1993-94 Bill 3546 State Government Restructuring Part 1 of 22

South Carolina General Assembly
110th Session, 1993-1994

Bill 3546

... part 1 of 22

(R276, H3546)

AN ACT TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION OF GOVERNMENT BY ADDING CHAPTER 30, SO AS TO ESTABLISH WITHIN THE EXECUTIVE BRANCH OF STATE GOVERNMENT NINETEEN DEPARTMENTS AND TO ESTABLISH WITHIN EACH DEPARTMENT CERTAIN DIVISIONS COMPOSED OF SPECIFIED STATE AGENCIES, TO PROVIDE FOR THE ORGANIZATION, GOVERNANCE, DUTIES, FUNCTIONS, AND PROCEDURES OF THE VARIOUS DEPARTMENTS AND DIVISIONS, AND FOR THE MANNER OF SELECTION, TERMS, AND REMOVAL OF DEPARTMENT HEADS, BOARD AND COMMISSION MEMBERS, AND OTHER OFFICIALS, TO PROVIDE THAT CERTAIN OTHER AGENCIES OR DEPARTMENTS OF STATE GOVERNMENT SHALL PERFORM THEIR DUTIES AND FUNCTIONS AS A PART OF AND UNDER THE SUPERVISION OF DESIGNATED CONSTITUTIONAL OR STATUTORY OFFICERS, TO AMEND CHAPTER 23 OF TITLE 1 OF THE 1976 CODE, RELATING TO STATE AGENCY RULE MAKING AND ADJUDICATION OF CONTESTED CASES BY ADDING ARTICLE 5, SO AS TO ESTABLISH THE SOUTH CAROLINA ADMINISTRATIVE LAW JUDGE DIVISION THE JUDGES OF WHICH SHALL HEAR, DETERMINE, AND PRESIDE OVER CONTESTED CASES OF CERTAIN STATE AGENCIES, DEPARTMENTS, DIVISIONS, AND COMMISSIONS, TO AMEND SECTIONS 1-23-110, 1-23-115, 1-23-120, 1-23-130, 1-23-160, 1-23-310, 1-23-320, 1-23-380, AND TO ADD SECTION 1-23-111 RELATING TO THE STATE ADMINISTRATIVE PROCEDURES ACT SO AS TO REVISE THE MANNER IN WHICH REGULATIONS ARE PROMULGATED, APPROVED, AND TAKE EFFECT, TO ABOLISH SPECIFIED BOARDS, COMMISSIONS, AND COMMITTEES OF THIS STATE, TO PROVIDE FOR TRANSITIONAL PROVISIONS IN REGARD TO THIS ACT, TO PROVIDE FOR EFFECTIVE DATES, AND TO AMEND SECTIONS 1-1-110, 1-3-210, 1-3-220, 1-3-240, 1-3-250, 1-15-10, 1-20-50, 1-25-60, 2-7-71, 2-7-73, 2-7-105, 2-13-190, 2-13-240, 2-15-61, 2-17-15, 2-19-30, 2-19-70, 2-22-20, 2-23-10, 2-67-10, 2-67-30, 3-3-210, 3-5-40, 3-5-50, 3-5-60, 3-5-80, 3-5-100, 3-5-120, 3-5-130, 3-5-140, 3-5-150, 3-5-160, 3-5-170, 3-5-190, 3-5-320, 3-5-330, 3-5-340, 3-5-360, 4-9-155, 4-10-25, 4-10-60, 4-10-80, 4-10-90, 4-29-67, 5-3-90, 5-3-110, 5-3-300, 5-7-110, 5-27-510, 6-9-60, 7-13-710, 8-1-80, 8-1-100, 8-11-10, 8-11-945, 8-13-740, 8-13-910, 8-17-370, 8-21-310, 8-21-770, 8-21-780, 8-21-790, 9-1-60, 9-11-180, 10-5-230, 10-5-240, 10-5-270, 10-5-300, 10-5-320, 10-7-10, 10-9-320, 10-11-50, 10-11-80, 11-9-820, 11-9-825, 11-11-10, 11-17-10, 11-35-45, 11-35-710, 11-35-1520, 11-35-5230, 11-35-5250, 11-35-5270, 11-37-200, 12-2-10, 12-4-10, 12-4-30, 12-4-335, 12-4-350, 12-4-370, 12-7-455, 12-7-460, 12-7-1220, 12-7-1225, 12-7-1250, 12-7-1590, 12-7-2010, 12-7-2230, 12-7-2415, 12-7-2590, 12-7-2610, 12-9-130, 12-9-310, 12-9-420, 12-9-630, 12-9-860, 12-13-70, 12-16-1110, 12-19-20, 12-19-60, 12-19-100, 12-21-100, 12-21-320, 12-21-470, 12-21-660, 12-21-780, 12-21-820, 12-21-1060, 12-21-1110, 12-21-1320, 12-21-1540, 12-21-1550, 12-21-1570, 12-21-1580, 12-21-1590, 12-21-1610, 12-21-1840, 12-21-2420, 12-21-2719, 12-21-2720, 12-21-2726, 12-21-3320, 12-21-3441, 12-21-3590, 12-21-3600, 12-23-310, 12-23-815, 12-23-820, 12-23-830, 12-27-270, 12-27-380, 12-27-390, 12-27-405, 12-27-430, 12-27-1210, 12-27-1220, 12-27-1230, 12-27-1240, 12-27-1250, 12-27-1260, 12-27-1290, 12-27-1320, 12-27-1510, 12-29-20, 12-29-110, 12-29-150, 12-31-20, 12-31-50, 12-31-210, 12-31-230, 12-31-240, 12-31-250, 12-31-260, 12-31-270, 12-31-280, 12-31-420, 12-31-610, 12-31-620, 12-31-640, 12-33-70, 12-33-420, 12-33-480, 12-33-485, 12-33-620, 12-33-630, 12-36-1370, 12-36-1710, 12-36-2120, 12-36-2660, 12-37-220, 12-37-380, 12-37-970, 12-37-975, 12-37-1120, 12-37-1130, 12-37-1410, 12-37-1420, 12-37-1610, 12-37-2110, 12-37-2410, 12-37-2650, 12-37-2660, 12-37-2670, 12-37-2680, 12-37-2700, 12-37-2725, 12-37-2727, 12-39-180, 12-43-210, 12-43-220, 12-43-280, 12-43-300, 12-43-305, 12-43-320, 12-43-335, 12-45-70, 12-47-10, 12-47-60, 12-49-90, 12-49-271, 12-49-290, 12-51-135, 12-53-10, 12-53-210, 12-53-220, 12-54-10, 12-54-230, 12-54-240, 12-54-250, 12-54-260, 12-54-420, 12-54-430, 12-54-720, TITLE 13, CHAPTER 1, ARTICLE 1; SECTIONS 13-7-20, 13-7-70, 13-7-160, 13-11-20, 13-11-80, 13-19-160, 14-7-130, 14-23-1140, 15-9-210, 15-9-270, 15-9-280, 15-9-310, 15-9-350, 15-9-360, 15-9-370, 15-9-380, 15-9-390, 15-9-410, 15-9-415, 16-3-1110, 16-3-1120, 16-11-340, 16-23-20, 16-27-60, 16-27-80, 17-13-80, 19-5-30, 20-7-121, 20-7-128, 20-7-410, 20-7-600, 20-7-630, 20-7-655, 20-7-770, 20-7-780, 20-7-1330, 20-7-1490, 20-7-1645, 20-7-2095, 20-7-2115, 20-7-2125, 20-7-2155, 20-7-2170, 20-7-2175, 20-7-2180, 20-7-2185, 20-7-2190, 20-7-2195, 20-7-2200, 20-7-2203, 20-7-2205, 20-7-2260, 20-7-2310, 20-7-2379, 20-7-2640, 20-7-2700, 20-7-2760, 20-7-2830, 20-7-2880, 20-7-2930, 20-7-2940, 20-7-3050, 20-7-3100, 20-7-3110, 20-7-3120, 20-7-3130, 20-7-3170, 20-7-3180, 20-7-3190, 20-7-3200, 20-7-3210, 20-7-3230, 20-7-3235, 20-7-3240, 20-7-3270, 20-7-3280, 20-7-3300, 20-7-3310, 20-7-3350, 20-7-3360, 20-7-5420, 20-7-5610, 20-7-5630, 20-7-5660, 20-7-5670, 22-1-30, 23-3-10, 23-3-160, 23-9-10, 23-9-60, 23-9-65, 23-9-70, 23-9-90, 23-9-150, 23-9-155, 23-9-170, 23-9-180, 23-9-210, 23-10-10, 23-23-30, 23-25-20, 23-25-40, 23-28-120, 23-31-140, 23-33-20, 23-35-70, 23-35-140, 23-36-80, 23-36-160, 23-41-30, 23-43-20, 23-43-70, 23-43-110, 23-43-140, 23-43-180, 24-1-40, 24-1-90, 24-1-100, 24-1-110, 24-1-120, 24-1-130, 24-1-140, 24-1-145, 24-1-150, 24-1-160, 24-1-170, 24-1-200, 24-1-210, 24-1-220, 24-1-230, 24-1-250, 24-1-260, 24-1-270, 24-3-20, 24-3-30, 24-3-40, 24-3-60, 24-3-70, 24-3-80, 24-3-90, 24-3-110, 24-3-130, 24-3-131, 24-3-140, 24-3-150, 24-3-160, 24-3-170, 24-3-180, 24-3-190, 24-3-200, 24-3-210, 24-3-315, 24-3-320, 24-3-330, 24-3-340, 24-3-360, 24-3-380, 24-3-390, 24-3-400, 24-3-410, 24-3-510, 24-3-520, 24-3-530, 24-3-540, 24-3-550, 24-3-710, 24-3-720, 24-3-730, 24-3-740, 24-3-750, 24-3-760, 24-3-920, 24-3-950, 24-3-960, 24-7-90, 24-9-10, 24-9-20, 24-9-30, 24-11-30, 24-13-210, 24-13-230, 24-13-270, 24-13-640, 24-13-710, 24-13-940, 24-13-1310, 24-13-1320, 24-13-1330, 24-13-1340, 24-13-1520, 24-13-1590, 24-19-10, 24-19-20, 24-19-30, 24-19-40, 24-19-60, 24-19-80, 24-19-90, 24-19-100, 24-19-110, 24-19-160, 24-21-10, 24-21-11, 24-21-12, 24-21-13, 24-21-60, 24-21-70, 24-21-220, 24-21-221, 24-21-230, 24-21-250, 24-21-260, 24-21-280, 24-21-290, 24-21-485, 24-21-620, 24-21-645, 24-21-650, 24-21-930, 24-22-20, 24-22-160, 24-23-40, 24-23-110, 24-23-115, 24-23-220, 24-25-40, 24-25-50, 24-25-70, TITLE 25, CHAPTER 11; SECTIONS 27-18-20, 27-31-100, 30-4-40, 31-1-30, 31-1-120, 31-1-140, 31-1-150, 31-1-160, 31-1-180, 31-1-200, 31-1-210, 31-1-220, TITLE 31, CHAPTER 1, ARTICLES 5 AND 7; SECTIONS 31-3-20, 31-3-340, 31-3-370, 31-3-390, 31-3-750, 31-17-340, 31-17-360, 31-17-370, 31-17-510, 33-1-210, 33-14-200, 33-14-220, 33-14-400, 33-15-300, 33-15-310, 33-15-330, 33-16-101, 33-31-60, 33-37-250, 33-37-460, 33-39-460, 34-29-160, 36-9-307, 36-9-319, 37-6-605, 38-1-10, 38-1-20, 38-2-10, TITLE 38, CHAPTERS 3, 5, 7, 9, 11, AND 13, SECTIONS 38-15-10, 38-15-20, 38-15-30, 38-15-50, 38-17-30, 38-17-50, 38-17-60, 38-17-70, 38-17-90, 38-17-120, 38-17-140, 38-17-150, 38-17-170, 38-19-40, 38-19-50, 38-19-440, 38-19-470, 38-19-480, 38-19-490, 38-19-610, 38-19-640, 38-19-650, 38-19-825, 38-21-10, 38-21-20, 38-21-30, 38-21-50, 38-21-60, 38-21-70, 38-21-90, 38-21-100, 38-21-110, 38-21-120, 38-21-125, 38-21-130, 38-21-140, 38-21-160, 38-21-170, 38-21-190, 38-21-200, 38-21-210, 38-21-220, 38-21-240, 38-21-250, 38-21-260, 38-21-270, 38-21-280, 38-21-290, 38-21-300, 38-21-310, 38-21-320, 38-21-330, 38-21-340, 38-21-350, 38-21-370, 38-23-20, 38-23-40, 38-23-50, 38-23-70, 38-23-80, 38-23-100, 38-25-10, 38-25-110, 38-25-160, 38-25-310, 38-25-510, 38-25-520, 38-25-540, 38-25-550, 38-25-570, TITLE 38, CHAPTER 26; TITLE 38, CHAPTER 27, ARTICLES 1 AND 3; SECTIONS 38-27-310, 38-27-320, 38-27-330, 38-27-350, 38-27-360, 38-27-370, 38-27-390, 38-27-400, 38-27-410, 38-27-500, 38-27-520, 38-27-640, 38-27-660, 38-27-670, 38-27-680, 38-27-910, 38-27-920, 38-27-930, 38-27-940, 38-27-950, TITLE 38, CHAPTERS 29, 31, AND 33; SECTIONS 38-35-10, 38-35-40, 38-35-50, 38-37-60, 38-37-220, 38-37-230, 38-37-240, 38-37-250, 38-37-260, 38-37-300, TITLE 38, CHAPTER 37, ARTICLE 5; SECTIONS 38-37-710, 38-37-720, 38-37-900, 38-37-910, 38-37-920, 38-37-1310, 38-37-1360, TITLE 38, CHAPTER 37, ARTICLE 13; TITLE 38, CHAPTERS 39 AND 41; SECTIONS 38-43-20, 38-43-30, 38-43-40, 38-43-70, 38-43-100, 38-43-105, 38-43-106, 38-43-110, 38-43-130, 38-43-230, 38-43-250, 38-43-260, 38-44-30, 38-44-40, 38-44-50, 38-44-70, 38-44-80, TITLE 38, CHAPTER 45; SECTIONS 38-46-20, 38-46-30, 38-46-60, 38-46-70, 38-46-100, 38-46-110, 38-46-120, TITLE 38, CHAPTER 47; SECTIONS 38-49-20, 38-51-20, 38-51-30, 38-51-60, 38-53-10, 38-53-20, 38-53-80, 38-53-90, 38-53-100, 38-53-110, 38-53-130, 38-53-140, 38-53-150, 38-53-160, 38-53-170, 38-53-200, 38-53-210, 38-53-220, 38-53-230, 38-53-310, 38-53-320, 38-55-20, 38-55-40, 38-55-60, 38-55-80, 38-55-120, 38-55-140, 38-55-180, 38-57-150, 38-57-200, 38-57-210, 38-57-220, 38-57-230, 38-57-240, 38-57-250, 38-57-260, 38-57-270, 38-57-280, 38-57-290, 38-57-300, 38-57-310, 38-59-30, TITLE 38, CHAPTER 61; SECTIONS 38-63-220, 38-63-250, 38-63-520, 38-63-580, 38-63-590, 38-63-600, 38-63-610, 38-63-650, 38-65-50, 38-65-210, 38-67-10, 38-67-30, 38-67-40, 38-69-120, 38-69-230, 38-69-320, 38-70-10, 38-70-20, 38-70-30, 38-70-40, 38-70-50, 38-70-60, 38-71-70, 38-71-190, 38-71-310, 38-71-315, 38-71-320, 38-71-325, 38-71-330, 38-71-335, 38-71-340, 38-71-370, 38-71-410, 38-71-510, 38-71-530, 38-71-540, 38-71-550, 38-71-720, 38-71-730, 38-71-735, 38-71-750, 38-71-920, 38-71-950, 38-71-970, 38-71-980, 38-71-1010, 38-71-1020, 38-71-1110, 38-72-40, 38-72-60, TITLE 38, CHAPTER 73, ARTICLES 1 THROUGH 15; SECTIONS 38-74-10, 38-74-20, 38-74-60, 38-74-70, 38-75-230, TITLE 38, CHAPTER 75, ARTICLE 5; SECTIONS 38-75-750, 38-75-780, 38-75-930, 38-75-940, 38-75-950, 38-75-960, 38-75-980, 38-77-10, 38-77-30, 38-77-110, 38-77-113, 38-77-115, 38-77-120, 38-77-150, 38-77-200, 38-77-260, 38-77-280, 38-77-320, 38-77-330, 38-77-340, 38-77-350, 38-77-510, 38-77-520, 38-77-530, 38-77-570, 38-77-580, 38-77-590, 38-77-600, 38-77-610, TITLE 38, CHAPTER 77, ARTICLE 9; SECTION 38-77-1120, TITLE 38, CHAPTER 79, ARTICLE 1; SECTION 38-79-430, TITLE 38, CHAPTERS 81 AND 83; SECTIONS 38-85-70, 38-85-80, 38-87-20, 38-87-30, 38-87-40, 38-87-50, 38-87-80, 38-87-110, 38-87-140, TITLE 38, CHAPTER 89; SECTIONS 39-9-230, 39-15-170, 39-41-40, 39-57-20, 40-1-140, 40-1-310, 40-1-350, 40-3-40, 40-3-120, 40-3-135, 40-3-140, 40-6-40, 40-6-45, 40-6-180, 40-6-220, 40-7-60, 40-7-270, 40-9-30, 40-9-31, 40-9-36, 40-9-95, 40-11-40, 40-11-60, 40-11-90, 40-11-150, 40-11-180, 40-11-190, 40-11-300, 40-11-320, 40-13-60, 40-13-80, 40-13-260, 40-15-40, 40-15-50, 40-15-185, 40-15-200, 40-15-210, 40-15-215, 40-15-370, 40-15-380, 40-19-10, 40-19-70, 40-19-80, 40-19-160, 40-19-170, 40-22-150, 40-22-420, 40-22-440, 40-23-20, 40-23-40, 40-23-127, TITLE 40, CHAPTER 28; SECTIONS 40-29-20, 40-29-50, 40-29-100, 40-29-110, 40-29-160, 40-29-210, 40-33-250, 40-33-931, 40-33-960, 40-35-70, 40-35-135, 40-36-160, 40-37-50, 40-37-230, 40-38-60, 40-38-230, 40-43-135, 40-43-260, 40-43-410, 40-47-170, 40-47-200, 40-47-210, 40-47-570, 40-47-630, 40-47-660, 40-51-160, 40-55-140, 40-55-160, 40-56-10, 40-56-20, 40-57-170, 40-57-220, 40-59-50, 40-59-60, 40-59-90, 40-59-95, 40-59-130, 40-60-160, 40-60-170, 40-60-210, 40-61-40, 40-61-110, 40-63-10, 40-63-30, 40-63-120, TITLE 40, CHAPTER 65; SECTIONS 40-67-100, 40-67-170, 40-69-70, 40-69-150, 40-69-210, 40-69-420, 40-75-40, 40-75-180, 40-77-100, 40-77-110, 40-77-320, 41-1-10, 41-3-10, 41-3-30, 41-3-40, 41-3-50, 41-3-55, 41-3-60, 41-3-70, 41-3-80, 41-3-100, 41-3-110, 41-3-120, 41-3-130, 41-3-140, 41-3-510, 41-3-520, 41-3-530, 41-3-540, TITLE 41, CHAPTER 15, ARTICLE 6; SECTIONS 41-18-90, 41-41-40, 41-44-60, 41-44-80, 42-1-490, 42-1-500, 42-7-10, 42-7-20, 42-7-30, 42-7-40, 42-7-70, 42-7-75, 42-7-90, 42-7-200, 42-7-310, 43-1-10, 43-1-50, 43-1-60, 43-1-70, 43-1-170, 43-1-190, 43-1-200, 43-1-210, TITLE 43, CHAPTER 3; SECTIONS 43-5-10, 43-5-75, 43-5-120, 43-5-150, 43-5-170, 43-5-220, 43-5-550, 43-5-620, 43-21-10, 43-21-20, 43-21-40, 43-21-50, 43-21-60, 43-21-70, 43-21-80, 43-21-100, 43-21-120, 43-21-130, 43-21-150, 43-21-160, 43-21-170, 43-21-180, 44-1-20, 44-1-40, 44-1-50, 44-1-100, 44-2-75, 44-3-110, 44-3-150, 44-6-5, 44-6-10, 44-6-30, 44-6-40, 44-6-45, 44-6-50, 44-6-70, 44-6-80, 44-6-90, 44-6-100, 44-6-140, 44-6-146, 44-6-150, 44-6-155, 44-6-160, 44-6-170, 44-6-180, 44-6-190, 44-6-220, 44-6-300, 44-6-310, 44-6-320, 44-6-400, 44-6-410, 44-6-420, 44-6-430, 44-6-440, 4-6-460, 44-6-470, 44-6-500, 44-6-520, 44-6-530, 44-9-20, 44-9-30, 44-9-40, 44-9-50, 44-9-60, 44-9-160, 44-15-60, 44-15-80, TITLE 44, CHAPTER 20; SECTIONS 44-22-10, 44-22-50, 44-22-100, 44-22-110, 44-23-10, 44-23-210, 44-23-220, 44-23-410, 44-25-30, 44-26-10, 44-26-70, 44-26-80, 44-26-120, 44-26-170, 44-28-20, 44-28-40, 44-28-60, 44-28-80, 44-28-360, 44-28-370, 44-29-210, 44-30-10, 44-36-20, 44-38-30, TITLE 44, CHAPTER 38, ARTICLE 3; SECTIONS 44-40-30, 44-43-30, 44-43-50, 44-43-70, TITLE 44, CHAPTER 49; SECTIONS 44-52-10, 44-53-620, 44-53-630, 44-53-640, 44-53-650, 44-53-660, 44-53-710, 44-53-740, 44-53-1320, 44-53-1340, 44-53-1360, 44-53-1380, 44-53-1390, 44-53-1430, 44-53-1440, 44-53-1450, 44-53-1470, 44-55-20, 44-55-40, 44-55-45, 44-55-60, 44-55-2320, 44-55-2360, 44-56-20, 44-56-50, 44-56-130, 44-56-840, 44-61-70, 44-63-30, 44-63-110, 44-65-80, 44-67-30, 44-67-50, 44-85-20, 44-85-30, 44-85-50, 44-93-20, 44-93-50, 44-93-130, 44-96-60, 44-96-120, 44-96-140, 44-96-160, 44-96-170, 44-96-180, 44-96-200, 44-96-220, 44-96-250, 44-96-280, 44-107-80, 46-13-60, 46-13-150, 46-51-20, 47-3-310, 47-3-320, 47-3-420, 47-3-510, 47-3-550, 47-5-30, 48-1-85, 48-1-110, 48-9-30, 48-9-40, 48-9-230, 48-9-260, 48-9-270, 48-9-280, 48-9-290, 48-9-300, 48-9-310, 48-9-320, TITLE 48, CHAPTER 9, ARTICLES 5, 7, AND 9; SECTIONS 48-9-1210, 48-9-1230, 48-9-1320, 48-9-1810, 48-9-1820, 48-9-1840, 48-9-1850, 48-11-10, 48-11-15, 48-11-90, 48-11-100, 48-11-185, 48-11-190, 48-11-210, 48-14-20, 48-14-40, 48-14-50, 48-14-60, 48-14-70, 48-14-80, 48-14-85, 48-14-90, 48-14-110, 48-14-120, 48-14-130, 48-14-140, 48-14-160, 48-14-170, TITLE 48, CHAPTER 18; SECTIONS 48-20-30, 48-20-40, 48-20-110, 48-20-210, 48-20-270, 48-20-280, 48-21-20, 48-27-70, 48-27-200, 48-30-30, 48-30-50, 48-30-70, 48-30-80, TITLE 48, CHAPTER 39; TITLE 48, CHAPTER 43; SECTIONS 48-45-40, 48-45-80, 48-47-175, 48-55-10, 49-1-15, TITLE 49, CHAPTERS 3, 4, 5, 6, 11, 21, 23 AND 25; SECTIONS 49-27-10, 49-27-70, 49-27-80, TITLE 49, CHAPTER 29; TITLE 50, CHAPTERS 1, 3, 5, 7, 9, 11, 13, 15 AND 17; SECTION 50-18-10, TITLE 50, CHAPTERS 19, 20, 21, 23, AND 25; TITLE 51, CHAPTER 1, ARTICLE 1; SECTIONS 51-3-145, 51-3-160, TITLE 51, CHAPTER 11; SECTION 51-15-540, TITLE 51, CHAPTER 17; SECTIONS 51-19-10, 52-7-15, 52-7-20, 52-7-30, 54-15-320, TITLE 55, CHAPTERS 1 AND 5; SECTIONS 55-8-10, 55-8-50, 55-8-170, TITLE 55, CHAPTER 9; SECTIONS 55-11-10, 55-11-520, 55-15-10, 56-1-10, 56-1-80, 56-1-90, 56-1-135, 56-1-145, 56-1-220, 56-1-225, 56-1-270, 56-1-280, 56-1-290, 56-1-300, 56-1-310, 56-1-320, 56-1-330, 56-1-340, 56-1-350, 56-1-360, 56-1-365, 56-1-370, 56-1-380, 56-1-390, 56-1-400, 56-1-410, 56-1-420, 56-1-460, 56-1-463, 56-1-475, 56-1-510, 56-1-520, 56-1-530, 56-1-540, 56-1-550, 56-1-630, 56-1-740, 56-1-745, 56-1-746, 56-1-770, 56-1-790, 56-1-800, 56-1-810, 56-1-820, 56-1-830, 56-1-840, 56-1-850, 56-1-1020, 56-1-1030, 56-1-1090, 56-1-1100, 56-1-1120, 56-1-1130, 56-1-1320, 56-1-1330, 56-1-1340, 56-1-1730, 56-1-1760, 56-1-2050, 56-1-2100, 56-1-2110, 56-1-2130, 56-1-2140, 56-3-20, 56-3-115, 56-3-250, 56-3-255, 56-3-360, 56-3-650, 56-3-790, 56-3-860, 56-3-910, 56-3-1150, 56-3-1160, 56-3-1330, 56-3-1340, 56-3-1710, 56-3-1750, 56-3-1850, 56-3-1910, 56-3-1950, 56-3-1960, 56-3-1971, 56-3-1972, 56-3-1973, 56-3-1974, 56-3-2010, 56-3-2020, 56-3-2060, 56-3-2150, 56-3-2210, 56-3-2230, 56-3-2250, 56-3-2320, 56-3-2600, 56-3-2710, 56-3-2810, 56-3-3310, 56-3-3710, 56-3-4310, 56-3-4910, 56-3-5920, 56-5-60, 56-5-370, 56-5-910, 56-5-920, 56-5-930, 56-5-935, 56-5-1520, 56-5-1530, 56-5-1540, 56-5-1560, 56-5-1570, 56-5-1890, 56-5-1910, 56-5-1980, 56-5-2120, 56-5-2330, 56-5-2540, 56-5-2550, 56-5-2585, 56-5-2715, 56-5-2730, 56-5-2945, 56-5-2950, 56-5-2990, 56-5-3660, 56-5-3670, 56-5-3680, 56-5-3690, 56-5-3750, 56-5-3880, 56-5-4040, 56-5-4060, 56-5-4070, 56-5-4075, 56-5-4095, 56-5-4140, 56-5-4145, 56-5-4150, 56-5-4160, 56-5-4170, 56-5-4175, 56-5-4180, 56-5-4185, 56-5-4190, 56-5-4200, 56-5-4205, 56-5-4210, 56-5-4220, 56-5-4720, 56-5-4840, 56-5-4880, 56-5-4940, 56-5-5010, 56-5-5320, 56-5-5330, 56-5-5340, 56-5-5350, 56-5-5360, 56-5-5400, 56-5-5410, 56-5-5420, 56-5-5430, 56-5-5670, 56-5-5810, 56-5-5830, 56-5-5850, 56-5-5860, 56-5-5870, 56-5-6140, 56-7-10, 56-7-20, 56-7-30, 56-7-50, 56-9-20, 56-10-10, 56-10-20, 56-10-40, 56-10-45, 56-10-210, 56-10-220, 56-10-240, 56-10-245, 56-10-280, 56-10-290, 56-15-10, 56-15-50, 56-15-320, 56-16-10, 56-16-20, 56-16-110, 56-16-150, 56-19-10, 56-19-80, 56-19-390, 56-19-425, 56-23-10, 56-23-40, 56-23-70, 56-23-85, 56-25-10, 56-27-10, 56-29-20, 56-29-50, 56-31-50, TITLE 57, CHAPTER 1, ARTICLES 1, 3, AND 5; TITLE 57, CHAPTER 3, ARTICLE 1; TITLE 57, CHAPTER 3, ARTICLE 7; TITLE 57, CHAPTER 5, ARTICLES 1 AND 3; SECTIONS 57-5-710, 57-5-720, 57-5-760, 57-5-870, 57-5-1010, 57-5-1320, 57-5-1335, 57-5-1350, 57-5-1450, 57-5-1610, 57-5-1620, 57-5-1630, 57-5-1660, TITLE 57, CHAPTER 11, ARTICLE 3; SECTIONS 57-13-10, 57-13-40, 57-13-130, 57-15-140, TITLE 57, CHAPTER 23; TITLE 57, CHAPTER 25, ARTICLE 3; SECTIONS 57-25-430, 57-25-440, 57-25-460, 57-25-480, 57-25-490, 57-25-640, 57-25-650, 57-25-670, 57-25-690, 57-25-700, 57-27-20, 57-27-90, 58-1-30, 58-1-40, 58-3-20, 58-3-24, 58-3-100, 58-12-130, 58-15-1625, 58-15-1650, 58-15-1680, 58-15-1910, 58-15-1920, 58-15-1930, 58-15-1940, 58-15-1950, 58-15-2120, 58-15-2130, 58-17-1450, 58-23-1220, 58-25-80, 58-27-690, 58-33-140, 58-35-50, 59-20-20, 59-53-10, 59-53-420, 59-53-2050, 59-54-40, 59-67-20, 59-67-260, 59-67-540, 59-67-570, 59-117-90, 59-137-50, TITLE 61, CHAPTERS 1, 3, 5, 7, AND 9; SECTIONS 61-13-295, 61-13-410, 61-13-470, 61-13-500, 61-13-510, 61-13-540, 61-13-570, 61-13-620, 61-13-630, 61-13-750, 61-13-810, 61-13-835, 61-13-836, 61-13-875, 61-13-885, 62-3-203, 62-3-301, 62-3-704, 62-3-706, 62-3-1002, AND 62-5-105; TO AMEND THE 1976 CODE BY ADDING SECTIONS 1-3-215, 2-47-60, 2-68-50, 12-2-5, 12-4-15, TITLE 12, CHAPTER 4, ARTICLE 4; SECTIONS 12-27-35, 12-27-1265, TITLE 13, CHAPTER 1, ARTICLES 3, 5, 7, 9, AND 11, TITLE 13, CHAPTER 2; SECTIONS 23-3-15, 23-3-25, TITLE 23, CHAPTER 6; SECTIONS 38-1-30, 40-11-350, 40-13-300, 40-45-260, 40-73-15, 41-3-610, TITLE 48, CHAPTER 4; SECTIONS 48-9-15, 48-9-45, TITLE 48, CHAPTER 22; SECTION 49-1-16, TITLE 51, CHAPTER 1, ARTICLES 3 AND 5; TITLE 56, CHAPTER 1, ARTICLE 15; TITLE 56, CHAPTER 3, ARTICLE 47; TITLE 57, CHAPTER 3, ARTICLE 2; AND SECTION 58-3-26; AND TO AMEND THE 1976 CODE BY REPEALING SECTIONS 1-11-75, 1-20-50, 2-63-10, 8-1-90, 12-7-775, 12-27-1280, 12-27-1295, 12-27-1300, 12-27-1310, TITLE 13, CHAPTERS 3, 5, AND 9; SECTIONS 20-7-2308, 20-7-2309, 20-7-2327, 20-7-2335, 20-7-2337, 20-7-2365, 20-7-2950, 20-7-3140, 20-7-3150, 20-7-3160, 20-7-3250, 20-7-5620, 20-7-5680, 20-7-5810, 20-7-5820, 20-7-5830, 20-7-5840, 20-7-5850, 20-7-5860, 23-3-60, TITLE 23, CHAPTER 5; 23-8-10, 23-8-20, 23-8-30, 23-9-510, 23-9-520, 23-9-530, TITLE 23, CHAPTER 23, ARTICLES 1 AND 3; 23-43-50, 24-1-50, 24-1-60, 24-1-70, 24-1-80, 24-3-100, 24-21-20, 24-21-210, 24-26-10, 24-26-20, 24-26-30, 24-26-40, 24-26-50, 27-2-80, 27-2-90, 27-2-100, 38-3-20, 38-3-30, 38-3-50, 38-3-90, 40-29-60, 41-3-20, TITLE 41, CHAPTER 45; SECTIONS 42-9-380, 43-1-20, 43-1-25, 43-1-30, 43-1-40, 43-21-30, 44-1-10, 44-1-60, 44-6-20, 44-6-60, 44-6-65, 44-6-110, 44-6-120, 44-6-130, 44-96-70, 48-9-210, 48-9-220, 48-9-240, 48-9-250, 55-5-30, 55-5-40, 56-1-1400, TITLE 57, CHAPTER 3, ARTICLES 3, 5, 9, AND 11; SECTIONS 57-3-620, 57-11-40, 57-11-230, 57-11-260, 57-11-310, 57-11-400, 58-3-21, 58-3-22, 58-3-23, 58-3-25, TITLE 58, CHAPTER 19; AND SECTION 6, PART II, OF ACT 164 OF 1993, SO AS TO REVISE, ADD, OR REPEAL THEM RESPECTIVELY IN CONFORMITY WITH THE ABOVE PROVISIONS.

Be it enacted by the General Assembly of the State of South Carolina:

Departments of state government

SECTION 1. Title 1 of the 1976 Code is amended by adding Chapter 30 to read:

"CHAPTER 30

Departments of State Government

A. General Provisions
Section 1-30-10. (A) There are hereby created, within the executive branch of the state government, the following departments:
1. Department of Agriculture
2. Department of Alcohol and Other Drug Abuse Services
3. Department of Commerce
4. Department of Corrections
5. Department of Disabilities and Special Needs
6. Department of Education
7. Department of Health and Environmental Control
8. Department of Health and Human Services
9. Department of Insurance
10. Department of Juvenile Justice
11. Department of Labor, Licensing, and Regulation
12. Department of Mental Health
13. Department of Natural Resources
14. Department of Parks, Recreation and Tourism
15. Department of Probation, Pardon and Parole
16. Department of Public Safety
17. Department of Revenue and Taxation
18. Department of Social Services
19. Department of Transportation
(B) (1) The governing authority of each department shall be either:
(i) a director who must be appointed by the Governor with the advice and consent of the Senate, subject to removal from office by the Governor pursuant to provisions of Section 1-3-240; or,
(ii) a seven member board to be appointed and constituted in a manner provided for by law; or,
(iii) in the case of the Department of Agriculture and the Department of Education, the State Commissioner of Agriculture and the State Superintendent of Education, respectively, elected to office under the Constitution of this State.
(2) In making appointments to boards and for department directors, race, gender, and other demographic factors should be considered to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of this State; however, consideration of these factors in no way creates a cause of action or basis for an employee grievance for a person appointed or for a person who fails to be appointed. The Governor in making the appointments provided for by this section shall endeavor to appoint individuals who have demonstrated exemplary managerial skills in either the public or private sector.
(C) Each department shall be organized into appropriate divisions by the governing authority of the department through consolidation or subdivision. The power to reorganize the department supersedes any provision of law to the contrary pertaining to individual divisions; provided, however, the dissolution of any division must receive legislative approval by authorization included in the annual general appropriations act.
Any other approval procedures for department reorganization in effect on the effective date of this act no longer apply.
(D) The governing authority of a department is vested with the duty of overseeing, managing, and controlling the operation, administration, and organization of the department. The governing authority has the power to create and appoint standing or ad hoc advisory committees in its discretion or at the direction of the Governor to assist the department in particular areas of public concern or professional expertise as is deemed appropriate. Such committees shall serve at the pleasure of the governing authority and committee members shall not receive salary or per diem, but shall be entitled to reimbursement for actual and necessary expenses incurred pursuant to the discharge of official duties not to exceed the per diem, mileage, and subsistence amounts allowed by law for members of boards, commissions, and committees.
(E) The department director may appoint deputy directors to head the divisions of their department, with each deputy director managing one or more of the divisions. In making appointments race, gender, and other demographic factors should be considered to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of this State; however, consideration of these factors in making an appointment in no way creates a cause of action or basis for an employee grievance for a person appointed or for a person who fails to be appointed. Deputy directors serve at the will and pleasure of the department director. The deputy director of a division is vested with the duty of overseeing, managing, and controlling the operation and administration of the division under the direction and control of the department director and performing such other duties as delegated by the department director.
(F) (1) In the event a vacancy should occur in the office of department director at a time when the General Assembly is not in session, the Governor may temporarily fill the vacancy pursuant to Section 1-3-210.
(2) Notwithstanding the provisions of Subitem (F)(1), as of July 1, 1993, for each department created pursuant to the provisions of this act which must be governed by a single director, an initial interim director shall serve as the governing authority, serving until January 31, 1994. During that period the following departments must be governed by the director or interim director of the following agencies as of June 30, 1993:
(i) Department of Corrections, created pursuant to Section 1-30-30, by the director of the former Department of Corrections;
(ii) Department of Juvenile Justice created pursuant to Section 1-30-60, by the interim director of the former Department of Youth Services;
(iii) Department of Probation, Pardon and Parole created pursuant to Section 1-30-85 by the director of the former Department of Probation, Pardon and Parole;
(iv) Department of Social Services created pursuant to Section 1-30-100, by the director of the former Department of Social Services;
(v) Department of Parks, Recreation and Tourism created pursuant to Section 1-30-80, by the director of the former Department of Parks, Recreation and Tourism;
(vi) Department of Commerce created pursuant to Section 1-30-25, by the Executive Director of the former State Development Board;
(vii) Department of Alcohol and Other Drug Abuse Services created pursuant to Section 1-30-20, by the director of the former South Carolina Commission on Alcohol and Drug Abuse.
(3) As of December 1, 1993, the Governor must submit to the Senate the names of appointees to the permanent department directorships for those departments created on July 1, 1993 and February 1, 1994. If no person has been appointed and qualified for a directorship as of February 1, 1994, the Governor may appoint an interim director to serve pursuant to the provisions of (F) (1).
(4) Notwithstanding provisions of (2) and (3) to the contrary, the initial interim director of the Department of Public Safety shall be appointed by the Budget and Control Board and such initial interim director must not be appointed as the permanent director of the department by the Governor.
(G) (1) Department governing authorities must, no later than the first day of the 1994 legislative session and every twelve months thereafter for the following three years, submit to the Governor and General Assembly reports giving detailed and comprehensive recommendations for the purposes of merging or eliminating duplicative or unnecessary divisions, programs, or personnel within each department to provide a more efficient administration of government services. Thereafter, the Governor shall periodically consult with the governing authorities of the various departments and upon such consultation the Governor shall submit a report of any recommendations to the General Assembly for review and consideration.
(2) The Governor shall report to the General Assembly no later than the second Tuesday in January of 1994, his recommendation for restructuring the following offices and divisions presently under his direct supervision, and as to how each might be restructured within other appropriate departments or divisions amended by this act:
(i) Office of Executive Policy and Programs;
(ii) Office of Energy Programs;
(iii) Office of Personnel and Program Services;
(iv) Office of Research;
(v) Division of Health;
(vi) Division of Economic Opportunity;
(vii) Division of Economic of Development;
(viii) Division of Ombudsman and Citizens' Services;
(ix) Division of Education;
(x) Division of Natural Resources;
(xi) Division of Human Services.

(H) Department governing authorities must submit to the General Assembly by the first day of the 1994 legislative session and every five years thereafter a mission statement that must be approved by the General Assembly by Joint Resolution.

Section 1-30-15. Department of Agriculture.
Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Agriculture:
Department of Agriculture, formerly provided for at Section 46-39-10, et seq.

Section 1-30-20. Department of Alcohol and Other Drug Abuse Services.
Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Alcohol and Other Drug Abuse Services:
(A) South Carolina Commission on Alcohol and Drug Abuse, formerly provided for at Section 44-49-10, et seq.;
(B) Drug-free Schools and Communities Program in the Governor's Office, provided for under grant programs.

Section 1-30-25. Department of Commerce.
Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Commerce to be initially divided into divisions for Aeronautics, Advisory Coordinating Council for Economic Development, State Development, Public Railways and Savannah Valley Development:
(A) South Carolina Aeronautics Commission, formerly provided for at Section 55-5-10, et seq.;
(B) Coordinating Council for Economic Development, formerly provided for at Section 41-45-30, et seq.;
(C) Savannah Valley Authority, formerly provided for at Section 13-9-10, et seq.;
(D) State Development Board, except for the Film Office, formerly provided for at Section 13-3-10, et seq.;
(E) South Carolina Public Railways Commission, formerly provided for at Section 58-19-10, et seq.

Section 1-30-30. Department of Corrections.
Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Corrections:
Department of Corrections, formerly provided for at Section 24-1-10, et seq.

Section 1-30-35. Department of Disabilities and Special Needs.
Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Disabilities and Special Needs to be initially divided into divisions for Mental Retardation, Head and Spinal Cord Injury, and Autism; provided, however, that the board of the former Department of Mental Retardation as constituted on June 30, 1993, and thereafter, under the provisions of Section 44-19-10, et seq., shall be the governing authority for the department.
(A) Department of Mental Health Autism programs, formerly provided for at Section 44-9-10, et seq.;
(B) Head and Spinal Cord Injury Information System, formerly provided for at Section 44-38-10, et seq.;
(C) Department of Mental Retardation, formerly provided for at Section 44-19-10, et seq.

Section 1-30-40. Department of Education.
Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Education:
State Department of Education, provided for at Section 59-5-10, et seq.

Section 1-30-45. Department of Health and Environmental Control.
Effective on July 1, 1994, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Health and Environmental Control and to include a coastal division:
(A) Department of Health and Environmental Control, formerly provided for at Section 44-1-10, et seq.;
(B) South Carolina Coastal Council, formerly provided for at Section 48-39-10, et seq.;
(C) State Land Resources Conservation Commission regulatory division, formerly provided for at Section 48-9-10, et seq.;
(D) Water Resources Commission regulatory division, formerly provided for at Section 49-3-10, et seq.

Section 1-30-50. Department of Health and Human Services.
Effective on July 1, 1995, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Health and Human Services:
Department of Health and Human Services Finance Commission, formerly provided for at Section 44-6-10, et seq.

Section 1-30-55. Department of Insurance.
Effective on July 1, 1995, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Insurance:
Department of Insurance, formerly provided for at Section 38-3-10, et seq.

Section 1-30-60. Department of Juvenile Justice.
Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Juvenile Justice:
Department of Youth Services, formerly provided for at Section 20-7-3100, et seq.

Section 1-30-65. Department of Labor, Licensing, and Regulation.
Effective on February 1, 1994, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Labor, Licensing, and Regulation to be initially divided into divisions for Labor, State Fire Marshal, and Professional and Occupational Licensing:
(A) Fire Marshal Division of Budget & Control Board, formerly provided for at Section 23-9-10, et seq.;
(B) Department of Labor, formerly provided for at Title 12, Chapter 37; Title 46, Chapter 43; and Title 41, Chapters 1-25;
(C) Professional and Occupational Licensing Boards including:
Accountancy Board, formerly provided for at Section 40-1-10 et seq.;
Architectural Board of Examiners, formerly provided for at Section 40-3-10 et seq.;
Athletic Commission, formerly provided for at Section 52-7-10 et seq.;
Auctioneers Commission, formerly provided for at Section 40-6-10 et seq.;
Barber Examiners Board, formerly provided for at Section 40-7-10 et seq.;
Barrier Free Design Board, formerly provided for at Section 10-5-210 et seq.;
Building Code Council, formerly provided for at Section 6-9-60 et seq.;
Burglar Alarm Business, formerly provided for at Section 40-79-10 et seq.;
Chiropractic Examiners Board, formerly provided for at Section 40-9-10 et seq.;
Contractors Licensing Board, formerly provided for at Section 40-11-10, et seq.;
Cosmetology Board, formerly provided for at Section 40-13-10 et seq.;
Dentistry Board, formerly provided for at Section 40-15-10 et seq.;
Embalmers and Funeral Directors/Funeral Service Board, formerly provided for at Section 40-19-10, et seq.;
Engineers & Land Surveyors Board, formerly provided for at Section 40-21-10 et seq.;
Environmental Systems Operators Board, formerly provided for at Section 40-23-10 et seq.;
Fire Sprinkler Contractors Board, formerly provided for at Section 23-45-10 et seq.;
Foresters Registration Board, formerly provided for at Section 48-27-10 et seq.;
Geologists Registration Board, formerly provided for at Section 40-77-10, et seq.;
Harbor Pilots/ Pilotage Commission, formerly provided for at Section 54-15-40, et seq.;
Liquefied Petroleum Gas Board, formerly provided for at Section 39-43-20, et seq.;
Manufactured Housing Board, formerly provided for at Section 31-17-10, et seq.;
Modular Appeals Board, formerly provided for at Section 23-43-50, et seq.;
Nursing Board, formerly provided for at Section 40-33-10 et seq.;
Nursing Home Administrators Board, formerly provided for at Section 40-35-10 et seq.;
Occupational Therapy Board, formerly provided for at Section 40-36-10 et seq.;
Optometry Board, formerly provided for at Section 40-37-10 et seq.;
Opticianry Board, formerly provided for at Section 40-38-10 et seq.;
Pharmacy Board, formerly provided for at Section 40-43-10 et seq.;
Physical Therapy Examiners, formerly provided for at Section 40-45-10 et seq.;
Physicians, Surgeons and Osteopaths/ Board of Medical Examiners, formerly provided for at Section 40-47-10 et seq.;
Podiatry Examiners, formerly provided for at Section 40-51-10 et seq.;
Professional Counselors, Marital and Family Therapists;
Psychology Board of Examiners, formerly provided for at Section 40-75-10 et seq.;
Pyrotechnic Safety Board, formerly provided for at Section 40-56-10 et seq.;
Real Estate Brokers & Appraisers, formerly provided for at Section 40-57-10 et seq.;
Residential Home Builders Board, formerly provided for at Section 40-59-10 et seq.;
Sanitarian Board of Examiners, formerly provided for at Section 40-61-10 et seq.;
Social Worker Board of Examiners, formerly provided for at Section 40-63-10 et seq.;
Speech Pathology & Audiology Board of Examiners, formerly provided for at Section 40-67-10 et seq.;
Veterinary Medical Examiners, formerly provided for at Section 40-69-10 et seq.

Section 1-30-70. Department of Mental Health.
Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Mental Health to include a Children's Services Division and shall include:
Department of Mental Health, provided for at Section 44-9-10, et seq.

Section 1-30-75. Department of Natural Resources.
Effective on July 1, 1994, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Natural Resources to be initially divided into divisions for Geological Mapping and State Geologist, Land Resources Conservation, Water Resources, Marine Resources, Wildlife and Freshwater Fish, and State Natural Resources Enforcement; Provided the South Carolina Wildlife Commission Board, as constituted on June 30, 1993, and thereafter, under the provisions of Section 50-3-10 et. seq. shall be the governing authority for the department:
(A) Geological Mapping Division of the Budget and Control Board, to include the State Geologist, formerly provided for at Section 1-11-10, et seq.;
(B) State Land Resources Conservation Commission, less the regulatory division, formerly provided for at Section 48-9-10, et seq.;
(C) South Carolina Migratory Waterfowl Commission, formerly provided for at Section 50-11-20, et seq.;
(D) Water Resources Commission, less the regulatory division, formerly provided for at Section 49-3-10, et seq.;
(E) South Carolina Wildlife Commission, formerly provided for at Section 50-3-10, et seq.

Section 1-30-80. Department of Parks, Recreation and Tourism.
Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Parks, Recreation and Tourism to include a Parks, Recreation and Tourism Division and Film Division.
(A) Film Office of the State Development Board, formerly provided for at Section 13-3-10, et seq.;
(B) Department of Parks, Recreation and Tourism; formerly provided for at Section 51-1-10, 51-3-10, 51-7-10, 51-9-10 and 51-11-10, et seq.

Section 1-30-85. Department of Probation, Pardon and Parole.
Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Probation, Pardon and Parole:
Department of Probation, Pardon and Parole, formerly provided for at Section 24-21-10, et seq.

Section 1-30-90. Department of Public Safety
Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Public Safety to be initially divided into divisions for Highway Patrol, State Police, Training and Continuing Education, Motor Vehicle Records and Vehicle Inspection, and Public Safety.
(A) Law Enforcement Hall of Fame, formerly provided for at Section 23-25-10, et seq.;
(B) State Highway Patrol, formerly provided for at Section 23-5-10, et seq.;
(C) Public Service Commission Safety Enforcement, formerly provided at Section 58-3-310;
(D) Law Enforcement Training Council, formerly provided for at Section 23-23-30, et seq.;
(E) Public Safety Division, formerly of the Governor's Office;
(F) The vehicle inspection, administrative services, drivers records, and financial responsibility sections and other offices of the Division of Motor Vehicles formerly provided for at Section 56-1-10 et. seq.

Section 1-30-95. Department of Revenue and Taxation.
Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Revenue and Taxation to be initially divided into divisions for Alcohol Beverage Control, Motor Vehicles, and Tax; provided, however, that from July 1, 1993, until February 1, 1995, the governing authority of the department shall be the commissioners of the Tax Commission, as constituted June 30, 1993, and thereafter, pursuant to the provisions of Section 12-3-10, et seq.:
(A) Licensing Division of Alcoholic Beverage Control Commission, formerly provided for at Section 61-1-10, et seq.;
(B) Motor Vehicle Division of Department of Highways and Public Transportation, formerly provided for at Section 56-1-10, et seq.;
(C) Tax Commission, formerly provided for at Section 12-3-10, et seq.

Section 1-30-100. Department of Social Services.
Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Social Services:
Department of Social Services, formerly provided for at Section 43-1-10, et seq.

Section 1-30-105. Department of Transportation.
Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Transportation to be initially divided into divisions for Mass Transit, Construction and Maintenance, Engineering and Planning, Finance and Administration; provided, however, that the State Highway Commission as constituted on June 30, 1993, under the provisions of Title 56, shall be the governing authority for the department until February 15, 1994, or as soon as its successors are elected or appointed and qualified, whichever is later:
Department of Highways and Public Transportation, except Motor Vehicle Division and State Highway Patrol, formerly provided for at Section 56-1-10, et seq.

B. The Governor
Section 1-30-110. (A) Effective July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the office of the Governor:
(1) Continuum of Care for Emotionally Disturbed Children provided for at Section 20-7-5610, et seq.;
(2) Guardian Ad Litem Program, formerly provided for at Section 20-7-121, et seq.;
(3) State Office of Victim's Assistance, formerly provided for at Section 16-3-1110, et seq.;
(4) Department of Veterans Affairs, formerly provided for at Section 25-11-10, et seq.;
(5) Commission on Women, formerly provided for at Section 1-15-10, et seq.;
(6) Commission on Aging, formerly provided for at Section 43-21-10, et seq.;
(7) Foster Care Review Board, formerly provided for at Section 20-7-2376, et seq.;

C. The State Law Enforcement Division

Section 1-30-120. Effective July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the State Law Enforcement Division:
(A) Alcoholic Beverage Control Commission enforcement division, formerly provided for at Section 61-1-60, et seq.;
(B) State Law Enforcement Division, formerly provided for at Section 23-3-10, et seq."

Reference changed

SECTION 2. Section 1-1-110 of the 1976 Code is amended to read:

"Section 1-1-110. The executive department of this State is hereby declared to consist of the following officers, that is to say: The Governor and Lieutenant Governor, the Secretary of State, the State Treasurer, the Attorney General and the solicitors, the Adjutant General, the Comptroller General, the State Superintendent of Education, the Commissioner of Agriculture and the Director of the Department of Insurance."

Filling of vacancies revised

SECTION 3. Section 1-3-210 of the 1976 Code is amended to read:

"Section 1-3-210. During the recess of the Senate, vacancy which occurs in an office filled by an appointment of the Governor with the advice and consent of the Senate may be filled by an interim appointment of the Governor. The Governor must report the interim appointment to the Senate and must forward a formal appointment at its next ensuing regular session.
If the Senate does not advise and consent thereto prior to sine die adjournment of the next ensuing regular session, the office shall be vacant and the interim appointment shall not serve in hold over status notwithstanding any other provision of law to the contrary. A subsequent interim appointment of a different person to a vacancy created by a failure of the Senate to grant confirmation to the original interim appointment shall expire on the second Tuesday in January following the date of such subsequent interim appointment and the office shall be vacant."

Appointments by the Governor

SECTION 4. Chapter 3 of Title 1 of the 1976 Code is amended by adding:

"Section 1-3-215. (A) Appointments by the Governor requiring the advice and consent of the Senate must be transmitted to the Senate and must contain at a minimum the following information:
(1) the title of the office to which the individual is being appointed;
(2) the designation of any special seat, discipline, interest group or other designated entity that the individual is representing or is chosen from;
(3) the full legal name of the individual being appointed;
(4) the current street or mailing address and telephone number;
(5) the county, counties, district or other geographic area or political subdivision being represented;
(6) the name of the individual being replaced if the appointment is not an initial appointment; and
(7) the commencement and ending date of the term of office.
(B) When an appointment has been confirmed by the Senate, evidence of such confirmation shall be transmitted to the Secretary of State by the Clerk of the Senate and the Secretary of State must thereafter obtain the necessary oath and evidence of bond if required. The taking of the oath of office and filing of any requisite bond shall fully vest the person appointed with the full rights, privileges and powers of the office. The notice of confirmation transmitted by the Senate shall be conclusive as to the validity of an appointment and the issuance of a commission by the Secretary of State after obtaining the requisite documentation is a ministerial act."

Appointment procedure revised

SECTION 5. Section 1-3-220 of the 1976 Code is amended to read:

"Section 1-3-220. The following appointments shall be made by the Governor and are in addition to those appointments by the Governor authorized in other provisions in the Code:
(1) An appointment to fill any vacancy in an office of the executive department as defined in Section 1-1-110 occurring during a recess of the General Assembly. The term of such appointment shall be until the vacancy be filled by a general election or by the General Assembly in the manner provided by law.
(2) An appointment to fill any vacancy in a county office. The person so appointed shall hold office, in all cases in which the office is elective, until the next general election and until his successor shall qualify; and in the case of offices originally filled by appointment and not by election, until the adjournment of the session of the General Assembly next after such vacancy has occurred. The Governor may remove for cause any person so appointed by him under the provisions of this paragraph to fill any such vacancy.
(3) Proxies to represent the share of the State in the Cheraw and Coalfields Railroad Company and in the Cheraw and Salisbury Railroad Company.
(4) The chief constable of the State, whensoever in his judgment any public emergency shall require it or when necessary to the due execution of legal process."

Removal procedures revised

SECTION 6. Section 1-3-240 of the 1976 Code is amended to read:

"Section 1-3-240. (A) Any officer of the county or State, except:
(1) an officer whose removal is provided for in Section 3 of Article XV of the State Constitution; or
(2) an officer guilty of the offense named in Section 8 of Article VI of the Constitution; or
(3) pursuant to subsection (B) of this section, an officer of the State appointed by a Governor, either with or without the advice and consent of the Senate;
who is guilty of malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity shall be subject to removal by the Governor upon any of the foregoing causes being made to appear to the satisfaction of the Governor. But before removing any such officer, the Governor shall inform him in writing of the specific charges brought against him and give him an opportunity on reasonable notice to be heard.
(B) Any person appointed to a state office by a Governor, either with or without the advice and consent of the Senate, other than those officers enumerated in subsection (C), may be removed from office by the Governor at his discretion by an Executive Order removing the officer.
(C) Persons appointed to the following offices of the State may be removed by the Governor for malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity:
(1) Workers' Compensation Commission;
(2) Commission of the Department of Revenue and Taxation;
(3) Ethics Commission;
(4) Election Commission;
(5) Professional and Occupational Licensing Boards;
(6) Juvenile Parole Board;
(7) Probation, Parole and Pardon Board;
(8) Director of the Department of Public Safety;
(9) Board of the Department of Health and Environmental Control, excepting the Chairman;
(10) Chief of State Law Enforcement Division.
Upon the expiration of an officeholder's term, such individual may continue to serve until a successor has been appointed and qualifies."

Removal appeal procedures revised

SECTION 7. Section 1-3-250 of the 1976 Code is amended to read:

"Section 1-3-250. An officer, other than a state officer appointed by the Governor pursuant to subsection (B) of Section 1-3-240, shall have the right of appeal from any order of removal by the Governor under Section 1-3-240 to the resident or presiding judge of the circuit in which the officer resides. The judge shall hear and determine the appeal both as to law and fact upon the record as made before the Governor and upon such additional evidence as he shall see fit to allow. The notice of appeal shall be served upon the Governor, or his secretary, within five days after the service upon the officer of the order of the Governor removing him and shall state the grounds thereof and name the circuit judge to whom the appeal is taken. Thereupon the Governor shall forthwith transmit to the judge the record in the case, including a copy of the order of removal, grounds of removal, evidence in support thereof and return of service and any other matter which in his judgment may be considered by the court. The circuit judge shall within twenty days after the taking of the appeal, or in such shorter time as may be practical, hear and determine the appeal, after giving to the parties reasonable notice of the time and place of hearing. Appeal from the judgment of the circuit judge to the Supreme Court may be had as in any other appeal at law. The hearing may be had and judgment may be rendered in open court, or at chambers within or without the circuit."

Commission placed under Governor's Office

SECTION 8. Section 1-15-10 of the 1976 Code is amended to read:

"Section 1-15-10. There is hereby created a Commission on Women (the commission) to be composed of seven members appointed by the Governor with the advice and consent of the Senate from among persons with a competency in the area of public affairs and women's activities. The commission shall be under and a part of the Office of the Governor. Members of the commission shall serve for terms of four years and until their successors are appointed and qualify except of those first appointed after April 9, 1970, one member shall serve for a term of one year, two members shall serve a term of one year, two members shall serve a term of two years, two members shall serve for a term of three years and two members shall serve for a term of four years. Vacancies shall be filled in the manner of the original appointment for the unexpired portion of the term only. No member shall be eligible to serve more than two consecutive terms."

Reference changed

SECTION 9. Section 1-20-50(B)(5) of the 1976 Code, as last amended by Act 611 of 1990, is further amended to read:

"(5) South Carolina Coordinating Council for Economic Development [Abolished by creation of an Advisory Coordinating Council for Economic Development of the Department of Commerce]"

Reference changed

SECTION 10. Section 1-20-50(C)(1) is amended to read:

"(1) Insurance Commission [Abolished by creation of a Department of Insurance]"

Regulation process revised

SECTION 11. Section 1-23-110 of the 1976 Code, as last amended by Act 507 of 1992, is amended to read:

"Section 1-23-110. (A) Before the promulgation, amendment, or repeal of a regulation, an agency shall:
(1) give notice of a drafting period by publication of a notice in the State Register. The notice must include:
(a) the address to which interested persons may submit written comments during the initial drafting period before the regulations are submitted as proposed;
(b) a synopsis of what the agency plans to draft;
(c) the agency's statutory authority for promulgating the regulation;
(2) submit to the division, no later than the date the notice required in item (3) is published in the State Register, a preliminary assessment report prepared in accordance with Section 1-23-115 on regulations having a substantial economic impact;
(3) give notice of a public hearing at which the agency will receive data, views, or arguments, orally and in writing, from interested persons on proposed regulations by publication of a notice in the State Register if requested by twenty-five persons, by a governmental subdivision or agency, or by an association having not less than twenty-five members. The notice must include:
(a) the address to which written comments must be sent and the time period of not less than thirty days for submitting these comments;
(b) the date, time, and place of the public hearing which must not be held sooner than thirty days from the date the notice is published in the State Register;
(c) either the text or a synopsis of the proposed regulation;
(d) the statutory authority for its promulgation;
(e) a preliminary fiscal impact statement prepared by the agency reflecting estimates of costs to be incurred by the State and its political subdivisions in complying with the proposed regulation. A preliminary fiscal impact statement is not required for those regulations which are not subject to General Assembly review under Section 1-23-120;
(f) a summary of the preliminary assessment report submitted by the agency to the division and notice that copies of the preliminary report are available from the agency. The agency may charge a reasonable fee to cover the costs associated with this distribution requirement. A regulation that does not require an assessment report because it does not have a substantial economic impact, must include a statement to that effect. A regulation exempt from filing an assessment report pursuant to Section 1-23-115(E) must include an explanation of the exemption;
(g) a statement of the need and reasonableness of the regulation.
(B) Notices required by this section must be mailed by the promulgating agency to all persons who have made timely requests of the agency for advance notice of proposed promulgation of regulations.
(C) The agency shall consider fully all written and oral submissions respecting the proposed regulation.
(D) A proceeding to contest a regulation on the ground of noncompliance with the procedural requirements of this section must be commenced within one year from the effective date of the regulation."

Regulation process revised

SECTION 11A. Title 1, Chapter 23 of the 1976 Code, is amended by adding:

"Section 1-23-111. (A) When a public hearing is held pursuant to this article involving the promulgation of regulations by a department for which the governing authority is a single director, it shall be conducted by an administrative law judge assigned by the chief judge. When a public hearing is held pursuant to this article involving the promulgation of regulations by a department for which the governing authority is a board or commission, it shall be conducted by the board or commission, with the chairman presiding. The administrative law judge or chairman, as the presiding official, shall ensure that all persons involved in the public hearing on the regulation are treated fairly and impartially. The agency shall submit into the record the jurisdictional documents, including the statement of need and reasonableness, and any written exhibits in support of the proposed regulation. The agency may also submit oral evidences. Interested persons may present written or oral evidence. The presiding official shall allow questioning of agency representatives or witnesses, or of interested persons making oral statements, in order to explain the purpose or intended operation of the proposed regulation, or a suggested modification, or for other purposes if material to the evaluation or formulation of the proposed regulation. The presiding official may limit repetitive or immaterial statements or questions. At the request of the presiding official or the agency, a transcript of the hearing must be prepared
(B) After allowing all written material to be submitted and recorded in the record of the public hearing no later than five working days after the hearing ends, unless the presiding official orders an extension for not more than twenty days, the presiding official must issue a written report which must include findings as to the need and reasonableness of the proposed regulation and may include suggested modifications to the proposed regulations in the case of a finding of lack of need or reasonableness.
(C) If the presiding official determines that the need for or reasonableness of the proposed regulation has not been established, the agency must elect to:
(a) follow the suggested modifications of the presiding official and submit the proposed regulation for legislative approval pursuant to Section 1-23-120;
(b) not modify the proposed regulation but submit the proposed regulation as originally drafted for legislative approval pursuant to Section 1-23-120 with a copy of the presiding official's report attached; or
(c) withdraw the proposed regulation."

Content of regulation reports

SECTION 12. Section 1-23-115 of the 1976 Code, as last amended by Act 507 of 1992, is amended to read:

"Section 1-23-115. (A) Upon written request by two members of the General Assembly, a regulation that has a substantial economic impact must have an assessment report prepared pursuant to this section and in accordance with the procedures contained in this article.
(B) A state agency must submit to the State Budget and Control Board, Division of Research and Statistical Services, a preliminary assessment report on regulations which have a substantial economic impact. Upon receiving this report the division may require additional information from the promulgating agency, other state agencies, or other sources. A state agency shall cooperate and provide information to the division on requests made pursuant to this section. The division shall prepare and publish a final assessment report within sixty days after the public hearing held pursuant to Section 1-23-110. The division shall forward the final assessment report and a summary of the final report to the promulgating agency.
(C) At a minimum, the preliminary assessment report required by this section must disclose the effects of the proposed regulation on the public health and environmental welfare of the community and State and the effects of the economic activities arising out of the proposed regulation. Both the preliminary and final reports required by this section may include:
(1) a description of the regulation, the purpose of the regulation, the legal authority for the regulation, and the plan for implementing the regulation;
(2) a determination of the need for and reasonableness of the regulation and the expected benefit of the regulation;
(3) a determination of the costs and benefits associated with the regulation and an explanation of why the regulation is considered to be the most cost effective, efficient, and feasible means for allocating public and private resources and for achieving the stated purpose;
(4) the effect of the regulation on competition;
(5) the effect of the regulation on the cost of living and doing business in the geographical area in which the regulation would be implemented;
(6) the effect of the regulation on employment in the geographical area in which the regulation would be implemented;
(7) the source of revenue to be used for implementing and enforcing the regulation;
(8) a conclusion on the short-term and long-term economic impact upon all persons substantially affected by the regulation, including an analysis containing a description of which persons will bear the costs of the regulation and which persons will benefit directly and indirectly from the regulation;
(9) the uncertainties associated with the estimation of particular benefits and burdens and the difficulties involved in the comparison of qualitatively and quantitatively dissimilar benefits and burdens. A determination of the need for the regulation must consider qualitative and quantitative benefits and burdens;
(10) the effect of the regulation on the environment and public health;
(11) the detrimental effect on the environment and public health if the regulation is not implemented. An assessment report must not consider benefits or burdens on out-of-state political bodies or businesses. The assessment of benefits and burdens which cannot be precisely quantified may be expressed in qualitative terms. This subsection must not be interpreted to require numerically precise cost-benefit analysis. At no time is an agency required to include items (4) through (8) in a preliminary assessment report; however, these items may be included in the final assessment report prepared by the division.
(D) If information required to be included in the assessment report materially changes at any time before the regulation is approved or disapproved by the General Assembly, the agency must submit the corrected information to the division which must forward a revised assessment report to the Legislative Council for submission to the committees to which the regulation was referred during General Assembly review.
(E) An assessment report is not required on:
(1) regulations specifically exempt from General Assembly review by Section 1-23-120; however, if any portion of a regulation promulgated to maintain compliance with federal law is more stringent than federal law, then that portion is not exempt from this section;
(2) emergency regulations filed in accordance with Section 1-23-130; however, before an emergency regulation may be refiled pursuant to Section 1-23-130, an assessment report must be prepared in accordance with this section;
(3) regulations which control the hunting or taking of wildlife including fish or setting times, methods, or conditions under which wildlife may be taken, hunted, or caught by the public, or opening public lands for hunting and fishing."

Name changed

SECTION 13. Section 1-23-120(G)(3) of the 1976 Code, is amended to read:

"(3) by the South Carolina Department of Revenue and Taxation to adopt regulations, revenue rulings, revenue procedures, and technical advice memoranda of the Internal Revenue Service so as to maintain conformity with the Internal Revenue Code of 1954;"

Emergency regulation refiling provisions revised

SECTION 14. Section 1-23-130 of the 1976 Code, is amended to read:

"Section 1-23-130. (A) If an agency finds that an imminent peril to public health, safety, or welfare requires immediate promulgation of an emergency regulation before compliance with the procedures prescribed in this article or if a natural resources related agency finds that abnormal or unusual conditions, immediate need, or the state's best interest requires immediate promulgation of emergency regulations to protect or manage natural resources, the agency may file the regulation with the Legislative Council and a statement of the situation requiring immediate promulgation. The regulation becomes effective as of the time of filing.
(B) An emergency regulation filed under this section which has a substantial economic impact may not be refiled unless accompanied by the summary of the final assessment report prepared by the division pursuant to Section 1-23-115 and a statement of need and reasonableness is prepared by the agency pursuant to Section 1-23-111.
(C) If emergency regulations are either filed or expire while the General Assembly is in session, the emergency regulations remain in effect for ninety days only and may not be refiled; but if emergency regulations are both filed and expire during a time when the General Assembly is not in session they may be refiled for an additional ninety days.
(D) Emergency regulations and the agency statement as to the need for and reasonableness of immediate promulgation must be published in the next issue of the State Register following the date of filing. The summary of the final assessment report required for refiling emergency regulations pursuant to subsection (B) must also be published in the next issue of the State Register.
(E) An emergency regulation promulgated pursuant to this section may be permanently promulgated by complying with the requirements of this article."

Force and effect of certain regulations

SECTION 15. Section 1-23-160 of the 1976 Code, is amended to read:

"Section 1-23-160. All regulations of state agencies promulgated according to law and filed with the Secretary of State as of January 1, 1977, shall have the full force and effect of law. All regulations of state agencies promulgated under this article and effective as of June 30, 1994 shall have the full force and effect of law."

Definition to include Administrative Law Judge Division

SECTION 16. Section 1-23-310 of the 1976 Code, is amended to read:

"Section 1-23-310. As used in this article:
(1) `Agency' means each state board, commission, department or officer, other than the legislature or the courts, but to include the Administrative Law Judge Division, authorized by law to determine contested cases;
(2) `Contested case' means a proceeding, including but not restricted to ratemaking, price fixing, and licensing, in which the legal rights, duties or privileges of a party are required by law to be determined by an agency after an opportunity for hearing;
(3) `License' includes the whole or part of any agency permit, franchise, certificate, approval, registration, charter, or similar form of permission required by law, but it does not include a license required solely for revenue purposes;
(4) `Party' means each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party;
(5) `Person' means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency."

Court reference revised

SECTION 17. Section 1-23-320 of the 1976 Code, is amended to read:

"Section 1-23-320. (a) In a contested case, all parties must be afforded an opportunity for hearing after notice of not less than thirty days, except in proceedings before the Employment Security Commission, which shall be governed by the provisions of Section 41-35-680.
(b) The notice shall include:
(1) a statement of the time, place and nature of the hearing;
(2) a statement of the legal authority and jurisdiction under which the hearing is to be held;
(3) a reference to the particular sections of the statutes and rules involved;
(4) a short and plain statement of the matters asserted. If the agency or other party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter, upon application, a more definite and detailed statement shall be furnished.
(c) Any party to such proceedings may cause to be taken the depositions of witnesses within or without the State and either by commission of de bene esse. Such depositions shall be taken in accordance with and subject to the same provisions, conditions and restrictions as apply to the taking of like depositions in civil actions at law in the court of common pleas; and the same rules with respect to the giving of notice to the opposite party, the taking and transcribing of testimony, the transmission and certification thereof and matters of practice relating thereto shall apply.
(d) The agency hearing a contested case may issue in the name of the agency subpoenas for the attendance and testimony of witnesses and the production and examination of books, papers and records on its own behalf or, upon request, on behalf of any other party to the case.
The administrative law judge division shall, on application of the agency enforce by proper proceedings the attendance and testimony of witnesses and the production and examination of books, papers and records and shall have the power to punish as for contempt of court, by a fine or imprisonment or both, the unexcused failure or refusal to attend and give testimony or produce books, papers and records as may have been required in any subpoena issued by the agency. The agency may issue to the sheriff of the county in which any hearing is held a warrant requiring him to produce at the hearing any witness who shall have ignored or failed to comply with any subpoena issued by the agency and duly served upon such witness. Such a warrant shall authorize the sheriff to arrest and produce at the hearing such witness, and it shall be his duty to do so; but the failure of a witness so to appear in response to any such subpoena may be excused on the same grounds as provided by law in the courts of this State as to the attendance of witnesses and jurors.
(e) Opportunity shall be afforded all parties to respond and present evidence and argument on all issues involved.
(f) Unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order or default.
(g) The record in a contested case shall include:
(1) all pleadings, motions, intermediate rulings and depositions;
(2) evidence received or considered;
(3) a statement of matters officially noticed;
(4) questions and offers of proof, objections and rulings thereon;
(5) proposed findings and exceptions;
(6) any decision, opinion or report by the officer or administrative law judge presiding at the hearing.
(h) Oral proceedings or any part thereof shall be transcribed on request of any party.
(i) Findings of fact shall be based exclusively on the evidence and on matters officially noticed."

Review of contested case final decisions

SECTION 18. Section 1-23-380 of the 1976 Code is amended to read:

"Section 1-23-380. (A) A party who has exhausted all administrative remedies available within the agency and who is aggrieved by a final decision in a contested case is entitled to judicial review under this article, Article 1, and Article 5. This section does not limit utilization of or the scope of judicial review available under other means of review, redress, relief or trial de novo provided by law. A preliminary, procedural, or intermediate agency action or ruling is immediately reviewable if review of the final agency decision would not provide an adequate remedy.
(1) Proceedings for review are instituted by filing a petition in the circuit court within thirty days after the final decision of the agency or, if a rehearing is requested, within thirty days after the decision thereon. Copies of the petition shall be served upon the agency and all parties of record.
(2) The filing of the petition does not itself stay enforcement of the agency decision. The agency may grant, or the reviewing court may order, a stay upon appropriate terms.
(3) Within thirty days after the service of the petition, or within further time allowed by the court, the agency shall transmit to the reviewing court the original or a certified copy of the entire record of the proceeding under review. By stipulation of all parties to the review proceedings, the record may be shortened. A party unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional costs. The court may require or permit subsequent corrections or additions to the record.
(4) If, before the date set for hearing, application is made to the court for leave to present additional evidence, and it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the agency, the court may order that the additional evidence be taken before the agency upon conditions determined by the court. The agency may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions with the reviewing court.
(5) The review shall be conducted by the court without a jury and shall be confined to the record. In cases of alleged irregularities in procedure before the agency, not shown in the record, proof thereon may be taken in the court. The court, upon request, shall hear oral argument and receive written briefs.
(6) The court shall not substitute its judgment for that of the agency as to the weight of the evidence on questions of fact. The court may affirm the decision of the agency or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions or decisions are:
(a) in violation of constitutional or statutory provisions;
(b) in excess of the statutory authority of the agency;
(c) made upon unlawful procedure;
(d) affected by other error of law;
(e) clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or
(f) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
(B) Review by an Administrative Law Judge of a final decision in a contested case decided by a professional and occupational licensing board within the Department of Labor, Licensing, and Regulation shall be done in the same manner prescribed in (A) for circuit court review of final agency decisions, with the presiding Administrative Law Judge exercising the same authority as the circuit court; provided, however, that a party aggrieved by a final decision of an Administrative Law Judge in such a case is entitled to judicial review of that decision by the circuit court under the provisions of (A) of this section and pursuant to Section 1-23-610(C)."

Administrative Law Judge Division

SECTION 19. Chapter 23, Title 1 of the 1976 Code is amended by adding:

"Article 5

South Carolina Administrative
Law Judge Division

Section 1-23-500. There is created the South Carolina Administrative Law Judge Division, which is an agency of the executive branch of the government of this State. Effective March 1, 1994, the division shall initially consist of three administrative law judges and shall consist of a total of six administrative law judges, effective on February 1, 1995. The administrative law judges shall be part of the State employees retirement system.

Section 1-23-510. (A) The judges of the division must be elected by the General Assembly in joint session, for a term of five years and until their successors are elected and qualify; provided, that of those judges initially elected, the chief judge, elected to Seat 1 must be elected for a term of five years, the judge elected to Seat 2 must be elected for a term of three years, the judge elected to Seat 3 must be elected for a term of one year. The remaining judges of the division must be elected for terms of office to begin February 1, 1995, for terms of five years and until their successors are elected and qualify; provided, that those judges elected to seats whose terms of office are to begin on February 1, 1995, to Seat 4 must be initially elected for a term of five years, the judge elected to Seat 5 must be initially elected for a term of three years, and the judge elected to Seat 6 must be initially elected for a term of one year. The terms of office of the judges of the division for Seats 1, 2, and 3 shall begin on March 1, 1994. The terms of office of the judges of the division for Seats 4, 5, and 6 shall begin on February 1, 1995. The terms of office of each of the seats shall terminate on the thirtieth day of June in the final year of the term for the respective seats.
(B) In electing administrative law judges, race, gender, and other demographic factors including age, residence, type of practice, and law firm size should be considered to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of this State.
(C) Before election as an administrative law judge, a candidate must undergo screening pursuant to the provisions of Section 2-19-10, et seq.
(D) Each seat on the division must be numbered. Elections are required to be for a specific seat. The office of chief administrative law judge is a separate and distinct office for the purpose of an election.
(E) In the event that there is a vacancy in the position of the chief administrative law judge or for any reason the chief administrative law judge is unable to act, his powers and functions must be exercised by the administrative law judge occupying Seat 2.

Section 1-23-520. No person is eligible for the office of law judge of the division who does not at the time of his election meet the qualification for justices and judges as set forth in Article V of the Constitution of this State.

Section 1-23-525. No member of any General Assembly who is not otherwise prohibited from being elected to an administrative law judge position may be elected to such position while he is a member of the General Assembly and for a period of four years after he ceases to be a member of the General Assembly.

Section 1-23-530. The judges of the division shall qualify after the date of their election by taking the constitutional oath of office.

Section 1-23-540. The chief judge (Seat 1) shall receive as annual salary equal to ninety percent of that paid to the circuit court judges of this State. The remaining judges shall receive as annual salary equal to eighty percent of that paid to the circuit court judges of this State. They are not allowed any fees or perquisites of office, nor may they hold any other office of honor, trust, or profit. Administrative law judges in the performance of their duties are also entitled to that per diem, mileage, expenses, and subsistence as is authorized by law for circuit court judges.
Each administrative law judge shall devote full time to his duties as an administrative law judge, and may not practice law during his term of office, nor may he during this term be a partner or associate with anyone engaged in the practice of law in this State.

Section 1-23-550. All vacancies in the office of administrative law judge must be filled in the manner of original appointment. When a vacancy is filled, the judge elected shall hold office only for the unexpired term of his predecessor.

Section 1-23-560. Administrative law judges are bound by the Code of Judicial Conduct, as contained in Rule 501 of the South Carolina Appellate Court Rules. The State Ethics Commission is responsible for enforcement and administration of those rules pursuant to Section 8-13-320.

Section 1-23-570. The Chief Judge of the Administrative Law Judge Division is responsible for the administration of the division. The chief judge shall assign judges of the division to hear contested cases of the various state departments and commissions for which it is responsible on a general rotation and interchange basis by scheduling and assigning administrative law judges based upon subject matter no less frequently than every six months.

Section 1-23-580. (A) A clerk of the division, to be appointed by the chief judge, must be appointed and is responsible for the custody and keeping of the records of the division. The clerk of the division shall perform those other duties as the chief judge may prescribe.
(B) The other support staff of the division is as authorized by the General Assembly in the annual general appropriations act. The division may engage stenographers for the transcribing of the proceedings in which an administrative law judge presides. It may contract for these stenographic functions, or it may use stenographers provided by the agency or commission.

Section 1-23-590. The General Assembly in the annual general appropriations act shall appropriate those funds necessary for the operation of the Administrative Law Judge Division.

Section 1-23-600. (A) The hearings and proceedings concerning contested cases must be transcribed and are open to the public unless confidentiality is allowed or required by law. The presiding administrative law judge shall render the decision in a written order. The decisions or orders of these administrative law judges are not required to be published but are available for public inspection unless the confidentiality thereof is allowed or required by law.
(B) An administrative law judge of the division shall preside over all hearings of contested cases as defined in Section 1-23-310 involving the departments of the executive branch of government in which a single hearing officer is authorized or permitted by law or regulation to hear and decide such cases except those arising under the Occupational Safety and Health Act.
(C) Departments shall notify the Administrative Law Judge Division of all pending contested cases. Upon notification, the chief judge shall assign an administrative law judge to each contested case.
(D) An administrative law judge of the division also shall preside over all hearings of appeals from final decisions of contested cases before professional and occupational licensing boards or commissions within the Department of Labor, Licensing, and Regulation pursuant to Section 1-23-380.
(E) Notwithstanding the other provisions of this section, from July 1, 1993 until February 28, 1994, cases to which an administrative law judge would be assigned shall be heard and decided by a special hearing officer appointed by the governing authority of the appropriate department. A special hearing officer shall have the same duties and authority as an administrative law judge under the provisions of this article.

Section 1-23-610. (A) For quasi-judicial review of any final decision of an administrative law judge of cases involving departments governed by a board or commission authorized to exercise the sovereignty of the State, a petition by an aggrieved party must be filed with the appropriate board or commission and served on the opposing party not more than thirty days after the party receives the final decision and order of the administrative law judge. Appeal in these matters is by right. A party aggrieved by a final decision of a board in such a case is entitled to judicial review of that decision by the Circuit Court under the provisions of (A) of this section and pursuant to Section 1-23-610(C).
(B) For judicial review of any final decision of an administrative law judge of cases involving departments governed by a single director, a petition by an aggrieved party must be filed with the Circuit Court and served on the opposing party not more than thirty days after the party receives the final decision and order of the administrative law judge. Appeal in these matters is by right.
(C) For judicial review of any final decision of an administrative law judge of cases involving professional and occupational licensing boards within the Department of Labor, Licensing, and Regulation, a petition by an aggrieved party must be filed with the Circuit Court and served on the opposing party not more than thirty days after the party receives the final decision and order of the administrative law judge. Appeal in these matters is by right.
(D) The review of the administrative law judge's order must be confined to the record. The reviewing tribunal may affirm the decision or remand the case for further proceedings; or it may reverse or modify the decision if the substantive rights of the petitioner has been prejudiced because of the finding, conclusion, or decision is:
(a) in violation of constitutional or statutory provisions;
(b) in excess of the statutory authority of the agency;
(c) made upon unlawful procedure;
(d) affected by other error of law;
(e) clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or
(f) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
Where appropriations in the annual general appropriations act, or where fees, fines, forfeitures or revenues imposed or collected by agencies or commissions were required to be used for the hearing of contested cases, such appropriations or monies must continue to be used for these purposes after the effective date of this article.

Section 1-23-630. Each of the law judges of the division has the same power at chambers or in open hearing as do circuit court judges, and to issue those remedial writs as are necessary to give effect to its jurisdiction.

Section 1-23-640. The division shall maintain its principal offices in the City of Columbia. However, judges of the division shall hear contested cases at the offices or location of the involved department or commission as prescribed by the agency or commission, or at suitable locations outside the City of Columbia as determined by the chief judge.

Section 1-23-650. Rules governing the administration of the Administration Law Judge Division shall be promulgated by the division. Rules governing procedures before the division, not otherwise expressed in Chapter 23 of Title 1 of the 1976 Code, shall be promulgated by the division and subject to review by the General Assembly as are rules of procedure promulgated by the Supreme Court under Article V of the Constitution.

Section 1-23-660. Any contested case docketed for hearing before a board or commission abolished by this act shall continue to be under the jurisdiction of such board or commission until the case reaches final disposition at a hearing, with any ruling or adjudication of the board or commission binding. The rules of procedure and review for such boards or commissions in effect on the date of filing of the pending action shall remain in effect until the final disposition of the pending action, other provisions of this chapter notwithstanding. Where a contested case pending before a board or commission abolished by this act is continued under the jurisdiction of such board or commission as provided in this section and where that board or commission is abolished as provided by this act, that board or commission notwithstanding such provision abolishing it shall nevertheless continue in existence for the sole purpose of conducting and bringing to final disposition all such cases. Where any member of that board or commission has assumed another office after the abolition of that board or commission, he shall be considered an ex officio member of his former board or commission for the purposes of this paragraph. Any member of a board or commission abolished who continues to serve in the manner and for the purposes provided by this paragraph is entitled to receive only that mileage, per diem, and subsistence paid to members of state boards, commissions, and committees."

Agency names revised

SECTION 20. Section 1-25-60(A) of the 1976 Code is amended to read:

"(A) For the purpose of coordinating state agency cooperation with the project, a State Interagency Planning and Evaluation Advisory Committee shall be formed consisting of the following members:
(1) The chief executive officer of the following state human services agencies and commissions:
(a) Department of Social Services
(b) Department of Health and Environmental Control
(c) Department of Mental Health
(d) Department of Alcohol and Other Drug Abuse Services
(e) Department of Vocational Rehabilitation
(f) Commission for the Blind
(g) Department of Disabilities and Special Needs
(h) Division on Aging
(2) A representative of the State Reorganization Commission, who shall serve as Chairman.
(3) A representative of two statewide private service agencies to be appointed by the committee chairman.
(4) A representative of the Governor's office designated annually by the Governor.
(5) Four persons representing human service clients, consumers or any other class, group or public or private entity that would substantially contribute to the purposes of the committee, to be appointed by these committee chairmen:
(a) Senate Finance Committee;
(b) Senate General Committee;
(c) House Ways and Means Committee;
(d) House Medical, Military, Public and Municipal Affairs Committee."

Name revised

SECTION 21. Section 2-7-71 of the 1976 Code is amended to read:

"Section 2-7-71. When any bill relating to state taxes is reported out of a standing committee of the Senate or House of Representatives for consideration, there must be attached and printed as a part of the committee report a statement of the estimated fiscal impact of the bill on the finances of the State signed by an authorized agent of the Department of Revenue and Taxation or his designee. As used in this section `statement of estimated fiscal impact' means the consensus opinion of the persons executing the required statement as to the increase or decrease in the net tax revenue to the State if the bill concerned is enacted by the General Assembly."

Name revised

SECTION 22. Section 2-7-73(A) of the 1976 Code is amended to read:

"(A) Any bill or resolution which would mandate a health coverage or offering of a health coverage by an insurance carrier, health care service contractor, or health maintenance organization as a component of individual or group policies, must have attached to it a statement of the financial impact of the coverage, according to the guidelines enumerated in subsection (B). This financial impact analysis must be conducted by the Division of Research and Statistical Services and signed by an authorized agent of the Department of Insurance, or his designee. The statement required by this section must be delivered to the Senate or House committee to which any bill or resolution is referred, within thirty days of the written request of the chairman of such committee."

Authorization of state highway bonds

SECTION 23. Section 2-7-105 of the 1976 Code is amended to read:

"Section 2-7-105. State capital improvement bonds may be authorized by the General Assembly in odd-numbered years. State highway bonds may be authorized by the General Assembly in even-numbered years."

Names changed

SECTION 24. Section 2-13-190 of the 1976 Code is amended to read:

"Section 2-13-190. Within five days after receiving such page proofs corrected from the Code Commissioner, the Office of Legislative Printing and Information Technology Resources (LPITR) shall print the same and shall deliver as many copies to the Code Commissioner as the commissioner may order. The Code Commissioner on receipt of such copies shall send a copy to each of the following officers: The Governor, Supreme Court Justices, Clerk of the Supreme Court, Court of Appeals Judges, Clerk of the Court of Appeals, circuit judges, circuit solicitors, county judges, county solicitors, clerk of the court of each county, judge of probate of each county, Attorney General, Secretary of State, Comptroller General, Adjutant General, State Treasurer, Chief Bank Examiner, Department of the Revenue and Taxation, Director of the Department of Transportation, State Health Officer, Director of the Department of Natural Resources, Chairman of the Public Service Commission, Commissioner of Agriculture, Director of the Department of Insurance, State Budget and Control Board, State Superintendent of Education, State Librarian, Clerk of the House of Representatives, Clerk of the Senate, Director of the South Carolina Archives Department, and the members of the General Assembly. Any magistrate may obtain a copy of advance sheets of statutes by sending his name, address, and term to the Code Commissioner."

Names changed

SECTION 25. Section 2-13-240 of the 1976 Code is amended to read:

"Section 2-13-240. (a) Sets of the Code of Laws of South Carolina, 1976, shall be distributed by the Legislative Council as follows: Governor, three; Lieutenant Governor, two; Secretary of State, three; Treasurer, one; Attorney General, fifty; Adjutant General, one; Comptroller General, two; Superintendent of Education, two; Commissioner of Agriculture, two; each member of the General Assembly, one; office of the Speaker of the House of Representatives, one; Clerk of the Senate, one; Clerk of the House of Representatives, one; each committee room of the General Assembly, one; each member of the Legislative Council, one; Code Commissioner, one; Legislative Council, ten; Supreme Court, fourteen; Court Administration Office, five; each circuit court judge, one; each circuit court solicitor, one; each family court judge, one; each county court judge, one; College of Charleston, one; The Citadel, two; Clemson University, three; Francis Marion College, one; Lander College, one; Medical University of South Carolina, two; South Carolina State College, two; University of South Carolina, four; each regional campus of the University of South Carolina, one; University of South Carolina Law School, forty-six; Winthrop College, two; each technical college or center, one; each county governing body, one; each county clerk of court and register of mesne conveyances where such offices are separate, one; each county auditor, one; each county coroner, one; each county magistrate, one; each county master in equity, one; each county probate judge, one; each county public library, one; each county sheriff, one; each public defender, one; each county superintendent of education, one; each county treasurer, one; Library of Congress, three; United States Supreme Court, one; each member of Congress from South Carolina, one; each state library which furnishes this State a free set of its Code of Laws, one; Division of Aeronautics of the Department of Commerce, one; Department of Alcohol and other Drug Abuse Services, one; Department of Archives and History, one; Board of Bank Control, one; Commissioner of Banking, one; Budget and Control Board (Auditor, six; General Services Division, six; Personnel Division, one; Research and Statistical Services Division, one; Retirement System, one); Children's Bureau, one; Department of Consumer Affairs, one; Department of Corrections, two; Criminal Justice Academy, one; Department of Commerce, five; Employment Security Commission, two; Ethics Commission, one; Forestry Commission, one; Department of Health and Environmental Control, five; Department of Transportation, five; Department of Public Safety, five; Human Affairs Commission, one; Workers' Compensation Commission, seven; Department of Insurance, two; Department of Juvenile Justice and Aftercare, one; Department of Labor, Licensing and Regulation, two; South Carolina Law Enforcement Division, four; Legislative Audit Council, one; State Library, three; Department of Mental Health, three; Department of Disabilities and Special Needs, five; Ports Authority, one; Department of Probation, Parole and Pardon, two; Public Service Commission, three; Reorganization Commission, one; Department of Social Services, two; Department of Revenue and Taxation, six; Board for Technical and Comprehensive Education, one; Veterans' Affairs Division of the Governor's office, one; Vocational Rehabilitation, one; Department of Natural Resources, four.
(b) If any technical college or center offers a course in paralegal practice such college or center shall be allowed two additional sets of the Code.
(c) All remaining copies of the Code may be sold or distributed in the best interest of the State as may be determined by the Legislative Council.
(d) The provisions of Sections 8-15-30 and 8-15-40 of the 1976 Code shall not apply to members of the General Assembly, members of the Legislative Council and the Code Commissioner."

Name changed

SECTION 26. Section 2-15-61 of the 1976 Code is amended to read:

"Section 2-15-61. For the purposes of carrying out its audit duties under this chapter, the Legislative Audit Council shall have access to the records and facilities of every state agency during that agency's operating hours with the exception of reports and returns of the South Carolina Department of Revenue and Taxation as provided in Sections 12-7-1680 and 12-35-1530."

Other officials added

SECTION 27. Section 2-17-15 of the 1976 Code is amended to read:

"Section 2-17-15. (A) The Governor, the Lieutenant Governor, any other statewide constitutional officer, a member of the General Assembly, a director or deputy director of a state department appointed by the Governor and a member of the immediate family of any of these public officials may not serve as a lobbyist during the time the official holds office and for one year after such public service ends.
(B) The provisions of this section apply to the Governor, the Lieutenant Governor, or any other statewide constitutional officer who is elected after December 31, 1993, or any member of the General Assembly who is elected after December 31, 1991, and any director or deputy director of a state department appointed after June 30, 1993."

Screening procedures revised

SECTION 28. Section 2-19-30 of the 1976 Code is amended to read:

"Section 2-19-30. Upon completion of the investigation, the chairman of the joint committee shall schedule a public hearing concerning the qualifications of the candidates. Such hearings shall be conducted no later than two weeks prior to the date set in the election resolution for such election. Any person who desires to testify at the hearing, including candidates, shall furnish a written statement of his proposed testimony to the chairman of the joint committee. Such statements shall be furnished no later than forty-eight hours prior to the date and time set for the hearing. The joint committee shall determine the persons who shall testify at the hearing. All testimony, including documents furnished to the joint committee, shall be submitted under oath and persons knowingly furnishing false information either orally or in writing shall be subject to the penalties provided by law for perjury and false swearing. During the course of the investigation, the joint committee may schedule an executive session at which each candidate, and other persons whom the committee wishes to interview, may be interviewed by the joint committee on matters pertinent to the candidate's qualification for the office to be filled. A reasonable time thereafter the committee shall render its tentative findings as to whether the candidate is qualified for the office to be filled and its reasons therefor as to each candidate.
As soon as possible after the completion of the hearing, a verbatim copy of the testimony, documents submitted at the hearing, and findings of fact shall be transcribed and published in the Journals of both houses or otherwise made available in a reasonable number of copies to the members of both houses prior to the date of the scheduled election, and a copy thereof shall be furnished to each candidate.
A candidate may withdraw at any stage of the proceedings and in such event no further inquiry, report on, or consideration of his candidacy shall be made."

Prohibition against pledging expanded

SECTION 29. Section 6, Part IV of Act 610 of 1990 is designated as Section 2-19-70 of the 1976 Code and is amended to read:

"Section 2-19-70. No candidate for judicial office may seek directly or indirectly the pledge of a member of the General Assembly's vote until the qualifications of all candidates for that office have been determined by the judicial screening committee, nor may a member offer the pledge until the qualifications of all candidates for that office have been determined by the judicial screening committee. For purposes of this section, indirectly seeking a pledge means the candidate or someone acting on behalf of and at the request of the candidate requesting a person, before screening, to contact a member of the General Assembly on behalf of the candidate. The prohibitions of this section do not extend to an announcement of candidacy by the candidate and statements by the candidate detailing the candidate's qualifications.
Violations of this section may be considered by the screening committee when it considers the candidate's qualifications."

Name changed

SECTION 30. Section 2-22-20 of the 1976 Code is amended to read:

"Section 2-22-20. The committee has the responsibility for coordination of all public aquaculture and mariculture development in this State. In an effort to eliminate duplication and to ensure use of appropriated monies in the most efficient manner, the committee shall establish an interagency advisory staff whose director must be appointed by the committee. Agencies and institutions represented on the staff shall include: the Department of Agriculture, the Department of Health and Environmental Control, Clemson University, the University of South Carolina, South Carolina Department of Natural Resources, S.C. Sea Grant Consortium, and the Coastal division of the Department of Health and Environmental Control.
State agencies and institutions are directed to, within their fiscal capabilities, make appropriate resources and personnel available to the committee for input and assistance upon request by the committee."

Name changed

SECTION 31. Section 2-23-10 of the 1976 Code is amended to read:

"Section 2-23-10. There is created a permanent joint legislative committee to conduct a continuing study of the insurance industry and related laws. The committee is composed of sixteen members. Five members must be appointed from the House of Representatives by its Speaker, five members must be appointed from the Senate by its President, and five members must be appointed by the Governor. The Director of the Department of Insurance shall serve as an ex officio member. None of the Governor's appointees may be members of the General Assembly. At its first meeting the committee shall organize by selecting from its membership a chairman, vice-chairman, secretary, and other officers the committee may determine. The committee shall meet on the call of the chairman or a majority of the members. Terms of committee members who are members of the General Assembly are coterminous with their terms of office. Appointees of the Governor must be appointed for terms of two years and until their successors are appointed. The committee shall report its findings and recommendations annually as soon as practicable after the convening of the General Assembly."

Joint Bond Review Committee to regulate starting date of certain highway projects

SECTION 32. Chapter 47, Title 2 of the 1976 Code, is amended by adding:

"Section 2-47-60. The Joint Bond Review Committee is hereby authorized and directed to regulate the starting date of the various projects approved for funding through the issuance of state highway bonds so as to ensure that the sources of revenue for debt service on such bonds shall be sufficient during the current fiscal year."

Reference revised

SECTION 33. Section 2-67-10 of the 1976 Code is amended to read:

"Section 2-67-10. There is created a nine member joint committee of the General Assembly to be known as the Joint Liaison Committee on Small Business. Two members must be appointed from the Senate Labor, Commerce and Industry Committee by the chairman thereof and two members must be appointed from the House Labor, Commerce and Industry Committee by the chairman thereof. One member must be appointed from Senate Finance Committee by the chairman thereof and one member must be appointed from the House Ways and Means Committee by the chairman thereof. One member must be appointed by the Governor which member shall represent the small business community. Additionally, the chairman of the Governor's Small and Minority Business Expansion Council and the Director of the Department of Commerce shall serve ex officio and may designate persons to represent them at meetings of the committee. Terms of the legislative members of the committee are coterminous with their elected terms as members of the General Assembly. The term of the member appointed by the Governor representing the small business community shall be for four years and until his successor is appointed and qualifies. Vacancies must be filled in the manner of original appointment for the remainder of the unexpired term."

Name changed

SECTION 34. Section 2-67-30 of the 1976 Code is amended to read:

"Section 2-67-30. The members of the committee shall meet as soon as practicable after their appointment and shall elect a chairman, vice-chairman, and other officers as they consider necessary. The committee at its first meeting shall also adopt rules for the purpose of governing its internal proceedings. The committee shall meet at least quarterly and at other times as may be designated by the chairman.
Members of the committee shall receive the usual mileage, per diem, and subsistence as provided by law for members of state boards, commissions, and committees to be paid from approved accounts from both houses.
All other expenses of the committee must be defrayed from the budget of the Department of Commerce, which shall also provide staff support and assistance to the committee."

Cultural agencies study

SECTION 35. Chapter 68 of Title 2 of the 1976 Code is amended by adding:

"Section 2-68-50. The Joint Legislative Committee on Cultural Affairs shall conduct a study of cultural agencies and report to the General Assembly no later than March 1, 1994, on the advisability of those agencies remaining independent or being combined with other related agencies, departments, or divisions. The agencies the committee shall study include, but are not limited to, the South Carolina Arts Commission, the Department of Archives and History, the Confederate Relic Room, the Old Exchange Commission, the State Library, and the State Museum. In addition, the committee shall include in its study a recommendation of whether or not the Patriot's Point Development Authority should become a division of the Department of Parks, Recreation and Tourism."

Name changed

SECTION 36. Section 3-3-210 of the 1976 Code is amended to read:

"Section 3-3-210. Subject to the rights of the South Carolina Department of Natural Resources or its successors to lease and subject to the rights of the people of the State to gather oysters and other shellfish on any of the lands hereinafter described, there has been granted to the United States all of the marshlands, sand banks, shores, edges and lands uncovered by water at low tide which are included within the outside boundaries of the premises hereinafter described or which are contiguous and adjacent to such boundaries, to wit:
(1) All that plantation or tract of land containing a body of marshland, in all seven thousand five hundred and sixty-eight (7,568) acres, situate in and around Bull Bay, in the county of Charleston, embracing those islands known as White Banks, being the premises granted to Richard T. Morrison, September 1, 1860, by grants recorded in book Q No. 6, pages 218 and 219, in the office of the Secretary of State, plats of which tracts are also recorded in volume 57, page 429 and page 430, in the office of the Secretary of State;
(2) All those fifteen islands, together containing sixteen thousand nine hundred and ninety-two (16,992) acres, situate near Bull Bay in Charleston County, which islands as a group bound east on the Atlantic Ocean, to the west partly on Bull Bay, to the northward on creeks and marshes, names unknown, and to the southward on Raccoon Keys, being the islands granted to John Bowman, August 1, 1791, by grant recorded in grant book No. 5, page 205, in the office of the Secretary of State aforesaid, and subsequently conveyed to H. P. Jackson by deed recorded in book Y-20, page 216, in the R.M.C. office for Charleston County aforesaid, a plat of which islands is recorded in plat book 1, page 205, in the office of the Secretary of State aforesaid and also in plat book B, page 136, in the R.M.C. office aforesaid;
(3) All that tract of land, marsh and sandbank, known as the Casinas, containing three hundred and sixty (360) acres, more or less, near Cape Romain in Charleston County, being the tract granted to John Lee, William Lee and Charles E. Lee, August 3, 1840, by grant recorded in grant book O No. 6, page 485, in the office of the Secretary of State aforesaid, and subsequently conveyed to Henry P. Jackson, by deed recorded in book Y-20, page 214, in the R.M.C. office aforesaid, a plat of which tract is recorded in volume 42, page 68, in the office of the Secretary of State aforesaid and in book B, page 133, in the R.M.C. office aforesaid;
(4) All that tract of land known as Cape Romain and Bird Bank containing nine hundred and seventy (970) acres, situated in Charleston County, being the premises granted to John Lee, William Lee and Charles E. Lee, by grant recorded in grant book O No. 6, page 486, in the office of the Secretary of State aforesaid and subsequently conveyed to H. P. Jackson by deed recorded in book Y-20, page 215, in the R.M.C. office aforesaid, a plat of which is recorded in plat book B, page 131, in the R.M.C. office aforesaid;
(5) All that tract of land containing five thousand five hundred and sixty (5,560) acres on an island known as Big and Little Raccoon Keys, situate in Charleston County, which island bounds eastward on Cape Romain Inlet, southward on the Atlantic Ocean and westward on Bull Bay, being the island granted to John Vinyard, October 7, 1816, by grant recorded in volume 61, page 86, in the office of the Secretary of State aforesaid, and subsequently conveyed to H. P. Jackson by deed recorded in book Y-20, page 213, in the R.M.C. office aforesaid; and
(6) All that tract of land and marshland containing one thousand and forty (1,040) acres, more or less, situate in Christ Church Parish in Charleston County, bounded on the north and northeast by Palmetto Creek, to the north and northwest by lands late of the estate of Whitesides, C. B. Northrop, Hodge and Kelly, south and southwest by lands late of Moses Whitesides, Esq., south and southeast by a creek known as No Man's Friend Creek, being the tract granted to C. B. Northrop, July 2, 1855, by grant recorded in book Q No. 6, page 67, in the office of the Secretary of State and subsequently conveyed to H. P. Jackson by deed recorded in book Y-20, page 217, in the R.M.C. office aforesaid, a plat of which tract is recorded in State record volume 43, page 270, and also in book B, page 132, in the R.M.C. office aforesaid.
Jurisdiction; migratory bird refuge.--Subject to the rights of the South Carolina Department of Natural Resources as provided above the United States shall have exclusive jurisdiction on the lands so granted for the purpose of carrying out the provisions of the act of Congress approved February 18, 1929, known as the `Migratory Bird Conservation Act' and all acts hereafter amendatory thereof, and for the purpose of the preservation and conservation of all migratory birds which are or hereafter may be under the jurisdiction of the United States.
Service of process.--Nothing contained in said grant shall be construed to exclude or prevent any process, civil or criminal, issuing from the courts of this State from being served or executed within the limits of said grant.
Reverter when no longer used for game refuge.--The lands so granted shall revert to the State in the event the United States shall cease to use said lands for the purpose of a migratory bird refuge.
Consent to conveyance of part of such lands.--The consent of the State has also been given to the conveyance by the United States or its duly authorized agency, to I. W. Limbaker of tract `A,' as shown on plat of the Intercoastal Waterway, Winyah Bay-Charleston, Canal Prism and Spoil Disposal Areas, prepared by the United States engineer office, Charleston, South Carolina, February 6, 1939, and on file in the United States engineer office aforesaid in file No. 42-4, said tract `A' having been a portion of the lands granted the United States as aforesaid, in exchange for the conveyance by I. W. Limbaker to the United States or its duly authorized department, or tract `B,' as shown on said plat, the granting clause of said conveyance from I. W. Limbaker reading as follows:
`That the said deeded land shall revert to the State of South Carolina in the event the United States of America ceases to use the said lands for the purpose of a migratory bird refuge.' And it is hereby specifically declared that said tract `A' shall not revert to the State on account of said conveyance, but having been conveyed to I. W. Limbaker as so authorized, shall be freed of the provision for reversion contained in the cession of said property to the United States."

Reference revised

SECTION 37. Section 3-5-40 of the 1976 Code is amended to read:

"Section 3-5-40. If the title to any part of the lands, including submerged lands, property or property rights, required by the United States Government for the construction and maintenance of the aforesaid intracoastal waterway from Winyah Bay, South Carolina, to the State boundary line in the Savannah River and any changes, modifications or extensions thereto and any tributaries thereof, and the Ashley River and Shipyard River projects shall be in any private person, firm or corporation, telephone or telegraph company or other public service corporation or shall have been donated or condemned for public or public service purposes by any political subdivision of this State or any public service corporation, the South Carolina Department of Health and Environmental Control may, acting for and in behalf of the State, secure the above described rights of way and spoil disposal areas for such intracoastal waterway and all its tributaries and for the Ashley River and Shipyard River projects upon, across and through such lands, including submerged lands, or any part thereof, including oyster beds, telephone and telegraph lines, railroad lines, property of other public service corporations and other property and property rights, by purchase, donation or otherwise, through agreement with the owner when possible. And when any such easement or property is thus acquired the Governor and the Secretary of State shall execute a deed for it to the United States."

References revised

SECTION 38. Section 3-5-50 of the 1976 Code is amended to read:

"Section 3-5-50. If for any reason the South Carolina Department of Health and Environmental Control is unable to secure any rights-of-way and spoil disposal area upon, across, or through any such land, including submerged lands, property, or rights, by voluntary agreement with the owner, the South Carolina Department of Health and Environmental Control, acting for and in behalf of the State may condemn it."

Reference revised

SECTION 39. Section 3-5-60 of the 1976 Code is amended to read:

"Section 3-5-60. If the United States Government shall so determine, it may condemn and use all lands, including submerged lands, property and property rights which may be needed for the purposes set forth in Section 3-5-40 under the authority of the United States Government and according to the provisions existing in the Federal statutes for condemning lands and property for the use of the United States Government. In case the United States Government shall so condemn such lands, including submerged lands, property and property rights, the South Carolina Department of Health and Environmental Control may pay all expenses of such condemnation proceedings and any award that may be made thereunder out of any monies appropriated for such purposes."

Reference revised

SECTION 40. Section 3-5-80 of the 1976 Code is amended to read:

"Section 3-5-80. For the purpose of determining the lands, easements and property necessary for the uses herein set out, the South Carolina Department of Health and Environmental Control or the United States Government, or the agents of either, may enter upon any lands along the general line of the rights of way for the purposes of locating definitely the specific lines of such rights of way and the land required for such purposes and there shall be no claim against the State or the United States for such acts as may be done in making such surveys."

References revised

SECTION 41. Section 3-5-100 of the 1976 Code is amended to read:

"Section 3-5-100. If any of the lands or property, the use of which is acquired for the rights-of-way and spoil disposal areas has been leased by the South Carolina Department of Natural Resources to any person for the cultivation and gathering of oysters, the Department of Natural Resources shall substitute for the leased areas lying within the rights-of-way and spoil disposal areas other equal areas lying without the rights-of-way and spoil disposal areas that also are suitable for the cultivation and gathering of oysters. The Department of Health and Environmental Control may reimburse the person for any direct actual losses resulting from the transfer of leased oyster beds. If for any reason the Department of Natural Resources is unable to reach an agreement with the owner of the leased oyster beds, the Department of Health and Environmental Control, acting for the State, may condemn the rights and property of the lessees in the leased areas."

References revised

SECTION 42. Section 3-5-120 of the 1976 Code is amended to read:

"Section 3-5-120. If and when any such oyster beds or oysters growing therein shall have been damaged by muddy water or by other effects of such dredging operations any person holding such oyster beds in fee simple or in leasehold or owning the oysters growing therein or any person engaged in the prosecution of the work of constructing the waterway shall be privileged to apply to the South Carolina Department of Health and Environmental Control to survey such oyster beds and oysters and to determine the extent and amount of such damage. Upon any such application, the Department of Health and Environmental Control shall proceed promptly to survey the damage done to such oyster beds and oysters and to determine the identity of the person causing such damage and the identity of the owner in fee or in leasehold of such oyster beds and oysters suffering such damage. The South Carolina Department of Health and Environmental Control may subpoena witnesses to assist in the determination of such facts. The department of Health and Environmental Control must afford the owner of the alleged damaged oyster beds and oysters and the person alleged to have caused the damage an opportunity to be heard."

Damage determination revised

SECTION 43. Section 3-5-130 of the 1976 Code is amended to read:

"Section 3-5-130. Staff of the Coastal Division of the Department of Health and Environmental Control shall make a determination of the amount of actual damage."

Review of damage determinations

SECTION 44. Section 3-5-140 of the 1976 Code is amended to read:

"Section 3-5-140. If the person in whose favor or the person against whom such determination is made shall be dissatisfied therewith, such person may apply to an Administrative Law Judge to review the determination. An appeal from the decision of the Administrative Law Judge may be taken to the Coastal Zone Management Appellate Panel. An appeal from the decision of the Panel may be taken to the court of common pleas for the county in which the oyster beds lie. The Court shall review the award in the same manner as reports of a master in equity are reviewed by the court and the determination of the amount of the award by the court of common pleas shall be final.
Before a review shall be granted to the person against whom the award is made, such person shall pay to the person in whose favor the award is made, one half of the amount of the said award, and shall file with the said clerk of court a bond conditioned for the payment of the remaining half of the award or so much thereof as may be finally awarded, such bond to be approved by the clerk of court of the county in which the oyster beds lie as to form, surety and amount.
The final award shall be entered on record in the office of the clerk of court of common pleas for the county in which the oyster beds lie and when so entered shall have the force and effect of a judgment. The amount of the award shall be limited to the direct actual damage suffered by the person owning in fee or in leasehold the oyster beds and the oysters growing therein."

Costs to be repaid

SECTION 45. Section 3-5-150 of the 1976 Code is amended to read:

"Section 3-5-150. Upon the filing with the clerk of court of any such award there shall be added thereto as a part thereof the costs of the survey held to determine the damage resulting in such award. Such costs shall be repaid to the Department of Health and Environmental Control by the person against whom the award is given. If it shall be finally determined that no damage has been done the cost of the survey shall be paid by the person requesting the survey."

Name change

SECTION 46. Section 3-5-160 of the 1976 Code is amended to read:

"Section 3-5-160. The Department of Health and Environmental Control shall account for all monies recovered under the provisions of Sections 3-5-110 to 3-5-150 to the State Treasurer."

Name change

SECTION 47. Section 3-5-170 of the 1976 Code is amended to read:

"Section 3-5-170. Should any person cultivating oysters upon an area leased from the State outside of the limits to be acquired for said waterway project from Winyah Bay to the state boundary line in the Savannah River elect, in lieu of claiming damages which might be done to such oysters by dredging operations, to transfer such cultivated oysters to a different leased area and the person whose dredging operations in the construction of said intracoastal waterway either shall have damaged or might damage such oysters agrees to pay the expenses of such removal, the South Carolina Department of Natural Resources may substitute for such leased areas other equal areas suitable for the cultivation and gathering of oysters in a location not subject to damage by dredging operation."

Name change

SECTION 48. Section 3-5-190 of the 1976 Code is amended to read:

"Section 3-5-190. Any person, his heirs, executors, administrators, successors or assigns, who may be compensated for damage to oysters during the construction or maintenance of said intracoastal waterway and its tributaries and the Ashley River and Shipyard River projects, whether by the Department of Health and Environmental Control, the contractor engaged on the work or the United States, shall be estopped from making further claim for damage to oysters in or upon the same area on account of dredging operations during maintenance or further improvement of the waterway and its tributaries or Ashley River or Shipyard River."

Name change

SECTION 49. Section 3-5-320 of the 1976 Code is amended to read:

"Section 3-5-320. If the title to any part of the lands required by the United States Government for the construction of the aforesaid inland waterway from the North Carolina-South Carolina State line at Little River to Winyah Bay shall be in any private person, company, firm or corporation, railroad company, canal company, telephone or telegraph company or other public service corporation or shall have been donated or condemned for any such use by any political subdivision of this State, the Department of Health and Environmental Control may, acting for and in behalf of the State, secure a right of way of the width aforesaid for such inland waterway upon, across and through such lands or any part thereof by purchase, donation or otherwise, through agreement with the owner when possible, and when any such property is thus acquired the Governor and the Secretary of State shall execute a deed for it to the United States."

References revised

SECTION 50. Section 3-5-330 of the 1976 Code is amended to read:

"Section 3-5-330. If for any reason the Department of Health and Environmental Control is unable to secure the right-of-way upon, across, or through the property by voluntary agreement with the owner, the Department of Health and Environmental Control acting for the State, may condemn the right-of-way. The Governor and the Secretary of State shall promptly execute a deed for the condemned property to the United States."

Name change

SECTION 51. Section 3-5-340 of the 1976 Code is amended to read:

"Section 3-5-340. If the United States Government shall so determine, it may condemn and use all lands and property which may be needed for the purposes set forth in Section 3-5-310 under the authority of the United States Government and according to the provisions existing in the Federal statutes for condemning lands and property for the use of the United States Government. In case the United States Government shall so condemn such lands and property, the Department of Health and Environmental Control may pay all expenses of the condemnation proceedings and any award that may be made thereunder out of any moneys appropriated or which may be appropriated for such purposes."

Name change

SECTION 52. Section 3-5-360 of the 1976 Code is amended to read:

"Section 3-5-360. For the purpose of determining the lands and property necessary for the uses herein set out the Department of Health and Environmental Control or the United States Government, or the agents of either, may enter upon any lands along the general line of said right of way and make such surveys and do such other acts as in their judgment may be necessary for the purpose of definitely locating the specific lines of said right of way and the lands required for said purposes and there shall be no claim against the State or the United States for such acts as may be done in making such surveys."

Name changed

SECTION 53. Section 4-9-155 of the 1976 Code is amended to read:

"Section 4-9-155. (A) The annual audit of the offices of the county assessor, auditor, treasurer, and tax collector must be conducted in accordance with the standards set forth by the Comptroller General of the United States as published in a volume entitled Government Auditing Standards and the manual and guide prescribed by the South Carolina Department of Revenue and Taxation. The Department of Revenue and Taxation manual and guide must set forth necessary items, entries, transactions, and other data for the accountant to closely examine in the audit of the offices of the county assessor, county auditor, county treasurer, and county tax collector. A copy of the audit of each of these offices must be provided by the accountant to the Department of Revenue and Taxation and Comptroller General of this State.
(B) Any county in which the governing body fails to require the annual audit to be conducted as required in this section is subject to the penalty provisions of Section 12-43-260, and the Department of Revenue and Taxation upon determining that this failure occurred shall take the actions provided in Section 12-43-260 to impose the penalties provided therein.
(C) The provisions of this section are applicable for tax years beginning after December 31, 1992."

Name changed

SECTION 54. Section 4-10-25 of the 1976 Code is amended to read:

"Section 4-10-25. The gross proceeds of sales of tangible personal property delivered after the imposition date of the tax levied under Section 4-10-20 in a county, either under the terms of a construction contract executed before the imposition date, or a written bid submitted before the imposition date, culminating in a construction contract entered into before or after the imposition date, are exempt from the local sales and use tax provided in Section 4-10-20 if a verified copy of the contract is filed with the South Carolina Department of Revenue and Taxation within six months after the imposition of the local sales and use tax."

Name changed

SECTION 55. Section 4-10-60(D) of the 1976 Code is amended to read:

"(D) The provisions of subsection (A) do not apply if the total number of county areas adopting the sales and use tax authorized by this chapter, which are projected by the Department of Revenue and Taxation to collect five million dollars or more, generated fifty percent or less during the most currently available fiscal year of the total statewide collections from the levy of a one percent sales and use tax, then those county areas generating five million dollars or more must be assessed five percent of the amount generated in the county area, and that amount must be used as a supplement to those county areas generating less than the minimum distribution. The supplement to those county areas generating less than the minimum distribution must be distributed so that each county area receives an amount equal to what its percentage of population bears to the total population in all of the county areas generating less than the minimum distribution which have implemented the sales and use tax authorized by this chapter. Once the amount of the supplement has been determined for each of the county areas to be supplemented, then the supplement must be distributed to the eligible units within the county area based on population as provided for in this chapter. However, the supplement to the county area combined with collections within the county area may not exceed the minimum distribution."

Name changed

SECTION 56. Section 4-10-80 of the 1976 Code is amended to read:

"Section 4-10-80. Annually by August fifteenth the State Treasurer shall report to the county chief administrative officers, county treasurers, and municipal clerks in those county areas which levy the sales and use tax authorized by this chapter the total amount of revenue collected as reported by the Department of Revenue and Taxation in the county area for the preceding fiscal year."

Name changed

SECTION 57. Section 4-10-90 of the 1976 Code is amended to read:

"Section 4-10-90. (A) The Department of Revenue and Taxation shall administer and collect the local sales and use tax in the manner that sales and use taxes are administered and collected pursuant to Chapter 35 of Title 12. The commission may prescribe forms and promulgate regulations in conformity with this chapter, including tables prescribing the amount to be added to the sales price. The county shall notify the Department of Revenue and Taxation and the State Treasurer through delivery of a certified copy of a resolution adopted by the county by December thirty-first following the referendum for the tax to be imposed May first. Failure to deliver the resolution by December thirty-first causes a delay of the imposition until the first day of May of the next calendar year. Notwithstanding the provisions of this subsection, the local sales and use tax must not be imposed before July first following the first referendum held pursuant to Section 4-10-30.
(B) All revenues collected by the Department of Revenue and Taxation on behalf of a county area pursuant to this chapter must be remitted to the State Treasurer to be credited to a Local Sales and Use Tax Fund which is separate and distinct from the state general fund. After deducting the amount of refunds made and the costs to the Department of Revenue and Taxation of administering the tax, not to exceed one-half of one percent of the fund or seven hundred fifty thousand dollars, whichever is greater, the State Treasurer shall deposit the revenue into the Local Sales and Use Tax Fund which consists of two separate funds: the Property Tax Credit Fund and the County/Municipal Revenue Fund. The revenue collected pursuant to this chapter must be allocated to each fund as follows:
(1) During the first year after the effective date of this act, sixty-three percent to the Property Tax Credit Fund and thirty-seven percent to the County/Municipal Revenue Fund.
(2) During the second year after the effective date of this act, sixty-five percent to the Property Tax Credit Fund and thirty-five percent to the County/Municipal Revenue Fund.
(3) During the third year after the effective date of this act, sixty-seven percent to the Property Tax Credit Fund and thirty-three percent to the County/Municipal Revenue Fund.
(4) During the fourth year after the effective date of this act, sixty-nine percent to the Property Tax Credit Fund and thirty-one percent to the County/Municipal Revenue Fund.
(5) During the fifth year after the effective date of this act, and each year thereafter, seventy-one percent to the Property Tax Credit Fund and twenty-nine percent to the County/Municipal Revenue Fund. The allocation of revenue to each fund provided for in this section must remain uniform as to the percentage allocated to each fund regardless of the year in which a county adopts the local sales and use tax. The State Treasurer shall distribute monthly the revenues according to the provisions of this chapter.
(C) The Department of Revenue and Taxation shall furnish data to the State Treasurer and to the governing bodies of the counties and municipalities receiving revenues for the purpose of calculating distributions and estimating revenues. The information which may be supplied to counties and municipalities includes, but is not limited to, gross receipts, net taxable sales, and tax liability by taxpayers. Information by taxpayer received by appropriate county or municipal officials is considered confidential and is governed by the provisions of Section 12-54-240. A person violating this section is subject to the penalties provided in Section 12-54-240. The State Treasurer may correct misallocations from the Property Tax Credit Fund and County/Municipal Revenue Fund by adjusting subsequent allocations, but these adjustments may be made only in allocations made in the same fiscal year as the misallocation."

Name changed

SECTION 58. Section 4-29-67(B)(4)(b), (C)(1), D(2)(a), (F)(2)(b), (N), and (P) of the 1976 Code is amended to read:

"(B)(4)(b) The members of the same controlled group of corporations as defined in Section 1563 of the Internal Revenue Code of 1986 can qualify for the fee if the combined investment in the county by the members meets the minimum investment requirements. The members whose investments will be used to meet the minimum level of investment must all be parties to any agreements providing the terms for payment of the fee. The county and the members who are part of the inducement agreement may agree that any investments by other members of the controlled group within the time period provided in subsection (C)(1) shall qualify for the payment regardless of whether the member was part of the inducement agreement. Members of the controlled group which are not parties to the inducement agreement must invest at least ten million dollars in the county and must notify the Department of Revenue and Taxation that the investment is subject to the fee before the execution of the lease agreement covering the investment by the member. The investments under subsection (B)(4)(b) must be within the same county. In order to qualify under this provision, investors claiming the fee must be members of the same controlled group at the time of the inducement agreement and all lease agreements which are executed by the parties. Members of the controlled group must provide the information considered necessary by the Department of Revenue and Taxation to ensure that the investors are part of a controlled group.
(C)(1) From the end of the property tax year in which the investor and the county execute the initial lease or lease purchase agreement, the investor has five years in which to complete its investment for purposes of qualifying for Section 4-29-67. If the investor does not anticipate completing the project within five years, the investor may apply to the county before the end of the five-year period for an extension of time to complete the project. If the county agrees to grant the extension, the county must do so in writing and a copy must be delivered to the Department of Revenue and Taxation within thirty days of the date the extension was granted. The extension may not exceed two years in which to complete the project. There is no extension allowed for the five-year period in which to meet the minimum level of investment. If the minimum level of investment is not met within five years, all property financed under the lease agreement reverts retroactively to the payments required by Section 4-29-60. The difference between the fee actually paid by the investor and the payment which is due under Section 4-29-60 is subject to interest as provided in Section 12-43-305. Unless property qualifies as replacement property under a contract provision enacted pursuant to subsection (F)(2), any property placed in service after the five-year period, or seven years in the case of a project which has received an extension, is not part of the fee agreement under subsection (D)(2) and is subject to the payments required by Section 4-29-60 if the county has title to the property, or to property taxes as provided in Chapter 37 of Title 12 if the investor has title to the property.
(D)(2)(a) an annual payment in an amount not less than the property taxes that would be due on the project if it were taxable, but using an assessment ratio of not less than six percent, and a fixed millage rate as provided in subsection (G), and a fair market value estimate determined by the South Carolina Department of Revenue and Taxation as follows:
(F)(2)(b) The new replacement property which qualifies for the fee provided in subsection (D)(2) is recorded using its income tax basis and the fee is calculated using the millage rate and assessment ratio provided on the original fee property. If the investor uses the method of making the payment provided in subsection (D)(2)(b) with either a fixed millage rate, or a changing millage rate as provided in subsection (D)(2)(c) if the fee on the original investment uses that method, then the investor and the county shall negotiate the method of calculating the present value of the fee payments for each year remaining in the fee period. This method must be provided to the Department of Revenue and Taxation at the time information concerning the calculation of the original fee payment is provided to the Department of Revenue and Taxation. If a method of calculating the fee payment for replacement property is not negotiated, then the method of calculating the payment must be based on subsection (D)(2)(a).
(N) The investor shall file the returns, contracts, and other information which may be required by the Department of Revenue and Taxation in order to report investments in connection with the fee.
(P) The Department of Revenue and Taxation may require returns and other information it considers appropriate to administer the provisions of this section, and may issue the rulings and regulations it determines necessary or appropriate to carry out the purpose of this section."

Name change

SECTION 59. Section 5-3-90 of the 1976 Code is amended to read:

"Section 5-3-90. Any city or town increasing its territory shall file a notice with the Secretary of State, Department of Transportation, and the Department of Public Safety describing its new boundaries. Such notice shall include a written description of the boundary, along with a map or plat which clearly defines the new territory added."

Names changed

SECTION 60. Section 5-3-110 of the 1976 Code is amended to read:

"Section 5-3-110. Whenever the whole or any part of any street, roadway or highway has been accepted for and is under permanent public maintenance by a city, a county or the Department of Transportation, that portion of any right-of-way area not exceeding the width thereof lying beyond but abutting on the corporate limits of the city may be annexed to and incorporated within the city by adoption of an ordinance so declaring, without necessity for election of any sort, upon prior consent in writing of any public agency other than the city engaged in maintenance of the right-of-way area to be annexed. Consent on behalf of the Department of Transportation may be given by the director. Consent on behalf of any county may be given by its county commissioners, county board of directors, or other local county agency or governing body having jurisdiction over county roads."

Name change

SECTION 61. Section 5-3-300(I)(3) of the 1976 Code is amended to read:

"(3) tracts of other than timberland not meeting the acreage requirement qualify if the freeholder reported at least one thousand dollars of gross farm income on his federal income tax return Schedule E or F for at least three of the five taxable years preceding the year of the annexation. The municipal clerk may require the freeholder (a) to give written authorization consistent with privacy laws allowing the clerk to verify farm income from the South Carolina Department of Revenue and Taxation, or the Internal Revenue Service and (b) to provide the Agriculture Stabilization and Conservation Service (ASCS) farm identification number of the tract and allow verification with the ASCS office."

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