-9-300 OF THE 1976 CODE, RELATING TO LUMP SUM SETTLEMENTS IN WORKMEN'S COMPENSATION CLAIMS, SO AS TO DEFINE THE RIGHT OF CLAIMANTS AND DEPENDENTS TO SUCH SETTLEMENTS; TO SUSPEND THE REQUIREMENT OF A ONE-WEEK WAITING PERIOD FOR ELIGIBILITY OF UNEMPLOYMENT BENEFITS FROM JUNE 1, 1980, THROUGH SEPTEMBER 1, 1980; AND TO AMEND SECTIONS 12-21-1010 AND 12-21-1040 OF THE 1976 CODE AND ADD SECTION 61-9-615 TO THE CODE, ALL RELATING TO WINES, SO AS TO DEFINE DOMESTIC WINE, PERMIT THE SALE, DELIVERY OR SHIPMENT OF DOMESTIC WINE WITH CERTAIN ALCOHOLIC CONTENT AND PROVIDE FOR TEST SAMPLES WITHOUT CHARGE; TO AMEND AN ACT OF 1980, BEARING RATIFICATION NO. 585, THE GENERAL APPROPRIATIONS ACT FOR 1980-81, SO AS TO REQUIRE AN EQUITABLE FORMULA FOR ALLOCATION OF CERTAIN RETIREMENT AND INSURANCE FUNDS FOR PUBLIC SCHOOL EMPLOYEES AND INCREASE THE SUPPLEMENT TO THE INCOME OF AGED, BLIND OR DISABLED PERSONS; AND TO AMEND ACT 199 OF 1979, AS AMENDED, THE GENERAL APPROPRIATIONS ACT FOR 1979-80, SO AS TO PROVIDE THAT APPROPRIATIONS FOR CLERKS OF COURT AND PROBATE JUDGES MAY BE USED FOR NEW OR EXISTING EMPLOYEES.
Be it enacted by the General Assembly of the State of South Carolina:
Section 1. The following sums of money, if so much be necessary, are appropriated out of the General Fund of the State to supplement appropriations heretofore made for the ordinary expenses of the state government for the fiscal year 1979-1980:
1. Legislative Department:
The Senate:
Travel $ 4,000
Subsistence 3,000
Telephone 18,000
Approved Accounts 40,000
The House:
Approved Accounts $ 12,000
Special Services--Both Houses:
Nurse (T) $ 5,500
Supplies 1,000
Legislative Council:
Unclassified Positions $ 1,422
Employer Contributions 219
Printing Code Supplement 80,000
Legislative Information Systems:
DP Services--State 54,000
Fixed Charges:
Rents--State 34,178
Rents--Equipment -----------
Equipment $ 268,777
2,000
Total Legislative Department 13,458
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Provided, that any unexpended balance at June 30, 1980, of the amount appropriated in this item may be carried forward to fiscal year 1980-81 and expended for the same purpose.
3. Governor's Office--SLED:
Equipment--Automotive 490,000
Equipment--Breathalyzer 42,000
Supplies--Breathalyzer 71,000
Printing--Breathalyzer 3,500
Personal Service--Terminal Leave 20,450
Governor's Office:
Governor's Task Force on Health
Care Cost Containment 50,000
Minority Business & Rural
Development 150,000
Governor's Summer School for
the Artistically Talented 115,000
Energy Tax Incentive Program 500,000
Emergency Preparedness--
Standards Development 5,000
Fuel Allocation--Operations 40,000
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Total Governor's Office $ 1,486,950
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Provided, that any unexpended balance at June 30, 1980, of the amounts appropriated in this item may be carried forward to fiscal year 1980-81 and expended for the same purpose.
Provided, further, that the seven hundred thousand dollars appropriated in this Act for the Energy Tax Incentive-Program shall fund an income tax deduction for qualified energy conservation expenditures and renewable energy source expenditures in accord with the provisions of Section 2, Part II of this Act.
Provided, further, that upon certification by the Tax Commission the Budget and Control Board is authorized to reimburse the State General Fund the amount, not to exceed five hundred thousand dollars, necessary to offset the revenue reduction.
Provided, further, that the provisions of Act No. 217 of 1979 relating to the suspension of brand names in connection with the sale of petroleum products when necessary to comply with allocation orders of the State Energy Office and to the authorization of the Governor to declare a State of Emergency with regard to petroleum products under certain conditions shall be extended until midnight, June 30, 1981.
Provided, further, that the amount appropriated in this item for Emergency Preparedness Standards Development shall be used by the Division of Public Safety Programs in accordance with the provisions of Part II, Section 21 of Act 199 of 1979 relating to the development and coordination of a system of comprehensive emergency management in order to develop recommendations for
(1) the definition of roles and responsibilities of the State agencies, and a specific chain of command in the event of any type of emergency for the notification, activation and operation of all State and local agencies currently assigned various emergency preparedness functions; and
(2) the designation of State and local points of contact for official public information in the event of any type of emergency; and
(3) the delineation of minimum standards for local civil defense program operations and plans in South Carolina, including but not limited to, personnel requirements, operating standards, written procedures and evacuation plans along with review, update, and training requirements; and
(4) guidelines for a comprehensive public education program in emergency preparedness and evacuation procedures.
Provided, further, that the recommendations developed under this item shall be promulgated as regulations under the provisions of Act 176 of 1977 prior to June 30, 1981.
4. Lieutenant Governor:
Equipment Automotive $ 9,800
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Provided, that any unexpended balance at June 30, 1980, of the amounts appropriated in this item may be carried forward to fiscal year 1980-81 and expended for the same purpose.
7. State Treasurer:
Building Renovations $ 6,500
Contractual Services 10,000
-----------
Total State Treasurer $ 16,500
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Provided, that any unexpended balance at June 30, 1980, of the amounts appropriated in this item may be carried forward to fiscal year 1980-81 and expended for the same purpose.
8. Attorney General:
Library Equipment--Dennis Building 43,061
Contractual Service--Telephone 1,421
Pre-Trial Intervention Program 46,826
Attorney Fees--Boundary Dispute 156,000
Warrant Tracking System 41,000
-----------
Total Attorney General $ 288,308
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Provided, that any unexpended balance at June 30, 1980, of the amounts appropriated in this item may be carried forward to fiscal year 1980-81 and expended for the same purpose.
9. Commission on Appellate Defense:
Salaries and Employer
Contributions $ 77,223
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Provided, that if LEAA funds are received the amount of such funds shall be deducted from the funds appropriated in this item and such amount shall be returned to the general fund. Provided, further, that any unexpended balance on June 30, 1980, of the amounts appropriated in this item may be carried forward to fiscal year 1980-81 and expended for the same purpose.
10. Adjutant General:
Administration:
Contractual Services--Intrusion
System $ 7,800
Military Personnel:
Tuition Assistance 40,000
Emergency Preparedness:
Rents--State Owned Buildings 9,405
-----------
Total Adjutant General's Office $ 57,205
-----------
11. Election Commission:
Election Expense $ 833,000
-----------
Total Election Commission $ 833,000
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Provided, that any unexpended balance at June 30, 1980, of the amounts appropriated in this item may be carried forward to fiscal year 1980-81 and expended for the same purpose.
12. Budget and Control Board:
Executive Director:
Civil Contingency Fund $ 7,500
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13. Finance:
Equipment 28,872
-----------
Total Finance $ 28,872
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Provided, that any unexpended balance at June 30, 1980, of the amounts appropriated in this item may be carried forward to fiscal year 1980-81 and expended for the same purpose.
14. General Services:
Construction and Renovation:
Governor's Mansion 35,800
Renovation--State House 19,000
Renovation--Other Buildings 65,000
Engineering Operations Unit:
Insurance 12,000
Equipment 2,800
Debt Service 64,713
State Board of Pyrotechnic Safety 20,000
-----------
Total General Services $ 219,313
-----------
Provided, that any unexpended balance at June 30, 1980, of the amounts appropriated in this item may be carried forward to fiscal year 1980-81 and expended for the same purpose.
16. Division of Local Government:
Rural Improvements $ 3,500,000
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Provided, that any unexpended balance at June 30, 1980, of the amounts appropriated in this item may be carried forward to fiscal year 1980-81 and expended for the same purpose.
18. Commission on Higher Education
Building Quality &
Utilization Survey $ 100,000
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Provided, that any unexpended balance at June 30, 1980, of the amounts appropriated in this item may be carried forward to fiscal year 1980-81 and expended for the same purpose.
Provided, further, that the Commission on Higher Education shall obtain approval of the State Budget and Control Board, with advice of the Joint Bon Review Committee, prior to entering into a contract for the conducting of the Building Quality and Utilization Survey.
19. Tuition Grants:
Provided, that the Higher Education Tuition Grants Commission is authorize to expend funds appropriated for fiscal year 1980-81 to pay commitments incurred in fiscal year 1979-80 for grant awards.
20. The Citadel:
Operation and Maintenance:
Equipment--Library Acquisition 138,000
-----------
Total The Citadel $ 138,000
-----------
Provided, that any unexpended balance at June 30, 1980, of the amounts appropriated in this item may be carried forward to fiscal year 1980-81 and expended for the same purpose.
21. Clemson University:
Public Service:
Other Contractual Services 184,357
-----------
Total Clemson University $ 184,357
-----------
23. Francis Marion College:
Renovations 306,700
-----------
Total Francis Marion College $ 306,700
-----------
Provided, that any unexpended balance at June 30, 1980, of the amounts appropriated in this item may be carried forward to fiscal year 1980-81 and expended for the same purpose.
Provided, further, that the College shall return to the State General Fund such funds as may be received in settlement of the lawsuit pertaining to the panel replacement project.
24. Lander College:
Nursing Program 28,000
-----------
Total Lander College $ 28,000
-----------
Provided, that any unexpended balance at June 30, 1980, of the amounts appropriated in this item may be carried forward to fiscal year 1980-81 and expended for the same purpose.
28. USC--Coastal:
Nursing Program 92,080
-----------
Total USC-Coastal 92,080
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Provided, that any unexpended balance at June 30, 1980, of the amounts appropriated in this item may be carried forward to fiscal year 1980-81 and expended for the same purpose.
29. USC--Spartanburg:
Nursing Program 87,460
-----------
Total USC--Spartanburg $ 87,460
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36. Medical University of S. C.:
Genetic Disease Program 45,000
-----------
Total Medical University of S. C $ 45,000
-----------
Provided, that the amounts appropriated herein to the Medical University of South Carolina for Genetic Disease Assessment Program may be carried forward and expended for the same purpose in 1980-81. Provided, further, that the funds appropriated for this project shall be used to provide an assessment of the current genetic disease programs in South Carolina, as well as other states, and conduct a needs assessment related to genetic diseases testing and counseling in South Carolina. The project shall be conducted by the three regional genetic disease directors with the advice and assistance of other individuals and organizations as they may deem necessary. Recommendations shall be submitted to the General Assembly no later than June 30, 1981 at which time the Genetic Disease Assessment Project shall cease to exist, and funds expended shall be reviewed by the State Auditor for compliance with applicable State statutes and regulations.
37. Technical & Comprehensive Education:
Equipment $ 10,240
-----------
Total Technical & Comp. Educ $ 10,240
-----------
Provided, that any unexpended balance at June 30, 1980, of the amounts appropriated in this item may be carried forward to fiscal year 1980-81 and expended for the same purpose.
38. Department of Education:
Gasoline 1,582,861
School Busses 2,000,000
School Textbooks 1,500,000
Service Vehicles 81,250
Adult Education 25,339
Voc. Education-Nursing Program 569,000
-----------
Total Department of Education $ 5,758,450
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Provided, that any unexpended balance at June 30, 1980, of the amounts appropriated in this item may be carried forward to fiscal year 1980-81 and expended for the same purpose.
Provided, further, that any unexpended gasoline funds appropriated in this Act to the Department of Education may be used for School Bus Purchases in 1980-81.
Provided, further, that any unexpended funds appropriated for Implementation of Task Force on Teacher Certification by Act 194 of 1979 may be carried forward to fiscal year 1980-81 and expended for the same purpose.
Provided, further, that any shortfall in the 1979-80 appropriations for employe benefits for public school employees shall be paid from the General Fund surplus after the close of the fiscal year and after the provision for the Reserve Fund. Should the amount of surplus be insufficient to cover the shortfall, the Department of Education is directed to pay the difference from any unexpended balance in an account of that Agency.
39. ETV Commission:
Production Costs 50,000
-----------
Total ETV Commission $ 50,000
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Provided, that any unexpended balance at June 30, 1980, of the amounts appropriated for Production Costs may be carried forward to fiscal year 1980-81 and expended for the same purpose.
40. Wil Lou Gray Opportunity School:
Support Services:
Permanent Improvements 33,800
-----------
Total Wil Lou Gray
Opportunity School $ 33,800
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Provided, that any unexpended balance at June 30, 1980, of the amounts appropriated in this item may be carried forward to fiscal year 1980-81 and expended for the same purpose.
41. School for the Deaf & the Blind:
Building Renovations $ 1,000
Personnel Staffing Study 5,000
-----------
Total School for the Deaf and Blind $ 6,000
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Provided, that any unexpended balance at June 30, 1980, of the amounts appropriated in this item may be carried forward to fiscal year 1980-81 and expended for the same purpose.
Provided, further, that the amount appropriated for the Personnel Staffing Study shall be carried forward to FY '81 budget of the School for the Deaf and Blind.
Provided, further, however, that the South Carolina School for the Deaf and Blind shall charge the President $100 per month plus the cost of utilities for the use of the President's house.
42. Department of Archives & History:
Records Management--Equipment 42,000
-----------
Total Archives and History $ 42,000
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Provided, that any unexpended balance at June 30, 1980, of the amounts appropriated in this item may be carried forward to fiscal year 1980-81 and expended for the same purpose.
43. Confederate Relic Room:
Equipment--Palmetto Arms $ 2,100
-----------
Total Confederate Relic Room $ 2,100
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Provided, that any unexpended balance at June 30, 1980, of the amounts appropriated in this item may be carried forward to fiscal year 1980-81 and expended for the same purpose.
44. Arts Commission:
Roof Repairs $ 10,000
General Operations 30,000
-----------
Total Arts Commission $ 40,000
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Provided, that any unexpended balance at June 30, 1980, of the amounts appropriated in this item may be carried forward to fiscal year 1980-81 and expended for the same purpose.
45. Museum Commission:
General Operations $ 43,000
Provided, that any unexpended balance at June 30, 1980, of the amounts appropriated in this item may be carried forward to fiscal year 1980-81 and expended for the same purpose.
46. Health & Environmental Control:
Emergency Medical Services $ 120,000
Vaccine for Immunizations 250,000
General Operations--State Parks 135,000
S. C. Rural Water & Sewer Grants 300,000
Appalachian Health District 1--
Rural Health 28,000
Renal Dialysis 230,000
-----------
Total Health & Environmental
Control $ 1,063,000
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Provided, that any unexpended balance at June 30, 1980, of the amounts appropriated in this item may be carried forward to fiscal year 1980-81 and expended for the same purpose.
Provided, further, that any unexpended balance at June 30, 1980, of the amounts appropriated for Immunizations/Vaccines may be carried forward to fiscal year 1980-81 and expended for the same purpose.
Provided, further, that the $120,000 appropriated in this item for Emergency Medical Services shall be expended for allocations to the private sector.
47. Department of Mental Health:
State Hospital:
Classified Positions $ 125,000
Employer Contributions 15,363
Crafts-Farrow:
Classified Positions 97,300
Employer Contributions 12,037
Anderson-Oconee-Pickens:
Other Operating Expenses 25,000
Columbia Area Center:
Operating Expenses 234,000
Spartanburg Area Center:
Operating Expenses 25,000
Santee-Wateree Area Center:
Operating Expenses 216,905
Addiction Specialists (8) 90,000
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Total Mental Health $ 840,605
Provided, that the amounts appropriated herein to the Department of Mental Health for the Columbia Area Center, not to exceed $194,000 may be carried forward and expended for the same purpose in 1980 81.
Provided, further, that the amounts appropriated herein to the Department of Mental Health for Anderson-Oconee-Pickens, the Spartanburg Area Center, and the Santee-Wateree Center may be carried forward and expended for the same purpose in 1980-81.
Provided, further, that any unexpended balance at June 30, 1980, of the amounts appropriated in this item may be carried forward to fiscal year 1980-81 and expended for the same purpose.
48. Mental Retardation:
Piedmont Center 40,000
Community Services Programs--
Title XX Replacement 213,693
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Total Mental Retardation $ 253,693
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Provided, that any unexpended balance at June 30, 1980, of the amounts appropriated in this item may be carried forward to fiscal year 1980-81 and expended for the same purpose.
49. Alcohol and Drug Abuse:
Drug Abuse Comm. Service
Programs 152,309
Drug Abuse Prevention Formula
Grants 50,000
Alcoholism Treatment and
Rehabilitation 79,476
Aid to Entities--Title XX
Indirect Cost Carryover 1980-81 96,414
Aid to Entities--Title XX
Indirect Cost Replacement 1979-80 96,414
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Total Alcohol and Drug Abuse $ 475,113
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Provided, that this sum of money is appropriated out of the General Fund of the State to supplement appropriations heretofore made for the ordinary expense of the State government for the fiscal year 1979-80, and if any of the funds so appropriated are not expended in fiscal year 1979-80, they may be carried forward and used for the same purpose during the fiscal year 1980-81.
Provided, Further, That of the appropriations contained in this section, $282,285 shall be contingent upon the Commission on Alcohol and Drug Abuse receiving and remitting to the General Fund indirect and/or overhead cost recoveries of a like amount. If the indirect and/or overhead cost recoveries are less than the foregoing amount, the appropriations provided in this section shall be reduced by the difference between the foregoing amount and the amount actual collected and remitted to the General Fund. However, nothing contained here shall be construed as authorizing additional appropriations should the indirect and/or overhead cost recoveries exceed $282,285.
Provided, Further, That of the appropriations contained in this section, $96,414 shall be contingent upon the Commission on Alcohol and Drug Abuse receiving an remitting to the General Fund indirect and/or overhead cost recoveries of a like amount. If the indirect and/or overhead cost recoveries are less than the foregoing amount, the appropriations provided in this section shall be reduced by the different between the foregoing amount and the amount actually collected and remitted to the General Fund. However, nothing contained herein shall be construed as authorizing additional appropriations should the indirect and/or overhead cost recoveries exceed $96,414.
50. Department of Social Services:
Medical Assistance Program $ 2,000,000
Day Care 800,000
Case Worker Training 80,000
Battered Adults Program 50,000
Title XX Provider Services 500,000
Commission on Aging 200,000
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Total Department of
Social Services $ 3,630,000
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Provided, that any unexpended balance at June 30, 1980, of the amounts appropriated in this item may be carried forward to fiscal year 1980-81 and expended for the same purpose.
Provided, further that should federal funds become available to the Department of Social Services to carry out the Day Care Program, the $800,000 appropriated in this item shall revert to the General Fund of the State.
Provided, further, that $800,000 of this amount is to provide for the full operation of the Child Development Service necessitated by a downward adjustment in the availability of federal funds from the national level.
Provided, further, that the $500,000 and $200,000 shall be allocated to Title XX contract providers, and direct operations of the Department of Social Services if needed, to maintain as near as possible a 36percent contracted ratio to the total Title XX Comprehensive Annual Services Program Plan, and to restore all services as proposed therein with adjustments as required by the funding designation to the Commission on Aging contained herein, such participation being necessitated by a reduction of federal funding from the national program.
Provided, further, that of this amount to replace the federal funds, the Department of Social Services and other service providers will provide an amount equal to 25percent to match with 75percent of any amount expended from the amounts appropriated.
Provided, further, that should federal funds become available to the Department of Social Services to carry out the services for which these amounts are appropriated, an amount equal to the federal funds shall revert to the General Fund of the State.
Provided, further, that the stated amounts will be expended as distributed and any changes to the distribution of amounts appropriated or the match requirement will be authorized with the approval of the Budget and Control Board.
52. Children's Bureau:
Title XX Audit Exception 9,714
Continued Medical Payments for
Mentally and Physically
Handicapped Children 4,000
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Total Children's Bureau $ 13,714
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52-A. Human Affairs Commission:
Furnishings & Equipment $ 35,000
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53. Department of Corrections:
Medical & Health 50,000
Food Supplies 50,000
Motor Vehicle Supplies 50,000
General Operations 100,000
-----------
Total Department of Corrections $ 250,000
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53A. Probation, Pardon & Parole Board:
General Operations $ 16,500
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Provided, that any unexpended balance at June 30, 1980, of the amounts appropriated in this item may be carried forward to fiscal year 1980-81 and expended for the same purpose.
56. Land Resources Commission:
Soil Survey 50,000
Radio Equipment 6,000
Goose Creek Reservoir Study 15,000
-----------
Total Land Resources Commission $ 71,000
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Provided, that any unexpended balance at June 30, 1980, of the amounts appropriated in this item may be carried forward to fiscal year 1980-81 and expended for the same purpose.
Provided, further, that the funds appropriated for the Goose Creek Reservoir Study shall be used exclusively for A and E services to determine the scope of work required and anticipated cost of maintaining the Goose Creek Reservoir when and if abandoned by the Commissioners of Public Works, Charleston, South Carolina.
57. Forestry Commission:
Administration:
Other Operating Expenses $ 21,518
Clothing--Field Personnel 70,000
-----------
Total Forestry Commission $ 91,518
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Provided, that the amounts appropriated herein to the State Forestry Commission for Clothing--Field Personnel may be carried forward and expended for the same purpose in 1980-81.
58. Department of Agriculture:
Contractual Services $ 19,375
Equipment 16,000
Motor Vehicle 6,500
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Total Agriculture $ 41,875
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Provided, that any unexpended balance at June 30, 1980, of the amounts appropriated in this item may be carried forward to fiscal year 1980-81 and expended for the same purpose.
59. Wildlife and Marine Resources:
Law Enforcement:
Motor Vehicles 368,641
Repairs-Capers Island 51,000
Moving Expenses 66,000
Mariculture Facility 150,000
Boat Slip Dredging 50,000
Contractual Services 25,000
Construction 35,000
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Total Wildlife and
Marine Resources $ 745,641
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Provided, that any unexpended balance at June 30, 1980, of the amounts appropriated in this item may be carried forward to fiscal year 1980-81 and expended for the same purpose.
60. Parks, Recreation & Tourism:
Carpet and Equipment--
Welcome Center $ 45,975
Foreign Tourism Promotion 100,000
Dillon Park Project 22,000
Swamp Fox Country Tourism
Comm 40,000
Spoleto USA 125,000
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Total Parks, Recreation & Tourism $ 332,975
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Provided, that any unexpended balance at June 30, 1980, of the amounts appropriated in this item may be carried forward to fiscal year 1980-81 and expended for the same purpose.
61. State Development Board:
Other Operating Expenses 50,000
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Total State Development Board $ 50,000
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62. Patriot's Point Development Authority:
Lawsuit Reimbursement $ 37,500
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63. Old Exchange Building Commission:
General Operations 67,000
-----------
Total Old Exchange Bld. Comm. $ 67,000
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Provided, that any unexpended balance at June 30, 1980, of the amounts appropriated in this item may be carried forward to fiscal year 1980-81 and expended for the same purpose.
64. American Revolution Bicentennial Commission:
Operating Expenses $ 10,000
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Provided, that any unexpended balance at June 30, 1980, of the amounts appropriated for the S. C. American Revolution Bicentennial Commission may be carried forward to fiscal year 1980-81 and expended for the same purpose.
65. Industrial Commission:
Judicial:
Commissioner $ 5,176
Employer Contributions 706
Administration:
Classified Positions 7,941
Employer Contributions 1,082
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Total Industrial Commission $ 14,905
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Provided, that any unexpended balance at June 30, 1980, of the amounts appropriated for the Industrial Commission may be carried forward to fiscal year 1980-81 and expended for the same purpose.
66. Insurance Department:
Contractual Services 18,832
Supplies 29,686
Equipment 3,925
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Total Insurance Department $ 52,443
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Provided, that any unexpended balance at June 30, 1980, of the amounts appropriated in this item may be carried forward to fiscal year 1980-81 and expended for the same purpose.
68. State Tax Commission:
Classified Positions $ 223,513
Contractual Services 33,000
Supplies--Postage 33,076
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Total State Tax Commission $ 289,589
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Provided, that any unexpended balance at June 30, 1980 of the $33,000 appropriated for Contractual Services in this item may be carried forward to fiscal year 1980-81 and expended for the same purpose.
69. Alcoholic Beverage Control Commission:
Supplies--Motor Vehicle $ 18,000
Travel 5,000
Equipment--Automobiles and Radios 53,220
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Total ABC Commission $ 76,220
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Provided, that any Unexpended balance at June 30, 1980 of the $53,220 appro- priated for Equipment--Automobile and Radios in this item may be carried forward to fiscal year 1980-81 and expended for the same purpose.
70. S. C. Board of Accountancy:
Personal Service:
Unclassified $ 6,000
Classified 5,100
Employee Benefits 899
-----------
Total Board of Accountancy $ 11,999
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Provided, that any unexpended balance at June 30, 1980, of the amounts appropriated in this item may be carried for yard to fiscal year 1980-81 and expended for the same purpose.
Provided, further, that the amount appropriated for unclassified positions shall be utilized to increase the 1980-81 salary of the Executive Director of the S. C. Board of Accountancy due to an increase in working hours.
71. State Board of Architectural Examiners:
Personal Service $ 4,750
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Provided, that any unexpended balance at June 30, 1980, of the amounts appropriated in this item may be carried forward to fiscal year 1980-81 and expended for the same purpose.
Provided, further, that the amount appropriated for unclassified positions shall be utilized to increase the 1980-81 salary for the Executive Secretary-Treasurer of the State Board of Architectural Examiners due to an increase in working hours.
72. S. C. Licensing Board for Contractors:
General Operations $ 1,500
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73. Funeral Service Board:
Contractual Services $ 3,000
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75. Real Estate Commission:
Building Renovations $ 500
-----------
Total Real Estate Commission $ 500
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Provided, that any unexpended balance at June 30, 1980, of the amounts appropriated in this item may be carried forward to fiscal year 1980-81 and expended for the same purpose.
76. Residential Home Builders:
Building Renovations $ 1,692
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Provided, that any unexpended balance at June 30, 1980, of the amounts appropriated in this item may be carried forward to fiscal year 1980-81 and expended for the same purpose.
77. State Board of Chiropractic Examiners:
General Operations $ 23,970
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78. Aeronautics Commission:
Building Renovations $ 2,000
Cherokee Airport--A & E 35,000
Bamberg Airport 125,000
Equipment, Truck--Grass Cutters 215,000
Aircraft Maintenance 37,000
Fuel 49,000
Air Service Study 40,000
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Total Aeronautics $ 503,000
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Provided, that any unexpended balance at June 30, 1980, of the amounts appropriated in this item may be carried forward to fiscal year 1980-81 and expended for the same purpose.
79. Department of Highways and Public
Transportation Interagency Council:
General operations $ 25,000
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Provided, that whereas the State Public Transportation Pilot Project has been delayed in its scheduled implementation; and whereas the General Assembly is supportive of demonstrating alternative transportation systems, inclusive of consolidated transportation. Therefore, State and Federal funds for state fiscal year 1981 allocated by the Department of Social Services, Commission on Aging, Department of Mental Retardation, Department of Vocational Rehabilitation, and the Governor's Office-Manpower Division must be contracted directly or indirectly to the Santee-Wateree Regional Transportation Authority for the provision of transportation services in the Santee-Lynches Region. The contracts must be in effect July 1, 1980 and continue through June 30, 1981. Such State and Federal funds must equal $36,000 from Department of Social Services Title XX for 225,000 passenger miles, $92,500 from Commission on Aging for 578,125 passenger miles, $18,000 from Department of Vocational Rehabilitation for 112,500 passenger miles, $94,000 from Department of Mental Retardation for 587,500 passenger miles, and actual cost for all Manpower Division CETA and Department of Social Service Title XIX transportation services.
Additional funds required to provide transportation services for 459,000 Department of Social Services Title XX passenger miles, 1,290,275 Commission on Aging passenger miles or equivalent, 1,162,500 Department of Mental Retardation passenger miles and 103,500 Department of Vocational Rehabilitation passenger miles shall be funded by the above appropriated $25,000 state subsidy for provision of these services by the Santee-Wateree Regional Transportation Authority.
A regional Committee shall be established to advise the Interagency Council and the Santee-Wateree Regional Transportation Authority in the implementation of the project, including the planning for services at the conclusion of the project The Committee shall be composed of representatives of all local participating agencies. The chairman of the Committee shall be elected at the first meeting from among its membership. The Committee shall meet monthly during the period state, above. The Committee shall be effective immediately upon the passage of this ac and staffed by the Santee-Lynches Council for Governments.
The responsibility for the implementation of this proviso will be that of the Chief Commissioner of the Department of Highways and Public Transportation with the advice and consent of the Interagency Council on Public Transportation and individually that of the directors of the agencies named above.
The language of this proviso shall amend and extend for one year Act 644, of 1978, Part II, Section 26.
80. Miscellaneous:
Catawba Indian Reservation
Study Committee $ 12,500
Committee on Tourism 5,000
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Total Miscellaneous $ 17,500
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Provided, that any unexpended balance at June 30, 1980, of the amounts appropriated in this item may be carried forward to fiscal year 1980-81 and expended for the same purpose.
81. Contributions:
Charleston Museum $ 62,500
Historical Camden 25,000
Greenville Museum 56,750
The Museum-Greenwood 35,000
Battle of Star Fort
Historical Drama 12,000
Florence Crittendon Home 29,000
St. Nicholas School 100,000
S. C. Council on Economic Education 30,000
Evergreen Skills Facility 40,000
Palmetto Pathway Homes--Renovation 40,000
Calhoun County Museum 25,000
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Total Contributions $ 455,250
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Provided, that any unexpended balance at June 30, 1980, of the amounts appropriated in this item may be carried forward to fiscal year 1980-81 and expended for the same purpose.
Provided, further, that the funds appropriated for Palmetto Pathway Homes and the Evergreen Skills Facility shall be made available only after the Budget and Control Board has determined that the titles to the properties to be renovated are held by the State of South Carolina or a political subdivision thereof.
82. S. C. Public Service Merit Selection Panel:
Per Diem $ 3,850
Other Operating Expenses 4,279
Job Advertising 5,000
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Total Public Service Merit
Selection Panel $ 13,129
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Provided, that funds provided for job advertising shall be used only for advertising the position or positions of Public Service Commissioners; and any funds not so expended shall be returned to the General Fund.
Total All State Agencies $23,280,216
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83. Provided, that the unexpended 1979-80 balance, not to exceed $20,000 for Discover Upcountry Carolina Association, may be carried forward and expended for that purpose by the Division of Parks, Recreation and Tourism in 1980-81.
84. Provided, that the unexpended 1979-80 balance, not to exceed $40,000 for Musgrove State Park--Permanent Improvement may be carried forward and expended for that purpose by the Division of Parks, Recreation and Tourism in 1980-81.
85. Provided, that the unexpended 1979-80 balance, not to exceed $10,000 for the State Reorganization Commission may be carried forward and expended by the State Reorganization Commission in 1980-81.
86. Provided, that whereas the General Assembly has determined that certain account balances totaling $212,069.19 remain from appropriations made prior to July 1, 1974, for various types of improvements for airports, it is the intent of the General Assembly that the following project balances shall be canceled and these amounts shall be returned by the Comptroller General to the General Fund of the State.
Bennettsville Airport $ 40,000.00
Marion-Mullins Airport 22,110.29
Moncks Corner Airport 20,000.00
Cheraw Airport 3,975.00
Allendale Airport 4,599.86
Dillon Airport 3,081.62
Marlboro Airport 5,614.19
Hemingway Airport 1,413.94
Gaffney Airport 25,000.00
Clarendon Airport 527.63
Aiken Airport 2,281.66
Laurens Airport 7,940.00
Lee Airport 44,750.00
Cherokee Airport 25,000.00
Bishopville Airport 5,775.00
87. Provided, that notwithstanding the amount appropriated for the position of Director, the annual salary of the Director of the Sea Grants Consortium may be increased for fiscal year 1980-81 by an amount not to exceed $3,000.
88. Amend Section 28, Part I, of an Act of 1980 with Ratification No. 585 (1980 General Appropriations Act) by deleting the proviso which reads:
"Provided, further, that notwithstanding the amounts appropriated in this section under 'State Employer Contributions' for 'Public School Employees--Retirement, Social Security, and Group Life Insurance,' the State Treasurer and the Comptroller General are hereby authorized and directed to transfer from the General Fund of the State to the proper Retirement System accounts, month by month, during the fiscal year 1980-81, such funds as are necessary to comply with the terms of the Retirement Act as amended, as to contributions by the State of South Carolina to the Retirement System."
and inserting:
"Provided, further, that notwithstanding any other provisions of law, beginning in 1981-82, the amounts appropriated in this section under 'State Employer Contributions' for State Retirement, Group Life Insurance, Social Security, and Health Insurance for Public School Employees shall be the total amount provided for these purposes. The Committee to Study State Educational System shall be directed to devise and recommend to the Budget and Control Board an equitable formula for the allocation of these funds to the various school districts. School districts shall be notified of this formula prior to January 1, 1981, and the formula shall become effective beginning with the 1981-82 fiscal year."
89. Amend Section 42, Part I, of an Act of 1980 with Ratification No. 585 (1980 General Appropriations Act) by deleting the proviso which reads:
"Provided, further, that from the appropriation made herein for General Assistance, the Department may elect to supplement the income of individuals who reside in licensed residential care facilities and who either qualify as aged, blind or disabled under the definitions of Public Law 92-603, U. S. Code, or who would qualify except for income limitations. The Department may elect to supplement the income of the above defined group up to a maximum of $345.00 per month. The residential care facilities are authorized to charge a fee of $320.00 per month for this defined group, and the Department will allow an additional $25.00 per month for the individual's personal needs."
and inserting:
"Provided, further, that from the appropriation made herein for General Assistance, the Department may elect to supplement the income of individuals who reside in licensed residential care facilities and who either qualify as aged, blind or disabled under the definitions of Public Law 92-603, U. S. Code, or who would qualify except for income limitations. The Department may elect to supplement the income of the above defined group up to a maximum of $353.00 per month. The residential care facilities are authorized to charge a fee of $328.00 per month for this defined group, and the Department will allow an additional $25.00 per month for the individual's personal needs."
90. The second and third provisos from the end of Section 8, Part I, Act 199 of 1979, are amended to read:
"Provided, Further, That of the amount appropriated in this section for Clerks of Court $3,000 shall be distributed to each County Treasurer, of which $1,500 shall be used as a salary supplement to each Clerk of Court, and $1,500 shall be used by each Clerk of Court to secure additional clerical help. Payment shall be made to each County Treasurer in a single lump sum at the beginning of the fiscal year. The $1,500 appropriation contained in this proviso to secure additional clerical help may be used for new or existing employees.
Provided, Further, That of the amount appropriated in this section for Probate Judges $3,000 shall be distributed to each County Treasurer, of which $1,500 shall be used as a salary supplement to each Probate Judge, and $1,500 shall be used by each Probate Judge to secure additional clerical help. Payment shall be made to each County Treasurer in a single lump sum at the beginning of the fiscal year. The $1,500 appropriation contained in this proviso to secure additional clerical help may be used for new or existing employees."
It is hereby declared to be the intent of thee General Assembly that the following sections shall constitute a part of the permanent laws of the State of South Carolina, and the Code Commissioner is hereby directed to include same in the next edition of the Code of Laws of South Carolina and all supplements to the Code.
Income Tax Deduction for Conservation and Renewable Source Expenditures
A. Notwithstanding any other provision of law and subject to the conditions prescribed in this section, any taxpayer as defined in B of this section shall be allowed a state income tax deduction equal to twenty-five percent of the purchase price up to a maximum of one thousand dollars of qualified energy conservation expenditures and renewable energy source expenditures as such expenditures are defined in B of this section.
B.
(1) "Taxpayer" means any individual, fiduciary or corporation subject to the Income Tax Act of 1926 (Chapter 7 of Title 12 of the 1976 Code).
(2) "Qualified energy conservation expenditure" means expenditures by the taxpayer for insulation or any other energy-conserving component installed in or on a residential or nonresidential building:
(a) which is located in the State;
(b) which is used by the taxpayer, or his tenants in a landlord/tenant relationship, for residential, commercial or industrial purposes;
(c) the construction of which was substantially completed before July 1, 1980; provided, that each insulation or other energy-conserving component shall be Installed on or after July 1, 1980.
(d) insulation installations to qualify as qualified energy conservation expenditures are required to meet the minimum insulation standards prescribed by state law and expenditures therefore are required to have been made prior to June 30, 1983, to qualify for the deduction.
(3) "Qualified renewable energy source expenditure" means an expenditure made between July 1, 1980, and June 30, 1983, by the taxpayer for renewable energy source property installed in connection with a residential or nonresidential building:
(a) which is located in the State;
(b) which is used by the taxpayer, or his tenants in a landlord/tenant relationship, for residential, commercial or industrial purposes.
"Qualified renewable energy source expenditure'' includes, but is not limited to, expenditures for labor costs properly allocable to the on-site preparation, assembly, or original installation of renewable energy source property but does not include any expenditure allocable to a swimming pool used as an energy storage medium, or to any other energy storage medium which has a primary function other than energy storage.
(4) "Other energy-conserving component" means any item or material other than insulation:
(a) which is:
(1) a furnace burner installed to replace a less energy efficient burner and designed to achieve a reduction in the amount of fuel consumed as a result of increased combustion efficiency;
(2) a device for modifying fuel openings and designed to increase the efficiency of operation of the heating system;
(3) an electrical or mechanical furnace ignition system which replaces a gas pilot light;
(4) an exterior storm or thermal window or door;
(5) an energy-saving automatic setback thermostat;
(6) caulking or weatherstripping of an exterior door or window;
(7) a motor-driven or wind-driven vent;
(8) an attic fan;
(9) a glass fireplace door which is installed by or at the instance of the taxpayer;
(10) an energy control or monitoring device;
(11) any other device as set forth in regulations promulgated by the Division of Energy Resources in accordance with Act 176 Of 1977.
(b) which can reasonably be expected to be effective or remain in operation for at least three years; and
(c) which meets the performance, quality and safety standards, if any, which:
(1) have been prescribed by federal or state law or regulations;
(2) are in effect at the time of the acquisition of the item or material.
(5) "Renewable energy source property" means property:
(a) which, when installed in connection with a building, transmits or uses as an energy source in such building:
(1) solar energy (active and passive systems), biomass conversion, energy derived from geothermal deposits, the potential energy of falling or no wing water (water wheel) to produce mechanical or electrical energy, or any other form of renewable energy specified in regulations promulgated by the Tax Commission, after consultation with the Governor's Division of Energy Resources, for the purpose of heating, cooling or providing hot water for use within such buildings;
(2) wind energy;
(3) energy from the burning of wood in stoves or furnaces other than fireplaces; and
(b) which is installed by or at the instance of the taxpayer; and
(c) which can reasonably be expected to be effective or remain in operation for at least five years; and
(d) Which meets the performance and quality standards, if any,
(1) have been prescribed by federal or state law or regulations;
(2) are in effect at the time of the acquisition of the property.
C. A taxpayer may claim as a deduction all qualified energy conservation expenditures and all qualified renewable energy source expenditures made during a taxable year to the amount authorized in A of this section. If the amount of such deduction exceeds the taxpayer's gross income for such taxable year, the amount thereof which exceeds such gross income may be carried over for deduction from the taxpayer's gross income in the next five succeeding taxable years until the total amount of the tax deduction has been taken.
D. The Tax Commission is authorized to establish procedures and promulgate regulations in accordance with Act 176 of 1977 for the administration of this section after consultation with the Governor's Division of Energy Resources.
To Amend Section 12-7-700, Code of Laws of South Carolina, 1976, as Amended, Relating to Income Tax, so As to Allow the Dependent Care Expense Deduction When One Spouse Is a Student at an Educational Institution.
(A) The last proviso of item (17) of Section 12-7-700 of the 1976 Code is amended by adding after "item (C)" on line four: ", or the spouse is a full-time student at an educational institution". The proviso when amended shall read:
"Provided, further, that this deduction shall be allowed for married couples, only if both spouses are gainfully employed on a substantially full-time basis, or the spouse is a qualifying individual described in item (C), or the spouse is a full-time student at an educational institution. However, in the case of a married individual, filing a separate return, who lives apart from his spouse, this deduction shall be allowed if such taxpayer maintains as his home a household which constitutes for more than one half of the taxable year the principal place of abode of a qualifying individual, with respect to whom such individual is entitled to an exemption for the taxable year."
(B) The provisions of this section shall be applicable for the tax year beginning January 1, 1981, and each year thereafter.
In order to facilitate the recruitment of a new President, the South Carolina School for the Deaf and the Blind is authorized to increase the salary of the President up to $40,000 for Fiscal Year 1980-81, with the approval of the Budget and Control Board.
Section 40-56-10 of the Code of Laws of 1976 is hereby amended by striking the last sentence of the Section which reads as follows:
"The Office of the State Fire Marshal shall provide such clerical assistance, office space and other facilities as may be required by the Board to perform its prescribed functions."
and substituting the following:
"The General Services Division of the Budget and Control Board shall supervise the enforcement of the laws and regulations of the State Board of Pyrotechnic Safety and shall employ and supervise personnel necessary to carry out the duties of this Board."
Section 40-56-20 of the Code of Laws of 1976 is hereby amended by striking the second sentence of the Section which reads as follows:
"The State Fire Marshal shall assist the Board in the preparation of necessary regulations and be responsible for the enforcement thereof."
To Amend Act 184 of 1977, Relating to Child Day Care Facilities, so as to Provide for Provisional Statements of Registration, Provisional Licenses, or Provisional Approval for Facilities covered under Article V of the Act.
Subsection a of Section 5 of Article VI of Act 184 of 1977 is amended to read:
"a. The department shall have power to issue a provisional registration, provisional license, or provisional approval only when the department is satisfied that (1) the regulations can and will be met within a reasonable time, and (2) the deviations do not seriously threaten the health or safety of the children. Such provisional registration, provisional license, or provisional approval, may be extended for such period as may be determined by the department but in no case beyond July 1, 1981."
To Amend Section 41-27-370, Code of Laws of South Carolina, 1976, Relating to the Definition of Unemployed as used in the "South Carolina Employment Security Law", so as to deem an Individual Unemployed in any week in which he Receives no Governmental or other Pension, Retirement Pays Annuity or other Similar Periodic payment under certain conditions.
Section 41-27-370 of the 1976 Code is amended by adding after the first paragraph:
"An individual shall be deemed 'unemployed' in any week during which no governmental or other pension, retirement pay, annuity or other similar periodic payment which is attributable to his employment is payable to him or, if such payment is payable to him with respect to such weeks, the amount thereof is less than his weekly benefit amount. Each eligible individual, who is unemployed in any week and who is receiving a governmental or other pension, retirement pay, annuity or other similar periodic payment which is attributable to his employment shall be paid with respect to such week a I benefit in an amount equal to his weekly benefit amount less the pension, retirement pay, annuity or other similar periodic payment payable to him with respect to such week. Such benefit if not a multiple of one dollar shall be computed to the nearest one dollar. The amount of benefits payable to an individual for any week which begins after the effective date of the applicable provision in the Federal Unemployment Tax Act and which begins in a period with respect to which such individual is receiving a governmental or other pension, retirement or retired pay, annuity or other similar periodic payment which is based on the previous work of such individual shall be reduced (but not below zero) by an amount equal to the amount of such pension, retirement or retired pay, annuity or other payment which is reasonably attributable to such week; provided, that if the provisions of the Federal Unemployment Tax Act permit, the requirements of this paragraph shall only apply in the case of a pension, retirement or retired pay, annuity, or other similar periodic payment under a plan maintained (or contributed to) by a base period employer."
Students Participating in Child Development Programs to Receive Transportation on State-Owned Busses.
All three, four or five-year old children attending public school-sponsored programs of child development shall be permitted to ride state-owned busses so long as routes do not have to be altered, additional equipment is not required and no additional costs are incurred by the State.
To Amend Section 13-3-90, Code of Laws of South Carolina, 1976, Relating to the Powers and Duties of the State Development Board.
Item (11) of Section 13-3-90 of the 1976 Code is amended to read:
"(11) To accept gifts, grants, funds and property for the purpose of accomplishing its objectives and to administer and disburse gifts, grants, and funds and dispose of property to counties, municipalities and local agencies performing a public service or function which may in turn disburse such gifts, grants and funds or make such property available to eligible participants in a program established to perform and implement such public service or function, subject to the approval of the Budget and Control Board."
To Provide for the Transfer of Annual and Sick Leave Within Legislative Department Agencies.
Notwithstanding any other provision of law, any legislative employee who transfers from one agency of the General Assembly to another shall be permitted to transfer all accumulated annual and sick leave regardless of the employment status to which transferred.
The provisions of this section shall be elective commencing January 1, 1980.
To Provide that the State or Any County, Municipality, Local Zoning Authority, or Other Political Subdivision Shall Not Remove, or Cause to be Removed, Any Sign Located in View of an Interstate or Federal-Aid Primary Highway and Lawfully Erected Under the Laws of the State of South Carolina Without Paying Just Compensation.
Notwithstanding any other provision of law, in no case shall the State or any county, municipality, local zoning authority, or other political subdivision remove or cause to be removed, any sign located in view of an interstate or federal-aid primary highway and lawfully erected under the laws of the State of South Carolina without paying just compensation.
To Amend Section 42-9-300, Code of Laws of South Carolina, 1976, Relating to Lump Sum Settlements in Workmen's Compensation Claims, so as to Define the Right of Claimants and Dependents to Such Settlements.
Section 42-9-300 of the 1976 Code is amended to read:
"Section 42-9-300. Whenever any weekly payment has been continued for not less than six weeks, the liability therefor may, when the employee so requests and the Commission deems it not to be contrary to the best interest of the employee or his dependents, or When it will prevent undue hardship on the employer or his insurance carrier, without prejudicing the interest of the employee or his dependents, be redeemed, in whole or in part, by the Payment by the employer of a lump sum which shall be fixed by the Commission, but in no case to be less than ninety percent of, nor to exceed, the commutable value of the future installments commuted so as not to exceed six percent nor to be less than two percent. The Commission. however, in its discretion, may at any time in the case of a minor who has received permanently disabling injuries, either partial or total, provide that he be compensated, in whole or in part, by the payment of a lump sum, the amount of which shall by the Commission but in no case to be less than ninety percent of, nor to exceed, the Commutable value of the future installments which may be the under this title. Upon a finding by the Commission that a lump sum payment should be made, the burden of proof as to the abuse of discretion in such finding shall be upon the employer or carrier in any appeal proceedings."
To Suspend the Requirement of a One-Week Waiting Period Under Item (4) of Section 41-35-110, Code of Laws of South Carolina, 1976, for Eligibility of Unemployment Benefits from June 1, 1980 Through September 1, 1980.
(A) Notwithstanding the provisions of Item (4) of Section 41-35-110 of the 1976 Code, there shall be no waiting period to be eligible to receive benefits under the provisions of Section 41-35-110 as a result of a general layoff as defined by the employer during the period from June 1, 1980, through September 1, 1980.
(B) All references in Title 41 of the 1976 Code to the "waiting period of one week" contained in Item (4) of Section 41-35-110 of the 1976 Code, or words to that effect, are hereby suspended for the period referred to in subsection (A) above and during such period the references shall be construed to mean that no waiting period is required.
To Amend Sections 12-21-1010 and 12-21-1040 of the 1976 Code and to Add Section 61-9-616 to the 1978 Code, All Relating to Wines, so as to Define Domestic Wine, Permit the Sale, Delivery or Shipment of Domestic Wine With Certain Alcoholic Content and Provide for Taste Samples Without Charge.
A. Section 12-21-1010 of the 1976 Code is amended by striking item (5) and inserting:
"(5) The phrase 'domestic wine' shall mean wine manufactured wholly within the State primarily from fruits and berries produced within the State;
(6) The word 'producer' shall mean a brewery or winery or a manufacturer or bottler or an importer into the United States of beer or wine, or both."
B. Section 12-21-1040 of the 1976 Code is amended to read:
"Section 12-21-1040. Notwithstanding any other provision of law, the tax on domestic wines shall be forty-five cents per gallon if the alcoholic strength of the vine is more than fourteen percent but not more than twenty-one percent and five cents per gallon on such wines if the alcoholic strength is fourteen percent or less. On domestic wine with an alcoholic strength of more than fourteen percent offered for sale in quantities of less than one gallon there shall be levied and collected a tax of three and six-tenths cents for each eight ounces or fractional quantity thereof, and wine offered for sale in metric sizes a tax at the rate of fifteen and twenty-one one hundredths cents per liter. On wines offered for sale in quantities of less than one gallon with an alcoholic strength of fourteen percent or less the tax shall be four-tenths of a cent for each eight ounces or fraction in quantity thereof and wine offered for sale in metric sizes a tax of one and sixty-nine one hundredths cents per liter. The tax provided for in this section shall be paid in the same manner as tax on beer and wine as provided in Article 7. Chapter 21 of Title 12."
C. The 1976 Code is amended by adding:
"Section 61-9-615. Notwithstanding any other provision of law, any licensed winery in this State which produces and sells only domestic wine as defined in Section 12-21-1010 is authorized to sell such domestic wine with an alcoholic content of fourteen percent or less on the winery premises and deliver or ship such wine to consumer homes within or without the State. Such domestic wineries are further authorized to provide without cost wine taste samples to prospective customers."
D. This Section shall take effect July 1, 1981.
This act shall take effect upon approval by the Governor.