South Carolina General Assembly
109th Session, 1991-1992
Bill 3044
postage, long distance telephone calls, fees, printing costs, and
other costs relating to the promotion of governmental
restructuring. All costs and expenses must be reported
irrespective of the source of funding. The salary of a current
state employee or a former state employee need not be reported
unless that employee received a separate contract or a salary
supplement in addition to his or her normal or regular salary for
performing services for the Commission, the Office of Governor or
the Lieutenant Governor relating to the promotion of governmental
restructuring. The report must be submitted to the members of the
General Assembly within thirty days of the approval of this
act.
*See note at end of act.
130.1. Unless specifically authorized herein, the
appropriations provided in Part I of this Act as ordinary expenses
of the State Government shall lapse on July 31, 1993. State
agencies are required to submit all current fiscal year input
documents to the Comptroller General's Office by July 20, 1993.
Appropriations for Permanent Improvements, now outstanding or
hereafter provided, shall lapse at the end of the second fiscal
year in which such appropriations were provided, unless definite
commitments shall have been made, with the approval of the State
Budget and Control Board and Joint Bond Review Committee, toward
the accomplishment of the purposes for which the appropriations
were provided. Appropriations for other specific purposes aside
from ordinary operating expenses, now outstanding or here after
provided, shall lapse at the end of the second fiscal year in
which such appropriations were provided, unless definite
commitments shall have been made, with the approval of the State
Budget and Control Board, toward the accomplishment of the
purposes for which the appropriations were provided.
End of Part I
PART II
PERMANENT PROVISIONS
SECTION 1
The Code Commissioner is directed to include all permanent general
laws in this Part in the next edition of the Code of Laws of South
Carolina, 1976, and all supplements to the Code.
SECTION 2
Deleted
SECTION 3
Deleted
SECTION 4
Deleted
SECTION 5
Deleted
SECTION 6
Deleted
SECTION 7
Deleted
SECTION 8
TO AMEND SECTIONS 12-33-210 AND 12-33-220 OF THE 1976 CODE,
RELATING TO TAXES ON LICENSES GRANTED UNDER THE ALCOHOLIC BEVERAGE
CONTROL ACT, SO AS TO PROVIDE FOR BIENNIAL LICENSES AND REVISE THE
LICENSE TAXES; TO AMEND SECTION 61-3-610, RELATING TO ALCOHOLIC
BEVERAGE CONTROL COMMISSION LICENSES TO PURCHASE ALCOHOLIC
BEVERAGES FOR COOKING, SO AS TO REVISE THE LICENSE FEE AND CHANGE
THE REFERENCES TO ANNUAL TO BIENNIAL; TO AMEND SECTIONS 61-3-710
AND 61-5-70, RELATING TO EXPIRATION OF LICENSES ISSUED BY THE
COMMISSION, SO AS TO REVISE THE EXPIRATION DATES AND THE LICENSING
PERIOD AND CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL; TO AMEND
SECTION 61-5-80, RELATING TO LICENSE FEES, SO AS TO REVISE THE
FEES AND THE LICENSING PERIOD; TO AMEND SECTION 61-7-80, RELATING
TO REGISTRATION OF PRODUCERS, SECTION 61-7-90, RELATING TO
REGISTRATION OF BRANDS OF ALCOHOLIC LIQUORS, SECTION 61-7-110,
RELATING TO THE REGISTRATION OF PRODUCER REPRESENTATIVES, SECTION
61-7-130, RELATING TO LICENSING OF PRODUCERS' WAREHOUSES, AND
SECTION 61-9-220, RELATING TO PRODUCERS' CERTIFICATES OF
REGISTRATION, SO AS TO REVISE THE FEES AND THE LICENSING PERIOD;
TO AMEND SECTION 61-9-310, RELATING TO EXPIRATION OF PERMITS
ISSUED BY THE COMMISSION, SO AS TO REVISE THE PERMIT FEES,
EXPIRATION DATES, AND PERMITTING PERIOD; AND TO AMEND SECTION
61-9-1220, RELATING TO PERMITS FOR BREWERIES AND WINERIES, SO AS
TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL AND LICENSE TO
PERMIT AND REVISE THE FEES AND THE PERMITTING PERIOD.
A. Section 12-33-210 of the 1976 Code is amended to read:
"Section 12-33-210. The biennial license taxes on licenses
granted under Chapter 3, Chapter 7, and Article 3 of Chapter 13,
all of Title 61, in addition to all other license taxes, are as
follows:
(1) manufacturer's license: fifty thousand dollars;
(2) wholesaler's license: twenty thousand dollars; and
(3) retail dealer's license one thousand and two hundred
dollars.
Each applicant shall pay a filing fee of one hundred dollars
which must accompany the initial application for each location and
is not refundable."
B. Section 12-33-220 of the 1976 Code is amended to read:
"Section 12-33-220. A person granted a license on or after
January first and before June thirtieth of any year shall pay
seven-eighths of the license fees prescribed in Section
12-33-210."
C. Section 61-3-610 of the 1976 Code is amended to read:
"Section 61-3-610. An establishment which offers meals to the
public may secure a license from the Alcoholic Beverage Control
Commission to purchase and possess liqueurs, wines, and similar
alcoholic beverages used solely in the cooking and preparing of
foods served by the establishment. Application for the license
must be in a form and under conditions prescribed by the
commission. The license fee is fifty dollars. A person violating
this section is guilty of a misdemeanor and, upon conviction, must
be fined five hundred dollars, and other licenses he holds from
the commission must be revoked. The license provided in this
section does not alter or limit the privileges or responsibilities
for holders of licenses issued to authorize the possession, sale,
and consumption of alcoholic beverages in containers of two ounces
or less issued pursuant to Act 398 of 1967. Establishments so
licensed may use alcoholic beverages in the preparation of food
without obtaining the license provided in this section if only
containers of two ounces or less are used in the food
preparation."
D. Section 61-3-710 of the 1976 Code is amended to read:
"Section 61-3-710. (A) Licenses issued under this chapter expire
biennially according to the county where the licensed location is
situated. The expiration dates are the last day of:
(1) February in years which end in an:
(a) odd number for Allendale, Bamberg, Barnwell, Beaufort,
and Berkeley counties;
(b) even number for Charleston, Clarendon, Colleton,
Dorchester, Georgetown, Hampton, Jasper, and Williamsburg
counties;
(2) May in years which end in an:
(a) odd number for Cherokee, Chester, Chesterfield,
Darlington, Dillon, Fairfield, Florence, and Horry counties;
(b) even number for Lancaster, Marion, Marlboro, Union, and
York counties;
(3) August in years which end in an:
(a) odd number for Calhoun, Kershaw, Lee, Orangeburg, and
Sumter counties;
(b) even number for Richland County;
(4) November in years which end in an:
(a) odd number for Abbeville, Aiken, Anderson, Edgefield,
Greenville, and Greenwood counties;
(b) even number for Laurens, Lexington, McCormick, Newberry,
Oconee, Pickens, Saluda, and Spartanburg counties.
(B)(1) Licensees in Abbeville, Aiken, Anderson, Calhoun,
Edgefield, Greenville, Greenwood, Kershaw, Lee, Orangeburg, and
Sumter counties shall obtain a one-year license in 1992.
Beginning in 1993 these licensees shall obtain a biennial license.
(2) Licensees in Charleston, Clarendon, Colleton, Dorchester,
Georgetown, Hampton, Jasper, Lancaster, Marion, Marlboro, Union,
Williamsburg, and York counties whose license expires in 1993
shall obtain a one-year license. Beginning in 1994 these
licensees shall obtain a biennial license.
(3) Licensees located in counties not provided in item (1) or
(2) whose license expires in 1992 or 1993 shall obtain a biennial
license upon their first license renewal or registration after
June 30, 1992.
(C) The commission shall prorate license fees for license
years 1992-94 according to the time the licenses are valid."
E. Section 61-5-70 of the 1976 Code is amended to read:
"Section 61-5-70. (A) Licenses issued under this article expire
biennially according to the county where the licensed location is
situated. The expiration dates are the last day of:
(1) February in years which end in an:
(a) odd number for Allendale, Bamberg, Barnwell, Beaufort,
and Berkeley counties;
(b) even number for Charleston, Clarendon, Colleton,
Dorchester, Georgetown, Hampton, Jasper, and Williamsburg
counties;
(2) May in years which end in an:
(a) odd number for Cherokee, Chester, Chesterfield,
Darlington, Dillon, Fairfield, Florence, and Horry counties;
(b) even number for Lancaster, Marion, Marlboro, Union, and
York counties;
(3) August in years which end in an:
(a) odd number for Calhoun, Kershaw, Lee, Orangeburg, and
Sumter counties;
(b) even number for Richland County;
(4) November in years which end in an:
(a) odd number for Abbeville, Aiken, Anderson, Edgefield,
Greenville, and Greenwood counties;
(b) even number for Laurens, Lexington, McCormick, Newberry,
Oconee, Pickens, Saluda, and Spartanburg counties.
(B)(1) Licensees in Abbeville, Aiken, Anderson, Calhoun,
Edgefield, Greenville, Greenwood, Kershaw, Lee, Orangeburg, and
Sumter counties shall obtain a one-year license in 1992.
Beginning in 1993 these licensees shall obtain a biennial license.
(2) Licensees in Charleston, Clarendon, Colleton, Dorchester,
Georgetown, Hampton, Jasper, Lancaster, Marion, Marlboro, Union,
Williamsburg, and York counties whose license expires in 1993
shall obtain a one-year license. Beginning in 1994 these
licensees shall obtain a biennial license.
(3) Licensees in counties not provided in item (1) or (2)
whose license expires in 1992 or 1993 shall obtain a biennial
license upon their first license renewal or registration after
June 30, 1992.
(C) The commission shall prorate license fees for license
years 1992-94 according to the time the license is valid."
F. Section 61-5-80 of the 1976 Code is amended to read:
"Section 61-5-80. (A)Applications for licenses must be
accompanied by appropriate fees payable to the commission and must
be deposited with the State Treasurer, or are refundable if a
license is refused. The schedule of fees for the license is:
(1) one thousand, five hundred dollars biennially for a
nonprofit organization, as defined in Section 61-5-20(3);
(2) one thousand, five hundred dollars biennially for a
business establishment, as defined in Section 61-5-20(4).
(B) A person who initially applies for a license after the
first day of a license period shall pay license fees in accordance
with the schedule provided in this subsection. During the:
(1) first quarter of the license period: the entire fee;
(2) second quarter of the license period: three-fourths of
the prescribed fee;
(3) third quarter of the license period: one-half of the
prescribed fee;
(4) final quarter of the license year: one-fourth of the
prescribed fee.
(C) Each applicant shall pay a filing fee of one hundred
dollars which must accompany the initial application for each
location and is not refundable."
G. Section 61-7-80 of the 1976 Code is amended to read:
"Section 61-7-80. (A) Every producer shall apply to the
commission on forms the commission prescribes for a certificate of
registration, which certificate must be approved and issued before
the shipment of alcoholic liquors by the producer to a point
within the geographic limits of South Carolina.
(B) Every producer, at the same time application is made for a
certificate of registration, shall remit to the commission a fee
of two hundred dollars. Where a certificate is applied for on or
after March first, the fee is one hundred fifty dollars.
(C) Every certificate of registration is valid from the date
of issue until the second August thirty-first after the issuance
of the license."
H. Section 61-7-90 of the 1976 Code is amended to read:
"Section 61-7-90. (A) Every registered producer, before the
shipment of alcoholic liquors to a point within the geographic
limits of South Carolina, shall obtain from the commission a
certificate of registration for each brand of alcoholic liquors
intended to be shipped to a point within the geographic limits of
this State. The commission shall provide appropriate forms for
application for certificate of registration of brands of alcoholic
liquors.
(B) When an application for a certificate of registration of
brands of alcoholic liquors is submitted a fee of twenty dollars
must be paid to the commission for each brand except the first
five brands of a registered producer.
(C) A certificate of registration of brands of alcoholic
liquors is valid from the date of issue to the second August
thirty-first after the issuance of the license."
I. Section 61-7-110 of the 1976 Code is amended to read:
"Section 61-7-110. No person is qualified as a producer
representative unless and until he has made application to the
Alcoholic Beverage Control Commission for a certificate of
registration and the certificate has been approved and issued.
The commission shall provide appropriate forms for application for
a certificate of registration as a producer representative.
Upon submission of an application for a certificate of
registration as a producer representative, a fee of fifty dollars
must be paid to the commission and is valid for a biennial
period."
J. Section 61-7-130 of the 1976 Code is amended to read:
"Section 61-7-130. (A) A registered producer may store
alcoholic liquors only in a warehouse of the registered producer
licensed by the commission. The commission shall require
sufficient bond with respect to a licensed warehouse to insure
proper handling of liquors stored in the warehouse. Application
for license to operate a warehouse must be filed on forms
prescribed by the commission.
(B) When an application for a warehouse license is submitted,
a fee of four hundred dollars must be paid to the commission.
Where application is made for a warehouse license on or after
March first, the fee is one hundred fifty dollars. A warehouse
license is valid from the date of issue until the second August
thirty-first after the issuance of the license."
K. Section 61-9-220 of the 1976 Code is amended to read:
"Section 61-9-220. Every producer shall apply to the
commission on the forms the commission may prescribe for a
certificate of registration, which certificate must be approved
and issued before the shipment of beer or wine by the producer to
a point within the geographic limits of South Carolina. Every
producer, at the same time application is made for a certificate
of registration, shall remit to the commission a fee of two
hundred dollars. Every certificate of registration is valid from
the date of issue until the second August thirty-first after the
issuance of the license. Beer and wine wholesalers shall purchase
only beer, ale, or wine from manufacturers or importers who hold a
certificate of registration issued by the commission. Nothing in
this section or Section 61-9-315 prevents the transfer or purchase
and sale, for resale to retailers only, between wholesalers
authorized by the registered producer or an exclusive agent in
South Carolina to distribute the same brand or brands of wine,
beer, or ale."
L. Section 61-9-310 of the 1976 Code is amended to read:
"Section 61-9-310. (A) Every person engaging in the business of
selling beer, ale, porter, wine, or a beverage which has been
declared to be nonalcoholic and nonintoxicating under Section
61-9-10 shall apply to the commission for a permit to sell these
beverages. Each applicant shall pay a filing fee of two hundred
dollars which is not refundable. Retail dealers shall pay to the
commission four hundred dollars biennially for retail permits, and
wholesale dealers shall pay to the commission two thousand dollars
biennially for wholesale permits. Separate permits are required
for each separate place of business.
(B) All permits issued under this chapter expire biennially
according to the county where the place of business is situated.
The expiration dates are:
(1) the last day of February in years which end in an:
(a) odd number for Allendale, Bamberg, Barnwell, Beaufort,
and Berkeley counties;
(b) even number for Charleston, Clarendon, Colleton,
Dorchester, Georgetown, Hampton, Jasper, and Williamsburg
counties;
(2) the last day of May in years which end in an:
(a) odd number for Cherokee, Chester, Chesterfield,
Darlington, Dillon, Fairfield, Florence, and Horry counties;
(b) even number for Lancaster, Marion, Marlboro, Union, and
York counties;
(3) the last day of August in years which end in an:
(a) odd number for Calhoun, Kershaw, Lee, Orangeburg, and
Sumter counties;
(b) even number for Richland County;
(4) the last day of November in years which end in an:
(a) odd number for Abbeville, Aiken, Anderson, Edgefield,
Greenville, and Greenwood counties;
(b) even number for Laurens, Lexington, McCormick, Newberry,
Oconee, Pickens, Saluda, and Spartanburg counties.
(C)(1) Permittees in Abbeville, Aiken, Anderson, Calhoun,
Edgefield, Greenville, Greenwood, Kershaw, Lee, Orangeburg, and
Sumter shall obtain a one-year permit in 1992. Beginning in 1993
these permittees shall obtain a biennial permit.
(2) Permittees in Charleston, Clarendon, Colleton,
Dorchester, Georgetown, Hampton, Jasper, Lancaster, Marion,
Marlboro, Union, Williamsburg, and York counties whose permit
expires in 1993 shall obtain a one-year permit. Beginning in
1994, these permittees shall obtain a biennial permit.
(3) Permittees in counties not provided in item (1) or (2)
whose permit expires in 1992 or 1993 shall obtain a biennial
permit upon their first permit renewal or registration after June
30, 1992.
(D) The commission shall prorate permit fees for permit years
1992-94 according to the length of time the permit is valid."
M. Section 61-9-1220 of the 1976 Code is amended to read:
"Section 61-9-1220. A person desiring to construct, maintain, or
operate a brewery or winery under this article first shall apply
to the Alcoholic Beverage Control Commission for a permit. The
application must be in writing in a form the commission may
prescribe. The applicant is subject to the payment of a biennial
permit tax upon each brewery and on each commercial winery to be
established and operated of two hundred dollars which must be paid
to and collected by the Tax Commission before a permit is issued.
However, the owner and operator of a winery who consumes in the
operation only the fruits produced on his own farm or premises is
subject to the payment of a permit fee of only ten dollars
biennially. The permit expires December biennially. The fees
charged for permits for the operation of breweries and wineries
must be prorated by reducing the permit cost by one-eighth January
1st, April 1st, July 1st, and October 1st each year. A brewer or
commercial wine manufacturer commencing business during one of
these intervals shall pay for the eighth of the permit period in
which business is commenced and for the eighth of the permit
period during the remainder of the period, but no refund may be
made to a dealer who ceases business after securing a permit."
N. This section takes effect July 1, 1992.
SECTION 9
TO AMEND THE 1976 CODE BY ADDING SECTION 33-55-45 SO AS TO PROVIDE
FOR THE BIENNIAL LICENSING AND REGISTRATION OF CHARITABLE
ORGANIZATIONS BY THE SECRETARY OF STATE; TO AMEND THE 1976 CODE BY
ADDING SECTION 35-1-485 SO AS TO PROVIDE FOR THE BIENNIAL
LICENSING AND REGISTRATION OF BROKER-DEALERS, AGENTS, AND
INVESTMENT ADVISERS BY THE SECRETARY OF STATE; TO AMEND THE 1976
CODE BY ADDING SECTION 39-57-55 SO AS TO PROVIDE FOR THE BIENNIAL
LICENSING AND REGISTRATION OF BUSINESS OPPORTUNITY SELLERS; TO
AMEND THE 1976 CODE BY ADDING SECTION 41-25-35 SO AS TO PROVIDE
FOR THE BIENNIAL LICENSING AND REGISTRATION OF PRIVATE PERSONNEL
PLACEMENT SERVICE BUSINESSES; TO AMEND SECTION 33-55-40, RELATING
TO THE REGISTRATION OF CHARITABLE ORGANIZATIONS, SO AS TO REVISE
THE REGISTRATION PERIOD AND FEE AND CHANGE THE REFERENCES TO
ANNUAL TO BIENNIAL; TO AMEND SECTION 35-1-430 AND SECTION
35-1-480, AS AMENDED, RELATING TO THE REGISTRATION OF
BROKER-DEALERS, AGENTS, AND INVESTMENT ADVISERS, SO AS TO REVISE
THE REGISTRATION PERIOD AND FEE; TO AMEND SECTION 39-57-50, AS
AMENDED, RELATING TO THE REGISTRATION OF BUSINESS
OPPORTUNITY SELLERS, SO AS TO CHANGE THE REFERENCE TO ANNUAL TO
BIENNIAL AND REVISE THE REGISTRATION FEE; AND TO AMEND SECTION
41-25-30, AS AMENDED, RELATING TO THE LICENSING OF PRIVATE
PERSONNEL PLACEMENT SERVICE BUSINESSES, SO AS TO REVISE THE
LICENSE FEE AND LICENSING PERIOD AND CHANGE THE REFERENCE TO
ANNUAL TO BIENNIAL.
A. The 1976 Code is amended by adding:
"Section 33-55-45. (A) Licenses required by Chapter 55 of Title
33 to be registered biennially must be assigned registration
periods as provided in this section.
(1) Upon the first reregistration of the licenses by the
South Carolina Secretary of State's Office after the effective
date of the implementation of biennial licensure, a biennial
registration period must be implemented as follows:
(a) Licensees whose license numbers end in:
(i) an even number and expire between July 1, 1992, and
December 31, 1992, shall obtain a biennial registration;
(ii) an even number and expire between January 1, 1993, and
June 30, 1993, shall reregister their licenses for one year. At
the end of that time they shall reregister their license for two
years and biennially after that time;
(iii) an odd number and expire between July 1, 1992, and
December 31, 1992, shall register their licenses for one year. At
the end of that time they shall register their license for two
years and biennially after that time;
(iv) an odd number and expire between January 1, 1993, and
June 30, 1993, shall obtain a biennial registration;
(v) `A' through `L' and expire between July 1, 1992, and
June 30, 1993, shall obtain a biennial registration;
(vi) `M' through `Z' and expire between July 1, 1992, and
June 30, 1993, shall obtain a one-year registration and obtain a
biennial registration after that time.
(b) Licenses issued in South Carolina for the first time
between:
(i) July 1, 1992, and December 31, 1992, which end in an
even number must be issued biennially;
(ii) July 1, 1992, and December 31, 1992, which end in an
odd number must be issued for one year. At the end of that time
the license must be renewed for two years and biennially after
that time;
(iii) January 1, 1993, and June 30, 1993, which end in an
even number must be issued for one year. At the end of that time
the license must be renewed for two years and biennially after
that time;
(iv) January 1, 1993, and June 30, 1993, which end in an
odd number must be issued biennially;
(v) July 1, 1992, and June 30, 1993, and are issued
license numbers which end in `A' through `L' shall obtain a
biennial registration;
(vi) July 1, 1992, and June 30, 1993, and which end in `M'
through `Z' must be issued for one year and renewed biennially
after that time.
(2) Registrations are valid until the last day of the month
in which the registration expires. The license fees charged
during the conversion process must be prorated for the length of
the license issued.
(B) After June 30, 1993, licensees must be registered and
licensed for twenty-four consecutive months, and the registrations
expire on the last day of the twenty-fourth month. The
registration and licensing of every license must be renewed
biennially upon application by the holder and by payment of fees
required by law to take effect on the first day of the month
following the expiration of the registration and licensing to be
renewed. This section does not prevent the Secretary of State's
Office from refusing to issue a license.
Section 35-1-485. (A) Licenses required by Chapter 1 of Title
35 to be registered biennially must be assigned registration
periods as provided in this section.
(1) Upon the first reregistration of the licenses by the
South Carolina Secretary of State's Office after the effective
date of the implementation of biennial licensure, a biennial
registration period must be implemented as follows:
(a) Licensees whose license numbers end in:
(i) an even number and expire between July 1, 1992, and
December 31, 1992, shall obtain a biennial registration;
(ii) an even number and expire between January 1, 1993, and
June 30, 1993, shall reregister their license for one year. At
the end of this time they shall reregister their license for two
years and biennially after that time;
(iii) an odd number and expire between July 1, 1992, and
December 31, 1992, shall register their licenses for one year. At
the end of that time they shall register their license for two
years and biennially after that time;
(iv) an odd number and expire between January 1, 1993, and
June 30, 1993, shall obtain a biennial registration;
(v) `A' through `L' and expire between July 1, 1992, and
June 30, 1993, shall obtain a biennial registration;
(vi) `M' through `Z' and expire between July 1, 1992, and
June 30, 1993, shall obtain a one-year registration and a biennial
registration after that time.
(b) Licenses issued in South Carolina for the first time
between:
(i) July 1, 1992, and December 31, 1992, which end in an
even number must be issued biennially;
(ii) July 1, 1992, and December 31, 1992, which end in an
odd number must be issued for one year. At the end of this time
the license must be renewed for two years and biennially after
that time;
(iii) January 1, 1993, and June 30, 1993, which end in an
even number must be issued for one year. At the end of that time
the license must be renewed for two years and biennially after
that time;
(iv) January 1, 1993, and June 30, 1993, which end in an
odd number must be issued biennially;
(v) July 1, 1992, and June 30, 1993, and are issued
license numbers which end in `A' through `L' shall obtain a
biennial registration;
(vi) July 1, 1992, and June 30, 1993, and which end in `M'
through `Z' must be issued for one year and renewed biennially
after that time.
(2) Registrations are valid until the last day of the month
in which the registration expires. The license fees charged
during the conversion process must be prorated for the length of
the license issued.
(B) After June 30, 1993, all licensees must be registered and
licensed for twenty-four consecutive months, and registrations
expire on the last day of the twenty-fourth month. The
registration and licensing of every licensee must be renewed
biennially upon application by the holder and by payment of fees
required by law to take effect on the first day of the month
following the expiration of the registration and licensing to be
renewed. This section does not prevent the Secretary of State's
Office from refusing to issue a license.
Section 39-57-55. (A) Licenses required by Chapter 57 of Title
39 to be registered biennially must be assigned registration
periods as provided in this section.
(1) Upon the first reregistration of the licenses by the
South Carolina Secretary of State's Office after the effective
date of biennial licensure, a biennial registration period must be
implemented as follows:
(a) Licensees whose license numbers end in:
(i) an even number and expire between July 1, 1992, and
December 31, 1992, shall obtain a biennial registration;
(ii) an even number and expire between January 1, 1993, and
June 30, 1993, shall reregister their licenses for one year. At
the end of that time they shall reregister their license for two
years and biennially after that time;
(iii) an odd number and expire between July 1, 1992, and
December 31, 1992, shall register their licenses for one year. At
the end of that time they shall register their license for two
years and biennially after that time;
(iv) an odd number and expire between January 1, 1993, and
June 30, 1993, shall obtain a biennial registration;
(v) `A' through `L' and expire between July 1, 1992, and
June 30, 1993, shall obtain a biennial registration;
(vi) `M' through `Z' and expire between July 1, 1992, and
June 30, 1993, shall obtain a one-year registration and obtain a
biennial registration after that time.
(b) Licenses issued in South Carolina for the first time
between:
(i) July 1, 1992, and December 31, 1992, which end in an
even number must be issued for a biennial registration period;
(ii) between July 1, 1992, and December 31, 1992, which end
in an odd number must be issued for one year. At the end of that
time the license must be renewed for two years and biennially
after that time;
(iii) January 1, 1993, and June 30, 1993, which end in an
even number must be issued for one year. At the end of that time
the license must be renewed for two years and biennially after
that time;
(iv) January 1, 1993, and June 30, 1993, which end in an
odd number must be issued biennially;
(v) July 1, 1992, and June 30, 1993, and issued license
numbers which end in `A' through `L' must be issued biennially;
(vi) between July 1, 1992, and June 30, 1993, and which end
in `M' through `Z' must be issued for one year and renewed
biennially after that time.
(2) Registrations are valid until the last day of the month
in which the registration expires. The license fees charged
during the conversion process must be prorated for the length of
the license issued.
(B) After June 30, 1993, licensees must be registered and
licensed for twenty-four consecutive months, and the registrations
expire on the last day of the twenty-fourth month. The
registration and licensing of every licensee must be renewed
biennially upon application by the holder and by payment of fees
required by law to take effect on the first day of the month
following the expiration of the registration and licensing to be
renewed. This section does not prevent the Secretary of State's
Office from refusing to issue a license.
Section 41-25-35. (A) Licenses required by this chapter to be
registered biennially must be assigned registration periods as
provided in this section.
(1) Upon the first reregistration of the licenses by the
South Carolina Secretary of State's Office after the effective
date of biennial licensure, a biennial registration period must be
implemented as follows:
(a) Licenses whose license numbers end in:
(i) an even number and expire between July 1, 1992, and
December 31, 1992, shall obtain a biennial registration;
(ii) an even number and expire between January 1, 1993, and
June 30, 1993, shall reregister their licenses for one year. At
the end of that time they shall reregister their license for two
years and biennially;
(iii) an odd number and expire between July 1, 1992, and
December 31, 1992, shall register their licenses for one year. At
the end of that time they shall register their license for two
years and biennially;
(iv) an odd number and expire between January 1, 1993, and
June 30, 1993, shall obtain a biennial registration;
(v) `A' through `L' and expire between July 1, 1992, and
June 30, 1993, shall obtain a biennial registration;
(vi) `M' through `Z' and expire between July 1, 1992, and
June 30, 1993, shall obtain a one-year registration and obtain a
biennial registration after that time;
(b) Licenses issued in South Carolina for the first time
between:
(i) July 1, 1992, and December 31, 1992, which end in an
even number must be issued biennially;
(ii) July 1, 1992, and December 31, 1992, which end in an
odd number must be issued for one year. At the end of that time
the license must be renewed for two years and biennially after
that time;
(iii) January 1, 1993, and June 30, 1993, which end in an
even number must be issued for one year. At the end of that time
the license must be renewed for two years and biennially after
that time;
(iv) January 1, 1993, and June 30, 1993, which end in an
odd number must be issued biennially;
(v) July 1, 1992, and June 30, 1993, and issued license
numbers which end in `A' through `L' must be issued biennially;
(vi) July 1, 1992, and June 30, 1993, and which end in `M'
through `Z' must be issued for one year and renewed biennially
after that time.
(2) Registrations are valid until the last day of the month
in which the registration expires. The license fees charged
during the conversion process must be prorated for the length of
the license issued.
(B) After June 30, 1993, all licensees must be registered and
licensed for twenty-four consecutive months, and the registrations
expire on the last day of the twenty-fourth month. The
registration and licensing of every licensee must be renewed
biennially upon application by the holder and by payment of fees
required by law to take effect on the first day of the month
following the expiration of the registration and licensing to be
renewed. This section does not prevent the Secretary of State's
Office from refusing to issue a license."
B. Section 33-55-40 of the 1976 Code is amended to read:
"Section 33-55-40. (A) Every charitable organization, except as
otherwise provided in this chapter, which intends to solicit
contributions within this State or have funds solicited on its
behalf, before solicitation, shall file a registration statement
with the Secretary of State upon forms prescribed by the
commission which is effective for two years and which must be
refiled every two years during which the charitable organization
is engaged in solicitation activities. The president, chairman,
or principal officer of the charitable organization shall file the
statements required under this chapter. The statements must be
sworn to and contain the following information:
(1) name of the organization and the purpose for which it
was organized;
(2) principal address of the organization and the address
of offices in this State. If the organization does not maintain
an office, the statements must contain the name and address of the
person having custody of its financial records;
(3) names and addresses of the chapters, branches, or
affiliates in this State;
(4) place where and the date when the organization legally
was established, the form of its organization, and a reference to
the determination of its tax-exempt status under the Internal
Revenue Code;
(5) names and addresses of the officers, directors,
trustees, and the principal salaried executive staff officer;
(6) whether the organization intends to solicit
contributions from the public directly or have solicitation done
on its behalf by others;
(7) whether it is certified as a tax-exempt organization and
authorized by a governmental authority in this State to solicit
contributions and whether it is or has been enjoined by a court of
this State from soliciting contributions;
(8) general purpose for which the solicited contributions
are to be used;
(9) name under which it intends to solicit contributions;
(10) names of the individuals or officers of the
organization who have final responsibility for the custody of the
contributions;
(11) names of the individuals or officers of the
organization responsible for the final distribution of the
contributions.
(B) Each chapter, branch, or affiliate, except an independent
member agency of a federated fund-raising organization, shall
report the information required to its parent organization which
shall furnish the information as to its state affiliates,
chapters, and branches in a consolidated form to the Secretary or
his designee. An independent member agency of a federated
fund-raising organization, as defined in this chapter, shall
comply with this chapter independently unless specifically
exempted from doing so.
(C) The registration forms and other documents prescribed by
the Secretary of State must be signed by the chief executive
officer and by the treasurer of the charitable organization and
must be certified to be true.
(D) Every charitable organization which submits an independent
registration to the department shall pay a biennial registration
fee of one hundred dollars. A parent organization filing on
behalf of one or more chapters, branches, or affiliates, and a
federated fund-raising organization filing on behalf of its member
agencies shall pay a single biennial registration fee for itself
and the chapters, branches, affiliates or member agencies included
in the registration statement."
C. Section 35-1-430 of the 1976 Code is amended to read:
"Section 35-1-430. Every registration expires two years from
its effective date unless renewed. The Securities Commissioner by
regulation or order may prepare an initial schedule for
registration renewals so that subsequent renewals of registrations
effective June 14, 1961, may be staggered by calendar months. For
this purpose the Securities Commissioner by regulation may reduce
the registration fee proportionately."
D. Section 35-1-480 of the 1976 Code, as last amended by Section
19, Part II, Act 612 of 1990, is further amended to read:
"Section 35-1-480. (A) Every applicant for initial or renewal
registration shall pay the following filing fees:
(1) broker-dealer: four hundred dollars;
(2) agent: one hundred dollars;
(3) investment advisor: four hundred dollars;
(4) investment advisor representative: one hundred dollars;
(B) When the application is denied or withdrawn the filing fee
must not be refunded."
E. Section 39-57-50 of the 1976 Code, as last amended by Act 604
of 1988, is further amended to read:
"Section 39-57-50. (A) The seller of every business opportunity
shall file with the Secretary of State a copy of the disclosure
statement required by Section 39-57-30 before placing an
advertisement or making other representations to prospective
purchasers in this State and shall update this filing as a
material change in the required information occurs, but no less
than biennially. If the seller is required by Section 39-57-40 to
provide a bond or establish a trust account, he contemporaneously
shall file with the Secretary of State a copy of the bond or a
copy of the formal notification by the depository that the trust
account is established. The Secretary of State shall charge a
nonrefundable filing fee of one hundred dollars for processing and
maintaining the information filed by the seller.
(B) The Secretary of State shall maintain a record of all
sellers registering under this chapter and shall assign a
registration number to each. The seller must be advised in
writing of the assigned registration number, and advertisements,
pamphlets, or brochures used in the promotion of the business
opportunity by the seller must include the assigned registration
number in the following manner: `S.S. Reg. No. ____.'
(C) A person who fails to file is guilty of a misdemeanor
and, upon conviction, must be fined not more than two hundred
dollars or imprisoned not more than thirty days. Each day a
person fails to file constitutes a separate offense."
F. Section 41-25-30 of the 1976 Code, as last amended by Act 147
of 1989, is further amended to read:
"Section 41-25-30. (A) No person or firm may engage in the
private personnel placement service business in South Carolina
unless the person or firm has a current license for the business
as provided in this chapter.
(B) An application for license must be made to the Secretary
for each location. If the agency is owned by:
(1) an individual, the application must be made by him;
(2) a partnership, the application must be made by all of the
partners;
(3) a corporation, an association, or a society, the
application must be made by the president, vice-president,
secretary, and treasurer and by a person owning twenty percent or
more of the stock.
(C) Each application must be written and in a form prescribed
by the Secretary and must contain:
(1) the name and address of the applicant;
(2) the name under which the agency is to be conducted;
(3) the street and number of the building or place where the
business is to be conducted;
(4) the business or occupations engaged in by the applicant
previously;
(5) whether the applicant has previously held or applied,
whether granted or denied, for a private personnel placement
service license within the United States or its possessions or
territories;
(6) the name and address of the individual who actually will
direct and operate the placement activities;
(7) the name and present address of the last employer of the
individual;
(8) a verification from a newspaper of the greatest
circulation in the county of the applicant's location that a
public notification containing the information required in the
application has been included in the newspaper on at least one
occasion before the filing;
(9) a certification by a licensed member of the South
Carolina Bar that all requirements of the laws of South Carolina
have been met.
(D) The application must be accompanied by an application fee
of two hundred dollars and a license fee of one hundred dollars
and verification of a surety bond of three thousand dollars or
other security equal to twenty-five thousand dollars in a form
approved by the Attorney General and deposited with the Secretary.
The Secretary shall issue a license after thirty days following
receipt of the application unless there is a reason for the
Secretary to believe on the basis of a complaint and investigation
that the applicant is not in compliance with this chapter. The
application for a license must be denied and the license fee
refunded if the Secretary determines that the applicant is not in
compliance. The application fee must not be refunded.
(E) The aggregate liability of the surety for all breaches of
the bond may not exceed the sum of the bond. The surety on the
bond may cancel the bond upon giving thirty days written notice to
the Secretary and the Private Personnel Placement Service and is
relieved of liability for a breach of condition occurring after
the effective date of the cancellation. Failure to maintain a
surety bond in force or have other security filed with the
Secretary of twenty-five thousand dollars constitutes
disqualification for retaining a license. The Secretary shall
allow ten working days after notification to the licensee for
requalification before revoking that license. The business may
not operate until proof of surety bond, or other security of
twenty-five thousand dollars, has been established with the
Secretary.
(F) Licenses are issued for two years beginning January first
through December thirty-first twenty-four months later unless
turned in or revoked by the Secretary. Licenses must be renewed
biennially.
(G) The Secretary shall mail annual license renewal forms to
the last known address of each licensee by November first. If
license renewal forms are not received by a licensee for any
cause, the licensee shall request a license renewal form from the
Secretary's office. Every licensee shall file a biennial license
renewal in a form and manner suitable to the Secretary postmarked
not later than the last day of December. The renewal form must be
accompanied by a renewal fee of one hundred dollars. If license
renewal forms are not received by the Secretary's office the first
week of January, the Secretary shall notify the licensee in
writing that the licensee shall pay a one hundred dollar late
penalty and that the licensee has thirty days from the date of
notice to comply with licensing requirements. If compliance is
not met within the specified time, the Secretary shall deny
license renewal, return the license fee, and notify that business
to cease operation and make public notification of closure of the
service in the newspaper of the greatest circulation in the county
in which it is located.
(H) If a written complaint by a person to the Secretary
reveals that a licensee or firm is not in compliance with Section
41-25-30, the Secretary shall notify the licensee or firm of the
alleged violation in writing and allow thirty days from the date
of notice for response to and compliance with this chapter. If no
response is received within thirty days, the Secretary shall
investigate the alleged violation, and if the licensee or firm is
found to be in violation of this chapter, deny or revoke that
license.
(I) All claims or suits brought against a licensee may be
brought in the name of the person damaged upon the bond deposited
with the Secretary and may be transferred and assigned as other
claims for damages in civil suits. The amount of damages claimed
by the plaintiff, and not the penalty designated in the bond,
determines the jurisdiction of the court in which the action is
brought. If a licensee has departed from the State with intent to
defraud his creditors or to avoid the service of a summons in an
action brought under this section, service must be made upon the
surety. A copy of the summons must be mailed to the last known
post office address of the residence of the licensee as shown by
the records of the Secretary. The service is deemed to be made
when not less than the number of days has intervened between the
date of service and the return of the same as provided by law.
(J) No license may be granted to conduct a private personnel
placement service in a residence or rooms used for living
purposes, where boarders or lodgers are kept, where meals are
served, where persons sleep, or, in connection with a building or
premises, where intoxicating liquors are sold to be consumed on
premises, except cafes and restaurants in office buildings.
(K) No license may be issued if the applicant has had a
previous application which was denied or a license which has been
revoked within the United States or its possessions or
territories. No person may own, wholly or in part, nor manage a
private personnel placement service who previously has been denied
or had revoked his license to operate a private personnel
placement service within the United States or its possessions or
territories. The Secretary, depending upon the seriousness of the
offense causing the denial or revocation of the license, after a
suitable period of three months to one year, may allow the person,
upon full compliance, to reapply for a license.
(L) If a licensee relocates its offices before filing the
annual renewal notice, he shall submit a written notice of the
change of address to the Secretary containing a notarized
statement that the new location conforms to licensing
requirements.
(M) If a licensee ceases to operate or goes out of business,
he shall notify the Secretary in writing of the action and return
the license to the Secretary.
(N) If a business is sold to a new owner, the previous owner
shall notify the Secretary in writing of the action and return the
license to the Secretary and state to whom the business is being
sold. That business may not operate until the new owner has
obtained a new license.
(O) Private Personnel Placement Services licenses are
nontransferable absolutely and unconditionally."
G. This section takes effect July 1, 1992.
SECTION 10
TO AMEND THE 1976 CODE BY ADDING SECTION 12-21-2719 SO AS
TO REQUIRE THE TAX COMMISSION TO CONVERT COIN-OPERATED DEVICE
LICENSES TO A BIENNIAL LICENSING PERIOD; TO AMEND SECTION
12-21-2720, AS AMENDED, RELATING TO THE LICENSE TAX ON
COIN-OPERATED DEVICES OR MACHINES, SO AS TO REVISE THE LICENSING
PERIOD AND TAX, DELETE THE EXEMPTION FOR BATTING MACHINES ON WHICH
AN ADMISSIONS TAX IS IMPOSED, AND PROVIDE AN EXEMPTION FOR CERTAIN
MACHINES IF AN ADMISSIONS TAX IS IMPOSED; TO AMEND SECTION
12-21-2722, RELATING TO TEMPORARY LICENSES FOR COIN-OPERATED
DEVICES, SO AS TO REVISE THE LICENSING PERIOD AND CHANGE THE
REFERENCE TO ANNUAL TO BIENNIAL; TO AMEND SECTION 12-21-2728,
RELATING TO AN OPERATOR'S LICENSE FOR COIN-OPERATED DEVICES, AND
SECTION 12-21-2730, RELATING TO AN OPERATOR'S LICENSE FOR CERTAIN
GAME TABLES, SO AS TO PROVIDE FOR BIENNIAL LICENSING AND REVISE
THE LICENSE TAX; TO AMEND SECTION 12-21-2734, AS AMENDED, RELATING
TO LICENSES TO ENGAGE IN THE BUSINESS OF COIN-OPERATED DEVICES, SO
AS TO REVISE THE LICENSING PERIOD AND DELETE THE PROVISIONS FOR A
SIX-MONTH LICENSE; TO AMEND SECTION 12-31-220, AS AMENDED,
RELATING TO TEMPORARY PERMITS FOR MOTOR CARRIERS, AND SECTION
12-31-250, AS AMENDED, RELATING TO REGISTRATION CARDS, MARKERS,
AND FEES FOR MOTOR CARRIERS, SO AS TO REVISE THE REGISTRATION
PERIOD AND FEES AND CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL;
TO AMEND SECTION 12-31-260, RELATING TO THE TERM OF REGISTRATION
CARDS AND MARKERS, SO AS TO REVISE THE TERM AND PROVIDE FOR
BIENNIAL CARDS AND MARKERS; AND TO REPEAL SECTION 3 C(2), PART II,
ACT 170 OF 1987, RELATING TO COIN-OPERATED LICENSE RENEWALS AND
PURCHASES.
A. The 1976 Code is amended by adding:
"Section 12-21-2719. Effective for licenses which expire May 31,
1993, the Tax Commission shall begin converting all coin-operated
device licenses required by statute to be issued annually by the
commission to a biennial licensing period. The commission shall
convert its annual licensing activity to a biennial system as
provided in this section.
(1) Upon expiration and for which an application for renewal
is received by the commission, the commission shall issue the
first license for a two-year period. Subsequent licenses on the
application must be issued on an alternating basis between two-
year licenses and one-year licenses. Licenses expire May
thirty-first of the year designated on the license. Licenses
issued for a licensing period expiring after May 31, 1994, must be
issued for two years. This section does not prevent the
commission from refusing to issue a license for failure to remit
taxes, fees, penalties, or interest due and payable under Title
12.
(2) The commission shall charge one-half of the biennial
license for one-year licenses issued during the conversion
process.
B. Section 12-21-2720 of the 1976 Code, as last amended by Act
361 of 1992, is further amended to read:
"Section 12-21-2720. (A) Every person who maintains for use or
permits the use of, on a place or premises occupied by him, one or
more of the following machines or devices shall apply for and
procure from the South Carolina Tax Commission a license effective
for two years for the privilege of making use of the machine in
South Carolina and shall pay for the license a tax of fifty
dollars for each machine in item (1), two hundred dollars for each
machine in item (2), and three thousand dollars for each machine
in item (3):
(1) a machine for the playing of music or kiddy rides
operated by a slot or mechanical amusement devices and juke boxes
in which is deposited a coin or thing of value. A machine on
which an admissions tax is imposed is exempt from the C.O.D.
license provisions of this section.
(2) a machine for the playing of amusements or video games,
without free play feature, or machines of the crane type operated
by a slot in which is deposited a coin or thing of value and a
machine for the playing of games or amusements, which has a free
play feature, operated by a slot in which is deposited a coin or
thing of value, and the machine is of the nonpayout pin table type
with levers or `flippers' operated by the player by which the
course of the balls may be altered or changed. A machine required
to be licensed under this item is exempt from the license fee if
an admissions tax is imposed.
(3) a machine of the nonpayout type, in-line pin game, or
video game with free play feature operated by a slot in which is
deposited a coin or thing of value except machines of the
nonpayout pin table type with levers or `flippers' operated by the
player by which the course of the balls may be altered or changed.
(B) Municipalities may increase the amount charged as license
for the operation of the machines over the maximum amounts allowed
before March 28, 1956, by not more than twenty percent. No
municipality may limit the number of machines within the
boundaries of the municipality."
C. Section 12-21-2722 of the 1976 Code is amended to read:
"Section 12-21-2722. In lieu of the license required under
Sections 12-21-2720, 12-21-2728, and 12-21-2730 the commission may
issue a temporary license to persons making application to operate
machines defined in Sections 12-21-2720 and 12-21-2730 at a
recognized county or state fair. The temporary license is the
total amount of license fees required on all machines for which
application is made, based upon one-twenty-fourth of the biennial
license required under Sections 12-21-2720, 12-21-2728, and
12-21-2730. The license is valid for the specific location
designated on the license and the number of machines for which
application was made and expires when the designated fair
officially ends."
D. Section 12-21-2728 of the 1976 Code is amended to read:
"Section 12-21-2728. (A) In addition to all other licenses
required by this chapter, a person who owns or operates devices
described in Sections 12-21-2720 and 12-21-2730 shall obtain an
operator's license biennially as follows:
(1) fifty dollars for devices in Sections 12-21-2720(A)(1)
and 12-21-2730;
(2) two hundred dollars for devices in Section
12-21-2720(A)(2);
(3) two thousand dollars for devices in Section
12-21-2720(A)(3).
(B) Only one license is required regardless of the number or
type of devices owned or operated, and the cost of that license is
the highest fee enumerated in this section for a device owned or
operated.
(C) The licenses provided by this section are subject to
Section 12-21-2734 and are a condition precedent to engaging in or
the continuing operation of machines described in this chapter.
Failure to remit taxes to the State is justification for the
cancellation of the license provided in this section."
E. Section 12-21-2730 of the 1976 Code is amended to read:
"Section 12-21-2730. Every person owning or operating a
billiard or pocket billiard table, footsball table, bowling lane
table, or skeeball table for profit shall apply for and procure
from the commission a license for the privilege of operating the
table and pay for the license a biennial tax of fifty dollars for
each table owned or operated.
The license in this section must be issued and is valid in
accordance with Section 12-21-2734."
F. Section 12-21-2734 of the 1976 Code, as last amended by
Section 3C(1), Part II, Act 170 of 1987, is further amended to
read:
"Section 12-21-2734. (A) Every person subject to payment of
tax under this article, in advance on or before the first day of
June every two years or before doing an act taxable under this
article, shall apply for and obtain from the commission a license
for the privilege of engaging in the business and shall pay the
tax levied for it. All licenses expire May thirty-first the
second year of which the license is valid following the date of
issue.
(B) As an alternative to the license required in subsection
(A), a person may be granted a nonrefundable license beginning
April first and to expire September thirtieth, following the date
of issue, which may not be prorated. The fee for this six-month
license is one-fourth the biennial license fee.
(C) Beginning July 1, 1993, if a license required in
subsection (A) is purchased after June thirtieth, the license fee
must be prorated on a twenty-four month basis with each month
representing one twenty-fourth of the license fee imposed under
Section 12-21-2720(A). Failure to obtain or renew a license as
required by this article makes the person liable for the penalties
imposed in this article."
G. Section 12-31-220 of the 1976 Code, as last amended by Section
22 F, Part II, Act 171 of 1991, is further amended to read:
"Section 12-31-220. (A) A motor carrier having infrequent trips
into and through the State may obtain a temporary permit good for
one motor vehicle for ten consecutive days beginning and ending on
the dates specified on the face of the permit. The fee for the
permit is fifteen dollars, and no reports are required of the
motor carriers. Temporary permits may be issued in lieu of
biennial registration required under this chapter and highway use
taxes incurred during this period. The temporary permit must be
carried in the vehicle for which it was issued at all times when
the vehicle is in this State. The commission may issue a
temporary permit by facsimile message, letter, or telegram.
(B) The commission may engage a person to sell and issue the
temporary permits if he purchases the permits from the commission.
No person may sell and issue the permits unless the permits are
available to the public on a twenty-four hour basis.
(C) The commission shall promulgate the necessary regulations
for the proper administration of this section.
(D) The permit fee provided by this section is distributed as
follows:
(1) four-fifths to the State Highway Fund;
(2) one fifth to the credit of the general fund of the
State."
H. Section 12-31-250 of the 1976 Code, as last amended by Section
22 G, Part II, Act 171 of 1991, is further amended to read:
"Section 12-31-250. (A) A motor carrier operating motor
vehicles in this State shall apply to the South Carolina Tax
Commission biennially for a registration card and identification
marker for each power unit it operates in this State. For issuing
each registration card and identification marker, a fee of eight
dollars must be paid to the commission upon application. For a
registration card and identification marker issued during the
second year of the biennial period, a fee of four dollars must be
paid to the commission. A person violating this section, upon
conviction, must be punished as provided in Section 12-31-630.
(B) No card or marker may be issued by the commission until
the fee provided in this section is paid. Thirty percent of the
fees provided by this section must be credited to the State
Highway Fund. The remaining portion of the fees must be deposited
to the credit of the general fund of the State."
I. Section 12-31-260 of the 1976 Code is amended to read:
"Section 12-31-260. The registration cards and markers provided
for must be issued for the period beginning April first each
biennium and are valid until March thirty-first of the biennium.
Registration cards and markers that expire September 30, 1992, are
extended until March 31, 1993. Beginning October 1, 1992, the
South Carolina Tax Commission shall issue biennial registration
cards and markers that expire March 31, 1995. All identification
markers remain the property of the State."
J. Section 3C(2), Part II, Act 170 of 1987 is repealed.
K. This section takes effect July 1, 1992.
SECTION 11
TO AMEND THE 1976 CODE BY ADDING SECTION 38-3-240 SO AS TO
REQUIRE THE INSURANCE COMMISSION TO CONVERT ITS ANNUAL LICENSES TO
A BIENNIAL LICENSING PERIOD; TO AMEND SECTION 38-7-10, RELATING TO
THE LICENSE FEES FOR INSURERS, SO AS TO REVISE THE FEES AND THE
LICENSING PERIOD AND CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL;
TO AMEND SECTION 38-5-60, RELATING TO THE QUALIFICATIONS TO BECOME
AN APPROVED REINSURER, SO AS TO PROVIDE FOR BIENNIAL INSTEAD OF
ANNUAL FEES; TO AMEND SECTION 38-7-120, RELATING TO PAYMENTS AND
REFUNDS OF INSURANCE FEES AND TAXES, SO AS TO CHANGE THE REFERENCE
TO ANNUAL TO BIENNIAL; TO AMEND SECTION 38-17-160, RELATING TO
CERTIFICATES OF AUTHORITY, AND SECTION 38-37-710, RELATING TO
FRATERNAL BENEFIT ASSOCIATIONS, SO AS TO REVISE THE LICENSING
PERIODS AND FEES; TO AMEND SECTION 38-43-70, RELATING TO
NONRESIDENT INSURANCE AGENTS, OFFICERS, AND EMPLOYEES, SO AS TO
CHANGE THE REFERENCE TO ANNUAL TO BIENNIAL; TO AMEND SECTION
38-43-80, RELATING TO LICENSE FEES FOR INSURANCE AGENTS, SO AS TO
CHANGE THE REFERENCE TO ANNUAL TO BIENNIAL, REVISE THE FEES, AND
DELETE THE AUTHORIZATION FOR SEMIANNUAL LICENSES; TO AMEND SECTION
38-43-110, RELATING TO THE DURATION OF AN AGENT'S LICENSE, SO AS
TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL; TO AMEND SECTION
38-45-20, AS AMENDED, RELATING TO THE REQUIREMENTS FOR LICENSURE
AS AN INSURANCE BROKER, AND SECTION 38-45-30, AS AMENDED, RELATING
TO THE REQUIREMENTS FOR LICENSURE OF A NONRESIDENT AS AN INSURANCE
BROKER, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL AND
REVISE THE LICENSE FEES; TO AMEND SECTION 38-45-50, RELATING TO
THE DURATION OF A BROKER'S LICENSE AND NONPAYMENT OF THE LICENSE
FEE, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL;
TO AMEND SECTION 38-47-30, RELATING TO THE FEE FOR AN INSURANCE
ADJUSTER'S LICENSE, SO AS TO REVISE THE FEE; TO AMEND SECTION
38-47-40, RELATING TO THE DURATION OF AN ADJUSTER'S LICENSE AND
NONPAYMENT OF THE LICENSE FEE, SO AS TO CHANGE THE REFERENCES TO
ANNUAL TO BIENNIAL; TO AMEND SECTION 38-49-20, RELATING TO
LICENSES FOR MOTOR VEHICLE PHYSICAL DAMAGE APPRAISERS, SO AS TO
PROVIDE FOR A BIENNIAL LICENSE AND REVISE THE LICENSE FEE; TO
AMEND SECTION 38-49-30, RELATING TO CANCELLATION OF LICENSES FOR
MOTOR VEHICLE PHYSICAL DAMAGE APPRAISERS, SO AS TO CHANGE THE
REFERENCES TO ANNUAL TO BIENNIAL; AND TO AMEND SECTION 38-70-50,
RELATING TO PRIVATE REVIEW AGENTS, SO AS TO REVISE THE
REGISTRATION FEE AND PERIOD.
A. The 1976 Code is amended by adding:
"Section 38-3-240. (A) Beginning July 1, 1992, the Insurance
Commissioner of South Carolina shall begin converting certain
licenses required by statute or regulation to a biennial license
fee collection period. These license fees must be collected as
follows:
(1) All insurers transacting business in this State including
reciprocals, fraternal benefit associations, mutual insurers doing
a property business only in no more than three counties, mutual
insurers doing a property business only in a single county, and
approved reinsurers shall pay a license fee for two years to the
commissioner by March 1, 1994, and every two years after that time
by March 1st every even-numbered year.
(2) An agency transacting the business of insurance in this
State shall pay a license fee for two years to the commissioner
within thirty days after January 1, 1994, and every two years
after that time within thirty days after January 1st every
even-numbered year.
(3) A broker transacting the business of insurance in this
State shall pay a license fee for two years to the commissioner
within thirty days after May 1, 1994, and every two years after
that time within thirty days after May 1st every even-numbered
year.
(4) An adjuster transacting business in this State shall pay
a license fee for two years to the commissioner within thirty days
after August 1, 1993, and every two years after that time within
thirty days after August 1st every odd-numbered year.
(5) A motor vehicle damage appraiser transacting business in
this State shall pay a license fee for two years to the
commissioner within thirty days after October 1, 1993, and every
two years after that time within thirty days after October 1st
every odd-numbered year.
(6) An agent transacting the business of insurance in this
State shall pay a license fee for two years to the commissioner
within thirty days after September 1, 1992, and every two years
after that time within thirty days after July 1st every
odd-numbered year.
(B) The fees described in this section must be earned fully
when paid and are not refundable, proratable, or transferable.
They must be collected in the amount and manner prescribed by
statute or regulation before July 1, 1992, until the dates
prescribed in subsection (A) when collections must be made
pursuant to that subsection."
B. Section 38-7-10 of the 1976 Code is amended to read:
"Section 38-7-10. (A) Every insurer, except mutual benevolent
aid associations and fraternal benefit associations, before
transacting business in this State shall pay a license fee of
eight hundred dollars to the commissioner and after that initial
payment pay to the commissioner a biennial license fee of eight
hundred dollars by March first every other year.
(B) In addition to the license fees required in subsection
(A), the commissioner shall collect from each insurer licensed by
him to do business in this State a license fee of four hundred
dollars for each kind of insurance for which the insurer is
licensed as listed in Section 38-5-30(a) through (g). Each mutual
insurer doing a property business only in no more than three
counties shall pay a biennial fixed license fee of one hundred
dollars and each mutual insurer doing a property business only in
a single county shall pay a biennial fixed license fee of forty
dollars. The license fees required in this subsection must be paid
to the commissioner before the insurer transacts business in this
State and after that initial payment must be paid biennially to
the commissioner by March first every two years."
C. Section 38-5-60 of the 1976 Code is amended to read:
"Section 38-5-60. For purposes of calculating deductions for
reserves, insurers not licensed in this State may be approved as
reinsurers by the commissioner for an indefinite term only if:
(1) Upon initial application a fee of four hundred dollars is
enclosed, and, every two years after that time, a fee of four
hundred dollars is paid by March first.
(2) There is filed with the commissioner a power of attorney
approved as to form by him and authorizing him to accept service
of process in behalf of the reinsurer.
(3) There is filed with the commissioner the reinsurer's
annual statement and the reinsurer's most recent report of
examination, and after that time each annual statement and report
of examination is filed.
(4) The reinsurer meets the capital and surplus requirements
of South Carolina law with respect to the lines to be reinsured."
D. Section 38-7-120 of the 1976 Code is amended to read:
"Section 38-7-120. (A) As soon as practicable after each tax
return or other document is filed, the commissioner, when fees and
taxes are involved, shall examine the document and compute the
fees and taxes due. If the fees and taxes found due are greater
than the amount paid, the excess must be paid to the commissioner
within fifteen days after notice of the amount due is mailed by
the commissioner. If the amount due is not paid within the
fifteen-day period, a penalty of five percent of the amount due
may be assessed.
(B) If the additional fees and taxes found to be due upon the
examination of the document are not paid within fifteen days of
notice by the commissioner, interest must be added to the amount
of the deficiency at the rate of five percent for each month or
fraction of a month from the date the fees or taxes originally
were due until the date the deficiency is paid. The total maximum
interest to be charged may not exceed twenty-five percent.
(C) Up to one year after the date upon which an original tax
return or other document is required to be filed, an insurer or
other person may file an amended return to correct errors of
overpayment or other errors made by the insurer or person in the
original return or document. No amended return or document may be
filed by an insurer or a person or accepted by the commissioner
after one year. No tax adjustment, deduction, or credit may be
made or taken by the insurer or person, or allowed by the
commissioner, on a return or document filed after one year for
errors claimed to have been made by the insurer or other person in
the original return or document.
(D) If, upon examination of an original or amended return or
document, it appears to the commissioner that the amount of fees
or taxes due is less than the amount paid, the excess must be
ordered refunded by the commissioner. No refunds may be made with
respect to monies distributable to a governmental unit after the
distribution has been made.
(E) This section does not apply to the continuation of
biennial license fees for agencies, brokers, appraisers, or
adjusters."
E. Section 38-17-160 of the 1976 Code is amended to read:
"Section 38-17-160. Each attorney shall pay a license fee of
four hundred dollars every two years for the issuance of the
certificate of authority or its renewal. In addition to the
license fee, each attorney shall pay all of the taxes provided by
law on companies doing a like business in this State and shall
file the bond required of other companies doing a like class of
business."
F. Section 38-37-710 of the 1976 Code is amended to read:
"Section 38-37-710. The authority of a fraternal benefit
association authorized to transact business in this State which
complies with this chapter terminates April first. However, a
license continues in effect until a new license is issued or
specifically refused. For each license or renewal the association
shall pay the commissioner one thousand dollars every two years.
However, if the association has less than two hundred members, it
shall pay the commissioner a fee of one hundred dollars every two
years for its license or renewal. A certified copy or duplicate
of the license is prima facie evidence that the licensee is a
fraternal benefit association within the meaning of this chapter."
G. Section 38-43-70 of the 1976 Code is amended to read:
"Section 38-43-70. (A) A nonresident of the State must not be
licensed as an agent to do business in this State, except the
commissioner may enter into reciprocal agreements with the
insurance commissioners of other states in regard to licensing of
nonresident agents if in his judgment the arrangements or
agreements are in the best interest of the State and if the
applicant for the license meets the minimum statutory requirements
of this State for the issuance of the license. However, the
commissioner may not enter into or continue a reciprocal agreement
unless the other state is just as liberal as this State in
licensing nonresident agents.
(B) The commissioner may issue nonresident licenses to agents
residing in a community comprised of two or more incorporated
municipalities located partly within and partly without the State,
or residing within twelve miles of the municipal limits of the
municipalities, and permit the agents to write insurance in the
State on the same basis as a resident licensed agent if the laws
of the adjacent state are just as liberal in the licensing of
residents of this State. All business so written is considered to
have been transacted in accordance with the requirements of
Section 38-43-60.
(C) A nonresident of this State who is a regular salaried
officer or employee of a licensed insurer, except an insurer
licensed to transact life or life and accident and health
insurance, and who travels for his insurer in this State is not
required to be licensed if all of the following apply:
(1) He has duties other than soliciting insurance.
(2) Policies of insurance written by him are countersigned by
a licensed insurance agent who is a bona fide resident of this
State.
(3) He receives no commission or other compensation directly
dependent upon the amount of business obtained.
(4) His insurer-employer biennially registers with the
department his name, business address, residence address,
description of duties to be performed, and other information
required by the commissioner to be contained in the registration."
H. Section 38-43-80 of the 1976 Code is amended to read:
"Section 38-43-80. (A) The following biennial fees are applicable
to an agent's license:
(1) local agent: forty dollars;
(2) state, special, or general agent: one hundred dollars;
(3) agency: forty dollars. However, the fee applicable to
an agent of a common carrier who sells only transportation ticket
policies on accident and health insurance or baggage insurance on
personal effects is twenty dollars.
(B) The fees must be paid in advance. License fees for local,
state, or special agents must be paid by the insurer for whom the
agent proposes to act or by which the proposed agent is vouched
for in the application for license."
I. Section 38-43-110 of the 1976 Code is amended to read:
"Section 38-43-110. An agent's license is for an indefinite
term unless revoked, suspended, or terminated. If the biennial
license fee for an agent is not paid at the time and in the manner
the commissioner provides by regulation, the license must be
canceled. If the license is to be reinstated, an original
application must be filed and a reinstatement fee equal to the
biennial license fee unpaid must be paid in addition to the
regular biennial license fee."
J. Section 38-45-20 of the 1976 Code, as last amended by Act 379
of 1990, is further amended to read:
"Section 38-45-20. A resident may be licensed as an insurance
broker by the commissioner if the following requirements are met:
(1) licensure of the resident as an insurance agent for the
same lines of insurance for which he proposes to apply as a broker
of this State for at least two years;
(2) payment of a biennial license fee of two hundred dollars
which is earned fully when received, not refundable;
(3) filing of a bond with the commissioner in a form approved
by the Attorney General in favor of South Carolina of ten thousand
dollars executed by a corporate surety licensed to transact surety
insurance in this State and personally countersigned by a licensed
resident agent of the surety. The bond must be conditioned to pay
a person insured or seeking insurance through the broker who
sustains loss as a result of:
(a) the broker's violation of or failure to comply with an
insurance law or regulation of this State;
(b) the broker's failure to transmit properly a payment
received by him, cash or credit, for transmission to an insurer or
an insured; or
(c) an act of fraud committed by the broker in connection
with an insurance transaction. In lieu of a bond, the broker may
file with the commissioner certificates of deposit of ten thousand
dollars of building and loan associations or federal savings and
loan associations located within the State in which deposits are
guaranteed by the Federal Savings and Loan Insurance Corporation,
not to exceed the amount of insurance, or of banks located within
the State in which deposits are guaranteed by the Federal Deposit
Insurance Corporation, not to exceed the amount of insurance. An
aggrieved person may institute an action in the county of his
residence against the broker or his surety, or both, to recover on
the bond or against the broker to recover from the certificates of
deposit, and a copy of the summons and complaint in the action
must be served on the commissioner, who is not required to be made
a party to the action;
(4) payment to the commissioner, within thirty days after
March thirty-first, June thirtieth, September thirtieth, and
December thirty-first each year, of a broker's premium tax of four
percent upon the premiums approved for policies of insurers not
licensed in this State. Credit may be given for tax on policies
canceled flat within forty-five days of the date of approval as
long as the broker certifies to the commissioner that the business
was placed in good faith and the policy was canceled at the
request of the insured."
K. Section 38-45-30 of the 1976 Code, as last amended by Act 379
of 1990, is further amended to read:
"Section 38-45-30. A nonresident may be licensed as an
insurance broker by the commissioner if the following requirements
are met:
(1) filing an application on a form prescribed by the
commissioner;
(2) filing an affidavit stating he will not during the period
of the license place, directly or indirectly, insurance on a risk
located in this State except through licensed agents of insurers
licensed to do business in this State;
(3) filing an affidavit stating he is a licensed broker in
another state;
(4) paying a biennial license fee of two hundred dollars fully
earned when received, not refundable;
(5) filing of a bond with the commissioner in a form approved
by the Attorney General in favor of South Carolina of ten thousand
dollars executed by a corporate surety licensed to transact surety
insurance in this State and personally countersigned by a licensed
resident agent of the surety. The bond must be conditioned to pay
a person insured or seeking insurance through the broker who
sustains loss as a result of:
(a) the broker's violation of or failure to comply with an
insurance law or regulation of this State;
(b) the broker's failure to transmit properly a payment
received by him, cash or credit, for transmission to an insurer or
an insured; or
(c) an act of fraud committed by the broker in connection
with an insurance transaction.
In lieu of a bond, the broker may file with the commissioner
certificates of deposit of ten thousand dollars of building and
loan associations or federal savings and loan associations located
within the State in which deposits are guaranteed by the Federal
Savings and Loan Insurance Corporation, not to exceed the amount
of insurance, or of banks located within the State in which
deposits are guaranteed by the Federal Deposit Insurance
Corporation, not to exceed the amount of insurance. An aggrieved
person may institute an action in the county of his residence
against the broker or his surety or both to recover on the bond or
against the broker to recover from the certificates of deposit,
and a copy of the summons and complaint in the action must be
served on the commissioner, who is not required to be made a party
to the action;
(6) paying the commissioner, within thirty days after March
thirty-first, June thirtieth, September thirtieth, and December
thirty-first each year, a broker's premium tax of four percent
upon the premiums approved for policies of insurers not licensed
in this State. Credit may be given for tax on policies canceled
flat within forty-five days of the date of approval as long as the
broker certifies to the commissioner that the business was placed
in good faith and the policy was canceled at the request of the
insured."
L. Section 38-45-50 of the 1976 Code is amended to read:
"Section 38-45-50. Each license issued is for an indefinite
term unless revoked or suspended. If the biennial license fee of a
broker is not paid at the time and in the manner the commissioner
provides by regulation, the license must be canceled. If the
license is to be reinstated, an original application must be filed
and a reinstatement fee equal to the biennial license fee unpaid
must be paid in addition to the regular biennial license fee."
M. Section 38-47-30 of the 1976 Code is amended to read:
"Section 38-47-30. The fee for an adjuster's license is eighty
dollars payable in advance and fully earned when received, not
refundable, transferable, nor proratable. However, when the laws
of another state of the United States require South Carolina
adjusters to pay a license fee greater than the fee required in
this State of nonresident adjusters, the nonresident adjuster
shall pay an amount equal to the amount of charges imposed by the
laws of his state upon adjusters of this State."
N. Section 38-47-40 of the 1976 Code is amended to read:
"Section 38-47-40. An adjuster's license is for an indefinite
term unless sooner revoked or suspended if the biennial license
fee is paid at the time and in the manner which the commissioner
provides by regulation. If the license fee for an adjuster is not
received when due, the license must be canceled. If the license
is to be reinstated, an original application must be filed and a
reinstatement fee equal to the biennial license fee unpaid must be
paid in addition to the regular biennial license fee."
O. Section 38-49-20 of the 1976 Code is amended to read:
"Section 38-49-20. No person may act as an appraiser for motor
vehicle physical damage claims on behalf of an insurer or firm or
corporation engaged in the adjustment or appraisal of motor
vehicle claims unless he has secured first a license from the
commissioner and has paid a biennial license fee of eighty dollars
fully earned when received, not refundable, transferable, nor
proratable. The commissioner may prescribe reasonable regulations
concerning standards for qualification, suspension, or revocation
of licenses and the methods by which licensees shall conduct their
business."
P. Section 38-49-30 of the 1976 Code is amended to read:
"Section 38-49-30. If the biennial continuation license fee
for an appraiser is not received when due, the license must be
canceled. If the license is to be reinstated, an original
application must be filed and a reinstatement fee equal to the
biennial license fee unpaid must be paid in addition to the
regular biennial license fee."
Q. Section 38-70-50 of the 1976 Code, as added by Act 311 of
1990, is amended to read:
"Section 38-70-50. (A) Every private review agent, before
transacting business in this State, shall pay an application fee
of not more than four hundred dollars and a registration fee of
not more than eight hundred dollars to the commissioner by July
first each even-numbered year. The certificate year runs July
first to the following June thirtieth.
(B) The commissioner shall promulgate regulations necessary to
establish these registration and application fees."
R. This section takes effect July 1, 1992.
SECTION 12
Deleted
SECTION 13
TO AMEND SECTION 11-9-820, OF THE 1976 CODE, RELATING TO
THE BOARD OF ECONOMIC ADVISORS, SO AS TO REVISE THE
MEMBERSHIP OF THE BOARD; TO AMEND THE 1976 CODE BY ADDING SECTION
11-9-825 SO AS TO PROVIDE FOR THE SUPPLEMENTAL ASSISTANCE TO THE
FULL-TIME STAFF OF THE BOARD; TO AMEND SECTION 11-9-840, RELATING
TO CERTAIN PROCEDURES OF THE BOARD INCLUDING ITS MEETING DATES, SO
AS TO REVISE THE MEETING DATES; TO AMEND SECTION 11-9-880,
RELATING TO THE FORECAST OF ECONOMIC CONDITIONS BY THE BOARD, SO
AS TO REVISE THE MANNER IN WHICH THE BOARD MONITORS AND REVIEWS
THE FLOW OF REVENUE FOR THE CURRENT FISCAL YEAR IN COMPARISON TO
THE CURRENT YEAR'S FORECAST; AND TO AMEND THE 1976 CODE BY ADDING
SECTION 1-11-23 SO AS TO PROVIDE THAT VACANCIES IN THE POSITION OF
DIRECTOR OF THE BUDGET DIVISION OF THE STATE BUDGET AND CONTROL
BOARD MUST BE FILLED BY APPOINTMENT OF THE BUDGET AND CONTROL
BOARD.
A. Section 11-9-820 of the 1976 Code is amended to read:
"Section 11-9-820. There is created The Board of Economic
Advisors as follows:
(1) One member, appointed by the Governor who possesses
specific working knowledge and experience in economics, revenue
forecasting, and the state budget process. This person shall serve
as chairman.
(2) Chairman of the State Tax Commission, who shall serve
ex-officio as a nonvoting member.
(3) One member appointed by the Chairman of the House Ways and
Means Committee who possesses specific working knowledge and
experience in economics, revenue forecasting, and the state budget
process.
(4) One member appointed by the Chairman of the Senate Finance
Committee who possesses specific working knowledge and experience
in economics, revenue forecasting, and the state budget process.
The Chairman of the Board of Economic Advisors shall report
directly to the Budget and Control Board to establish policy
governing economic trends. The staff of the Board of Economic
Advisors are administratively assigned to the Office of the
Executive Director of the State Budget and Control Board. The
staff shall advise the Board of Economic Advisors but shall report
administratively to the Executive Director of the Budget and
Control Board. The Chief Economist of the Board of Economic
Advisors must be appointed annually by the Executive Director of
the Budget and Control Board in consultation with the Chairman of
the Board of Economic Advisors."
B. The 1976 Code is amended by adding:
"Section 11-9-825. The staff of the Board of Economic Advisors
must be supplemented by the following officials who each shall
designate one professional from their individual staffs to assist
the BEA staff on a regular basis: the Governor, the Chairman of
the House Ways and Means Committee, the Chairman of the Senate
Finance Committee, the State Tax Commission Chairman, and the
Director of the Budget Division of the Budget and Control Board.
The BEA staff shall meet monthly with these designees in order to
solicit their input."
C. Section 11-9-840 of the 1976 Code is amended to read:
"Section 11-9-840. In the organizational and procedural
framework governing the formulation, evaluation, and continuing
review of revenues and expenditures, any appropriate governmental
entity identifying or requesting a change in the official revenue
and expenditure forecast or projection, for a specified period of
time, shall first notify the office of the Chairman of the Board
of Economic Advisors who must bring it to the attention of the
Governor prior to any independent adjustment in the appropriations
or requests of the revenue or expenditures for a particular year.
The Ways and Means Committee in the House of Representatives and
the Senate Finance Committee must be the first to be notified
subsequent to notifying the Governor and must be informed
simultaneously.
The Board of Economic Advisors shall meet on a quarterly basis
and at the call of the Governor, the General Assembly, the
Chairman of the Board, or at the request of any member of the
Board who believes a meeting is necessary due to existing
financial circumstances.
The Board of Economic Advisors is the official voice of the
State in economic matters and shall speak as one voice through the
guidance and direction of the chairman. Individual members shall
not speak or report individually on findings and status of
economic developments."
D. Section 11-9-880 of the 1976 Code is amended to read:
"Section 11-9-880. (A) The Board of Economic Advisors shall
make an initial forecast of economic conditions in the State and
state revenues for the next fiscal year no later than November
tenth of each year. Adjustments to the forecast must be considered
on December tenth and January tenth. A final forecast for the next
fiscal year must be made on February fifteenth. The February
fifteenth forecast may be adjusted monthly if the board determines
that changing economic conditions have affected the February
fifteenth forecast. Prior to making or adjusting any forecast, the
board must consult with outside economic experts with respect to
national and South Carolina economic business conditions. All
forecasts and adjusted forecasts must contain:
(1) a brief description of the econometric model and all
assumptions and basic decisions underlying the forecasts;
(2) a projection of state revenues on a quarterly basis;
(3) separate discussions of any industry which employs more
than twenty percent of the state's total nonagricultural
employment and separate projections for these industries.
(B) In addition to fulfilling its economic and revenue
forecasting responsibilities for future fiscal years, the board at
each session shall monitor and review the flow of revenue for the
current fiscal year in comparison to current year revenue
estimates. If actual revenue collections represent an overall
shortfall for any quarter of over one and one-half percent of
projected revenue collections for that quarter, a synopsis must be
prepared which shall include a detailed analysis of the factors
contributing to the shortfall, the impact of the shortfall for the
present fiscal year, a projection of whether the shortfall will be
compensated for in the remaining quarters of the present fiscal
year, and the impact of the shortfall on revenue estimates for the
ensuing fiscal year. In addition, a similar detailed synopsis must
be provided if a shortfall of one and one-half percent or more is
experienced in any of the following individual revenue categories:
sales and use taxes, individual income taxes, corporate income
taxes, taxes on insurance premiums including workers' compensation
insurance, and earnings on investments.
(C) All forecasts, adjusted forecasts, and reports of the
Board of Economic Advisors, including the synopsis of the current
year's review as required by subsection (B), must be published and
reported to the Governor, the members of the Budget and Control
Board, the members of the General Assembly and made available to
the news media."
E. The 1976 Code is amended by adding:
"Section 1-11-23. Vacancies in the position of Director of the
Budget Division of the State Budget and Control Board must be
filled by appointment of the Budget and Control Board."
F. This section takes effect July 1, 1992.
SECTION 14
Deleted
SECTION 15
TO AMEND THE 1976 CODE BY ADDING CHAPTER 52 IN TITLE 48, RELATING
TO ENVIRONMENTAL PROTECTION AND CONSERVATION, SO AS TO ESTABLISH
THE STATE ENERGY OFFICE WITHIN THE DIVISION OF GENERAL SERVICES OF
THE STATE BUDGET AND CONTROL BOARD, TO PROVIDE THAT PERSONNEL AND
FUNDING FOR THIS OFFICE MUST BE DERIVED FROM EXISTING STATE
GOVERNMENT PERSONNEL AND FINANCIAL RESOURCES AVAILABLE TO THE
STATE, AND TO ESTABLISH THE ENERGY ADVISORY COMMITTEE AND PROVIDE
FOR ITS MEMBERSHIP, POWERS, AND DUTIES.
A. Title 48 of the 1976 Code is amended by adding:
"CHAPTER 52
State Energy Office
Section 48-52-10. There is established the State Energy Office
within the Division of General Services of the State Budget and
Control Board which shall serve as the principal energy planning
entity for the State. Its primary purpose is to develop and
implement a well-balanced energy strategy and to increase the
efficient use of all energy resources throughout South Carolina
through the implementation of the Plan for State Energy Policy.
Section 48-52-20. In carrying out the purposes of the Plan for
State Energy Policy, the State Energy Office shall:
(1) provide, in cooperation and conjunction with the
Governor's Office, informational and technical assistance programs
to assist with residential, commercial, governmental, industrial,
and transportation conservation and efficiency;
(2) promote, in conjunction with the South Carolina Energy
Research and Development Center and the Governor's Office,
continued and expanded energy research and development programs
geared toward the energy needs of the State;
(3) evaluate and certify energy conservation products;
(4) in cooperation with the Governor's Office and other
appropriate entities, examine and consider the desirability and
feasibility of mechanisms for tax incentives, low-interest loans,
and other financing means for cost-effective energy consideration
and efficiency and use of renewable and indigenous energy
resources, and advocate their implementation when deemed
appropriate;
(5) work with the Public Service Commission to promote
appropriate financial incentives for electric utilities to
maximize the use of cost-effective demand-side options in meeting
future energy needs;
(6) promote the adoption and use of energy efficient building
codes and certification procedures for builders, heating and
cooling specialists, and building inspectors;
(7) promote energy efficiency in manufactured housing;
(8) promote the use of less-polluting transportation fuels,
public transportation and other transportation alternatives,
higher mileage and less-polluting vehicles, and work with state
and local entities through policy development, planning, and
advocacy to encourage reduction in the need for vehicle travel.
(9) ensure that state government agencies establish
comprehensive energy efficiency plans and become models for energy
efficiency in South Carolina, and assist the Department of
Education in achieving energy efficiency in public schools;
(10) collect energy data and provide energy information
clearinghouse functions in conjunction with the Governor's Office,
and conduct long-range energy planning;
(11) assist the Governor's Office and the General Assembly in
defining the public economic and environmental interest on issues
related to energy production, transportation, and use and provide
information on the public interest in appropriate forums,
including the Public Service Commission.
Section 48-52-30. The State Energy Office shall annually
submit to the Governor and Joint Legislative Committee on Energy a
state energy action plan that includes, but is not limited to:
(a) activities by the State Energy Office to carry out the
Plan for State Energy Policy;
(b) long-term quantitative and qualitative energy goals for
the residential, commercial, industrial, transportation,
governmental, and utility sectors and measures of progress for
these goals;
(c) identification of obstacles to efficiency for which
legislative, regulatory, or other governmental remedies are
appropriate.
Section 48-52-40. (A) Funding for the State Energy Office must
be derived from financial resources available to the State and may
be derived from such oil overcharge funds as are available and
appropriate. Personnel for the State Energy Office must be
derived from the consolidation of existing state government
personnel slots, to the extent possible. The Director of the
State Energy Office must be appointed by the State Budget and
Control Board upon the recommendation of the executive director.
(B) Pursuant to Section 2-65-20, The State Energy Office shall
submit all proposed projects for funding with oil overcharge funds
to the Joint Appropriations Review Committee for approval.
Section 48-52-50. There is established the Energy Advisory
Committee, whose members are appointed by the State Budget and
Control Board, except as provided in item (14) of this section.
Members shall serve at the pleasure of the State Budget and
Control Board except that those appointed pursuant to item (14)
shall serve for a term coterminous with that of their appointing
authority. The committee is composed as follows:
(1) two representatives of investor-owned electricity and gas
companies;
(2) two representatives of electric cooperatives;
(3) one representative of the South Carolina Public Service
Authority;
(4) one representative of municipalities;
(5) one representative of public-owned natural gas companies;
(6) one representative of counties;
(7) one representative of oil suppliers or dealers;
(8) one representative of propane suppliers or dealers;
(9) one representative of nonprofit public transportation
providers;
(10) two representatives of industrial consumers;
(11) two representatives of commercial consumers;
(12) two representatives of individual consumers;
(13) two representatives of environmental groups; and
(14) three at-large members, one each appointed by the
Governor, Speaker of the House of Representatives, and the
President of the Senate.
Committee members shall elect one of their members to serve as
chairman.
The Energy Advisory Committee shall serve an advisory function
to the State Energy Office. The Committee shall meet at least
once each quarter to receive information on the activities of the
State Energy Office and the formulation and implementation of the
state energy action plan. It may comment and advise on the
activities and the plan as considered appropriate by committee
members. The State Energy Office may seek advice and guidance
from the committee as considered appropriate by the director of
the office.
Members of the committee shall serve without compensation and
are not eligible for mileage, subsistence, or per diem."
B. This section takes effect July 1, 1992.
SECTION 16
TO AMEND SECTION 48-23-100 OF THE 1976 CODE, RELATING TO THE
SEEDLING PROGRAM OF THE STATE COMMISSION OF FORESTRY, SO AS TO
AUTHORIZE THE REFUND OF DEPOSITS FOR SEEDLING ORDERS AND THE
PURCHASE AND RESALE OF SEEDLINGS WHEN DEMAND EXCEEDS SUPPLY, AND
TO REQUIRE THAT REVENUE RECEIVED FROM RESALE AND DISTRIBUTION OF
SEEDLINGS MUST BE RETAINED IN A SEEDLING PURCHASE REVOLVING FUND
AND EXPENDED ONLY FOR THAT PURPOSE.
Section 48-23-100 of the 1976 Code is amended by adding at the
end:
"The commission may refund deposits placed with it for tree
seedling orders.
When demand for forest tree seedlings from landowners in this
State exceeds the supply available from commission nurseries, the
commission may purchase seedlings for resale at cost plus shipping
and one dollar a thousand for administrative costs. The revenue
received from the resale and distribution of these seedlings must
be retained in a seedling purchase revolving fund and expended
only for that purpose."
SECTION 17
Deleted
SECTION 18
TO AMEND SECTION 44-56-160, AS AMENDED, OF THE 1976 CODE,
RELATING TO THE HAZARDOUS WASTE CONTINGENCY FUND, SO AS TO PROVIDE
FOR THE DISTRIBUTION OF FEES CREDITED TO THE FUND AND TO REQUIRE
CERTAIN INTEREST ACCRUED ON THE FUND TO BE CREDITED TO THE GENERAL
FUND; TO AMEND THE 1976 CODE BY ADDING SECTION 44-56-163 SO AS TO
PROVIDE FOR THE PINEWOOD HAZARDOUS WASTE CONTINGENCY FUND AND THE
PINEWOOD DEVELOPMENT FUND; TO AMEND SECTION 44-56-165, RELATING TO
HAZARDOUS WASTE REDUCTION AND MINIMIZATION ACTIVITIES, SO AS TO
CONFORM THE FUNDING OF THESE ACTIVITIES TO OTHER PROVISIONS OF
THIS SECTION; TO AMEND SECTION 44-56-170, AS AMENDED, RELATING TO
HAZARDOUS WASTE FEES, SO AS TO INCREASE IN-STATE FEES FROM
TWENTY-FIVE DOLLARS TO THIRTY-FOUR DOLLARS A TON, TO INCREASE
OUT-OF-STATE FEES FROM THIRTY DOLLARS TO THIRTY-FOUR DOLLARS A
TON, AND TO PROVIDE A TEN DOLLAR A TON FEE ON THE INCINERATION OF
HAZARDOUS WASTE; TO AMEND THE 1976 CODE BY ADDING SECTION
44-56-175 SO AS TO PROVIDE FOR THE DISTRIBUTION OF FEES FOR THE
DISPOSAL OF HAZARDOUS WASTE AND NONHAZARDOUS WASTE AND TO PROVIDE
THAT FEES FOR HAZARDOUS WASTE INCINERATION MUST BE CREDITED TO THE
GENERAL FUND; TO AMEND SECTION 44-56-510, RELATING TO FEES FOR
DISPOSING OF NONHAZARDOUS WASTE AT A HAZARDOUS WASTE SITE, SO AS
TO INCREASE IN-STATE FEES FROM FIVE DOLLARS TO THIRTEEN DOLLARS
AND SEVENTY CENTS A TON AND OUT-OF-STATE FEES FROM SEVEN DOLLARS
TO THIRTEEN DOLLARS AND SEVENTY CENTS A TON; AND TO AMEND SECTION
44-56-810, RELATING TO THE HAZARDOUS WASTE MANAGEMENT RESEARCH
FUND, SO AS TO CONFORM THE FINANCING OF THIS FUND TO OTHER
PROVISIONS OF THIS ACT.
A. Section 44-56-160 of the 1976 Code, as last amended by Act 196
of 1989, is further amended to read:
"Section 44-56-160. (A) The Department of Health and
Environmental Control is directed to establish a Hazardous Waste
Contingency Fund to ensure the availability of funds for response
actions necessary at permitted hazardous waste landfills and
necessary from accidents in the transportation of hazardous
materials and to defray the costs of governmental response actions
at uncontrolled hazardous waste sites. The contingency fund must
be financed through the imposition of fees provided in Sections
44-56-170 and 44-56-510 and annual appropriations which must be
provided by the General Assembly.
(B) Of the fees collected pursuant to Section 44-56-170(C),
and (E), and credited to the contingency fund pursuant to Section
44-56-175:
(1) thirteen percent must be held separate and distinct
within the fund in a permitted site fund for the purpose of
response actions arising from the operation of the permitted land
disposal facilities in this State;
(2) sixty-two percent must be held separate and distinct
within the fund to defray the costs of governmental response
actions at uncontrolled hazardous waste sites and for the purpose
of response actions arising from accidents occurring within the
State in the transportation of hazardous materials;
(3) five percent must be used to fund hazardous waste
reduction and minimization activities of the department pursuant
to Section 44-56-165;
(4) eighteen percent must be remitted to and expended by the
Hazardous Waste Management Research Fund in accordance with
Section 44-56-810;
(5) two percent must be returned to the governing body of a
county in which a permitted commercial land disposal facility is
located.
(C) From the fees imposed by Section 44-56-170(C) and (E) and
credited to permitted sites pursuant to subsection (B),
twenty-seven percent must be held separate and distinct within the
fund for the purpose of being returned to the governing body of a
county in which a permitted commercial land disposal facility is
located. The funds returned to a county pursuant to this
subsection or subsection (B) must be used by the local law
enforcement, fire, health care, and emergency units to provide
protection, assistance, and emergency preparedness for any
contingency which might arise from the transportation and disposal
site within the county. The county governing body shall
distribute the funds in an equitable manner to the involved local
units including, but not limited to, municipalities and special
purpose districts, as well as county entities. The State
Treasurer shall disburse the funds quarterly to counties which
contain commercial hazardous waste land disposal sites.
(D) From the fees imposed by Section 44-56-170(C) and (E) and
credited to uncontrolled sites and transportation accidents
pursuant to subsection (B), five percent must be returned to and
used by the governing body of the Town of Pinewood to fund the
Pinewood Hazardous Waste Contingency Fund as established in
Section 44-56-163.
(E) All fees collected pursuant to Section 44-56-170(D) must
be credited to the fund for uncontrolled sites and transportation
accidents.
(F) Of the fees collected pursuant to Section 44-56-510 and
credited to the contingency fund pursuant to Section 44-56-175:
(1) twenty-six percent must be credited to the fund for
permitted sites; and
(2) seventy-four percent must be credited to the fund for
uncontrolled sites and transportation accidents.
(G) Any interest accruing from the management of the funds
held pursuant to this section must be credited to the general fund
of the State, except earnings on the permitted site fund which
must be credited to that fund, and earnings on the Pinewood
Hazardous Waste Contingency Fund must be credited to that fund."
B. The 1976 Code is amended by adding:
"Section 44-56-163. (A) There is created a Pinewood Hazardous
Waste Contingency Fund to ensure the availability of funds for
response actions necessary at the hazardous waste landfill located
adjacent to the Town of Pinewood. This contingency fund is
financed pursuant to Section 44-56-160(D). The monies from this
fund must be returned to the governing body of the Town of
Pinewood which must be used by its law enforcement, fire, health
care, and emergency units to provide protection, assistance, and
emergency preparedness for any contingency which might arise from
the transportation and disposal site within the municipality. The
State Treasurer shall disburse the funds quarterly to the
governing body of the Town of Pinewood. Any interest accruing
from the management of the funds held pursuant to Section
44-56-160 or this section must be credited to this contingency
fund.
(B) There is created the Pinewood Development Fund in the
Office of the State Treasurer. This fund must be financed through
fees provided in Sections 44-56-170 and 44-56-510 and credited to
this fund pursuant to Section 44-56-175. This fund must be used
for economic development in the Pinewood area in Sumter or
Clarendon County within a five-mile radius of the Pinewood
Hazardous Waste Landfill. Expenditure of these funds must be
approved by a majority of the following:
(1) the chairman of the Sumter County Council or a council
member designated by the chairman;
(2) the chairman of the Clarendon County Council or a council
member designated by the chairman;
(3) one member of the Sumter County Council who represents
the geographical area within which this fund may be used for
economic development;
(4) one member of the Clarendon County Council who represents
the geographical area within which this fund may be used for
economic development.
All funds in the Pinewood Development Fund, including interest
earned on the fund, must be remitted quarterly by the State
Treasurer to the City of Pinewood and expended pursuant to this
subsection."
C. Section 44-56-165 of the 1976 Code, as added by Act 196 of
1989, is amended to read:
"Section 44-56-165. The fees imposed under Section
44-56-170(C) and (E), and distributed in accordance with Section
44-56-160(B)(3) must be used to fund hazardous waste reduction and
minimization activities of the department. Funding for this
activity is not limited to the amount collected annually and may
be supported by general appropriation of the General Assembly.
Aqueous wastes which are hazardous only because of pH are exempt
from this fee if they are generated and treated on site in a
permitted wastewater treatment plant. In addition to funding
hazardous waste reduction and minimization activities, the fees
also must be used to enforce the bans set forth in Section
44-56-130(4), (5), and (6)."
D. Section 44-56-170(C) of the 1976 Code, as last amended by Act
196 of 1989, is further amended to read:
"(C) There is imposed a fee of thirty-four dollars a ton of
hazardous wastes generated and disposed of in this State by
landfilling or other means of land disposal."
E. Section 44-56-170(E) of the 1976 Code, as last amended by Act
196 of 1989, is further amended to read:
"(E) For all hazardous wastes generated outside of the State
and received at a facility during the quarter each owner/operator
of a hazardous waste land disposal facility shall remit to the
department an amount equal to the per ton fee imposed on
out-of-state waste by the state from which the hazardous waste
originated but in any event no less than thirty-four dollars a
ton."
F. Section 44-56-170 of the 1976 Code, as last amended by Act 196
of 1989, is further amended by adding:
"(F) There is imposed a fee of ten dollars a ton on the
incineration of hazardous waste in this State whether the waste
was generated within or outside of this State. Fees imposed by
this subsection must be collected by the facility at which it is
incinerated and remitted to the State Treasurer to be credited to
the general fund of the State. For purposes of this subsection,
`incineration' includes hazardous waste incinerators, boilers, and
industrial furnaces."
G. The 1976 Code is amended by adding:
"Section 44-56-175. (A) Of the fees imposed pursuant to Section
44-56-170(C) and (E):
(1) eighty-three percent must be credited to the Hazardous
Waste Contingency Fund;
(2) two percent must be credited to the Pinewood Development
Fund; and
(3) fifteen percent must be credited to the general fund.
(B) Of the fees imposed pursuant to Section 44-56-510:
(1) fifty-three percent must be credited to the Hazardous
Waste Contingency Fund;
(2) twenty percent must be credited to the Pinewood
Development Fund; and
(3) twenty-seven percent must be credited to the general
fund.
(C) All fees imposed pursuant to Section 44-56-170(F) must be
credited to the general fund."
H. Section 44-56-510 of the 1976 Code is amended to read:
"Section 44-56-510. Any waste disposed of in a land disposal
site permitted to receive hazardous waste for disposal and not
assessed a fee under the provisions of Article 1 of this chapter
must be assessed as follows:
(1) a fee of thirteen dollars and seventy cents a ton of
wastes generated and disposed of in this State by landfilling or
other means of land disposal;
(2) for all wastes generated outside of the State and received
at a facility during the quarter, each owner/operator of a
hazardous waste land disposal facility shall remit to the
department a fee of thirteen dollars and seventy cents a ton."
I. Section 44-56-810 of the 1976 Code, as added by Act 196 of
1989, is amended to read:
"Section 44-56-810. There is created within the State Treasury
the Hazardous Waste Management Research Fund, separate and
distinct from the general fund of the State, to ensure the
availability of funds for the conduct of research related to waste
minimization and reduction and for the development of more
effective and efficient methods of conducting governmental
response actions at uncontrolled hazardous waste sites. The fund
must be financed in accordance with Section 44-56-160(B) and
expended only in accordance with the provisions of this article."
J. This section takes effect July 1, 1992.
SECTION 19
TO AMEND SECTION 12-23-810 OF THE 1976 CODE, AS AMENDED, RELATING
TO THE TAX ON LICENSED HOSPITALS, SO AS TO REVISE THE IMPOSITION
FORMULA OF THE TAX.
A. Section 12-23-810(A) of the 1976 Code, as last amended by Act
105 of 1991, is further amended to read:
"(A) Every hospital licensed as a general hospital by the
Department of Health and Environmental Control is subject to the
payment of an excise, license, or privilege tax. Each hospital's
tax must be based on the total expenditures of each hospital as a
percentage of total hospital expenditures statewide."
B. This section takes effect July 1, 1992.
SECTION 20
TO AMEND SECTION 44-93-170, AS AMENDED, OF THE 1976 CODE, RELATING
TO THE INFECTIOUS WASTE CONTINGENCY FUND, SO AS TO PROVIDE THAT
THE INTEREST EARNED BY THE FUND BE CREDITED TO THE GENERAL
FUND.
A. Section 44-93-170 of the 1976 Code, as amended by Section 6B,
Part II, Act 612 of 1990, is further amended to read:
"Section 44-93-170. The department shall establish an
Infectious Waste Contingency Fund to insure the availability of
funds for response actions necessary at commercial infectious
waste treatment facilities and necessary from accidents in the
transportation of infectious waste and to defray the cost of
governmental response action associated with infectious waste.
This fund must be financed by the fees imposed pursuant to Section
44-93-160. The revenue derived from the fees on waste must be
credited to the Infectious Waste Contingency Fund as follows: an
amount equal to two-thirds of the fees must be deposited into the
fund and an amount equal to one-third of the fees must be held in
a separate and distinct account within the fund for the purpose of
being returned to each county in which the fee imposed by Section
44-93-160 is collected. When the amount of fees held in the
Infectious Waste Contingency Fund meets or exceeds five million
dollars, two-thirds of all subsequent fees collected must be
remitted to the Hazardous Waste Contingency Fund established
pursuant to Section 44-56-160(A) to assist in defraying the costs
of governmental response actions at uncontrolled hazardous waste
sites, with the remaining one-third of all subsequent fees
collected pursuant to Section 44-93-160 continuing to be placed
into a separate and distinct account for counties as provided in
this item. Interest earned by the funds must be credited to the
general fund of the State. Proceeds of the county account
returned to a county pursuant to this section must be released by
the State Treasurer upon the written request of a majority of the
legislative delegation of the recipient county."
B. This section takes effect July 1, 1992.
SECTION 21
Deleted
SECTION 22
Deleted
SECTION 23
Deleted
SECTION 24
Deleted
SECTION 25
Deleted
SECTION 26
Deleted
SECTION 27
Deleted
SECTION 28
Deleted
SECTION 29
TO AMEND THE 1976 CODE BY ADDING SECTION 11-3-230 SO AS TO ALLOW
PROFESSIONAL AND OCCUPATIONAL LICENSING AGENCIES (POLA'S) TO
ESTABLISH SPECIAL COMPTROLLER GENERAL ACCOUNTS FOR THE CREDITING
OF TEST FEES RECEIVED IN EXCESS OF AMOUNTS APPROPRIATED TO THESE
AGENCIES FOR TEST EXPENSES, TO PROVIDE THAT FUNDS CREDITED TO
THESE ACCOUNTS MAY BE USED ONLY TO PAY TEST EXPENSES, TO REQUIRE
ACCOUNT BALANCES AT THE END OF A FISCAL YEAR TO BE REMITTED TO THE
GENERAL FUND OF THE STATE, AND TO PROVIDE THE PROCEDURES
FOR ESTABLISHING AND EXPENDING FUNDS FROM THESE ACCOUNTS.
A. Chapter 3, Title 11 of the 1976 Code is amended by adding:
"Section 11-3-230. Professional and Occupational Licensing
Agencies (POLA'S) as specified in Section 11-5-210 may establish
special comptroller general accounts for crediting testing fees
received in excess of amounts appropriated to these agencies for
test expenses. Funds credited to these accounts may be used only
to pay test expenses. Any account balance at the close of the
fiscal year must be remitted to the general fund of the State.
These accounts must be designated `earmarked other fund accounts'
and funds credited to these accounts must be expended according to
the JARC process. These accounts may not be used to defer
revenue."
B. This section takes effect July 1, 1992.
SECTION 30
Deleted
SECTION 31
TO AMEND THE 1976 CODE BY ADDING SECTION 58-19-155, SO AS TO
REQUIRE THE SOUTH CAROLINA PUBLIC RAILWAYS COMMISSION TO REMIT ONE
HUNDRED FIFTY THOUSAND DOLLARS EACH FISCAL YEAR TO THE STATE
TREASURER FOR DEPOSIT TO THE CREDIT OF THE GENERAL FUND OF THE
STATE.
A. Chapter 19, Title 58 of the 1976 Code is amended by adding:
"Section 58-19-155. The commission, each fiscal year, shall
remit one hundred fifty thousand dollars to the State Treasurer
for deposit to the credit of the general fund of the State."
B. This section takes effect July 1, 1992.
SECTION 32
TO AMEND THE 1976 CODE BY ADDING SECTION 40-59-145 SO AS TO EXEMPT
FROM THE LICENSING AND OTHER REGULATORY REQUIREMENTS OF THE SOUTH
CAROLINA RESIDENTIAL BUILDERS COMMISSION PUBLIC SCHOOL STUDENTS
AND INSTRUCTORS WHOSE CONTRACTING WORK IS PART OF A VOCATIONAL
COURSE CURRICULUM.
Chapter 59, Title 40 of the 1976 Code is amended by adding:
"Section 40-59-145. The provisions of this chapter do not
apply to public school students and instructors whose contracting
work is part of a public school vocational course curriculum."
SECTION 33
TO AMEND THE 1976 CODE BY ADDING SECTION 12-36-2645 SO AS TO
IMPOSE THE SALES AND USE TAX ON GROSS PROCEEDS ACCRUING OR
PROCEEDING FROM THE BUSINESS OF PROVIDING 900\976 TELEPHONE
SERVICE, TO PROVIDE THAT THE APPLICABLE RATE OF THE TAX IS TEN
PERCENT, AND TO CREDIT ALL OF THE PROCEEDS OF THE TAX TO THE
GENERAL FUND OF THE STATE.
A. Article 25, Chapter 36, Title 12 of the 1976 Code is amended
by adding:
"Section 12-36-2645. The sales and use taxes imposed by this
chapter also extend to gross proceeds accruing or proceeding from
the business of providing 900\976 telephone service except that
the applicable rate of the tax is ten percent. All revenues
derived from the tax imposed by this section must be credited to
the general fund of the State."
B. This section takes effect July 1, 1992.
SECTION 34
TO AMEND THE 1976 CODE BY ADDING SECTION 11-9-85 SO AS TO DIRECT
THE COMPTROLLER GENERAL TO ACCRUE VARIOUS TAX AND FEE REVENUES FOR
ACCOUNTING PURPOSES AND TO AMEND SECTIONS 12-21-1050 AND
12-33-450, RELATING TO THE PAYMENT OF BEER AND WINE AND ALCOHOLIC
LIQUORS TAXES, SO AS TO DELETE THE REQUIREMENT FOR PAYING
ESTIMATED TAXES FOR EACH JUNE.
A. Article 1, Chapter 9, Title 11 of the 1976 Code is amended by
adding:
"Section 11-9-85. For accounting purposes, the Comptroller
General shall calculate revenues of the following taxes and fees
on an accrual basis:
(1) stamp and business license;
(2) alcoholic liquor;
(3) beer and wine;
(4) soft drink;
(5) electric power;
(6) gasoline and motor fuel;
(7) admissions, including bingo admissions; and
(8) sales, use, and casual excise."
B. Section 12-21-1050 of the 1976 Code is amended to read:
"Section 12-21-1050. The tax prescribed in this article must
be paid by requiring each wholesaler to make a report to the
commission, in the form the commission prescribes, of all beer and
wine sold or disposed of within this State by the wholesaler and
to pay the tax due thereon not later than the twentieth of the
month following the sale of beer or wine. Any wholesaler who
fails to file the report or to pay the tax as prescribed in this
section must pay a penalty of one quarter of one percent of the
amount of the tax due and unpaid or unreported for each day the
tax remains unpaid or unreported. The penalty must be assessed and
collected by the commission in the manner as other taxes are
assessed and collected. The commission may grant any wholesaler
extensions of time for filing the reports and paying the taxes
prescribed in this article and no penalties may be assessed or
collected to the extent that the extensions of time are granted."
C. Section 12-33-450 of the 1976 Code is amended to read:
"Section 12-33-450. Every wholesaler of alcoholic liquors
shall file with the commission on or before the twentieth day of
each calendar month a report covering all sales of alcoholic
liquors during the preceding month. "
D. Subsection A of this section applies with respect to tax and
fee revenues received after June 30, 1993, except for item (8) of
Section 11-9-85 of the 1976 Code, which applies for sales, use,
and casual excise tax revenues received after June 30, 1991.
Subsections B and C take effect July 1, 1992.
SECTION 35
TO AMEND THE 1976 CODE BY ADDING SECTION 59-101-360, SO AS TO
PROVIDE THAT SALES TAX REVENUES FROM CATALOG SALES WHICH EXCEED
REVENUES FROM SUCH SALES IN FISCAL YEAR 1991-92 MUST BE CREDITED
TO A SEPARATE FUND STYLED THE HIGHER EDUCATION SALES TAX FUND, TO
PROVIDE FOR THE MANNER IN WHICH THESE REVENUES MUST BE USED IN THE
FISCAL YEAR 1992-93 AND THEREAFTER, AND TO PROVIDE THAT FUND
REVENUES MAY NOT BE USED TO SUPPLANT OTHER APPROPRIATIONS FOR
HIGHER EDUCATION.
A. The 1976 Code is amended by adding:
"Section 59-101-360. Notwithstanding the provisions of Section
59-21-1010(A), that portion of sales tax revenue derived pursuant
to Section 12-36-2620(1) from the tax on catalog sales which
exceeds the total of revenue from such sales in fiscal year
1991-92 must be credited by the State Treasurer to the higher
Education Sales Tax Fund, which is separate and distinct from the
general fund of the State. Revenues in this fund as appropriated
in the 1992-93 General Appropriations Act and as thereafter
annually appropriated must be distributed pursuant to formula
funding for higher education and may not be used to supplant
general fund appropriations for higher education, except that
twenty percent of fund revenues must be credited to the Education
Improvement Act of 1984 Fund, and except that ten percent of fund
revenues, not exceeding fifteen million dollars in one fiscal
year, must be appropriated for the Higher Education Tuition Grants
Program pursuant to Chapter 113 of Title 59."
B. This section takes effect July 1, 1992.
SECTION 36
TO AMEND SECTION 12-36-2610 OF THE 1976 CODE, RELATING TO THE
DISCOUNT ALLOWED FOR TIMELY PAYMENT OF SALES AND USE TAX, SO AS TO
REDUCE FROM TEN THOUSAND DOLLARS TO THREE THOUSAND DOLLARS THE
TOTAL AMOUNT OF THE DISCOUNT PERMITTED A TAXPAYER IN ANY ONE STATE
FISCAL YEAR; AND TO REPEAL SECTION 12-36-2600, RELATING TO THE
PAYMENT OF ESTIMATED SALES TAX AND THE PENALTY FOR FAILURE TO MAKE
THE APPROPRIATE ESTIMATED PAYMENT.
A. The last paragraph of Section 12-36-2610 of the 1976 Code, as
added by Act 612 of 1990, is 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. The discount permitted a taxpayer under this section
may not exceed three thousand dollars during any one state fiscal
year."
B. Section 12-36-2600 of the 1976 Code is repealed.
C. This section takes effect July 1, 1992.
SECTION 37
Deleted
SECTION 38
Deleted
SECTION 39
Deleted
SECTION 40
TO AMEND SECTION 12-27-1260 OF THE 1976 CODE, RELATING TO
THE CREDITING OF ADDITIONAL TAXES TO THE STRATEGIC HIGHWAY PLAN
FOR IMPROVING MOBILITY AND SAFETY FUND, SO AS TO DELETE THE
PROVISION FOR EARNINGS ON INVESTMENTS FROM THE FUND TO BE
DEPOSITED IN THE FUND.
A. Section 12-27-1260 of the 1976 Code, as added by Act 197 of
1987, is amended to read:
"Section 12-27-1260. The revenue derived from the tax levied by
Sections 12-27-1210, 12-27-1220, 12-27-1230, and 12-27-1240 in
this chapter must be remitted to the State Treasurer to be
credited to the fund established for the Strategic Highway Plan
for Improving Mobility and Safety. This fund must be separate and
distinct from the state general fund and highway fund. All
unappropriated money in this fund must remain part of the separate
fund. Money from this fund may be spent only for funding the
Strategic Highway Plan for Improving Mobility and Safety Program
administered by the department and funding the Economic
Development Account as provided in Section 12-27-1270. No funds
may be expended from this account other than for payment of
engineering and planning, right-of-way acquisition, and
construction of projects on the list submitted as provided in
Section 12-27-1280 or those designated for economic development by
the Coordinating Council for Economic Development as provided in
Section 12-27-1270."
B. This section takes effect July 1, 1992.
SECTION 41
TO AMEND THE 1976 CODE BY ADDING SECTION 12-27-1295 SO AS TO
AUTHORIZE REVENUES CREDITED TO THE STRATEGIC HIGHWAY PLAN FOR
IMPROVING MOBILITY AND SAFETY FUND (SHIMS) TO BE USED TO MATCH
FEDERAL HIGHWAY FUNDS WHEN FEDERAL MATCHING FUNDS WOULD OTHERWISE
BE LOST BECAUSE OTHER FUNDS OF THE DEPARTMENT OF HIGHWAYS AND
PUBLIC TRANSPORTATION, AVAILABLE TO MATCH FEDERAL FUNDS, EXCLUDING
"C" FUNDS, ARE EXHAUSTED AND TO PROVIDE THAT SHIMS REVENUES
NOT REQUIRED TO MATCH FEDERAL HIGHWAY FUNDS MUST BE EXPENDED ON
SHIMS PROJECTS THAT ARE INELIGIBLE TO RECEIVE FEDERAL FUNDS; TO
AMEND ARTICLE 1, CHAPTER 11, TITLE 57, RELATING TO FINANCES OF THE
DEPARTMENT, SO AS TO PROVIDE THAT THE DEPARTMENT MUST PROCESS ALL
VOUCHERS FOR THE PAYMENT OF GOODS, SERVICES, AND PERSONNEL
SERVICES THROUGH THE OFFICE OF THE COMPTROLLER GENERAL; TO AMEND
SECTION 11-35-45(B), RELATING TO THE DEPARTMENT'S LUMP SUM STATUS,
SO AS TO ELIMINATE THE DEPARTMENT'S LUMP SUM STATUS; TO AMEND
SECTION 57-3-450, RELATING TO THE SECRETARY-TREASURER OF THE SOUTH
CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, SO AS
TO RENAME THE POSITION AND TO PROVIDE FOR APPOINTMENT BY THE
EXECUTIVE DIRECTOR; TO AMEND SECTION 57-3-470, RELATING TO THE
STATE HIGHWAY ENGINEER, SO AS TO RENAME THE POSITION AND TO
PROVIDE FOR THE APPOINTMENT BY THE EXECUTIVE DIRECTOR OF THE SOUTH
CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION; TO
AMEND SECTION 57-3-760, RELATING TO THE ANNUAL REPORT, SO AS TO
PROVIDE THAT ADDITIONAL INFORMATION BE INCLUDED; AND TO REPEAL
SECTIONS 57-11-30, 57-11-40, 57-11-50, 57-11-60, AND 57-11-70
RELATING TO FINANCES OF THE DEPARTMENT EFFECTIVE JULY 1, 1993.
A. Article 13, Chapter 27, Title 12 of the 1976 Code is amended
by adding:
"Section 12-27-1295. Notwithstanding any other provision of
this article, when all funds available to the Department of
Highways and Public Transportation to match federal highway funds
are exhausted, not including `C' funds, and federal highway funds
would otherwise be lost, revenues credited to the SHIMS fund
established pursuant to Section 12-27-1260 may be used to match
federal highway funds. Revenues in the SHIMS Fund not required to
match federal highway funds must be used for SHIMS projects that
are ineligible to receive federal highway funds."
B. Article 1, Chapter 11, Title 57 of the 1976 Code is amended to
read:
"Article 1
General Provisions
Section 57-11-10. As used in this article:
(1) `Accident claims' means all claims against the department
as provided for by law, except contractual claims;
(2) `Gasoline tax' includes taxes for the privilege of
selling, consigning, using, shipping, or distributing gasoline or
any substitutes or combination of them, usable in internal
combustion engines for the generation of power.
Section 57-11-20. (A) All state revenues and state monies
dedicated by statute to the operation of the department must be
deposited into one fund to be known as the `state highway fund'
and all federal revenues and federal monies must be deposited into
the `federal aid highway fund'. These funds must be held and
managed by the State Treasurer separate and distinct from the
general fund, except as to monies utilized by the State Treasurer
for the payment of principal or interest on state highway bonds as
provided by law.
(B) Beginning July 1, 1993, the department must process all
payment for goods and services, including right-of-way
acquisitions through the office of the Comptroller General.
(C) Beginning January 1, 1994, the department shall process
the payment for all personnel services through the office of the
Comptroller General.
(D) For all capital improvement and permanent improvement
projects beginning on or after July 1, 1994, the department shall
enter detailed project numbers on all transactions submitted to
the Comptroller General.
(E) The Comptroller General may continue to make deductions
from the compensation of employees for the payment of premiums for
life, hospital, and other types of insurance plans that are in
force on the effective date of this act.
(F) Beginning July 1, 1993, the department is not considered a
lump sum agency.
Section 57-11-30. The department may set aside and deposit in
its name a revolving fund, and all payments from the fund must be
restored to the fund by vouchers drawn on the Comptroller General
against the Highways and Public Transportation Fund.
Section 57-11-40. Not more than sixty days before the beginning
of fiscal year 1992-93 the department shall make an estimate of
the revenues to be received by the department during the fiscal
year, and after deducting the amounts required by the State
Treasurer for the payment of the principal and interest on state
highway bonds due or falling due in that year, it shall estimate
the amounts required for the payment of the expenses of the
department for the fiscal year, including all expenses for
administration, operation, collection of revenues, payment of
accident claims, and law enforcement.
Section 57-11-50. From the remainder of the revenues and
receipts of fiscal year 1992-93 as estimated pursuant to Section
57-11-40, there is appropriated a sum sufficient to maintain the
highways of the state highway system for the year in a sound and
serviceable condition. Surplus of the estimated revenues and
receipts for the fiscal year, including available balances brought
forward from previous years, is appropriated for the construction,
reconstruction, and maintenance of state highways and for the
payment of other expenses of the department.
Section 57-11-60. The department, until June 30, 1993, may issue
duplicate checks, drafts, warrants, or vouchers upon receipt of a
competent indemnity bond executed by the payee and guaranteed by a
responsible person, and the department also may execute indemnity
bonds necessary to secure the issuance of duplicate checks payable
to the department, when the originals of have been lost.
Section 57-11-70. Beginning with the fiscal year which ends June
30, 1993, the books and accounts of the department must be audited
at least once a year by a certified public accountant or firm of
certified public accountants, to be designated by the Governor,
and a report of the audit must be made annually by October
fifteenth to the General Assembly. The costs and expenses of the
annual audit must be paid by the department out of its funds.
Section 57-11-80. The department shall adopt a budget in
accordance with the provisions of Chapters 9 and 11 of Title 11."
C. Section 11-35-45(B) of the 1976 Code is amended to read:
"(B) All agencies and institutions of the State are required
to comply with the provisions of this section. Beginning July 1,
1983, the Department of Mental Health, the Department of Mental
Retardation, the Department of Corrections, the Interagency
Council on Public Transportation, and the Sea Grants Consortium
shall process all payments for goods and services through the
office of the Comptroller General. Only the lump sum institutions
of higher education are responsible for the payment of all goods
or services within thirty work days after the receipt of the goods
or services, whichever is received later, and shall pay an amount
not to exceed fifteen percent per annum on any unpaid balance
which exceeds the thirty work-day-period."
D. Section 57-3-450 of the 1976 Code is amended to read:
"Section 57-3-450. There is a Director of Finance and
Administration of the department who is the fiscal and
administrative officer of the department. The Director of Finance
and Administration, in addition to his duties as fiscal officer,
must record the proceedings of the commission. The Director of
Finance and Administration must be appointed by and serve at the
pleasure of the executive director of the department. He may
receive compensation as established under the provisions of
Section 8-11-160 and for which funds have been authorized in the
general appropriation act."
E. Section 57-3-470 of the 1976 Code is amended to read:
"Section 57-3-470. There is a Director of State Highway
Engineering. The Director of State Highway Engineering is the
administrative head of the engineering division and, as such,
directs the highway engineering work of the department and the
activities of the engineering division. The Director of State
Highway Engineering must be appointed by and serve at the pleasure
of the executive director of the department. He may receive
compensation as established under the provisions of Section
8-11-160 and for which funds have been authorized in the general
appropriation act. A person appointed to the position of Director
of State Highway Engineering must be a competent engineer, skilled
and experienced in highway planning, design, construction, and
maintenance, and must be an engineering graduate of a college or
university with an accredited course in engineering. The selection
of the Director of State Highway Engineering may be based upon a
civil service examination, under rules and regulations to be made
and promulgated by the department."
F. Section 57-3-760 of the 1976 Code is amended to read:
"Section 57-3-760. The department, during each regular session
of the General Assembly, shall make a full, printed, detailed
report to the General Assembly showing an analysis of:
(1) the department's accomplishments in the past year;
(2) a ten-year plan detailing future needs of the State in the
fields of planning, construction, maintenance, and operation of
the state highway system;
(3) a five-year plan detailing the regulation of traffic which
includes, the administration and enforcement of traffic, driver,
and motor vehicle laws and other laws relating to such subjects,
the coordination of state and federal programs relating to public
transportation among the departments, agencies, and other bodies
politic and legally constituted agencies in the State;
(4) a listing of all firms, companies, or businesses of any
type doing business with the department and the amount of the
contracts entered into by the department; and
(5) an accounting aggregated by county of the receipts of
gasoline taxes and motor vehicle license fees, disbursements of
the department, and other data as may be of interest in connection
with the work of the department."
G. Sections 57-11-30, 57-11-40, 57-11-50, 57-11-60, and 57-11-70,
as amended by this section, are repealed on July 1, 1993.
H. This section takes effect July 1, 1992.
SECTION 42
TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-450 SO AS TO REQUIRE
ALL STATE AGENCIES AND INSTITUTIONS TO PARTICIPATE IN THE STATE
BUDGET AND CONTROL BOARD SUGGESTION AWARDS PROGRAM.
Article 1, Chapter 13, Title 1 of the 1976 Code is amended by
adding:
"Section 1-11-450. All state agencies and institutions shall
participate in the State Budget and Control Board suggestion
awards program."
SECTION 43
TO AMEND SECTIONS 44-2-20, 44-2-40, AS AMENDED, 44-2-60, AS
AMENDED, 44-2-70, AS AMENDED, 44-2-90, AS AMENDED, 44-2-110, AS
AMENDED, 44-2-120, AND 44-2-130, AS AMENDED, RELATING TO THE STATE
UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT, SO AS TO
REVISE AND ADD CERTAIN DEFINITIONS, ESTABLISH A SECOND FUND
ENTITLED THE "SUPERB FINANCIAL RESPONSIBILITY FUND" TO BE USED FOR
COMPENSATING THIRD PARTY CLAIMS, TO PROVIDE THAT COSTS WHICH MAY
BE REIMBURSED OR PAID FROM THE FIRST FUND ENTITLED THE SUPERB
ACCOUNT INCLUDE THOSE THAT ARE USUAL, CUSTOMARY, AND REASONABLE,
TO PERMIT PERSONS TO OBTAIN A DETERMINATION OF ELIGIBILITY FROM
THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO UTILIZE THE
SUPERB ACCOUNT, TO ALLOW INTEREST TO BE PAID FROM THE SUPERB
ACCOUNT FOR OVERDUE PAYMENTS FOR REMEDIAL WORK PERFORMED, TO
FURTHER PROVIDE FOR THE FEES WHICH ARE AUTHORIZED TO BE IMPOSED
AND FOR THE USE AND DISTRIBUTION OF THESE FEES, AND TO EXTEND THE
EXPIRATION DATE OF THE GENERAL GRACE PERIOD OF THE EARLY DETECTION
INCENTIVE PROGRAM TO JUNE 30, 1993.
A. Section 44-2-20 of the 1976 Code is amended to read:
"Section 44-2-20. When used in this chapter, the listed terms
have the following meanings unless the context clearly requires
otherwise:
(1) `Department' means the Department of Health and
Environmental Control.
(2) `Direct Billing' means billing the Superb Account
directly for costs associated with site rehabilitation after
receiving prior approval from the department and in accordance
with criteria established by the department as authorized by this
chapter.
(3) `Fund' means the funds provided for under this chapter
and deposited in the Superb Account or the Superb Financial
Responsibility Fund hereinafter created.
(4) `Operator' means any person in control of, or having
responsibility for the daily operation of an underground storage
tank.
(5) `Orphan site' means a site where there has been a release
from an underground storage tank but responsible party issues have
not been resolved, and site rehabilitation has not been
undertaken.
(6) `Owner' means: (a) in the case of an underground storage
tank system in use on November 8, 1984, or brought into use after
that date, any person who owns an underground storage tank system
used for storage, use, or dispensing of regulated substances; (b)
in the case of any underground storage tank system in use before
November 8, 1984, but no longer in use on that date, any person
who owned such an underground storage tank immediately before the
discontinuation of its use; or (c) any person who has assumed
legal ownership of the underground storage tank through the
provisions of a contract of sale or other legally binding transfer
of ownership.
(7) `Person' means any individual, partner, corporation
organized or united for a business purpose, or a governmental
agency.
(8) `Petroleum' and `petroleum product' means crude oil or
any fraction thereof which is liquid at standard conditions of
temperature and pressure (60 degrees Fahrenheit and 14.7 pounds
per square inch absolute), including any such liquid which
consists of a blend of petroleum and alcohol and which is intended
for use as a motor fuel. The terms `petroleum' and `petroleum
product' do not include:
(a) any hazardous substance as defined in Section 101(14) of
the Federal Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (CERCLA);
(b) any substance, other than used oils, regulated as a
hazardous waste under Subtitle C of Title II of the Federal
Resource Conservation and Recovery Act of 1976 (RCRA); or
(c) any mixture of petroleum or a petroleum product
containing any such hazardous substance or hazardous waste in
greater than de minimis quantities.
(9) `Regulated substance' means: (a) any substance defined in
Section 101(14) of CERCLA, but not including any substance
regulated as a hazardous waste under Subtitle C of RCRA; and (b)
petroleum and petroleum products. The term `regulated substance'
includes, but is not limited to, petroleum and petroleum-based
substances comprised of a complex blend of hydrocarbons derived
from crude oil through processes of separation, conversion,
upgrading, and finishing, such as motor fuels, jet fuels,
distillate fuel oils, residual fuel oils, lubricants, petroleum
solvents, and used oils.
(10) `Reimbursement' means providing funds from the Superb
Account for site rehabilitation costs which have been previously
expended at a site. Costs are documented and submitted to the
department in accordance with criteria established by the
department such that sufficient supporting technical and financial
information is provided to the department to justify payment.
(11) `Release' means any spilling, leaking, emitting,
discharging, escaping, leaching or disposing from an underground
storage tank into subsurface soils, groundwater or surface water.
(12) `Site rehabilitation' means cleanup actions taken in
response to a release from an underground storage tank which
includes, but is not limited to, investigation, evaluation,
planning, design, engineering, construction, or other services put
forth to investigate or clean up affected subsurface soils,
groundwater or surface water.
(13) `Site rehabilitation contractor' means any person who
carries out site rehabilitation actions, including persons
retained or hired by these persons to provide services related to
site rehabilitation.
(14) `Underground Storage tank' means any one or combination
of tanks, including underground pipes connected thereto, which is
used to contain an accumulation of regulated substance, and the
volume of which is ten percent or more beneath the surface of the
ground. The term does not include any:
(a) farm or residential tank of one thousand one hundred
gallons or less capacity used for storing motor fuel for
noncommercial purposes;
(b) tank used for storing heating oil for consumptive use on
the premises where stored;
(c) septic tank;
(d) pipeline facility, including gathering line, regulated
under the Federal Natural Gas Pipeline Safety Act of 1968 or the
Federal Hazardous Liquid Pipeline Safety Act of 1979, or any
pipeline facility regulated under state laws comparable to the
provisions of these federal provisions of law;
(e) surface impoundment, pit, pond or lagoon;
(f) storm water or wastewater collection system;
(g) flow-through process tank;
(h) liquid trap or associated gathering lines directly
related to oil or gas production and gathering operations;
(i) storage tank situated in an underground area, such as a
basement, cellar, mineworking, drift, shaft, or tunnel, if the
petroleum storage tank is situated upon or above the surface of
the floor;
(j) hydraulic lift reservoirs, such as for automobile hoists
and elevators, containing hydraulic oil; or
(k) any pipes connected to any tank which is described in
subitems (a) through (j)."
B. Section 44-2-40 of the 1976 Code, as last amended by Act 171 of
1991, Part II, Section 18A, is further amended to read:
"Section 44-2-40. (A)There is created within the state treasury
two separate and distinct accounts to be called the `Superb
Account' and the `Superb Financial Responsibility Fund'. The
Superb Account must be administered by the Department of Health
and Environmental Control. The Superb Financial Responsibility
Fund must be administered by the Budget and Control Board. Both
accounts must be expended for the purposes of this chapter.
(B) The Superb Account is established to ensure the
availability of funds for the rehabilitation of sites contaminated
with petroleum or petroleum products released from an underground
storage tank and for administration of the underground storage
tank regulatory program established in this chapter. The
department shall use the fund to pay the usual, customary, and
reasonable costs of site rehabilitation in excess of twenty-five
thousand dollars and up to a maximum of one million dollars per
occurrence for site rehabilitation as a result of release or
discharge from an underground storage tank containing petroleum or
petroleum products. The department shall use the fund to pay these
costs of site rehabilitation by owners or operators who qualify
for direct billing or reimbursement. The department may use the
fund to clean up any site which does not qualify for direct
billing or reimbursement or any site which does qualify but the
owner or operator is unwilling or unable to undertake site
rehabilitation, and the department shall diligently pursue the
recovery of any sum so incurred from the owner or operator
responsible or from the United States government under any
applicable federal law, unless the department finds the amount
involved too small or the likelihood of success too uncertain. The
fund must be further used for the payment of costs incurred by the
department in providing field and laboratory services and other
assistance by the department in the investigation of alleged
contamination. This fund must not be used for the cleanup of any
other pollutant. Funds in the Superb Account also may not be used
to pay any liability claims against the owners or operators of
underground storage tanks.
(C) The Superb Account must be used by the department for
carrying out the purposes of this chapter. The fund must be
credited with all fees, charges, and judgments allowable under
this chapter. Charges against the Superb Account may be made only
in accordance with the provisions of this chapter. On July 1,
1992, the department shall transfer from the Superb Account into
the Superb Financial Responsibility Fund that amount in the Superb
Account exceeding fifteen million dollars but in no event shall
the amount transferred exceed three million five hundred thousand
dollars. For the period July 1, 1992, until June 30, 1993, at any
time the balance of the Superb Account exceeds fifteen million
dollars, the one-half cent a gallon environmental impact fee
imposed in Section 44-2-60(B) must be credited to the general fund
of the State until that time the balance of the Superb Account
becomes less than five million dollars. Beginning July 1, 1993, at
any time the balance of the Superb Account exceeds fifteen million
dollars, the department shall transfer the funds generated by the
one-half cent a gallon environmental impact fee imposed in Section
44-2-60(B) into the Superb Financial Responsibility Fund until
that time the balance of the Superb Account becomes less than five
million dollars. Beginning July 1, 1993, if the combined balance
of the Superb Account and the Superb Financial Responsibility Fund
reaches the sum of eighteen and one-half million dollars, the
department shall transfer the funds generated by the one-half cent
a gallon environmental impact fee imposed in Section 44-2-60(B) to
the State Treasurer for deposit in the General Fund. The one
hundred dollar registration fee may be used by the Department for
the administration of the underground petroleum storage tank
regulatory program established by this chapter. The amount used
for administration of the program may not exceed three million
dollars a year.
(D) The Superb Financial Responsibility Fund must be used for
compensating third parties for bodily injury and property damages
caused by accidental releases arising from the operation of
underground storage tanks containing petroleum or petroleum
products. The fund shall provide compensation in excess of
twenty-five thousand dollars and up to a maximum of one million
dollars per occurrence, exclusive of legal defense costs. The
Budget and Control Board shall make payment to any third party who
has brought in the appropriate court a legal action against the
owner of a regulated underground storage tank and who has been
awarded a final judgment in the action that is valid and
enforceable in this State."
C. Section 44-2-60 of the 1976 Code, as last amended by Act 473 of
1990, is further amended to read:
"Section 44-2-60. (A)The owner or operator of an underground
storage tank which stores or is intended to store petroleum or
petroleum products shall register the tank with the department.
The owner or operator of the tank shall display a registration
certificate listing all registered tanks at a facility and in
plain view in the office or the kiosk of the facility where the
tanks are registered. Upon application for a registration
certificate, the owner or operator shall pay to the department an
initial registration fee of one hundred dollars a tank and an
annual renewal fee of one hundred dollars a tank a year. The funds
generated by the registration fee may be used by the department
for administration of the provisions of this chapter and for
administration of the underground storage tank regulatory program
established by this chapter. The amount used for administration
may not exceed three million dollars a year.
(B) In addition to the inspection fee of one-fourth cent a
gallon imposed pursuant to Section 39-41-120, an environmental
impact fee of one-half cent a gallon is imposed which must be used
by the department for the purposes of carrying out the provisions
of this chapter. This one-half cent a gallon environmental impact
fee must be paid and collected in the same manner that the
one-fourth cent a gallon inspection fee is paid and collected
except that the monies generated from these environmental impact
fees must be transmitted by the Department of Agriculture to the
Department of Health and Environmental Control which shall deposit
the fees as provided for in Section 44-2-40."
D. Section 44-2-70 of the 1976 Code, as last amended by Act 473 of
1990, is further amended to read:
"Section 44-2-70. (A)No later than January 1, 1990, or after the
federal government mandates financial responsibility for
underground storage tank owners or operators, whichever date is
later, the owner or operator of an underground storage tank
containing petroleum or petroleum products shall maintain
financial responsibility in the lesser amount of that required by
the federal government or in the amount of twenty-five thousand
dollars for corrective action or cleanup of releases, twenty-five
thousand dollars for third party property damage, and twenty-five
thousand dollars for third party bodily injury per occurrence with
an annual aggregate of twenty-five thousand dollars. Financial
responsibility requirements may be maintained through insurance,
guarantee, surety bond, letter of credit, self insurance, risk
retention group, or any other method satisfactory to the
department. No insurance policy, guarantee, surety bond, or any
other financial responsibility mechanism which is executed to
provide this or additional amounts of coverage shall contain any
terms, endorsements, conditions, provisions, or other language
that requires expenditures of funds from the Superb Account or the
Superb Financial Responsibility Fund prior to or in lieu of
payment by the mechanism, and no such financial responsibility
mechanism which has previously been executed shall operate so as
to require the expenditure of funds from the Superb Account or
Superb Financial Responsibility Fund until funds provided by the
financial responsibility mechanisms have been exhausted. The owner
or operator shall demonstrate evidence of financial responsibility
to the department.
(B) The department shall promulgate regulations specifying
requirements for maintaining evidence of financial responsibility,
consistent with the provisions of this chapter, for taking
corrective action and compensating third parties for bodily injury
and property damage caused by sudden and accidental releases
arising from operating an underground storage tank. The funds
established in Section 44-2-40, for the purposes of these
regulations, are acceptable mechanisms for maintaining this
financial responsibility by owners and operators of underground
storage tanks.
(C) The funds established in Section 44-2-40, combined with
the financial responsibility required by this chapter, may be used
by owners and operators of underground storage tanks to
demonstrate their compliance with any financial responsibility
requirements promulgated under federal regulations."
E. Section 44-2-90 of the 1976 Code, as last amended by Act 171 of
1991, Part II, Section 18B, is further amended to read:
"Section 44-2-90. (A)Any interest accruing on the Superb Account
and the Superb Financial Responsibility Fund must be credited to
each respective account.
(B) The environmental impact fee established in Section
44-2-60(B) is abolished on December 31, 1998, provided that the
environmental impact fees due for the month of December, 1998,
must be paid by the end of January, 1999. Funds remaining in the
Superb Account after this date, so long as available, must be used
to pay the costs of site rehabilitation by owners or operators
which were incurred before December 31, 1998, and to pay for site
rehabilitation at orphan sites."
F. Section 44-2-110 of the 1976 Code, as last amended by Act 171
of 1991, Part II, Section 18C, is further amended to read:
"Section 44-2-110. To encourage early detection, reporting, and
cleanup of releases from leaking underground petroleum storage
tanks, the department, within the guidelines established in this
section, shall conduct an early detection incentive program which
provides for a general grace period beginning on January 1, 1988,
and ending on June 30, 1993. Pursuant thereto, the department
shall establish reasonable requirements for the written reporting
of petroleum releases and distribute the forms to all persons
registering tanks under this chapter and to all other interested
parties upon request to be used for the purpose of reporting
petroleum releases. Until the forms are available for
distribution, the department shall take reports of these releases
however made but shall notify any person making a report that a
written report of the release will be required by the department
at a later time, the form for which will be provided by the
department. All sites involving releases from underground storage
tanks reported to the department any time from midnight on
December 31, 1987, to midnight on June 30, 1993, regardless of
whether the release occurred before or after January 1, 1988, are
qualified sites for the expenditure of funds from the Superb
Account, provided that a written report is filed with respect
thereto. Any funds so expended must be absorbed at the expense of
the Superb Account, as available, without recourse to
reimbursement or recovery, subject to the following exceptions:
(1) The provisions of this section do not apply to any site
where the department has initiated an administrative or civil
enforcement action prior to December 31, 1987.
(2) The provisions of this section do not apply to any site
where the department has been denied site access to implement the
provisions of this chapter.
(3) The provisions of this section must not be construed to
authorize or require direct billing to or reimbursement from the
Superb Account for any costs expended at a site which was either
reported to the department or where rehabilitation commenced
before December 31, 1987.
(4) The provisions of this section must not be construed to
authorize or require direct billing to or reimbursement from the
Superb Account for costs incurred at any site reported to the
department between January 1, 1990, and July 1, 1991, unless the
costs are in excess of the minimum financial responsibility
required of the owner under the applicable provision of Section
44-2-70(A) which was in effect at the time the site was reported."
G. Section 44-2-120 of the 1976 Code is amended to read:
"Section 44-2-120. Nothing in this chapter may be construed to
prohibit an owner or operator of an underground storage tank from
conducting site rehabilitation or cleanup through contractors,
subcontractors, or qualified personnel employed by them. However,
the department may prohibit from participating in site
rehabilitation under this chapter any contractor or subcontractor
who:
(a) is not a South Carolina registered professional geologist
or engineer, or is not bonded or insured for the full costs of
site rehabilitation;
(b) has had administrative or civil enforcement action under
the provisions of this chapter taken against him within the last
three years;
(c) has demonstrated repeated noncompliance with criteria for
direct billing or reimbursement established by the department
under Section 44-2-50(B); or
(d) has demonstrated repeated inability to perform site
rehabilitation in accordance with accepted industry standards."
H. Section 44-2-130 of the 1976 Code, as last amended by Act 171
of 1991, Part II, Section 18D, is further amended to read:
"Section 44-2-130. (A) An owner or operator of an underground
storage tank or his agent who conducts rehabilitation for a site
reported prior to or during the grace period of the early
detection incentive program is entitled to directly bill or be
reimbursed from the Superb Account for all usual, customary, and
reasonable costs incurred, except as otherwise provided in Section
44-2-110, in connection with site rehabilitation. For sites
reported subsequent to the grace period and so long as funds are
available in the Superb Account, an owner or operator or his agent
is eligible to directly bill or be reimbursed for usual,
customary, and reasonable costs incurred for site rehabilitation
in excess of twenty-five thousand dollars or in excess of the
amount recoverable from the financial responsibility mechanism
provided for this purpose, whichever is less. If a liability
insurance policy or any other financial responsibility mechanism
which provides coverage for sudden or nonsudden release of
petroleum or petroleum products from an underground storage tank
has been executed for a site at which direct billing or
reimbursement from the Superb Account is sought, no funds may be
expended from the Superb Account until the funds provided by the
financial responsibility mechanism have been exhausted.
(B) Notwithstanding subsection (A), no owner or operator or
his agent is entitled to directly bill or be reimbursed from the
Superb Account more than one million dollars for costs incurred
for site rehabilitation at any one site.
(C)(1) No owner or operator or his agent is entitled to direct
billing or reimbursement from the Superb Account for site
rehabilitation unless rehabilitation is conducted in accordance
with criteria established by the department.
(2) No owner or operator or his agent is entitled to direct
billing or reimbursement from the Superb Account for the costs of
repair or replacement of any tank or equipment.
(D)(1) The provisions of this section do not apply to any site
where the underground storage tanks have not been registered in
compliance with provisions of applicable law or regulations.
(2) The provisions of this section do not apply to any site
where the owner or operator has not paid the registration fee
required by Section 44-2-60(A).
(E) Direct billing to or reimbursement from the Superb Account
by an owner or operator or his agent conducting site
rehabilitation through his own personnel or through contractors or
subcontractors is not considered a state contract for purposes of
procurement or subject to state bid requirements.
(F)(1) Any owner or operator of an underground storage tank or
his agent seeking to qualify for direct billing to or
reimbursement from the Superb Account for site rehabilitation
shall submit a written application to the department. The written
application must be on a form specified by the department and
include certification that site rehabilitation is necessary, the
tanks at the site have been registered in compliance with
applicable law and regulations, and all registration fees have
been paid. The department shall accept certification that the site
is in need of rehabilitation if the certification is provided
jointly by the owner or operator and a South Carolina registered
professional geologist or engineer, and if the certification is
supported with geotechnical data which reasonably justifies the
claim. Upon final determination the department shall provide
written notice to the applicant of its findings including detailed
reasons for any denial. Unless the department provides, within
ninety days of receipt of a complete application, written approval
or denial of the application it must be considered denied. Any
denial of an application must be appealable to the Board of Health
and Environmental Control. The department is exempt from this time
frame for applications which are received within three months of
the close of the grace period allowed in Section 44-2-110.
(2) The owner or operator responsible for conducting the site
rehabilitation or his agents shall keep and preserve suitable
records of hydrological and other site assessments, site plans,
contracts, accounts, invoices, or other transactions related to
the cleanup and rehabilitation and the records must be accessible
to the department during regular business hours.
(G)(1) Any owner or operator of an underground storage tank or
his agent seeking direct billing to the Superb Account must submit
to the department a written request consisting of a plan for site
rehabilitation and an associated cost proposal in accordance with
criteria for direct billing established by the department. The
department shall make payments as expeditiously as possible for
invoices submitted pursuant to the direct billing criteria;
however, payment for any properly justified invoice after ninety
days of receipt shall include interest compounded daily for the
amount of approved costs at the same legal interest rate provided
by Section 34-31-20(A).
(2) Any owner or operator of an underground storage tank or
his agent seeking reimbursement from the Superb Account shall
submit a written request consisting of a detailed technical report
of all assessment and remediation activities undertaken at the
site and proper documentation of costs incurred in accordance with
criteria for reimbursement established by the department. The
department shall make payments as expeditiously as possible for
invoices submitted pursuant to the reimbursement criteria.
However, payment for any properly justified invoice after one
hundred eighty days of receipt shall include interest compounded
in the same manner described in subsection (G)(1) above for
complete applications received by the department after January 1,
1993.
(H) The provisions of this section do not apply to
rehabilitation of any site owned or operated by the federal
government."
I. This section takes effect July 1, 1992.
SECTION 44
TO AMEND SECTIONS 50-21-160 AND 50-23-220 OF THE 1976 CODE,
RELATING TO THE DISPOSITION OF FEES AND FINES FOR WATERCRAFT
VIOLATIONS AND WATERCRAFT AND OUTBOARD MOTOR TITLE FEES, SO AS TO
PERMIT THE FEES ALLOWED TO BE RETAINED BY THE SOUTH CAROLINA
WILDLIFE AND MARINE RESOURCES DEPARTMENT TO BE USED FOR ALL
DEPARTMENTAL PURPOSES.
A. Section 50-21-160 of the 1976 Code is amended to read:
"Section 50-21-160. All fees or fines collected pursuant to
this chapter must be held and utilized for the purpose of paying
the expenses of the division and other department operations.
Twenty-five percent of all fines must be retained by the county in
which the fine is levied."
B. Section 50-23-220 of the 1976 Code is amended to read:
"Section 50-23-220. All fees received and money collected
under the provisions of this chapter must be deposited in the
State Treasury and set apart in a special fund. Appropriations
from this fund must be used for the expenses of the division in
administering the provisions of this chapter or for any purpose
related to the mission of the department."
C. This section takes effect July 1, 1992.
SECTION 45
TO AMEND SECTION 8-11-135 OF THE 1976 CODE, RELATING TO AUTHORITY
OF A STATE AGENCY TO PAY CERTAIN EMPLOYEE MOVING EXPENSES, SO AS
TO DELETE THE REQUIREMENT THAT THE PAYMENT AMOUNT MUST BE APPROVED
BY THE STATE BUDGET AND CONTROL BOARD AND TO REQUIRE THE STATE
AUDITOR IN THE REGULAR AGENCY AUDIT TO DETERMINE COMPLIANCE WITH
THE APPLICABLE REQUIREMENTS FOR SUCH PAYMENTS.
A. Section 8-11-135 of the 1976 Code is amended by deleting item
(e) which reads:
"(e) The amount certified by the agency is approved by the
Budget and Control Board."
B. Section 8-11-135 of the 1976 Code is amended by adding at the
end:
"The State Auditor, in the regular agency audit, shall
determine the agency's compliance with the requirements of this
section for payments for moving expenses."
C. This section takes effect July 1, 1992.
SECTION 46
Deleted
SECTION 47
Deleted
SECTION 48
TO AMEND THE 1976 CODE BY ADDING SECTION 57-5-1140 SO AS TO
PROVIDE FOR INSTALLATION OF RESIDENTIAL RIGHTS-OF-WAY ENTRANCES
AND APRONS TO STATE HIGHWAYS BY THE DEPARTMENT OF HIGHWAYS AND
PUBLIC TRANSPORTATION.
A. The 1976 Code is amended by adding:
"Section 57-5-1140. The department shall construct at its
expense with its maintenance forces the portion within the
right-of-way of entrances and aprons to state highways at any
point necessary to render adequate ingress and egress to the
abutting property at locations where the driveways will not
constitute hazardous conditions. The driveways must be of access
to existing developed property or property that is being developed
for the personal use of the owner and not for speculative or
resale purposes. An entrance ten feet wide (paved portion)
measured at right angles to the centerline of the driveway is the
maximum width for one-way traffic. An entrance sixteen feet wide
(paved portion) is the maximum width for two-way traffic. If pipe
culvert is necessary for drainage, the department shall install
the amount necessary for twelve inch, fifteen inch, eighteen inch,
twenty-four inch, or thirty inch pipe. Should the driveway
installation require pipe larger than thirty inches, the
department may install the pipe and charge the homeowner for the
difference in cost between thirty inch pipe and larger diameter
pipe required. Driveways requiring drainage structures other than
pipe must be brought to the attention of the State Maintenance
Engineer. The entrances to be constructed as outlined in this
section shall include base and surfacing as necessary to provide
an all weather driveway entrance. If wider entrances or
additional entrances are requested and approved, the construction
may be performed by the department at the owner's expense."
B. This section takes effect July 1, 1992.
SECTION 49
Deleted
SECTION 50
Deleted
SECTION 51
Deleted
SECTION 52
TO AMEND SECTION 12-7-1235 OF THE 1976 CODE, RELATING TO
THE STATE INCOME TAX CREDIT FOR PAYMENTS BY THE TAXPAYER TO
INSTITUTIONS PROVIDING SKILLED OR INTERMEDIATE CARE, SO AS TO
CHANGE THE REFERENCE TO SKILLED OR INTERMEDIATE CARE TO NURSING
FACILITY LEVEL OF CARE AND TO EXTEND THE CREDIT TO PAYMENTS FOR
IN-HOME OR COMMUNITY CARE FOR PERSONS DETERMINED TO MEET NURSING
FACILITY LEVEL OF CARE CRITERIA AS CERTIFIED BY A LICENSED
PHYSICIAN.
A. Section 12-7-1235 of the 1976 Code is amended to read:
"Section 12-7-1235. For South Carolina income tax purposes, an
individual taxpayer is allowed a credit against the tax due of
twenty percent, not to exceed three hundred dollars, of the
expenses paid by the taxpayer for his own support or the support
of another to an institution providing nursing facility level of
care or paid to a provider for in-home or community care for
persons determined to meet nursing facility level of care criteria
as certified by a licensed physician. No credit is allowed for
expenses paid from public source funds. This credit is
nonrefundable."
B. This section is effective for taxable years beginning after
1991.
SECTION 53
TO AMEND SECTION 44-7-84, AS AMENDED, OF THE 1976 CODE,
RELATING TO MEDICAID NURSING HOME BEDS, SO AS TO DELETE THE
MEDICAID NURSING HOME BED FEE.
A. Section 44-7-84 of the 1976 Code, as last amended by Act 171
of 1991, is further amended by deleting subsection (D) which
reads:
"(D)(1) The department shall assess each nursing home an annual
administrative fee of five dollars for each patient day used for
the issuance and administration of the Medicaid days permit
program. The funds generated from this fee must be remitted to
the State Treasurer and credited to the general fund of the State.
(2) Within ninety days from the collection, but not later
than January first of each year, the department shall submit a
report to the House of Representatives Ways and Means Committee
and to the Senate Finance Committee detailing the fees collected
by the facility. The General Assembly annually shall review the
assessment and collection of the fee."
B. This section takes effect October 1, 1992.
SECTION 54
Deleted
SECTION 55
Deleted
SECTION 56
TO PROVIDE THAT FOR FISCAL YEARS 1987-88, 1988-89, 1989-90, AND
1990-91, TEN FIFTY-FIFTHS OF DOCUMENTARY STAMP TAX REVENUES
COLLECTED BY THE SOUTH CAROLINA TAX COMMISSION MUST BE PAID TO THE
HERITAGE LAND TRUST FUND.
Notwithstanding the provisions of Section 12-21-380, for fiscal
year 1987-88, fiscal year 1988-89, fiscal year 1989-90, and fiscal
year 1990-91, 10/55 of the amount collected by the commission
pursuant to that section must be paid to the Heritage Land Trust
Fund.
SECTION 57
Deleted
SECTION 58
TO AMEND THE 1976 CODE BY ADDING SECTION 11-9-140 SO AS TO
AUTHORIZE A STATE AGENCY TO CONTRACT BY THE COMPETITIVE BIDDING
PROCESS, FOR THE SALE OF ADVERTISING SPACE, TO PROVIDE FOR THE
DISTRIBUTION OF THE ADVERTISING REVENUE, TO PROVIDE THE
REQUIREMENTS WHICH THE ADVERTISING AND THE SALE OF THE ADVERTISING
MUST MEET TO PROVIDE A PROCEDURE FOR WRITTEN OBJECTION TO
ADVERTISING PLACED PURSUANT TO THE PROVISIONS OF THIS SECTION.
Article 1, Chapter 9 of Title 11 is amended by adding:
"Section 11-9-140. (A) A state agency may contract to sell
commercial advertising space in locations such as its
publications, buildings, facilities, and on its vehicles, in
exchange for cash payment. All money received pursuant to a
contract entered into under this section must be deposited to the
credit of the advertising contract fund, which is hereby created
in the state treasury. Of the money credited to the fund, the
state agency that contracted to sell the advertising space must be
given forty percent of the revenues generated from the selling of
space and reimbursed for expenses incurred. The money not given
to the agency or instrumentality must be transferred to the
general revenue fund.
(B) An advertisement displayed in advertising space sold under
this section must meet the following restrictions:
(1) it must not promote or oppose any political candidate,
issue, or organization;
(2) it must not be libelous and must not promote alcohol or
tobacco or any illegal product or service;
(3) it must be tasteful and inoffensive;
(4) it must not promote discrimination on the basis of the
race, color, religion, national origin, handicap, age, sex, or
ancestry of any person;
(5) it must comply with any controlling federal or state
regulations or restrictions, and any applicable local zoning or
outdoor graphics regulations;
(6) it must clearly indicate the advertiser's identity and
state that the advertiser is not the State or any state agency or
instrumentality;
(7) it must clearly indicate that the State does not endorse
the product or service promoted by the advertisement and makes no
representations about the accuracy of the advertisement or the
quality or performance of the product or service promoted by the
advertisement.
(C) Contracts entered into under this section must be awarded
only by competitive bidding and to the highest bidder. Such a
contract may be entered into only if there is a reasonable
anticipation that the contract will produce a profit for the State
or the contracting state agency or instrumentality. No state
agency shall publish any document, construct any building or
facility, or purchase any vehicle for the purpose of displaying
advertisements if the publication, construction, or purchase is
unnecessary to the ordinary conduct of its official duties. No
state agency or instrumentality shall erect any freestanding
outdoor billboard or sign pursuant to this section, except that
the Department of Transportation may erect at each roadside rest
area under its control not more than three freestanding outdoor
signs, each having a surface area for advertising space not
exceeding forty square feet.
(D) No state agency shall artificially inflate expenses in
connection with any contract entered into under this section.
(E) No person has a cause of action against the State or any
state agency because of the content of or any representation made
in an advertisement authorized by a contract entered into under
this section.
(F) Upon the filing of a written objection by any individual
that an advertisement placed pursuant to this section violates the
restrictions on advertisements set forth, the board of the
respective agency shall make a determination regarding the alleged
violation. If the board determines that the advertisement
violates the restrictions, it shall notify the state agency that
sold the advertising space of the violation. The agency or
instrumentality shall then take appropriate steps to promptly
correct the violation.
(G) Not later than the thirty-first day of January of each
year, the board of each agency selling advertising space shall
submit a report to the Governor, the President of the Senate, and
the Speaker of the House of Representatives describing the
opportunities for and results of sales of commercial advertising
space by state agencies.
(H) The institutions of higher education and the South
Carolina Department of Parks, Recreation and Tourism are exempt
from the provisions of this section."
SECTION 59
TO AMEND THE 1976 CODE BY ADDING SECTION 12-21-3610 SO AS TO
EXTEND THE SALES TAX TO THE GROSS PROCEEDS OF BINGO GAMES EXCEPT
FOR BINGO GAMES HELD UNDER A CLASS E LICENSE.
A. Article 12, Chapter 21, Title 12 of the 1976 Code is amended
by adding:
"Section 12-21-3610. The sales and use tax imposed pursuant to
Chapter 36 of Title 12 applies on gross proceeds from the game of
bingo as provided in this chapter, but this section does not apply
to bingo games held under a CLASS E license."
B. This section takes effect July 1, 1992.
SECTION 60
TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-725 SO AS TO
PROVIDE THAT ANY PERSON CONVICTED OF, PLEADING GUILTY OR NOLO
CONTENDERE TO, OR POSTING BOND FOR A TRAFFIC VIOLATION FOR WHICH
POINTS ARE ASSESSED PURSUANT TO SECTION 56-1-720 MUST PAY AN
ADDITIONAL ASSESSMENT OF FIVE DOLLARS, NO PORTION OF WHICH MAY BE
SUSPENDED.
A. Chapter 1 of Title 56 is amended by adding:
"Section 56-1-725. A person convicted of, pleading guilty or
nolo contendere to, or posting bond for a traffic violation for
which points are assessed pursuant to Section 56-1-720 must pay an
additional assessment of five dollars, no portion of which may be
suspended. This assessment is not considered part of any fine
imposed for the offense. The proceeds of the assessment herein
provided must be deposited to the credit of the general fund of
the State."
B. This section takes effect July 1, 1992.
SECTION 61
Deleted
SECTION 62
TO AMEND THE 1976 CODE, BY ADDING SECTION 12-7-2419 SO AS TO
PROVIDE A DESIGNATION ON INCOME TAX FORMS TO CONTRIBUTE TO AN
ELDERCARE TRUST FUND; AND TO ADD SECTIONS 43-21-160, 43-21-170,
AND 43-21-180 SO AS TO PROVIDE FOR THE CREATION AND ADMINISTRATION
OF THE ELDERCARE TRUST FUND OF SOUTH CAROLINA.
A. The 1976 Code is amended by adding:
"Section 12-7-2419. (A) Each taxpayer required to file a state
income tax return who desires to contribute to the Eldercare Trust
Fund of South Carolina as created by Section 43-21-160 may
designate the contribution on the appropriate state income tax
form. The contribution may not decrease the income tax liability
of any taxpayer and may be made by reducing the income tax refund
of any taxpayer by the amount designated or by accepting
additional payment from the taxpayer by the amount designated,
whichever is appropriate.
(B) All South Carolina income tax return forms must contain a
designation for a contribution to the Eldercare Trust Fund of
South Carolina. The instructions accompanying income tax forms
must contain a description of the purpose for which the Eldercare
Trust Fund was established and the use of monies from the income
tax contribution. Contributions of other amounts may be made
directly to the Eldercare Trust Fund.
(C) Taxpayers who are entitled to refunds shall have the
refunds reduced by the amount designated by the taxpayer. The
commission shall determine annually the total amount so
designated, plus the amount received in excess payments and shall
report the total amount to the South Carolina Commission on Aging.
The commission shall transfer the total amount to the Eldercare
Trust Fund at the earliest possible time.
(D) The incremental cost of administration of the contribution
must be paid by the trust fund from amounts received pursuant to
this section."
B. The 1976 Code is amended by adding:
"Section 43-21-160. (A) There is created the Eldercare Trust Fund
of South Carolina to be administered by the South Carolina
Commission on Aging.
(B) All monies received from the voluntary contribution system
established in Section 12-7-2419 or any other contribution, gift,
or bequest must be placed on deposit with the State Treasurer in
an interest-bearing account.
(C) These funds must be used to award grants to public and
private nonprofit agencies and organizations to establish and
administer innovative programs and services that assist older
persons to remain in their homes and communities with maximum
independence and dignity.
(D) The Eldercare Trust Fund shall supplement and augment
programs and services provided by or through state agencies but
may not take the place of these programs and services.
(E) The South Carolina Commission on Aging shall carry out all
activities necessary to administer the fund.
Section 43-21-170. In administering the Eldercare Trust Fund,
the commission may, but is not limited to:
(1) assess the critical needs of the frail elderly and
establish priorities for meeting these needs;
(2) receive gifts, bequests, and devises for deposit and
investment into the trust fund for awarding grants to public and
private nonprofit organizations;
(3) solicit proposals for programs that are aimed at meeting
identified service needs;
(4) provide technical assistance to public and private
nonprofit organizations, when requested, in preparing proposals
for submission;
(5) establish criteria for awarding grants; and
(6) enter into contracts for the awarding of grants to public
and private nonprofit organizations.
Section 43-21-180. (A) Until the assets of the trust fund exceed
five million dollars, not more than seventy-five percent of the
amount deposited in the trust fund each year from contributions
plus all earnings from the investment of monies of the trust fund
credited during the previous fiscal year, after allowances for
operating expenses, is available for disbursement upon
authorization of the commission.
(B) When the assets in the trust fund exceed five million
dollars, all credited earnings plus all future annual deposits to
the trust fund from contributions are available for disbursement
upon authorization of the commission."
C. This section takes effect July 1, 1992.
SECTION 63
Deleted
SECTION 64
TO AMEND THE 1976 CODE BY ADDING SECTION 12-9-40, SO AS TO
REQUIRE INCOME TAX WITHHOLDING ON DISTRIBUTIONS TO NONRESIDENT
SHAREHOLDERS OF `S' CORPORATIONS AND NONRESIDENT PARTNERS, TO
PROVIDE THE RATE AND PROCEDURES FOR THE WITHHOLDING, AND TO
PROVIDE EXCEPTIONS.
Article 1, Chapter 9, Title 12 of the 1976 Code is amended by
adding:
"Section 12-9-40. (A)Corporations having a valid `S' election
for South Carolina income tax purposes are required to withhold
income taxes at a rate of five percent on a nonresident
shareholder's share of South Carolina taxable income of the
corporation, whether distributed or undistributed, and pay the
withheld amount to the commission in the manner prescribed by the
commission. For a taxable year beginning after 1991 the
corporation shall make a return and pay over the withheld funds on
or before the fifteenth day of the third month following the close
of its tax year. Taxes withheld in the name of the nonresident
shareholder must be used as credit against taxes due at the time
the nonresident files income taxes for the taxable year.
(B) An `S' corporation required to withhold taxes on
distributed or undistributed income shall make a return with each
payment of tax to the commission disclosing on the return the
names, taxpayer identification numbers, the total amount of South
Carolina taxable income paid or credited to each nonresident
shareholder, the tax withheld for each nonresident shareholder,
and any other information the commission requires. The `S'
corporation shall furnish to each nonresident shareholder a
written statement as required by Section 12-9-610 as proof of the
amount of his share of distributed or undistributed income that
has been withheld.
(C) Partnerships are required to withhold income taxes at a
rate of five percent on a nonresident partner's share of South
Carolina taxable income of the partnership, whether distributed or
undistributed, and pay the withheld amount to the commission in
the manner prescribed by the commission. For a taxable year
beginning after 1991 the partnership shall make a return and pay
over the withheld funds on or before the fifteenth day of the
fourth month following the close of its tax year. Taxes withheld
in the name of the nonresident partner must be used as credit
against taxes due at the time the nonresident files income taxes
for the taxable year.
(D) A partnership required to withhold taxes on distributed or
undistributed income shall make a return with each payment of tax
to the commission disclosing on the return the names, taxpayer
identification numbers, the total amount of South Carolina taxable
income paid or credited to each nonresident partner, the tax
withheld for each nonresident partner, and any other information
the commission requires. The partnership shall furnish to each
nonresident shareholder a written statement as required by Section
12-9-610 as proof of the amount of his share of distributed or
undistributed income that has been withheld.
(E)(1) For purposes of computing the penalty under Section
12-54-55, the amount withheld is deemed a payment of estimated
tax, and an equal part of the amount is deemed paid on each
estimated tax due date for the previous taxable year.
(2) If an `S' corporation or partnership is subject to
withholding on the sale of real property pursuant to Article 6 of
this chapter, the `S' corporation or partnership is exempt from
withholding on income attributable to the sale under this section.
(3) If a nonresident shareholder or partner files an
affidavit with the commission in a form acceptable to the
commission by which he agrees that he is subject to the personal
jurisdiction of the commission and the courts of this State for
the purpose of determining and collecting any South Carolina
taxes, including estimated taxes, together with any related
interest and penalties, then the `S' corporation or partnership is
not required to withhold with regard to that shareholder or
partner. The commission may revoke an exemption granted by this
item at any time it determines that the nonresident shareholder or
partner is not abiding by its terms.
(F) The commission is authorized to require such returns and
other information as it considers appropriate to administer the
provisions of this section, and to issue rulings and promulgate
regulations as necessary or appropriate to implement this
section."
SECTION 65
TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-465, SO AS TO
PROHIBIT THE USE OF FUNDS FROM THE INSURANCE RESERVE FUND OR OTHER
RESERVE FUNDS TO PAY LEGAL FEES AND ASSOCIATED COSTS TO DEFEND
STATE OR LOCAL OFFICERS FROM A 1983 ACTION ARISING OUT OF
REDISTRICTING.
Chapter 11, Title 1 of the 1976 Code is amended by adding:
"Section 1-11-465. Notwithstanding any other provision of law,
no funds may be expended from the Insurance Reserve Fund or any
other reserve fund to pay for legal fees or associated costs to
defend any officer of the State, its agencies, or political
subdivisions against any legal action under United States Code
Section 1983 relating to redistricting of any governmental
entity."
SECTION 66
Deleted
SECTION 67
Deleted
SECTION 68
Deleted
SECTION 69
TO AMEND CHAPTER 31, TITLE 56 OF THE 1976 CODE, RELATING TO
THE RENTAL OF PRIVATE PASSENGER MOTOR VEHICLES, BY ADDING SECTION
56-31-50 SO AS TO PROVIDE THAT RENTAL COMPANIES ENGAGED IN THE
BUSINESS OF RENTING PRIVATE PASSENGER MOTOR VEHICLES FOR PERIODS
OF THIRTY-ONE DAYS OR LESS SHALL COLLECT CERTAIN SURCHARGES
ON ALL RENTAL CONTRACTS, PROVIDE FOR THE USE OF THE REVENUE
GENERATED BY THESE SURCHARGES, PROVIDE FOR A MISDEMEANOR OFFENSE
AND PENALTIES, AND PROVIDE FOR THE PROMULGATION OF REGULATIONS BY
THE TAX COMMISSION.
A. The 1976 Code is amended by adding:
"Section 56-31-50. (A)Rental companies engaged in the business
of renting private passenger motor vehicles for periods of
thirty-one days or less shall collect, at the time the vehicle is
rented in South Carolina, a five percent surcharge in each rental
contract. For purposes of this section, a vehicle is rented in
South Carolina if it is picked up by the renter in South Carolina.
The surcharge must be computed on the total amount stated in the
rental agreement, except that taxes imposed by Chapter 36 of Title
12 must not be used in computing the surcharge, and the surcharge
is not subject to the taxes imposed by Chapter 36 of Title 12.
(B) The surcharge must be noted in the rental contract and
collected in accordance with the terms of the contract. The
surcharges must be retained by the vehicle owner or the rental
company engaged in the business of renting private passenger motor
vehicles. Surcharges collected pursuant to this section may be
used only by the vehicle owner or the rental company for
reimbursement of the amount of personal property taxes imposed and
paid upon these vehicles by the vehicle owner or rental company as
provided by law.
(C) On February fifteenth of each year all rental companies
engaged in the business of renting private passenger motor
vehicles which collect surcharges pursuant to this section shall
file a report with the South Carolina Tax Commission stating the
total amount of South Carolina personal property taxes on private
passenger motor vehicles paid in the previous calendar year, the
total amount of private passenger motor vehicle rental revenues
earned on rentals in South Carolina for the previous calendar
year, and the amount by which the total amount of the surcharges
for the previous year exceeds the total amount of personal
property taxes on private passenger motor vehicles paid for the
previous calendar year. All surcharge revenues collected in excess
of the total amount of personal property taxes on private
passenger motor vehicles must be remitted to the Tax Commission
for deposit in the state general fund.
(D) Any rental company which makes a false report to the Tax
Commission with the intent to misrepresent the amount of personal
property taxes on private passenger motor vehicles paid or the
amount of surcharges collected is guilty of a misdemeanor and,
upon conviction, must be punished by a fine not exceeding one
thousand dollars or by a term of imprisonment not exceeding one
year or both. Each violation constitutes a separate offense.
(E) The South Carolina Tax Commission shall promulgate those
regulations necessary to implement the provisions of this section
and shall provide the necessary forms to meet the filing
requirements of this section."
B. Subsection A of this section takes effect July 1, 1992, except
that the surcharges to be imposed beginning on July 1, 1992, as
provided in Section 56-31-50 of the 1976 Code, as added pursuant
to subsection A of this section, shall first be used on February
15, 1994, to reimburse those property taxes paid during the year
1993. All of the surcharges collected for the period July 1, 1992,
to December 31, 1992, shall accrue to the general fund of the
State.
SECTION 70
TO AMEND SECTION 13-7-30 OF THE 1976 CODE, RELATING TO THE
POWERS AND DUTIES OF THE STATE BUDGET AND CONTROL BOARD IN REGARD
TO RADIOACTIVE WASTE, SO AS TO PROVIDE THAT NO MORE THAN TWO
MILLION, FIVE HUNDRED THOUSAND DOLLARS A FISCAL YEAR MAY BE PAID
TO THE GOVERNING BODY OF BARNWELL COUNTY FROM THE SURCHARGES AND
PENALTY SURCHARGES COLLECTED AT THE BARNWELL FACILITY AND TO
FURTHER PROVIDE FOR THE USE OF THE REMAINING FUNDS GENERATED FROM
THE COLLECTION OF THESE SURCHARGES AND PENALTY SURCHARGES; TO
AMEND SECTION 48-47-30, RELATING TO THE DEFINITIONS IN REGARD TO
THE SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT
COMPACT, SO AS TO REVISE THE DEFINITION OF "REGIONAL FACILITY" TO
AUTHORIZE THE BARNWELL FACILITY TO REMAIN THE REGIONAL FACILITY
UNTIL JANUARY 1, 1996; TO AMEND SECTION 48-48-30, RELATING TO
LIMITS ON THE AMOUNT OF WASTE WHICH MAY BE DISPOSED OF AT THE
BARNWELL FACILITY, SO AS TO EXTEND THE LIMIT ON THE AMOUNT
OF WASTE WHICH MAY BE DISPOSED OF AT THE BARNWELL FACILITY TO TEN
MILLION CUBIC FEET THROUGH JANUARY 1, 1996, NOT TO EXCEED ONE
MILLION, TWO HUNDRED THOUSAND CUBIC FEET OF WASTE FOR A CALENDAR
YEAR; TO AMEND SECTION 48-48-80, RELATING TO LEGISLATIVE
AUTHORIZATION FOR CONTINUED OPERATION OF THE LOW-LEVEL WASTE
DISPOSAL FACILITY LOCATED NEAR BARNWELL, SO AS TO AUTHORIZE THAT
FACILITY TO CONTINUE TO OPERATE, AND ALSO SERVE AS THE REGIONAL
DISPOSAL FACILITY FOR THE SOUTHEAST REGION UNTIL JANUARY 1, 1996,
UNDER CERTAIN CONDITIONS; TO AMEND SECTION 48-48-90, RELATING TO
THE CARRY-FORWARD OF UNUSED ANNUALIZED SITE CAPACITY, SO AS TO
PROVIDE THAT THE TOTAL AMOUNT OF WASTE WHICH MAY BE DISPOSED OF AT
THE FACILITY PRIOR TO DECEMBER 31, 1995, IS TEN MILLION CUBIC FEET
AND EXTEND THE CARRY-FORWARD PROVISION TO DECEMBER 31, 1995; AND
TO PROVIDE THAT IF THE STATE OF NORTH CAROLINA ISSUES A PERMIT FOR
A HAZARDOUS WASTE OR SOLID WASTE FACILITY AT A SITE LOCATED WITHIN
ONE MILE OF THE BORDER OF A NEIGHBORING STATE AFTER THE EFFECTIVE
DATE OF THIS SECTION, LOW-LEVEL WASTE GENERATED OUTSIDE OF THE
STATE OF SOUTH CAROLINA MAY NOT BE DISPOSED AT THE LOW-LEVEL
RADIOACTIVE WASTE FACILITY LOCATED AT BARNWELL AFTER THE DATE OF
ISSUANCE OF THE PERMIT BY THE STATE OF NORTH CAROLINA OR JANUARY
1, 1993, WHICHEVER DATE IS LATER.
A. Section 13-7-30(7)(e) of the 1976 Code is amended to read:
"(e) Of the remaining balance from the surcharge after the
allocation provided in subitem (d), together with all penalty
surcharges, the Treasurer shall remit ten percent of the balance
to the governing body of Barnwell County; provided, that in no
event shall the Treasurer remit more than two million, five
hundred thousand dollars a fiscal year to the governing body of
Barnwell County pursuant to this section. All funds thereafter
not otherwise allocated by law must be deposited in the general
reserve fund of the State. If the amount deposited exceeds the
amount necessary to fund the general reserve fund of the State on
a fiscal year basis, then such funds must be deposited in the
general fund of the State."
B. Section 48-47-30(10) of the 1976 Code is amended to read:
"10. `Regional facility' means (1) a facility as defined in
this article which has been designated, authorized, accepted, or
approved by the commission to receive waste or (2) the disposal
facility in Barnwell County, South Carolina, owned by the State of
South Carolina and as licensed for the burial of low-level
radioactive waste on July 1, 1982, but in no event shall this
disposal facility serve as a regional facility beyond January 1,
1996."
C. Section 48-48-30 of the 1976 Code is amended to read:
"(A) The regional disposal facility located at Barnwell may
accept not more than ten million cubic feet of low-level
radioactive waste during the period beginning January 1, 1986, and
ending January 1, 1996. The facility shall accept no waste from
out of the region if receipt of such waste would result in
disposal in excess of one million, two hundred thousand cubic feet
of waste for a calendar year, except as otherwise provided in this
chapter."
D. Section 48-48-80 of the 1976 Code is amended to read:
"Section 48-48-80. (A) Beginning no later than January 1, 1996,
the disposal facility located at Barnwell shall cease to accept
radioactive waste from outside the borders of the State. Further
operation of the facility beyond January 1, 1993, must be as
provided in this section and by law. In accordance with Section
13-7-30, the State Budget and Control Board, or its designee, is
responsible for extended custody and maintenance of the Barnwell
site following closure and license transfer from the facility
operator. The department is responsible for continued site
monitoring.
(B) The Barnwell site shall continue to serve as the disposal
facility for the Southeast Interstate Low-Level Radioactive Waste
Management Compact until January 1, 1996, subject to the following
conditions:
(1) The site must cease serving as a facility for the compact
if North Carolina has a permanent or temporary site ready to
receive the region's waste before January 1, 1996.
(2) North Carolina must exclude any site within ten miles of
a neighboring state by December 31, 1993.
(3) North Carolina must not site a low-level waste storage or
disposal facility at a location which will pose a threat to human
health, the environment, or water resources in contiguous states.
(C) If North Carolina fails to satisfy any one of the
conditions set forth in (B)(2) or (B)(3) or if North Carolina
selects a site for the storage or disposal of low-level
radioactive waste within ten miles of a neighboring state the
following shall result:
(1) The Barnwell site must immediately cease to accept
low-level waste generated in North Carolina.
(2) The Barnwell site must cease to accept waste from outside
the State as of June 30, 1994. The South Carolina Department of
Health and Environmental Control shall make determinations whether
the conditions set forth herein are satisfied and report its
findings to the President of the Senate, the Speaker of the House,
and the Governor.
(D) As a further condition of the continued operation of the
Barnwell site as a regional low-level radioactive waste disposal
site until January 1, 1996, the State of North Carolina must
comply with the following milestones:
(1) The State of North Carolina must submit a completed
regional disposal facility license application to all appropriate
government agencies prior to December 31, 1993.
(2) A regional disposal facility operating license must be
approved by all appropriate government agencies prior to March 15,
1995.
(E) The State of North Carolina shall notify the Southeast
Compact Commission and the South Carolina Department of Health and
Environmental Control on each milestone date as to whether the
milestone has been accomplished, and the Compact Commission shall
so certify. The South Carolina Department of Health and
Environmental Control shall certify whether or not the milestones
have been met and report its findings to the President of the
Senate, the Speaker of the House, and the Governor. If any
milestone is not accomplished, payment from a fund established by
the Commission, and funded by a surcharge imposed prior to
December 31, 1992, on generators of low-level waste within the
Southeast region other than generators located in this State, in
the amount of five million dollars must be made to the State of
South Carolina.
The failure of North Carolina or the Southeast Compact
Commission to satisfy any one of the milestones by the prescribed
dates shall require the Barnwell site to cease to operate one year
from the date that the milestone was to be met.
(F) As a further condition beginning January 1, 1993, the
Southeast Compact Commission shall not approve any agreements
allowing acceptance of nonregion waste unless such agreements
provide for the assessment of a fee equal to or greater than one
hundred sixty dollars per cubic foot.
(G) Beginning July 1, 1994, in addition to the requirement set
forth in Section 48-47-70(9) for an affirmative vote of both
representatives from the State of South Carolina to the Southeast
Low-Level Radioactive Waste Management Compact Commission to
accept the importation of waste from outside the southeast region,
the General Assembly, by a concurrent resolution, must authorize
the facility at Barnwell to accept the importation of waste
generated outside the region before such waste may be disposed at
the Barnwell facility.
(H) If the continued availability after December 31, 1992, of
the site to the compact is declared in violation of, or
inconsistent with, the compact by a court of competent
jurisdiction because of the conditions set forth in this section
or by law, the facility shall cease to accept waste generated in
North Carolina immediately and from outside the State or from
other Southeastern Compact states as of July 1, 1994.
(I) Nothing in this section must be construed to alter or
diminish the existing statutory authority of the South Carolina
Department of Health and Environmental Control to regulate
activities involving radioactive materials or radioactive wastes."
E. Section 48-48-90 of the 1976 Code is amended to read:
"Section 48-48-90. The site operator may carry forward to any
subsequent year unused annual site capacity up to two hundred
thousand cubic feet whenever the site does not receive as much as
one million, two hundred thousand cubic feet in a calendar year.
In no calendar year may this carry-forward be used by the site
operator to accept for disposal or storage an amount of waste in
excess of one million, four hundred thousand cubic feet by
operation of this or any other section. The use of this
carry-forward of unused annualized site capacity may not result in
disposal or storage of waste in excess of ten million cubic feet
of waste prior to December 31, 1995.
No carry-forward of site capacity may be used after December
31, 1995."
F. If the State of North Carolina issues a permit for a hazardous
waste or solid waste facility at a site located within one mile of
the border of a neighboring state after the effective date of this
act, low-level waste generated outside of the State of South
Carolina may not be disposed at the low-level radioactive waste
facility located at Barnwell after the date of issuance of the
permit by the State of North Carolina or January 1, 1993,
whichever date is later.
G. This section takes effect upon approval of the Governor.
SECTION 71
TO AMEND SECTION 12-27-1270, AS AMENDED, OF THE 1976 CODE,
RELATING TO THE ECONOMIC DEVELOPMENT ACCOUNT, SO AS TO INCREASE
FROM TEN TO FIFTEEN MILLION DOLLARS OF THE AMOUNT SHIMS REVENUES
THAT MUST BE CREDITED TO THE ACCOUNT IN A FISCAL YEAR AND TO AMEND
A JOINT RESOLUTION OF 1992 BEARING RATIFICATION NUMBER 409,
RELATING TO A TEN MILLION DOLLAR INCREASE IN THE ECONOMIC
DEVELOPMENT ACCOUNT FOR FISCAL YEAR 1992-93, SO AS TO CONFORM THE
RESOLUTION TO THE PROVISIONS OF THIS SECTION.
A. Section 12-27-1270 of the 1976 Code, as last amended by Act
171 of 1991, is further amended to read:
"Section 12-27-1270. The first fifteen 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 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
fund balance of fifteen million dollars but not to exceed fifteen
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."
B. Section 1 of a joint resolution of 1992 bearing ratification
number 409 is amended to read:
"Section 1. Notwithstanding the provisions of Section
12-27-1270 of the 1976 Code and from July 1, 1992, through June
30, 1993, only, the first twenty-five million dollars rather than
the first fifteen million dollars generated from the tax imposed
pursuant to Article 13, Chapter 27, Title 12 of the 1976 Code must
be segregated in the separate economic development account and the
additional ten million dollars must be used for a special economic
development project. If the additional revenues are not needed
for this special project, the ten million dollars revert to the
SHIMS Fund."
C. This section takes effect July 1, 1992.
SECTION 72
TO AMEND SECTION 6-10-30 OF THE 1976 CODE, RELATING TO BUILDING
CODES, SO AS TO ALLOW CERTAIN EXCEPTIONS TO PROMOTE AFFORDABLE
HOUSING; TO AMEND SECTIONS 58-25-40, AS AMENDED, AND 58-25-60,
RELATING TO REGIONAL TRANSPORTATION AUTHORITIES, SO AS TO PROVIDE
FOR PER DIEM OF MEMBERS UNDER CERTAIN CONDITIONS AND LIMIT SOURCES
AND USES OF REVENUES; AND TO PROHIBIT INTEGRATED RESOURCE PLAN
REQUIREMENTS FOR GAS UTILITIES UNDER CERTAIN CIRCUMSTANCES.
A. Section 6-10-30(d) of the 1976 Code is amended by adding at
the end:
"To facilitate the affordability of purchases of housing,
single pane windows and minimum thermal resistance ratings of R-19
for ceilings and R-11 for floors may be used provided the builder
discloses the insulation levels to the buyer. The disclosure must
be on a form available from the South Carolina Residential
Builders Commission and a copy must be submitted to the commission
which must keep it for thirteen years."
B. Section 58-25-40(1) of the 1976 Code, as last amended by Act
202 of 1989, is further amended by adding at the end:
"Per diem may be paid to regional transportation authority
members only in cases of extensive services rendered and approved
by a two-thirds vote of the authority."
C. Section 58-25-60 of the 1976 Code is amended to read:
"Section 58-25-60. The intended mechanism for raising the
necessary local funds to support the operation of the authority
must be set forth in the agreement provided for in Section
58-25-30. The declaration of intended sources of local funds does
not preclude the use of other local, state, or federal sources
which subsequently become available except for state highway
construction funds which may not be used. The agreement may be
amended specifically to recognize new sources. Local funds may be
generated from the following existing sources of revenue,
including, but not limited to, a local sales tax approved pursuant
to Chapter 10, Title 4, business license tax, and franchise fees,
notwithstanding other provisions of law. These sources are not
intended to be exclusive. A vehicle registration fee may be
levied by the governing bodies of the member cities and counties
on the motor vehicles registered within the service area of the
authority. If this mechanism is used, the amount of the vehicle
registration fee must be set forth in the agreement and must be
approved by the qualified electors within the proposed service
area if an election is required by Section 58-25-30. The
authority shall request the members of the General Assembly
representing its service area to approve increases in the
registration fee. Unless these members of the General Assembly by
majority vote approve the increase, no increases may be imposed.
This registration fee must be added to the personal property tax
notice collected as a part of the personal property tax and the
fee rebated to the authority.
Property tax revenue must not be used to support operation of
the authority unless the authority has been approved by referendum
pursuant to Section 58-25-30 or unless the use of the tax for this
purpose is approved by each governing body of the cities or
counties providing funding to the authority."
D. Procedures for integrated resource planning for utilities
providing natural gas services may be recommended but no
integrated resource planning reporting may be required of
utilities providing natural gas services unless and until
integrated resource planning procedures for utilities providing
natural gas services are adopted by the Public Service Commission.
E. The provisions of the South Carolina Energy Conservation and
Efficiency Act of 1992 terminate July 1, 1994, unless reauthorized
by the South Carolina General Assembly.
F. The amendments to Sections 6-10-30(d), 58-25-40(1), and
58-25-60 and provisions contained in Sections D and E of this
section are the last expressions of the General Assembly
notwithstanding provisions of the South Carolina Energy
Conservation and Efficiency Act of 1992.
End of Part II
All Acts or parts of Acts inconsistent with any of the
provisions of Part I of this Act are hereby suspended for the
Fiscal Year 1992-93.
All Acts or parts of Acts inconsistent with any of the
provisions of Part II of this Act are hereby repealed.
Except as otherwise specifically provided herein this Act
shall take effect immediately upon its approval by the Governor.
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PLEASE NOTE
*Provisions printed in italic boldface were vetoed by the Governor
June 16, 1992.
Unless otherwise stated, provisions not vetoed by the Governor
took effect June 16,1992.
At the time this act was printed, the General Assembly had not
taken action on the vetoes.
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