Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned and was called to order by the PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear St. Paul's words to the Corinthians (I Cor. 15:58) from the Living Bible paraphrased:

"So, my dear ones, since future victory

is sure, be strong and steady, always

abounding in the Lord's work, for

you know that nothing you do for the Lord

is every wasted..."
Let us pray.

Good Lord, kind Lord, give us the mental and spiritual catalysts we need, that from the laborious deliberations of many hours we may find our right course... remembering the words of William Cullen Bryant (1794-1878) when he wrote in "To A Waterfowl":

"He who, from zone to zone,

Guides through the boundless sky

thy certain flight,

In the long way that I must tread

alone,

Will lead my steps aright..."

Amen.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

At 12:00 Noon, Senator COURSON requested a leave of absence from 4:30 P.M. until 11:00 P.M.

At 12:00 Noon, Senator ROSE requested a leave of absence beginning at 4:00 P.M. until 9:00 A.M., Tuesday, May 18, 1993.

At 12:00 Noon, Senator SALEEBY requested a leave of absence for Friday and Saturday, May 21 and 22, 1993.

On motion of Senator JACKSON, at 12:00 Noon, Senator WASHINGTON was granted a leave of absence until 4:00 P.M.

Columbia, S.C., May 13, 1993

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on the following Bill:
H. 3010 -- Reps. Carnell, Felder, Boan, M.O. Alexander, Barber, Beatty, H. Brown, J. Brown, Cato, Clyborne, Cobb-Hunter, Corning, Cromer, Davenport, Delleney, Elliott, Fulmer, Gamble, Govan, Hallman, Harrelson, J. Harris, P. Harris, Harvin, Hodges, Holt, Jaskwhich, Jennings, Keegan, Kinon, Kirsh, Koon, Lanford, Mattos, McAbee, McCraw, McElveen, McKay, McTeer, Moody-Lawrence, Neilson, Phillips, Quinn, Rhoad, Riser, Rogers, Rudnick, Sheheen, Shissias, R. Smith, Snow, Stille, Townsend, Tucker, Vaughn, Waites, Waldrop, Wells, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Worley, R. Young, Marchbanks, Richardson, Huff, A. Young, Wofford, Graham, Chamblee, Klauber and Meacham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-140 SO AS TO LIMIT APPROPRIATIONS IN THE ANNUAL GENERAL APPROPRIATIONS ACT TO AN AMOUNT NOT TO EXCEED THE BASE REVENUE ESTIMATE, TO DEFINE BASE REVENUE ESTIMATE, TO PROVIDE FOR AN INCREASE IN THE BASE REVENUE ESTIMATE ON THE WRITTEN CERTIFICATION OF THE BOARD OF ECONOMIC ADVISORS, AND TO PROVIDE WHEN AND FOR WHAT PURPOSES SURPLUS REVENUES MAY BE APPROPRIATED.
Very respectfully,
Speaker of the House

Received as information.

S. 31 -- Senator Moore: A BILL TO AMEND SECTION 6-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF SIGNATURES REQUIRED ON A PETITION TO HAVE A CANDIDATE'S NAME PLACED ON THE BALLOT FOR ELECTION AS A COMMISSIONER OF ANY SPECIAL PURPOSE DISTRICT, SO AS TO REQUIRE AT LEAST FIFTY SIGNATURES OF QUALIFIED ELECTORS, OR FIVE PERCENT, WHICHEVER IS LESSER.

The House returned the Bill with amendments.

Senator MOORE explained the House amendments.

Senator MOORE proposed the following amendment (JUD31.001), which was adopted:

Amend the bill, as and if amended, page 1, line 31, in Section 6-11-70(B), as contained in SECTION 1, by striking lines 31-32 in their entirety and inserting therein / signatures of not less than fifty qualified electors of the district concerned or five percent of the qualified electors of the district, whichever is lesser, in order to have to his name / .

Amend title to conform.

Senator MOORE explained the amendment.

There being no further amendments, the Bill was amended and ordered returned to the House with amendments.

Columbia, S.C., May 12, 1993

Mr. President and Senators:

The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
S. 371 -- Senator Drummond: A BILL TO AMEND SECTION 7-13-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTY PRIMARIES CONDUCTED BY THE STATE ELECTION COMMISSION, SO AS TO CLARIFY THAT FILING FEES FOR ALL CANDIDATES FILING TO RUN IN ALL PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE TRANSMITTED BY THE RESPECTIVE POLITICAL PARTIES TO THE COMMISSION.
Very respectfully,
Speaker of the House

On motion of Senator DRUMMOND, the Senate insisted upon its amendments to S. 371 and asked for a Committee of Conference.

Whereupon, the PRESIDENT appointed Senators LAND, WASHINGTON and LEVENTIS of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

S. 320 -- Senators Giese, Passailaigue, Glover, Lander and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-1920 SO AS TO PROVIDE THAT AN AGENCY, ORGANIZATION, OR FACILITY THAT TRANSPORTS A HANDICAPPED OR DISABLED PERSON MAY OBTAIN A SPECIAL LICENSE TAG FOR A VEHICLE DESIGNED TO TRANSPORT A HANDICAPPED OR DISABLED PERSON AND THAT THE AGENCY, ORGANIZATION, OR FACILITY DOES NOT NEED TO PROVIDE A CERTIFICATE FROM A LICENSED PHYSICIAN; AND TO AMEND SECTION 56-3-1960, RELATING TO FREE PARKING FOR HANDICAPPED PERSONS, SO AS TO PROVIDE FOR THE ISSUANCE OF A PLACARD TO AN AGENCY, ORGANIZATION, OR FACILITY THAT TRANSPORTS A HANDICAPPED OR DISABLED PERSON.

The House returned the Bill with amendments.

On motion of Senator GIESE, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

S. 418 -- Senators J. Verne Smith, Leatherman, Matthews, Giese, Martin, O'Dell, Land, Stilwell and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2 TO TITLE 48 SO AS TO ENACT THE "ENVIRONMENTAL PROTECTION FUND ACT" SO AS TO PROVIDE FUNDING BY FEES FOR THE ENVIRONMENTAL PROGRAMS OF THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.

The House returned the Bill with amendments.

Senator J. VERNE SMITH explained the House amendments.

On motion of Senator J. VERNE SMITH, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

S. 756 -- Senator Cork: A BILL TO REPEAL ACT 583 OF 1971 RELATING TO THE CREATION OF THE HILTON HEAD ISLAND FIRE DISTRICT IN BEAUFORT COUNTY.

The House returned the Bill with amendments.

On motion of Senator CORK, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

H. 3552 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 35 TO TITLE 4 SO AS TO AUTHORIZE COUNTIES TO ESTABLISH SPECIAL PUBLIC WORKS IMPROVEMENT DISTRICTS, TO PRESCRIBE THE PROCEDURE FOR THEIR CREATION AND THE PURPOSES FOR WHICH THEY MAY BE CREATED, AND TO AUTHORIZE THE IMPOSITION OF ASSESSMENTS, THE ISSUANCE OF BONDS, AND EXPENDITURES OF REVENUE FOR THE COST OF PROPOSED IMPROVEMENTS.

Senator WILLIAMS asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.

There was no objection.

On motion of Senator WILLIAMS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3615 -- Reps. Allison, G. Bailey, Haskins, Littlejohn, Jaskwhich, Harrison, Shissias, Wells, R. Smith, Neal, Farr, Walker, Davenport, Beatty, Cooper, Sturkie, Stone, Hutson, Riser, Robinson, Byrd, Stoddard, Thomas, Lanford, D. Smith, Phillips, D. Wilder and Snow: A BILL TO AMEND SECTION 6-11-91, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION FOR THE GOVERNING BODY OF A SPECIAL PURPOSE DISTRICT OR PUBLIC SERVICE DISTRICT, SO AS TO PROVIDE THAT THE GOVERNING BODY OF SUCH A DISTRICT MAY RECEIVE IN MILEAGE AND SUBSISTENCE EXPENSES AMOUNTS NOT EXCEEDING THOSE ALLOWED BY LAW FOR STATE BOARDS, COMMITTEES, AND COMMISSIONS; AND TO ALLOW THE GOVERNING BODY TO ESTABLISH A PER DIEM NOT TO EXCEED ONE HUNDRED DOLLARS.

Senator WILLIAMS asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.

There was no objection.

On motion of Senator WILLIAMS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

The following were introduced:

S. 775 -- Senators Wilson, Macaulay, Giese and Glover: A CONCURRENT RESOLUTION TO FIX 12:00 O'CLOCK NOON, ON WEDNESDAY, JUNE 2, 1993, AS THE TIME FOR THE INITIAL ELECTION OF TRUSTEES OF COASTAL CAROLINA UNIVERSITY AND TO FILL VACANCIES CREATED BY THE EXPIRATION OF TERMS BY ELECTING A MEMBER OF THE BOARD OF VISITORS OF THE CITADEL, SIX MEMBERS OF THE BOARD OF TRUSTEES OF SOUTH CAROLINA STATE UNIVERSITY, AND THREE MEMBERS OF THE BOARD OF TRUSTEES OF THE WIL LOU GRAY OPPORTUNITY SCHOOL.

Be it resolved by the Senate, the House of Representatives concurring:

That the Senate and the House of Representatives meet in joint session in the Hall of the House of Representatives at 12:00 o'clock noon on Wednesday, June 2, 1993, for the purpose of the initial election of members of the board of Coastal Carolina University and to fill vacancies created by the expiration of terms by electing a member of the board of visitors of The Citadel, six members of the board of trustees of South Carolina State University, and three members of the board of trustees of the Wil Lou Gray Opportunity School.

Referred to the Committee on Invitations.

S. 776 -- Senator Elliott: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 15 TO ARTICLE XVII SO AS TO PERMIT THE ENACTMENT OF LAWS AND CONSTITUTIONAL AMENDMENTS BY INITIATIVE PETITION.

Read the first time and referred to the Committee on Judiciary.

S. 777 -- Senator Wilson: A CONCURRENT RESOLUTION TO CONGRATULATE MISS LORRI SHEALY OF LEXINGTON COUNTY FOR BEING FEATURED IN THE SUCCESS STORIES SECTION OF THE LEXINGTON COUNTY CHRONICLE.

On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.

H. 3164 -- Reps. Govan, Cobb-Hunter, Hutson, Breeland, Wofford, White, Wilkins, Simrill, Kennedy, Hines, Law, Chamblee, Waldrop, Kirsh, McMahand, A. Young, Farr and Meacham: A BILL TO AMEND SECTION 16-23-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADDITIONAL PUNISHMENT FOR POSSESSING A FIREARM OR KNIFE DURING THE COMMISSION OF A VIOLENT CRIME, SO AS TO INCREASE THE PENALTY FOR VIOLATION.

Read the first time and referred to the Committee on Judiciary.

H. 3272 -- Reps. Fair, A. Young, Simrill, Walker, Littlejohn, Davenport, Jaskwhich, Moody-Lawrence, Trotter, Beatty, Phillips, Haskins, Robinson, Cato, Wells, Meacham, Marchbanks and D. Wilder: A BILL TO AMEND SECTION 61-3-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR LICENSES ISSUED BY THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, SO AS TO REQUIRE THAT THE PERSON APPLYING FOR THE LICENSE MUST BE THE SAME PERSON WHO WILL HAVE ACTUAL CONTROL AND MANAGEMENT OF THE BUSINESS PROPOSED TO BE OPERATED.

Read the first time and referred to the Committee on Judiciary.

H. 3382 -- Reps. Haskins, Davenport, Wilkins, Robinson, Allison, Littlejohn, Cato, Richardson, Kirsh, Fair, Keyserling, Stuart, Thomas, Walker, Graham and D. Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 15 TO TITLE 37 SO AS TO ENACT THE PRIZES AND GIFTS ACT REQUIRING DISCLOSURE OF INFORMATION PERTAINING TO CONTESTS AND PROMOTIONS INCLUDING WHO IS CONDUCTING THE ACTIVITY, CONDITIONS A CONSUMER MUST MEET TO BE ELIGIBLE, AND COSTS THAT MUST BE INCURRED TO RECEIVE THE PRIZE OR GIFT; PROHIBITING USE OF NOTIFICATIONS THAT RESEMBLE CHECKS OR INVOICES; AND PROVIDING A CIVIL CAUSE OF ACTION, ENFORCEMENT PROVISIONS, AND EXEMPTIONS.

Read the first time and referred to the Committee on Banking and Insurance.

H. 3620 -- Rep. Waldrop: A BILL TO AMEND SECTION 17-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF CORONERS OR SOLICITORS TO ORDER AUTOPSIES UPON DEATH OF INCARCERATED PERSONS, SO AS TO REVISE THE CONDITIONS UNDER WHICH THESE AUTOPSIES MUST BE ORDERED.

Read the first time and referred to the Committee on Judiciary.

H. 3664 -- Reps. Quinn, Wilkes, R. Young, T.C. Alexander, Wright and Haskins: A BILL TO AMEND CHAPTER 58, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF MORTGAGE LOAN BROKERS, SO AS TO PROVIDE ADDITIONAL DEFINITIONS AND RESTRICTIONS ON THE REGISTRATION OF MORTGAGE LOAN BROKERS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 40-58-55 SO AS TO PROVIDE GROUNDS FOR REFUSAL TO REGISTER AN APPLICANT; 40-58-65 SO AS TO REQUIRE RECORDKEEPING AND PROVIDE FOR INSPECTION OF THOSE RECORDS; AND 40-58-75 SO AS TO PROVIDE FOR DISCLOSURE STATEMENTS TO LOAN APPLICANTS, TO INCREASE THE BOND REQUIRED FOR APPLICANTS, TO INCREASE REGISTRATION FEES, AND TO PROVIDE FOR ADMINISTRATIVE FINES.

Read the first time and referred to the Committee on Banking and Insurance.

H. 3812 -- Reps. T.C. Alexander, M.O. Alexander, G. Bailey, J. Bailey, Cato, Gamble, Harvin, McLeod, Neilson, Richardson, Robinson, Simrill, R. Smith, Vaughn, Whipper, Gonzales, Wright and Harrison: A BILL TO AMEND TITLE 39, CHAPTER 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LABELS AND TRADEMARKS, SO AS TO ENACT THE "TRADEMARKS AND SERVICE MARKS ACT OF 1993" INCLUDING REGISTRATION PROCEDURES, FEES, AND CIVIL PENALTIES; TO AMEND SECTION 39-15-720, RELATING TO USE OF TRADEMARKS ON TIMBER, SO AS TO CONFORM A REFERENCE TO THIS ACT; AND TO REPEAL ARTICLE 3, CHAPTER 15, TITLE 39 RELATING TO TRADEMARKS AND SERVICE MARKS.

Read the first time and referred to the Committee on Judiciary.

H. 3857 -- Reps. Harvin, Felder, Keegan, Stuart, G. Brown, Meacham, Wells, Govan, Neilson, Simrill, Elliott, Askins, Hines, Rhoad, Carnell, Moody-Lawrence, Stone, Kirsh, Mattos, Gamble, T.C. Alexander, Anderson, Stille, Wilkes, Hutson, Chamblee, Harrelson, H. Brown, Klauber, Kelley, Phillips, Wofford, Law, Witherspoon, Gonzales, Lanford, Williams, Townsend, Koon, D. Wilder, McTeer and McAbee: A BILL TO PROVIDE A PROCEDURE WHEREBY ANY MUNICIPAL FIRE DEPARTMENT, FIRE DISTRICT, FIRE PROTECTION AGENCY, OR OTHER EMERGENCY SERVICE ENTITY MAY PROVIDE MUTUAL AID ASSISTANCE, UPON REQUEST, FROM ANY OTHER MUNICIPAL FIRE DEPARTMENT, FIRE DISTRICT, FIRE PROTECTION AGENCY, OR OTHER EMERGENCY SERVICE DELIVERY SYSTEM IN SOUTH CAROLINA AT THE TIME OF A SIGNIFICANT INCIDENT SUCH AS FIRE, EARTHQUAKE, OR HURRICANE.

Read the first time and referred to the Committee on Judiciary.

H. 3887 -- Rep. Harrelson: A BILL TO AMEND SECTION 7-11-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBSTITUTION OF CANDIDATES WHERE A NOMINEE IS SELECTED BY PRIMARY ELECTION, SO AS TO CHANGE THE PROCEDURE FOR NOMINATING CANDIDATES WHEN IT IS IMPOSSIBLE TO NOMINATE A CANDIDATE BY SPECIAL ELECTION AND CERTIFIED TWO WEEKS OR MORE BEFORE THE GENERAL ELECTION.

Read the first time and referred to the Committee on Judiciary.

H. 3890 -- Reps. McAbee, Kelley, Worley, Keegan, Witherspoon and Sturkie: A BILL TO AMEND TITLE 45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOTELS, MOTELS, RESTAURANTS, AND BOARDING HOUSES, BY ADDING CHAPTER 2, THE LODGING ESTABLISHMENT ACT, SO AS TO GOVERN THE LAWFUL USE OF LODGING ESTABLISHMENTS AND PROVIDE PENALTIES FOR VIOLATIONS.

Read the first time and referred to the Committee on Judiciary.

Senator WILLIAMS from the Committee on Judiciary polled out S. 497 favorable:

S. 497 -- Senator Bryan: A BILL TO AMEND SECTION 8-21-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN PROBATE COURT FEES AND COSTS, SO AS TO REVISE THESE FEES AND COSTS; TO AMEND SECTION 8-21-790, RELATING TO FEES FOR SETTLEMENT OF ESTATES, SO AS TO DELETE LANGUAGE AUTHORIZING THE TAX COMMISSION TO RETAIN CERTAIN OF THESE FEES; TO AMEND SECTION 20-1-230, RELATING TO THE ISSUANCE OF MARRIAGE LICENSES, SO AS TO REVISE A REFERENCE TO THE FEE FOR MARRIAGE LICENSES; AND TO REPEAL SECTION 8-21-780, RELATING TO FEES OF THE PROBATE COURT FOR PROVIDING COPIES OF CERTAIN STATEMENTS, AND SECTION 15-37-70, RELATING TO COSTS AND EXPENSES OF ADMINISTRATION AND SETTLEMENT OF SMALL ESTATES.

Williams Holland Saleeby
McConnell Moore Bryan
Mitchell Stilwell Russell
Rose Hayes Courtney
Cork Ford Glover
Gregory Jackson

Wilson

Ordered for consideration tomorrow.

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:

S. 700 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-155 SO AS TO REQUIRE CONTINUING EDUCATION AS A CONDITION OF LICENSE RENEWAL OF A RESIDENT OR NONRESIDENT REAL ESTATE BROKER OR SALESMAN, TO PROVIDE FOR THE ADMINISTRATION OF THE CONTINUING EDUCATION PROGRAM, AND TO AUTHORIZE THE REAL ESTATE COMMISSIONER TO PROMULGATE REGULATIONS TO IMPLEMENT THE PROGRAM.

Ordered for consideration tomorrow.

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:

H. 3717 -- Rep. Rogers: A BILL TO AMEND SECTION 41-18-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA AMUSEMENT RIDES SAFETY CODE, THE APPLICABILITY OF THESE PROVISIONS, AND EXCEPTIONS TO APPLICABILITY, SO AS TO MAKE THE PROVISIONS APPLICABLE TO CERTAIN "OTHER PLACES OPEN TO THE PUBLIC"; TO AMEND SECTION 41-18-40, RELATING TO DEFINITIONS UNDER THE AMUSEMENT RIDES SAFETY CODE, SO AS TO DELETE CERTAIN LANGUAGE, MAKE CHANGES TO THE DEFINITIONS OF "TEMPORARY DEVICE" AND "SERIOUS INJURY", AND PROVIDE A DEFINITION FOR "CATASTROPHIC ACCIDENT"; TO AMEND SECTION 41-18-60, RELATING TO APPLICATION FOR, AND DURATION AND REVOCATION OF, A PERMIT UNDER THE AMUSEMENT RIDES SAFETY CODE, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT A PERMIT IS VALID FOR A PERIOD OF UP TO ONE YEAR EXPIRING ON DECEMBER THIRTY-FIRST OF THE YEAR IT IS ISSUED, REQUIRE THAT NOTICE OF PLANNED SCHEDULES BE MAILED TO THE COMMISSIONER OF LABOR AT LEAST SEVEN, RATHER THAN FIFTEEN, DAYS BEFORE THE FIRST INTENDED DATE OF USE, AND PROVIDE THAT CERTAIN VIOLATIONS OF THE AMUSEMENT RIDES SAFETY CODE MAY RESULT IN REVOCATION IF WRITTEN NOTICE OF NONCOMPLIANCE IS SERVED UPON THE OWNER SPECIFYING ANY VIOLATION OF THE PROVISIONS OF THE CODE AND DIRECTING THE OWNER TO CORRECT THE VIOLATIONS WITHIN THE PERIOD SPECIFIED BY THE COMMISSIONER, RATHER THAN WITHIN THIRTY DAYS OF RECEIPT OF THE NOTICE; TO AMEND SECTION 41-18-70, RELATING TO THE INSPECTION OF AN AMUSEMENT DEVICE WHICH MUST BE MADE BEFORE A PERMIT MAY BE ISSUED, SO AS TO PROVIDE THAT THE INSPECTION MUST HAVE BEEN CONDUCTED WITHIN ONE MONTH, RATHER THAN WITHIN ONE YEAR, PRIOR TO THE PERMIT APPLICATION, UNLESS EXTENDED BY CERTAIN PROVISIONS OF LAW; TO AMEND SECTION 41-18-80, RELATING TO INSPECTION PROCEDURES UNDER THE AMUSEMENT RIDES SAFETY CODE, SO AS TO, AMONG OTHER THINGS, DELETE REFERENCES TO THE COMMISSIONER OF LABOR'S DESIGNEE, PROVIDE THAT, IN THE CASE OF A TEMPORARY DEVICE, BEFORE FIRST OPERATION IN THIS STATE EACH YEAR, RATHER THAN "UPON FIRST ENTRY INTO THE STATE", THE AMUSEMENT DEVICE MUST BE INSPECTED BY THE COMMISSIONER OR SPECIAL INSPECTOR FOR THE PERMIT TO BE ISSUED AND DELETE CERTAIN PROVISIONS; TO AMEND SECTION 41-18-100, RELATING TO THE AMUSEMENT RIDES SAFETY CODE, DISCRIMINATION, OWNER'S DUTIES AFTER SERIOUS INJURY OCCURS, AND INSPECTION AND CORRECTION OF DEFECTS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT ANY OWNER OR LESSEE WHO BECOMES AWARE AT A CERTAIN TIME THAT A SERIOUS INJURY HAD OCCURRED SHALL REPORT IT IMMEDIATELY AND IN NO CASE LATER THAN THE END OF THE NEXT BUSINESS DAY, AND PROVIDE THAT WHEN A CATASTROPHIC ACCIDENT, RATHER THAN A SERIOUS INJURY, OCCURS INVOLVING THE OPERATION OF AN AMUSEMENT DEVICE, THE OWNER OR LESSEE SHALL IMMEDIATELY SHUT DOWN THE DEVICE FROM FURTHER USE; TO AMEND SECTION 41-18-110, RELATING TO NOTICE TO OWNERS, LESSEES, AND OPERATORS OF AMUSEMENT DEVICES OF RIGHTS AND OBLIGATIONS UNDER THE AMUSEMENT RIDES SAFETY CODE UPON RECEIPT OF PERMIT APPLICATIONS, SO AS TO PROVIDE THAT THIS NOTICE MUST BE FURNISHED BY THE COMMISSIONER OF LABOR ONLY UPON REQUEST; AND TO AMEND SECTION 41-18-150, RELATING TO CIVIL PENALTIES UNDER THE AMUSEMENT RIDES SAFETY CODE, SO AS TO PROVIDE THAT A PERSON WHO KNOWINGLY AND WILFULLY OPERATES AN AMUSEMENT DEVICE WITHOUT COMPLYING WITH CERTAIN PROVISIONS OF THE AMUSEMENT RIDES SAFETY CODE OR REGULATIONS PROMULGATED THEREUNDER IS SUBJECT TO A CIVIL PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS PER DEVICE FOR EACH DAY SUCH NONCOMPLIANCE CONTINUES, AND PROVIDE FOR A SIMILAR CIVIL PENALTY FOR A PERSON WHO OPERATES AN AMUSEMENT DEVICE WITHOUT COMPLYING WITH CERTAIN PROVISIONS OF THE SAFETY CODE OR REGULATIONS PROMULGATED THEREUNDER.

Ordered for consideration tomorrow.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

H. 3903 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS AND COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS, RELATING TO LICENSING OF NURSING HOME AND COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1620, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

The Senate proceeded to a consideration of the Joint Resolution. The question being the third reading of the Joint Resolution.

Senator PASSAILAIGUE proposed the following amendment (3903R002.ELP), which was adopted:

Amend the resolution, as and if amended, page 1, by adding on line 32 a new SECTION 2 to read as follows:

/ SECTION 2. Regulation 19-101.11. enacted as document number 1523 submitted to the General Assembly pursuant to the provisions of Article 1, Chapter 23, Title 1 of the 1976 Code is repealed and reenacted to read as follows:
"19-101.11. The Budget and Control Board shall annually prepare a schedule of maximum reimbursements for the cost of obtaining meals while traveling on the business of the State, the aggregate total of which shall not exceed the maximum daily reimbursement authorized in the general appropriations act. The Budget and Control Board shall furnish to each agency a copy of the schedule as soon as practicable after the passage of the general appropriations act. When authorized by a majority vote of the governing body, members of state boards, commissions, or committees who are not state employees may claim reimbursement for the full cost of individual meals while away from their place of residence on official business of the state for less than a full work day, provided that in no event shall the reimbursement for the actual cost of meals for any one day exceed the maximum daily reimbursement authorized in the general appropriations act." /

Renumber remaining sections to conform.

Amend title to conform.

Senator PASSAILAIGUE explained the amendment.

There being no further amendments, the Joint Resolution was read the third time and ordered returned to the House of Representatives with amendments.

H. 4135 -- Rep. D. Wilder: A BILL TO AMEND ACT 171 OF 1967, AS AMENDED, RELATING TO LAURENS COUNTY SCHOOL DISTRICTS FIFTY-FIVE AND FIFTY-SIX AND THE ANNUAL OPERATING BUDGETS AND TAX LEVY THEREFOR, SO AS TO REVISE THE AUTHORIZED ANNUAL TAX LEVIES BEGINNING WITH THE YEAR 1993.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senator BRYAN proposed the following amendment (4135R002.JEB), which was adopted:

Amend the bill, as and if amended, page 2, by striking lines 15 through 31 and inserting:

/ authorization of the districts if imposed. For the school year 1993-94, the boards of trustees of School Districts Fifty-five and Fifty-six may recommend a tax increase of up to eight mills which shall become a part of the base millage authorization of the districts if imposed. After 1992 Beginning with the school year 1994-95 and thereafter, the boards of trustees of School Districts Fifty-five and Fifty-six may recommend a tax levy increase of up to three two mills in any two-year period per year above the base authorization. A tax increase of more than three two mills in any two-year period above the base authorization for the school year 1994-95 and thereafter must be approved at a referendum by the electors of the school districts prior to its levy. The referendum must be ordered by the board of trustees and held at places as the boards may designate in each attendance area of the school districts. Notice must be given by publication in /

Amend the bill further, as and if amended, page 3, by striking line 8 and inserting the following:

/ without a referendum in any two-year one-year /

Renumber sections to conform.

Amend title to conform.

There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.

The following Bill having been read the second time was ordered placed on the third reading Calendar:

H. 3099 -- Rep. Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 47 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR SPECIAL LICENSE PLATES FOR MEMBERS OF THE SOUTH CAROLINA STATE GUARD, INCLUDING PROVISIONS WHICH SET AN ANNUAL FEE AND WHICH MAKE IT UNLAWFUL KNOWINGLY TO PERMIT THE LICENSE PLATE TO BE DISPLAYED ON A VEHICLE OTHER THAN THE ONE AUTHORIZED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.

S. 774 -- Senator Bryan: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE BOARD OF PHARMACY, RELATING TO PATIENT COUNSELING, PROSPECTIVE DRUG REVIEW, AND PATIENT RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1610, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator GIESE, with unanimous consent, the Resolution was carried over.

H. 3715 -- Rep. Rogers: A BILL TO AMEND SECTION 41-16-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA ELEVATOR CODE, SO AS TO MAKE CHANGES TO THE DEFINITIONS OF "FACILITY", "DUMBWAITER", AND "DORMANT FACILITY" AND TO PROVIDE DEFINITIONS FOR THE TERMS "TEMPORARILY DECOMMISSIONED FACILITY" AND "HANDICAP LIFT"; TO AMEND SECTION 41-16-40, RELATING TO THE ELEVATOR CODE AND THE ISSUANCE OF REGULATIONS, SO AS TO PROVIDE FOR CONTROL OR PREVENTION OF ACCESS TO TEMPORARILY DECOMMISSIONED FACILITIES AND QUALIFICATIONS FOR OBTAINING A SPECIAL INSPECTOR'S LICENSE, REVOCATION OF A SPECIAL INSPECTOR'S LICENSE, DISQUALIFICATION OF SPECIAL INSPECTORS, AND ETHICS OF SPECIAL INSPECTORS; TO AMEND SECTION 41-16-100, RELATING TO OPERATING PERMITS UNDER THE ELEVATOR CODE, SO AS TO DELETE REFERENCES TO "PERMIT" AND "PERMITS" AND SUBSTITUTE "CERTIFICATE" AND "CERTIFICATES" THEREFOR, PROVIDE A REFERENCE FOR "HANDICAP LIFT", DELETE CERTAIN LANGUAGE, AND PROVIDE THAT CERTIFICATES MUST BE ISSUED WITHIN THIRTY DAYS AFTER DETERMINATION BY THE DEPARTMENT OF LABOR THAT ALL DEFICIENCIES FOUND UPON INSPECTION HAVE BEEN CORRECTED AND ALL FEES HAVE BEEN PAID; TO AMEND SECTION 41-16-110, RELATING TO THE ELEVATOR CODE AND ORDERS, REVOCATION OF OPERATING PERMITS, AND JUDICIAL RELIEF, SO AS TO DELETE PROVISIONS RELATING TO THE COMMISSIONER OF LABOR ORDERING A PROPERTY OWNER TO MAKE CHANGES NECESSARY FOR COMPLIANCE UNDER CERTAIN CIRCUMSTANCES, AND RELATING TO THE COMMISSIONER SUSPENDING OR REVOKING AN OPERATING PERMIT OR REFUSING TO ISSUE AN OPERATING PERMIT FOR A FACILITY UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 41-16-140, RELATING TO FEES UNDER THE ELEVATOR CODE, SO AS TO PROVIDE THAT IN CASES WHERE THE FEES ARE NOT PAID WITHIN SIXTY DAYS, THE ATTORNEY GENERAL SHALL BRING AN ACTION AGAINST THE ASSESSED OWNER OR OPERATOR, PROVIDE FOR THE DEPOSIT OF ANY AMOUNTS COLLECTED, AND PERMIT THE STATE TO BE GRANTED COSTS AND ATTORNEYS' FEES FOR THESE ACTIONS; AND TO AMEND SECTION 41-16-180, RELATING TO THE ELEVATOR CODE AND CIVIL PENALTIES, SO AS TO DELETE THE CURRENT PROVISIONS AND PROVIDE FOR THE ASSESSMENT OF VARIOUS CIVIL PENALTIES IN VARYING AMOUNTS UNDER CERTAIN SPECIFIED CIRCUMSTANCES AND CONDITIONS, REQUIRE ALL AMOUNTS COLLECTED UNDER THIS SECTION TO BE TURNED OVER TO THE STATE TREASURER FOR DEPOSIT IN THE GENERAL FUND, AND PROVIDE THAT ANY OWNER, OPERATOR, MANAGEMENT COMPANY, OR CONTRACTOR AFFECTED OR AGGRIEVED BY CERTAIN THINGS MAY PETITION THE COMMISSIONER OF LABOR FOR ADMINISTRATIVE REVIEW.

On motion of Senator MOORE, with unanimous consent, the Bill was carried over.

H. 4137 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REPORTING TERMINATION OF SCHOOL DISTRICT PERSONNEL TO STATE DEPARTMENT OF EDUCATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1554, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator MOORE, with unanimous consent, the Resolution was carried over.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

On motion of Senator MOORE, the Senate agreed to dispense with the Motion Period.

THE SENATE PROCEEDED TO THE ADJOURNED DEBATES.

H. 3546 -- Reps. Sheheen, Wilkins, Boan, Hodges, Jennings, Harwell, Corning and Thomas: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION OF GOVERNMENT TO PROVIDE FOR THE ORGANIZATION, DUTIES, FUNCTIONS AND PROCEDURES OF THE VARIOUS DEPARTMENTS AND DIVISIONS. (Abbreviated Title)

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.

Senators WILLIAMS and ROSE proposed the following Amendment No. 1 (JUD3546.002), which was later withdrawn:

Amend the amendment, dated May 17, 1993, as and if amended, by making all of the changes necessary to ensure that the South Carolina State Forestry Commission remains an independent agency. Strike all references to the Forestry Commission that provide for the transfer of the commission to the newly-created Department of Wildlife, Marine and Natural Resources. Delete the reference to the Forestry Division of the Department of Wildlife, Marine and Natural Resources.

Renumber remaining sections to conform.

Amend title to conform.

Senator WILLIAMS argued in favor of the adoption of the amendment and Senators BRYAN and WILSON argued contra.

On motion of Senator WILLIAMS, with unanimous consent, debate
was interrupted by recess, with Senator WILSON retaining the floor.

At 1:36 P.M., on motion of Senator WILLIAMS, with unanimous consent, Senator WILSON retaining the floor, the Senate receded from business until 2:45 P.M.

The Senate reassembled at 2:55 P.M. and was called to order by the PRESIDENT.

H. 3546 -- Reps. Sheheen, Wilkins, Boan, Hodges, Jennings, Harwell, Corning and Thomas: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION OF GOVERNMENT TO PROVIDE FOR THE ORGANIZATION, DUTIES, FUNCTIONS AND PROCEDURES OF THE VARIOUS DEPARTMENTS AND DIVISIONS. (Abbreviated Title)

The Senate resumed consideration of the Bill. The question being the adoption of Amendment No. 1 (JUD3546.002), previously proposed by Senators WILLIAMS and ROSE.

On motion of Senator WILLIAMS, with unanimous consent, Amendment No. 1 was withdrawn.

Senator GIESE made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.

Senator LEVENTIS spoke on the Bill.

Senator COURSON spoke on the Bill.

Senator ROSE spoke on the Bill.

Senators LEVENTIS, McGILL, REESE, O'DELL, WILLIAMS, LANDER, ROSE, SALEEBY, ELLIOTT, LAND, PATTERSON, JACKSON, FORD, MITCHELL and HOLLAND proposed the following Amendment No. 4 (3546R003.PPL), which was adopted:

Amend the amendment, dated May 17, 1993, Doc. No. SREST\T1-T64, as and if amended, by deleting all SECTIONS relating to the Forestry Division of the Department of Wildlife, Marine and Natural Resources.

Amend further by adding an appropriately numbered SECTION to read:

/ SECTION . The State Commission on Forestry is an independent agency of state government. /

Renumber remaining sections to conform.

Amend title to conform.

Senators HOLLAND and ROSE argued in favor of the adoption of the amendment and Senator GIESE argued contra.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Courson Courtney Elliott
Ford Glover Hayes
Holland Jackson Land
Lander Leatherman Leventis
Martin Matthews McConnell
McGill Mescher Mitchell
Moore O'Dell Patterson
Peeler Rankin Reese
Richter Rose Russell
Saleeby Setzler Short
Smith, G. Smith, J.V. Stilwell
Thomas Waldrep Washington
Williams

Bryan Cork Giese
Gregory Macaulay Passailaigue
Ryberg Wilson

The amendment was adopted.

Senator GIESE proposed the following Amendment No. 5 (JUD3546.003), which was adopted:

Amend the amendment, dated May 17, 1993, as and if amended, by changing the name of the Department of Mental Retardation to the Department of Disabilities and Special Needs.

Renumber remaining sections to conform.

Amend title to conform.

Senator GIESE argued in favor of the adoption of the amendment.

Senator MOORE spoke on the amendment.

The amendment was adopted.

Senator PASSAILAIGUE proposed the following Amendment No. 6 (3546R004.ELP), which was adopted:

Amend the committee report, dated May 17, 1993, as and if amended, page 710, line 31, by adding a new SECTION to be appropriately numbered to read:

/ SECTION . Notwithstanding any other provision of law to the contrary, effective July 1, 1993, except for the Alcoholic Beverage Commission, the South Carolina Tax Commission, the Public Service Commission, the Employment Security Commission, and the Workers' Compensation Commission, no member of any statewide board, commission, committee or authority, or any entity or agency or quasi-governmental entity or agency, eligible to receive per diem or subsistence shall receive any reimbursement or other compensation other than per diem and subsistence at the rate provided for in the annual general appropriations act. /

Renumber remaining sections to conform.

Amend title to conform.

Senator PASSAILAIGUE argued in favor of the adoption of the amendment.

The amendment was adopted.

Senator BRYAN proposed the following Amendment No. 7 (JUD3546.005), which was adopted:

Amend the amendment, dated May 17, 1993, as and if amended, by deleting all references contained in the amendment that would change the governing body of the Department of Health and Environmental Control to a three-member commission. The Department of Health and Environmental Control would retain its seven-member board as under current law. Board members would be non-salaried and would be authorized to receive such compensation as is provided by law for members of boards and commissions.

Renumber remaining sections to conform.

Amend title to conform.

Senator BRYAN argued in favor of the adoption of the amendment and Senator MOORE argued contra.

Senators LEVENTIS and MESCHER argued in favor of the adoption of the amendment.

The amendment was adopted.

Senator BRYAN proposed the following Amendment No. 8 (JUD3546.015), which was adopted:

Amend the amendment, dated May 17, 1993, as and if amended, by changing the governing body of the newly-created Department of Wildlife, Marine and Natural Resources from a three-member commission to a seven-member board. There would be one member appointed from each congressional district and one at-large by the Governor. All board members would be appointed by the Governor with the advice and consent of the Senate. Board members would be non-salaried and would be authorized to receive such compensation as is provided by law for members of boards and commissions. The board would have the authority to appoint an executive director. All of the boards, agencies, and commissions transferred to the newly-created department would be included in the new department: Department of Wildlife and Marine Resources, Land Resources and Conservation Commission, Water Resources Commission, Migratory Waterfowl Committee, Geological Mapping, State Geologist, and Coastal Council. The divisions of the newly-created department would be: Division of Natural Resources Enforcement, Division of Wildlife and Freshwater Fish, Division of Marine Resources, Division of Water Resources, Division of Land Resources, Division of Coastal Council, and Division of State Geologist and Geological Mapping.

Renumber remaining sections to conform.

Amend title to conform.

Senator BRYAN argued in favor of the adoption of the amendment.

Senator BRYAN moved that the amendment be adopted.

The amendment was adopted.

Senator BRYAN proposed the following Amendment No. 9 (JUD3546.016), which was adopted:

Amend the amendment, dated May 17, 1993, as and if amended, by changing the governing body of the Department of Social Services from a three-member commission to one commissioner who would be appointed by the Governor with the advice and consent of the Senate.

Renumber remaining sections to conform.

Amend title to conform.

Senator BRYAN argued in favor of the adoption of the amendment.

Senator BRYAN moved that the amendment be adopted.

The amendment was adopted.

Senator BRYAN proposed the following Amendment No. 10 (JUD3546.017), which was tabled:

Amend the amendment, dated May 17, 1993, as and if amended, by abolishing the current governing body of the Department of Corrections. The Department would be governed by one commissioner who would be appointed by the Governor with the advice and consent of the Senate.

Renumber remaining sections to conform.

Amend title to conform.

Senator BRYAN argued in favor of the adoption of the amendment and Senator MITCHELL argued contra.

Senator MITCHELL moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Courtney Elliott Ford
Glover Holland Jackson
Land Lander Macaulay
Matthews McConnell McGill
Mescher Mitchell Moore
O'Dell Patterson Rankin
Reese Saleeby Short
Smith, G. Waldrep Washington
Williams

Bryan Cork Giese
Gregory Leatherman Leventis
Martin Passailaigue Peeler
Richter Russell Ryberg
Setzler Smith, J.V. Stilwell
Thomas Wilson

The amendment was laid on the table.

Senator JACKSON proposed the following Amendment No. 11 (3546R001.DJ), which was tabled:

Amend the amendment, dated May 17, 1993, as and if amended, by adding a new appropriately numbered section to read:

/ SECTION . The 1976 Code is amended by adding:

"Section 1-3-435. Notwithstanding any other provision of law, the Governor is hereby granted the full and complete authority to order the removal and/or replacement of any flag that flies atop the Statehouse which is not the United States flag or the official State flag as designated in Section 1-1-670.

The Division of General Services of the Budget and Control Board must immediately execute any such order." /

Renumber remaining sections to conform.

Amend title to conform.

Senator JACKSON argued in favor of the adoption of the amendment.

Senator WILSON raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

Senators JACKSON and WASHINGTON spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

Senator J. VERNE SMITH argued contra to the adoption of the amendment.

Senator J. VERNE SMITH moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Courson * Courtney Giese
Gregory Lander Leventis
Macaulay Martin McConnell
Mescher Passailaigue Peeler
Reese Richter Russell
Ryberg Setzler Smith, J.V.
Stilwell Thomas Waldrep
Williams Wilson

Bryan Cork Elliott
Ford Glover Holland
Jackson Land Matthews
McGill Mitchell Moore
O'Dell Patterson Rankin
Saleeby Short Smith, G.
Washington

*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.

The amendment was laid on the table.

Senators WASHINGTON, MATTHEWS, PATTERSON, JACKSON, GLOVER, FORD and MITCHELL proposed the following Amendment No. 12 (JUD3546.021), which was adopted:

Amend the amendment, dated May 17, 1993, as and if amended, by inserting an appropriately numbered section to read:

/ SECTION ___. Section _________ is amended by adding:

"A Division of Mass Transit shall be created within the Department of Transportation to coordinate under the auspices of the department all matters relating to mass transit, intermodal surface transportation, and other forms of public transportation." /

Renumber remaining sections to conform.

Amend title to conform.

Senator WASHINGTON argued in favor of the adoption of the amendment and Senator GIESE argued contra.

Senator PASSAILAIGUE argued in favor of the adoption of the amendment.

The amendment was adopted.

Senators WILSON, THOMAS and RICHTER proposed the following Amendment No. 13 (3546R008.AGW), which was tabled:

Amend the amendment, dated May 17, 1993, as and if amended, by changing the method of selecting the Department of Transportation Commissioners from one member being elected at-large by the General Assembly from each congressional district to providing that the Governor shall appoint with the advice and consent of the Senate one member from each congressional district. The Governor shall continue to appoint the Chairman of the Commission.

Renumber remaining sections to conform.

Amend title to conform.

Senator WILSON argued in favor of the adoption of the amendment and Senators McCONNELL and PASSAILAIGUE argued contra.

Senator PASSAILAIGUE moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Bryan Courtney Elliott
Ford Glover Gregory
Holland Jackson Land
Lander Leventis Macaulay
Matthews McConnell McGill
Mescher Mitchell Moore
O'Dell Passailaigue Patterson
Peeler Rankin Reese
Richter Saleeby Setzler
Short Smith, G. Stilwell
Waldrep Washington Williams

Cork Giese Leatherman
Martin Russell Ryberg
Thomas Wilson

The amendment was laid on the table.

On motion of Senator STILWELL, at 6:20 P.M., Senator J. VERNE SMITH was granted a leave of absence for the balance of the day.

Senator MOORE proposed the following Amendment No. 15 (JUD3546.004), which was adopted:

Amend the amendment, dated May 17, 1993, as and if amended, by creating a new department to be known as the "Department of Disabilities and Special Needs." This department would include the current Department of Mental Retardation and its current programs in their entirety, the Program for Persons with Autism which is currently administered by the Department of Mental Health, and the Head and Spinal Cord Injury System created in S. 255 (version passed by the Senate).

The new department would contain three divisions: Mental Retardation, Programs for Persons with Autism, and the Head and Spinal Cord Injury System.

The new department would be governed by a seven-member board. The Governor would appoint one member from each congressional district and one member at-large. All members would be appointed with the advice and consent of the Senate. Board members would be non-salaried and would be authorized to receive such compensation as is provided by law for members of boards and commissions. The board would be authorized to appoint a director for the department.

Each division would have a seven-member advisory board. The membership of each advisory board would consist of persons with knowledge and expertise in the subject area of that division. The department would be required to consult with the advisory boards on regulations affecting that particular division as well as program and policy matters affecting that particular division. The Governor would appoint one member from each congressional district and one member at-large. All members would be appointed with the advice and consent of the Senate. Board members would be non-salaried and would be authorized to receive such compensation as is provided by law for members of boards and commissions.

All references throughout the 1976 Code to the Department of Mental Retardation would be changed to the Department of Disabilities.

Renumber remaining sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

At 6:24 P.M., Senator LEVENTIS assumed the Chair.

Senator MOORE continued explaining the amendment.

The amendment was adopted.

Senator McCONNELL proposed the following Amendment No. 18 (3546R009.GFM), which was tabled:

Amend the amendment, dated May 17, 1993, as and if amended, by adding an appropriately numbered SECTION to read:

/ SECTION . The Commission on Higher Education is abolished and its powers, duties, and responsibilities relating to review or coordination of programs or activities is devolved upon a council composed of the chairman of the governing body of each public institution of higher learning or his or her designee. /

Renumber remaining sections to conform.

Amend title to conform.

Senator McCONNELL argued in favor of the adoption of the amendment and Senator BRYAN argued contra.

Senator BRYAN moved to lay the amendment on the table.

The amendment was laid on the table.

At 6:30 P.M., Senator SETZLER assumed the Chair.

Senator LEVENTIS proposed the following Amendment No. 19 (DKA\4741SD.93), which was tabled:

Amend the Judiciary Committee amendment dated May 17, 1993, as and if amended, by providing that the Commission of the Department of Transportation shall consist of thirteen members. Twelve commissioners must be elected by affirmative vote of a majority of the House and a majority of the Senate, two from each congressional district of this State. The thirteenth commissioner must be appointed by the Governor from the State at large upon the advice and consent of the Senate to serve as chairman.

Amend title to conform.

Senator LEVENTIS argued in favor of the adoption of the amendment and Senator MOORE argued contra.

At 6:35 P.M., Senator LEVENTIS assumed the Chair.

Senator MOORE moved to lay the amendment on the table.

The amendment was laid on the table.

Senators LANDER, WILSON, ROSE, RANKIN and MITCHELL proposed the following Amendment No. 21 (JUD3546.032), which was adopted:

Amend the amendment, as and if amended, by adding an appropriately numbered SECTION to read:

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

Section 1-3-500. There hereby is created the Office of Inspector General. The Inspector General shall be appointed by the Governor to serve a term of four years, shall be directly responsible to the Governor, and shall be independent of any other state agency, board, or department. The Inspector General may be removed from office at the Governor's discretion by an Executive Order.

Section 1-3-510. For purposes of this chapter, `state agency' means any office, department, board, commission, institution, university, college, body politic and corporate of the State, and any other person or any other administrative unit of state government or corporate outgrowth of state government, expending or encumbering state funds by virtue of an appropriation from the General Assembly, or handling money on behalf of the State, or holding any trust funds from any source derived. `State agency' does not mean or include municipalities, counties, or special purpose districts. Nothing herein shall affect any entity which derives its powers and duties under Article 3 or Article 5 of the South Carolina Constitution.

Section 1-3-520. It is the duty of the Inspector General:

(a) to respond to any request concerning any state fiscal matter or information which may be referred to him by the Governor;

(b) to conduct audits upon the Governor's request or sua sponte of the operations of state departments, agencies, and institutions for the purpose of determining the effectiveness of such operations;

(c) to assist the Governor in the performance of his official functions by providing to him impartial and accurate information and reports concerning the state fiscal problems presented to him as Governor; and

(d) to establish a system of audits for all fiscal matters and financial transactions for all state agencies of the government.

Section 1-3-530. For the purposes of carrying out its duties under this article, the Office of Inspector General shall have access to the records and facilities of every state agency.

Section 1-3-540. In the performance of its duties, the Office of Inspector General is subject to the statutory provisions and penalties regarding confidentiality of records of the agency under review.

Section 1-3-550. The Inspector General must submit any findings in the form of a written report to the Governor upon completion of any investigation or audit. Any report under this section is subject to public disclosure.

Section 1-3-560. Nothing in this article shall affect the rights and protections of state employees afforded under Title 8.

Section 1-3-570. The office created in this article is subject to the sunset review pursuant to Chapter 20 of Title 1 every four years." /

Renumber sections to conform.

Amend title to conform.

Senator LANDER argued in favor of the adoption of the amendment.

Senator LANDER moved that the amendment be adopted.

The amendment was adopted.

Senator RICHTER proposed the following Amendment No. 23 (3546R012.LER), which was tabled:

Amend the amendment, dated May 17, 1993, as and if amended, by adding an appropriately numbered SECTION to read:

/ SECTION . No court in this State may order a reimbursement or award of travel expenses which exceeds the per mile reimbursement authorized for use of personal automobiles by members of state boards or commissions in the General Appropriation Act when such members are conducting official business of the respective entity.

No court may order reimbursement for meals and lodging in excess of the subsistence reimbursement authorized for members of the General Assembly in the annual General Appropriation Act. /

Renumber remaining sections to conform.

Amend title to conform.

Senator RICHTER argued in favor of the adoption of the amendment.

Senator LAND raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

Senator RICHTER spoke on the Point of Order.

The ACTING PRESIDENT took the Point of Order under advisement.

Senator LAND moved to lay the amendment on the table.

The amendment was laid on the table.

Senator BRYAN proposed the following Amendment No. 24 (JUD3546.018), which was tabled:

Amend the amendment, dated May 17, 1993, as and if amended, by adding an appropriately numbered SECTION to read:

/ SECTION ___. (A) Section 59-3-10 of the 1976 Code is amended to read:

"Section 59-3-10. The State Superintendent of Education shall be elected at each general election in the same manner as other State officers appointed by the State Board of Education and shall enter upon the duties of his office at the time prescribed by law. Before entering upon the duties of his office he shall give bond for the use of the State in the penal sum of five thousand dollars, with good and sufficient sureties, to be approved by the Governor, conditioned for the faithful and impartial performance of the duties of his office, and he shall also, at the time of giving bond, take and subscribe the oath prescribed in Section 26 of Article III of the Constitution of the State, which shall be endorsed upon the back of the bond. The bond shall be filed with the Secretary of State, and by him recorded and, when so recorded, shall be filed with the State Treasurer. The Superintendent of Education shall receive as compensation for his services such sum as the General Assembly shall by law provide, payable monthly out of the State Treasury, and his traveling expenses, not exceeding three hundred dollars, shall be paid out of the State Treasury upon duly itemized accounts rendered by him."

(B) Section 59-5-10 of the 1976 Code is amended to read:

"Section 59-5-10. The State Board of Education shall be composed of one member from each judicial circuit Congressional District and one member at-large appointed by the Governor upon the advice and consent of the Senate. The members shall serve terms of four years and until their successors are elected appointed and qualify, except of those first elected, the members from the fifth, tenth and fourteenth circuits shall serve terms of one year; the members from the first, sixth, eighth and twelfth circuits shall serve terms of two years and the members from the fourth, seventh, ninth and eleventh circuits shall serve terms of three years. The terms of all members shall commence on January first following their election.

The legislative delegations representing the counties of each judicial circuit shall meet upon written call of a majority of the members of the delegations of each judicial circuit at a time and place to be designated in such call for the purpose of electing a member of the Board to represent such circuit. A majority present, either in person or by written proxy, of the members of the county legislative delegations from a given circuit shall constitute a quorum for the purpose of electing a member, but no person shall be declared elected who shall fail to receive a majority vote of all the members of the county legislative delegations from the circuit. The joint county legislative delegations of each circuit shall be organized by the election of a chairman and a secretary and such joint legislative delegations shall, subject to the provisions herein, adopt such rules as they deem proper to govern the election. Any absentee may vote by written proxy. When the election is completed, the chairman and secretary of the joint county legislative delegations of each circuit After making the appointment, the Governor shall immediately transmit the name of the person elected to the Secretary of State who shall forthwith issue to such person, after he has taken the usual oath of office, a certificate of election as a member of the State Board of Education. The Governor shall thereupon issue a commission to such person and pending such issuance the certificate of election shall be a sufficient warrant to such person to perform all of the duties and functions of his office.

Any vacancy shall be filled in the same manner as the original appointment for the unexpired portion of the term.

Representation of a given judicial circuit on the State Board of Education shall be rotated among the counties of the circuit, except by unanimous consent of all members of the county legislative delegations from the circuit. No member shall succeed himself in office except by unanimous consent of the members of the county legislative delegations from the circuit. Members of the legislative delegation of any county entitled to a member of the Board shall nominate persons for the office, one of whom shall be elected to the Board.

The Board shall select its chairman and other officers to serve for such terms as the Board may designate. Provided, the Superintendent of Education shall serve as secretary and administrative officer to the Board. The Board shall adopt its own rules and procedures. The chairman and other officers shall have such powers and duties as may be determined by the Board not inconsistent with the law.

At the initial meeting of the legislative delegations representing the counties of each circuit, it shall be determined by lot the sequence in which each county shall be entitled to nominate persons for the office."

(C) Section 59-3-20 is repealed.

(D) This SECTION takes effect when the Constitution of this State is amended to authorize the provisions of this SECTION. /

Renumber remaining sections to conform.

Amend title to conform.

Senator BRYAN argued in favor of the adoption of the amendment and Senator SETZLER argued contra.

At 6:59 P.M., Senator McGILL assumed the Chair.

Senator SETZLER moved to lay the amendment on the table.

The amendment was laid on the table.

Senators SALEEBY, LEVENTIS and GIESE proposed the following Amendment No. 25A (JUD3546.028), which was adopted:

Amend the amendment, dated May 17, 1993, as and if amended, page 1, line 19, by striking SECTION 2 in its entirety and inserting therein the following:

/ SECTION 2. Section 1-3-240 of the 1976 Code is amended to read:

"Section 1-3-240. (A) Any officer, county or State of the county or State, except:
(1) an officer whose removal is provided for in Section 3 of Article XV of the State Constitution and; or
(2) an officer guilty of the offense named in Section 22 8 of Article IV VI of the Constitution ; or
(3) an officer appointed to a state office by a Governor pursuant to subsection (B), either with or without the advice and consent of the Senate, who is guilty of malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, or persistent neglect of duty in office, or who persists in holding an office to which he has been appointed or elected the duties of which he has not the capacity properly to discharge incapacity shall be subject to removal by the Governor of the State 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, may be removed from office by the Governor at his discretion by an Executive Order removing the officer." /

Amend the bill further, as and if amended, page 2, line 20, by striking SECTION 3 in its entirety and inserting therein the following:

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

"Section 1-3-250. Any such An officer, other than a state officer appointed by a Governor, either with or without the advice and consent of the Senate, 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 such 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 such 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 such 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 such the appeal, or in such shorter time as may be practical, hear and determine such 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. Such The hearing may be had and judgment may be rendered in open court, or at chambers within or without the circuit."/

ALSO: Amend the amendment so that quasi-judicial state officers' terms are coterminous with the Governor.

Renumber remaining sections to conform.

Amend title to conform.

Senator SALEEBY argued in favor of the adoption of the amendment.

Senator SALEEBY moved that the amendment be adopted.

The amendment was adopted.

Senator STILWELL proposed the following Amendment No. 26 (JUD3546.020), which was adopted:

Amend the amendment, dated May 17, 1993, as and if amended, by leaving the South Carolina Research Authority as a separate and independent entity and deleting all references to incorporating the authority as a division of the proposed new Department of Commerce and Economic Development. Chapter 17 of Title 13 is not repealed.

Renumber remaining sections to conform.

Amend title to conform.

Senator STILWELL explained the amendment.

Senator STILWELL moved that the amendment be adopted.

The amendment was adopted.

Senators MOORE, HOLLAND, STILWELL, JACKSON, MARTIN, LEATHERMAN and O'DELL proposed the following Amendment No. 27 (JUD3546.027), which was adopted:

Amend the amendment, dated May 17, 1993, as and if amended, by deleting all language in the amendment giving the newly-created Department of Wildlife, Marine and Natural Resources authority over the South Carolina Mining Council. The Mining Council would remain as constituted under current law, retaining all of its current authority, duties, and powers.

Renumber remaining sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

Senator MOORE moved that the amendment be adopted.

The amendment was adopted.

Senator MOORE proposed the following Amendment No. 28 (JUD3546.029), which was adopted:

Amend the amendment, dated May 17, 1993, as and if amended, page 182, line 33, in Section 48-2-60, as contained in SECTION 322, by striking after the word /act./ the following:

/ Division directors serve at the pleasure of the commission./ .

Amend the amendment further, dated May 17, 1993, as and if amended, page 183, in Section 48-2-80, as contained in SECTION 322, by adding appropriately numbered items to read:

/ ( ) examine, modify, approve, or deny applications for permits for activities covered by the laws and regulations relating to wildlife, marine, and natural resources.

( ) revoke and suspend permits of persons who fail or refuse to carry out or comply with the terms and conditions of any permits issued by the department;

( ) exercise all authority granted to it under the laws and regulations relating to wildlife, marine, and natural resources./ .

Renumber remaining sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

Senator MOORE moved that the amendment be adopted.

The amendment was adopted.

At 7:14 P.M., the PRESIDENT assumed the Chair.

Senators DRUMMOND, THOMAS, COURSON and J. VERNE SMITH proposed the following Amendment No. 29 (BBM\10595SD.93), which was carried over and later withdrawn:

Amend the Judiciary Committee amendment dated May 17, 1993, as and if amended, by striking all sections relating to the Department of Public Safety and the State Law Enforcement Division and inserting a new section to be appropriately numbered which shall read:

/SECTION . SOUTH CAROLINA LAW ENFORCEMENT DEPARTMENT

(1) Article 1, Chapter 3 of Title 23 of the 1976 Code is amended to read:

Section 23-3-10. There is hereby created the South Carolina Law Enforcement Division Department and on July 1, 1993, the name of the South Carolina Law Enforcement Division is hereby changed to the South Carolina Law Enforcement Department. There shall be no governing board for the Law Enforcement Department. The division shall department must be headed by a chief who shall must be appointed by the Governor by and with the advice and consent of the Senate and shall hold office until his successor shall have been is appointed and qualified. The term of the chief shall must be coterminous with that of the appointing Governor ten years. On the effective date of the provisions of this section providing for a ten-year term for the chief, a successor to the chief serving on this date must be appointed as provided herein. Nothing herein prevents the chief serving on this date from being reappointed to this ten-year term. No person may serve more than two full ten-year terms, or more than a total of twenty years as chief. The Governor may, at his discretion, appoint such other agents as he may deem necessary to assist in the detection of crime and the enforcement of criminal laws of this State. The agents, officers and troopers of the department must be commissioned by the Governor upon the recommendation of the chief of the department. The agents, officers and troopers shall have such that rank or title as may be provided under the State Employees Classification System. The chief may appoint such other personnel as is deemed considered necessary and as is provided for in the annual appropriations act. All agents, officers and troopers appointed commissioned by the Governor shall be are subject to discharge for cause which shall must be subject to review as is now provided by law for other state employees.

Section 23-3-15. In addition to its authorities and duties provided by law, the South Carolina Law Enforcement Department is responsible for the enforcement of all criminal laws, including traffic offenses, misdemeanors, and felonies, and civil laws, the violation of which may result in a fine or other penalty being assessed against the violator, which laws are enforced on the effective date of this section by law enforcement personnel employed by and under the jurisdiction of the Alcoholic Beverage Control Commission, the Department of Highways and Public Transportation, and the law enforcement department of the Public Service Commission. These civil and criminal laws also include regulations and ordinances pertinent thereto. The duties, functions, and powers of these law enforcement personnel are devolved upon the South Carolina Law Enforcement Department and the law enforcement personnel of these agencies on the effective date of this section shall perform their duties and functions under the auspices of the Law Enforcement Department and shall become a part of the department in the manner provided by law.

Section 23-3-20. Before the chief or any agent shall enter upon his duties he shall first enter into good and sufficient bond in the penal sum of two thousand dollars and shall subscribe to the oath provided by law for peace officers.

Each Governor shall reappoint all agents within sixty days after taking office unless the agent is discharged with cause as provided by law.

Every officer, agent, and trooper commissioned pursuant to this article shall file a bond, or be covered by a surety bond, of not less than two thousand dollars with the South Carolina Law Enforcement Department, subscribed by a licensed surety company, conditioned for the faithful performance of his duties, for the prompt and proper accounting of all funds coming into his hands, and for the payment of a judgment recovered against him in a court of competent jurisdiction upon a cause of action arising out of breach or abuse of official duty or power and for the payment of damages sustained by a member of the public from an unlawful act of the agent or trooper. However, coverage under the bond does not include damage to persons or property arising out of the negligent operation of a motor vehicle. The bond may be individual, schedule, or blanket and on a form approved by the Attorney General. The premiums on the bonds must be paid by the department.

All officers, agents, and troopers of the department shall take and subscribe to the oath provided by law for peace officers.

Section 23-3-25. The Chief of the South Carolina Law Enforcement Department may assign personnel of the department to particular areas of enforcement as appropriate for the enforcement of the laws and regulations of this State which the South Carolina Law Enforcement Department is charged with enforcing. For this purpose, the chief may establish divisions within the department to carry out particular duties as assigned by the chief. The State Highway Patrol, SLED, Criminal Justice Academy, and Criminal Justice Hall of Fame shall each become divisions on the effective date of this section.

Section 23-3-30. All security personnel employed by the State, other than at correctional institutions shall must be under the direct supervision of the South Carolina Law Enforcement Division Department.

Section 23-3-40. All sheriff and police departments in South Carolina shall make available to the Criminal Justice Records Division of the State Law Enforcement Division Department for the purpose of recordation and classification all fingerprints taken in criminal investigations resulting in convictions. The State Law Enforcement Division Department shall pay for the costs of such program and prepare the necessary regulations and instructions for the implementation of this section.

Section 23-3-45. The South Carolina Law Enforcement Division Department is authorized to accept fingerprints of applicants for admission to the South Carolina Bar and, to the extent provided for by federal law, to exchange state, multistate, and federal criminal history records with the South Carolina Board of Law Examiners for licensing purposes.

Section 23-3-50. Notwithstanding any other provisions of law, All revenue from fees and licenses received by the State Law Enforcement Division Department related to enforcement and regulation of private detective and security companies (Section 40-17-160 of the 1976 Code), gun dealers (Section 16-23-10), gun permits (Sections 23-31-110 and 17-5-110) and massage parlors (Section 40-29-160) shall must be remitted to the State Treasurer as collected and credited to the general fund of the State.

Section 23-3-60. The State Law Enforcement Division Department should assign eight of its agents occupying full-time classified positions provided for in the annual general appropriations act to drug enforcement and narcotics control activities involving children in the public schools of this State, one such agent to be assigned to work primarily in each congressional district of this State, and two such agents to be assigned to work the State at large."

(2) Chapter 5, Title 23 of the 1976 Code is amended to read:

Section 23-5-10. The law enforcement division of the State Highway Department shall be named and known as the `South Carolina Highway Patrol' is a division of the South Carolina Law Enforcement Department, is under its direct supervision and control, and shall consist consists of such patrolmen the troopers, officers, agents, and employees as the Department may deem department considers necessarily proper for the enforcement of the traffic and other related laws, the enforcement of which is devolved upon the Law Enforcement Department. Such officers and patrolmen shall be commissioned by the Governor upon the recommendation of the Chief Highway Commissioner. Such commissions may be terminated at the pleasure of the Chief Highway Commissioner.

Section 23-5-20. Every officer and patrolman commissioned pursuant to this chapter shall file a bond, or be covered by a surety bond, in the amount of not less than two thousand dollars with the Department, subscribed by some duly licensed surety company, conditioned for the faithful performance of his duties, for the prompt and proper accounting of all funds coming into his hands and for the payment of any judgment recovered against him in any court of competent jurisdiction upon a cause of action arising out of breach or abuse of official duty or power and damages sustained by any member of the public from any unlawful act of such officer or patrolman; provided, that coverage under such bond shall not include damage to persons or property arising out of the negligent operation of a motor vehicle. Such bond may be individual, schedule or blanket and on a form approved by the Attorney General. The premiums on such bonds shall be paid by the Department out of the State highway fund.

Section 23-5-30 23-5-20. The Department South Carolina Law Enforcement Department may provide such the officers and patrolmen troopers with distinctive uniforms and suitable arms and equipment for use in the performance of their duties. Such The officers and patrolmen troopers shall at all times, when in the performance of their duties, shall wear complete uniforms with badges conspicuously displayed on the outside of their uniforms.

Section 23-5-31. The Director Chief of the South Carolina Law Enforcement Department Division of the South Carolina Department of Highways and Public Transportation (director), with the approval of the Executive Director of the Department of Highways and Public Transportation, shall prescribe a unique and distinctive official uniform, with appropriate insignia to be worn by all officers of the South Carolina Highway Patrol when on duty and at such other times as the director shall order, chief orders and a distinctive color or colors and appropriate emblems for all motor vehicles used by such the highway patrol except those designated by the director chief. No other law enforcement agency, private security agency, or any person shall may wear a similar uniform and insignia which may be confused with the uniform and insignia of the highway patrol nor shall any. An emblem must not be used on a motor vehicle nor shall it, and a motor vehicle must not be painted in a color or in any a manner which would cause the vehicle to be similar to a highway patrol vehicle or readily confused therewith with it.

Section 23-5-32. The director chief shall file with the Secretary of State and Legislative Council for publication in the State Register a description and illustration of the official highway patrol uniform with insignia and the emblems of the official highway patrol uniforms and motor vehicles and a description of including the color of such uniforms and vehicles.

Section 23-5-33. In order to carry out the provisions of Sections 23-5-31 to 23-5-34 in an orderly and economical manner, it is intended that all serviceable uniforms be continued in use until such time as the director deems chief considers it necessary for them to be replaced. These provisions shall also apply to the emblems for motor vehicles.

Section 23-5-34. Any A violation of Sections 23-5-31 to 23-5-34 may be enjoined by the court of common pleas upon petition of the director Chief of the law enforcement division South Carolina Law Enforcement Department after due notice to the person violating the provisions of the Sections 23-5-31 to 23-5-34 sections and after a hearing on the petition.

Section 23-5-40. The patrolmen troopers and officers of the South Carolina Highway Patrol shall patrol the highways of the State for the purpose of enforcing to enforce the laws of the State relative to highway traffic and motor vehicles. Such The officers and patrolmen shall troopers have the same power to serve criminal processes against offenders as sheriffs of the various counties and also the same power as such the sheriffs to arrest without warrants and to detain persons found violating or attempting to violate any the laws of the State relative to highway traffic and motor vehicles. Such The officers and patrolmen troopers shall also have the same power and authority held by deputy sheriffs for the enforcement of the criminal laws of the State.

Section 23-5-50. When any a person is apprehended by a patrolman trooper upon a charge of violating any a traffic or other law, the enforcement of which by a patrolman trooper is authorized by law, the person so being charged, upon being served with the official summons issued by such the arresting patrolman trooper, in lieu of being immediately brought before the proper magistrate, recorder, or other judicial officer to enter into a formal recognizance or make direct the deposit of a proper sum of money in lieu of a recognizance or incarceration, may deposit with the apprehending patrolman trooper a sum of money as bail, not less than the minimum nor more than the maximum fine, but in no case to exceed not more than two hundred dollars, to be in due course turned over to the judicial officer as money for bail, in lieu of entering into a recognizance for his appearance for trial as set in the aforesaid summons or being incarcerated by the arresting officer and held for further action by the appropriate judicial officer. A receipt for such the sum so deposited shall must be given to such the person by such the arresting officer. The summons duly served as herein provided shall give in this section gives the judicial officer jurisdiction to dispose of the matter. Upon receipt of the fixed sum of money the patrolman trooper may release the person so charged as above provided for his further appearance before the proper judicial officer as provided for and required by the summons.

Section 23-5-60. The patrolmen shall troopers, upon request of any a sheriff, shall assist such sheriff him in the solution of any a crime and the apprehension of any a law violator."

(3) (a) Section 57-3-10 of the 1976 Code is amended to read:

"Section 57-3-10. There is hereby established as an administrative agency of the state government the South Carolina Department of Highways and Public Transportation. Its functions and purposes shall be are the systematic planning, construction, maintenance, and operation of the state highway system, the regulation of traffic thereon, the administration and enforcement of traffic, driver and motor vehicle laws, and other laws relating to such subjects, the coordination of all state and federal programs relating to public transportation among the departments, agencies, and other bodies politic and legally constituted agencies of this State and the performance of such other duties and matters as may be delegated to it pursuant to law, except that the department shall may not be charged with any duties or responsibilities delegated by law to the Public Service Commission."

(b) Section 57-3-30 of the 1976 Code is amended to read:

"Section 57-3-30. A. The department must be divided into such divisions as the Commission or the Executive Director of the Department of Highways and Public Transportation may prescribe prescribes but shall consist of at least four three principal divisions;, one of which shall be is the engineering division, another the motor vehicle division, another the law enforcement division, and another the public transportation division. The motor vehicle division and the law enforcement division may be combined under one director. Other ancillary or service divisions may be set up by the department as may be necessary for the efficient and economical operation of the department and to carry out the functions and purposes of the department. The department is also authorized to process all payments for goods and services for the Interagency Council on Public Transportation.

B. The department is authorized to develop a general public transportation plan and policy for the State in order to encourage the efficient development, implementation, operation, evaluation, and monitoring of public transportation systems, both public and private. All departments, boards, public authorities, or other agencies of the State or its political subdivisions, local government, transportation authorities, and other local public entities shall cooperate with the department, provide assistance, data, and advice upon request."

(c) Section 57-3-610 of the 1976 Code is amended to read:

"Section 57-3-610. The Department of Highways and Public Transportation may:

(1) lay out, build, and maintain public highways and bridges;

(2) acquire such lands and road-building materials and rights-of-way as may be needed for roads and bridges by purchase, gift, or condemnation; (3) cause the state highways to be marked with appropriate directions for travel and regulate the travel and traffic along such the highways, subject to the laws of the State;

(4) initiate and conduct research programs and pilot projects to further research and development, and promote training of personnel in the fields of planning, construction, maintenance, and operation of the state highway system, the regulation of traffic thereon on them, the administration and enforcement of traffic, driver and motor vehicle laws, and public transportation;

(5) cooperate with the federal government in the construction of federal-aid highways, in the development of improved public transportation service, facilities, equipment, techniques and methods, and in planning and research in connection therewith with it; and seek and receive such federal aid and assistance as may from time to time may become available except for funds designated by statute to be administered by the Chief Executive Officer of the State;

(6) instruct, assist, and cooperate with the agencies, departments, and bodies politic and legally constituted agencies of the State in street, highway, traffic, and public transportation matters when requested to do so, and, if requested by such the government authorities, supervise or furnish engineering supervision for the construction and improvement of roads and bridges, provided such the duties do not impair the attention to be given the highways in the state highway system;

(7) carry out highway and public transportation safety programs;

(8) license and register motor vehicles and administer the collection of license and registration fees and penalties;

(9) examine and license motor vehicle drivers;

(10) engage in driver training and safety activities;

(11) Enforce the traffic, motor vehicle and related laws;

(12) promulgate such rules and regulations for the administration and enforcement of the powers delegated to department by law, which rules and regulations shall have the full force and effect of law upon filing according to law; and

(13)(12) do all other things required or provided by law."

(d) The 1976 Code is amended by adding:

"Section 57-3-615. The Department of Transportation must service and maintain all motor vehicles operated by the South Carolina Law Enforcement Department and its divisions."

(4) Article 3, Chapter 3, Title 58 of the 1976 Code is amended to read:

Section 58-3-310. The law enforcement department of the Public Service Commission shall consist of such South Carolina Law Enforcement Department must appoint officers, inspectors and agents and troopers as the commission may deem is necessary and proper for the enforcement of the Motor Vehicle Carrier Law and other related laws, the enforcement of which is devolved upon the department South Carolina Law Enforcement Department. The title of such officers, inspectors and agents shall be `Transportation Division Inspectors'. The inspectors shall be commissioned by the Governor upon the recommendation of the commission. The commission may remove an inspector if it finds that he is unfit for the position.

Section 58-3-320. Each inspector shall execute a bond with a licensed surety company in the amount of not less than ten thousand dollars. The bond shall be filed with the commission and shall be conditioned for the faithful performance of his duties, for the prompt and proper accounting of funds coming into his hands and for the payment of any judgment rendered against him in any court of competent jurisdiction upon a cause of action arising out of breach or abuse of official duty or power and damages sustained by any member of the public from any unlawful act of the inspector. The coverage under the bond shall not include damage to persons or property arising out of the negligent operation of a motor vehicle. The bond may be individual, schedule or blanket, and shall be approved by the Attorney General. The premiums on the bonds shall be paid by the commission from appropriated funds.

Section 58-3-330. Before entering upon the duties of his office, each inspector shall take and subscribe before a notary public, or other officer authorized to administer an oath, an oath to faithfully perform the duties of his office and to properly execute the laws of this State.

Section 58-3-340. The inspectors shall possess and exercise all of the powers and authority held by constables at common law.

Section 58-3-350. When acting in their official capacity, inspectors shall have statewide authority for the enforcement of all motor vehicle carrier laws and related laws.

Section 58-3-360 58-3-320. Inspectors Officers and troopers shall enforce the Motor Vehicle Carrier Law, and related laws and ensure that all persons violating any provision of these laws are properly prosecuted.

Section 58-3-370 58-3-330. When any person is apprehended by an inspector an officer or trooper upon a charge of violating the Motor Vehicle Carrier Law or related laws, the following procedure shall must be followed:

(1) The person being charged shall be served by the arresting inspector officer or trooper with an official summons and arrest report. The report shall give the appropriate judicial officer jurisdiction to dispose of the case.

(2) The person being charged may deposit with the arresting inspector officer or trooper a sum of money not to exceed one two hundred dollars as bail in lieu of being immediately brought before the magistrate or other judicial officer; provided, that an official summons and arrest report may be issued without requiring any sum of money as bail.

(3) The official summons and arrest report shall indicate the amount of bail deposited with the inspector officer or trooper and shall serve as a receipt for the sum.

(4) The arresting inspector officer or trooper shall transmit any sum of money received from the person charged to the appropriate magistrate or other judicial officer.

(5) Upon receipt of the sum of money, if any is required, as bail, the arresting inspector officer or trooper may release the person charged so that he may appear before the proper judicial officer at a time and place stated in, and required by, the official summons and arrest report.

(5) (a) Section 61-1-60 of the 1976 Code is amended to read:

"Section 61-1-60. In order to provide means for a more rigid enforcement of the laws and rules and regulations governing alcoholic beverages and beer and wine in the State, the South Carolina Beverage Control Commission is authorized to employ eleven investigators and other necessary administrative personnel who shall function under the control of the commission. Salaries of all personnel shall be as set by the commission. The South Carolina Law Enforcement Department shall employ agents necessary to enforce the laws and regulations governing alcoholic beverages and beer and wine as provided in Section 23-3-15."

(b) Section 61-3-220 of the 1976 Code is amended to read:

"Section 61-3-220. The Commission South Carolina Law Enforcement Department may employ such inspectors agents as may be necessary for the proper administration and enforcement of the provisions of this chapter, Chapter 7, and Article 3 of Chapter 13 and Chapter 33 of Title 12. The salaries of said inspectors these agents shall be fixed by the Commission department and shall be payable as an expense of the administration enforcement of this chapter, Chapter 7, and Article 3 of Chapter 13. The Governor shall commission as state constables such inspectors or agents as are certified to him by the Commission in order that they shall have adequate authority as peace officers to enforce the provisions of this chapter, Chapter 7, and Article 3 of Chapter 13 and Chapter 33 of Title 12. Each inspector shall, before entering upon the discharge of his duties, take and subscribe the oath of office as required by Article III, Section 26, of the Constitution of South Carolina, and also any additional oath required by law and shall give bond payable to the State, in form approved by the Attorney General, in the penal sum of five thousand dollars with some surety or guaranty company duly authorized to do business in South Carolina and approved by the Commission, as surety, conditioned upon the faithful discharge of his duties. The premiums on such bonds shall be paid as an expense of the administration of this chapter, Chapter 7 and Article 3 of Chapter 13 and the bonds shall be filed with and preserved by the Secretary of State."

(c) Section 61-5-100 of the 1976 Code is amended to read:

"Section 61-5-100. All alcoholic liquors found in the possession, custody or within the control of any person, corporation, or organization, which are handled, stored, kept, possessed, transported, used, or distributed in violation of any of the provisions of Chapter 3, Chapter 7, and Article 3 of Chapter 13, or in violation of any of the provisions of this article, or with the design of avoiding payment of any license taxes provided in Chapter 33 of Title 12, are hereby declared to be contraband and may be seized and confiscated without a warrant by the Commission South Carolina Law Enforcement Department, its respective agents, or any peace officer, and shall be disposed of in accordance with Section 61-13-570."

(d) Section 61-5-140 of the 1976 Code is amended to read:

"Section 61-5-140. The Alcoholic Beverage Control Commission South Carolina Law Enforcement Department shall employ such additional enforcement personnel as required to adequately enforce the provisions of this article."

(e) Section 61-9-1050 of the 1976 Code is amended to read:

"Section 61-9-1050. The Alcoholic Beverage Control Commission South Carolina Law Enforcement Department is empowered to investigate any violations of this article and to furnish to the prosecuting attorney of any a court having jurisdiction of the offense information with respect to any violations of this article. The Alcoholic Beverage Control Commission South Carolina Law Enforcement Department shall have the power to enforce compliance with the provisions of any injunction granted by the court under the terms of this article, and, if the court finds that there has been a violation of the provisions of any injunction granted by it, the Alcoholic Beverage Control Commission Department of Taxation and Revenue may revoke or suspend the permit of any beer wholesaler and the South Carolina Alcoholic Beverage Control Commission Department of Taxation and Revenue may revoke the registration of any registered producer and its right to ship beer into the State of South Carolina."

(f) Section 61-13-410 of the 1976 Code is amended to read:

"Section 61-13-410. Any person who, upon demand of any officer or agent of the Alcoholic Beverage Control Commission South Carolina Law Enforcement Department while enforcing the provisions of this chapter, refuses to allow full inspection of the premises or any part of it which is licensed to sell alcoholic liquors or beer or wine, or refuses to allow full inspection of the stocks and invoices of the licensee or who hinders or in any way hinders or prevents the inspection is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for a period not exceeding sixty days, or both."

(g) Section 61-13-810 of the 1976 Code is amended to read:

"Section 61-13-810. It shall be is unlawful for any a person, with or without a beer or wine permit, to sell or to offer for sale any a beverage, generally used as and for a soft drink rather than as a medicine or for cooking purposes, having any an alcoholic content, when such the beverage resembles in color and general appearances a vegetable drink, a fruit drink, or a soft drink. Violation of this section shall be is a misdemeanor and shall be is punishable in the discretion of the court. In addition, such drinks are hereby declared contraband and shall must be seized by any duly authorized agent of the South Carolina Alcoholic Beverage Control Commission Law Enforcement Department, or by any peace officer, and shall must be disposed of in like a manner as is provided by law for the disposition of illegal alcoholic liquors."

(h) Section 61-13-836 of the 1976 Code is amended to read:

"Section 61-13-836. When any person is charged by an agent of the South Carolina Alcoholic Beverage Control Commission South Carolina Law Enforcement Department with a criminal offense punishable by a fine of not more than two hundred dollars or imprisonment for not more than thirty days, the person charged, upon being served with the official summons issued by the agent, shall appear before the proper judicial officer at the time and place stated in the summons. The service of the summons shall vest the court with jurisdiction to hear and dispose of the charge for which the summons was issued."

(6) (a) The 1976 Code is amended by adding:

"Section 23-23-35. The Law Enforcement Training Council and School shall be a division of the South Carolina Law Enforcement Department."

(b) Section 23-23-30 of the 1976 Code is amended to read:

"Section 23-23-30. (A) There is created a South Carolina Law Enforcement Training Council consisting of twelve thirteen members:

(1) the Attorney General of South Carolina;

(2) the Chief of the South Carolina Law Enforcement Division Department;

(3) the Commanding Officer of the South Carolina Highway Patrol;

(4) the Executive Director of the South Carolina Wildlife and Marine Resources Department;

(5) the Commissioner of the South Carolina Department of Corrections;

(6) the Dean of the University of South Carolina School of Law;

(7) one chief of police from a municipality having a population of less than ten thousand; this person to be appointed by the Governor for a term of four years;

(8) one chief of police from a municipality having a population of more than ten thousand; this person to be appointed by the Governor for a term of four years;

(9) one county sheriff from a county having a population of more than 50,000 engaged in full-time performance of duties as a law enforcement officer; this person to be appointed by the Governor for a term of four years;

(10) one sheriff from a county having a population of less than 50,000 engaged in full-time performance of duties as a law-enforcement officer; this person to be appointed by the Governor for a term of four years;

(11) one person employed in the administration of any municipality or holding a municipal elective office; this person to be appointed by the Governor for a term of four years;

(11) (12) one person employed in the administration of county government or elected to a county governing body; this person to be appointed by the Governor for a term of four years;

(12) (13) the special agent in charge of the Federal Bureau of Investigation, Columbia Division.

(B) (1) The members provided for in (1) through (6) and in (13) above are ex officio members with full voting rights.

(2) The members provided for in (7) through (11) (12) above shall serve terms as stipulated beginning with July 1, 1970. In the event that a vacancy arises it must be filled for the remainder of the term by appointment by the Governor on the basis of the above-mentioned criteria. (C) This council shall elect one of its members as chairman and one as vice-chairman; these shall serve a term of one year in this capacity and may be re-elected. The council shall meet at the call of the chairman or at the call of a majority of the members of the council, but no fewer than four times each year. The council shall establish its own procedures with respect to quorum, place, and conduct of meetings.

(D) Members of the council shall serve without compensation.

(E) A council member who terminates his holding of the office or employment which qualified him for appointment shall cease immediately to be a member of the council; the person appointed to fill the vacancy shall do so for the unexpired term of the member whom he succeeds."

(7) (a) Section 23-25-20 of the 1976 Code is amended to read:

"Section 23-25-20. To plan, enact and administer the Hall of Fame, there is hereby created the Law Enforcement Officers Hall of Fame Committee. The committee shall consist of the following ex officio members:

(1) The chief of the South Carolina Law-Enforcement Division Law Enforcement Department, who shall serve as chairman;

(2) The Director of Law-Enforcement of the South Carolina Department of Highways and Public Transportation head of the South Carolina Highway Patrol;

(3) The Commissioner of the State Department of Corrections;

(4) The secretary of the South Carolina Sheriffs Association;

(5) The executive director of the South Carolina Law Enforcement Officers Association.

All members of the committee may designate persons to represent them at meetings they are unable to attend."

(b) The 1976 Code is amended by adding:

"Section 23-25-25. The Law Enforcement Officers Hall of Fame shall be a division of the South Carolina Law Enforcement Department."/

Renumber sections, amend title and totals to conform.

Senator DRUMMOND argued in favor of the adoption of the amendment and Senator McCONNELL argued contra.

Senator DRUMMOND asked unanimous consent to make a motion that the amendment be carried over.

Senator PASSAILAIGUE objected.

Senator McCONNELL continued arguing contra to the adoption of the amendment.

On motion of Senator McCONNELL, with unanimous consent, Amendment No. 29 was carried over.

Senators LEATHERMAN and SALEEBY proposed the following Amendment No. 30 (3546R011.HKL), which was adopted:

Amend the amendment, dated May 17, 1993, as and if amended, by moving the Division of Aeronautics from the Department of Transportation to the Department of Commerce and Economic Development.

Renumber remaining sections to conform.

Amend title to conform.

Senator SALEEBY argued in favor of the adoption of the amendment and Senator PASSAILAIGUE argued contra.

The amendment was adopted.

Senators MOORE and O'DELL proposed the following Amendment No. 31 (JUD3546.031), which was adopted:

Amend the amendment, dated May 17, 1993, as and if amended, by exempting the Coastal Division of the Department of Wildlife, Marine and Natural Resources from the general appeal process set forth for the other divisions of the department.

Appeals from the laws and regulations governing the Coastal Division would be heard by the fourteen-member Coastal Zone Management Advisory Committee. The make-up of the Coastal Council in Section 48-39-40 would remain as follows: eight members, one from each coastal zone county, to be elected by a majority vote of the members of the House of Representatives and a majority vote of the Senate members representing the county from three nominees submitted by the governing body of each coastal zone county, each House or Senate member to have one vote; six members, one from each of the congressional districts of the State, to be elected by a majority vote of the members of the House of Representatives and the Senate representing the counties in that district, each House or Senate member to have one vote.

The Coastal Zone Management Advisory Committee would have the authority to appoint a hearing officer from an approved list of attorneys to hear contested cases. The hearing officer, based on his findings of fact and conclusions of law, would make a recommendation to the committee. The committee would have authority to accept, modify, or reject this recommendation.

The final committee decision would be required to be in the form of written findings of fact and conclusions of law. The findings of fact and conclusions of law must be approved by the commission after which they are signed by the chairman of the commission. The findings of fact and conclusions of law would be required to be served on each party to the appeal.

Renumber remaining sections to conform.

Amend title to conform.

Senator MOORE argued in favor of the adoption of the amendment.

Senator MOORE moved that the amendment be adopted.

The amendment was adopted.

On motion of Senator DRUMMOND, with unanimous consent, Amendment No. 29 (10595SD.93), which was proposed by Senators DRUMMOND, THOMAS, COURSON and J. VERNE SMITH and previously carried over, was withdrawn.

Senator DRUMMOND spoke on the Bill.

Senator DRUMMOND proposed the following Amendment No. 32 (DKA\4743SD.93), which was tabled:

Amend the Judiciary Committee amendment dated May 17, 1993, as and if amended, by providing that the State Law Enforcement Division, the South Carolina Highway Patrol, the Law Enforcement Departments of the Alcoholic Beverage Control Commission and the Public Service Commission, the South Carolina Criminal Justice Academy, and the South Carolina Law Enforcement Officers Hall of Fame shall be a part of the South Carolina Law Enforcement Department hereby established which shall be headed by a chief to be appointed by the Governor, upon the advice and consent of the Senate, for a term of five years and until his successor is appointed and qualifies. The chief may be removed by the Governor with or without cause.

Renumber sections to conform.

Amend totals and title to conform.

Senator DRUMMOND argued in favor of the adoption of the amendment.

Senator PASSAILAIGUE and Senator McCONNELL argued contra to the adoption of the amendment.

Senator McCONNELL moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Bryan Courtney Elliott
Ford Glover Holland
Jackson Land Macaulay
Matthews McConnell Mescher
Mitchell Moore Passailaigue
Patterson Rankin Reese
Saleeby Short Smith, G.
Stilwell Washington Williams

Cork Drummond Giese
Gregory Lander Leatherman
Martin McGill O'Dell
Peeler Richter Russell
Ryberg Setzler Thomas
Waldrep Wilson

The amendment was laid on the table.

The Committee on Judiciary proposed an amendment (l:\LPITR\SREST\TI-T64) which was adopted as follows:

Amend the bill, as and if amended, by striking all after the enacting words and inserting the following:

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

"Section 1-3-210. Any vacancies which may happen in any of the following offices during the recess of the Senate may be filled by the Governor, who shall report the appointment to the Senate at its next session:

(1) County auditors;

(2) County treasurers;

(3) Magistrates;

(4) Masters;

(5) Five regents of the State Hospital;

(6) Circuit solicitors;

(7) The State Tax Commission; and The members of the Department of Taxation and Revenue Commission;

(8) The members of the State Development Board Secretary of the Department of Commerce and Economic Development.

If the Senate does not advise and consent thereto at such next session, the office shall be vacant."

SECTION 2. Section 1-3-240 of the 1976 Code is amended to read:

"Section 1-3-240. (A) Any officer, county or State of the county or State, except (1) an officer whose removal is provided for in Section 3 of Article XV of the State Constitution and, or (2) an officer guilty of the offense named in Section 22 8 of Article IV 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, or persistent neglect of duty in office, or who persists in holding an office to which he has been appointed or elected the duties of which he has not the capacity properly to discharge incapacity shall be subject to removal by the Governor of the State 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) Labor Commission."

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

"Section 1-3-250. Any such An officer, other than a state officer appointed by the Governor pursuant to subsection (B) of Section 1-3-240, either with or without the advice and consent of the Senate, 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 such 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 such 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 such 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 such the appeal, or in such shorter time as may be practical, hear and determine such 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. Such The hearing may be had and judgment may be rendered in open court, or at chambers within or without the circuit."

SECTION 4. Section 1-11-20 of the 1976 Code is amended to read:

"Section 1-11-20. The functions of the State Budget and Control Board shall be performed, exercised and discharged under the supervision and direction of the Board through three four divisions,: the Finance Division (embracing the work of the State Auditor, the former State Budget Commission, the former State Finance Committee and the former Board of Claims for the State of South Carolina),; the Purchasing and Property Division (embracing the work of the former Commissioners of the Sinking Fund, the former Board of Phosphate Commissioners, the State Electrician and Engineer, the former Commission on State House and State House Grounds, the central purchasing functions, the former Surplus Procurement Division of the State Research, Planning and Development Board and the Property Custodian); and the Division of Personnel Administration (embracing the work of the former retirement board known as the South Carolina Retirement System and the administration of all laws relating to personnel),; and the Second Injury Fund Division (Section 42-7-310), each division to consist of a director and such clerical, stenographic and technical employees as may be necessary, to be employed by the respective directors with the approval of the Board. The State Auditor shall be the director of the Finance Division, ex officio, and the directors of the other divisions shall be employed by the State Budget and Control Board for such time and compensation, not greater than the term and compensation for the State Auditor, as shall be fixed by the Board in its judgment."

SECTION 5. Section 1-19-60 of the 1976 Code is amended to read:

"Section 1-19-60. The State Reorganization Commission shall be composed of nineteen members, who shall serve for terms of two years, of whom one shall be the chairman of the ways and means committee of the House of Representatives, one shall be the chairman of the judiciary committee of the House of Representatives, five shall be members of the House of Representatives elected by the House of Representatives, one shall be the chairman of the finance committee of the Senate, one shall be the chairman of the judiciary committee of the Senate, five shall be members of the Senate elected by the Senate and five shall be appointed by the Governor, one of whom may be a member of the State Development Board the Secretary of the Department of Commerce and Economic Development or some other a member of a State state board, who shall serve ex officio. In the case of a vacancy in the membership of the Commission it shall be filled in the manner of the original election or appointment."

SECTION 6. Section 1-20-50 of the 1976 Code, as last amended by Act No. 611 of 1990, is further amended to read:

"Section 1-20-50. The programs, functions, and regulations promulgated by the following state agencies must be terminated as provided in this chapter pursuant to the following schedule: (A) June 30, 1990, is the termination date for: (1) Board of Funeral Services (2) State Board of Examiners for Registered Environmental Sanitarians [Not reauthorized] (3) State Board of Social Work Examiners (4) State Cemetery Board [Not reauthorized] (5) Board for Barrier-Free Design (6) Board of Landscape Architectural Examiners (7) Board of Architectural Examiners (8) Athletic Trainers' Advisory Committee (B) June 30, 1991, is the termination date for: (1) Commissioners of Pilotage for the Port of Charleston (2) Polygraph Examiners (3) Private Detective and Private Security Agencies (4) Board of Registration for Foresters (5) South Carolina Coordinating Council for Economic Development [Abolished by creation of an Advisory Coordinating Council for Economic Development of the Department of Commerce and Economic Development] (6) State Board of Examiners for Professional Counselors, Associate Counselors, and Marital and Family Therapists (7) The South Carolina Auctioneer's Commission (8) The Commission of Hearing Aid Dealers and Fitters (C) June 30, 1992, is the termination date for: (1) Insurance Commission (2) Board of Barber Examiners (3) Board of Cosmetology (4) Board of Accountancy (5) Board of Examiners for Nursing Home Administrators (6) Respiratory Care Committee (7) Certification of Operators of Sources of Ionizing Radiation (Radiological Technicians) [Not reauthorized] (8) Board of Registration for Geologists (D) June 30, 1993, is the termination date for: (1) Board of Pharmacy (2) Board of Medical Examiners (3) Board of Veterinary Medical Examiners (4) Board of Nursing (5) Board of Chiropractic Examiners (E) June 30, 1994, is the termination date for: (1) Board of Podiatry Examiners (2) Board of Examiners in Optometry (3) Board of Examiners in Opticianry (4) Board of Physical Therapy Examiners (5) Board of Examiners in Psychology (6) Board of Examiners in Speech Pathology and Audiology (7) Board of Occupational Therapy (8) Board of Dentistry (F) June 30, 1995, is the termination date for: (1) Manufactured Housing Board (2) Real Estate Commission (3) Residential Home Builders Commission (4) Licensing Board for Contractors (5) Board of Registration for Professional Engineers and Land Surveyors (6) Board of Certification of Environmental Systems Operators (7) Public Service Commission."

SECTION 7. Title 1 of the 1976 Code of Laws is amended by adding Chapter 29 to read:

The General Assembly finds that to expand and establish a clear executive control over the day to day administration of government carries the necessary corollary to establish singular and complete legislative control of state policy and the power of the purse.

To that end the General Assembly seeks to establish new governance structures for executive branch agencies which will establish direct gubernatorial administrative management and the power to remove and replace agency administrators. The Executive agency managers will be given full and necessary flexibility to expend authorize funding in the most efficient yet innovative manner available under the limits of statutory policy.

It is also the intent of the General Assembly that this transition include reasonable and corresponding changes in the legislative role. The General Assembly must abandon the minute detail of its current appropriation process and instead authorize appropriations in no more than two or three broad, master categories, relying on the Comptroller General to require and maintain appropriate levels of auditable records. The General Assembly must concentrate on the review, consideration and establishment of clear statutory policy and vigorous and thorough post-expenditure program review.

In the furtherance of the intended goal, the Senate Finance Committee and the Ways and Means Committee of the House of Representatives are directed to jointly review the appropriate state and federal statutes, regulations and other applicable provisions governing budgeting, appropriations, grants and all other aspects of the current process is involving state finances as comprehended in Title 11 of the 1976 Code of Laws. The Committees are further directed to report to the General Assembly recommendations for such changes required to establish a process which places the necessary responsibility and authority for specific actions in the legislative and executive branch in accordance with the principles hereinabove set forth."

SECTION 8. The 1976 Code is amended by adding:

"Section 1-30-105. 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) Guardian Ad Litem Program, provided for at Section 20-7-121, et seq.; and

(2) State Office of Victim's Assistance, provided for at Section 16-3-1110, et seq."

SECTION 9. Sections 1-11-220, 1-11-230, 1-11-240, 1-11-250, 1-11-260, 1-11-270, 1-11-280, 1-11-290, 1-11-300, 1-11-310, 1-11-315, 1-11-320, 1-11-330, 1-11-340, are repealed.

SECTION 10. Section 2-1-180 of the 1976 Code is amended to read:

"Section 2-1-180. (A) The regular annual session of the General Assembly shall adjourn sine die each year not later than 5:00 p.m. on the first Thursday in June and shall remain adjourned until the call of the chair. In any a year that the House of Representatives fails to give third reading to the annual General Appropriation Bill general appropriations bill by March thirty-first, the date of sine die adjournment is extended by one statewide day for each statewide day after March thirty-first that the House of Representatives fails to give the bill third reading. The session may also may be extended by concurrent resolution adopted by a two-thirds vote of both the Senate and House of Representatives. During the time between 5:00 p.m. on the first Thursday in June and the extended sine die adjournment date, as set forth herein in this subsection, no legislation or other business may be considered except the General Appropriation Bill general appropriations bill and any matters approved for consideration by a concurrent resolution adopted by two-thirds vote in both houses.

(B) The regular annual session of the General Assembly shall adjourn sine die each year not later than 5:00 p.m. on the first Thursday in November. The session may be extended by concurrent resolution adopted by a two-thirds vote of both the Senate and House of Representatives. During the time between the adjournment date provided for in subsection (A) and the sine die adjournment date, if the Board of Economic Advisors' revenue forecast to the State Budget and Control Board projects that revenues at the end of the fiscal year will be less than appropriated expenditures for that year, the General Assembly must be called back into regular session by the President of the Senate and the Speaker of the House of Representatives to consider only:

(1) bills amending the general appropriation act;

(2) gubernatorial vetoes;

(3) receipt and confirmation of appointments;

(4) consideration of conference and free conference reports;

(5) ratification of acts;

(6) the concurrence or nonconcurrence on any legislative matters received from the other House;

(7) local matters;

(8) resolutions affecting sine die adjournment."

SECTION 11. 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."

SECTION 12. 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, Chairman of the Tax Commission, Executive Director of the Department of Highways and Public Transportation, State Health Officer, Director of the Wildlife and Freshwater Fish Division of Game of the South Carolina Wildlife and Marine Resources Department of Wildlife, Marine and Natural Resources, Chairman of the Public Service Commission, Commissioner of Agriculture, Chief Insurance Commissioner, 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."

SECTION 13. 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; Aeronautics Commission, one; Alcohol and Drug Abuse Commission, one; Alcoholic Beverage Control Commission, 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; Development Board Department of Commerce and Economic Development, two five; Employment Security Commission, two; Ethics Commission, one; Forestry Commission, one; Department of Health and Environmental Control, five; Highway Department Department of Public Transportation, five; Department of Public Safety, five; Human Affairs Commission, one; Industrial Commission Workers'Compensation Commission, seven; Department of Insurance, two; Department of Juvenile Placement and Aftercare, one; Labor Department, two; South Carolina Law Enforcement Division, four; Legislative Audit Council, one; State Library, three; Department of Mental Health, three; Department of Mental Retardation, five; Ports Authority, one; Probation, Parole and Pardon Board, two; Public Service Commission, three; Reorganization Commission, one; Department of Social Services, two; Tax Commission, five Department of Revenue and Taxation, six; Board for Technical and Comprehensive Education, one; Department of Veterans' Affairs, one; Department of Vocational Rehabilitation, one; Water Resources Commission, one; Wildlife and Marine Resources Department, two Department of Wildlife, Marine and 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."

SECTION 14. 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, S.C. Wildlife and Marine Resources South Carolina Department of Wildlife, Marine and Natural Resources, S.C. Sea Grant Consortium, and S.C. Coastal Council.

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."

SECTION 15. Section 2-47-25 of the 1976 Code is amended by adding a paragraph at the end to read:

"The Chairman of the Senate Transportation Committee and the Chairman of the House Education and Public Works Committee, or their designee, shall also serve on the committee and serve such terms as the members of the committee provided for in Section 2-47-20."

SECTION 16. 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."

SECTION 17. Section 2-63-10 of the 1976 Code is amended to read:

"Section 2-63-10. (1) There is hereby created a six-member committee to review the intrabudgetary transfers of funds of the Department of Highways and Public Transportation and Department of Public Safety. Three members of the committee shall be members of the Senate Transportation Committee appointed by the chairman of that committee and three members shall be members of the House Education and Public Works Committee appointed by the chairman of that committee. Terms of the members shall be coterminous with their terms as Senators and members of the House of Representatives.

(2) Based on its review of intrabudgetary transfers of funds, the committee provided for in subsection (1) shall annually report to the General Assembly its recommendations as to needed legislation relating to such fund transfers. The first annual report of the committee shall be furnished to the General Assembly no later than April first of each year 1, 1982. The Highways and Public Transportation Commission and Public Safety Commission shall assist and cooperate with the committee in the conduct of its fund transfer reviews."

SECTION 18. 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 chairman of the State Development Board Secretary of the Department of Commerce and Economic Development 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."

SECTION 19. 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 State Development Board Department of Commerce and Economic Development, which shall also provide staff support and assistance to the committee."

SECTION 20. Section 3-3-210 of the 1976 Code is amended to read:

"Section 3-3-210. Subject to the rights of the South Carolina Wildlife and Marine Resources Commission Department of Wildlife, Marine and 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 Wildlife and Marine Resources Commission Department of Wildlife, Marine and 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."

SECTION 21. 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 Wildlife and Marine Resources Commission Department of Wildlife, Marine and Natural Resources to any person for the cultivation and gathering of oysters, the South Carolina Wildlife and Marine Resources Commission department 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 South Carolina Coastal Council department may reimburse the person for any direct actual losses resulting from the transfer of leased oyster beds. If for any reason the South Carolina Wildlife and Marine Resources Commission department is unable to reach an agreement with the owner of the leased oyster beds, the South Carolina Coastal Council department, acting for the State, may condemn the rights and property of the lessees in the leased areas."

SECTION 22. 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 Wildlife and Marine Resources Commission Department of Wildlife, Marine and 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."

SECTION 23. 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 and the State Highway Department Department of Transportation 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."

SECTION 24. 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 and the State Highway Department Department of Transportation 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."

SECTION 25. 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 State Highway Department, 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 Highway Department Department of Transportation may be given by the Chief Highway Commissioner 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."

SECTION 26. Section 5-7-110 of the 1976 Code is amended to read:

"Section 5-7-110. Any municipality may appoint or elect as many police officers, regular or special, as may be necessary for the proper law enforcement in such municipality and fix their salaries and prescribe their duties.

Police officers shall be vested with all the powers and duties conferred by law upon constables, in addition to the special duties imposed upon them by the municipality.

Any such police officers shall exercise their powers on all private and public property within the corporate limits of the municipality and on all property owned or controlled by the municipality wheresoever situated; provided, that the municipality may contract with any public utility, agency or with any private business to provide police protection beyond the corporate limits. Should the municipality provide police protection beyond its corporate limits by contract, the legal description of the area to be served shall be filed with the State Law Enforcement Division, the office of the county sheriff and the State Highway Department Department of Public Safety."

SECTION 27. Section 5-27-510 of the 1976 Code is amended to read:

"Section 5-27-510. A municipality may construct or authorize the construction of any building which encroaches upon or projects over a public sidewalk. Any encroachment on a street which is included in the State highway system shall be subject to the approval of the South Carolina State Highway Department Department of Transportation."

SECTION 28. Section 6-7-710 of the 1976 Code is amended to read:

"Section 6-7-710. For the purposes of guiding development in accordance with existing and future needs and in order to protect, promote, and improve the public health, safety, morals, convenience, order, appearance, prosperity, and general welfare, the governing authorities of municipalities and counties may, in accordance with the conditions and procedures specified in this chapter, regulate the location, height, bulk, number of stories, and size of buildings and other structures, the percentage of lot which may be occupied, the sizes of yards, courts, and other open spaces, the density and distribution of populations, and the uses of buildings, structures, and land for trade, industry, residence, recreation, agriculture, forestry, conservation, airports and approaches to them, water supply, sanitation, protection against floods, public activities, and other purposes. The regulations must be made in accordance with the comprehensive plan for the jurisdiction as described in this chapter and must be designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers, to promote the public health and the general welfare, to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to protect scenic areas; to include provisions for landscaping and protection and regulation of trees in consideration of their value from an environmental, agricultural, aesthetic, scenic, or preservation standpoint, however, this authority does not include the regulation of commercial timber operations, nor shall this authority restrict the ability of public utilities and electric suppliers from maintaining safe clearance around utility lines; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. The South Carolina Forestry Commission Forestry Division of the Department of Wildlife, Marine and Natural Resources, through its urban forestry assistance program, may provide recommendations and assistance to municipalities and counties for evaluation, care, and preservation of trees covered by regulations under this chapter as part of the comprehensive plan for the jurisdiction. These regulations must be made with reasonable consideration, among other things, of the character of each area and its peculiar suitability for particular uses, and with a view to promoting desirable living conditions and the sustained stability of neighborhoods, protecting property against blight and depreciation, securing economy in governmental expenditures, conserving the value of land and buildings, and encouraging the most appropriate use of land and buildings and structures."

SECTION 29. Section 6-11-105 of the 1976 Code is amended to read:

"Section 6-11-105. The governing body of a county by ordinance may place an emergency ban on the burning of trash or debris within a special purpose district or public service district in the county providing fire protection services for a specified period of time if circumstances require, except that no ban may be placed on burning conducted for agricultural, forestry, and wildlife purposes as authorized by the South Carolina Forestry Commission Forestry Division of the Department of Wildlife, Marine and Natural Resources.

A person violating such an ordinance is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than two hundred dollars or by imprisonment for a term not exceeding thirty days."

SECTION 30. Section 6-11-1430 of the 1976 Code is amended to read:

"Section 6-11-1430. The Fire Authority having jurisdiction may, within the means of its resources, evacuate or cause to be evacuated all persons within and adjacent to burning structures, open fires, dangerous gas leaks, flammable liquid spills, and transportation incidents.

The following are exempt from the provisions of this article (1) Industrial processing and manufacturing plants which have a State Labor Department (OSHA) or Department of Health and Environmental Control approved emergency evacuation plans; (2) Hospitals and similar type health care facilities which conduct surgery or administer care through the use of life support systems and which have approved emergency evacuation plans by the authority having jurisdiction; (3) The Forestry Commission Division of the Department of Wildlife, Marine and Natural Resources in the carrying out of its forest fire protection duties and responsibilities as provided in Sections 48-23-90, 48-33-30, 48-33-40, and 48-33-70. The Fire Authority having jurisdiction does not have the power and authority to declare a state of emergency and order and compel an evacuation of the scope and magnitude that would be necessary during an actual or threatened enemy attack, sabotage, flood, storm, epidemic, earthquake, riot, or other public calamity."

SECTION 31. Section 7-13-710 of the 1976 Code is amended to read:

"Section 7-13-710. When any person presents himself to vote, he shall produce his valid South Carolina driver's license or other form of identification containing a photograph issued by the South Carolina Department of Highways and Public Transportation (SCDHPT) Public Safety, if he is not licensed to drive, or the written notification of registration provided for by Sections 7-5-125 and 7-5-180 if the notification has been signed by the elector. If the elector loses or defaces his registration notification, he may obtain a duplicate notification from his county board of registration upon request in person, or by telephone or mail. After presentation of the required identification, his name must be checked by one of the managers on the margin of the page opposite his name upon the registration books, or copy of the books, furnished by the board of registration. The managers shall keep a poll list which must contain one column headed `Names of Voters'. Before any ballot is delivered to a voter, the voter shall sign his name on the poll list, which must be furnished to the appropriate election officials by the State Election Commission. At the top of each page the voter's oath appropriate to the election must be printed. The signing of the poll list or the marking of the poll list is considered to be an affirmation of the oath by the voter. One of the managers shall compare the signature on the poll list with the signature on the voter's driver's license, registration notification, or other identification and may require further identification of the voter and proof of his right to vote under this title as he considers necessary. If the voter is unable to write or if the voter is prevented from signing by physical handicap, he may sign his name to the poll list by mark with the assistance of one of the managers."

SECTION 32. Section 8-1-80 of the 1976 Code is amended to read:

"Section 8-1-80. Any public officer whose authority is limited to a single election or judicial district who shall be is guilty of any official misconduct, habitual negligence, habitual drunkenness, corruption, fraud, or oppression shall be liable to indictment and, upon conviction thereof, shall be fined not exceeding more than one thousand dollars and imprisoned not exceeding more than one year.

The presiding judge before whom any public officer convicted under this section is tried shall order a certified copy of the indictment to be immediately transmitted to the Governor who must, upon receipt of the indictment, by proclamation declare the office to be vacant. The office must be filled as in the case of the death or resignation of the officer."

SECTION 33. Section 8-1-100 of the 1976 Code is amended to read:

"Section 8-1-100. Except as provided in Section 8-1-110, Any State any state or county officer who is indicted in any court for any crime may, in the discretion of the Governor, be suspended by the Governor, who in event of suspension shall appoint another in his stead until he shall be acquitted. In case of conviction, the office shall be declared vacant by the Governor and the vacancy filled as provided by law."

SECTION 34. Item 9 of Section 8-17-370 of the 1976 Code is amended to read:

"9. Employees of the Public Service Authority, State Ports Authority, or the Public Railways Commission Division of Public Railways;"

SECTION 35. Section 8-11-10 of the 1976 Code is amended to read:

"Section 8-11-10. The departments of the State government except where seven day per week services are maintained, shall remain open from nine A. M. until five P. M. from Monday through Friday, both inclusive, except on holidays fixed by law. On Saturdays such departments may close at one P. M. Skeleton forces may be maintained on Saturday and so staggered that each employee shall work not less than one Saturday out of each month; provided, that the offices of the State Highway Department Department of Public Safety shall remain open from eight-thirty A. M. until five P. M. from Monday through Friday, both inclusive, except on holidays fixed by law and these offices need not be kept open on Saturdays, except as may be necessary to carry on essential work."

SECTION 36. Section 8-1-90 of the 1976 Code is repealed.

SECTION 37. Section 9-1-60 of the 1976 Code is amended to read:

"Section 9-1-60. (A) The System may develop and implement a program for the administration of a flexible benefits or `cafeteria' plan as defined by Section 125 of the Internal Revenue Code of 1986 for all employees covered by the health and dental insurance plan administered by the System. The plan may not decrease contributions paid to or benefits paid by the System. The South Carolina Department of Highways and Public Transportation is herewith authorized to continue its independent cafeteria or flexible benefits pilot plan and to modify and implement the plan to accomplish maximum available benefits under Internal Revenue Section 125.

(B) Political subdivisions may develop and implement a program for the administration of a flexible benefits or `cafeteria' plan as defined by Section 125 of the Internal Revenue Code of 1986 for their employees. The plan may not decrease contributions paid to or benefits paid by the System."

SECTION 38. Section 9-1-1535 of the 1976 Code is amended to read:

"Section 9-1-1535. Conservation officers of the Law Enforcement section of the South Carolina Wildlife and Marine Resources Department Enforcement officers of the Natural Resources Enforcement Division of the South Carolina Department of Wildlife, Marine and Natural Resources shall be retired no later than the end of the fiscal year in which they reach their sixty-fifth birthday."

SECTION 39. Section 9-11-180 of the 1976 Code is amended to read:

"Section 9-11-180. The State Highway Department Department of Public Safety is hereby authorized to pay into the Police Officers' Retirement System fund prior to July 1, 1967, on behalf of active highway patrol member employees, an amount equal to the sum such members would be required to contribute to the fund for creditable prior service pursuant to Section 9-11-170. The amounts paid into the fund shall be used for the payment of retirement benefits under the Police Officers' Retirement System or shall be refunded to the Highway Department Department of Public Safety. None of the moneys paid into the fund pursuant to this section shall be disbursed in any other manner to patrol member employees upon termination of employment with the Department nor shall any such funds be paid to a patrol member employee's surviving beneficiary as a residual credit to any patrol member employee's account which may have existed upon his death. Provided, however, that the interest accruing after July 1, 1967 on the amount paid into the fund may be credited to the patrol member employee's account just as if he had made the contribution for creditable prior service for his account. Any time that the Police Officers' Retirement System closes the account of an active patrol member employee because of death or termination of employment with the Department the System shall refund to the Department the amount that it has paid into the fund on behalf of patrol member employees for creditable prior service under the Supplemental Allowance Program of the System."

SECTION 40. Section 10-7-10 of the 1976 Code is amended to read:

"Section 10-7-10. All insurance on public buildings and on the contents thereof of the State and of all institutions supported in whole or in part by the State shall be carried by the State Budget and Control Board. Any building or buildings, and the contents thereof, owned by the State Highway Department Department of Public Safety may be insured by the State Budget and Control Board, with the consent or approval of such Board, or the State Highway Department Department of Transportation shall have the alternative of assuming its own risks."

SECTION 41. Section 10-11-50 of the 1976 Code is amended to read:

"Section 10-11-50. It shall be unlawful for anyone to park any vehicle on any of the property described in Section 10-11-40 and subsection (2) of Section 10-11-80 except in the spaces and manner now marked and designated or that may hereafter be marked and designated by the State Budget and Control Board, in cooperation with the Highway Department Department of Transportation, or to block or impede traffic through the alleys and driveways."

SECTION 42. Section 10-11-80 of the 1976 Code is amended to read:

"Section 10-11-80. (1) Parking lots which are situated on the property of the State shall be reserved for the employees of the State. The parking lots referred to by this section shall be policed by the State Highway Department Department of Public Safety and no person not authorized by this section shall be allowed to occupy such parking lots. Parking lots referred to in this section are confined to those located in the city of Columbia.

(2) The parking lot located on the corner of Main and Senate Streets shall be reserved exclusively for members of the General Assembly, the clerks, chaplains, sergeants at arms, reading clerks of both houses and the Code Commissioner during such time as the legislature is in session, after which it shall be reserved as other State parking lots. The use of this lot by unauthorized persons shall constitute a misdemeanor, punishable as provided for in Section 10-11-120."

SECTION 43. Article 9, Chapter 9 of Title 11 of the 1976 Code, as last amended by Act No. 501, Part II of 1992, is further amended to read:

Section 11-9-810. The General Assembly finds and declares that the present system of advising the Budget and Control Board and General Assembly on economic trends has, at times, developed in a fragmented manner, and that a unified system of dealing with the collection, analysis, interpretation, and presentation of matters relative to the economy is urgently needed for the orderly development of projections and forecasts as relates to revenues and expenditures for a specified period of time. It is the purpose of this provision to establish an organizational and procedural framework governing formulation, evaluation, and continuing review of all state revenues and expenditures for all state programs; and to establish general policy governing the administration of the Office of The Board of Economic Advisors.

Section 11-9-820. There is created the Board of Economic Advisors as follows:

(1) One member, appointed by the Governor who possesses specific working knowledge and experience in economics, revenue forecasting, and the state budget process. This person shall serve as chairman.

(2) Chairman of the Tax Commission, who shall serve ex-officio as a nonvoting member.

(3) One member appointed by the Chairman of the House Ways and Means Committee who possesses specific working knowledge and experience in economics, revenue forecasting, and the state budget process.

(4) One member appointed by the Chairman of the Senate Finance Committee who possesses specific working knowledge and experience in economics, revenue forecasting, and the state budget process.

The Chairman of the Board of Economic Advisors shall report directly to the Budget and Control Board to establish policy governing economic trends. The staff of the Board of Economic Advisors are administratively assigned to the Office of the Executive Director of the State Budget and Control Board. The staff shall advise the Board of Economic Advisors but shall report administratively to the Executive Director of the Budget and Control Board. The Chief Economist of the Board of Economic Advisors must be appointed annually by the Executive Director of the Budget and Control Board in consultation with the Chairman of the Board of Economic Advisors.

Section 11-9-825. The staff of the Board of Economic Advisors must be supplemented by the following officials who each shall designate one professional from their individual staffs to assist the BEA staff on a regular basis: the Governor, the Chairman of the House Ways and Means Committee, the Chairman of the Senate Finance Committee, the State Tax Commission Chairman, and the Director of the Budget Division of the Budget and Control Board. The BEA staff shall meet monthly with these designees in order to solicit their input.

Section 11-9-830. In order to provide a more effective system of providing advice to the Budget and Control Board and the General Assembly on economic trends, the Board of Economic Advisors Department of Revenue and Taxation shall:

(1) compile and maintain in a unified, concise, and orderly form information about total revenues and expenditures which involve the funding of state government operations, revenues received by the state which comprise general revenue sources of all receipts to include amounts borrowed, federal grants, earnings, and the various activities accounted for in other funds;

(2) continuously review and evaluate total revenues and expenditures to determine the extent to which they meet fiscal plan forecasts/projections;

(3) evaluate federal revenues in terms of impact on state programs;

(4) compile economic, social, and demographic data for use in the publishing of economic scenarios for incorporation into the development of the state budget;

(5) bring to the attention of the Governor the effectiveness, or lack thereof, of the economic trends and the impact on statewide policies and priorities;

(6) establish liaison with the Congressional Budget Office and the Office of Management and Budget at the national level.

Section 11-9-840. In the organizational and procedural framework governing the formulation, evaluation, and continuing review of revenues and expenditures, any appropriate governmental entity identifying or requesting a change in the official revenue and expenditure forecast or projection, for a specified period of time, shall first notify the office of the commission Chairman chairman of the Board of Economic Advisors who must bring it to the attention of the Governor before any independent adjustment in the appropriations or requests of the revenue or expenditures for a particular year. The Ways and Means Committee in the House of Representatives and the Senate Finance Committee must be the first to be notified subsequent to notifying the Governor and must be informed simultaneously. The Board of Economic Advisors shall meet on a quarterly basis and at the call of the Governor, the General Assembly, the Chairman of the Board, or at the request of any member of the Board who believes a meeting is necessary due to existing financial circumstances. The Board of Economic Advisors is the official voice of the State in economic matters and shall speak as one voice through the guidance and direction of the chairman. Individual members shall not speak or report individually on findings and status of economic developments.

Section 11-9-850. Information contained in any economic report, scenario, forecast, or projection relating to the State Treasurer's office must be verified by the State Treasurer prior to announcement.

Section 11-9-860. Expenditure schedules used in conjunction with any economic announcements must be verified by the Comptroller General prior to publication.

Section 11-9-870. The Executive Director of the Budget and Control Board shall insure an orderly transfer of funds between offices to provide for the execution of this section.

Section 11-9-880. (A) The Board of Economic Advisors Department of Revenue and Taxation shall make an initial forecast of economic conditions in the State and state revenues for the next fiscal year no later than November tenth of each year. Adjustments to the forecast must be considered on December tenth and January tenth. A final forecast for the next fiscal year must be made on February fifteenth. The February fifteenth forecast may be adjusted monthly if the board department determines that changing economic conditions have affected the February fifteenth forecast. Before making or adjusting any forecast, the board Department of Revenue and Taxation must consult with outside economic experts with respect to national and South Carolina economic business conditions. All forecasts and adjusted forecasts must contain:

(1) a brief description of the econometric model and all assumptions and basic decisions underlying the forecasts;

(2) a projection of state revenues on a quarterly basis;

(3) separate discussions of any industry which employs more than twenty percent of the state's total nonagricultural employment and separate projections for these industries.

(B) In addition to fulfilling its economic and revenue forecasting responsibilities for future fiscal years, the board Department of Revenue and Taxation at each session shall monitor and review the flow of revenue for the current fiscal year in comparison to current year revenue estimates. If actual revenue collections represent an overall shortfall for any quarter of over one and one-half percent of projected revenue collections for that quarter, a synopsis must be prepared which shall include a detailed analysis of the factors contributing to the shortfall, the impact of the shortfall for the present fiscal year, a projection of whether the shortfall will be compensated for in the remaining quarters of the present fiscal year, and the impact of the shortfall on revenue estimates for the ensuing fiscal year. In addition, a similar detailed synopsis must be provided if a shortfall of one and one-half percent or more is experienced in any of the following individual revenue categories: sales and use taxes, individual income taxes, corporate income taxes, taxes on insurance premiums including workers' compensation insurance, and earnings on investments.

(C) All forecasts, adjusted forecasts, and reports of the Board of Economic Advisors Department of Revenue and Taxation, including the synopsis of the current year's review as required by subsection (B), must be published and reported to the Governor, the members of the Budget and Control Board, the members of the General Assembly, and made available to the news media.

Section 11-9-890. A. Beginning August 15, 1986, the Board of Economic Advisors Department of Revenue and Taxation shall delineate the official fiscal year 1986-87 revenue estimates by quarters. In all subsequent revenue estimates made under the provisions of Section 11-9-880, the Board of Economic Advisors Department of Revenue and Taxation shall incorporate quarterly revenue estimates within the annual revenue estimate.

B. If at the end of the first or second quarter of any fiscal year quarterly revenue collections are four percent or more below the amount projected for that quarter by the Board of Economic Advisors Department of Revenue and Taxation, the Budget and Control Board, within fifteen days of that determination, shall take action to avoid a year-end deficit."

SECTION 44. Section 11-11-320 of the 1976 Code is amended to read:

"Section 11-11-320. (A) The General Assembly, in the annual general appropriations act, shall appropriate, out of the estimated revenue of the general fund for the fiscal year for which the appropriations are made, into a Capital Reserve Fund, which is separate and distinct from the General Reserve Fund, an amount equal to two percent of the general fund revenue of the latest completed fiscal year.

(B) This appropriation must be contained in the Ways and Means Committee report on the general appropriations bill, the general appropriations bill at the time of third reading in the House of Representatives, the Senate Finance Committee report on the general appropriations bill, the general appropriations bill at the time of a third reading in the Senate, and in any conference report on the general appropriations bill.

(C) Revenues in the Capital Reserve Fund only may be used in the following manner: (1) If, before March first, the Board of Economic Advisors' the Department of Revenue and Taxation's commissioners' revenue forecast to the State Budget and Control Board for the current fiscal year projects that revenues at the end of the fiscal year will be less than expenditures authorized by appropriations for that year, then the current year's appropriation to the Capital Reserve Fund first must be reduced by the Board Department to the extent necessary before mandating any reductions in operating appropriations. (2) After March first of a fiscal year, monies from the Capital Reserve Fund may be appropriated by the General Assembly in separate legislation upon an affirmative vote in each branch of the General Assembly by two-thirds of the members present and voting but not less than three-fifths of the total membership in each branch for the following purposes:

(a) to finance in cash previously authorized capital improvement bond projects;

(b) to retire interest or principal on bonds previously issued;

(c) for capital improvements or other nonrecurring purposes.

(D)(1) Any appropriation of monies from the Capital Reserve Fund as provided in subsection (C) of this section must be ranked in priority of expenditure and is effective thirty days after completion of the fiscal year. If it is determined that the fiscal year has ended with an operating deficit, then the monies appropriated from the Capital Reserve Fund must be reduced by the State Budget and Control Board based on the rank of priority, beginning with the lowest priority, to the extent necessary and applied by the Board to the year-end operating deficit before withdrawing monies from the General Reserve Fund.

(2) At the end of the fiscal year, any monies in the Capital Reserve Fund that are not appropriated as provided in subsection (C) of this section or any appropriation for a particular project or item which has been reduced due to application of the monies to a year-end deficit must lapse and be credited to the General Fund."

SECTION 45. Item (a) of Section 11-17-10 of the 1976 Code is amended to read:

"(a) The term `bonds' shall mean general obligation bonds payable from ad valorem taxes, general obligation bonds additionally secured by any pledge of any assessments, or any pledge of revenues derived by the borrower from any revenue-producing facility, bonds payable solely from the revenues of any revenue-producing facility, and bonds payable solely from any assessments. The term `bonds' shall also include state highway bonds as defined pursuant to the provisions of item (10) of Section 57-11-210 of the 1976 Code, as amended."

SECTION 46. Section 11-35-710 of the 1976 Code is amended to read:

"Section 11-35-710. The board may upon the recommendation of the Division of General Services, exempt governmental bodies from purchasing certain items through the respective chief procurement officer's area of responsibility. The board may exempt specific supplies or services from the purchasing procedures herein required and for just cause may by unanimous written decision limit or withdraw any exemptions provided for in this section. The following exemptions are hereby granted in this chapter:

(a) The construction, maintenance and repair of bridges, highways and roads; vehicle and road equipment maintenance and repair; and any other emergency type parts or equipment utilized by the Department of Highways and Public Transportation;

(b) The purchase of raw materials by the South Carolina Department of Corrections, Division of Prison Industries;

(c) S. C. State Ports Authority;

(d) S. C. Public Railways Commission; Division of Public Railways of the Department of Transportation;

(e) S. C. Public Service Authority;

(f) Expenditure of funds at state institutions of higher learning derived wholly from athletic or other student contests, from the activities of student organizations and from the operation of canteens and bookstores, except as such funds are used for the procurement of construction, architect-engineer, construction-management and land surveying services;

(g) Livestock, feed and veterinary supplies;

(h) Articles for commercial sale by all governmental bodies;

(i) Fresh fruits, vegetables, meats, fish, milk and eggs;

(j) South Carolina Arts Commission and South Carolina Museum Commission for the purchase of one-of-a-kind items such as paintings, antiques, sculpture and similar objects. Before any governmental body procures any such objects, the head of the purchasing agency shall prepare a written determination specifying the need for such objects and the benefits to the State. The South Carolina Arts Commission shall review such determination and forward a recommendation to the board for approval;

(k) Published books, periodicals and technical pamphlets.

(l) South Carolina Research Authority. Division of Research of the Department of Commerce and Economic Development."

SECTION 47. Section 11-35-1520(12) of the 1976 Code is amended to read:

"(12) Provisions not to Apply. The provisions of this section shall not apply to maintenance services for aircraft of the S. C. Aeronautics Commission Aeronautics Division."

SECTION 48. Section 12-1-10 of the 1976 Code is amended to read:

"Section 12-1-10. As used in this Title title:
the word (1) `Commission' means the South Carolina Tax Commission governing body of the South Carolina Department of Revenue and Taxation.

(2) `Department' means the South Carolina Department of Revenue and Taxation."

SECTION 49. Section 12-1-50 of the 1976 Code is amended to read:

"Section 12-1-50. The Commission may promulgate rules and regulations permitting bottlers of soft drinks, wholesale dealers in tobacco products and wholesale dealers in beers, ales, porter and all other similar malt or fermented beverages declared to be nonalcoholic and nonintoxicating to store such articles as are intended to be sold and shipped to points without the State in separate compartments of their places of business without affixing the revenue stamps or crowns required by law. Any bottler of soft drinks, wholesale dealer in tobacco products or wholesale dealer in beers, ales, porter and all other similar malt or fermented beverages declared to be nonalcoholic and nonintoxicating violating the rules and regulations of the Commission department permitting the storage of these articles without affixing the required stamps or crowns shall be liable for the penalties prescribed in Chapter 21 of this Title title."

SECTION 50. Section 12-1-80 of the 1976 Code is amended to read:

"Section 12-1-80. If the Tax Commission department discovers from the examination of the return or otherwise that the annual license fees of the taxpayer or any portion thereof has not been assessed, it may at any time within three years after the time when the return was filed or due to be filed, whichever is later, assess such license fee and give notice to the taxpayer of such assessment. The taxpayer shall have an opportunity within thirty days to confer with the Commission department as to the proposed assessment. The limitation of three years to the assessment of the license fee or additional license fee shall not apply in the case of fraud with intent to evade this chapter or rules and regulations promulgated under this chapter or in the case of failure to make a return. After the expiration of thirty days from such notification, the Commission department shall assess the license fee of the taxpayer or any portion thereof which it believes has not heretofore been assessed and shall give notice to the taxpayer of the amount of the license fee and interest and penalties, if any, and such amount shall be due and payable within ten days from the date of the notice."

SECTION 51. Section 12-1-130 of the 1976 Code is amended to read:

"Section 12-1-130. It shall not be necessary that any return or report made to the South Carolina Tax Commission Department of Revenue and Taxation pursuant to the provisions of Title 12 be executed before a notary public."

SECTION 52. Section 12-3-10 of the 1976 Code is amended to read:

"Section 12-3-10. In order to effectively carry into execution the equitable assessment of property for taxation, there is created a Department of Revenue and Taxation which shall be governed by a commission composed of three members, to be known as the South Carolina Tax Commission. The department shall administer and enforce the provisions of Titles 11, 12, 61, and other laws specifically assigned to it. When members are appointed to the newly-created South Carolina Alcoholic Beverage Control Commission from the membership of the Tax Commission, no successors shall be appointed for membership on the Tax Commission until membership on that Commission shall have been reduced below three."

SECTION 53. Section 12-3-20 of the 1976 Code is amended to read:

"Section 12-3-20. The members of the Commission shall be appointed by the Governor, with the advice and consent of the Senate. 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 the 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. The terms of office of members appointed subsequent to May 16, 1960 shall be such as to provide for staggered terms of six years each, with the term of one member normally expiring every two years. Any members so appointed shall remain in office until their successors shall have been appointed and shall qualify."

SECTION 54. Section 12-3-30 of the 1976 Code is amended to read:

"Section 12-3-30. The persons appointed as members of the Department's Commission commission shall be such as (a) are of sound moral character, (b) possess superior knowledge in the field of taxation and (c) possess proven administrative ability."

SECTION 55. Section 12-3-40 of the 1976 Code is amended to read:

"Section 12-3-40. Should a vacancy on the Commission occur when the General Assembly is not in session, it shall be filled by the Governor's appointment for the unexpired term, subject to confirmation by the Senate at the next session of the General Assembly. The commissioners, or any of them, may be removed by the Governor for cause shown, as provided in Section 1-3-240 with the advice and consent of the Senate. And if cause for such removal shall arise when the Senate is not in session, the Governor may suspend one or more of the commissioners and shall fill the vacancies thus created until the General Assembly shall next convene."

SECTION 56. Section 12-3-60 of the 1976 Code is amended to read:

"Section 12-3-60. The chairman of the Commission commission shall receive an annual salary payable in the same manner that salaries of other State state officers are paid. The other commissioners shall receive a per diem and their actual traveling and hotel expenses while engaged in the work of the Commission department."

SECTION 57. Item 17 of Section 12-3-140 of the 1976 Code is amended to read:

"(17) Shall assess and equalize taxable values upon the property and franchises of street railway companies, electric railways, water, heat, light and power companies and private car lines, and shall assess and equalize all real and tangible personal property of manufacturers, except as to inventory, only manufactured articles which have been offered for sale at retail or which have been available for sale at retail shall be included in the inventory listed in such return. The Commission commission shall also assess to the owner thereof all real or personal property leased to or used by a manufacturer. All such companies shall make returns to the Commission department on forms prescribed by the Commission commission. The owner of property leased to or used by a manufacturer shall make returns thereof to the Tax Commission department on forms prescribed by the Commission commission;"

SECTION 58. Section 12-3-240 of the 1976 Code is amended to read:

"Section 12-3-240. Notwithstanding any other provisions of law to the contrary, the Tax Commission Department of Revenue and Taxation shall make available to the authorities of any municipality in the State levying a tax based on gross receipts any records indicating the amount of such receipts reported to the Tax Commission department; provided that income tax records shall be made available not before July 1, 1967 and only in the event the Tax Commission department has first satisfied itself that the gross receipts reported to the municipality were less than such gross receipts as indicated by the records of the Tax Commission department."

SECTION 59. Section 12-3-250 of the 1976 Code is amended to read:

"Section 12-3-250. The South Carolina Tax Commission Department of Revenue and Taxation, upon the approval of the Budget and Control Board, may incur and pay the expense of obtaining expert witnesses or of other evidence for use by the South Carolina Tax Commission Department of Revenue and Taxation in any judicial proceeding in which it is a party, and the amount of such expense shall be paid by voucher of the State Treasurer that is drawn upon funds from the type of tax that is involved in the proceeding."

SECTION 60. Section 12-4-10 of the 1976 Code is amended to read:

"Section 12-4-10. The South Carolina Tax Commission Department of Revenue and Taxation is created to administer and enforce the revenue laws of this State and other laws specifically assigned to it."

SECTION 61. Section 12-4-335 of the 1976 Code is amended to read:

"Section 12-4-335. (A) For purposes of this section, the administrative tax process includes all matters connected with presentation to any state or local tax authority or any of their officials or employees relating to a client's rights, privileges, or liabilities under laws, regulations, or rules administered by state or local tax authorities. These presentations include the preparation and filing of necessary documents, correspondence with, and communications to state and local tax authorities, and the representation of a client at conferences, hearings, and meetings.

(B) State and local government tax officials and state and local government employees may represent their offices, agencies, or both, during the administrative tax process.

(C) Taxpayers may be represented during the administrative tax process by the same individuals allowed to represent them in administrative tax proceedings with the Internal Revenue Service pursuant to Sections 10.3(a), (b), and (c); Section 10.7(a)(1) through (4) and (7); and Section 10.7 (b) and (c) of United States Treasury Department Circular No. 230 as revised through March, 1986, unless they have been suspended or disbarred pursuant to subsection (D) of this section.

(D) The commission, after due notice and opportunity for hearing, may suspend or disbar from practice in the administrative tax appeals process, any person authorized by this section to represent any taxpayer shown to be incompetent, disreputable, or who fails or refuses to comply with subsection (E) of this section, or who, with intent to defraud, in any manner wilfully and knowingly deceives, misleads, or threatens any claimant or prospective claimant, by word, circular, letter, or by advertisement. For the purposes of this section, disreputable conduct is defined in Section 10.51 of United States Treasury Department Circular No. 230 as revised through March, 1986.

(E) Representatives of taxpayers must comply with the duties and restrictions contained in Section 10.20 through 10.24 and 10.27 through 10.33 of United States Treasury Department Circular No. 230 as revised through March, 1986.

(F) For the purposes of references in this section to United States Treasury Department Circular No. 230 as revised through March, 1986: (1) references to the United States or federal are deemed to include references to this State, any of its political subdivisions, or any two or more of them; (2) references to the Internal Revenue Service, the Department of Treasury, Examination Division, or District Director are deemed to include references to any state or local tax authority; (3) references to the Director of Practice means the members of the South Carolina Tax Commission Department of Revenue and Taxation."

SECTION 62. Section 12-4-350 of the 1976 Code is amended to read:

"Section 12-4-350. The commission may contract for computer and other electronic data processing services as it considers necessary. A person, firm, or governmental entity and their employees, under contract with the South Carolina Tax Commission Department of Revenue and Taxation, having access to information contained in or produced from a tax return, document, or magnetically or electronically stored data may not publish or disclose any part or parts of the data or information resulting from the data except to the commission, or as authorized by the commission, or as otherwise provided by law or by an order of a court of competent jurisdiction. This provision does not exempt the commission from the provisions of the South Carolina Consolidated Procurement Code."

SECTION 63. Section 12-4-370 of the 1976 Code is amended to read:

"Section 12-4-370. Funds received from the collection of warrants for distraint may not be expended to supplement appropriations to the Tax Commission Department of Revenue and Taxation. Any unexpended balance in the `Warrant Revolving Fund' less an amount necessary for adequate cash flow must be deposited to the credit of the general fund of the State."

SECTION 64. Section 12-7-330 of the 1976 Code is amended to read:

"Section 12-7-330. The following organizations shall be exempt from taxation under this chapter:

(1) Fraternal beneficiary societies, orders or associations (a) operating under the lodge system or for the exclusive benefit of the members of a fraternity itself operating under the lodge system and (b) providing for the payment of life, sick, accident or other benefits to the members of such society, order or association or their dependents;

(2) Building and loan associations and cooperative banks without capital stock, organized and operated for mutual purposes and without profits, and insurance companies;

(3) Cemetery corporations and corporations or trusts organized for religious, charitable, scientific or educational purposes or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private stockholder or individual;

(4) Business leagues, employees' credit unions, chambers of commerce, textile expositions or boards of trade, not organized for profit and no part of the net earnings of which inures to the benefit of any private stockholder or individual;

(5) Civic leagues or organizations not organized for profit, but operated exclusively for the promotion of social welfare;

(6) Farmers' or other mutual hail, cyclone or fire insurance companies, mutual ditch or irrigation companies, mutual or cooperative telephone companies or like organizations of a purely local character, the income of which consists solely of assessments, dues and fees collected from members for the sole purpose of meeting expenses;

(7) Farmers', fruit growers' or like organizations, organized and operated as sales agents for the purpose of marketing the products of members and turning back to them the proceeds of sales, less the necessary selling expenses, on the basis of the quantity of produce furnished by them;

(8) Labor, agricultural or horticultural organizations no part of the net earnings of which inures to the benefit of any private stockholder or member;

(9) Pension, profit-sharing, stock-bonus and annuity trusts, or combinations thereof, established by employers for the purpose of distributing both the principal and income thereof exclusively to eligible employees, or the beneficiaries of such employees, and so constituted that no part of the corpus or income may be used for, or diverted to any purpose other than for the exclusive benefit of the employees or their beneficiaries, if there is no discrimination as to eligibility requirements, contributions or benefits in favor of officers, shareholders, supervisors or highly paid employees. The interest of individual employees participating therein shall be irrevocable and nonforfeitable to the extent of any contributions made thereto by such employees. The Tax Commission Department of Revenue and Taxation shall be empowered to promulgate rules and regulations regarding the qualification of such trusts for exemption under this subsection. The exemption of any trust under the provisions of the Federal Income Tax Law shall be a prima facie basis for exemption of such trust under this paragraph; and

(10) Nonprofit corporations created for the purpose of providing water supply and sewage disposal or a combination of such services organized pursuant to Sections 25-41-10 to 25-41-170."

SECTION 65. Section 12-7-455 of the 1976 Code is amended to read:

"Section 12-7-455. (a) If a taxpayer was receiving an annuity prior to January 1, 1985, that is subject to tax pursuant to Internal Revenue Code Section 72, the annuitant shall continue to report income from the annuity in the manner provided in item (2) of Section 12-7-560 as in effect on December 31, 1984.

(b) If as of January 1, 1985, a taxpayer is for federal income tax purposes amortizing a capital expense paid or incurred prior to January 1, 1985, as provided in Internal Revenue Code Sections 169, 171, 174, 177, 184, 185, 188, 189, 194, 195, 248, or 709, the taxpayer is allowed to deduct for South Carolina income tax purposes the amount amortized and deducted for federal income tax purposes. At the expiration of the amortization for federal income tax purposes, the taxpayer may continue to amortize, for South Carolina income tax purposes, the balance of the capital expense using the same rate of amortization until the cost of the item has been fully amortized for South Carolina income tax purposes.

(c) If prior to January 1, 1985, a taxpayer has made an election pursuant to Internal Revenue Code Section 83(b), the election is not effective for South Carolina income tax purposes unless the taxpayer reported on his South Carolina income tax return for the year of the election, income in a manner consistent with the election. If a taxpayer has not so reported income, then he is taxed under the provisions of Internal Revenue Code Section 83 when income is otherwise realized and recognized as though no Section 83(b) election had been made.

(d) For purposes of the exemptions authorized by Internal Revenue Code Section 151, a taxpayer who utilizes the provisions of Internal Revenue Code Section 152(e)(2), must similarly attach to his South Carolina income tax return a copy of the written declaration of the custodial spouse releasing the exemption or exemptions.

(e) Except as provided in subsection (o) of this section, if, as of January 1, 1985, a taxpayer is deducting the cost of personal property placed in service prior to 1985, as provided in Internal Revenue Code Section 168, the taxpayer is allowed for South Carolina income tax purposes a similar annual deduction. At the expiration of the deductions for federal tax purposes the balance of the deductible cost may be deducted for South Carolina income tax purposes at the rate of fifty percent a year, until the entire deductible cost has been deducted for South Carolina income tax purposes. In no event may the deduction authorized by this subsection exceed the taxpayer's depreciable basis.

(f) Except as provided in subsection (o) of this section, if, as of January 1, 1985, a taxpayer is deducting the cost of improvements to real property paid or incurred prior to January 1, 1985, as provided in Internal Revenue Code Section 168, the taxpayer is allowed for South Carolina income tax purposes a similar annual deduction for the improvements. At the expiration of the deductions for federal tax purposes the balance of the deductible cost may be deducted for South Carolina income tax purposes at the rate of twenty percent a year, until the entire deductible cost of the improvements has been deducted for South Carolina income tax purposes. In no event may the deduction authorized by this section exceed the taxpayer's depreciable basis.

(g) If prior to January 1, 1985, a taxpayer has made an election pursuant to Internal Revenue Code Section 341(f), the election is effective for South Carolina income tax purposes as though the election were made in a year that South Carolina had a statute similar to Internal Revenue Code Section 341.

(h) If a taxpayer complies with the provisions of Internal Revenue Code Section 367 for federal income tax purposes, then it is not necessary for the taxpayer to seek the approval of the South Carolina Tax Commission Department of Revenue and Taxation, but it is considered to have received the approval of the Commission so long as approval is received from the Internal Revenue Service. A taxpayer utilizing the provisions of Internal Revenue Code Section 367 shall attach to its next annual income tax return a copy of the approval received from the Internal Revenue Service.

(i) The provisions of Internal Revenue Code Section 383 are applicable to all income tax credits available to a corporation for South Carolina income tax purposes.

(j) Any incentive stock option issued under Internal Revenue Code Section 422A is considered a qualified option or incentive stock option for South Carolina income tax purposes whether or not granted before or after January 1, 1985.

(k) Any taxpayer who is reporting income or deducting expenses over a time period as a result of a change of accounting method or accounting year, shall continue to report income or deduct expenses in the manner provided in the Internal Revenue Code and approved by the Internal Revenue Service. At the expiration of the authorized adjustment period, the balance of the income or expense must be reported or deducted in the same manner and amount for South Carolina income tax purposes until all of the income or expenses have been fully reported or deducted.

(l) Any election for federal income tax purposes automatically applies for South Carolina income tax purposes and a taxpayer may not elect differently for South Carolina income tax purposes.

(m) If a taxpayer is reporting income from the distribution from the liquidation of a corporation under Internal Revenue Code Section 337 using the installment method of reporting or from an installment sale under Internal Revenue Code Section 453, and the taxpayer has previously reported all the gain for South Carolina income tax purposes, then South Carolina taxable income must be reduced by the amount of the installment gain. If a taxpayer has elected installment sale reporting for South Carolina purposes and not federal purposes, the taxpayer shall continue to report gain in his South Carolina tax return in addition to income otherwise taxable.

(n) If prior to January 1, 1985, a taxpayer has maintained a vacation pay accrual account as permitted by Internal Revenue Code Section 463, the taxpayer shall use the provisions of subsection (w) of this section in order to establish the reserve for South Carolina income tax purposes. If the taxpayer does not elect to use the provisions of subsection (w), the taxpayer may establish a vacation pay accrual account for South Carolina income tax purposes and is allowed as additions to the reserve the amounts provided in Internal Revenue Code Section 463.

(o) If a taxpayer has a higher basis in assets as the result of a taxable corporate liquidation prior to January 1, 1985; or an exchange of property prior to January 1, 1985, that qualified under Internal Revenue Code Section 1031, but did not similarly qualify under Section 12-7-930, as in effect on December 31, 1984, as a result of the property received in the exchange not having a situs in South Carolina; or as a result of electing Internal Revenue Code Section 179 prior to January 1, 1985; the taxpayer may continue to depreciate the assets, to the extent depreciable, in the manner in which the assets were being depreciated prior to January 1, 1985.

(p) If a taxpayer is subject to the provisions of Internal Revenue Code Sections 483 or 1271 through 1288 as a result of a contract entered into prior to 1985, then no recomputation of principal and income is required.

(q) Any organization described in Internal Revenue Code Sections 501 through 528 and 1381 having taxable income shall compute its tax using the rates set forth in Section 12-7-230.

(r) For purposes of determining gain, the basis of an asset acquired prior to January 1, 1921, is its fair market value on that date and not cost, if fair market value was higher than cost.

(s) If a taxpayer has a capital loss carryover, as permitted by Internal Revenue Code Section 1212, from a tax year prior to January 1, 1985, the taxpayer is not allowed to deduct the capital loss carryover for South Carolina income tax purposes.

(t) If for South Carolina income tax purposes a taxpayer utilizes the provisions of Internal Revenue Code Section 1341 the phrase `taxes paid in this chapter' means taxes imposed by this Chapter.

(u) Except as hereinafter provided, all elections made under the provisions of Internal Revenue Code Sections 1361 through 1378 automatically apply for South Carolina purposes. If a taxpayer had a valid `S' election in effect for federal tax purposes prior to January 1, 1985, but has not elected that treatment for South Carolina income tax purposes, the taxpayer may at its option continue to be subject to the tax provided in Section 12-7-230 or it may affirmatively elect in the manner described in Internal Revenue Code Section 1362 to be exempt from the South Carolina tax. Once made, a South Carolina `S' election may not be revoked or terminated unless the `S' election is similarly revoked or terminated for federal income tax purposes. The approval of an `S' election by the Internal Revenue Service is approval for South Carolina income tax purposes as of the effective date of the federal election. Any termination or revocation of an `S' election for federal purposes automatically revokes or terminates the election for South Carolina income tax purposes as of the effective date of the federal revocation or termination. An `S' election can be made for South Carolina income tax purposes only if it is made for federal purposes or there is an existing `S' election for federal purposes. No termination occurs under Internal Revenue Code Section 1362(d)(3) for South Carolina income tax purposes unless a termination similarly occurs for federal tax purposes. If Internal Revenue Code Sections 1374 or 1375 imposes a federal income tax, a South Carolina tax computed using the rates set forth in Section 12-7-230 is imposed for South Carolina income tax purposes. If Internal Revenue Code Section 1374(c) is effective for federal tax purposes, then the exception provided in the section is similarly applicable whether or not an `S' corporation meets the requirements of Internal Revenue Code Section 1374(c) for South Carolina income tax purposes. The rules of Internal Revenue Code Section 1378 concerning tax year changes do not apply for South Carolina income tax purposes unless the section is similarly applicable for federal purposes (that is, a change in year is not mandated for South Carolina income tax purposes unless mandated for federal purposes also). A taxpayer shall give the Commission notice of its intent to be an `S' corporation by filing with the Commission a copy of the election it files with the Internal Revenue Service although, the failure to file the notice does not void the corporation's `S' election for South Carolina tax purposes.

(v) If a taxpayer disposes of an asset that has a different South Carolina basis and federal basis the taxpayer shall adjust South Carolina gain or loss to reflect the difference in basis.

(w) If any taxpayer has different South Carolina and federal amounts of an item of prepaid income or deferred expense or other similar balance sheet item as of January 1, 1985, the taxpayer is entitled, at his option, to make an application to the Commission for a change in accounting method and shall include in the change of accounting method all items in paragraph (1) of this subsection whether resulting in an increase or decrease in the transitional adjustment. (1) Items subject to adjustment are only those which:

(A) Have been treated differently in determining amounts subject to tax under South Carolina and federal income tax laws which were applicable in a period prior to January 1, 1985;

(B) Have been an element in determining South Carolina income subject to tax in periods with respect to which South Carolina income tax was paid;

(C) Except for the required change in reporting income, would have produced in a subsequent taxable period an adjustment to income subject to tax on account of the differences in federal and South Carolina tax reporting. (2) Items subject to adjustment may consist of deductions taken or not taken in prior years, or amounts of income required to be included or excluded in such years, but the items must be disregarded to the extent it can be shown that the prior treatment of the items had no actual effect on the amount of South Carolina income tax paid. In making the showing, no items other than the items subject to this transitional adjustment may be considered. (3) The net income reportable or net deduction allowable under this subsection must be reported or deducted in equal amounts of one-tenth each over the first ten taxable periods ending after the approval of a change of accounting method, except that if the net income or deduction is less than twenty-five thousand dollars (A) the income is reportable in full in the first taxable period ending after the approval of the change or (B) the income is deductible in the first taxable period after the approval of the change to the extent of the taxpayer's taxable income and to each taxable period thereafter to the extent not previously taken in the earliest successive taxable period.

(x) Any net operating loss carryforward under Section 12-7-705 as in effect on December 31, 1984, is allowed for South Carolina income tax purposes before any loss carryforwards pursuant to Internal Revenue Code Section 172 as modified by subparagraph 2 of item (d) of Section 12-7-430, but in no event is the same loss deductible more than once. Any net operating loss that has not expired prior to January 1, 1985, shall expire under the rules provided in Internal Revenue Code Section 172.

(y) If for a tax year prior to the January 1, 1985, a taxpayer has previously reported income on a South Carolina income tax return which was excluded from federal taxable income as a result of Internal Revenue Code Section 921 through 927 or Sections 970 through 997, the taxpayer may exclude from his South Carolina taxable income the previously reported income for the year in which the income is taxable for federal income tax purposes.

(z) Reserved.

(aa) If a taxpayer has a charitable deduction carryover, as permitted by Internal Revenue Code Section 170, from a tax year prior to January 1, 1985, the taxpayer is not allowed to deduct the charitable deduction carryover for South Carolina income tax purposes.

(bb)For any taxable year beginning after December 31, 1984, to the extent gross income, adjusted gross income, or taxable income of any taxpayer is affected by any provision of federal law enacted prior to January 1, 1985, which provision is not contained in the Internal Revenue Code, the provision is applicable in determining the South Carolina gross, adjusted gross, and taxable income of the taxpayer in the appropriate taxable year.

(cc) Any taxpayer required to change its accounting method or accounting year for federal tax purposes is required to change the method or year for South Carolina tax purposes and shall report income or deduct expenses in the manner provided in the Internal Revenue Code and approved by the Internal Revenue Service."

SECTION 66. Section 12-7-460 of the 1976 Code is amended to read:

"Section 12-7-460. (A) Long-term capital gains of individuals, partnerships (including S corporations), estates, and trusts which were recognized in 1987, pursuant to a written contract of sale executed between January 1, 1987, and June 22, 1987, must be determined in accordance with the provisions of Section 1202 of the Internal Revenue Code of 1954, as amended through December 31, 1985.

(B) One-half of the difference between the tax paid on the taxpayer's return attributable to this long-term capital gain and the tax attributable to this gain which would have been paid under the provisions of this section is refundable to the taxpayer when refunds are paid for the 1990 taxable year. The South Carolina Tax Commission Department of Revenue and Taxation may allow a portion or all of a refund due to be used as a credit against the taxpayer's liability for that year."

SECTION 67. Section 12-7-700 of the 1976 Code is amended to read:

"Section 12-7-700. In computing net income there shall be allowed as deductions:

(1) All the ordinary and necessary expenses paid or accrued (in case the books are kept on the accrual basis) during the income year in carrying on any trade or business, including:

(a) As to individuals, reasonable wages of employees for services actually rendered in producing such income;

(b) As to partnerships, reasonable wages of employees and a reasonable allowance for copartners or members of a firm, for services actually rendered in producing such income, the amount of any such salary allowance to be included in the personal return of the copartner receiving it; and

(c) As to corporations, wages of employees and salaries of officers, if reasonable in amount, for services actually rendered in producing such income.

(d) Management fees, if reasonable in amount and for services actually rendered in producing such income paid between affiliates, either parent, subsidiary or nonrelated corporations.

(2) Rentals or other payments required to be made as a condition to the continued use or possession, for the purpose of the trade, of property to which the taxpayer has not taken or is not taking title or in which he has no equity.

(3) All interest paid during the income year on indebtedness except interest on obligations contracted for the purchase of nontaxable securities or stock; but dividends on preferred stock shall not be deducted as interest.

(4) Taxes for the income year, except taxes on income, taxes with respect to income or taxes measured by income (other than taxes imposed by the United States on income of individuals to an amount not exceeding five hundred dollars), inheritance and gift taxes and taxes assessed for a local benefit of a kind tending to increase the value of the property assessed.

(5) All contributions made by corporations to or for the use of:

(a) The State or any political subdivision thereof, for exclusive public purposes;

(b) Any institution owned, operated, controlled or supported by the State or any of its political subdivisions;

(c) The American Red Cross, American Cancer Society, Arthritis Foundation, The National Cystic Fibrosis Research Foundation, The National Foundation March of Dimes, Association for Retarded Children, Easter Seal Society for Crippled Children and Adults, Heart Association-Heart Fund, Multiple Sclerosis Association, Muscular Dystrophy Association and Tuberculosis and Respiratory Disease Association; or

(d) Any charitable or eleemosynary corporation, trust, community chest or foundation organized and operated exclusively for doing religious, charitable, scientific, literary or educational work within South Carolina if no part of the earnings or income of the same inures to the benefit of any private shareholder or individual and if no part of the activities of the same consist of carrying on propaganda or otherwise attempting to influence legislation or are activities usually engaged in by chambers of commerce, boards of trade or the like;

(e) Any charitable or eleemosynary trust or foundation organized exclusively for religious, charitable, scientific, literary or educational purposes, no part of the earnings or net income of which inures to the benefit of any private shareholder or individual, and if no substantial part of the activities of the same consist of carrying on propaganda or otherwise attempting to influence legislation, provided that the deduction allowed a corporation for contributions to such trust or foundation shall not exceed an amount equal to the proportion of the amounts contributed by a corporation to such charitable or eleemosynary trust or foundation as the contributions of the trust or foundation to South Carolina charitable objects bear to the total contributions of the trust or foundation to such charitable objects wherever situate made within the year of the contribution and the two taxable years of the trust or foundation immediately preceding the year in which the contribution is made. Provided, however, that such deduction may be disallowed to the extent that such prorata amount shall exceed the amount such trust or foundation shall contribute for South Carolina purposes described in subitems (a), (b), (c), or (d) of item (5) within three years from the end of the taxable year in which deduction is claimed and which shall not have been attributed to any other gift.

But the total deduction to be allowed any corporation by reason of contributions to the foregoing in any one year shall not exceed five per cent of the corporation's net income, as computed without the benefit of the deductions allowed by this item (5); provided, that with respect to corporations transacting or conducting business partly within and partly without this State, when such corporations elect to allocate and apportion net income for income tax purposes in accordance with Article 9 of this chapter, the deductions allowed by this item (5), subitems (a), (b), (d), and (e) shall be allowed in full without allocation and apportionment as deductions from that portion of the entire net income taxable by this State but shall not exceed in any one year five per cent of that portion of the entire net income taxable by this State as computed without the benefit of the deductions allowed by this item (5).

In the case of a corporation reporting its net income on the accrual basis, at the election of the taxpayer any contribution or gift, payment of which is made after the close of the taxable year and on or before the fifteenth day of the third month following the close of such year shall, for the purposes of this subsection, be considered as paid during such taxable year if, during such year, the board of directors authorized such contribution or gift. Such election shall be made only at the time of the filing of the return for the taxable year, and shall be signified in such manner as the Tax Commission Department of Revenue and Taxation shall by rules and regulations prescribe.

(6) Casualty losses sustained during the income year on property used in trade or business having an actual situs in this State or on property not connected with trade or business if arising from fire, storms, shipwrecks or other casualties, or theft and if not compensated for by insurance or otherwise; provided, however, the condition that the property used in the trade or business has a situs in South Carolina shall not be required for purposes of the deduction when the property is used by taxpayers in the conduct of a unitary business partly within and partly without South Carolina. For the purpose of this item the basis for determining the amount of the deduction for any loss shall be the adjusted basis as provided in Article 7 of this chapter for determining the loss from the sale or other disposition of property.

(7) Debts ascertained to be worthless and actually charged off the books of the taxpayer within the income year or, in lieu of such deduction, a reasonable addition to a reserve for bad debts. A taxpayer may elect either method in its return for its first fiscal year ending after December 31, 1959, and such method must be followed in all subsequent years, except that upon application by the taxpayer the Commission may grant permission to change methods.

(8) A reasonable allowance for the depreciation and obsolescence of property used in the trade or business or held for investment and, in the case of mines and other natural deposits, a reasonable allowance for depletion, the basis for computing such allowances to be the same as the basis upon acquisition for determining gain or loss plus the cost of any additions and improvements since acquisition, including, in the case of mines and other natural deposits, the cost of development not otherwise deducted, less retirements or recoveries of cost, and in the cases of leases the depletion allowance to be equitably apportioned between the lessor and the lessee. Provided, that notwithstanding any other provisions of this section, the amount allowed as a deduction for depletion in the case of mines, oil and gas wells and other natural deposits located in the State of South Carolina shall be the same depletion as now allowed under Federal Internal Revenue Code, Sections 611, 612 and 613 and applicable regulations.

Provided, further, that notwithstanding any other provisions of this section, the amount allowed as a deduction for depreciation and obsolescence shall be the same depreciation as now allowed under Federal Internal Revenue Code, Sections 167 and 179 and applicable regulations. Provided, further, that this item (8) shall not be affected by amendments to the Federal Internal Revenue Code which may be enacted for taxable years beginning after December 31, 1970.

(9) A reasonable allowance for depletion of timber, the basis for such allowance to be in the case of timber acquired before January 1, 1921 the fair market price or value thereof as of that date and in all other cases the cost thereof.

(10) Contributions or gifts made by individuals within the taxable year to or for the use of corporations or associations operated exclusively for religious, charitable, scientific or educational purposes or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private stockholder or individual, to an amount not in excess of twenty percent of the taxpayer's adjusted gross income; provided, that contributions or gifts made to or for the use of churches, conventions or associations of churches, educational institutions, hospitals or medical research organizations situate in this State no part of the net earnings of which inure to the benefit of any private stockholder or individual shall entitle the person making the gift or contribution to an additional deduction in an amount not in excess of ten percent of the taxpayer's adjusted gross income.

(11) All expenses paid during the taxable year, not compensated for by insurance or otherwise, for medical care of the taxpayer, his spouse, and any dependent of the taxpayer as defined by Section 12-7-310 to the extent that such expenses exceed five percent of the adjusted gross income. The term `medical care', as used in this item, shall include amounts paid for the diagnosis, cure, mitigation, treatment or prevention of diseases or for the purpose of affecting any structure or function of the body, including amounts paid for accident or health insurance.

(12) With respect only to taxpayers who have established a new business or industry in this State during the calendar year 1955 and thereafter, in addition to other deductions allowed by this chapter, there shall be allowed as a deduction from gross income a net operating loss carryover under the following rules:

(a) The net operating loss as herein defined for any year ending on or after December 31, 1955 may be carried forward to the next succeeding taxable year and annually thereafter for a total period of three years next succeeding the year of such operating loss, or until such net operating loss has been exhausted or absorbed by the taxable income of a succeeding year. The net operating loss deduction herein allowed shall be allowable only for the first three years of the operation of such new business or industry in this State.

(b) As used herein the term `taxable income' or `net income' shall be deemed to be the net income computed without the deduction of income taxes, personal exemption, and credit for dependents. The net income of the taxable period to which the net operating loss deduction as adjusted is carried shall be the net income before the deduction of income taxes, personal exemption, and credit for dependents, and such income taxes, exemption, and credits shall not be used to increase the net operating loss which may be carried to any other taxable period.

(c) As used in this item (12) the term `net operating loss' is hereby defined as the excess of allowable deductions over gross income for the taxable year arising from the operation of such new business or industry. In the case of a taxpayer other than a corporation, deductions, including personal exemptions and credit for dependents and income taxes, not attributable to the operation of a trade or business shall be eliminated from the deductions otherwise allowable for the taxable year to the extent that they exceed gross income not derived from such trade or business.

(d) Notwithstanding any other provision of law, if the Tax Commission Department of Revenue and Taxation discovers from the examination of the return or otherwise that the income of any taxpayer or any portion thereof has not been assessed with respect to any return in which a net operating loss is sustained or is claimed as a deduction, in whole or in part, it may at any time within five years from the date of the return which finally absorbs the net operating loss deduction is filed, assess such income and give notice to the taxpayer of such assessment and the taxpayer shall thereupon have an opportunity within thirty days to confer with the Commission as to the proposed assessment. After the expiration of thirty days from such notification the Commission shall assess the income of such taxpayer or any portion thereof which it believes has not theretofore been assessed and shall give notice to the taxpayer so assessed of the amount of the tax and interest and penalty, if any, and the amount thereof shall be due and payable within ten days from the date of such notice. The provisions of this chapter with respect to revision and appeal shall apply to a tax so assessed. The limitation herein provided for shall not apply to the assessment of additional taxes upon fraudulent returns, nor shall it apply to the assessment of taxes with respect to returns not filed in accordance with requirements of law.

(e) The benefits of this item (12) shall be available to taxpayers establishing or completing additional industries or businesses within this State with respect to each additional distinctly separate new business or industry, established or completed within this State during the calendar year 1960 and thereafter, whether or not the taxpayer involved has elected under Sections 12-7-1110 to 12-7-1200 to allocate and apportion for income tax purposes, income from sources partly within and partly without this State; provided, that the taxpayer so situate shall make an election in writing to the Commission in the first income tax return filed after the establishment or completion of the new facility, to report on a separate accounting basis the net income or net loss of such additional distinctly separate new businesses or industries; provided, further, that separate accounting for such additional facility shall not be available after the net operating losses provided for by this item (12) have been absorbed and applied.

(13) Reasonable contributions by an employer to a pension, profit-sharing, stock-bonus, or annuity trust or combinations thereof which has been determined to be exempt under the provisions of Section 12-7-330(9).

(14) Contributions or gifts made by individuals within the taxable year to the State or any political subdivision thereof for public purposes and not in excess of thirty percent of a taxpayer's adjusted gross income.

(15) All dividends received by a corporation on and after January 1, 1970, from any other corporation if the receiving corporation owns directly at least eighty percent of the voting power of all classes of stock and at least eighty percent of each class of nonvoting stock of the corporation which pays such dividends.

Provided, however, that any taxpayer filing a consolidated return under the provisions of Section 12-7-1570 and in filing such return eliminates dividends from income as intercompany transactions shall not be entitled to the deduction provided for herein.

Provided, further, however, that a corporation not having its principal place of business in this State which files a tax return and apportions income under the provisions of Section 12-7-1120 through Section 12-7-1200 and thereby directly allocates dividend income to any other State in accordance with Section 12-7-1120, shall not be entitled to the deduction provided for herein.

(16) The entire amount of the cost of renovation to an existing building or facility owned by a taxpayer in order to permit physically handicapped persons to enter and leave such building or facility or to have effective use of the accommodations and facilities therein. The deduction shall be taken in the year the renovation is completed, and shall be made in lieu of any depreciation or amortization of the cost of such renovation. `Building or facility' shall mean only a building or facility, or such part thereof as is intended to be used, and is actually used, by the general public. If such building or facility is owned by more than one owner, the cost of renovation shall be apportioned among or between the owners as their interests may appear. The minimum renovation required in order to entitle a taxpayer to claim the deduction herein provided shall include one or more of the following: the provision of ground level or ramped entrances, free movement between public use areas, and washroom and toilet facilities accessible to and usable by physically handicapped persons.

(17) Employment-related expenses for the care of the following individuals who are members of the taxpayer's household:

(A) A dependent of the taxpayer who is under the age of fifteen with respect to whom the taxpayer is entitled an exemption

(B) A dependent of the taxpayer who is physically or mentally incapable of caring for himself, or

(C) The spouse of the taxpayer, if he is physically or mentally incapable of caring for himself.

Provided, that the maximum deduction does not exceed four hundred dollars in any one month, and that such employment-related expenses are incurred to enable the taxpayer to be gainfully employed. Such expenses shall be allowed only if they are incurred for the care of a qualifying individual described in item (A) and only to the extent such expenses incurred during any month do not exceed two hundred dollars for one such individual, three hundred dollars for two such individuals and four hundred dollars for three or more such individuals. Provided further, that no deduction shall be allowed for any amount paid to a dependent of the taxpayer's household or to an individual bearing a relationship to the taxpayer as described below:

(a) A son or daughter or a descendant of either

(b) A stepson or stepdaughter

(c) A brother, sister, stepbrother or stepsister

(d) The father or mother or an ancestor of either

(e) A stepfather or stepmother

(f) A son or daughter of a brother or sister

(g) A brother or sister of the father or mother

(h) A son-in-law, daughter-in-law, father-in-law, mother-in-law, brother-in-law, or sister-in-law.

The amount of such employment-related expenses shall be reduced if such individual as described in item (B), by the amount by which such individual's adjusted gross income and disability payments during the tax year exceed seven hundred fifty dollars, or in the case of an individual described in item (C) by the amount of disability payments received during the tax year.

Employment-related expenses incurred during any month shall be further reduced by that portion of one half of the excess of adjusted gross income of the taxpayer over eighteen thousand dollars which is properly allocated to such month.

Provided, further, that this deduction shall be allowed for married couples, only if both spouses are gainfully employed on a substantially full-time basis, or the spouse is a qualifying individual described in item (C). However, in the case of a married individual, filing a separate return, who lives apart from his spouse, this deduction shall be allowed if such taxpayer maintains as his home a household which constitutes for more than one half of the taxable year the principal place of abode of a qualifying individual, with respect to whom such individual is entitled to an exemption for the taxable year.

(18) Contributions by self-employed persons or partnerships on behalf of a partner to a self-employed retirement fund (Keogh Plans) to the extent such contributions are permitted under the Federal Internal Revenue Code."

SECTION 68. Section 12-7-720 of the 1976 Code is amended to read:

"Section 12-7-720. (1) The deduction provided for in Section 12-7-710 shall be allowed only if the taxpayer elects in his original return to use this deduction in lieu of all other deductions and so signifies on his return. The option exercised by the taxpayer in the original return shall be irrevocable for the period covered by the return.

(2) Notwithstanding the provisions of subsection (1) of this section, a change of election with respect to the standard deduction for all taxable years beginning after December 31, 1974, may be made by the taxpayer after the filing of the return for such year at anytime within the period of the statute of limitations. The South Carolina Tax Commission Department of Revenue and Taxation shall promulgate such rules and regulations as are necessary to effectuate this subsection."

SECTION 69. Section 12-7-770 of the 1976 Code is amended to read:

"Section 12-7-770. Amounts allowable under Section 12-15-60 as a deduction in computing the taxable estate of a decedent shall not be allowed as a deduction in computing the taxable income of the estate, unless there is filed, within the time and in the manner and form prescribed by the Tax Commission Department of Revenue and Taxation, a statement that the amounts have not been allowed as deductions under Section 12-15-60 and a waiver of the right to have such amounts allowed at any time as deductions under Section 12-15-60. This section shall apply only to items that are deductible for both estate tax and income tax purposes under the Code provisions."

SECTION 70. Section 12-7-775 of the 1976 Code is amended to read:

"Section 12-7-775. The Department of Highways and Public Transportation is authorized to develop and implement a plan for the administration of a `Cafeteria Plan', as defined by Section 125 of the Internal Revenue Code of 1954, for its employees. The South Carolina Retirement System is mandated to cooperate with the department in the implementation of the `Cafeteria Plan'.

SECTION 71. Section 12-7-980 of the 1976 Code is amended to read:

"Section 12-7-980. If property (as a result of its destruction in whole or in part, theft, seizure, or requisition or condemnation or threat or imminence thereof) is compulsorily or involuntarily converted:

(1) Into property similar or related in service or use to the property so converted, no gain shall be recognized.

(2) Into money or into property not similar or related in service or use to the converted property, the gain (if any) shall be recognized except to the extent hereinafter provided in this item:

(a) If the taxpayer during the period specified in subitem (b) for the purpose of replacing the property so converted, purchases other property similar or related in service or use to the property so converted, at the election of the taxpayer the gain shall be recognized only to the extent that the amount realized upon such conversion (regardless of whether such amount is received in one or more taxable years) exceeds the cost of such other property for the purpose of this item and the taxpayer shall be considered to have purchased property only if, but for the provisions of Section 12-7-990, the basis for determining gain or loss upon sale of such property would be its cost within the meaning of this article.

(b) The period referred to in subitem (a) shall be the period beginning with the date of the disposition of the converted property, or the earliest date of the threat or imminence or requisition or condemnation of the converted property, whichever is the earlier, and ending two years after the close of the first taxable year in which any part of the gain upon the conversion is realized, and

(c) If a taxpayer has made the election provided in subitem (a) then

(i) The statutory period for the assessment of any deficiency, for any taxable year in which any part of the gain on such conversion is realized, attributable to such gain shall not expire prior to the expiration of five years from the date the Tax Commission Department of Revenue and Taxation is notified by the taxpayer of the replacement of the converted property or of an intention not to replace, and

(ii) Such deficiency may be assessed before the expiration of such five-year period notwithstanding the provisions of law which would otherwise prevent such assessment.

(d) If the election provided in subitem (a) is made by the taxpayer and such other property was purchased before the beginning of the last taxable year in which any part of the gain upon such conversion is realized, any deficiency, to the extent resulting from such election, for any taxable year ending before such last taxable year may be assessed (notwithstanding the provisions of law which would otherwise prevent such assessment) at any time before the expiration of the period within which a deficiency for such last taxable year may be assessed.

For purposes of this section, if real property (not including stock in trade or other property held primarily for sale) held for productive use in trade or business or for investment is (as a result of its seizure, requisition, or condemnation, or threat or imminence thereof) compulsorily or involuntarily converted, property of a like kind to be held either for productive use in trade or business or for investment shall be treated as property similar or related in service or use to the property so converted."

SECTION 72. Section 12-7-1220 of the 1976 Code is amended to read:

"Section 12-7-1220. (A) Annually by December thirty-first, using the most current data available from the South Carolina Employment Security Commission and the United States Department of Commerce, the Tax Commission Department of Revenue and Taxation shall rank and designate the state's counties as provided in this section. The sixteen counties in this State having a combination of the highest unemployment rate and lowest per capita income for the most recent thirty-six month period with equal weight being given to each category are designated less developed counties. The fifteen counties in the State with a combination of the next highest unemployment rate and next lowest per capita income for the most recent thirty-six month period with equal weight being given to each category are designated moderately developed counties. The fifteen counties in the State with a combination of the lowest unemployment rate and the highest per capita income for the most recent thirty-six month period with equal weight being given to each category are designated developed counties. Corporations which create new full-time jobs qualify for the appropriate tax credit as provided in subsections (B), (C), and (D). The designation by the commission is effective for corporate tax years which begin after the date of designation. For corporations which plan a significant expansion in their labor forces at a South Carolina location, the appropriate commission shall prescribe certification procedures to insure that the corporations can claim credits in future years without regard to whether or not a particular county is removed from the list of less developed or moderately developed counties.

(B) Corporations operating manufacturing, tourism, processing, warehousing, distribution, research and development, and corporate office facilities in counties designated by the commission as less developed are allowed a job tax credit for taxes imposed by Section 12-7-230 and for insurance premium taxes imposed pursuant to Chapter 7, Title 38 equal to one thousand dollars annually for each new full-time employee job for five years beginning with years two through six after the creation of the job. The number of new full-time jobs must be determined by comparing the monthly average number of full-time employees subject to South Carolina income tax withholding in the applicable county for the taxable year with the corresponding period of the prior taxable year. Only those corporations that increase employment by ten or more in a less developed county are eligible for the credit. Credit is not allowed during the five years if the net employment increase falls below ten. The appropriate commission shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of ten.

(C) Corporations operating manufacturing, tourism, processing, warehousing, distribution, research and development, and corporate office facilities in counties that have been designated by the commission as moderately developed are allowed a job tax credit for taxes imposed by Section 12-7-230 and for insurance premium taxes imposed pursuant to Chapter 7, Title 38 equal to six hundred dollars annually for each new full-time employee job for five years beginning with years two through six after the creation of the job. The number of new full-time jobs must be determined by comparing the monthly average number of full-time employees in the applicable county subject to South Carolina income tax withholding for the taxable year with the corresponding period of the prior taxable year. Only those corporations that increase employment by eighteen or more in a county that has been designated moderately developed are eligible for the credit. The credit is not allowed during the five years if the net employment increase falls below eighteen. The appropriate commission shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of eighteen.

(D) Corporations operating manufacturing, tourism, processing, warehousing, distribution, research and development, and corporate office facilities in counties designated by the commission as developed are allowed a job tax credit for taxes imposed by Section 12-7-230 and for insurance premium taxes imposed pursuant to Chapter 7, Title 38 equal to three hundred dollars annually for each new full-time employee job for five years beginning with years two through six after the creation of the job. The number of new full-time jobs must be determined by comparing the monthly average number of full-time employees in the applicable county subject to South Carolina income tax withholding for the taxable year with the corresponding period of the prior taxable year. Only those corporations that increase employment by fifty or more in a county that has been designated developed are eligible for the credit. The credit is not allowed during the five years if the net employment increase falls below fifty. The appropriate commission shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of fifty.

(E) Tax credits for five years for the taxes imposed by Section 12-7-230 and for insurance premium taxes imposed pursuant to Chapter 7, Title 38 must be awarded for additional new full-time jobs created by corporations qualified under subsections (B), (C), (D), and (I). Additional new full-time jobs must be determined by subtracting highest total employment of the corporation during years two through six, or whatever portion of year two through six completed, from the total increased employment. The appropriate commission shall adjust the credit allowed for employment fluctuations during the additional five years of credit.

(F) The sale, merger, acquisition, or bankruptcy of a corporation may not create new eligibility in a succeeding corporation, but unused job tax credits may be transferred and continued by a transferee of the corporation. The appropriate commission shall determine whether or not qualifying net increases or decreases have occurred and may require reports, promulgate regulations, and hold hearings needed for substantiation and qualification.

(G) A credit claimed under this section but not used in a taxable year may be carried forward for ten years from the close of the tax year in which the credit is earned by the corporation. However, the credit established by this section taken in one tax year must be limited to an amount not greater than fifty percent of the taxpayer's state corporate income tax or premium tax liability which is attributable to income or premiums derived from operations in the State for that year.

(H) For the purpose of this section:

(1) `New job' means a job created by an employer in South Carolina at the time a new facility or an expansion initially is staffed but does not include a job created when an employee is shifted from an existing South Carolina location to a new or expanded facility. The term `new job' also includes existing jobs at a facility of an employer which are reinstated after the employer has rebuilt the facility due to its destruction by accidental fire, natural disaster, or act of God. Destruction for purposes of this provision means that more than fifty percent of the facility was destroyed. The year of reinstatement is considered to be the year of creation of the job. All such jobs so reinstated qualify for the credit under this section, and no comparison is required to be made between the number of full-time jobs of the employer in the taxable year and the number of full-time jobs of the employer with the corresponding period of the prior taxable year.

(2) `Full-time' means a job requiring a minimum of thirty-five hours of an employee's time a week for the entire normal year of company operations or a job requiring a minimum of thirty-five hours of an employee's time for a week for a year in which the employee was hired initially for or transferred to the South Carolina facility.

(3) `Corporation' means a business entity which is subject to South Carolina taxes as contained in Section 12-7-230 and Chapter 7, Title 38.

(4) `Manufacturing facility' means an establishment where tangible personal property is produced or assembled.

(5) `Processing facility' means an establishment engaged in services such as manufacturing-related, computer-related, communications-related, energy-related, or transportation-related services. It does not include an establishment where retail merchandise or retail services are sold directly to retail customers. `Processing facility' also includes a business entity engaged in processing agricultural, aquacultural, or maricultural products.

(6) `Warehousing facility' means an establishment where tangible personal property is stored. It does not include an establishment which operates as a location where retail sales of tangible personal property are made to retail customers.

(7) `Distribution facility' means an establishment where shipments of tangible personal property are processed for delivery to customers. It does not include an establishment which operates as a location where retail sales of tangible personal property are made directly to retail customers. For the purpose of this definition, a `distribution facility' includes establishments which process customer sales orders by mail, telephone, or electronic means, if the establishment also processes shipments of tangible personal property to customers and if at least seventy-five percent of the dollar amount of goods sold through the facility are sold to customers outside South Carolina.

(8) `Research and development facility' means an establishment engaged in laboratory, scientific, or experimental testing and development related to new products, new uses for existing products, or improving existing products. It does not include an establishment engaged in efficiency surveys, management studies, consumer surveys, economic surveys, advertising, promotion, or research in connection with literary, historical, or similar projects.

(9) `Corporate office facility' means the location where corporate managerial, professional, technical, and administrative personnel are domiciled and employed, and where corporate financial, personnel, legal, technical, support services, and other business functions are handled. Support services include, but are not limited to, claims processing, data entry, word processing, sales order processing, and telemarketing. A `corporate office facility' does not include establishments engaged in the direct sale of retail merchandise or retail services to retail customers. For the purpose of this definition, `sales order processing' facilities include establishments which process customer sales orders by mail, telephone, or electronic means, if the establishments also process shipments of tangible personal property to customers and if at least seventy-five percent of the dollar amount of goods sold through the facility are sold to customers outside South Carolina.

(10) `Retail sales' and `tangible personal property' have meanings contained in Chapter 36, Title 12.

(11) `Tourism facility' means an establishment used for a theme park, an amusement park, an historical, an educational, or a trade museum, a botanical garden, a cultural center, a theater, a motion picture production studio, a convention center, an arena, an auditorium, or a spectator or participatory sports and similar establishments where entertainment, education, or recreation is provided to the general public. Tourism facility also includes new hotel and motel construction, except that to qualify for the credits allowed by this section and regardless of the county in which the facility is located, the number of new jobs that must be created by the new hotel or motel is twenty or more. It does not include that portion of an establishment where retail merchandise or retail services are sold directly to retail customers.

(I) Permanent business enterprises engaged in manufacturing, tourism, processing, warehousing, wholesaling, research and development, and service-related industries in a business or industrial park jointly established and developed by a group of counties pursuant to Section 13, Article VIII of the Constitution of this State are allowed an additional job tax credit for taxes imposed by Section 12-7-230, in addition to those job tax credits already authorized by this section, equal to five hundred dollars annually for each new full-time employee job for five years beginning with years two through six after the creation of the job. The number of new full-time jobs must be determined by comparing the monthly average number of full-time employees subject to South Carolina income tax withholding for the taxable year with the corresponding period of the prior taxable year. The limitations and conditions contained in subsections (E), (F), and (G) also apply to the additional job tax credit authorized by this subsection. Notwithstanding which of the participating counties where the permanent business is located, for purposes of the regular job tax credits authorized by subsections (B), (C), and (D), the participating county which would qualify for the greatest dollar amount of job tax credit is the county the permanent business enterprise is deemed to be located in regardless of whether or not it actually is located in another participating county."

SECTION 73. Section 12-7-1225 of the 1976 Code is amended to read:

"Section 12-7-1225. A taxpayer may claim as a credit twenty-five percent of all expenditures, to a maximum of two thousand five hundred dollars made in each tax year, for the construction and installation or restoration of ponds, lakes, and other water impoundments, and water control structures designed for the purposes of water storage for irrigation, water supply, sediment control, erosion control or aquaculture and wildlife management. This tax credit does not apply to any pond, lake, or other water impoundment or water control structure located in or adjacent to and filled primarily by coastal waters of the State. To qualify for this credit the taxpayer must obtain a construction permit issued by the South Carolina Land Resources Commission Land Resources Division of the Department of Wildlife and Marine and Natural Resources, or its agent, the local Soil and Water Conservation District, or proof of exemption from permit requirements issued by either of the above agencies, as provided in the South Carolina Dam and Reservoir Safety Act (Article 3 of Chapter 11 of Title 49). If the amount for such credit exceeds the taxpayer's tax liability for such taxable year, the amount which exceeds such tax liability may be carried over for credit against income taxes in the next five succeeding taxable years until the total amount of the tax credit has been taken."

SECTION 74. Section 12-7-1250 of the 1976 Code is amended to read:

"Section 12-7-1250. (A) A corporate taxpayer is allowed as a credit against taxes due pursuant to Section 12-7-230 an amount equal to fifty percent, not to exceed ten thousand dollars, of expenses paid or accrued by the taxpayer in building or improving any one infrastructure project. Any unused credit may be carried forward three years.

(B) For purposes of the credit allowed by this section, an infrastructure project includes water lines, sewer lines, their related facilities, and roads that:

(1) do not exclusively benefit the taxpayer;

(2) are built to applicable standards;

(3) are dedicated to public use or, in the case of water and sewer lines and their related facilities in areas served by a private water and sewer company, the water and sewer lines are deeded to a qualified private entity. If an infrastructure project benefits more than the taxpayer, the expenses of the taxpayer must be allocated to the various beneficiaries and only those expenses not allocated to the taxpayer's benefit qualify for the credit. The credit may be claimed for contributions to a governmental entity and, in the case of water or sewer lines and their related facilities in areas served by a private water and sewer company, to a qualified private entity, for the construction or improvements of qualifying infrastructure projects, or for expenses incurred by the taxpayer in building or improving qualifying infrastructure projects for dedication to public use. The credit may be claimed before dedication or conveyance if the taxpayer submits with its tax return a letter of intent signed by the chief operating officer of the appropriate governmental entity or qualified private entity stating that upon completion the governmental entity or qualified private entity shall accept the infrastructure project for the appropriate use.

(C) For purposes of this section, a qualified private entity is any entity holding the required permits, certifications, and licenses from the South Carolina Department of Health and Environmental Control, the South Carolina Public Service Commission, and any other state agencies, departments, or commissions, from which approvals must be obtained in order to operate as a utility furnishing water supply services or sewage collection or treatment services, or both, to the public.

(D) A qualifying private entity is not allowed the credit provided by this section for expenses it incurs in building or improving facilities it owns, manages, or operates.

(E) If a road qualifying for the credit allowed by this section is subsequently removed from the state highway or public road system the amount of the credit allowed for the construction of the road must be added to any corporate income tax due from the taxpayer for the first taxable year following the removal of the road from public use. The South Carolina Tax Commission Department of Revenue and Taxation shall by regulation implement the provisions of this subsection."

SECTION 75. Section 12-7-1590 of the 1976 Code is amended to read:

"Section 12-7-1590. All individuals, corporations, and partnerships, in whatever capacity acting, including lessees and mortgagors of real or personal property, fiduciaries, and employers, making payments to another individual, corporation or partnership, of interest or dividends of two hundred dollars or more making payment to another individual, corporation, or partnership, of rent, salaries, wages, commissions, emoluments or other fixed or determinable gains or profits or income at the rate of eight hundred dollars or more in any taxable year, except that such payments of personal service compensation on which taxes are required to be withheld and reports of taxes withheld are made with respect to such individual as provided in Sections 12-9-610 to 12-9-660, shall make a true and accurate return to the South Carolina Tax Commission Department of Revenue and Taxation under such regulations as the Tax Commission Department of Revenue and Taxation may prescribe, setting forth the amount of such gains, profits or income and the name and address of the recipient thereof.

Any taxpayer failing to file the return required by this section shall be assessed a penalty of not less than five dollars nor more than one thousand dollars, which penalty shall be assessed and collected in the same manner and with like effect as income taxes provided by this chapter."

SECTION 76. Section 12-7-1820 of the 1976 Code is amended to read:

"Section 12-7-1820. The election referred to in this article shall be made in the manner provided in regulations prescribed by the South Carolina Tax Commission Department of Revenue and Taxation. When husband and wife make separate returns both must exercise the same option in the filing of the returns. This article shall not apply to:

(a) a nonresident individual

(b) a taxpayer who resided a part of the year within this State

(c) an individual making a return under Section 12 7 210 for a period of less than twelve months on account of a change in his accounting period, or,

(d) an estate or trust."

SECTION 77. Section 12-7-2010 of the 1976 Code is amended to read:

"Section 12-7-2010. Every corporation subject to taxation under Chapter 7, Title 12, as amended, shall make a declaration of estimated tax for the taxable year provided that where the amount of estimated tax is less than one hundred dollars, no such declaration need be made.

(1) For purposes of Sections 12-7-2010 to 12-7-2040, the term estimated tax means the amount which the corporation estimates as the amount of income tax imposed by Chapter 7, Title 12, as amended, less the amount which the corporation estimates as the sum of credits allowed by law against such tax.

(2) A corporation with a taxable year of less than twelve months shall make a declaration in accordance with the regulations prescribed by the South Carolina Tax Commission Department of Revenue and Taxation."

SECTION 78. Section 12-7-2230 of the 1976 Code is amended to read:

"Section 12-7-2230. Every corporation shall notify the Tax Commission Department of Revenue and Taxation in writing of every examination of its books and records with respect to its net income as reported on its Federal income tax return within thirty days after it has or should have had knowledge of the beginning of such examination by the Internal Revenue Service. When any corporation executes a waiver of the statute of limitations on deficiencies and overassessments of Federal income taxes, it shall notify the Tax Commission Department of Revenue and Taxation in writing within thirty days from the date of such waiver. Failure on the part of the corporation to notify the Tax Commission Department of Revenue and Taxation within the prescribed time of either of the above actions shall automatically suspend the limitations set forth in Section 12-7-2220 as amended until ninety days after the Tax Commission Department of Revenue and Taxation receives notice in writing from the corporation of such action."

SECTION 79. Section 12-7-2410 of the 1976 Code is amended to read:

"Section 12-7-2410. Whenever an individual who is a resident of South Carolina has become liable for income tax in another state on account of income earned from personal services rendered in such other state, or has received income through a nonresident fiduciary, the Tax Commission Department of Revenue and Taxation shall credit the amount of income tax payable for the income year by him under this Title with the amount of tax paid by him to another state on income taxable by South Carolina. In no case shall the credit herein allowed exceed an amount equivalent to the proportion of South Carolina income tax attributable to the income taxable by another state."

SECTION 80. Section 12-7-2590 of the 1976 Code is amended to read:

"Section 12-7-2590. The Tax Commission Department of Revenue and Taxation, with the approval of the Budget and Control Board, is authorized to expend from the revenue collected under the provisions of Chapter 7, as amended, such additional money as is necessary to the adequate administration and enforcement of this article."

SECTION 81. Section 12-7-2610 of the 1976 Code is amended to read:

"Section 12-7-2610. For the purpose of facilitating the settlement and distribution of estates held by fiduciaries, the South Carolina Tax Commission Department of Revenue and Taxation, with the approval of the Attorney General, may, on behalf of the State, agree upon the amount of taxes at any time due or to become due from fiduciaries under the provisions of Chapter 7 of Title 12 and payment in accordance with such agreement shall be full satisfaction of the taxes to which the agreement relates."

SECTION 82. Items (D)(1), (D)(2), (D)(3) of Section 12-7-2415 of the 1976 Code are amended to read:

(D)(1) There is established a special fund to be known as the `Nongame Wildlife and Natural Areas Fund' which shall consist of all monies transferred to it under this section, donations to the Nongame and Endangered Species or Heritage Trust Programs of the Wildlife and Marine Resources Department South Carolina Department of Wildlife, Marine and Natural Resources, and all interest earned thereon.

(2) All balances in the Nongame Wildlife and Natural Areas Fund must be carried forward each year so that no part thereof reverts to the general fund of the State.

(3) The Wildlife and Marine Resources Department of Wildlife, Marine and Natural Resources may expend monies held in the Nongame Wildlife and Natural Areas Fund in furtherance of the department's Nongame and Endangered Species Programs, Heritage Trust Programs, and for related educational projects and programs.

SECTION 83. Section 12-9-130 of the 1976 Code is amended to read:

"Section 12-9-130. Every employee must, on or before the date of commencement of employment, furnish his employer with a signed withholding exemption, relating to the number of withholding exemptions which he claims. In no event shall the exemptions claimed exceed the exemptions to which he is entitled. Any employer who believes an employee has filed an incorrect exemption certificate must furnish a copy of the certificate to the Tax Commission Department of Revenue and Taxation within thirty days after it is filed. In the event the exemption certificate filed is determined to be incorrect, the Tax Commission Department of Revenue and Taxation must notify the employer and employee stating the rate at which taxes must be withheld. The decision of the Tax Commission Department of Revenue and Taxation may be appealed in writing to the Tax Commission Department of Revenue and Taxation by the employee within thirty days after the decision is rendered."

SECTION 84. Section 12-9-310(A)(3)(c) of the 1976 Code is amended to read:

"(3) hiring or contracting or having a contract with a nonresident taxpayer conducting a business or performing personal services of a temporary nature carried on within this State, where the contract exceeds ten thousand dollars or reasonably could be expected to exceed ten thousand dollars, must withhold two percent of each and every payment made to these nonresidents. This item does not apply to a utility hiring or contracting or having a contract with any nonresident utility or to a county hiring or contracting with a person not in its regular employ to perform services of a temporary nature relating to damage caused by natural forces. For purposes of this item:

(a) `natural forces' means conflagration, flood, storm, earthquake, hurricane, or other public calamity;

(b) `utility' means a person, public utility, electric cooperative, special purpose district, authority, or political subdivision producing, storing, conveying, transmitting, or distributing communication, electricity, gas, water, steam, or sewerage; and

(c) `county' means a county of this State. This item also does not apply to amounts paid to: a nonresident contractor performing work under a contract with the South Carolina Department of Highways and Public Transportation; and a nonresident subcontractor performing work for a contractor who is operating under a contract with the South Carolina Department of Highways and Public Transportation.

For purposes of this item, the term nonresident does not include motion picture companies as defined in Section 12-36-2120 nor does it include entities performing personal services for motion picture companies when the motion picture companies and the personal service companies obtain a certificate of authority from the Secretary of State pursuant to Title 33.

The commission may grant partial or total exemption from the provisions of this subsection where:

(a) a portion of the contract is performed outside of this State;

(b) a portion of the contract consists of providing tangible personal property or material;

(c) a portion of the contract is subcontracted to others; or

(d) the taxpayer is not conducting business of a temporary nature in this State as evidenced by substantial assets or a place of business located in this State.

The conditions set forth in item (3) of this section may be waived by the commission, provided the payee shall insure the commission by bond, secured by an insurance company licensed by the South Carolina Insurance Commission, or deposit of securities subject to approval by the State Treasurer, or cash which shall not bear interest, that the payee will comply with all applicable provisions of Chapter 7 of this title and with the withholding requirements insofar as his obligations as a withholding agent are concerned."

SECTION 85. Section 12-9-420 of the 1976 Code is amended to read:

"Section 12-9-420. Every withholding agent who fails or neglects to withhold or pay to the commission any sums required by this chapter to be withheld and paid is personally and individually liable therefor, and any sum or sums withheld in accordance with the provisions of Sections 12-9-310 to 12-9-370 are to be held in trust for the State. An employee is entitled to a credit for the amount of income tax withheld from his wages even though the employer failed to remit and pay over the amount to the Tax Commission Department of Revenue and Taxation. The term `withholding agent', as used in this section, includes an officer or employee of a corporation, or a member or employee of a partnership, who as such officer, employee, or member is under a duty to perform the act in respect of which the violation occurs."

SECTION 86. Section 12-9-630 of the 1976 Code is amended to read:

"Section 12-9-630. On or before the thirty-first day of January next succeeding the year for which amounts were withheld under the provisions of this chapter, every withholding agent shall file a recapitulation and reconciliation of taxes withheld and paid in such form as the Commission shall prescribe. However, an employer who has notified the Tax Commission Department of Revenue and Taxation in accordance with Section 12-9-410 that he is no longer required to file reports in accordance with Section 12-9-390 may furnish the Commission with the reconcilation statement required by this section at the time he notifies the Commission that he is no longer required to file such reports."

SECTION 87. Section 12-9-860 of the 1976 Code is amended to read:

"Section 12-9-860. Any employer who fails to comply with the provisions of Section 12-9-610, requiring the furnishing of a withholding statement to employees, is subject to a penalty of not less than one hundred dollars nor more than one thousand dollars for each violation. Any employer who fails to comply with the provisions of Section 12-9-620, requiring the filing of withholding statements with the Tax Commission Department of Revenue and Taxation, is subject to a penalty of not less than one hundred dollars nor more than two thousand dollars for each violation. These penalties shall be assessed and collected in the same manner and with like effect as income taxes provided by Chapter 7 of this title."

SECTION 88. Section 12-13-70 of the 1976 Code is amended to read:

"Section 12-13-70. The income tax imposed by this chapter shall be administered by the State Tax Commission Department of Revenue and Taxation. The Commission shall make such rules and regulations not inconsistent with law as may be required for the proper administration and enforcement of this chapter, and such rules and regulations shall have full force and effect of law."

SECTION 89. Section 12-15-550 of the 1976 Code is amended to read:

"Section 12-15-550. The probate judge shall send to the commission by mail a copy of the inventory and appraisal of the assets of every estate the gross assets of which for probated purposes are equal to or exceed the sum of the amounts exempted pursuant to Sections 12-15-61 and 12-15-251 within thirty days after it is filed, together with a copy of any will probated with respect to the estate. In the case of a nonresident decedent, the probate judge shall furnish the Tax Commission Department of Revenue and Taxation with copies of all wills filed with his office and, in the case of an ancillary administration, the probate judge shall furnish the Tax Commission Department of Revenue and Taxation with copies of inventories and appraisals in all cases regardless of the value of the tangible personal property and real property having a situs in this State."

SECTION 90. Section 12-15-1615 of the 1976 Code is amended to read:

"Section 12-15-1615. Except in accordance with proper judicial order or as otherwise provided by law, it shall be unlawful for the members of the Tax Commission Department of Revenue and Taxation, any deputy, agent, clerk, or other officer or employee, or former employees or officers to divulge or make known in any manner the report or return or any particulars set forth or disclosed in any report or return, as compiled in connection with the administration and enforcement of Chapters 15 and 17 of Title 12 of the 1976 Code. The provisions of this section shall apply to all reports and returns filed before or after enactment of this section. Nothing in this section shall be construed to prohibit the publication of statistics, so classified as to prevent the identification of particular reports or returns and the items thereof, or the inspection by the Attorney General or other legal representative of the State, of the report or return upon an application for review of any adjustment proposed by the Tax Commission Department of Revenue and Taxation or upon the filing of a petition for redetermination of a deficiency assessed by the Tax Commission Department of Revenue and Taxation, or against whom an action or proceeding has been instituted to recover any tax or penalty imposed by Chapters 15 and 17 of Title 12 of the 1976 Code. Nothing herein shall preclude the disclosure of deficiency assessments to the Probate Courts and the filing of warrants for uncollected taxes. Any offense against this section shall be punished by a fine not exceeding one thousand dollars or by imprisonment not exceeding one year, or both, at the discretion of the court, and if the offender be an officer or employee of the State, he shall be dismissed from office and be incapable of holding any public office in this State for a period of five years thereafter."

SECTION 91. Section 12-16-1110 of the 1976 Code is amended to read:

"Section 12-16-1110. (A) The tax imposed under this chapter is due and payable no later than nine months from the date of the decedent's death.

(B) The personal representative of every estate subject to the tax imposed by this chapter who is required by the laws of the United States to file a federal estate tax return shall file with the Tax Commission Department of Revenue and Taxation, on or before the date the federal estate tax return is required to be filed: (1) a return for the tax due under this chapter; and (2) a copy of the federal estate tax return.

(C) In addition to the provisions of Section 12-54-70, if the personal representative has obtained an extension of time for filing the federal estate tax return, the filing required by subsection (B) is similarly extended until the end of the time period granted in the extension of time for the federal estate tax return. Upon obtaining an extension of time for filing the federal estate tax return, the personal representative shall provide the commission with a copy of the instrument providing for this extension.

(D) Except as provided in Section 12-16-910, the tax due under this chapter must be paid by the personal representative to the Tax Commission Department of Revenue and Taxation at its office in Columbia not later than the date when the return covering this tax is required to be filed under subsection (B) or (C). If the tax is paid pursuant to subsection (C), interest, at a rate equal to the rate of interest established pursuant to Section 12-54-20, must be added for the period between the date when the tax would have been due had no extension been granted and the date of full payment."

SECTION 92. Section 12-17-40 of the 1976 Code is amended to read:

"Section 12-17-40. The term `taxable gifts' means the transfers by gift which are included in taxable gifts for federal gift tax purposes under Section 2503, and Sections 2511 through 2514, inclusive, and Sections 2516 through 2519, inclusive, of the Internal Revenue Code of 1954, as amended through December 31, 1985, less the deductions allowed in Sections 2522 through 2524 of the Internal Revenue Code of 1954, as amended through December 31, 1985. The words `secretary or his delegate' as used in the aforementioned sections of the Internal Revenue Code mean the `South Carolina Tax Commission". Department of Revenue and Taxation'."

SECTION 93. Section 12-17-120 of the 1976 Code is amended to read:

"Section 12-17-120. It shall be the duty of every person required to make a gift tax return under this chapter to file with the Tax Commission Department of Revenue and Taxation a duplicate of all Federal gift tax returns which such person is required to make to the Federal authorities."

SECTION 94. Section 12-17-140 of the 1976 Code is amended to read:

"Section 12-17-140. (a) The Tax Commission Department of Revenue and Taxation may require the donor or the donee to show the property subject to the tax, as provided in this chapter, to the commission or its representative upon demand and may employ a suitable person to appraise the property. The donor shall make and subscribe his oath that the property shown by him on his return to the Tax Commission Department of Revenue and Taxation includes all the property transferred by gift for the calendar year involved and not excluded herein.

(b) The failure or refusal of such person having control or possession of such property to exhibit such property to the Tax Commission Department of Revenue and Taxation or its representative for inventory and appraisal shall constitute a misdemeanor and, upon conviction, such person shall be punished by fine or imprisonment, in the discretion of the court."

SECTION 95. Section 12-17-210 of the 1976 Code is amended to read:

"Section 12-17-210. (a) The tax imposed under this chapter shall be due and payable by the donor no later than April fifteenth following the close of the calendar year during which the gift was made and shall be payable to the Tax Commission Department of Revenue and Taxation at its office in Columbia.

(b) Report of the taxable gifts shall be made by the donor to the Tax Commission Department of Revenue and Taxation on gift tax return forms prepared by the Tax Commission Department of Revenue and Taxation and the amount of the tax due shall be paid at the time the return is filed."

SECTION 96. Section 12-17-220 of the 1976 Code is amended to read:

"Section 12-17-220. The Tax Commission Department of Revenue and Taxation is authorized and required to make assessment of all taxes, including interest and assessable penalties imposed by this chapter, including taxes due in respect to transfers by gift for which returns have not been filed at the time and in the manner provided by law. The authority shall include also the assessment by the Tax Commission Department of Revenue and Taxation of all taxes determined by the donor as to which a return has been filed under this chapter."

SECTION 97. Section 12-17-310 of the 1976 Code is amended to read:

"Section 12-17-310. The Tax Commission Department of Revenue and Taxation in the administration and enforcement of this chapter shall make such rules and regulations as may be necessary for proper interpretation and enforcement of the chapter."

SECTION 98. Section 12-19-20 of the 1976 Code is amended to read:

"Section 12-19-20. [For tax years prior to January 1, 1993, subsection (a) reads as follows:] (a) Every corporation organized under the laws of this State and every corporation organized to do business under the laws of any other state, territory, or country and qualified to do business in South Carolina and any other corporation required by Section 12-7-230 to file income tax returns, in addition to any other requirements of law, must make a report annually to the Tax Commission Department of Revenue and Taxation on or before the fifteenth day of the third month next after the preceding income year in a form prescribed by the Tax Commission Department of Revenue and Taxation and Secretary of State containing all information and facts either the Tax Commission Department of Revenue and Taxation or the Secretary of State may require for the administration of the provisions of this chapter and the provisions of Title 33. Organizations exempt from taxation under Internal Revenue Code Section 501, in addition to other requirements of law, shall make a report to the Commission on or before the fifteenth day of the fifth month following the close of the taxable year. [For tax years beginning on or after January 1, 1993, subsection (a) reads as follows:] (a) Every corporation organized under the laws of this State and every corporation organized to do business under the laws of any other state, territory, or country and qualified to do business in South Carolina and any other corporation required by Section 12-7-230 to file income tax returns, in addition to any other requirements of law, must make a report annually to the Tax Commission Department of Revenue and Taxation on or before the fifteenth day of the third month next after the preceding income year in a form prescribed by the Tax Commission Department of Revenue and Taxation and Secretary of State containing all information and facts either the Tax Commission Department of Revenue and Taxation or the Secretary of State may require for the administration of the provisions of this chapter and the provisions of Title 33.

(b) The annual report shall contain the following mandatory information:

(1) the name of the corporation and the state or country under whose law it is incorporated;

(2) the address of its registered office and the name of its registered agent at that office in this State;

(3) the address of its principal office;

(4) the names and business addresses of its directors and principal officers;

(5) a brief description of the nature of its business;

(6) the total number of authorized shares, itemized by class and series, if any, within each class; and

(7) the total number of issued and outstanding shares, itemized by class and series, if any, within each class.

(c) Information in the annual report must be current as of the date the annual report is executed on behalf of the corporation.

(d) The information required by subsection (b) in all annual reports is open to unrestricted public inspection and copying by any person, including any governmental unit or officer, and for any purpose. Any creditor, employee, officer, shareholder, or person interested in the affairs of the corporation, or its officers, shareholders, or directors, may inspect the information required by subsection (b) or request a copy of the information. A person may request the information required by subsection (b), including a copy of the information, from either the office of the Secretary of State or Tax Commission Department of Revenue and Taxation, and that office shall furnish promptly the information or copy sought. The request may be made in person, in writing, by phone, through an agent, or by any other reasonable manner. Either the Secretary of State or Tax Commission Department of Revenue and Taxation, by regulation, may permit the public disclosure of other information, in addition to that required by subsection (b) which either one requires to be filed as an additional part of the corporation's annual report.

(e) In order to file the initial articles of incorporation or application for certificate of authority by a foreign corporation, the articles or application for certificate of authority must be accompanied by an initial annual report containing the information required pursuant to subsections (a) through (c) of this section together with a remittance for the minimum license fee required by Sections 12-19-70 and 12-19-120 made payable to the South Carolina Tax Commission Department of Revenue and Taxation. The report and remittance must be submitted to the Tax Commission Department of Revenue and Taxation by the Secretary of State."

SECTION 99. Section 12-19-60 of the 1976 Code is amended to read:

"Section 12-19-60. In case of sickness, absence or other disability, or other good cause, the Tax Commission Department of Revenue and Taxation may, within its discretion, grant an extension of time within which to file the license tax return required by this section; provided, further, that where an extension of time is granted, the Tax Commission Department of Revenue and Taxation may require the taxpayer to file a tentative return showing the name and address of the taxpayer and the amount of tax estimated to be due; such tentative return to be filed on or before the fifteenth day of the third month next after the preceding income year and the estimated tax shown thereon paid in full at the time of filing such tentative return; provided, further, that the completed return must be filed and the balance of tax, if any, must be paid within the extended period."

SECTION 100. Section 12-19-100 of the 1976 Code is amended to read:

"Section 12-19-100. In lieu of the license fee imposed by Section 12-19-70, there is hereby levied, in addition to any and all other license taxes and fees or taxes of whatever kind, a license fee of one mill upon each dollar of the fair market value of property, as determined by the South Carolina Tax Commission Department of Revenue and Taxation for property tax purposes for the preceding accounting period, owned and used within South Carolina in the conduct of business of every railroad company, express company, street railway company, navigation company, waterworks company, power company, electric cooperative, light company, gas company, telegraph company, telephone company, parlor, dining or sleeping car company, tank car company, refrigerating car company and fruit growers' express car company, and all privately operated car lines. The license fee provided for in this section shall be paid at the time of the filing of the reports required by this chapter."

SECTION 101. Section 12-21-100 of the 1976 Code is amended to read:

"Section 12-21-100. Beer, wine, soft drinks or any goods, wares and merchandise subject to tax under the provisions of this chapter shall be exempt from such tax when sold to the United States Government or United States Government instrumentality for Army, Navy, Marine or Air Force purposes and delivered to a place lawfully ceded to the United States, or delivered to a ship belonging to the United States Navy for distribution and sale to members of the military establishment only, or when sold and delivered to ships regularly engaged in foreign or coastwise shipping between points in this State and points outside the State. Any goods, the sale of which is exempt by this section, may be stored and delivered without payment of the tax imposed by this chapter if stored and delivered in accordance with regulations to be promulgated by the South Carolina Tax Commission Department of Revenue and Taxation."

SECTION 102. Section 12-21-320 of the 1976 Code is amended to read:

"Section 12-21-320. The use of documentary license meter impressions, in lieu of stamps as required by this article, may be permitted in the discretion of the South Carolina Tax Commission Department of Revenue and Taxation."

SECTION 103. Section 12-21-470 of the 1976 Code is amended to read:

"Section 12-21-470. Any person who (a) is liable to pay the tax as provided in this article, (b) acts in the matter as agent or broker for such person, (c) makes any such sale or (d) in pursuance of any such sale delivers any certificate or evidence of the sale of any stock, interest or right or bill or memorandum thereof, as required in this article, without having the proper stamps affixed thereto shall be subject to a penalty imposed by the Tax Commission Department of Revenue and Taxation of not less than twenty dollars nor more than one hundred dollars for each offense, which penalty the Commission may remit in part or in whole."

SECTION 104. Section 12-21-660 of the 1976 Code is amended to read:

"Section 12-21-660. Every person engaged in the business of purchasing, selling or distributing cigars, cheroots, stogies, cigarettes, snuff or smoking or chewing tobacco at wholesale or through vending machines within the State and all cigarette, cigar and tobacco product manufacturers' sales representatives who conduct business in this State shall file with the Tax Commission Department of Revenue and Taxation an application for a license permitting him to engage in such business. When such business is conducted at two or more separate places, a separate license for each place of business shall be required. A person whose business is conducted through vending machines needs to obtain only one license but shall maintain an up-to-date list of the location of each vending machine operated under this license and each manufacturer's sales representative needs to obtain only one license. The provisions of this section shall not apply to persons who own and stock vending machines for use on their own premises. Nothing in this section shall be construed as requiring a license for the privilege of buying, selling or distributing leaf tobacco nor shall this section apply to churches, schools or charitable organizations operating booths at state, county or community fairs or to school or church entertainments."

SECTION 105. Section 12-21-780 of the 1976 Code is amended to read:

"Section 12-21-780. Every distributor shall on or before the tenth day of each month file with the South Carolina Tax Commission Department of Revenue and Taxation a return on forms to be prescribed and furnished by the Commission department showing the quantity and wholesale price of all tobacco products transported or caused to be transported into the State by him or manufactured or fabricated in the State for sale in this State. Every distributor authorized by the Commission department to make returns and pay the tax on tobacco products sold, shipped, or delivered by him to any person in the State shall file a return showing the quantity and wholesale price of all products so sold, shipped, or delivered during the preceding calendar month. Such returns shall contain such further information as the South Carolina Tax Commission Department of Revenue and Taxation may require. Every distributor shall pay to the Commission department with the filing of such return the tax on tobacco products for such month imposed under this article. When the distributor or dealer files the return and pays the tax within the time specified in this section, he may deduct therefrom two percent of the tax due."

SECTION 106. Section 12-21-1060 of the 1976 Code is amended to read:

"Section 12-21-1060. Under the reporting method of tax payment on sales of beer and wine prescribed in Section 12-21-1050, the Tax Commission Department of Revenue and Taxation shall allow a discount of two percent to the wholesaler on the amount of tax reported on each monthly report.

In no case shall any discount be allowed if the taxes are not paid in full or if either the report or the taxes are received by the Commission after the date due, or after the expiration of any extension granted by the Commission."

SECTION 107. Section 12-21-1110 of the 1976 Code is amended to read:

"Section 12-21-1110. The cost of stamps, supplies and other expenses of the administration of this article shall be paid out of the proceeds derived from the collection of this tax upon warrants drawn by the Tax Commission Department of Revenue and Taxation upon the State Treasurer."

SECTION 108. Section 12-21-1320 of the 1976 Code is amended to read:

"Section 12-21-1320. The additional taxes imposed by Section 12-21-1310 shall be levied against and collected from the wholesaler, importer, or any other person first offering such wine for sale within this State. The wholesaler, importer, or other person offering said wine for sale in this State shall make a report to the Tax Commission Department of Revenue and Taxation in such form as the Commission may prescribe and shall pay the tax due thereon not later than the twentieth day of the month following the sale of the wine. Any wholesaler, importer, or other person first offering wine for sale in this State who fails to file the report or to pay the tax hereby imposed, on or before the twentieth day of the month following the sale of wine, shall pay a penalty of not less than twenty dollars nor more than one thousand dollars, to be assessed and collected by the Commission in the same manner and with like effect as other taxes are collected. The provisions of Section 12-21-1050 shall determine the payment of taxes for the month of June."

SECTION 109. Section 12-21-1510 of the 1976 Code is amended to read:

"Section 12-21-1510. Every producer shall apply to the Tax Commission, Department of Revenue and Taxation on such forms as the Commission may prescribe, for a certificate of registration, which certificate must be approved and issued prior to the shipment of any beer or wine by the producer to a point within the geographic limits of South Carolina. Every producer, at the same time application is made for a certificate of registration, shall remit to the South Carolina Tax Commission Department of Revenue and Taxation a fee of one hundred dollars. Every certificate of registration shall be valid from the date of issue until the thirtieth of June next succeeding. Beer and wine wholesalers shall only purchase beer, ale, or wine from manufacturers or importers who hold a certificate of registration issued by the Tax Commission Department of Revenue and Taxation."

SECTION 110. Section 12-21-1520 of the 1976 Code is amended to read:

"Section 12-21-1520. The Tax Commission Department of Revenue and Taxation, in its discretion, upon consideration of the information contained in applications for certificates provided for in this article, shall issue or reject the certificate applied for."

SECTION 111. Section 12-21-1530 of the 1976 Code is amended to read:

"Section 12-21-1530. Certificates of registration provided for in this article may be suspended or revoked by the Tax Commission Department of Revenue and Taxation upon a showing of any violation of law or of any regulation of the Commission department."

SECTION 112. Section 12-21-1540 of the 1976 Code is amended to read:

"Section 12-21-1540. In all cases, the applicant for a certificate of registration required by this article, as a condition precedent to the issue of such certificate of registration, must certify that the Tax Commission Department of Revenue and Taxation shall have the right within statutory limitations to audit and examine the books and records, papers and memoranda of the applicant with respect to the administration and enforcement of laws administered by the Tax Commission Department of Revenue and Taxation."

SECTION 113. Section 12-21-1550 of the 1976 Code is amended to read:

"Section 12-21-1550. Prior to shipment into the geographic boundaries of South Carolina to a licensed wholesaler of any beer or wine by a registered producer, the registered producer shall mail by first class mail to the Tax Commission Department of Revenue and Taxation a correct and complete invoice, showing in detail the items in such shipment by quantity, type, brand and size and the point of origin and the point of destination. Also, prior to or at the time of shipment, a copy of the bill of lading shall be forwarded to the Tax Commission Department of Revenue and Taxation by first class mail. Upon acceptance of delivery of the shipment by the duly licensed wholesaler, the wholesaler shall furnish the Tax Commission Department of Revenue and Taxation with a copy of the invoice covering the shipment, with endorsement thereon showing the date, time and place delivery was accepted."

SECTION 114. Section 12-21-1570 of the 1976 Code is amended to read:

"Section 12-21-1570. The Tax Commission Department of Revenue and Taxation shall administer and enforce the provisions of this article."

SECTION 115. Section 12-21-1580 of the 1976 Code is amended to read:

"Section 12-21-1580. The Tax Commission Department of Revenue and Taxation shall have the power to make such rules and regulations, not inconsistent with law, deemed necessary for the proper administration and enforcement of this article. Such rules and regulations shall have the full force and effect of law."

SECTION 116. Section 12-21-1590 of the 1976 Code is amended to read:

"Section 12-21-1590. All moneys received by the Tax Commission Department of Revenue and Taxation under the provisions of this chapter shall be deposited with the State Treasurer to the credit of the general fund of the State."

SECTION 117. Section 12-21-1600 of the 1976 Code is amended to read:

"Section 12-21-1600. Every duly licensed wholesaler of beer or wine is required to file with the Tax Commission Department of Revenue and Taxation: (a) a corporate surety bond payable to the State in a form approved by the Tax Commission Department of Revenue and Taxation and in an amount to be determined by the Commission department with a surety or guaranty company authorized to do business in South Carolina; or (b) deposit with the State Treasurer cash in the same amount of the bond as determined by the Commission department; or (c) deposit with the Commission department securities approved by the State Treasurer in an amount of value equivalent to the amount of bond determined by the Commission department. Such bond shall be held by the Commission department, without interest, as surety conditioned upon lawful operation of the business of the duly licensed wholesaler and the prompt payment of all taxes and penalties and interest imposed by law upon such duly licensed wholesaler."

SECTION 118. Section 12-21-1610 of the 1976 Code is amended to read:

"Section 12-21-1610. No person, firm, corporation, club or association or any organization within this State shall bring, ship, transport or receive into this State in any manner whatsoever any beer or wine as defined in Section 12-21-1010 for sale except duly licensed beer and wine wholesale distributors; provided, however, that an individual may be permitted to import beer and wine into this State for personal use and consumption within the State and not for sale, in quantities not to exceed ten cases, upon the receipt of a certificate from the Tax Commission Department of Revenue and Taxation authorizing the shipment and evidencing that such person has paid all taxes upon such beer and wine to the Tax Commission Department of Revenue and Taxation. Any person, firm, corporation, club or association in violation of this section shall be subject to a penalty of not less than twenty-five dollars nor more than one thousand dollars, to be assessed and collected by the Tax Commission Department of Revenue and Taxation in the same manner and with like effect as other taxes are collected."

SECTION 119. Section 12-21-1840 of the 1976 Code is amended to read:

"Section 12-21-1840. A person who uses in South Carolina a powder or base other than a syrup in the manufacture of a soft drink for sale shall pay a license tax on each package or container of the powder or base in an amount equal to sixteen cents for each gallon of soft drink that is customarily manufactured from the contents of each package or container of powder or base. The provisions of this section do not apply to a powder or base that is used by a bottler in the manufacture of a bottled soft drink and the Tax Commission Department of Revenue and Taxation may by regulation provide for the storage of the powder or base when it is not for use in the manufacture of soft drinks for sale. The provisions of this section do not apply to a powder or base that is used in preparing coffee, tea, cocoa, chocolate, any frozen concentrate, or freeze-dried concentrate to which only water is added to produce a pure vegetable or fruit juice nor shall these provisions apply to syrup donated to the Department of Parks, Recreation and Tourism for free distribution at welcome stations."

SECTION 120. Section 12-21-2420 of the 1976 Code is amended to read:

"Section 12-21-2420. There must be levied, assessed, collected, and paid upon paid admissions to places of amusement within this State a license tax of five percent. The license tax may be listed separately from the cost of admission on an admission ticket. However, no tax may be charged or collected:

(1) On account of any stage play or any pageant in which wholly local or nonprofessional talent or players are used;

(2) On admissions to athletic contests in which a junior American Legion athletic team is a participant unless the proceeds inure to any individual or player in the form of salary or otherwise;

(3) On admissions to high school or grammar school games or on general gate admissions to the State Fair or any county or community fair;

(4) On admissions charged by any eleemosynary and nonprofit corporation or organization organized exclusively for religious, charitable, scientific, or educational purposes; provided, that the license tax herein levied and assessed shall be collected and paid upon all paid admissions to all athletic events of any institution of learning above the high school level; provided, however, that carnivals, circuses, and community fairs operated by eleemosynary or nonprofit corporations or organizations organized exclusively for religious, charitable, scientific, or educational purposes shall not be exempt from the assessment and collection of admissions tax on charges for admission for the use of or entrance to rides, places of amusement, shows, exhibits, and other carnival facilities, but not to include charges for general gate admissions except when the proceeds of any such carnival, circus, or community fair are donated to a hospital; provided, further, that no admission tax shall be charged or collected by reason of any charge made to any member of a nonprofit organization or corporation for the use of the facilities of the organization or corporation of which he is a member.

(5) On admissions to nonprofit public bathing places;

(6) On admissions to any hunting or shooting preserve;

(7) On admissions to privately owned fish ponds or lakes; and

(8) On admissions to circuses operated by eleemosynary, nonprofit corporations or organizations organized exclusively for religious, charitable, scientific, or educational purposes when the proceeds derived from admissions to the circuses shall be used exclusively for religious, charitable, scientific or educational purposes.

(9) On admissions to properties or attractions which have been named to the National Register of Historical Places.

(10) On admissions charged to classical music performances of a nonprofit or eleemosynary corporation organized and operated exclusively to promote classical music.

(11) On admissions to events other than those events enumerated in item (4) of this section, sponsored and operated exclusively by eleemosynary, nonprofit corporations or organizations organized exclusively for religious, charitable, scientific, civic, fraternal, or educational purposes when the net proceeds derived from admissions to the events shall be immediately donated to an organization operated exclusively for charitable purposes. The term `net proceeds' shall mean the portion of the gross admissions proceeds remaining after necessary expenses of the event have been paid. This item shall not apply to an event in which the above organizations receive a percentage of gross proceeds or a stated fixed sum for the use of its name in promoting the event.

(12) On admissions charged by nonprofit or eleemosynary community theater companies or community symphony orchestras, county and community arts councils and commissions and other such companies engaged in promotion of the arts.

(13) On admissions to boats which charge a fee for pleasure fishing, excursion, sight-seeing and private charter.

(14) On admissions to a physical fitness center subject to the provisions of Chapter 79 of Title 44, the Physical Fitness Services Act, that provides only the following activities or facilities:

(a) aerobics or calisthenics;

(b) weightlifting equipment;

(c) exercise equipment;

(d) running tracks;

(e) racquetball;

(f) swimming pools for aerobics and lap swimming; and

(g) other similar items approved by the commission department.

The entire admission charge of a physical fitness center which provides any other activity or facilities is subject to the tax imposed by this article.

The tax imposed by this section shall be paid by the person or persons paying such admission price and shall be collected and remitted to the South Carolina Tax Commission Department of Revenue and Taxation by the person or persons collecting such admission price. The tax imposed by this section shall not apply to any amount separately stated on the ticket of admission for the repayment of money borrowed for the purpose of constructing an athletic stadium or field by any accredited college or university. The revenue derived from the provisions of this section from fishing piers along the coast of South Carolina is hereby allocated for use of the Commercial Fisheries Division."

SECTION 120A. Section 12-21-2719 of the 1976 Code is amended to read:

"Section 12-21-2719. Effective for licenses which expire May 31, 1993, the Tax Commission Department of Revenue and Taxation shall begin converting all coin-operated device licenses required by statute to be issued annually by the commission to a biennial licensing period. The commission department shall convert its annual licensing activity to a biennial system as provided in this section.

(1) Upon expiration and for which an application for renewal is received by the commission, the commission shall issue the first license for a two-year period. Subsequent licenses on the application must be issued on an alternating basis between two-year licenses and one-year licenses. Licenses expire May thirty-first of the year designated on the license. Licenses issued for a licensing period expiring after May 31, 1994, must be issued for two years. This section does not prevent the commission from refusing to issue a license for failure to remit taxes, fees, penalties, or interest due and payable under Title 12.

(2) The commission shall charge one-half of the biennial license for one-year licenses issued during the conversion process."

SECTION 121. Section 12-21-2720 of the 1976 Code is amended to read:

"Section 12-21-2720. (A) Every person who maintains for use or permits the use of, on a place or premises occupied by him, one or more of the following machines or devices shall apply for and procure from the South Carolina Tax Commission Department of Revenue and Taxation a license effective for two years for the privilege of making use of the machine in South Carolina and shall pay for the license a tax of fifty dollars for each machine in item (1), two hundred dollars for each machine in item (2), and three thousand dollars for each machine in item (3):

(1) a machine for the playing of music or kiddy rides operated by a slot or mechanical amusement devices and juke boxes in which is deposited a coin or thing of value. A machine on which an admissions tax is imposed is exempt from the C.O.D. license provisions of this section.

(2) a machine for the playing of amusements or video games, without free play feature, or machines of the crane type operated by a slot in which is deposited a coin or thing of value and a machine for the playing of games or amusements, which has a free play feature, operated by a slot in which is deposited a coin or thing of value, and the machine is of the nonpayout pin table type with levers or `flippers' operated by the player by which the course of the balls may be altered or changed. A machine required to be licensed under this item is exempt from the license fee if an admissions tax is imposed.

(3) a machine of the nonpayout type, in-line pin game, or video game with free play feature operated by a slot in which is deposited a coin or thing of value except machines of the nonpayout pin table type with levers or `flippers' operated by the player by which the course of the balls may be altered or changed.

(B) Municipalities may increase the amount charged as license for the operation of the machines over the maximum amounts allowed before March 28, 1956, by not more than twenty percent. No municipality may limit the number of machines within the boundaries of the municipality."

SECTION 122. Section 12-21-2726 of the 1976 Code is amended to read:

"Section 12-21-2726. Every person who maintains for use or permits the use of, on any place or premises occupied by him, any machine subject to the license imposed by this article shall by way of proof of licensing have a current license attached to the machine, or alternatively the person shall have in his possession and produce on demand a receipt for a cashier's check, money order, or certified check not more than thirty days old made payable to the order of the South Carolina Tax Commission Department of Revenue and Taxation showing thereon the name or model except that those machines described in and licensed as item (3) machines may by way of proof of licensing have a current license on display at the premises occupied by him showing only the following information:

(1) the type of machine;

(2) the number of machines; and

(3) location showing the address of the machines. The owners of those machines described in and licensed as item (3) machines are specifically allowed to take advantage of those provisions of the United States Code which also authorize a tax credit for state-imposed taxes."

SECTION 123. Section 12-21-3320 of the 1976 Code is amended to read:

"Section 12-21-3320. As used in this article:

(1) `Bingo' or `game' means a specific game of chance, commonly known as bingo, in which prizes are awarded on he basis of designated numbers or symbols on a card conforming to numbers and symbols selected at random.

(2) `Commission' or `Department' means the South Carolina Tax Commission Department of Revenue and Taxation.

(3) `Card' means a printed design on which there are arranged five horizontal rows and five vertical columns forming twenty-five squares. Numbers are printed in twenty-four of the squares, and the term `free', `free square', or `free space' is printed in the square or space located in the center of the card. The five columns are denominated from left to right by the respective letters of the word `B-I-N-G-O'. Each square in the `B' column contains a number from one through fifteen inclusive; each square in the `I' column contains a number from sixteen through thirty inclusive; except for the center space which is marked as free, each square in the `N' column contains a number from thirty-one through forty-five inclusive; each square in the `G' column contains a number from forty-six through sixty inclusive; and each square in the `O' column contains a number from sixty-one through seventy-five inclusive. No number may appear twice on the same card.

(4) `Promoter' means an individual, corporation, partnership, or organization compensated either by salary or percentage of the games' proceeds or both to manage, operate, or conduct the licensee's bingo game. The person hired under written contract is considered the promoter.

(5) `Nonprofit organization' means an organization exempt from federal income taxes pursuant to Internal Revenue Code Section 501(c)(3), 501(c)(8), or 501(c)(10).

(6) `Session' means a consecutive series of games which must occur only between twelve o'clock noon and twelve a.m. of the following day. No more than one session may occur during the permitted period.

(7) `Fair' means a recognized annual state or county fair. The fair must be recognized by the governing body of the county in which it is held, or in the case of the State, by the South Carolina Agricultural and Mechanical Society.

(8) `Gross proceeds' means the total amount received from the sale of bingo cards and entrance fees charged at locations in which the bingo is conducted.

(9) `Ball' means a ball, disk, square, or other object upon which is printed a letter and number which corresponds to the letter and number of a square on a bingo card.

(10) `Cage' means a device, whether operated manually or by air blower, in which bingo balls are placed before the bingo game begins.

(11) `Caller' means the house representative who is responsible for drawing bingo balls and announcing to the players the result of each drawing.

(12) `Drawing' means the indiscriminate selection of a single ball from the cage.

(13) `House' means the nonprofit organization licensed with the commission.

(14) `Marker' means a device which indicates the number called.

(15) `Master-board' means the receptacle used by the house to display balls which are drawn during the bingo game.

(16) `Player' means one who participates in a game of bingo other than as an agent, promoter, or representative of the house.

(17) `Fund' means the Parks and Recreation Development Fund.

(18) `Building' means a structure surrounded by exterior walls or permanent firewalls."

SECTION 124. Section 12-21-3441 of the 1976 Code is amended to read:

"Section 12-21-3441. In addition to the bingo taxes levied under the provisions of Section 12-21-3440(B) of the 1976 Code, and beginning July 1, 1991, an additional one dollar is levied for each bingo player a session for sessions conducted by holders of a Class AA license and an additional fifty cents is levied for each bingo player a session for sessions conducted by holders of a Class B license each fiscal year. Nine hundred forty-eight thousand dollars of the total revenues received from bingo taxes as provided by Section 12-21-3440 and collected by the Tax Commission Department of Revenue and Taxation must be deposited monthly in equal amounts into an account in the office of the State Treasurer and called `Commission on Aging Senior Citizen Centers Permanent Improvement Fund' (Fund). All interest earned on monies in the fund must be credited to the fund. The remaining revenues if any, generated by the bingo taxes must be deposited as provided in Section 12-21-3590."

SECTION 125. Section 12-21-3590 of the 1976 Code is amended to read:

"Section 12-21-3590. (A) Fifty percent of the annual revenue derived from the provisions of this article which is collected from bingo within the State must be deposited with the State Treasurer and credited to the general fund.

(B) Thirty-seven and one-half percent of the annual revenue derived from the provisions of this article which is collected from bingo within the State must be deposited by the State Treasurer in a separate fund for the Department of Parks, Recreation and Tourism entitled the Parks and Recreation Development Fund. Interest earned by this fund must be added to it and credited to its various accounts in the same proportion that the annual allocation to each account bears to the total annual distribution to the fund. Unexpended amounts in the various fund accounts must be carried forward to succeeding fiscal years except as provided in Section 51-23-30. Fund proceeds must be distributed as provided in Chapter 23 of Title 51.

(C) Twelve and one-half percent of the annual revenue derived from the provisions of this article which is collected from bingo within the State must be deposited with the State Treasurer to be credited to the account of the South Carolina Commission on Aging. This amount must be allocated to each county for distribution in home community services for the elderly as follows:

(1) One-half of the funds must be divided equally among the forty-six counties.

(2) The remaining one-half must be divided based on the percentage of the county's population age sixty and above in relation to the total state population using the latest report of the United States Bureau of the Census.

(3) The aging service providers receiving these funds must be agencies recognized by the South Carolina Commission on Aging and the Area Agencies on Aging. Section 12-21-3600. A promoter of a bingo game who pays a winner a prize valued at one thousand dollars or more shall record the name, address, and social security number of the winner and the value of the prize he received and shall report the information to the Tax Commission Department of Revenue and Taxation quarterly."

SECTION 126. Section 12-23-815 of the 1976 Code is amended to read:

"Section 12-23-815. The Tax Commission Department of Revenue and Taxation shall issue assessments for the tax provided by this article based on information provided by the Department of Health and Environmental Control and the Health and Human Services Finance Commission."

SECTION 127. Section 12-23-820 of the 1976 Code is amended to read:

"Section 12-23-820. The Tax Commission Department of Revenue and Taxation shall administer and enforce the provisions of this article, and may promulgate regulations to enforce such provisions. The hospital tax levied pursuant to this article must be collected in accordance with the provisions of Chapter 54 of Title 12."

SECTION 128. Section 12-23-830 of the 1976 Code is amended to read:

"Section 12-23-830. On the first day of each quarter, each general hospital shall remit one-fourth of its annual tax to the Tax Commission Department of Revenue and Taxation. The tax must be paid for each quarter a hospital is in operation. If a hospital ceases operations, the taxes not paid as a result of the cessation of operations must be apportioned among other hospitals in operation."

SECTION 129. Chapter 27, Title 12 of the 1976 Code is amended by adding:

"Section 12-27-35. The commission, in addition to other reporting requirements of this chapter, shall require that the taxes imposed pursuant to Chapter 27 of Title 12 be reported and aggregated by county. This information must be submitted to the commission on forms prescribed by the commission in conjunction with reports that are submitted pursuant to Section 12-27-30."

SECTION 130. Section 12-27-270 of the 1976 Code is amended to read:

"Section 12-27-270. Gasoline purchased for and used in State-owned school buses and in State-owned administrative and service vehicles used in the pupil transportation program shall be exempt from State gasoline taxes. The State Board of Education, together with the State Highway Department Department of Transportation, and the Tax Commission, Department of Revenue and Taxation, shall determine the method and procedure for the administration of this section."

SECTION 131. Section 12-27-380 of the 1976 Code is amended to read:

"Section 12-27-380. The license tax of ten and thirty-four hundredths cents a gallon on gasoline as levied and provided for in this article must be distributed as follows: nine and thirty-four hundredths cents on each gallon must be turned over to the Department of Highways and Public Transportation for the purpose of the department and one cent a gallon must be deposited to the credit of the general fund of the State."

SECTION 132. Section 12-27-390 of the 1976 Code is amended to read:

"Section 12-27-390. (A) Commencing with the collection of gasoline taxes falling due on and after July 1, 1968, one-half of one percent of the proceeds from the gasoline tax imposed pursuant to Section 12-27-230 must be transmitted to the Department of Wildlife and Marine Resources ,Marine and Natural Resources to be placed to the credit of a special water recreational resources fund of the state treasury and all balances in the fund must be carried forward each year so that no part of it reverts to the General Fund of the State. All of the funds must be allocated based upon the number of boats or other watercraft registered in each county pursuant to law and expended, subject to the approval of a majority of the county legislative delegation, including a majority of the resident senators, if any, for the purpose of water recreational resources. The amounts allocated must be deducted from the gross proceeds of the gasoline tax imposed under Section 12-27-230 before net proceeds to be distributed to the Department of Highways and Public Transportation and counties pursuant to Section 12-27-380 are determined. This section does not reduce the one cent per gallon license tax now being distributed to the counties pursuant to Section 12-27-380.

(B) The governing body of any coastal county, upon recommendation of a majority of the legislative delegation, including a majority of the resident senators, shall refund to any person purchasing gasoline for use in commercial or charter fishing boats operated exclusively in the coastal waters of this State all or a portion of the state tax on the gasoline returned to the county pursuant to this section. The refund, if any, must be made pursuant to regulations established by the governing body of the county.

(C) The Department of South Carolina Wildlife, Marine and Natural Resources and Marine Resources Department must be reimbursed for engineering, design, and rehabilitation costs incurred in the administration of the provisions of this section. Funds for reimbursement must be transferred from funds collected under the provisions of this section."

SECTION 133. Section 12-27-400 of the 1976 Code is amended to read:

"Section 12-27-400. The monies collected by the Commission pursuant to the provisions of Section 12-27-240 must be deposited with the State Treasurer and expended on the State Highway Secondary System for construction, improvements, and maintenance and, together with any other funds made available for the purpose, must be apportioned among the counties of the State in the following manner: one-third in the ratio which the land area of the county bears to the total land area of the State; one-third in the ratio which the population of the county bears to the total population of the State as shown by the latest official decennial census; and one-third in the ratio which the mileage of all rural public roads in the county bears to the total rural road mileage in the State as shown by the latest official records of the Department of Highways and Public Transportation.

Seventy-five percent of a county's apportionment of `C' construction funds may be expended for local paving or improving county roads and for street and traffic signs and other paving projects. A majority of the legislative delegation members, including a majority of the senators and a majority of the members of the House of Representatives representing the county in which the expenditures are to be made must approve the roads upon which `C' construction funds are to be expended as permitted by this paragraph and they may contract for the improvements. Roads which are improved using the seventy-five percent `C' construction funds must be maintained by the governing body of the county. Roads constructed of rock using `C' construction funds must consist of not less than one inch nor more than two and one-half inches of rock or its equivalent.

The construction, improvement, and maintenance of the farm-to-market or state secondary highway program and of roads using the seventy-five percent `C' construction funds must be at least equal to the amount of revenue derived from the tax of 2.66 cents on motor fuel.

The expenditure of funds known as `C' construction funds must have the approval of a majority of the legislative delegation members of the county in which the expenditures are to be made. The approval of the expenditure of `C' funds must be in an equitable manner in the incorporated and unincorporated areas of the county.

Each county legislative delegation must be notified by the department no later than July 30 of each year as to the balance of any unexpended C funds from the previous fiscal year. All unexpended C fund monies must remain in that account for the succeeding fiscal year and must be expended as provided for in this section."

SECTION 134. Section 12-27-405 of the 1976 Code is amended to read:

"Section 12-27-405. Acquisitions by the South Carolina Department of Highways and Public Transportation under the `C' Fund program are exempt from the requirements of all appraisal provisions of Title 28, Chapter 2 (Sections 28-2-10 et seq.), and Sections 1-11-110, 3-5-50, 3-5-100, 3-5-330, 4-17-20, 5-27-150, 5-31-420, 5-31-430, 5-31-440, 5-31-610, 5-35-10, 6-11-130, 6-23-290, 13-3-100, 13-11-80, 24-1-230, 28-3-20, 28-3-30, 28-3-140, 28-3-460, 46-19-130, 48-11-110, 48-15-30, 48-15-50, 48-17-30, 48-17-50, 49-17-1050, 49-19-1060, 49-19-1440, 50-13-1920, 50-19-1320, 51-13-780, 54-3-150, 55-9-80, 55-11-10, 57-3-700, 57-5-370, 57-5-380, 57-21-200, 57-25-190, 57-25-470, 57-25-680, 57-27-70, 58-9-2030, 58-15-410, 58-17-1200, 58-19-30, 58-27-130, 58-31-50, 59-19-200, 59-105-40, 59-117-70, 59-123-90."

SECTION 135. Section 12-27-430 of the 1976 Code is amended to read:

"Section 12-27-430. (1) Fuel ethanol means one hundred ninety-eight proof ethanol denatured in conformity with Bureau of Alcohol, Tobacco and Firearms regulations and distilled in a facility whose principal (over fifty percent) feed stock is wood, corn and its by-products, cereal grain and its by-products, potatoes and their by-products, sugar beets and their by-products, or turnips and their by-products, all of which must be grown in this State.

(2) Fuel ethanol blends are ninety percent gasoline and ten percent fuel ethanol in which the gasoline portion of the blend or the finished gasoline fuel ethanol blend meets the sulfur, distillation range, reid vapor pressure, and copper corrosion requirements contained in ASTM D-439.

(3) Effective July 1, 1988, the tax on fuel ethanol blends is nine cents a gallon until January 1, 1989, and ten cents a gallon until December 31, 1990, or until loss of revenues reaches twenty million dollars and at such time all tax incentives must be removed and the tax on fuel ethanol blends must be at the prevailing tax rate a gallon.

(4) The tax imposed in this section must be collected as provided in Chapters 27, 29, and 31 of Title 12 of the 1976 Code. The provisions for the enforcement and penalties for the violation of such provisions must be in accordance with the requirement of the aforementioned chapters of the 1976 Code. The proceeds from the imposition of the tax on fuel ethanol blends must be distributed as follows: one-fifteenth must be added to the one cent per gallon as presently apportioned to the counties as provided in Section 12-27-380, three-fifteenths must be added to the 2.66 cents per gallon as apportioned to the counties as provided in Section 12-27-400, and eleven-fifteenths must be added to the 9.34 cents per gallon as provided in Section 12-27-380. The proceeds from the imposition of the tax on fuel ethanol blends must be expended for the purposes as provided by law.

(5) In the event that the federal motor fuel tax exemption for alcohol blend is increased prior to June 30, 1992, the gasoline tax imposed on fuel ethanol blends in South Carolina must be increased by a corresponding amount.

(6) (VACANT)

(7) The South Carolina Tax Commission Department of Revenue and Taxation shall promulgate regulations for the procedures necessary to claim the tax incentives."

SECTION 136. Section 12-27-830 of the 1976 Code is amended to read:

"Section 12-27-830. The tax of one cent per gallon to be retained under this article shall be allocated six sevenths to the State Highway Department Department of Transportation and one seventh to the counties."

SECTION 137. Section 12-27-1210 of the 1976 Code is amended to read:

"Section 12-27-1210. In addition to the tax levied by Sections 12-27-230 and 12-27-240 every oil company subject to the tax imposed by those sections shall pay to the State an additional tax in an amount equal to two cents a gallon on all gasoline, combinations of gasolines, or substitutes for gasoline, sold or consigned, used, shipped, or distributed for the purpose of sale within this State. Effective January 1, 1989, the additional tax imposed by this section is increased by one cent a gallon to a total of three cents a gallon. The proceeds of the additional tax levied by this section must be used to fund the provisions of the Strategic Highway Plan for Improving Mobility and Safety as administered by the Department of Highways and Public Transportation. All provisions of this chapter apply with equal force and effect to the additional tax on gasoline levied by this section."

SECTION 138. Section 12-27-1290 of the 1976 Code is amended to read:

"Section 12-27-1290. The department must review projects on the priority list, as provided in Section 12-27-1280, for the possibility of constructing toll roads to defray the cost of these projects pursuant to the authority granted the department in Section 57-5-1330. No project may be funded by means of imposing a toll on the users of the project unless in conjunction with federal funds authorized for use on toll roads it is determined to be substantially feasible by the department. The funds derived from tolls must be returned to the Strategic Highway Plan for Improving Mobility and Safety Fund until the fund is reimbursed. Upon reimbursement, all toll charges shall cease. Section 12-27-1295. Notwithstanding any other provision of this article, when all funds available to the Department of Highways and Public Transportation to match federal highway funds are exhausted, not including `C' funds, and federal highway funds would otherwise be lost, revenues credited to the SHIMS fund established pursuant to Section 12-27-1260 may be used to match federal highway funds. Revenues in the SHIMS Fund not required to match federal highway funds must be used for SHIMS projects that are ineligible to receive federal highway funds."

SECTION 139. Section 12-27-1320(A) of the 1976 Code is amended to read:

"(A) Of total state source highway funds expended in a fiscal year on highway, bridge, and building construction, and building renovation contracts, the Department of Highways and Public Transportation shall ensure that not less than:"

SECTION 140. Section 12-27-1510 of the 1976 Code is amended to read:

"Section 12-27-1510. A person who purchases and uses gasoline and other motor fuels taxed by this chapter and Chapter 29 of this title on trucking equipment for nonhighway purposes, other than propelling a motor vehicle, may apply for a refund of or credit on the fuel tax paid. Fuel refunds or credits for nonhighway use must be in accordance with regulations set forth by the Tax Commission Department of Revenue and Taxation, and procedures used in filing for refunds or credits must be uniform with procedures required by the Internal Revenue Service. A person claiming a fuel tax refund or credit on truck equipment for nonhighway purposes shall make application to the commission on proper forms within one year from the date of purchase of motor fuel which has not been used or consumed by the purchaser before the filing of the application provided for in this section. The commission department may allow quarterly refunds for large users. If auxiliary equipment and the motor vehicle are powered off the same fuel tank, the Tax Commission Department of Revenue and Taxation shall determine what percentage of fuel is allowed for nonhighway purposes and subject to refund."

SECTION 141. Section 12-29-20 of the 1976 Code is amended to read:

"Section 12-29-20. The Tax Commission Department of Revenue and Taxation shall administer and enforce the provisions of this chapter, and may from time to time make such rules and regulations, not inconsistent with this chapter, as it may deem necessary to enforce such provisions, and such rules and regulations shall have the full force and effect of law."

SECTION 142. Section 12-29-110 of the 1976 Code is amended to read:

"Section 12-29-110. It shall be unlawful for any person to sell or deliver fuel within this State for use within this State unless such person is the holder of an uncancelled license as a supplier issued by the Tax Commission Department of Revenue and Taxation, or unless the tax on such fuel has been paid to a supplier."

SECTION 143. Section 12-29-150 of the 1976 Code is amended to read:

"Section 12-29-150. Any person who purchases, sells or uses combustible gases or liquids, except gasoline which may be used to propel a motor vehicle, shall be licensed by the Tax Commission Department of Revenue and Taxation and shall file with the Commission department, upon such forms as the Commission department may prescribe, a report which shall show the amount of such fuel purchased, sold or used; provided, that a person licensed as a supplier or a person buying fuel for use and not for resale upon which the tax has been paid at the time of the purchase shall not be required to be licensed by this section, except that any person who operates or causes to be operated motor carriers and who maintains bulk storage facilities in this State for the purpose of purchasing and storing tax paid motor fuel other than gasoline for use in such motor carriers shall secure a license and file reports as required by this section; provided, further, that any person acquiring any such fuel solely for heating purposes and not for resale or for the sole purpose of operating locomotives, farm tractors, pleasure boats or commercial watercraft, aircraft and such fuel used solely for the purpose of manufacturing or processing materials shall not be required to be licensed under this section; provided, further, that the provisions of this section shall not apply to a seller-user of liquified petroleum gas. All combustible gases and liquids not specifically reported and shown to be used for nonhighway purposes shall be taxed at the rate of thirteen cents per gallon together with interest and penalties as provided by Section 12-29-620. The Commission department may require any person required to secure a license under the provisions of this section to post a bond either by cash or by a surety company authorized to do business in this State in an amount to be determined by the Tax Commission Department of Revenue and Taxation. This section shall not apply to any person or firm maintaining storage facilities for kerosene of not more than three hundred gallons and whose average monthly sales do not exceed twelve hundred gallons. The reports required by this section shall be filed on or before the twentieth day of each month and shall show all inventories, purchases, sales and use of fuel by the licensee during the preceding calendar month."

SECTION 144. Section 12-31-20 of the 1976 Code is amended to read:

"Section 12-31-20. The South Carolina State Highway Department Department of Public Safety shall enforce the provisions of this chapter with respect to the possession of correct registration and display of proper identification markers. The South Carolina Tax Commission shall administer and enforce the provisions of this chapter, except the provisions respecting possession of registration and display of identification markers."

SECTION 145. Section 12-31-50 of the 1976 Code is amended to read:

"Section 12-31-50. When any person is discovered in this State operating a vehicle in violation of any of the provisions of this chapter, it shall be unlawful for anyone thereafter to operate such vehicle on the streets or highways in this State except to remove it from the street or highway for the purpose of parking or storing it unless and until a bond in the amount of five hundred dollars is furnished to the State Highway Department Department of Public Safety in such form and with such surety or sureties or otherwise as it may prescribe, conditioned upon a proper registration card and identification marker being applied for within ten days and conditioned upon the payment of any taxes, penalties, or interest found to be due pursuant to this chapter."

SECTION 146. Section 12-31-270 of the 1976 Code is amended to read:

"Section 12-31-270. The registration card shall be carried in the vehicle for which it was issued at all times when the vehicle is in this State. The identification marker shall be attached or affixed to the vehicle in the place and manner prescribed by the State Highway Department Department of Public Safety so that it is clearly displayed at all times, and it shall at all times be kept clearly legible."

SECTION 147. Section 12-31-280 of the 1976 Code is amended to read:

"Section 12-31-280. In addition to the penalties herein provided, the South Carolina Tax Commission may for good cause suspend or revoke any registration card or identification marker issued pursuant to this chapter and, thereupon, shall immediately notify the South Carolina Highway Department Department of Public Safety."

SECTION 148. Section 12-31-640 of the 1976 Code is amended to read:

"Section 12-31-640. Any person who operates or causes to be operated on any highway in this State any motor vehicle that does not carry a registration card as required by this chapter, or any motor vehicle that does not display, in the manner prescribed by this chapter or by the State Highway Department Department of Public Safety, the identification marker required by this chapter, shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than one hundred dollars. Each day's operation in violation of any provision of this section shall constitute a separate offense."

SECTION 149. Section 12-31-20 of the 1976 Code is amended to read:

"Section 12-31-20. The South Carolina State Highway Department shall enforce the provisions of this chapter with respect to the possession of correct registration and display of proper identification markers. The South Carolina Tax Commission Department of Revenue and Taxation shall administer and enforce the provisions of this chapter, except the provisions respecting possession of registration and display of identification markers."

SECTION 150. Section 12-31-210 of the 1976 Code is amended to read:

"Section 12-31-210. No motor carrier shall operate or cause to be operated in South Carolina any vehicle described in Section 12-31-10 until he has secured from the South Carolina Tax Commission Department of Revenue and Taxation registration card and an identification marker for each such vehicle. Persons purchasing new equipment or corporations moving new equipment into this State which are required to be registered under this chapter may have not exceeding ten days to register such new equipment."

SECTION 151. Section 12-31-230 of the 1976 Code is amended to read:

"Section 12-31-230. The South Carolina Tax Commission Department of Revenue and Taxation shall prepare forms for use in making applications for registration cards and identification markers in accordance with this chapter, and the applicant shall furnish all the information required by such forms before a registration card or identification marker is issued."

SECTION 152. Section 12-31-240 of the 1976 Code is amended to read:

"Section 12-31-240. The registration card and the identification marker shall be of such form as the South Carolina Tax Commission Department of Revenue and Taxation may prescribe. Each identification marker shall bear a number which shall be the same as the number appearing on the registration card for the same vehicle."

SECTION 153. Section 12-31-250 of the 1976 Code is amended to read:

"Section 12-31-250. (A) A motor carrier operating motor vehicles in this State shall apply to the South Carolina Tax Commission Department of Revenue and Taxation biennially for a registration card and identification marker for each power unit it operates in this State. For issuing each registration card and identification marker, a fee of eight dollars must be paid to the commission upon application. For a registration card and identification marker issued during the second year of the biennial period, a fee of four dollars must be paid to the commission. A person violating this section, upon conviction, must be punished as provided in Section 12-31-630.

(B) No card or marker may be issued by the commission until the fee provided in this section is paid. Thirty percent of the fees provided by this section must be credited to the State Highway Fund. The remaining portion of the fees must be deposited to the credit of the general fund of the State."

SECTION 154. Section 12-31-260 of the 1976 Code is amended to read:

"Section 12-31-260. The registration cards and markers provided for must be issued for the period beginning April first each biennium and are valid until March thirty-first of the biennium. Registration cards and markers that expire September 30, 1992, are extended until March 31, 1993. Beginning October 1, 1992, the South Carolina Tax Commission Department of Revenue and Taxation shall issue biennial registration cards and markers that expire March 31, 1995. All identification markers remain the property of the State."

SECTION 155. Section 12-31-280 of the 1976 Code is amended to read:

"Section 12-31-280. In addition to the penalties herein provided, the South Carolina Tax Commission Department of Revenue and Taxation may for good cause suspend or revoke any registration card or identification marker issued pursuant to this chapter and, thereupon, shall immediately notify the South Carolina Highway Department."

SECTION 156. Section 12-31-420 of the 1976 Code is amended to read:

"Section 12-31-420. The amount of tax due must be calculated upon the amount of gasoline or other motor fuel used by the motor carrier in its operation within this State during the reporting period. The Tax Commission Department of Revenue and Taxation shall develop forms to reflect the tax due in accordance with nationally recognized standards."

SECTION 157. Section 12-31-610 of the 1976 Code is amended to read:

"Section 12-31-610. Whenever it is discovered that any person has failed to pay the taxes, penalties, or interest, or any part thereof due pursuant to this chapter, the South Carolina Tax Commission Department of Revenue and Taxation is hereby authorized to make an assessment with respect thereto and there shall be added to such assessment a penalty of twenty-five per cent thereof and interest at the rate of one half of one per cent per month or fraction of a month from the time the said tax, penalty, or interest became due until paid."

SECTION 158. Section 12-31-620 of the 1976 Code is amended to read:

"Section 12-31-620. Should any motor carrier fail, neglect, or refuse to file the report or to pay the tax due thereon within thirty days after the date for the filing of such report and the payment of the tax as provided in this chapter, the South Carolina Tax Commission Department of Revenue and Taxation shall calculate the tax on the basis of the best information available to it and shall assess the tax, together with penalty and interest above provided and, in addition, the penalty provided by Section 12-31-630."

SECTION 159. Section 12-33-70 of the 1976 Code is amended to read:

"Section 12-33-70. The Tax Commission Department of Revenue and Taxation may from time to time make such reasonable regulations, not inconsistent with Chapter 3, Chapter 7, and Article 3 of Chapter 13, all of Title 61, or with the general laws of the State, as the Commission shall deem necessary to carry out and enforce any other provisions of law relating to the enforcement, collection and payment of the license taxes provided in Chapter 3, Chapter 7, and Article 3 of Chapter 13, all of Title 61 and this chapter and to prevent the evasion of such provisions and the failure or refusal of any person subject thereto to pay such taxes.

And the Commission may from time to time alter, repeal or amend such regulations or any of them. Such regulations shall be filed and published as provided for in Sections 1-1-210 to 1-1-240 and shall have the force and effect of law as provided in such sections. The Commission shall give additional notice thereof to all licensees in such manner as it may deem proper.

The wilful violation of any rule or regulation made under the provisions of this section and having the force and effect of law shall constitute a violation of Chapter 3, Chapter 7, and Article 3 of Chapter 13, all of Title 61."

SECTION 160. Section 12-33-420 of the 1976 Code is amended to read:

"Section 12-33-420. Every licensed wholesaler shall pay an additional tax of fifty-six cents on each standard case of alcoholic liquors sold. The tax shall be paid to and collected by the Tax Commission Department of Revenue and Taxation in the same manner and with like penalties as provided in Sections 12-33-460 and 12-33-470. The proceeds of the tax shall be deposited into the State Treasury to the credit of the state's general funds, and shall not be subject to the provisions of Section 12-33-30, as amended, relating to the distribution of alcoholic liquor revenue to counties and municipalities."

SECTION 161. Section 12-33-480 of the 1976 Code is amended to read:

"Section 12-33-480. The tax levied in Sections 12-33-410 and 12-33-460 shall be due and payable on or before the twentieth day of the month next succeeding the month in which the tax accrues. On or before the twentieth day of each month every person on whom the tax is levied or imposed by Sections 12-33-410 and 12-33-460 shall render to the Commission department, on a form prescribed by it, a statement showing the number of cases of alcoholic liquors sold for the next preceding month, together with such other information as the Commission department may require. At the same time the report is filed, the person shall pay to the Commission department the amount of taxes due. The taxes provided in Sections 12-33-410 and 12-33-460 constitute a debt payable to the State by the persons against whom they are charged and all the taxes, penalties, and assessments constitute a first lien upon all property of such persons. The taxes, penalties, or interest in this section must be assessed and collected in the same manner and with like effect as other taxes are assessed and collected by the Tax Commission Department of Revenue and Taxation. A return is considered filed on time if it is mailed and postmarked on or before the date it is required by law to be filed. Any person failing to file a return required by this section must be assessed a penalty of not more than one thousand dollars which must be assessed and collected in the same manner and with like effect as other taxes collected by the Tax Commission Department of Revenue and Taxation. Any person required by this section to pay any tax and who fails to do so within the time allotted shall pay, in addition to the tax, a penalty of twenty-five percent of the tax and interest at one half of one percent per month or fraction of a month from the date the tax was originally due to the date of the payment of the tax and penalty. The Tax Commission Department of Revenue and Taxation may in its discretion waive or reduce the penalty or interest or any part thereof prescribed in this section. The provisions of Section 12-33-450 shall determine the payment of taxes for the month of June."

SECTION 162. Section 12-33-485 of the 1976 Code is amended to read:

"Section 12-33-485. When a return required by this chapter is filed and the taxes shown due on the return are paid in full on or before the final due date, including any date to which the time for making the return and paying the tax has been extended by the Tax Commission Department of Revenue and Taxation, the person must be allowed a discount equal to one percent of the taxes shown to be due by the return. In no case shall any discount be allowed if either the return or the tax thereon is received by the Commission department after the date due, or after the expiration of any extension granted by the Commission department. The discount permitted a person under this section shall not exceed forty thousand dollars during any one fiscal year."

SECTION 163. Section 12-33-620 of the 1976 Code is amended to read:

"Section 12-33-620. The officer discovering the mixture subject to tax under Section 12-33-610 shall notify, in writing, the Tax Commission Department of Revenue and Taxation, advising it of the quantity discovered, together with the name and address of the person liable therefor. The Commission department shall send by registered mail duplicate notices to the officer and the person liable for the tax giving the amount due and allowing ten days from the date of receipt of such notice for the payment of such tax."

SECTION 164. Section 12-33-630 of the 1976 Code is amended to read:

"Section 12-33-630. After the expiration of the ten-day notice provided for by Section 12-33-620, if the tax remains unpaid, the amount of such tax shall be deemed a debt to the State by the person liable therefor and shall be a lien upon all property of such person in this State. The Tax Commission Department of Revenue and Taxation shall issue a warrant under its hand and official seal, directing any duly authorized agent of the Commission department to proceed to the levy and collection of the tax and costs in the same manner and with like effect as provided for by Sections 12-53-10 to 12-53-60."

SECTION 165. Item (24) of Section 12-35-550 is amended to read:

"(24) The gross proceeds of sales of motor vehicles, trailers, semitrailers and pole trailers of a type required to be registered and licensed sold to nonresidents for immediate transportation to and use in another state; provided, the purchaser shall furnish an affidavit to the seller who shall furnish a copy thereof to the South Carolina Tax Commission Department of Revenue and Taxation as to the state in which such vehicle will be registered and operated and the street, city and state address of the purchaser; provided, further, in order for the seller to claim the exemption, the affidavit must be filed with the sales and use tax return for the month in which the sale is made and the return must be filed within the period provided by statute; provided, further, that in addition to all other penalties and fines provided by law, any person who falsifies or conspires to falsify such affidavit or any seller who fails to furnish the Tax Commission Department of Revenue and Taxation with a copy of such affidavit in the manner prescribed above, shall be subject, in addition to the tax on such transaction, to a penalty to be assessed and collected by the South Carolina Tax Commission Department of Revenue and Taxation in the manner provided in this chapter in an amount not to exceed one thousand dollars and shall be guilty of a misdemeanor and upon conviction shall be fined not more than one thousand dollars or be imprisoned for not more than one year or both in the discretion of the court."

SECTION 166. Section 12-35-560 of the 1976 Code is amended to read:

"Section 12-35-560. Any person fifty years of age or over and any person who is totally and permanently disabled as defined by Section 12-37-250 shall not be required to pay sales tax on medicine and prosthetic devices sold by prescription.

The Tax Commission Department of Revenue and Taxation shall make such rules and regulations as may be necessary to carry out the provisions of this section."

SECTION 167. Section 12-35-600 of the 1976 Code is amended to read:

"Section 12-35-600. When the total tax for which any person may be liable under this article does not exceed one hundred dollars for any month, a quarterly return and remittance in lieu of the monthly returns may be made on or before the twentieth day of the month next succeeding the end of the quarter for which the tax is due, when specifically authorized by the Tax Commission Department of Revenue and Taxation and under such rules and regulations as may be prescribed."

SECTION 168. Section 12-35-810 of the 1976 Code is amended to read:

"Section 12-35-810. An excise tax is imposed on the storage, use or other consumption in this State of tangible personal property purchased at retail for storage, use or other consumption in this State, at the rate of four percent of the sales price of such property, regardless of whether the retailer is or is not engaged in business in this State.

Notwithstanding any other provision of law, a use tax at the rate of four percent of the value hereinafter prescribed is hereby levied upon the storage or use in this State of any motor vehicles, machines, machinery, tools, or other equipment, or other tangible personal property, brought, imported, or caused to be brought into this State for use in constructing, building, or repairing any building, highway, street, sidewalk, bridge, culvert, sewer or water system, drainage or dredging system, railway system, reservoir or dam, power plant, pipeline, transmission line, tower, dock, wharf, excavation, grading or other improvement or structure, or any part thereof. The owner, or if the property is leased, the lessee of any such motor vehicles, machines, machinery, tools or other equipment, or other tangible personal property, shall be liable to the tax provided herein, to be computed as prescribed below. The useful life of such motor vehicles, machines, machinery, tools, or other equipment, or other tangible personal property shall be determined by the Commission in accordance with the experience and practices of the building and construction trade. The use tax provided for herein shall be computed on the basis of such proportion of the original purchase price of such property as the duration of time of use in this State bears to the total useful life thereof. The tax herein provided shall become due immediately upon such property being brought into this State, and in the absence of satisfactory evidence as to the period of use intended in this State, it shall be presumed that the property will remain in this State for the remainder of its useful life. But the use in this State of any motor vehicles, machines, or machinery previously purchased at retail for use in another state and actually placed into substantial use in another state before being brought, imported or caused to be brought into this State by the owner thereof for use in constructing or repairing its own buildings, structures or other property, shall not be subject to the tax provided in this section. Provided, however, that should any other state levy a sale or use tax against the property of a person or company of this State engaged in the construction business without an allowance for the period of use of such property in such other state or without an allowance for the reasonable depreciation in value of the property so used in such other state, then the Commission, in its discretion, shall be authorized to levy the tax prescribed in this section against the property of a person or company of such other state engaged in the construction business when such property is brought into this State for use, storage or consumption. The tax shall be measured by the original purchase price of such property without regard to any proration for period of use, storage or consumption of such property in this State or for any depreciation in value of such property when brought into this State. Provided, however, that a sales or use tax legally due and paid to another state on such motor vehicles, machines, machinery, tools or other equipment brought, imported, or caused to be brought into this State for use in constructing, building, or repairing any building, highway, street, sidewalk, bridge, culvert, sewer or water system, drainage or dredging system, railway system, reservoir or dam, power plant, pipeline, transmission line, tower, dock, wharf, excavation, grading or other improvement or structure, or any part thereof shall be allowed as a credit in an amount not to exceed the tax due this State, but only if such other state grants substantially similar tax credits on tangible personal property purchased in South Carolina. If the amount of tax paid in another state is not equal to or greater than the amount of tax imposed by this article, the purchaser shall pay to the Tax Commission Department of Revenue and Taxation an amount sufficient to make the tax paid in the other state and this State equal to the amount imposed by this article.

All provisions of this chapter not directly in conflict with the provisions of this section shall be applicable with respect to the matters herein set forth. The use, storage, or consumption of such property when purchased for use in this State shall be subject to the full amount of use tax provided in this section regardless of the period of intended use in this State."

SECTION 169. Section 12-35-1160 of the 1976 Code is amended to read:

"Section 12-35-1160. Notwithstanding any other provision of law, the sales and use tax on sales of tangible personal property delivered to the purchaser in a state other than South Carolina may be transferred to the purchaser if the seller received from the purchaser a statement given under oath that the property was purchased for use, storage or consumption outside of South Carolina and that the property will not be returned for use, storage or consumption in South Carolina; provided, that the statement contains a description of the property, the date of sale, the amount of the purchase price, and the city and state of delivery. The original copy of the statement shall be attached to the sales and use tax return of the seller for the period in which the sale was made and a copy shall be retained by the seller. If any such property, for which a statement provided for by this section is received by the seller, is subsequently used, stored or consumed in this State the sales and use tax due on such property shall be the liability of the purchaser and, in addition, the South Carolina Tax Commission Department of Revenue and Taxation shall add a penalty in an amount equal to fifty per cent of the tax. The Tax Commission Department of Revenue and Taxation may forward a copy of any such statement to the Revenue Department of the state of delivery."

SECTION 170. Section 12-35-1400 of the 1976 Code is amended to read:

"Section 12-35-1400. Any person or officer or employee of any corporation or member or employee of any partnership who, with intent to evade any requirement of this chapter or any lawful requirement of the Tax Commission Department of Revenue and Taxation under this chapter, shall fail to pay any tax, make, sign or verify any return, supply any information required by or under such provisions, or fail to acquire necessary licenses required by such provisions, or who, with like intent shall make, render, sign or verify any false or fraudulent return or statement required by this chapter, or supply any false or fraudulent information required by this chapter, shall be liable to a penalty of five hundred dollars to be recovered by the Attorney General, in the name of the people, by action in any court of competent jurisdiction located in the county where such defendant resides and shall also be guilty of a misdemeanor and, upon conviction, shall be fined not to exceed five thousand dollars or be imprisoned not to exceed five years, or both, at the discretion of the court."

SECTION 171. Section 12-36-1370(G) of the 1976 Code is amended to read:

"(G) The South Carolina Department of Highways and Public Transportation and the Aeronautics Commission Department of Transportation may not issue a license or transfer of title without first procuring from the commission information showing that the excise tax has been collected. The Department of Wildlife and Marine Resources may not license any boat or register any motor without first procuring from the commission information showing that the excise tax has been collected."

SECTION 172. Section 12-36-1710(G) of the 1976 Code is amended to read:

(G) The South Carolina Department of Highways and Public Transportation and the Aeronautics Commission may not issue a license or transfer of title without first procuring from the commission information showing that the excise tax has been collected. The Department of Wildlife, and Marine Resources Marine and Natural Resources may not license any boat or register any motor without first procuring from the commission information showing that the excise tax has been collected."

SECTION 173. Items B(3), B(26), B(27) and B(29) of Section 12-37-220 of the 1976 Code are amended to read:

"(3) One personal motor vehicle owned or leased by any disabled veteran designated by the veteran for which special license tags have been issued by the Department of Highways and Public Transportation Public Safety under the provisions of Sections 56-3-1110 to 56-3-1130 or, in lieu of the license, if the veteran has a certificate signed by the county service officer or the Veterans Administration of the total and permanent disability which must be filed with the Tax Commission.

(26) All personal motor vehicles owned by recipients of the Medal of Honor for which special license tags have been issued by the Department of Highways and Public Transportation Public Safety under the provisions of Article 16 of Chapter 3 of Title 56 shall be exempt from state, county and municipal taxes.

(27) All personal motor vehicles, owned or issued either solely or jointly by persons required to use wheelchairs, for which special license tags have been issued by the Department of Highways and Public Transportation Public Safety under the provisions of Section 56-3-1910, are exempt from state, county, and municipal taxes.

(29) One personal motor vehicle or truck, not exceeding three-quarter ton, owned or leased by and licensed and registered in the name of any member or former member of the armed forces who was a prisoner of war (POW) in World War I, World War II, the Korean Conflict, or the Vietnam Conflict and who is a legal resident of this State, for which motor vehicle or truck a special tag has been issued by the Department of Highways and Public Transportation Public Safety in accordance with the provisions of Sections 56-3-1150 and 56-3-1160, is exempt from state, county, and municipal taxes. This exemption also extends to the surviving spouse of a qualified former POW for the lifetime or until the remarriage of the surviving spouse."

SECTION 174. Section 12-36-2120 of the 1976 Code is amended to read:

"Section 12-36-2120. Exempted from the taxes imposed by this chapter are the gross proceeds of sales, or sales price of:

(1) tangible personal property or receipts of any business which the State is prohibited from taxing by the Constitution or laws of the United States of America or by the Constitution or laws of this State;

(2) tangible personal property sold to the federal government;

(3) textbooks, magazines, and periodicals used as a part of a course of study in primary and secondary schools and institutions of higher learning, and all books, magazines, and periodicals sold to publicly supported state, county, or regional libraries which are open to the public without charge;

(4) livestock. `Livestock' is defined as domesticated animals customarily raised on South Carolina farms for use primarily as beasts of burden, or food, and certain mammals when raised for their pelts or fur. Animals such as dogs, cats, reptiles, fowls (except baby chicks and poults), and animals of a wild nature, are not considered livestock;

(5) feed used for the production and maintenance of poultry and livestock;

(6) insecticides, chemicals, fertilizers, soil conditioners, seeds, or seedlings, or nursery stock, used solely in the production for sale of farm, dairy, grove, vineyard, or garden products or in the cultivation of poultry or livestock feed;

(7) containers and labels used in:

(a) preparing agricultural, dairy, grove, or garden products for sale; or

(b) preparing turpentine gum, gum spirits of turpentine, and gum resin for sale. For purposes of this exemption, containers mean boxes, crates, bags, bagging, ties, barrels, and other containers;

(8) newsprint paper, newspapers, and religious publications, including the Holy Bible and the South Carolina Department of Agricultures The Market Bulletin;

(9) coal, or coke or other fuel sold to manufacturers, electric power companies, and transportation companies for:

(a) use or consumption in the production of by-products;

(b) the generation of heat or power used in manufacturing tangible personal property for sale. For purposes of this item, `manufacturer' or `manufacturing' includes the activities of a processor;

(c) the generation of electric power or energy for use in manufacturing tangible personal property for sale; or

(d) the generation of motive power for transportation. For the purposes of this exemption, `manufacturer' or `manufacturing' includes the activities of mining and quarrying;

(10)(a) meals or foodstuffs used in furnishing meals to school children, if the sales or use are within school buildings and are not for profit;

(b) meals or foodstuffs provided to elderly or disabled persons at home by nonprofit organizations that receive only charitable contributions in addition to sale proceeds from the meals;

(11)(a) toll charges for the transmission of voice or messages between telephone exchanges;

(b) charges for telegraph messages; and

(c) carrier access charges and customer access line charges established by the Federal Communications Commission or the South Carolina Public Service Commission;

(12) water sold by public utilities, if rates and charges are of the kind determined by the Public Service Commission, or water sold by nonprofit corporations organized pursuant to Sections 33-35-10 to 33-35-170;

(13) fuel, lubricants, and supplies for use or consumption aboard ships in intercoastal trade or foreign commerce. This exemption does not exempt or exclude from the tax the sale of materials and supplies used in fulfilling a contract for the painting, repair, or reconditioning of ships and other watercraft;

(14) wrapping paper, wrapping twine, paper bags, and containers, used incident to the sale and delivery of tangible personal property;

(15) gasoline or other motor vehicle fuels taxed at the same rate as gasoline, fuels used in farm machinery, farm tractors, and commercial fishing vessels, and clean alternative transportation fuels as defined in regulation by the South Carolina Tax Commission Department of Revenue and Taxation as defined by the State Energy Office. Gasoline used in aircraft is not exempted by this item;

(16) farm machinery and their replacement parts and attachments, used in planting, cultivating or harvesting farm crops, including bulk coolers (farm dairy tanks) used in the production and preservation of milk on dairy farms, and machines used in the production of poultry and poultry products on poultry farms, when such products are sold in the original state of production or preparation for sale. This exemption does not include automobiles or trucks;

(17) machines used in manufacturing, processing, compounding, mining, or quarrying tangible personal property for sale. `Machines' include the parts of machines, attachments, and replacements used, or manufactured for use, on or in the operation of the machines and which are necessary to the operation of the machines and are customarily so used. This exemption does not include automobiles or trucks;

(18) fuel used exclusively to cure agricultural products;

(19) electricity used by manufacturers, miners, or quarriers to manufacture, mine, or quarry tangible personal property for sale. For purposes of this item, `manufacturer' or `manufacture' includes the activities of processors;

(20) railroad cars, locomotives, and their parts, monorail cars, and the engines or motors that propel them, and their parts;

(21) vessels and barges of more than fifty tons burden;

(22) materials necessary to assemble missiles to be used by the Armed Forces of the United States;

(23) farm, grove, vineyard, and garden products, if sold in the original state of production or preparation for sale, when sold by the producer or by members of the producers immediate family;

(24) supplies and machinery used by laundries, cleaning, dyeing, or pressing establishments in the direct performance of their primary function, but not sales of supplies and machinery used by coin-operated laundromats;

(25) motor vehicles (excluding trucks) or motorcycles, which are required to be licensed to be used on the highways, sold to a resident of another state, but who is located in South Carolina by reason of orders of the United States Armed Forces. This exemption is allowed only if, within ten days of the sale, the vendor is furnished a statement, from a commissioned officer of the Armed Forces of a higher rank than the purchaser, certifying that the buyer is a member of the Armed Forces on active duty, and a resident of another state;

(26) all supplies, technical equipment, machinery, and electricity sold to radio and television stations, and cable television systems, for use in producing, broadcasting, or distributing programs. For the purpose of this exemption, radio stations, television stations, and cable television systems are deemed to be manufacturers;

(27) all plants and animals sold to any publicly supported zoological park or garden or to any of its nonprofit support corporations;

(28) medicine and prosthetic devices sold by prescription; hypodermic needles, insulin, alcohol swabs, and blood sugar testing strips sold to diabetics under the authorization and direction of a physician; and dental prosthetic devices;

(29) Reserved;

(30) office supplies, or other commodities, and services resold by the Division of General Services of the State Budget and Control Board to departments and agencies of the state government, if the tax was paid on the divisions original purchase;

(31) vacation time sharing lease plans as provided by Chapter 32 of Title 27;

(32) natural and liquefied petroleum gas and electricity used exclusively in the production of poultry, livestock, swine, and milk;

(33) electricity, natural gas, fuel oil, kerosene, LP gas, coal, or any other combustible heating material or substance used for residential purposes. Individual sales of kerosene of twenty gallons or less by retailers are considered used for residential heating purposes;

(34) thirty-five percent of the gross proceeds of the sale of modular homes as defined in Section 31-17-20;

(35) motion picture film sold or rented to or by theaters;

(36) tangible personal property where the seller, by contract of sale, is obligated to deliver to the buyer, or to an agent or donee of the buyer, at a point outside this State or to deliver it to a carrier or to the mails for transportation to the buyer, or to an agent or donee of the buyer, at a point outside this State;

(37) petroleum asphalt products, commonly used in paving, purchased in this State, which are transported and consumed out of this State;

(38) hearing aids, as defined by Section 40-25-20(5);

(39) concession sales at a festival by an organization devoted exclusively to public or charitable purposes, if:

(a) all the net proceeds are used for those purposes;

(b) the festival is listed as a special event in the calendar of events provided by the South Carolina Department of Parks, Recreation and Tourism; and

(c) in advance of the festival, its organizers provide the commission, on a form it prescribes, information necessary to insure compliance with this item. For purposes of this item, a `festival' does not include a recognized state or county fair;

(40) containers and chassis, including all parts, components, and attachments, sold to international shipping lines which have a contractual relationship with the South Carolina State Ports Authority and which are used in the import or export of goods to and from this State. The exemption allowed by this item is effective for sales after June 30, 1982;

(41) items sold by organizations exempt under Section 12-37-220 A(3) and (4) and B(5), (6), (7), (8), (12), (16), (19), (22), and (24), if the net proceeds are used exclusively for exempt purposes and no benefit inures to any individual. An organization whose sales are exempted by this item is also exempt from the retail license tax provided in Article 5 of this chapter. The exemption allowed by this item is effective for sales after June 30, 1989;

(42) depreciable assets, used in the operation of a business, pursuant to the sale of the business. This exemption only applies when the entire business is sold by the owner of it, pursuant to a written contract and the purchaser continues operation of the business. The exemption allowed by this item is effective for sales after June 30, 1987.

(43) all supplies, technical equipment, machinery, and electricity sold to motion picture companies for use in filming or producing motion pictures. For the purposes of this item, `motion picture' means any audiovisual work with a series of related images either on film, tape, or other embodiment, where the images shown in succession impart an impression of motion together with accompanying sound, if any, which is produced, adapted, or altered for exploitation as entertainment, advertising, promotional, industrial, or educational media; and a `motion picture company' means a company generally engaged in the business of filming or producing motion pictures;

(44) electricity used to irrigate crops;

(45) gross proceeds from the sale of building materials, supplies, fixtures, and equipment for the construction, repair, or improvement of or that become a part of a self-contained enclosure or structure specifically designed, constructed, and used for the commercial housing of poultry or livestock.

(46) War memorials or monuments honoring units or contingents of the Armed Forces of the United States or of the National Guard, including United States military vessels, which memorials or monuments are affixed to public property;"

SECTION 175. Section 12-36-2660 of the 1976 Code is amended to read:

"Section 12-36-2660. The Tax Commission Department of Revenue and Taxation shall administer and enforce the provisions of this chapter."

SECTION 176. Section 12-37-220 of the 1976 Code is amended to read:

"Section 12-37-220. (A) Pursuant to the provisions of Section 3 of Article X of the State Constitution, there shall be exempt from ad valorem taxation:

(1) all property of the State, counties, municipalities, school districts, Water and Sewer Authorities and other political subdivisions, if the property is used exclusively for public purposes, and it shall be the duty of the Tax Commission Department of Revenue and Taxation and county assessor to determine whether such property is used exclusively for public purposes;

(2) all property of all schools, colleges and other institutions of learning and all charitable institutions in the nature of hospitals and institutions caring for the infirmed, the handicapped, the aged, children and indigent persons, except where the profits of such institutions are applied to private use;

(3) all property of all public libraries, churches, parsonages and burying grounds;

(4) all property of all charitable trusts and foundations used exclusively for charitable and public purposes;

(5) all household goods and furniture used in the home of the owner of such goods and furniture, such to include built-in equipment such as ranges, dishwashers and disposals, but this exemption shall not apply to household goods used in hotels, rooming houses, apartments or other places of business;

(6) all inventories of manufacturers, except manufactured articles which have been offered for sale at retail or which have been available for sale at retail. Fuel, including but not limited to uranium, special nuclear material, nuclear fuel, fossil fuel, coal, cellulose, wood or solid, liquid or gaseous hydrocarbons, held by a public utility, an affiliated interest of such public utility as defined in Section 58-27-2090 or a subsidiary of such public utility, or held by a corporation, entity or trust for the use and benefit of such public utility under orders or regulations of the Public Service Commission, shall be deemed to be inventories of manufacturers.

(7) all new manufacturing establishments located in any of the counties of this State after July 1, 1977, for five years from the time of establishment and all additions to the existing manufacturing establishments located in any of the counties of this State for five years from the time each such addition is made if the cost of such addition is fifty thousand dollars or more. Such additions shall include additional machinery and equipment installed in the plant. Provided, however, that the exemptions authorized in this item for manufacturing establishments, and additions thereto, shall not include exemptions from school taxes or municipal taxes but shall include only county taxes. Provided, further, that all manufacturing establishments and all additions to existing manufacturing establishments exempt under statutes in effect February 28, 1978, shall be allowed their exemptions provided for by statute until such exemptions expire;

[For taxable years prior to January 1, 1993, (A)(8) reads as follows:]

(8) all facilities or equipment of industrial plants which are designed for the elimination, mitigation, prevention, treatment, abatement or control of water, air or noise pollution; provided, that at the request of the Tax Commission Department of Revenue and Taxation the Department of Health and Environmental Control shall investigate the property of any manufacturer or company in the State to determine the portion of the property of the manufacturer or company that qualifies as a pollution control facility. Upon investigation of the property of the manufacturer or company the Department shall furnish the Commission with a detailed listing of the property of the manufacturer or company that qualifies as a pollution control facility. Provided, further, that when facilities or equipment are installed or constructed specifically to improve or maintain the quality of the air or abate noise inside an industrial plant, the Department of Labor, at the request of the Commission, shall conduct the necessary investigations and furnish the Commission with listings of property which qualify as air or noise pollution control facilities for the protection of the health and safety of employees at the industrial plant concerned;

[For taxable years beginning after December 31, 1992, (A)(8) reads as follows:]

(8) all facilities or equipment of industrial plants which are designed for the elimination, mitigation, prevention, treatment, abatement, or control of water, air, or noise pollution, both internal and external, required by the state or federal government and used in the conduct of their business. At the request of the Tax Commission Department of Revenue and Taxation the Department of Health and Environmental Control shall investigate the property of any manufacturer or company, eligible for the exemption to determine the portion of the property that qualifies as pollution control property. Upon investigation of the property, the department shall furnish the commission with a detailed listing of the property that qualifies as pollution control property. For equipment that serves a dual purpose of production and pollution control, the value eligible for the ad valorem exemption is the difference in cost between this equipment and equipment of similar production capacity or capability without the ability to control pollution;

(9) a homestead exemption for persons sixty-five years of age and older, for persons permanently and totally disabled and for blind persons in an amount to be determined by the General Assembly of the fair market value of the homestead under conditions prescribed by the General Assembly by general law;

(10) intangible personal property. The exemptions provided in items (3) and (4) for real property shall not extend beyond the buildings and premises actually occupied by the owners of such real property.

(B) In addition to the exemptions provided in subsection A the following classes of property shall be exempt from ad valorem taxation subject to the provisions of Section 12-3-145:

(1) The dwelling house in which he resides and a lot not to exceed one acre of land owned in fee or for life, or jointly with a spouse, by any veteran who is one hundred percent permanently and totally disabled from a service-connected disability, if the veteran files a certificate signed by the county service officer of the total and permanent disability with the State Tax Commission Department of Revenue and Taxation. The exemption is allowed the surviving spouse of the veteran and is also allowed to the surviving spouse of a serviceman killed in action in the line of duty who owned the lot and dwelling house in fee or for life, or jointly with his spouse, so long as the spouse does not remarry, resides in the dwelling, and obtains by devise the fee or a life estate in the dwelling. A surviving spouse who disposes of the exempt dwelling and acquires another residence in this State for use as a dwelling house with a value no greater than one and one-half times the fair market value of the exempt dwelling may apply for and receive the exemption on the newly acquired dwelling, but no subsequent dwelling of a surviving spouse is eligible for exemption under this item. The spouse shall inform the Tax Commission Department of Revenue and Taxation of the change in address of the dwelling. The dwelling house is defined as a person's legal residence.

(2) The dwelling house in which he resides and a lot not to exceed one acre of land owned in fee or for life, or jointly with his or her spouse, by a paraplegic or hemiplegic person, is exempt from all property taxation provided the person furnishes satisfactory proof of his disability to the State Tax Commission Department of Revenue and Taxation. The exemption is allowed to the surviving spouse of the person so long as the spouse does not remarry, resides in the dwelling, and obtains by devise the fee or a life estate in the dwelling. The dwelling house is defined as the person's legal residence. For purposes of this item, a hemiplegic person is a person who has paralysis of one lateral half of the body resulting from injury to the motor centers of the brain.

(3) One personal motor vehicle owned or leased by any disabled veteran designated by the veteran for which special license tags have been issued by the Department of Highways and Public Transportation Public Safety under the provisions of Sections 56-3-1110 to 56-3-1130 or, in lieu of the license, if the veteran has a certificate signed by the county service officer or the Veterans Administration of the total and permanent disability which must be filed with the Tax Commission Department of Revenue and Taxation.

(4) All property of any kind of a nonprofit corporation created for the purpose of providing water supply or sewage disposal, or a combination of such services, organized pursuant to SS 33-35-10 and 33-35-170.

(5) All property of the American Legion, the Veterans of Foreign Wars, the Spanish American War Veterans, the Disabled American Veterans, and Fleet Reserve Association or any similar Veterans Organization chartered by the Congress of the United States, whether belonging to the department or to any of the Posts in this State when used exclusively for the purpose of such organization and not used for any purpose other than club rooms, offices, meeting places or other activities directly in keeping with the policy stated in the National Constitution of such organization, and such property is devoted entirely to its own uses and not held for `pecuniary profit'. For the purposes of this item `pecuniary profit' refers to income received from the sale of alcoholic beverages to persons other than bona fide members and their bona fide guests, or any income, any part of which inures to the benefit of any private individual. Where any structure or parcel of land is used partly for the purposes of such organization and partly for such pecuniary profits, the area for pecuniary profits shall be assessed separately and that portion shall be taxed.

(6) All property owned and used or occupied by any Young Women's Christian Association, Young Men's Christian Association or the Salvation Army in this State and used for the purpose of or in support of such organizations but the exemption herein provided shall not apply to such portions of any such property rented for purposes not related to the functions of the organization.

(7) All property owned and used or occupied by The Boy's or Girl's Scouts of America and used exclusively for the purposes of those organizations.

(8) Properties of whatever nature or kind owned within the State and used or occupied by the Palmetto Junior Homemakers Association, the New Homemakers of South Carolina, the South Carolina Association of Future Farmers of America and the New Farmers of South Carolina, so long as such properties are used exclusively to promote vocational education or agriculture, better business methods and more effective organization for farming or to encourage thrift or provide recreation for persons studying agriculture or home economics in the public schools.

(9) All wearing apparel of the person required to make a return and of the family of such person.

(10) Notwithstanding any other provisions of law, the property of telephone companies and rural telephone cooperatives operating in this State used in providing rural telephone service, which was exempt from property taxation as of December 31, 1973, shall be exempt from such property taxation; provided, however, that the amount of property subject to ad valorem taxation of any such company or cooperative in any tax district shall not be less than the net amount to which the tax millage was applied for the year ending December 31, 1973. Any property in any tax district added after December 31, 1973, shall likewise be exempt from property taxation in the proportion that the exempt property of such company or cooperative as of December 31, 1973, in that tax district was to the total property of such company or cooperative as of December 31, 1973, in that tax district.

(11) All property of nonprofit housing corporations devoted exclusively to providing below-cost housing for the aged or for handicapped persons or for both aged and handicapped persons as authorized by Section 202 of the Housing Act of 1959 and regulated by regulations that appear in the Federal Register, 24 CFR Part 885. The reference date of the Housing Act of 1959 is as provided in Section 12-7-20(11).

(12) The property of any fraternal society, corporation or association, when the property is used primarily for the holding of its meetings and the conduct of its business and no profit or benefit therefrom shall inure to the benefit of any private stockholders or individuals.

(13) All agricultural products owned by the producer in this State.

(14) All farm machinery and equipment including self-propelled farm machinery and equipment except for motor vehicles licensed for use on the highways. For the purpose of this section `self-propelled farm machinery and equipment' means farm machinery or equipment which contains within itself the means for its own locomotion. For purposes of this item, farm equipment includes greenhouses.

(15) All livestock and live poultry.

(16)(a) The property of any religious, charitable, eleemosynary, educational, or literary society, corporation, or other association, when the property is used by it primarily for the holding of its meetings and the conduct of the business of the society, corporation, or association and no profit or benefit therefrom inures to the benefit of any private stockholder or individual.

[For tax years beginning before 1993, (B)(16)(b) reads as follows:]

(b) The property of any religious, charitable, or eleemosynary society, corporation, or other association when the property is acquired for the purpose of building or renovating residential structures on it for sale to economically disadvantaged persons, but this exemption may not be claimed for more than two tax years on a single property.

[For tax years beginning after 1992, (B)(16)(b) reads as follows:]

(b) The property of any religious, charitable, or eleemosynary society, corporation, or other association when the property is acquired for the purpose of building or renovating residential structures on it for not-for-profit sale to economically disadvantaged persons, but this exemption may not be claimed for more than five tax years on a single property. Further, the total properties for which the religious, charitable, or eleemosynary society, corporation, or other association may claim this exemption in accordance with this paragraph may not exceed fifteen acres per county within the State.

(17) Personal property in transit with `no situs' status as defined in Article 7 of Chapter 37 of Title 12 and subject to the record keeping requirements and penalties prescribed in that article shall not be subject to ad valorem taxation.

(18) Real property leased on a nonprofit basis, to a state agency, county, municipality or other political subdivision so long as it is used for a general public purpose; provided, however, this exemption shall not apply to property used for office space or warehousing.

(19) All property owned by Volunteer Fire Departments and Rescue Squads used exclusively for the purposes of such departments and squads.

(20) All property of nonprofit museums which is used exclusively for such purpose.

(21) All property leased to and operated by the South Carolina Public Service Authority for the generation or transmission of electric power shall be deemed for all tax purposes to be property of the Authority and exempt from ad valorem taxes.

(22) All community owned recreation facilities opened to the general public and operated on a nonprofit basis.

(23) Notwithstanding any other provision of law, property heretofore exempt from ad valorem taxation by reason of the imposition upon such property or the owner of such property of a tax other than an ad valorem tax pursuant to the provisions of Section 12-11-30, Section 12-13-50 or Section 12-21-1080 shall continue to be entitled to such exemption.

(24) All property of nonprofit or eleemosynary community theatre companies, symphony orchestras, county and community arts councils and commissions and other such companies, which is used exclusively for the promotion of the arts.

(25) All personal property loaned or leased on a nonprofit basis to a state agency, county, municipality, or other political subdivision, or to an organization exempt from federal income tax under Internal Revenue Code Section 501 through 514 as defined in item (11) of Section 12-7-20, for at least thirty days during the tax year, so long as such personal property is used solely for the purpose of public display and not for the use of such state agency, county, municipality, or other political subdivision, or exempt organization.

(26) All personal motor vehicles owned by recipients of the Medal of Honor for which special license tags have been issued by the Department of Highways and Public Transportation under the provisions of Article 16 of Chapter 3 of Title 56 Public Safety shall be exempt from state, county and municipal taxes.

(27) All personal motor vehicles, owned or issued either solely or jointly by persons required to use wheelchairs, for which special license tags have been issued by the Department of Highways and Public Transportation under the provisions of Section 56-3-1910 Public Safety, are exempt from state, county, and municipal taxes.

(28) All carnival equipment owned, leased, or used by a foreign corporation or other nonresident of this State, not physically present within State for an aggregate of more than six months of the tax year, and having paid an ad valorem or like tax in at least one other state.

(29) One personal motor vehicle or truck, not exceeding three-quarter ton, owned or leased by and licensed and registered in the name of any member or former member of the armed forces who was a prisoner of war (POW) in World War I, World War II, the Korean Conflict, or the Vietnam Conflict and who is a legal resident of this State, for which motor vehicle or truck a special tag has been issued by the Department of Highways and Public Transportation in accordance with the provisions of Sections 56-3-1150 and 56-3-1160 Public Safety, is exempt from state, county, and municipal taxes. This exemption also extends to the surviving spouse of a qualified former POW for the lifetime or until the remarriage of the surviving spouse.

(30) All inventories.

(31) All real property of churches which extends beyond the buildings and premises actually occupied by the churches which own the real property if no profit or benefit from any operation on the churches' real property inures to the benefit of any private stockholder or individual and no income producing ventures are located on the churches' real property. This exemption does not change any exemption provided for churches or other entities in item (3) of subsection A of this section and item (c), Section 3 of Article X of the Constitution of this State but is an additional exemption for churches as provided in this item.

(32) All new corporate headquarters, corporate office facilities, distribution facilities, and all additions to existing corporate headquarters, corporate office facilities, or distribution facilities located in South Carolina, established or constructed, or placed in service, after June 27, 1988, are exempt from nonschool county ad valorem taxes for a period of five years from the time of establishment, construction, or being placed in service if the cost of the new construction or additions is fifty thousand dollars or more and seventy-five or more new jobs which are full-time are created in South Carolina. For the purpose of this exemption, the term:

(1) `new job' means any job created by an employer in South Carolina at the time a new facility or an expansion is initially staffed, but does not include a job created when an employee is shifted from an existing South Carolina location to work in a new or expanded facility;

(2) `full-time' means a job requiring a minimum of thirty-five hours of an employee's time a week for the entire normal year of company operations or a job requiring a minimum of thirty-five hours of an employee's time for a week for a year in which the employee was initially hired for or transferred to the South Carolina corporate headquarters, corporate office facility, or distribution facility and worked at a rented facility pending construction of a corporate headquarters, corporate office facility, or distribution facility;

(3) `corporate headquarters' means the location where corporate staff members or employees are domiciled and employed, and where the majority of the company's financial, personnel, legal, planning, or other business functions are handled either on a regional or national basis and must be the sole such corporate headquarters within the region or nation;

(4) `staff employee' or `staff member' means executive, administrative, or professional worker. At least eighty percent of an executive employee's business functions must involve the management of the enterprise and directing the work of at least two employees. An executive employee has the authority to hire and fire or has the authority to make recommendations related to hiring, firing, advancement, and promotion decisions, and an executive employee must customarily exercise discretionary powers. An administrative employee is an employee who is not involved in manual work and whose work is directly related to management policies or general business operations. An administrative employee must customarily exercise discretion and independent judgment. A professional employee is an employee whose primary duty is work requiring knowledge of an advanced type in a field of science or learning. This knowledge is characterized by a prolonged course of specialized study. The work must be original and creative in nature, and the work cannot be standardized over a specific period of time. The work must require consistent exercise of discretion;

(5) `region' or `regional' means a geographic area comprised of either:

(a) at least five states, including South Carolina, or

(b) two or more states, including South Carolina, if the entire business operations of the corporation are performed within fewer than five states;

(6) `corporate office facility' means the location where corporate managerial, professional, technical, and administrative personnel are domiciled and employed, and where corporate financial, personnel, legal, technical, support services, and other business functions are handled. Support services include, but are not limited to, claims processing, data entry, word processing, sales order processing, and telemarketing;

(7) `distribution facility' means an establishment where shipments of tangible personal property are processed for delivery to customers, but the term `distribution facility' does not include an establishment which operates as a location where retail sales of tangible personal property are made to customers. A distribution facility includes establishments which process customer sales orders by mail, telephone, or electronic means, if the establishment also processes shipments of tangible personal property to customers. The terms `retail sale', and `tangible personal property', for purposes of this definition, have those meanings as contained in Chapter 35 of Title 12. Certification of the required investment and the number of new jobs which are full-time and which are created must be provided by the South Carolina Tax Commission Department of Revenue and Taxation to the appropriate local tax officials.

(33) All personal property of an air carrier including aircraft used in operating an air carrier hub terminal facility in this State for a period of ten consecutive years from the date of qualification, if its qualifications are maintained. An air carrier hub terminal facility is defined in Section 55-11-500.

(34) The facilities of all new enterprises engaged in research and development activities located in any of the counties of this State, and all additions valued at fifty thousand dollars or more to existing facilities of enterprises engaged in research and development are exempt from ad valorem taxation in the same manner and to the same extent as the exemption allowed pursuant to item (7) of subsection A of Section 12-37-220 of the 1976 Code. For purposes of this section, facilities of enterprises engaged in research and development activities are facilities devoted directly and exclusively to research and development in the experimental or laboratory sense for new products, new uses for existing products, or for improving existing products. To be eligible for the exemption allowed by this section, the facility must be a separate facility devoted exclusively to research and development as defined in this section. The exemption does not include facilities used in connection with efficiency surveys, management studies, consumer surveys, economic surveys, advertising, promotion, or research in connection with literary, historical, or similar projects."

SECTION 177. Section 12-37-380 of the 1976 Code is amended to read:

"Section 12-37-380. Upon receipt of such report from the Commissioner of Agriculture showing failure to arrive at a reciprocal agreement with any state and all the facts pertinent thereto, the Governor, by executive order, shall authorize the South Carolina Tax Commission Department of Revenue and Taxation to collect such taxes and licenses in this State as are levied and collected in such other state failing and refusing to reciprocate, if any, by summarily issuing an execution against the person who shall be liable and does not pay such equivalent tax. Such execution shall be directed to any and all levying officers of this State who shall have authority to levy and collect such execution."

SECTION 178. Section 12-37-450 of the 1976 Code is amended to read:

"Section 12-37-450. (A) The inventory of business establishments shall be exempt from property taxation as follows: for the 1985 tax year, seventeen percent; for the 1986 tax years, fifty percent; for the 1987 and subsequent tax years, one hundred percent. The exemption herein provided is conditional upon the appropriation by the State to the municipalities and counties for each year an amount equal to tax revenue not collected by reason of the exemption. If the appropriation for any year is less than the amount equal to the tax revenue not collected, the exemption shall be proportionately reduced in the manner provided in (C) below. The exemption provided in this section is not allowed if the return is received by the Commission after the date due or the tax due is received by the county or municipality after the date due.

(B) Counties and municipalities must be reimbursed for the revenue lost as a result of the business inventory tax exemption based on the 1987 tax year millage and 1987 tax year assessed value of inventories in the counties and municipalities.

(C) The South Carolina Tax Commission Department of Revenue and Taxation shall annually notify each county auditor of the fair market value of merchant's inventory in the manner provided by Section 12-37-1420, which must be assessed at a six percent ratio and entered on the tax duplicate. For the purpose of implementing the business inventory tax exemption provided in this section, the assessed value will then be credited by seventeen percent for taxable year 1985, by fifty percent for taxable year 1986, and by one hundred percent for taxable year 1987 and after 1987. If, for taxable years 1986 and 1987 the State does not reimburse the counties and municipalities for the full amount of the revenue lost because of the applicable exemption, the counties and municipalities shall credit the percentage reimbursed to the merchant's account and bill the remainder to the merchant.

(D) Notwithstanding any other provision of law, business inventory exempted from property taxation in the manner provided in this section is considered taxable property in an amount equal to the 1987 tax year assessed valuation for purposes of bonded indebtedness pursuant to Sections 14 and 15 of Article X of the Constitution of this State and for purposes of computing the `index of taxpaying ability' pursuant to item (3) of Section 59-20-20."

SECTION 179. Section 12-37-970 of the 1976 Code is amended to read:

"Section 12-37-970. The assessment for property taxation of merchants' inventories, equipment, furniture and fixtures, and manufacturers' real and tangible personal property, and the machinery, equipment, furniture and fixtures of all other taxpayers required to file returns with the South Carolina Tax Commission Department of Revenue and Taxation for purposes of assessment for property taxation, must be determined by the commission department from property tax returns submitted by the taxpayers to the commission department on or before the last day of the fourth month after the close of the accounting period regularly employed by the taxpayer for income tax purposes in accordance with Chapter 7 of this title. The commission department by regulation shall prescribe the form of return required by this section, the information to be contained in it, and the manner in which the returns must be submitted. Every taxpayer required to make return to the commission department of property for assessment for property taxation must make the return to the commission department not less than once each calendar year. Whenever by a change of accounting period, or otherwise, more than one accounting period ends within any one calendar year, the taxpayer must make one such return within the prescribed time for filing following the end of each of the accounting periods and the commission department shall determine the assessment from the return setting forth the greatest value. When property required to be returned as herein provided is sold after the end of the seller's accounting year and before January first next ensuing and when the purchaser's accounting year ends after the seller's and before January first next ensuing, the property must be returned by the seller as of the end of his accounting period. The purchaser is not required to list and return the property as of the close of his accounting period during the calendar year of sale. The seller and the purchaser are jointly and singularly liable for the tax that is due and payable by reason of this provision. The provision of this section does not apply to motor vehicles licensed for use on public highways. When property required to be returned as provided in this section is sold before the end of the seller's accounting year and before January first next ensuing and when the purchaser's accounting year ends before the date of purchase and before January first next ensuing, the property must be listed and returned by the taxpayer holding title as of December thirty-first and is liable for the tax for the ensuing year. The Tax Commission Department of Revenue and Taxation shall forward the assessments prepared as a result of the returns submitted pursuant to this section to the appropriate local taxing authorities no later than August fifteenth of the applicable tax year."

SECTION 180. Section 12-37-975 of the 1976 Code is amended to read:

"Section 12-37-975. The Tax Commission Department of Revenue and Taxation may permit any person to substitute an amended return for the original return up to the last day prescribed for filing the return, including any extension of time granted by the Commission department. The Commission department in its discretion may accept or reject an amended return filed after the time prescribed for filing the return. An amended return may not operate to start or extend the limitation period for assessment and collection of taxes."

SECTION 181. Section 12-37-1120 of the 1976 Code is amended to read:

"Section 12-37-1120. All property claimed to be `no situs' under this article shall be designated as being `in transit' upon the books and records of the warehouse wherein it is located, which books and records of the warehouse shall contain a full, true and correct inventory of all such property. The books and records of any such warehouse with reference to any such `in transit' property shall be at all times open to the inspection of all taxing authorities of this State and of any political subdivision thereof. Any person making claim to `no situs' status on any property as provided for by this article shall determine the percentage of amount of `no situs' property by dividing the total property shipped during the entire latest period located in South Carolina, not exceeding thirty-six months, into the total property shipped outside the State of South Carolina during the same period. The percentage determined in accordance with this section shall be applied to the inventory on hand on the last day of the accounting period of the person to determine the amount of `no situs' property.

Any person making claim to `no situs' status of any property under this article shall do so in the form and manner prescribed by the South Carolina Tax Commission Department of Revenue and Taxation and all such claims shall be accompanied by a certification of the warehouseman as to the percentage used."

SECTION 182. Section 12-37-1130 of the 1976 Code is amended to read:

"Section 12-37-1130. If any person shall willfully deliver any statement to the South Carolina Tax Commission Department of Revenue and Taxation concerning `no situs' property containing a false statement of a material fact, whether it be an owner, shipper, his agent or a storage or warehouseman or his agent, he shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, or by imprisonment of not less than ten days nor more than six months."

SECTION 183. Section 12-37-1410 of the 1976 Code is amended to read:

"Section 12-37-1410. The South Carolina Tax Commission Department of Revenue and Taxation is hereby directed to adjust the formula used to assess merchant's inventories and merchant's equipment, furniture, and fixtures, so that the result in assessment will be reduced to eighteen percent the first year and to be reduced ratably over a period of the next two years to arrive at a fourteen percent assessment ratio."

SECTION 184. Section 12-37-1420 of the 1976 Code is amended to read:

"Section 12-37-1420. The Tax Commission Department of Revenue and Taxation shall fix the value of the inventories, machinery, equipment, furniture and fixtures for each year, and they shall certify such valuation to the several county auditors who shall place it on their records as the value of such property for taxation. Nothing herein shall be construed to affect the provisions of Section 12-37-1320."

SECTION 185. Section 12-37-1610 of the 1976 Code is amended to read:

"Section 12-37-1610. The President or designated agent of every railroad company, whose track or roadbed, or any part thereof, is located in this State, shall annually, on or before the fifteenth day of the fourth month, following the close of the company's accounting period, file a return to the South Carolina Tax Commission Department of Revenue and Taxation, under oath, on forms prescribed by the Commission. Such company shall also file a duplicate copy of the annual report to the Interstate Commerce Commission of the United States Government or a duplicate copy of the annual report required by the South Carolina Public Service Commission and any other report the Tax Commission Department of Revenue and Taxation may require that shall accurately detail all real and personal property of the company within and without this State."

SECTION 186. Section 12-37-2110 of the 1976 Code is amended to read:

"Section 12-37-2110. As used in this article, the following words shall have the following meanings:

(a) `Company' shall be deemed and construed to mean any person, copartnership, association, corporation, or syndicate that may own or operate, or be engaged in operating, furnishing, or leasing cars, as defined and described in this section, whether formed or organized under the laws of this State or any other State or territory.

(b) `Private car' includes a passenger car, sleeping car, dining car, express car, refrigerator car, oil or tank car, horse or stock car, fruit car, or any car designed for the carrying of a special commodity, operated upon the railroads in this State. `Private car' also includes any passenger train car, locomotive, or other equipment operated on the railroads in this State and owned, used or leased by the National Railroad Passenger Corporation, created under the Rail Passenger Service Act of 1970 (Public Law 91-518, 91st Congress) or any successor in interset interest other than a railroad company. `Private car' does not include freight train or passenger train cars owned by railroad companies which are used or subject to use under the ordinary per diem.

(c) `Commission' or `Department' means the South Carolina Tax Commission Department of Revenue and Taxation."

SECTION 187. Section 12-37-2410 of the 1976 Code is amended to read:

"Section 12-37-2410. As used in this article:

(a) `Aircraft' means any contrivance, used or designed for navigation or flight through the air.

(b) `Airline company' means any person who undertakes, directly or indirectly, to engage in the regularly scheduled transportation by aircraft of persons or property for hire in interstate, intrastate or international transportation.

(c) `Operated' or `operation' means landings or takeoffs of aircraft by any airline company as defined herein.

(d) `Commission' means the South Carolina Tax Commission Department of Revenue and Taxation.

(e) `Person' means any individual, corporation, firm, partnership, company or association, and includes a guardian, trustee, executor, administrator, receiver, conservator or any person acting in a fiduciary capacity therefor.

(f) `Plane hours' means and includes for each type of model of aircraft all hours in flight and all hours on the ground."

SECTION 188. Section 12-37-2650 of the 1976 Code is amended to read:

"Section 12-37-2650. The auditor shall prepare a tax notice of all vehicles owned by the same person and licensed at the same time. A notice must be in four parts and must describe the motor vehicle by name, model, and identification number. The notice must set forth the assessed value of the vehicle, the millage, the taxes due on each vehicle, and the license period or tax year. The notice must be delivered to the county treasurer and it is the treasurer's responsibility to collect or receive payment of the taxes. One copy of the notice must be in the form of a bill or statement for the taxes due on the motor vehicle and, when practical, the treasurer shall mail that copy to the owner or person having control of the vehicle. When the tax is paid, the treasurer shall issue the taxpayer two copies of the paid receipt. One copy must be delivered by the taxpayer to the South Carolina Department of Highways and Public Transportation with the application for the motor vehicle license and the other copy must be retained by the treasurer. The auditor shall maintain a separate duplicate for motor vehicles. No license may be issued without the receipt being attached to the application or a copy of the notification required by Section 12-37-2610 but the county treasurer may, by other means satisfactory to the department, transmit evidence of payment of the tax which must be accepted as evidence of payment. Motor vehicles registered under the International Reciprocity Plan may pay ad valorem property taxes on a semiannual basis, and a proportional receipt must be issued by the treasurer subject to penalties in Section 12-37-2730. The treasurer, tax collector, or other official charged with the collection of ad valorem property taxes in each county may delegate the collection of motor vehicle taxes to banks or banking institutions, if each institution assigns, hypothecates, or pledges to the county, as security for the collection, federal funds or federal, state, or municipal securities in an amount adequate to prevent any loss to the county from any cause. Each institution shall remit the taxes collected daily to the county official charged with the collections. The receipt given to the taxpayer, in addition to the information required in this section and by Section 12-45-70, must contain the name and office of the treasurer or tax collector of the county and must also show the name of the banking institution to which payment was made. The county official charged with the collection of taxes shall send a list of the institutions collecting the taxes to the South Carolina Department of Highways and Public Transportation. Each institution shall certify to the Department that the taxes have been paid, and the Department is authorized to accept certification in lieu of the tax receipt given to the taxpayer if certification contains information required by this section. Tax bills (notices) for county assessed personal property valued in accordance with applicable Tax Commission Department of Revenue and Taxation regulations must include notification of the taxpayer's appeal rights, to include a minimum amount of information of how the taxpayer should file his appeal, to whom, and within what time period."

SECTION 189. Section 12-37-2650 of the 1976 Code is amended to read:

"Section 12-37-2650. The auditor shall prepare a tax notice of all vehicles owned by the same person and licensed at the same time. A notice must be in four parts and must describe the motor vehicle by name, model, and identification number. The notice must set forth the assessed value of the vehicle, the millage, the taxes due on each vehicle, and the license period or tax year. The notice must be delivered to the county treasurer and it is the treasurer's responsibility to collect or receive payment of the taxes. One copy of the notice must be in the form of a bill or statement for the taxes due on the motor vehicle and, when practical, the treasurer shall mail that copy to the owner or person having control of the vehicle. When the tax is paid, the treasurer shall issue the taxpayer two copies of the paid receipt. One copy must be delivered by the taxpayer to the South Carolina Department of Highways and Public Transportation Public Safety with the application for the motor vehicle license and the other copy must be retained by the treasurer. The auditor shall maintain a separate duplicate for motor vehicles. No license may be issued without the receipt being attached to the application or a copy of the notification required by Section 12-37-2610 but the county treasurer may, by other means satisfactory to the department, transmit evidence of payment of the tax which must be accepted as evidence of payment. Motor vehicles registered under the International Reciprocity Plan may pay ad valorem property taxes on a semiannual basis, and a proportional receipt must be issued by the treasurer subject to penalties in Section 12-37-2730.

The treasurer, tax collector, or other official charged with the collection of ad valorem property taxes in each county may delegate the collection of motor vehicle taxes to banks or banking institutions, if each institution assigns, hypothecates, or pledges to the county, as security for the collection, federal funds or federal, state, or municipal securities in an amount adequate to prevent any loss to the county from any cause. Each institution shall remit the taxes collected daily to the county official charged with the collections. The receipt given to the taxpayer, in addition to the information required in this section and by Section 12-45-70, must contain the name and office of the treasurer or tax collector of the county and must also show the name of the banking institution to which payment was made.

The county official charged with the collection of taxes shall send a list of the institutions collecting the taxes to the South Carolina Department of Highways and Public Transportation Public Safety. Each institution shall certify to the Department that the taxes have been paid, and the Department is authorized to accept certification in lieu of the tax receipt given to the taxpayer if certification contains information required by this section.

Tax bills (notices) for county assessed personal property valued in accordance with applicable Tax Commission regulations must include notification of the taxpayer's appeal rights, to include a minimum amount of information of how the taxpayer should file his appeal, to whom, and within what time period."

SECTION 190. Section 12-37-2660 of the 1976 Code is amended to read:

"Section 12-37-2660. The Department of Highways and Public Transportation Public Safety shall furnish the auditor of each county a listing of license registration applications to be mailed to the owners of motor vehicles in the respective counties. The listings shall be furnished the auditor as soon as possible but no later than sixty days before the applications are mailed by the department to vehicle owners. Listings shall be in the form of computer tapes or printouts."

SECTION 191. Section 12-37-2670 of the 1976 Code is amended to read:

"Section 12-37-2670. No license shall be issued by the Department of Highways and Public Transportation Public Safety for a period in excess of twelve months. If a license is transferred by the department from one vehicle to another, no tax shall be levied upon the vehicle to which the license is transferred until the license has expired."

SECTION 192. Section 12-37-2680 of the 1976 Code is amended to read:

"Section 12-37-2680. The assessed value of the vehicle shall be determined as of the first day of the month preceding that in which the license is issued. The assessed values shall be published in guides or manuals by the South Carolina Tax Commission Department of Revenue and Taxation and provided to the auditor of each county as often as may be necessary to provide for current values. When the value of any vehicle is not set forth in the guide or manual the auditor shall determine the value from other available information. Any person aggrieved by the valuation of his motor vehicle may appeal to the South Carolina Tax Commission Department of Revenue and Taxation and the Commission department may increase, decrease or affirm the value so determined."

SECTION 193. Section 12-37-2700 of the 1976 Code is amended to read:

"Section 12-37-2700. The 1981 tax year for motor vehicles required to be licensed by Section 56-3-110 of the 1976 Code shall begin with the license renewals due on and after January 1, 1981. Notwithstanding the provisions of Section 12-37-2610 for the tax year 1981 only the tax that would, under provisions of this article, be paid between January 1 and August 31 shall be due and payable not later than September 30, 1981. The Department of Highways and Public Transportation Public Safety shall not require the receipt as a condition of issuing the license for such a period. Failure to pay the tax on or before the date herein prescribed shall cause the revocation of the license. The revocation shall be by the department upon notice by the county treasurer that the tax was not paid."

SECTION 194. Section 12-37-2725 of the 1976 Code is amended to read:

"Section 12-37-2725. When the title to a licensed vehicle is transferred, the license plate and registration certificate issued the transferor may be returned for cancellation. The license plate and registration certificate must be delivered to the auditor of the county of the vehicle's registration and tax payment. A request for cancellation must be made in writing to the auditor upon forms approved by the Department of Highways and Public Transportation Public Safety. The auditor, upon receipt of the license plate, registration certificate, and the request for cancellation, shall order and the treasurer shall issue a refund of property taxes paid by the transferor on the vehicle. The amount of the refund is that proportion of the tax paid that is equal to that proportion of the complete months remaining on the license plate and registration certificate that is being cancelled to its whole license and registration period. The auditor shall, within five days thereafter, deliver the license plate, registration certificate, and the written request for cancellation to the Department of Highways and Public Transportation Public Safety. Upon receipt thereof, the Department shall cancel the license plate and registration certificate and may not reissue the same."

SECTION 195. Section 12-37-2727 of the 1976 Code is amended to read:

"Section 12-37-2727. The provisions of Section 12-37-2750 further apply to license plates and registration certificates issued and unassigned by the South Carolina Department of Highways and Public Transportation Public Safety to a motor vehicle between September 4, 1984, and April 29, l985. In the event an issued and unassigned license plate or registration certificate was lost, destroyed, or delivered to the South Carolina Department of Highways and Public Transportation Public Safety, the owner shall present proof thereof to the county auditor along with the request for cancellation. The auditor, upon receipt of the cancellation request and the license plate, registration certificate, or the proof of loss of the same, must order the refund of the tax. The auditor must forward to the South Carolina Department of Highways and Public Transportation Public Safety the request for cancellation, the license plate and the registration certificate, or the proof of the same being lost, destroyed, or delivered to the Department. The Department upon receipt thereof shall cancel the license plate and registration."

SECTION 196. Section 12-39-180 of the 1976 Code is amended to read:

"Section 12-39-180. Each county auditor, after receiving from the Comptroller General and from such other officers and authorities as are legally empowered to determine the rate or amount of taxes to be levied for the various purposes authorized by law statements of the rates and sums to be levied for the current year, shall forthwith proceed to determine the sums to be levied upon each tract and lot of real property and upon the amount of personal property, monies, and credits listed in his county in the name of each person, which must be assessed equally on all real and personal property subject to such taxes and set down in one or more columns in the manner and form as the Comptroller General shall prescribe. The Tax Commission Department of Revenue and Taxation or the county auditor shall place a minimum assessment of at least twenty dollars on all property that generates a tax bill."

SECTION 197. The first paragraph in Section 12-43-220(b) of the 1976 Code is amended to read:

"(b) All inventories of business establishments shall be taxed on an assessment equal to six percent of the fair market value of such property and all power driven farm machinery and equipment except motor vehicles registered with the South Carolina Highway Department Department of Public Safety owned by farmers and used on agricultural lands as defined in this article shall be taxed on an assessment equal to five percent of the fair market value of such property; provided, that all other farm machinery and equipment and all livestock and poultry shall be exempt from ad valorem taxes."

SECTION 198. Section 12-43-210 of the 1976 Code is amended to read:

"Section 12-43-210. [Effective for taxable years prior to 1989] All property shall be uniformly and equitably assessed throughout the State. The South Carolina Tax Commission (commission) Department of Revenue and Taxation (department) shall promulgate rules and regulations to insure such equalization which shall be adhered to by all assessing officials in the State.

[Effective for taxable years beginning after 1988]

(A) All property must be assessed uniformly and equitably throughout the State. The South Carolina Tax Commission Department of Revenue and Taxation shall promulgate regulations to insure equalization which must be adhered to by all assessing officials in the State.

(B) No reassessment program may be implemented in a county unless all real property in the county, including real property classified as manufacturing property, is reassessed in the same year."

SECTION 199. Section 12-43-220 of the 1976 Code is amended to read:

"Section 12-43-220. Except as otherwise provided, the ratio of assessment to value of property in each class shall be equal and uniform throughout the State. All property presently subject to ad valorem taxation shall be classified and assessed as follows:

(a) All real and personal property owned by or leased to manufacturers and utilities and used by the manufacturer or utility in the conduct of the business must be taxed on an assessment equal to ten and one-half percent of the fair market value of the property. Real property owned by or leased to a manufacturer and used primarily for research and development is not considered used by a manufacturer in the conduct of the business of the manufacturer for purposes of classification of property under item (a) of this section. The term `research and development' means basic and applied research in the sciences and engineering and the design and development of prototypes and processes. Real property owned by or leased to a manufacturer and used primarily as an office building is not considered used by a manufacturer in the conduct of the business of the manufacturer for purposes of classification of property under item (a) of this section if the office building is not located on the premises of or contiguous to the plant site of the manufacturer. Real property owned by or leased to a manufacturer and used primarily for warehousing and wholesale distribution of clothing and wearing apparel is not considered used by a manufacturer in the conduct of the business of the manufacturer for purposes of classification of property under item (a) of this section if the property is not located on the premises of or contiguous to the manufacturing site of the manufacturer.

(b) All inventories of business establishments shall be taxed on an assessment equal to six percent of the fair market value of such property and all power driven farm machinery and equipment except motor vehicles registered with the South Carolina Highway Department owned by farmers and used on agricultural lands as defined in this article shall be taxed on an assessment equal to five percent of the fair market value of such property; provided, that all other farm machinery and equipment and all livestock and poultry shall be exempt from ad valorem taxes. The legal residence and not more than five acres contiguous thereto, when owned totally or in part in fee or by life estate and occupied by the owner of the interest, is taxed on an assessment equal to four percent of the fair market value of the property. When the legal residence is located on leased or rented property and the residence is owned and occupied by the owner of a residence on leased property, even though at the end of the lease period the lessor becomes the owner of the residence, the assessment for the residence is at the same ratio as provided in this item. If the lessee of property upon which he has located his legal residence is liable for taxes on the leased property, then the property upon which he is liable for taxes, not to exceed five acres contiguous to his legal residence, must be assessed at the same ratio provided in this item. If this property has located on it any rented mobile homes or residences which are rented or any business for profit, this four percent value does not apply to those businesses or rental properties. This subsection (c) is not applicable unless the owner of the property or his agents make written application to the county assessor on or before the first penalty date for taxes due for the first tax year in which the assessment under this article is made and certify to the following statement: `Under the penalty of perjury I certify that I meet the qualifications for the special assessment ratio for a legal residence as of January first of the appropriate tax year'. The assessor shall have printed in the local newspaper during the period January through December at least five notices calling to public attention the provisions of filing the application as a prerequisite for claiming this classification. Failure to file within the prescribed time constitutes abandonment of the owner's right for this classification for the current tax year, but the local taxing authority may extend the time for filing upon a showing satisfactory to it that the person had reasonable cause for not filing on or before the first penalty date. No further applications are necessary while the property for which the initial application was made continues to meet the eligibility requirements of this item. The owner shall notify the assessor of any change in use within six months of the change. If a person signs the certification and is not eligible or thereafter loses eligibility and fails to notify the county assessor within the allotted time, a penalty of ten percent and interest at the rate of one-half of one percent a month must be paid on the difference between the amount that was paid and the amount that should have been paid, but not less than thirty dollars nor more than the current year's taxes. The governing body of the county concerned as an alternative may elect, determine, and direct that the tax assessor shall determine and designate the various properties to be subject to the special assessment ratio provided in this subsection. Upon the determination by the governing body of the county concerned, no publication of notice is required and no application or other certification is then required.

(d)(1) Agricultural real property which is actually used for such agricultural purposes shall be taxed on an assessment equal to:

(A) Four percent of its fair market value for such agricultural purposes for owners or lessees who are individuals or partnerships and certain corporations which do not:

(i) Have more than ten shareholders.

(ii) Have as a shareholder a person (other than an estate) who is not an individual.

(iii) Have a nonresident alien as a shareholder.

(iv) Have more than one class of stock.

(B) Six percent of its fair market value for such agricultural purposes for owners or lessees who are corporations, except for certain corporations specified in (A) above.

(2)(A) `Fair market value for agricultural purposes', when applicable to land used for the growth of timber, is defined as the productive earning power based on soil capability to be determined by capitalization of typical cash rents of the lands for timber growth or by capitalization of typical net income of similar soil in the region or a reasonable area of the region from the sale of timber, not including the timber growing thereon, and when applicable to land used for the growth of other agricultural products the term is defined as the productive earning power based on soil capability to be determined by capitalization of typical cash rents or by capitalization of typical net annual income of similar soil in the region or a reasonable area of the region, not including the agricultural products thereon. Soil capability when applicable to lands used for the growth of timber products means the capability of the soil to produce such timber products of the region considering any natural deterrents to the potential capability of the soil as of the current assessment date. The term, when applicable to lands used for the growth of other agricultural products, means the capability of the soil to produce typical agricultural products of the region considering any natural deterrents to the potential capability of the soil as of the current assessment date. The term `region' means that geographical part of the State as determined by the commission to be reasonably similar for the production of the agricultural products. After average net annual earnings have been established for agricultural lands, they must be capitalized to determine use-value of the property based on a capitalization rate which includes: 1. an interest component; 2. a local property tax differential component; 3. a risk component; 4. an illiquidity component. Each of these components of the capitalization rate must be based on identifiable factors related to agricultural use of the property. The interest rate component is the average coupon (interest) rate applicable on all bonds which the Federal Land Bank of Columbia, which serves South Carolina farmers, has outstanding on July first of the crop-years being used to estimate net earnings and agricultural use-value. Implementation of the provisions contained in this section is the responsibility of the commission.

(B)(i) For tax year 1988 and subsequent tax years, fair market value for agricultural purposes must be determined by adjusting the applicable base year value by an amount equal to the product of multiplying the applicable base year value by a percentage factor obtained through the formula provided in this item. For tax year 1988, the applicable base year is 1981. After the initial use of the valuation method provided in this item for tax year 1988, fair market value for agricultural purposes must be redetermined every three years if the percentage factor in that year exceeds five percent but at least every six years regardless of the percentage.

(ii) The percentage factor provided in this item is derived from the most recent edition of the United States Department of Agriculture publication `AGRICULTURAL LAND VALUES AND MARKETS', specifically, from `Table 1--Farm Real Estate Values: Indexes of the average value per acre of land and buildings . . .' as listed for this State. The formula to determine the applicable percentage factor is the index of the year of change less the index of the base year with the resulting amount being divided by the index of the base year and rounded to the nearest whole number. For purposes of the formula, the base year is the last year in which values were adjusted under this item.

(3) Agricultural real property does not come within the provisions of this section unless the owners of the real property or their agents make a written application therefor on or before May first of the first tax year in which the special assessment is claimed. The application for the special assessment must be made to the assessor of the county in which the agricultural real property is located, on forms provided by the county and approved by the Commission and a failure to apply constitutes a waiver of the special assessment for that year. The governing body may extend the time for filing upon a showing satisfactory to it that the person had reasonable cause for not filing on or before May first. No additional annual filing is required while the use classification of the property is unchanged. The owner shall notify the assessor within six months of a change in use. For failure to notify the assessor of a change in use, in addition to any other penalties provided by law, a penalty of ten percent and interest at the rate of one-half of one percent a month must be paid on the difference between the amount that was paid and the amount that should have been paid, but not less than thirty dollars nor more than the current year's taxes.

(4) When real property which is in agricultural use and is being valued, assessed, and taxed under the provisions of this article, is applied to a use other than agricultural, it is subject to additional taxes, hereinafter referred to as roll-back taxes, in an amount equal to the difference, if any, between the taxes paid or payable on the basis of the valuation and the assessment authorized hereunder and the taxes that would have been paid or payable had the real property been valued, assessed, and taxed as other real property in the taxing district, in the current tax year (the year of change in use) and each of the five tax years immediately preceding in which the real property was valued, assessed, and taxed as herein provided. If in the tax year in which a change in use of the real property occurs the real property was not valued, assessed, and taxed under this article, then the real property is subject to roll-back taxes for each of the five tax years immediately preceding in which the real property was valued, assessed, and taxed hereunder. In determining the amounts of the roll-back taxes chargeable on real property which has undergone a change in use, the assessor shall for each of the roll-back tax years involved ascertain:

(A) the fair market value of such real property under the valuation standard applicable to other real property in the same classification;

(B) the amount of the real property assessment for the particular tax year by multiplying such fair market value by the appropriate assessment ratio provided in this article;

(C) the amount of the additional assessment on the real property for the particular tax year by deducting the amount of the actual assessment on the real property for that year from the amount of the real property assessment determined under (B) of this section;

(D) the amount of the rollback for that tax year by multiplying the amount of the additional assessment determined under (C) of this section by the property tax rate of the taxing district applicable for that tax year.

(e) All other real property not herein provided for shall be taxed on an assessment equal to six percent of the fair market value of such property.

(f) Except as specifically provided by law all other personal property shall be taxed on an assessment of ten and one-half percent of fair market value of such property except that commercial fishing boats shall be taxed on an assessment of five percent of fair market value. As used in this item `48commercial fishing boats' shall mean boats licensed by the Department of Wildlife and Marine Resources Natural Resources Enforcement Division of the Department of Wildlife, Marine and Natural Resources pursuant to Article 3, Chapter 15 of Title 50 which are used exclusively for commercial fishing, shrimping or crabbing.

(g) All real and personal property owned by or leased to companies primarily engaged in the transportation for hire of persons or property and used by such companies in the conduct of such business and required by law to be assessed by the Commission shall be taxed on an assessment equal to nine and one-half percent of the fair market value of such property. The commission shall apply an equalization factor to real and personal property owned by or leased to transportation companies for hire as mandated by federal legislation. Notwithstanding any other provision of this article, on June 3, 1975, if it is found that there is a variation between the ratios being used and those stated in this section, the county may provide for a gradual transition to the ratios as herein provided for over a period not to exceed seven years; provided, however, that all property within a particular classification shall be assessed at the same ratio, provided, further, however, that all property enumerated in subsection (a) shall be assessed at the ratio provided in such subsection and the property enumerated in subsections (b), (c), (d), (e), (f) and (g) shall be increased or decreased to the ratios set forth in this article by a change in the ratio of not less than one-half of one percent per year nor more than one percent per year. Provided, however, that notwithstanding the provisions of this section, a county may, at its discretion, immediately implement the assessment ratios contained in subsections (b), (c), (d), (e), and (f). Provided, however, that livestock shall not be subject to ad valorem taxation unless such livestock is physically located within the State for a period in excess of nine months. Provided, that this section shall not apply to farm animals and farm equipment in use on a farm in those counties which do not tax such property as of June 3, 1975. Provided, however, all agricultural or forest land within easements granted to public bodies, agencies, railroads, or utilities for rights of way of thirty feet in width or greater shall be assessed at the same cropland value per acre as soil class 7 in schedule 1 of R 117-126 of the State Tax Commission Department of Revenue and Taxation. In order to receive such assessment the landowner must apply to the tax assessor of the county where the easement is located, with documentation of the existence, location, and amount of acreage contained in the easement."

SECTION 200. Section 12-43-280 of the 1976 Code is amended to read:

"Section 12-43-280. (A) Upon completion of an equalization and reassessment program as required by this article, the total ad valorem tax, for any county, school district, municipality, or any other political subdivision, may not exceed the total ad valorem tax of the county, school district, municipality, or any other political subdivision for the year immediately prior to completion by more than one percent, if the increase in total taxes was caused by the equalization and reassessment provided by this article. This does not prohibit an increase in the total ad valorem tax as a result of the assessments added for property or improvements not previously taxed, for new construction, or for renovation of existing structures taking place during the reassessment period.

(B) The Tax Commission Department of Revenue and Taxation shall review ad valorem tax collections in each county for reassessment years to insure compliance with the limitation imposed by this section. The Commission department shall promptly notify the governing body of the county if the limit has been exceeded and the total amount of any increased tax collections resulting solely from the program of equalization and reassessment. The governing body of the county shall immediately transfer that total amount to a separate, segregated fund, which must be used to roll back the tax millage in the following year."

SECTION 201. Section 12-43-300 of the 1976 Code is amended to read:

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

(B) The governing body of the county may by ordinance extend the time for filing an objection to the valuation and assessment of real property resulting from reassessment within a county.

(C) The Commission shall prescribe a standard reassessment form designed to contain the information required in subsection (A) in a manner that may be understood easily."

SECTION 202. Section 12-43-305 of the 1976 Code is amended to read:

"Section 12-43-305. Upon receipt of written notice of appeal of a property valuation and if it is reasonably expected that the appeal may delay the assessment of the property beyond December thirty-first of the tax year, the assessing officer shall prepare immediately an assessment for the property under appeal based upon eighty percent of the assessed value of the property for the current year. The Tax Commission Department of Revenue and Taxation shall notify the auditor of the property under the jurisdiction of the commission which is under appeal. The auditor shall adjust the assessment of property under appeal to eighty percent of the assessed value and enter the adjusted assessment on the tax duplicate and the tax must be paid as in other cases. After final review of the appeal, if the valuation is greater than the value of the assessment set by the assessing official in accordance with this section, an assessment must be made and entered based on the difference between the value of the assessment determined by this section and the value settled by the appeal. If the valuation is less than that set as provided in this section, the assessment of the current year must be reduced by the cumulative difference between the assessment as entered and that determined by final review. The tax paid on the difference between the assessment as entered and that determined after final review must be refunded together with interest at the rate of one percent a month on the amount of the overpayment. Interest at the rate of one percent must be added for each month the tax was unpaid because of the appeal and collected in the same manner as the tax."

SECTION 203. Section 12-43-320 of the 1976 Code is amended to read:

"Section 12-43-320. Any or all rules and regulations promulgated by the South Carolina Tax Commission Department of Revenue and Taxation for the implementation of the provisions of Act 208 of 1975 [Sections 12-37-90 to 12-37-110, 12-39-340, 12-39-350, 12-43-210 to 12-43-310, 12-37-970] may be declared null and void by passage of a joint resolution expressing such intention. Such rules and regulations declared null and void will be considered repealed on and after the date of passage of the joint resolution."

SECTION 204. Section 12-43-335 of the 1976 Code is amended to read:

"Section 12-43-335. For the purpose of assessing property of merchants and related businesses, as provided by Section 12-37-970, the Tax Commission Department of Revenue and Taxation shall follow the classifications of the Standard Industrial Classification Manual, Bureau of the Budget, 1987 edition, as set out below:

1. Division C;

2. Division E, Major Group 48, except numbers 481 and 482;

3. Division F;

4. Division G;

5. Division I, Major Groups 72, 73, 75, 76, 78, and 79."

SECTION 205. Section 12-45-70 of the 1976 Code is amended to read:

"Section 12-45-70. All taxes are due and payable between the thirtieth day of September and the fifteenth day of January after their assessment in each year. The several county treasurers under the direction and supervision of the Comptroller General shall collect the taxes in the manner prescribed by law and give receipts therefor to the persons paying them. In the receipts and tax notices the real estate paid on must be briefly described including tax map number and an identifiable description and the value and a description of the personal property paid on must be stated, together with the time the taxes are paid, the amount paid, and the township where the property is located.

The treasurer, tax collector, or other official charged with the collection of ad valorem property taxes in each county may delegate the collection of the property taxes to banks or banking institutions, if each institution assigns, hypothecates, or pledges to the county, as security for the collection, federal funds or federal, state, or municipal securities in an amount adequate to prevent any loss to the county from any cause. Each institution shall remit the taxes collected daily to the county official charged with the collections. The receipt given to the taxpayer, in addition to the information required in this section and by Section 12-37-2650, shall contain the name and office of the treasurer or tax collector of the county and shall also show the name of the banking institution to which payment was made.

The county official charged with the collection of taxes shall send a list of the institutions collecting the taxes to the South Carolina Department of Highways and Public Transportation Public Safety. Each institution shall certify to the Department that the taxes have been paid, and the Department may accept certification in lieu of the tax receipt given to the taxpayer if that certification contains the information required in Section 12-37-2650."

SECTION 206. Section 12-47-10 of the 1976 Code is amended to read:

"Section 12-47-10. The collection of State, county, city, town and school taxes and taxes voted by townships in aid of railroads when the roads have been completed through such townships shall not be stayed or prevented by any injunction, writ or order issued by any court or judge. And no writ, order or process of any kind whatsoever staying or preventing the Tax Commission Department of Revenue and Taxation or any officer of the State charged with a duty in the collection of taxes from taking any steps or proceeding in the collection of any tax, whether such tax is legally due or not, shall in any case be granted by any court or the judge of any court."

SECTION 207. Section 12-47-60 of the 1976 Code is amended to read:

"Section 12-47-60. With respect to taxes and license fees administered by the South Carolina Tax Commission Department of Revenue and Taxation, whenever any amount of taxes, license fees, penalties and interest are recovered by successful litigation in the courts of this State, such amounts recovered shall bear interest at the rate of one half of one per cent per month from the date such taxes, license fees, penalties and interest were paid to the date the order for refund or credit was issued, and such interest shall be paid in the same manner and receive the same preference as the amounts recovered."

SECTION 208. Section 12-49-90 of the 1976 Code is amended to read:

"Section 12-49-90. The courts of this State shall recognize and enforce liabilities for taxation lawfully imposed by other states which extend like comity to this State. The South Carolina Tax Commission Department of Revenue and Taxation, with the assistance of the Attorney General, is hereby empowered to bring suit in the courts of other states to collect taxes legally due this State. The officials of other states which extend a like comity to this State are empowered to sue for the collection of such taxes in the courts of this State. A certificate by the Secretary of State that such officers have authority to collect the tax shall be conclusive evidence of such authority."

SECTION 209. Section 12-49-271 of the 1976 Code is amended to read:

"Section 12-49-271. When the sheriff receives from the county treasurer a list of delinquent taxpayers and the list includes mobile homes and modular homes upon which to levy, the sheriff shall forward to the Department of Highways and Public Transportation Public Safety a form substantially as set out below requesting the name and address of all lienholders shown on the Certificate of Title. The sheriff shall not advertise the sale of property without a return of this form:

`To the South Carolina Highways and Public Transportation Department Department of Public Safety:

I have been instructed by the County Treasurer to levy and sell the following personal property:

Please provide me with the lienholders' names and addresses as shown on the Certificate of Title:
NAME:
ADDRESS:
DESCRIPTION OF COLLATERAL:
I.D. NUMBER:
LIENHOLDER:
LIENHOLDERS' ADDRESS:'"

SECTION 210. The last paragraph in Section 12-49-290 of the 1976 Code is amended to read:

"The right, interest, and security of any lienholder who has filed his security interest with the South Carolina Department of Highways and Public Transportation Public Safety and which security interest is shown on the Certificate of Title shall in no way be affected by a tax sale made pursuant to this chapter unless the provisions of Section 12-49-225 are complied with."

SECTION 211. Items (B)(7) and (B)(11) of Section 12-54-240 of the 1976 Code are amended to read:

"(7) submission of taxpayer names, home addresses, and social security numbers to the State Election Commission and Department of Highways and Public Transportation Public Safety to effect the purposes of Section 14-7-130.

(11) disclosure of information contained on any return to the South Carolina Employment Security Commission, South Carolina Department of Highways and Public Transportation Public Safety, or to the Department of the Treasury, Alcohol, Tobacco and Firearms Division."

SECTION 212. Section 12-51-135 of the 1976 Code is amended to read:

"Section 12-51-135. If a warrant, which has been filed with the clerk of court in any county, is determined by the Tax Commission Department of Revenue and Taxation to have been issued and filed in error, the clerk of court, upon notification by the Tax Commission Department of Revenue and Taxation, must remove the warrant from its book."

SECTION 213. Section 12-53-10 of the 1976 Code is amended to read:

"Section 12-53-10. All the powers and duties now imposed or conferred by law upon sheriffs or tax collectors of any county in this State with respect to the collection of any amounts due the State Tax Commission Department of Revenue and Taxation, are hereby imposed or conferred upon the Commission, or its duly authorized representatives. Such portions of the law as have to do with the collection of unpaid taxes, penalties, interest, or costs, and the attachment, levy, and sale of properties for the purpose of enforcing the payment of such amounts which may be due the Commission, are hereby imposed or conferred upon the Commission, or its duly authorized representatives. The Commission, or its duly authorized representatives, shall in all respects and with like effect proceed upon the property and rights to property, both real and personal, as is now provided by law with respect to sheriffs or tax collectors."

SECTION 214. Section 12-53-210 of the 1976 Code is amended to read:

"Section 12-53-210. If the South Carolina Tax Commission Department of Revenue and Taxation finds or in its opinion has reason to believe that the assessment and collection of any tax or license fee or income taxes withheld or any interest or penalty pertaining thereto, for any year, current or past, will be jeopardized in whole or in part by delay, the Tax Commission Department of Revenue and Taxation may mail or issue a notice of such finding to the taxpayer, together with a demand for immediate payment of the tax or license or income taxes withheld, declared to be in jeopardy, including interest, penalties and additions thereto. In the case of a tax or license for a current period, the Commission may declare the taxable period of the taxpayer or licensee immediately terminated and shall cause notice of such finding and declaration to be mailed or issued to the taxpayer, together with a demand for immediate payment of the tax based on the period declared terminated, and such tax shall be immediately due and payable whether or not the time otherwise allowed by law for filing a return and paying the tax has expired. Any such assessment provided for in this section shall be immediately due and payable. If the assessment is not paid upon demand of the Commission, the Commission shall forthwith issue a warrant for distraint against the property, real and personal, of the taxpayer, which shall be collected in the same manner and with like effect as provided under the terms of Sections 12-53-10 to 12-53-60."

SECTION 215. Section 12-53-220 of the 1976 Code is amended to read:

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

SECTION 216. Section 12-54-10 of the 1976 Code is amended to read:

"Section 12-54-10. The word `person' or `taxpayer', for the purpose of this chapter, unless otherwise required by the text, includes any individual, firm, partnership, association, corporation, receiver, trustee, fiduciary, or any other group or combination acting as a unit and the State or any agency or instrumentality, authority, or political subdivision thereof, including municipalities. `Commission' means the South Carolina Tax Commission Department of Revenue and Taxation."

SECTION 217. Section 12-54-230 of the 1976 Code is amended to read:

"Section 12-54-230. The Employment Security Commission shall allow the South Carolina Tax Commission Department of Revenue and Taxation access to the information contained in the Employer's Quarterly Report and any by-product of the report. The report or information extracted from the report is not subject to provisions of Chapter 4 of Title 30, the Freedom of Information Act."

SECTION 218. Section 12-54-240(B)(12) of the 1976 Code is amended to read:
(B) (12) disclosure of whether a resident or nonresident tax return was filed by any particular taxpayer to the South Carolina Wildlife and Marine Resources Department of Wildlife, Marine and Natural Resources.

SECTION 219. Section 12-54-250 of the 1976 Code is amended to read:

"Section 12-54-250. (A) The South Carolina Tax Commission Department of Revenue and Taxation may require, consistent with the cash management policies of the State Treasurer, that any person owing twenty thousand dollars or more in connection with any return, report, or other document to be filed with the commission shall pay the tax liability to the State no later than the date the payment is required by law to be made in funds which are available immediately to the State on the date of payment. Payment in immediately available funds may be made by any means established by the commission, with the approval of the State Treasurer, which insures the availability of those funds to the State on the date of payment. Evidence of the payment must be furnished to the commission on or before the due date of the tax as provided by law. Failure to make timely payment in immediately available funds or failure to provide evidence of payment in a timely manner subjects the taxpayer to penalties and interest as provided by law for delinquent or deficient tax payments.

(B) The commission by rule may prescribe alternative periodic filing and payment dates later than the dates otherwise provided by law for any taxes collected by the commission in those instances where it is considered to be in the best interest of the State. An alternative date may not be later than the last day of the month in which the tax was otherwise due.

(C) The commission may prescribe rules and the State Treasurer banking procedures necessary for the administration of the provisions of this section.

(D) Payment by immediately available funds and filing of the return are considered simultaneous acts with respect to penalties and interest for failure to file and failure to pay. Penalties and interest must be calculated based on the later of the return postmark date or payment date."

SECTION 220. Section 12-54-260 of the 1976 Code is amended to read:

"Section 12-54-260. (A) As used in this section:

(1) `Delinquent taxes' mean state taxes including penalty, interest, and costs for which a warrant for distraint has been issued and filed by the commission.

(2) `Commission' means the South Carolina Tax Commission Department of Revenue and Taxation.

(3) `Payment owed by the State' means amounts for which the Comptroller General is responsible for payment and which result from goods or services rendered or to be rendered to the State or its agencies or political subdivisions.

(4) `Collecting agency' means the Comptroller General.

(B) The commission may collect delinquent taxes by means of a setoff procedure as provided in this section.

(C) The commission shall provide to the Comptroller General the names, social security numbers, or federal employer identification numbers, or other identifying information considered necessary by the Comptroller General to determine whether a payment owed by the State to a taxpayer is a payment due a taxpayer owing delinquent taxes.

(D) Based solely on the information furnished by the commission, the Comptroller General shall determine if a payment owed by the State is payable to a taxpayer owing delinquent taxes and on this determination he shall remit the payment to the commission. The commission shall promptly notify the delinquent taxpayer of the payment. Remitting of the payment to the commission terminates the Comptroller General's responsibilities under this section, except as otherwise provided by law. The commission's notice to the taxpayer must:

(1) be in writing;

(2) specify the amount paid to the commission;

(3) state the total amount the commission determines to be due from the taxpayer;

(4) specify the name, address, and telephone number of an employee of the commission whom the taxpayer can contact to discuss the delinquent tax liability.

(E) Reviews of setoffs are with the commission and information furnished by the commission to the Comptroller General is considered correct and reliable for use by the Comptroller General in applying the setoff procedure."

SECTION 221. Section 12-54-420 of the 1976 Code is amended to read:

"Section 12-54-420. As used in this article:

(1) `Claimant agency' means a state agency, board, committee, commission, public institution of higher learning, political subdivision, and the Internal Revenue Service. It also includes a private institution of higher learning for the purpose of collecting debts related to default on authorized educational loans made pursuant to Chapter 111, 113, or 115 of Title 59.

(2) `Commission' means the South Carolina Tax Commission Department of Revenue and Taxation.

(3) `Debtor' means any individual having a delinquent debt or account with any claimant agency which has not been adjusted, satisfied, or set aside by court order, or discharged in bankruptcy.

(4) `Delinquent debt' means any liquidated sum due and owing any claimant agency, including court costs, fines, penalties, and interest which have accrued through contract, subrogation, tort, operation of law, or any other legal theory regardless of whether there is an outstanding judgment for that sum which is legally collectible and for which a collection effort has been or is being made.

(5) `Refund' means any individual or corporate South Carolina income tax refund payable. This term also includes any refund belonging to a debtor resulting from the filing of a joint income tax return. Section 12-54-430.

(A) The collection remedy under this article is in addition to any other remedy available by law.

(B) Claimant agencies may submit for collection under the procedure established by this article all delinquent debts which they are owed.

(C) All claimant agencies, whenever possible, shall obtain the full name, social security number, address, and any other identifying information, required by regulations promulgated by the commission for implementation of this article, from any person for whom the agencies provide any service or transact any business and who the claimant agencies can foresee may become a debtor under the terms of this article.

(D) Upon request from a claimant agency, the commission shall furnish the claimant agency the home address, corrected Social Security number or additional Social Security number of any taxpayer whose name has been submitted to the commission for collection of a delinquent debt."

SECTION 222. Section 12-54-720 of the 1976 Code is amended to read:

"Section 12-54-720. The South Carolina Tax Commission Department of Revenue and Taxation shall administer this article."

SECTION 223. Sections 12-27-1260, 12-27-1270, 12-27-1280, 12-27-1295, 12-27-1300, and 12-27-1310 are repealed.

SECTION 224. Chapter 1, Title 13 of the 1976 Code is amended to read:

Section 13-1-10. Notwithstanding any other provision of law, the South Carolina Department of Social Services and the South Carolina Department of Health and Environmental Control, or any other State agency, are hereby authorized to enter into written agreements with any other State agency or interagency council, whether created by statute or executive order, to insure that the purposes and function of comprehensive development programs can be more effectively and efficiently implemented.

Provided, however, that no agency shall commit any funds by contract unless previously appropriated by the General Assembly. Provided, that any State agency which is created by executive order, and exercising the provisions of this section, shall contain at least four members of the legislature on its governing board, two of whom shall be selected from the membership of the Senate by the President of that body and two of whom shall be selected from the membership of the House of Representatives by the Speaker of that body. (A) The Department of Commerce and Economic Development is established as an administrative agency of state government which is comprised of a Division of State Development, a Division of Savannah Valley Development, a Division of Research, and an Advisory Coordinating Council for Economic Development. Each division of the Department of Commerce and Economic Development shall have such functions and powers as provided for by law.

(B) All functions, powers, and duties provided by law to the State Development Board, the Savannah Valley Authority, the South Carolina Research Authority, and the Coordinating Council for Economic Development, its officers or agencies, are hereby transferred to the Department of Commerce and Economic Development. All records, property, personnel, and unexpended appropriations shall be transferred to the control of the Department of Commerce and Economic Development. All rules, regulations, standards, orders, or other actions of these entities shall remain in effect unless specifically changed or voided by the department in accordance with the Administrative Procedures Act.

Section 13-1-20. The Department of Commerce and Economic Development shall conduct an adequate statewide program for the stimulation of economic activity to develop the potentialities of the State; manage the business and affairs of the Savannah Valley Development; enhance the research capabilities of the state's public and private universities; establish a continuing forum to foster greater dialogue throughout the research community within the State; promote the development of high technology industries and research facilities in the State; and enhance the economic growth and development of the State through strategic planning and coordinating activities.

Section 13-1-30. (A) The Department of Commerce and Economic Development shall be headed by a secretary, who shall be appointed by the Governor upon the advice and consent of the Senate. The secretary shall be vested with the duty and authority to oversee, manage, and control the operation, administration, and organization of the department subject only to the laws of this state and the United States.

(B) No person may be appointed as Secretary of the Department of Commerce and Economic Development if that person, a member of his immediate family, or an entity or business in which he has majority control has contributed after July 1, 1993, individually or in combination, more than a total of one thousand dollars to the most recent campaign of the Governor who will act as his appointing authority.

(C) The Secretary of the Department of Commerce and Economic Development may appoint a deputy secretary for each division of the department. Each deputy secretary shall serve at the pleasure of the secretary and shall be responsible to the secretary for the operation of the programs outlined by the secretary.

Section 13-1-40. At the discretion of the Secretary of the Department of Commerce and Economic Development an advisory council or councils may be appointed to advise with respect to each broad function which may be the responsibility of the secretary. Each advisory council shall consist of a group of not more than nine members, consisting of state and local governmental officials and of private individuals of outstanding ability in fields of enterprise related to the particular function with respect to which its advice is desired. The members shall receive no salary or per diem but may be compensated for all actual expenses incurred in the performance of their duties. The members shall serve for terms to be established by the secretary and may be removed at the pleasure of the secretary. Governmental officials shall serve on such councils for a period of one year and may be reappointed for successive terms by the secretary; provided, that their terms shall end with the termination of their office as officials.

Section 13-1-50. The Department of Commerce and Economic Development must be audited annually at the department's expense by the State Auditor or, upon his approval, may execute contracts with an independent certified public accounting firm. The department must make an annual report to the State Budget and Control Board and the General Assembly on its programs and operations.

Section 13-1-60. If a term or provision of a section of this chapter is found to be illegal or unenforceable, the remainder of this chapter nonetheless remains in full force and effect and the illegal or unenforceable term or provision is deleted and severed from this chapter."

SECTION 225. Chapter 1, Title 13 of the 1976 Code is amended by adding:

Section 13-1-310. The following terms, when used in this article, shall have the following meanings unless the context clearly requires otherwise:

(1) `Agency' means any State officer, department, board, commission, committee, institution, bureau, division or other person or functional group that is authorized to exercise or that does exercise any executive or administrative function of government in the State; when the term `local agency' is used, it shall be construed to mean local political subdivisions of the State; when the term `federal agency' is used, it shall be construed to mean any agency of the government of the United States of America;

(2) `Deputy secretary' means the Deputy Secretary for the Division of State Development;

(3) `Division' means the Division of State Development;

(4) `Secretary' means the Secretary of the Department of Commerce and Economic Development; and

(5) `State' means the State of South Carolina.

Section 13-1-320. The objectives of the division are to:

(1) conserve, restore, and develop the natural and physical, the human and social, and the economic and productive resources of the State;

(2) promote coordination of the functions and activities of state agencies and act as the official state liaison office between the state, federal, and local planning, research, and development agencies;

(3) promote a system of transportation for the State through development and expansion of the highway, railroad, port, waterway, and airport systems;

(4) promote and correlate state and local activity in planning public works projects;

(5) promote public interest in the development of the State through cooperation with public agencies, private enterprises, and charitable and social institutions;

(6) promote and encourage industrial development, private business and commercial enterprise, agricultural production, transportation, and the utilization and investment of capital within the State;

(7) assist the development of existing state and interstate trade, commerce, and markets for South Carolina goods and in the removal of barriers to the industrial, commercial, and agricultural development of the State;

(8) assist in ensuring stability in employment, increase the opportunities for employment of the citizens of the State, and devise ways and means to raise the living standards of the people of the State;

(9) advance the general welfare of the people.

Section 13-1-330. The division shall consist of a bureau of research, a bureau of planning, a bureau of development and such other bureaus as the secretary may establish. Each bureau may be headed by a bureau chief selected on the basis of his technical and administrative qualifications and experience to perform the duties required by his position. The chief for the bureau of research shall be a person thoroughly familiar with the principles of, and experienced in, the methods and techniques of research and economics. The chief for the bureau of planning shall be an industrial engineer experienced in that type of work. The chief for the bureau of development shall be a person thoroughly familiar with the principles of, and experienced in, the methods and techniques of developing a program of advertising and salesmanship.

Section 13-1-340. The secretary is vested with duties, powers, and responsibilities involved in accomplishing the division's objectives outlined in this article within the appropriations provided by the General Assembly. The secretary may:

(1) advise and make recommendations to the Governor and the General Assembly on matters concerning the division's objectives;

(2) cooperate with the operating agencies of the State in the development of plans;

(3) have access to the records and studies of each state agency pertaining to the division's objectives;

(4) conduct studies on his own initiative pertaining to the division's objectives and others at the request of the Governor, the General Assembly, or state or local agencies;

(5) make special studies on area problems or specific subjects, establish local agencies, and furnish staff or financial aid;

(6) stimulate and encourage local, state, and federal governmental agencies with similar and related objectives and purposes and cooperate with local, regional, and federal planning and development programs;

(7) publish and distribute the division's findings through written reports, brochures, magazine and newspaper articles, and other appropriate forms and use the radio, periodicals, and other recognized forms of advertising, personal interviews, exhibits, and displays in order that governmental agencies, corporations, and individual citizens may become acquainted with the development program of the State;

(8) advertise the advantages of the State for industrial, agricultural, and commercial development by paid publicity;

(9) provide information to and make contact with private business enterprises and local, state, and federal governmental agencies to acquaint them with industrial, agricultural, and commercial opportunities in the State and encourage the establishment of new or the expansion of existing industries and enterprises;

(10) provide advice upon request by local, state, and federal agencies, private citizens, and business and commercial enterprises upon matters of economic development, industrial and business expansion, and agricultural activity upon which his knowledge, sources of information, and findings and decisions qualify him to speak;

(11) accept gifts, grants, funds, and property to accomplish the division's objectives, administer and disburse gifts, grants, and funds, and dispose of property to counties, municipalities, and local agencies performing a public service or function which may disburse the gifts, grants, and funds or make the property available to eligible participants in a program established to perform and implement the public service or function subject to the approval of the Budget and Control Board.

Section 13-1-350. The former State Planning Board, State Board of Housing, Building Council of South Carolina, South Carolina Commerce Development Board, South Carolina Intra-Coastal Waterway Commission, South Carolina Board for Promotion of External Trade, and Natural Resources Commission and their successor the State Development Board having been abolished, the secretary shall have the following additional duties formerly imposed on such boards, commissions and councils:

(1) (State Planning Board)

(a) to confer and cooperate with the executive, legislative and planning authorities of the United States and of neighboring states and of subdivisions thereof;

(b) to promote interest in the understanding of the problems of State planning; and

(c) to cooperate with the United States and any of its agencies in the planning, conservation, utilization and development of State resources and in the planning of its public works programs and to act, when so designated, as an agency of the United States, or of any agency thereof;

(2) (State Board of Housing) to perform the duties imposed upon him under Title 31 of this Code;

(3) (Building Council of South Carolina) to promulgate and recommend to the General Assembly of the State a building code for adoption;

(4) (Commerce Development Board)

(a) to purchase, hold, use, lease, mortgage, sell, transfer, convey, assign, pledge or otherwise to acquire, encumber or dispose of any property, real, personal or mixed, or any estate or interest therein, including, but without limiting the foregoing, stock in any corporation;

(b) to employ attorneys upon such reasonable basis of compensation as may be agreed upon, or as he may determine, commensurate with the services rendered or to be rendered to the end that no excessive or unreasonable fees or compensation shall be allowed;

(c) to build, acquire, construct and maintain power houses and any and all structures, ways and means necessary, useful or customarily used and employed in the construction of highways, in the construction and operation of railroads and in the manufacture, generation and distribution of electricity and any and all other kinds of power, including power transmission lines, poles, telephone and telegraph lines, substations, transformers and generally all things used or useful in the manufacture, distribution and purchase of power and electricity; provided, that electric current produced shall be used by the secretary and that none of it shall be sold;

(d) to acquire or to build, construct, equip, maintain and operate one or more railroads with any motive power, one or more highways or other methods, means or ways of commerce or transportation or of communication, telegraph or telephone lines, electric lines, pipe lines, commissaries, houses, camps, lakes, fills, dams, reservoirs, ditches, drains, roads, tunnels, culverts, bridges, conduits, shops and depots and equipment; provided, that telegraph or telephone lines shall be used by the secretary and that no telegraph or telephone service shall be sold to the general public;

(e) to engage in the business of a common carrier of freight or passengers for hire;

(f) to build, construct, equip, maintain and operate, or cause the same to be done, a railroad or a highway connecting the existing lines of railroad at Walhalla, South Carolina, and at or near Maryville, Tennessee, or as near to such points as practicable and to do every act and thing necessary or proper to accomplish that result and to secure improvement of such existing lines connecting the same with the Atlantic seaboard;

(g) to transport goods, freight, mail, passengers and intelligence for hire and to fix and collect proper charges therefor;

(h) to construct or establish parks or playgrounds for the use, benefit, recreation and amusement of the people of this State under such rules and regulations and subject to such charges as it may establish, determine or fix, with all necessary or proper appurtenances, roadways, lakes, reservoirs, pipe lines, wires, buildings or other structures and equipment which it may from time to time deem desirable;

(i) to take such steps as may be proper to prevent and control soil erosion and floods in the areas served by it;

(j) to cooperate with the United States to promote the national defense;

(k) to develop and increase commerce, intrastate, interstate and foreign, by shortening and improving existing routes, by constructing new routes and facilities and by equipping, maintaining and operating or leasing the same, or causing it to be done, by procuring or endeavoring to procure a reduction in freight, passenger, power, light, water, telegraph and telephone rates and tolls and by any other means or method which shall tend so to do and securing to the people of this State the annual saving of large sums and an improvement in their living conditions and general welfare;

(l) to cooperate with the health authorities in the areas served by it to the end that the public health may be improved and disease and suffering reduced;

(m) to fix, alter, charge and collect tolls, freight and other charges for the use of the division's facilities or for the services rendered by or for any commodities furnished by it, at rates to be determined by the secretary, such rates to be at least sufficient to provide for payment of all expenses of the secretary under this paragraph (4) of this section, the conservation, maintenance and operation of its facilities and properties, the payment of principal and interest on its notes, bonds and other evidences of indebtedness or obligation and to fulfill the terms and provisions of any agreements made with the purchasers or holders of any of the division's notes, bonds or other evidences of indebtedness or obligation;

(n) to have the power of eminent domain;

(o) to acquire by purchase, gift, condemnation or in any other manner any lands, waters, water rights, riparian rights, flowage rights, rights of way, easements, licenses, franchises, engineering data, maps, construction plans or estimates or any other property of any kind, real, personal or mixed, necessary or useful in carrying out any of his powers;

(p) to borrow money, to make and issue negotiable notes, bonds and other evidences of indebtedness and to secure the payment of such obligations or any part thereof by mortgage, lien, pledge or deed of trust on any or all of the division's property, contracts, franchises or revenues and to make such agreements with the purchasers or holders of such notes, bonds or other evidences of indebtedness or with others in connection with any such notes, bonds or other evidences of indebtedness, whether issued or to be issued, as the secretary shall deem advisable and in general to provide for the security for such notes, bonds or other evidences of indebtedness and the rights of the holders thereof;

(q) to endorse or otherwise to guarantee the obligations of any corporation all of the voting stock of which the division may own or acquire;

(r) to mortgage, pledge, hypothecate or otherwise to encumber any or all of the division's property, real, personal or mixed, facilities or revenues as security for notes, bonds, evidences of indebtedness or other obligations;

(s) to borrow money from the United States or any corporation or agency created, designed or established by the United States;

(t) to exercise the powers and to do the things authorized by paragraph (4) of this section either by and with his own efforts and resources or to procure or to cause the same to be done by the United States or any agency or instrumentality thereof, by any one or more of the states affected or their political subdivisions, agencies or instrumentalities, by any private corporation, association or individual, contractor or otherwise or by the joint efforts of any or all of them or by cooperation with any or all of them, having in mind that the primary objective to be achieved is the construction, maintenance and operation of the railroad, highways, lines of communication and other facilities authorized by this paragraph, regardless of the particular method, manner or agency by or through which the same may be done, and to do any and all acts and things and to make any and all agreements or contracts necessary thereunto, including also the power to lease the whole or any part of the division's facilities or to contract or agree upon a particular method, manner or agency of or for the maintenance or operation of such facilities;

(u) to make, alter and repeal reasonable rules and regulations governing the use of the division's facilities and to fix and collect the charges, tolls, prices or rate of compensation it shall receive for the same, but nothing herein contained shall prevent the secretary, when in his opinion the public interest will best be served thereby and when the division's financial condition will permit, from allowing the use of its parks, places of amusement and recreation, roads, highways and the like, to be designated by the secretary from time to time, free of charge or at a merely nominal charge for the benefit of the people of this State;

(v) to sell or otherwise to dispose of any surplus property which the division may acquire and which the secretary may decide is not needed; and

(w) to have all additional powers, not inconsistent with this article, that are vested by law in common carriers of freight, passengers, electricity and intelligence for hire and in corporations generally;

(5) (South Carolina Intra-Coastal Waterway Commission) to perform the duties imposed upon it by Chapter 5 of Title 3 of this Code;

(6) (Board for Promotion of External Trade)

(a) to compile surveys showing the nature and extent of the natural resources and of the manufactured products and raw materials found or produced in the State which may move in domestic or foreign commerce; and

(b) to determine the areas throughout the world where commodities and products of this State may find advantageous markets and secure perfection of arrangements between citizens of this State and producers and consumers in other areas whereby there may be carried on greater interchange of commerce; and

(7) (Natural Resources Commission)

(a) to select a label, have it copyrighted and registered in the United States copyright office, which label shall in the judgment of the secretary be used to advertise the chemical and other contents of food products grown in South Carolina or to advertise other articles;

(b) to promulgate and register the conditions upon which such label may be used and fix the charges for such use; and

(c) to promulgate information furnished by the South Carolina Research Laboratories and other educational institutions and such other information as has bearing upon value of South Carolina products.

Section 13-1-360. Confidential information submitted to any agency as required by law shall not be published in any manner which will directly or indirectly reflect or damage the reputation or business activity of any individual or corporation concerned.

Section 13-1-370. Notwithstanding the provisions of Section 13-1-40, there is established the Advisory Committee of the Division of State Development (hereafter, in this section, the `advisory committee'). The advisory committee is comprised of twenty-four citizens of the State to be appointed by the Governor upon the advice and consent of the Senate. One member must be appointed from each of the following two-county areas:
1. Richland and Kershaw counties;
2. Spartanburg and Cherokee counties;
3. Laurens and Newberry counties;
4. Abbeville and Greenwood counties;
5. Berkeley and Charleston counties;
6. Oconee and Anderson counties;
7. Florence and Marion counties;
8. Greenville and Pickens counties;
9. Horry and Georgetown counties;
10. Union and York counties;
11. Lee and Darlington counties;
12. Marlboro and Dillon counties;
13. Chester and Fairfield counties;
14. Lancaster and Chesterfield counties;
15. Sumter and Calhoun counties;
16. Clarendon and Williamsburg counties;
17. Beaufort and Jasper counties;
18. Dorchester and Colleton counties;
19. Orangeburg and Bamberg counties;
20. Allendale and Hampton counties;
21. Aiken and Barnwell counties;
22. Lexington and Saluda counties;
23. Edgefield and McCormick counties.
The Governor shall appoint one member from the State at large who shall serve as chairman. The terms of the members are for a period of four years and until their successors are appointed and qualify. Terms for all members commence on July first of the year of appointment. Of the members initially appointed from the two-county areas, the Governor shall appoint one member from each of the following counties for a term of two years: Kershaw, Cherokee, Newberry, Greenwood, Charleston, Anderson, Marion, Pickens, Georgetown, York, Darlington, and Dillon, and the Governor shall appoint one member from each of the following counties for a term of four years: Fairfield, Chesterfield, Calhoun, Williamsburg, Jasper, Colleton, Bamberg, Hampton, Barnwell, Lexington, and McCormick. Upon the expiration of the initial terms of the members appointed from the two-county areas, the Governor shall rotate the appointment of these members between the counties in each of the two-county areas. The advisory committee may select other officers from its membership to serve for terms designated by it. Vacancies must be filled in the manner of the original appointments for the unexpired portions of the terms. The members of the advisory committee must be paid the usual mileage and subsistence as is provided by law for members of state boards, commissions, and committees. The advisory committee must meet four times a year, and may meet more often if the chairman considers it necessary or if ten members request the chairman to call a meeting, and the Secretary approves such additional meetings. The advisory committee may not meet at any location outside the boundaries of South Carolina. The advisory committee shall advise and consult with the secretary on the following matters:

(a) the condition of and prospects for economic development in the State--particularly in the rural areas;

(b) the fostering of a close working relationship between the primarily rural, or primarily agricultural, counties of the State and the counties which are primarily nonrural or nonagricultural;

(c) the identification of problems facing smaller rural counties and of solutions to those problems;

(d) having input to the secretary regarding industrial prospects throughout the State; and

(e) any other matter which the secretary considers necessary to assist the secretary, in the way of consultation or advice, in carrying out any of the secretary's duties or functions under this article.

Section 13-1-380. (A) Notwithstanding the provisions of Section 13-1-40, there is established within the division a Recycling Market Development Advisory Council to assist in the development of markets for recovered materials and products with recycled content in this State.

(B) The members of the advisory council shall be appointed not later than ninety days after this article is effective.

(C) The advisory council shall consist of fourteen members to be appointed by the Governor to include:

(1) one member shall represent the division;

(2) one member shall represent county governments;

(3) one member shall represent municipalities;

(4) one member shall represent the solid waste collection and disposal industry;

(5) one member shall represent the existing recycling industry;

(6) one member shall represent the glass industry;

(7) one member shall represent the paper industry;

(8) one member shall represent the aluminum industry;

(9) one member shall represent the plastics industry;

(10) one member shall represent the tire industry;

(11) one member shall represent the general public;

(12) one member shall represent the oil industry;

(13) one member shall represent the scrap metal recycling industry; and

(14) one member shall represent higher education research institutions.

(D) Each member of the advisory council shall serve a two-year term beginning on the date of his appointment and shall serve until a successor is appointed and qualified. Members shall serve at the pleasure of their appointing authority and shall receive the usual mileage, per diem, and subsistence provided by law for members of boards, committees, and commissions. Until sufficient funds have accumulated in the Solid Waste Management Trust Fund to cover the advisory council's expenses, the appointing authorities shall provide the mileage, per diem, and subsistence for their respective appointees. Any other expenses of the advisory council shall be shared equally by the appointing authorities until the trust fund has sufficient funds to cover the expenses.

(E) The chairman shall be designated by the Secretary of the Department of Commerce and Economic Development and the advisory council shall select its own vice-chairman. The advisory council shall adopt operating procedures and shall meet on the call of the chairman or of a majority of the members. Members shall promulgate regulations concerning meeting attendance. A majority of the members shall constitute a quorum to do business. The division shall provide the necessary staff and administrative facilities and services to the advisory council. The Department of Health and Environmental Control shall provide technical assistance to the council at the request of the chairman or of the vice-chairman, or by majority vote of the advisory council.

(F) Not later than fifteen months after this article is effective, the council shall provide to the Governor and to the General Assembly an initial report which shall include, at a minimum, the following:

(1) a description and analysis of this state's existing recycling industry;

(2) an analysis of the projected long-term capacity of existing markets to absorb materials generated by source separation, recovery, or recycling programs;

(3) an analysis of potential markets in this State, in other states, or in foreign countries for recovered materials and products with recycled content from this State;

(4) an analysis of institutional, economic, and technical barriers to the use of recovered materials and products with recycled content;

(5) recommendations for actions which may be taken to increase demand for source separated, recovered, or recycled materials or products;

(6) recommendations for actions which may be taken to increase the incentives for private individuals and for business and industry to consume or export recovered materials and products with recycled content;

(7) an analysis of the compatibility of recycling with solid waste treatment or disposal methods and recommendations on the feasibility of the implementation of mechanisms for cooperative marketing of recyclable materials;

(8) recommendations on categories of materials which should be recovered, given existing and potential markets for such materials;

(9) recommendations for a public education program to be implemented by the Office of Solid Waste Reduction and Recycling within the department to provide information to the public and to business and industry on the benefits of source separation, recovery, and recycling and on the availability of recovered materials or products with recycled content;

(10) a study of methods of and cost effectiveness of source separation and recycling of recovered materials;

(11) a study of packaging reduction; and

(12) a study of the design of products at the primary stage of development to promote recyclability.

(G) Following its initial report, the council shall submit to the Governor and to the General Assembly by the end of each calendar year an annual report on recycling activities in this State which shall, at a minimum, include the following:

(1) any revisions which the council determines are necessary to its initial report;

(2) a description and analysis of the amounts and types of solid waste materials recovered or recycled in this State during the preceding year;

(3) recommendations regarding materials which should be added to or deleted from source separation, recovery, and recycling programs; and

(4) any other recommendations, including tax incentives, to facilitate the development of markets for recovered materials or products in this State."

SECTION 226. Chapter 1, Title 13 of the 1976 Code is amended by adding:

Section 13-1-610. The following terms, when used in this article, shall have the following meanings unless the context clearly requires otherwise:

(1) `Deputy secretary' means the Deputy Secretary for the Division of Savannah Valley Development;

(3) `Division' means the Division of Savannah Valley Development; and

(4) `Secretary' means the Secretary of the Department of Commerce and Economic Development.

Section 13-1-620. The secretary has all the rights and powers necessary or convenient to manage the business and affairs of the division and to take action as he considers advisable, necessary, or convenient in carrying out his powers, including, but not limited to, the following rights and powers to:

(a) have perpetual succession;

(b) sue and be sued;

(c) adopt, use, and alter a corporate seal;

(d) adopt and amend bylaws for regulation of the division's affairs consistent with this article;

(e) notwithstanding any provision of law or regulation to the contrary, and in accordance with the division's own procurement procedures and regulations as approved by the Budget and Control Board, acquire, purchase, hold, use, improve, manage, lease, mortgage, pledge, sell, transfer, and dispose of any property, real, personal, or mixed, or any interest in any property, or revenues of the division, including as security for notes, bonds, evidences of indebtedness, or other obligations of the division. Except for the provisions of Sections 11-35-5210 through 11-35-5270, inclusive, in exercising the powers authorized in this article the division is exempt from Title 11, Chapter 35. The secretary has no power to pledge the credit and the taxing power of the State or any of its political subdivisions;

(f) receive contributions, donations, and payments and to invest and disburse the division's funds;

(g) make inquiry into the status of, and plans for, the development of the J. Strom Thurmond project and the Richard B. Russell project by the United States government, by the State of Georgia, or by any other agency or instrumentality;

(h) encourage, assist, promote, and cooperate in the development of the Savannah River and the streams, canals, or watercourses now or at a later time connected to or flowing into the river and to appear on behalf of the State before any agency, department, or commission of this State, of the United States, or of any other state in furtherance of the development or of any matter connected with the development or related to the development;

(i) negotiate agreements, accords, or compacts on behalf of and in the name of the State with the State of Georgia or the United States, or both, with any agency, department, or commission of either or both, or with any other state or any agency, department, or commission of the other state, relating to the development of the Savannah River and the development of the streams, canals, or watercourses now or at a later time connected to or flowing into the river, and particularly in reference to joint or concurrent action in the furtherance of agreements, accords, or contracts. Interstate compacts made by the division are subject to approval by concurrent resolution of the General Assembly;

(j) act as a regional development agency of the State to receive, purchase, hold title to, and to manage any real property in the division's jurisdiction acquired by release of surplus real property, by purchase, by donation, by lease, or by exchange and to develop and promote the development of the land for recreational, transportation, residential, commercial, and industrial purposes, both public and private, and to lease, sublease, or convey title in fee simple to the real property as provided in the bylaws of the division. The division shall retain, carry forward, or expend any proceeds derived from the sale, lease, rental, or other use of real and personal property under the division's exclusive jurisdiction. The proceeds shall only be used in the development and the promotion of the division as provided by this article and for the purposes authorized by this article;

(k) promulgate regulations governing the use of or doing business on the division's property or facilities, including the adoption of safety standards and insurance coverage or proof of financial responsibility, including, but not limited to, providing for the licensing of persons, firms, or corporations using or doing business on such property or facilities, and for license fees to cover the expense thereof;

(l) borrow money, make and issue notes, bonds, and other evidences of indebtedness, including refunding and advanced refunding notes and bonds, of the division; to secure the payment of the obligations or any part by mortgage, lien, pledge, or deed of trust on any of its property, contracts, franchises, or revenues, including the proceeds of any refunding and advanced refunding notes, bonds, and other evidences of indebtedness and the investments in which proceeds are invested and the earnings on and income from the investments; to invest its monies, including without limitation its revenues and proceeds of the notes, bonds, or other evidences of indebtedness, in obligations of, or obligations the principal of and interest on which are guaranteed by or are fully secured by contracts with, the United States, in obligations of any agency, instrumentality, or corporation which has been or may at a later time be created by or pursuant to an act of the United States Congress as an agency, instrumentality, or corporation, in direct and general obligations of this State, and in certificates of deposit issued by any bank, trust company, or national banking association; to make agreements with the purchasers or holders of the notes, bonds, or other evidences of indebtedness or with others in connection with any notes, bonds, or other evidences of indebtedness, whether issued or to be issued, as the division considers advisable; and to provide for the security for the notes, bonds, or other evidences of indebtedness and the rights of the holders of the notes, bonds, or other evidences of indebtedness. In the exercise of the powers granted in this section to issue advanced refunding notes, bonds, or other evidences of indebtedness the secretary may, but is not required to, avail himself of or comply with any of the provisions of Chapter 21 of Title 11. The secretary, when investing in certificates of deposit, shall invest in certificates of deposit issued by institutions authorized to do business in this State if the institutions offer terms which, in the opinion of the secretary, are equal to or better than those offered by other institutions;

(m) loan the proceeds of notes, bonds, or other evidences of indebtedness to a person, corporation, or partnership to construct, acquire, improve, or expand the projects described in Section 13-1-640;

(n) make contracts, including service contracts with a person, corporation, or partnership, to provide the services provided in Section 13-1-640, and to execute all instruments necessary or convenient for the carrying out of business.

(o) For the acquiring of rights-of-way and property necessary for the accomplishment of its duties and purposes, the division may purchase them by negotiation or may condemn them, and should it elect to exercise the right of eminent domain, condemnation actions must be in the name of the division. The power of eminent domain applies to all property of private persons or corporations and also to property already devoted to public use in Abbeville and McCormick Counties.

(p) employ and dismiss those employees, consultants, and other providers of services he considers necessary for the division and to fix and to pay their compensation. Employees of the division or an entity established pursuant to Section 13-1-790 are not considered state employees except for eligibility for participation in the State Retirement System and the State Health Insurance Group Plans and pursuant to Chapter 78 of Title 15. The provisions of Chapter 11 of Title 8 and Article 5, Chapter 17 of Title 8 do not apply to the division. The division is responsible for complying with the other state and federal laws covering employers. The division may contract with the Division of Human Resources Management of the State Budget and Control Board to establish a comprehensive human resource management program.

(q) fix, alter, charge, and collect tolls, fees, rents, charges, and assessments for the use of the facilities of or for the services rendered by, the division; these rates must be at least sufficient to provide for payment of all expenses of the division, the conservation, maintenance, and operation of its facilities and properties, the payment of principal and interest on its notes, bonds, and other evidences of indebtedness or obligation, and to fulfill the terms and provisions of any agreements made with the purchasers and holders of these notes, bonds, or other evidences of indebtedness or obligation.

Section 13-1-630. The secretary may exercise any of the powers and duties conveyed under Section 13-1-620 in the entire area of a county or portion of a county which borders the Savannah River or is within the Savannah River Basin.

Section 13-1-640. In furtherance of its purposes, the division may issue revenue bonds, the interest on which may or may not be excludable from gross income for federal income tax purposes, for the purpose of raising funds needed from time to time for the financing or refinancing, in whole or in part, the acquisition, construction, equipment, maintenance, and operation of a facility, building structure, or any other matter or thing which the division is authorized to acquire, construct, equip, maintain, or operate. In connection with the issuance of bonds, the division may enter into an agreement with a company to construct, operate, maintain, and improve a project, and the division may enter into a financing agreement with the company prescribing the terms and conditions of the payments to be made by the company to the division, or its assignee, to meet the payments that become due on bonds.

Section 13-1-650. Revenue bonds issued under this article for any project described in Section 13-1-640 must be authorized by executive order of the secretary. The secretary's executive order may contain provisions which are a part of the contract between the division and the several holders of the bonds as to:

(a) the custody, security, use, expenditure, or application of the proceeds of the bonds;

(b) the acquisition, construction, and completion of any project for which the bonds are issued;

(c) the use, regulation, operation, maintenance, insurance, or disposition of the project for which the bonds are issued, or any restrictions on the exercise of the powers of the division to dispose of or limit or regulate the use of the project;

(d) the payment of the principal of or interest on the bonds and the sources and methods of payment, the rank or priority of any bonds as to any lien or security, or the acceleration of the maturity of any bonds;

(e) the use and disposition of the revenues derived or to be derived from the operation of any project;

(f) the pledging, setting aside, depositing, or entrusting of the revenues from which the bonds are made payable to secure the payment of the principal of and interest on the bonds or the payment of expenses of operation and maintenance of the project;

(g) the setting aside of revenues, reserves, or sinking funds and the source, custody, security, regulation, and disposition of the revenues, reserves, or sinking funds;

(h) the determination of the definition of revenues or of the expenses of operation and maintenance of the project for which the bonds are issued;

(i) the rentals, fees, or other charges derived from the use of the project and the fixing, establishing, collection, and enforcement of the rentals, fees, or other charges, the amount or amounts of revenues to be produced by the rentals, fees, or other charges, and the disposition and application of the amounts charged or collected;

(j) limitations on the issuance of additional bonds or any other obligations or the incurrence of indebtedness payable from the same revenues from which the bonds are payable;

(k) rules to insure the use of the project by the public or private sector to the maximum extent to which the project are capable of serving the public or private sector;

(l) any other matter or course of conduct which, by recital in the resolution authorizing the bonds, is declared to further secure the payment of the principal of or interest on the bonds.

Section 13-1-660. The bonds may be issued in one or more series, may bear a date, may mature at a time not exceeding forty years from their respective dates, may bear interest at the rate or rates per annum as approved by the State Budget and Control Board, may be payable in a medium of payment and at a place, may be in a denomination, may be in a form, either coupon or registered, may carry registration privileges, may be subject to terms of redemption before maturity, with or without premium, and may contain terms, covenants, and conditions as the resolution authorizing the issuance of the bonds may provide. The interest rate on bonds issued by the division, the proceeds of which are loaned to a company pursuant to a financing agreement to construct or acquire a project authorized under Section 13-1-640, are not subject to approval by the State Budget and Control Board. The bonds are fully negotiable within the meaning of and for the purposes of the Uniform Commercial Code.

Section 13-1-670. The principal of and interest on bonds issued under this article are exempt from taxation, as provided in Section 12-1-60. All security agreements, indentures, and financing agreements made pursuant to the provisions of this article are exempt from state stamp and transfer taxes.

Section 13-1-680. No bonds may be issued pursuant to the provisions of this article until the proposal of the secretary to issue the bonds receives the approval of the State Budget and Control Board. When the secretary proposes to issue bonds, he shall file a proposal with the Budget and Control Board setting forth:

(a) a brief description of the project proposed to be undertaken and its anticipated effect upon the economy of the area in which the project is to be located;

(b) a reasonable estimate of the cost of the project;

(c) a general summary of the terms and conditions of any financing agreement and security agreement. Upon the filing of the proposal the Budget and Control Board shall, as soon as practicable, make an independent investigation, as it considers necessary or appropriate, and if it finds that the project is intended to promote the purposes of this article, it may approve the project. At any time following the approval, the division may proceed with the acquisition and financing of the project. If the proceeds of the bonds are to be made available to a company to construct a project, as provided in Section 13-1-440, notice of the approval of any project by the Budget and Control Board must be published at least once by the division in a newspaper having general circulation in the county where the project is to be located. Any interested party may, within twenty days after the date of the publication of notice, but not after the twenty days, challenge the validity of the approval in the court of common pleas in the county where the project is to be located.

Section 13-1-690. The bonds must be signed in the name of the secretary by the manual or facsimile signature of the secretary. Interest coupons attached to the bonds must be signed by the facsimile signature of the secretary. The bonds may be issued notwithstanding that the secretary signing them or whose facsimile signature appears on the bonds or the coupons has ceased to hold office at the time of issue or at the time of the delivery of the bonds to the purchaser.

Section 13-1-700. The bonds must be sold at public or private sale upon terms and conditions as the State Budget and Control Board considers advisable.

Section 13-1-710. The deputy secretary shall file with the State Treasurer within thirty days from the date of their issuance a complete description of all obligations entered into by the division with the rates of interest, maturity dates, annual payments, and all pertinent data.

Section 13-1-720. All provisions of a resolution authorizing the issuance of the bonds in accordance with this article and any covenants and agreements constitute legally binding contracts between the division and the several holders of the bonds, regardless of the time of issuance of the bonds, and are enforceable by any holder by mandamus or other appropriate action, suit, or proceeding at law or in equity in any court of competent jurisdiction.

Section 13-1-730. The bonds authorized by the article are limited obligations of the division. The principal and interest are payable solely out of the revenues derived by the division, including any revenues that may be derived by the division pursuant to the financing agreement with respect to the project which the bonds are issued to finance. The bonds are an indebtedness payable solely from a revenue producing source or from a special source which does not include revenues from any tax or license. The bonds do not constitute nor give rise to a pecuniary liability of the division, the State, or any political subdivision of the State, or to a charge against the general credit of the division, the State, or any political subdivision of the State or taxing powers of the State, or any political subdivision of the State, and this fact must be plainly stated on the face of each bond. The principal of and interest on any bonds issued under this article must be secured by a pledge of the revenues from which the bonds are payable, may be secured by a security agreement, including a mortgage or any property given as security pursuant to a financing agreement, and may be additionally secured by a pledge of the financing agreement with respect to the project. In making any agreements or provisions, the division does not have the power to obligate itself with respect to any project for which the proceeds of bonds issued under this article have been loaned to a company, except with respect to the project and the application of the revenues from the financing agreement, and does not have the power to incur a pecuniary liability or a charge upon its general credit. The trustee under any security agreement or indenture, or any depository specified by the security agreement or indenture, may be any person or corporation as the division designates, notwithstanding that the trustee may be a nonresident of this State or incorporated under the laws of the United States or the laws of other states.

Section 13-1-740. All funds of the division must be invested by the State Treasurer and, upon approval and designation by the State Treasurer of a financial institution or institutions, all funds must be deposited in such institutions by the division in accordance with policies established by the secretary. Funds of the division must be paid out only upon warrants issued in accordance with policies established by the secretary. No warrants may be drawn or issued disbursing any of the funds of the division except for a purpose authorized by this article. The net earnings of the division, beyond that necessary for retirement of its bonds or other obligations or to implement the purposes of this article, may not inure to the benefit of any person other than the division. Upon termination of the existence of the division, title to all property, real and personal, owned by it, including net earnings, vests in the State.

Section 13-1-750. The division shall retain unexpended funds at the close of the fiscal year of the State regardless of the source of the funds and expend the funds in subsequent fiscal years.

Section 13-1-760. (A) Prior to undertaking any project authorized by Section 13-1-640, the secretary shall make a determination:

(1) that the project will serve the purposes of this article;

(2) that the project is anticipated to benefit the general public welfare of the locality by providing services, employment, recreation, or other public benefits not otherwise provided locally;

(3) that the project will give rise to no pecuniary liability of the division, the State, or any political subdivision of the State, or charge against the general credit of the division, the State, or any political subdivision of the State, or taxing power of the State or any political subdivision of the State if the proceeds are loaned by the division to a company to construct a project;

(4) as to the amount of bonds required to finance the project;

(5) as to the amount necessary in each year to pay the principal of and the interest on the bonds proposed to be issued to finance the project;

(6) as to the amount necessary to be paid each year into any reserve funds which the secretary may consider advisable to establish in connection with the retirement of the proposed bonds and the maintenance of the project. The determinations of the secretary must be set forth in the proceedings under which the proposed bonds are to be issued.

(B) Every financing agreement between the division and a company with respect to a project shall contain an agreement obligating the company to complete the project if the proceeds of the bonds prove insufficient, and obligating the company to pay an amount under the terms of a financing agreement, which, upon the basis of the determinations made by the secretary, is sufficient:

(1) to pay the principal of and interest on the bonds issued to finance the project;

(2) to build up and maintain any reserves considered by the secretary to be advisable in connection with the project;

(3) to pay the costs of maintaining the project in good repair and keeping it properly insured, unless the financing agreement obligates the company to pay for the maintenance and insurance of the project.

Section 13-1-770. The proceeds from the sale of any bonds issued under division of this article may be applied only for the purpose for which the bonds were issued, except any premium and accrued interest received in any sale must be applied to the payment of the principal of or the interest on the bonds sold, and if for any reason any portion of the proceeds are not needed for the purpose for which the bonds were issued, that portion of the proceeds must be applied to the payment of the principal of or the interest on the bonds. The cost of acquiring any project includes the following:

(a) the actual cost of the construction of any part of a project, including architects', engineers', and attorneys' fees;

(b) the purchase price of any part of a project that may be acquired by purchase;

(c) all expenses in connection with the authorization, sale, and issuance of the bonds to finance the acquisition;

(d) the interest on the bonds for a reasonable time prior to construction and for not exceeding one year after completion of the construction.

Section 13-1-780. The regulations of the division must be promulgated in accordance with Chapter 23 of Title 1.

Section 13-1-790. The secretary may establish profit or not-for-profit corporations as he considers necessary to carry out the purposes of this article. Officials or employees of the division may act as officials or employees of the corporations created pursuant to this section without additional compensation. A corporation created pursuant to this section is considered a "public procurement unit" for purposes of Article 19, Chapter 35 of Title 11. The division may make grants or loans to, or make guarantees for, the benefit of a not-for-profit corporation which the division has caused to be formed whose articles of incorporation require that its directors be elected by members of the division and all assets of which, upon dissolution, must be distributed to the division if it is in existence or, if it is not in existence, then to this State. These grants, loans, or guarantees may be made upon a determination by the division that the receiving not-for-profit corporation is able to carry out the purposes of this article and on the terms and conditions imposed by the division. A guarantee made by the division does not create an obligation of the State or its political subdivisions and is not a grant or loan of the credit of the State or a political subdivision. A guarantee issued by the division must be a special obligation of the division. Neither this State nor any political subdivision is liable on a guarantee nor may they be payable out of any funds other than those of the division and a guarantee issued by the division must contain on its face a statement to that effect.

Section 13-1-800. The property of the division is not subject to any taxes or assessments, but the division shall negotiate a payment in lieu of taxes with the appropriate taxing authorities.

Section 13-1-810. Notwithstanding any provision of law or regulation, the division continues to be an `agency' for purposes of Chapter 78 of Title 15; however, the division is not considered to be an `agency' or `state agency' or any other form of state institution for purposes of Sections 2-7-65 and 2-57-60."

SECTION 227. Chapter 1, Title 13 of the 1976 Code is amended by adding:

Section 13-1-1110. The following terms, when used in this article, shall have the following meanings unless the context clearly requires otherwise:

(1) `Deputy secretary' means the Deputy Secretary for the Division of Research;

(3) `Division' means the Division of Research; and

(4) `Secretary' means the Secretary of the Department of Commerce and Economic Development.

Section 13-1-1115. The principal office of the division must be in the standard metropolitan area of Columbia.

Section 13-1-1120. The objectives of the division include but are not limited by the following:

(1) To advance the general welfare of the people;

(2) To increase the opportunities for employment of citizens of South Carolina;

(3) To develop the human, economic, and productive resources of South Carolina;

(4) To promote and encourage expansion of the research and development sector, with emphasis on capital formation and investments in research and development within South Carolina;

(5) To create and maintain a dialogue between the public and private research communities;

(6) To enhance the potential for private support for South Carolina colleges and universities, to promote cooperative research efforts between the private sector and South Carolina universities and colleges, and to strengthen the partnership among state government, higher education, and business and industry;

(7) To assist South Carolina colleges universities in attracting nationally prominent academic researchers and professors and to serve as an initial linkage between the state's outstanding existing research and the business and industrial sector;

(8) To maximize the research capabilities of the public and private universities and colleges in South Carolina; and

(9) To foster the perception of South Carolina as an international leader in the idea generation and the development, testing, and implementation of new advances in science and technology.

Section 13-1-1130. The secretary shall operate research parks in cooperation with the institutions of higher learning in South Carolina. Three parks initially must be established, one each near Clemson University, the Medical University of South Carolina, and the University of South Carolina. The secretary may establish and operate additional research parks and research, computer and technology-related projects, and facilities as determined by the board of trustees. The secretary is responsible for all decisions and operations of any research park, project, or facility established under this article.

Section 13-1-1140. The deputy secretary shall maintain through a designated agent accurate and complete books and records of account, custody, and responsibility for the property and funds of the division and control over the division bank account.

Section 13-1-1150. Negotiations with any prospective industry or business concern considering a research park or South Carolina as a facility site are confidential information and must not be disclosed without the permission of the industry or business concern. Information relating pending or incomplete research projects is confidential as determined by the board.

Section 13-1-1160. Representatives of industry and academic research communities, who (a) share a common interest in the economic development of South Carolina (b) assume an active role in the division's activities by their personal involvement, shall, upon nomination by the deputy secretary and with approval by the secretary, become members of the Technical Advisory Committee of the Division of Research (advisory committee). The advisory committee members shall serve for two-year terms and be eligible to serve three consecutive terms. The secretary shall replace, in the original manner, any member who resigns, dies, or is otherwise unable to serve. The purpose of the advisory committee is to advise and assist the division when so requested by it. The advisory committee shall ensure that the division has the input of the research community in implementing its programs and services. The advisory committee shall hold regular meetings at such time and place as determined by the secretary. Meetings of the advisory committee may be called by the secretary or deputy secretary upon notice sent by any usual means of communication with reasonable notice.

Section 13-1-1170. The secretary has full power and authority to manage the business and affairs of the division and to take such action as he may consider advisable, necessary, or convenient in carrying out its powers granted by this article and any other law including the following powers:

(1) To have perpetual succession as a corporation;

(2) To sue and be sued;

(3) To adopt, use, and alter a corporate seal;

(4) To make and amend bylaws for the division's management consistent with the provisions of this article;

(5) To acquire, purchase, hold, use, improve, lease, mortgage, sell, transfer, and dispose of any property, real, personal, or mixed, or any interest therein.

(6) To receive contributions, donations, and payments and invest and disperse the division's funds;

(7) To construct, operate, and maintain research parks, related facilities, and infrastructure;

(8) From time to time to borrow money, make and issue negotiable notes, bonds and other evidences of indebtedness, including refunding and advanced refunding notes, bonds, and other evidences of indebtedness, of the division; to secure the payment of the obligations or any part by mortgage, lien, pledge, or deed of trust, on all or any of its property, contracts, franchises, or revenues, including the proceeds of any refunding and advanced refunding notes, bonds, and other evidences of indebtedness and the investments in which proceeds are invested and the earning on and income therefrom; to invest the division's monies, including without limitation its revenues and proceeds of the notes, bonds, or other evidences of indebtedness, in obligations of, or obligations the principal of and interest on which are guaranteed by or are fully secured by contracts with, the United States of America, in obligations of any agency, instrumentality, or corporation which has been or may hereafter be created by or pursuant to an act of Congress of the United States as an agency, instrumentality, or corporation thereof, in direct and general obligations of the State of South Carolina, and in certificates of deposit issued by any bank, trust company, or national banking association; provided, that the secretary, when investing in certificates of deposit, shall invest in certificates of deposit issued by institutions authorized to do business in South Carolina if such institutions offer terms which, in the opinion of the secretary, are equal to or better than those offered by other institutions; to make agreements with the purchasers or holders of such notes, bonds, or other evidences of indebtedness or with others in connection with any such notes, bonds, or other evidences of indebtedness, whether issued or to be issued, as the division shall deem advisable; and in general to provide for the security for the notes, bonds, or other evidences of indebtedness and the rights of the holders thereof; provided, that in the exercise of the powers herein granted to issue advanced refunding notes, bonds, or other evidences of indebtedness the secretary, may, but shall not be required to, avail itself of or comply with any of the provisions of Sections 11-21-10 to 11-21-80 (Advanced Refunding Act);

(9) To make bylaws for the management and regulation of its affairs;

(10) To make contracts and to execute all instruments necessary or convenient for the carrying out of business;

(11) To delegate authority to any agent or establish any committee in order to accomplish the purposes of the division;

(12) To mortgage, pledge, hypothecate, or otherwise encumber the property, real, personal, or mixed, or facilities, or revenues of the division as security for notes, bonds, evidences of indebtedness, or other obligations of the division; provided, the secretary shall have no authority to pledge the credit and the taxing power of the State or any of its political subdivisions;

(13) To maintain an inventory of research efforts in South Carolina;

(14) To attract investments in research and development and high technology industries by focusing attention on various educational, cultural, scientific, and economic activities in South Carolina and by assisting potential investors with information requested to determine whether to invest in South Carolina.

Section 13-1-1180. It is found and declared that the project authorized by this article is in all respects for the benefit of all the people of the State, for the improvement of their welfare and material prosperity, and is a public purpose and being a corporation owned completely by the people of the State. The division shall pay no taxes or assessments including, but not limited to, income tax, sales and use tax, and property tax upon any of the property acquired by it or upon any of its activities; except that the division is entitled to the above-referenced sales and use tax exemption only in (1) transactions to obtain tangible personal property for the division's own use or consumption, (2) transactions related to division contracts with governmental entities and nonprofit entities, and (3) transactions related to division contracts with private, for profit entities doing business in South Carolina, where these contracts do not place these entities in competition with other private, for profit entities doing business in South Carolina. The securities and other obligations issued by the division, their transfer, and the income is free from taxation. After payment of necessary operating expenses and all annual debt requirements, the division shall reinvest net earnings furthering the purposes of this article.

Section 13-1-1190. Nothing contained in the provisions of this article shall, at any time or in any manner, involve the credit and taxing power of the State, or of any of its political subdivisions; nor shall any of the securities or other evidences of indebtedness authorized to be issued in and by this article ever be or constitute obligations of the State or any of its political subdivisions; nor shall the State or any of its political subdivisions ever be liable or responsible, in any way, for the payment of the principal or interest of or on such security or other evidences of indebtedness.

Section 13-1-1200. The division may assist public and private universities in South Carolina in their efforts to identify and attract nationally prominent academic researchers and professors to accept positions in our schools following established university procedures. This assistance includes coordination of corporate contributions or the provision for direct subsidies to establish professorships and salary supplements competitive in the national markets. The sole determination for hiring resides with the individual institutions.

Section 13-1-1210. The division shall identify subject areas of common interest to the public and private sectors and shall promote the use of South Carolina universities to perform research for private industries.

Section 13-1-1220. The secretary may establish, in cooperation with the state's colleges and universities, a statewide professional research organization to promote social, professional, and business relationships among researchers in the public and private sectors of the State. The organization established shall conduct regular, regional, and statewide meetings to provide a forum for research presentations and to bring researchers from various industries and universities together to discuss topics of common interest.

Section 13-1-1230. The division shall in no way interfere in the relationships colleges and universities have established or may establish in the future with industry. The division shall not infringe upon the rights of faculty members to pursue their own research interests or to secure funding for them. The division shall not inhibit similar scientific activities in the research parks, but the division may promote individual parks for differing activities of scientific excellence.

Section 13-1-1240. The division and its employees are exempted from the application of Title 8 (Public Officers and Employees), except for Chapter 13 (Ethics and Disclosure), and Title 9 (State Retirement Systems)."

SECTION 228. Chapter 1, Title 13 of the 1976 Code is amended by adding:

Section 13-1-1510. There is hereby created the Advisory Coordinating Council for Economic Development. The membership shall consist of the Secretary of the Department of Commerce and Economic Development, the Commissioner of Agriculture, the Chairman of the South Carolina Employment Security Commission, the Chairman of the South Carolina Parks, Recreation and Tourism Commission, the Chairman of the State Board for Technical and Comprehensive Education, the Chairman of the South Carolina Ports Authority, the Chairman of the South Carolina Public Service Authority, the Chairman of the South Carolina Jobs Economic Development Authority, the Chairman of the South Carolina Tax Commission, and the Chairman of the Small and Minority Business Expansion Council. The Secretary of the Department of Commerce and Economic Development shall serve as the chairman of the advisory coordinating council.

Section 13-1-1520. (A) The advisory coordinating council shall meet at least quarterly. It shall enhance the economic growth and development of the State through strategic planning and coordinating activities which must include:

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

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

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

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

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

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

Section 13-1-1530. The advisory coordinating council shall make reports to the Governor, the chairmen of the Senate Finance and House Ways and Means Committees, and the General Assembly at least annually in the Department of Commerce and Economic Development's annual report on the status and progress of economic development goals which have been set for the State as a part of the ongoing planning process and on the commitments, expenditures, and balance of the Economic Development Account, with appropriate recommendations.

Section 13-1-1540. (A) The advisory coordinating council shall make recommendations to the Governor, the General Assembly, and the State Budget and Control Board as to the policies and programs involved in the state's economic development it considers necessary to carry out the objectives of the strategic plan.

(B) The advisory coordinating council shall review agency requests for legislative appropriations for economic development and may make recommendations to the Budget and Control Board and the General Assembly concerning requests compatible with the objectives of the strategic plan. Nothing in this section limits an agency's direct access to the General Assembly, and comment by the advisory coordinating council is not a part of the budget process.

Section 13-1-1550. Funds for technical, administrative, and clerical assistance and other expenses of the advisory coordinating council must be provided by the member agencies. The advisory coordinating council may establish technical advisory committees in order to assist in the development of a strategic plan for economic development. The advisory coordinating council shall seek to utilize data relevant to the economic growth and development of the State which is available from the Department of Highways and Public Transportation, the University of South Carolina, Clemson University, and other state agencies and organizations.

Section 13-1-1560. If any provision of Sections 13-1-1510 through 13-1-1560 is in conflict with any existing provisions of law pertaining to the member agencies of the advisory coordinating council, notwithstanding the fact that the provisions of law contained in Sections 13-1-1510 through 13-1-1560 have a later effective date, the prior provision controls. Neither Sections 13-1-1510 through 13-1-1560 nor the advisory coordinating council shall infringe upon nor diminish the self-governing autonomy of the agencies involved."

SECTION 229. Title 13 of the 1976 Code is amended by adding:

Section 13-2-10. Notwithstanding any other provision of law, the South Carolina Department of Social Services and the South Carolina Department of Health and Environmental Control, or any other State agency, are hereby authorized to enter into written agreements with any other State agency or interagency council, whether created by statute or executive order, to insure that the purposes and function of comprehensive development programs can be more effectively and efficiently implemented.

Provided, however, that no agency shall commit any funds by contract unless previously appropriated by the General Assembly. Provided, that any State agency which is created by executive order, and exercising the provisions of this section, shall contain at least four members of the legislature on its governing board, two of whom shall be selected from the membership of the Senate by the President of that body and two of whom shall be selected from the membership of the House of Representatives by the Speaker of that body."

SECTION 230. Section 13-7-20 of the 1976 Code is amended to read:

"Section 13-7-20. The Division of State Development Board of the Department of Commerce and Economic Development, hereinafter in this section referred to as the Board division, is hereby designated as the agency of the State which shall be responsible for the promotion and development of atomic energy resources in South Carolina.

In accordance with the laws of this State, the Board division shall employ, compensate, and direct the activities of such individuals as may be necessary to carry out the provisions of this article. The Board division shall have the following powers and duties in the promotion and development of atomic energy industries, and resources, in addition to its other duties as imposed by law:

(1) Promote and assist in the establishment of private atomic energy facilities such as nuclear fuel manufacturing, fabrication, and reprocessing plants; radioisotope facilities; waste-disposal sites; test-reactor sites; transportation facilities; and others which are necessary or desirable for the promotion and development of atomic energy resources within the State.

(2) Assist the Governor, the General Assembly, and other agencies of State government in the development and promotion of atomic energy resources and industrial activities.

(3) Coordinate the atomic energy industrial development activities of the State, recognizing the regulatory authority of the State Department of Health and the duties of other departments of State government.

(4) Maintain a close liaison with the industrial community, the Federal Government federal government, the governments of other states, and regional bodies concerned with the promotion and development of industrial activity in the field of atomic energy.

(5) Cooperate with institutions of higher learning in order to take full advantage of all research activities which will support atomic energy development and industrial activities.

(6) Accept and administer loans, grants, and other funds or gifts, conditional or otherwise, in the furtherance of its promotion and development functions, from the Federal Government federal government and other sources, public or private."

SECTION 231. Section 13-7-70(4) of the 1976 Code is amended to read:

"(4) The appropriate State agency shall enter into agreements with the respective Federal agencies designed to avoid duplication of effort or conflict in enforcement and inspection activities so that:

(a) Rules and regulations adopted by the Department pursuant to this section may be enforced, within their respective jurisdiction, by any authorized representative of the Department, the State Highway Department Department of Public Safety and the Public Service Commission, according to mutual understandings between such bodies of their respective responsibilities and authority.

(b) The Department, through any authorized representative, may inspect records of persons engaged in the transportation of radioactive materials, during the hours of business operation where such records reasonably relate to the method or contents of packing, marking, loading, handling of radioactive materials in transport within the State.

(c) The Department, through any authorized representative, may enter upon and inspect the premises or vehicles of any person engaged in the transportation of radioactive materials during hours of business operation, with or without a warrant, for the purpose of determining compliance with the provisions of this article and the rules and regulations thereunder.

(d) Upon finding by the Department that any provision of this section or the rules and regulations hereunder are being violated, or that any practice in the transportation of radioactive materials constitutes a clear and imminent danger to the public health and safety, it may issue an order requiring correction."

SECTION 232. Item C. of Section 13-7-160 of the 1976 Code is amended to read:

"C. Rules and regulations adopted by the Department pursuant to this section may be enforced, within their respective jurisdiction, by any authorized representative of the Department, the State Department of Highways and Public Transportation Department of Public Safety and the Public Service Commission, according to mutual understandings between such bodies of their respective responsibilities and authority."

SECTION 233. Section 13-7-230 of the 1976 Code is amended to read:

"Section 13-7-230. The Council council shall consist of eleven members, five of whom shall be appointed by the Governor as follows: One shall be actively involved in the field of environment protection; one shall have experience in the generation of power by nuclear means; one shall have experience in the field of nuclear activities other than power generation; one shall be a scientist or engineer from the faculty of one of the institutions of higher learning in the State; and one shall be from the public at large. The terms of the members to be appointed by the Governor shall be for three years and until their successors are elected and qualify, except that of those first appointed two shall be appointed for three years, two shall be appointed for two years and one shall be appointed for one year.

The other six members shall serve ex officio, one of whom shall be a member of the Senate, to be appointed by the President of the Senate; one of whom shall be a member of the House of Representatives, to be appointed by the Speaker of the House; two of whom shall be representatives of the Department of Health and Environmental Control, to be appointed by the Department or its designated agent; one of whom shall be a representative of the Water Resources Commission, to be appointed by the Executive Director of the Commission; and one of whom shall be a representative of the Division of State Development Board, to be appointed by the Director of the Board Secretary of the Department of Commerce and Economic Development. Ex officio members shall serve terms concurrent with their holding office, or at the pleasure of the person appointing them.

Vacancies on the Council shall be filled in the manner of the original appointment for the unexpired portion of the term only."

SECTION 234. Section 13-11-20 of the 1976 Code is amended to read:

"Section 13-11-20. Members of the board shall be appointed by the Governor as follows: Two members upon nomination of the South Carolina Parks, Recreation and Tourism Commission; one member upon nomination of the South Carolina Land Resources Conservation Commission; two members upon nomination of the State Development Board; one member upon nomination of the Fairfield County council; one member upon nomination of the Fairfield County Development Board; and one member appointed by the Governor, who shall be the chairman. In addition, the Executive Director of the South Carolina Department of Parks, Recreation and Tourism, the Executive Director of the State Development Board, the Executive Director of the State Housing Authority, the Executive Director of the Central Midlands Regional Planning Council, the State Highway Transportation Commissioner representing Fairfield County, the Mayor of the city of Winnsboro, the member of the House of Representatives from District No. 41 and any Senators from Senatorial District No. 7 who are residents of Fairfield County, and the Executive Director of the South Carolina Department of Archives and History shall serve as ex officio members of the board. Terms of office of the appointed members shall be five years and until their successors are appointed and qualified. Vacancies shall be filled in the manner of original appointment for the unexpired term."

SECTION 235.Section 13-11-80 of the 1976 Code is amended to read:

"Section 13-11-80. For the acquiring of rights-of-way and property necessary for the accomplishment of the duties and purposes of the New Horizons Development Authority, all or any of such purposes, the Authority may purchase them by negotiation or may condemn them, and should it elect to exercise the right of eminent domain, condemnation proceedings shall be maintained by and in the name of the Authority, and it may proceed in the manner provided by the laws of the State for procedure by any county, municipality or authority organized under the laws of this State, by the State Highway Department Department of Public Safety, by railroad corporations or in any other manner provided by law as the Authority may in its discretion elect. The power of eminent domain shall apply not only as to all property of private persons or corporations but also as to property already devoted to public use within the area of jurisdiction of the Authority."

SECTION 236. Section 13-19-160 of the 1976 Code, as last amended by Act No. 515, Section 4 of 1992, is amended to read:

"Section 13-19-160. (A) Prior to undertaking any project authorized by Section 13-9-40 13-19-40, the board of the authority shall make a determination:

(1) that the project will serve the purposes of this chapter;

(2) that the project is anticipated to benefit the general public welfare of the locality by providing services, employment, recreation, or other public benefits not otherwise provided locally;

(3) that the project will give rise to no pecuniary liability of the authority, the State, or any political subdivision of the State, or charge against the general credit of the authority, the State, or any political subdivision of the State, or taxing power of the State or any political subdivision of the State if the proceeds are loaned by the authority to a company to construct a project;

(4) as to the amount of bonds required to finance the project;

(5) as to the amount necessary in each year to pay the principal of and the interest on the bonds proposed to be issued to finance the project;

(6) as to the amount necessary to be paid each year into any reserve funds which the board may consider advisable to establish in connection with the retirement of the proposed bonds and the maintenance of the project. The determinations of the board must be set forth in the proceedings under which the proposed bonds are to be issued.

(B) Every financing agreement between the authority and a company with respect to a project shall contain an agreement obligating the company to complete the project if the proceeds of the bonds prove insufficient, and obligating the company to pay an amount under the terms of a financing agreement, which, upon the basis of the determinations made by the board, is sufficient:

(1) to pay the principal of and interest on the bonds issued to finance the project;

(2) to build up and maintain any reserves considered by the board to be advisable in connection with the project;

(3) to pay the costs of maintaining the project in good repair and keeping it properly insured, unless the financing agreement obligates the company to pay for the maintenance and insurance of the project."

SECTION 237. Chapters 3, 9 and 17 of Title 13 and Sections 13-5-10, 13-5-15, 13-5-20, 13-5-30, 13-5-40 and 13-5-50 of the 1976 Code are repealed.

SECTION 238. Section 14-7-130 of the 1976 Code is amended to read:

"Section 14-7-130. In November of every year, the South Carolina Department of Highways and Public Transportation Public Safety shall furnish the State Election Commission a computer tape of the name, address, date of birth, social security number, sex, and race of persons who are over the age of eighteen years and citizens of the United States residing in each county who hold a valid South Carolina driver's license or an identification card issued pursuant to Section 57-3-910. In December of every year, the State Election Commission shall furnish a jury list to county jury commissioners consisting of a tape or list derived by merging the list of registered voters in the county with county residents appearing on the tape furnished by the department, but only those licensed drivers and identification cardholders who are eligible to register to vote may be included in the list. Prior to furnishing the list, the commission shall make every effort to eliminate duplicate names and names of persons disqualified from registering to vote or voting pursuant to the laws and Constitution of this State. As furnished to the jury commissioners by the State Election Commission, the list or tape constitutes the roll of eligible jurors in the county. Expenses of the South Carolina Department of Highways and Public Transportation Public Safety and State Election Commission in implementing this section must be borne by these agencies."

SECTION 239. Section 15-9-350 of the 1976 Code is amended to read:

"Section 15-9-350. The acceptance by a nonresident of the rights and privileges conferred by the laws in force in this State permitting the operation of motor vehicles, as evidenced by the operation of a motor vehicle by such nonresident on the public highways, the streets of any incorporated municipality or the public roads of this State or anywhere within this State, or the operation by such nonresident of a motor vehicle on any such public highways, streets or public roads or anywhere within this State other than as so permitted or regulated shall be deemed equivalent to the appointment by such nonresident of the Chief Highway Public Safety Commissioner or of his successor in office to be his true and lawful attorney upon whom may be served all summons or other lawful process in any action or proceeding against him growing out of any accident or collision in which such nonresident may be involved by reason of the operation by him, for him or under his control or direction, express or implied, of a motor vehicle on such public highways, streets or public roads or anywhere within this State. Such acceptance or operation shall be a signification of his agreement that any such process against him shall be of the same legal force and validity as if served on him personally."

SECTION 240. Section 15-9-360 of the 1976 Code is amended to read:

"Section 15-9-360. The acceptance by a nonresident motor carrier of the rights and privileges conferred by the laws now or hereafter in force in this State, permitting the operation of motor vehicles as evidenced by the operation of a motor vehicle by such nonresident either personally or through an agent or employee on the public highways in this State, or the operation of such nonresident either personally or through an agent, lessee, or employee, of a motor vehicle on the public highways of this State other than as so permitted or regulated, shall be deemed equivalent to the appointment by such nonresident motor carrier of the Chief Highway Public Safety Commissioner, or his successor in office, to be his true and lawful attorney and the attorney of his executor or administrator, upon whom may be served all summonses or other lawful process or notice in any action, assessment proceeding, or other proceeding against him or his executor or administrator, arising out of or by reason of any provisions in Chapter 31 of Title 12 relating to such vehicle or relating to the liability for tax with respect to operation of such vehicle on the highways of this State. Said acceptance or operation shall be a signification by such nonresident motor carrier of his agreement that any such process against or notice to him or his executor or administrator shall be of the same legal force and validity as if served on him personally or on his executor or administrator. All of the provisions of Sections 15-9-370, 15-9-380, and 15-9-350 shall be applicable with respect to the service of process or notice pursuant to this section."

SECTION 241. Section 15-9-370 of the 1976 Code is amended to read:

"Section 15-9-370. Service of process upon the Chief Highway Public Safety Commissioner, as agent of (a) a nonresident driver under the provisions of Section 15-9-350; (b) a resident driver who subsequently becomes a nonresident; (c) a nonresident motor carrier under the provisions of Section 15-9-360; or (d) nonresident unregulated motor carriers engaged in transporting persons, hauling farm or dairy products, hauling any other perishable products or haulers of lumber or logs, shall be made by leaving a copy thereof, with a fee of four dollars, in the hands of the Commissioner or his office and such service shall be sufficient service upon the nonresident if notice of the service and a copy of the process are forthwith sent by certified mail by the plaintiff or the Commissioner to the defendant and the defendant's return receipt and the plaintiff's affidavit of compliance herewith are appended to the summons or other process and filed with the summons, complaint and other papers in the cause. The Commissioner shall keep a record of all processes which shall show the day and hour of service upon him. When the certified return receipt shall be returned to the Commissioner, he shall deliver it to the plaintiff on request and keep a record showing the date of its receipt by him and its delivery to the plaintiff."

SECTION 242. Section 15-9-380 of the 1976 Code is amended to read:

"Section 15-9-380. If the defendant in any such cause shall fail or refuse to accept and receipt for certified mail containing the notice of service and copy of the process and it shall be returned to the plaintiff or the motor vehicle division of the State Highway Department Department of Public Safety, the original envelope as returned shall be retained and the notice and copy of the summons shall be sent by open mail and the envelope and affidavit of mailing with sufficient postage of such open letter shall be filed with the clerk of court in which such action is pending and upon the filing thereof shall have the same force and legal effect as if such process has been personally served upon such defendant."

SECTION 243. Section 15-9-390 of the 1976 Code is amended to read:

"Section 15-9-390. Service of process upon the Director of the South Carolina Aeronautics Commission director of the Department of Department of Transportation or his designee, as agent of the nonresident operator of any aircraft which has set down in South Carolina, shall be made by leaving a copy thereof, with a fee of four dollars, in the hands of the Director director or his office and such service shall be sufficient service upon the nonresident if notice of the service and a copy of the process are forthwith sent by certified mail by the plaintiff or the Director of the Department of Transportation or his designee to the defendant and the defendant's return receipt and the plaintiff's affidavit of compliance herewith are appended to the summons or other process and filed with the summons, complaint and other papers in the cause. The Director of the Department of Transportation or his designee shall keep a record of all processes which shall show the day and hour of service upon him. When the certified return receipt shall be returned to the Director of the Department of Transportation or his designee, he shall deliver it to the plaintiff on request and keep a record showing the date of its receipt by him and its delivery to the plaintiff."

SECTION 244. Section 15-9-410 of the 1976 Code is amended to read:

"Section 15-9-410. The provisions of Sections 15-9-390 and 15-9-400 shall not apply to any incorporated air carrier holding a certificate of public convenience and necessity from the Civil Aeronautics Commission Division of the Department of Transportation."

SECTION 245. Section 15-9-415 of the 1976 Code is amended to read:

"Section 15-9-415. Service of process upon the Executive Director of the South Carolina Wildlife and Marine Resources Department of Wildlife, Marine and Natural Resources, as agent of the nonresident operator of any vessel as defined in S 50-21-10 in the waters of this State as defined in S 50-21-10, shall be made by leaving a copy thereof, with a fee of four dollars, in the hands of the Executive Director or his office and such service shall be sufficient service upon the nonresident if notice of the service and a copy of the process are forthwith sent by certified mail by the plaintiff or the Executive Director to the defendant and the defendant's return receipt and the plaintiff's affidavit of compliance herewith are appended to the summons or other process and filed with the summons, complaint and other papers in the cause. The Executive Director shall keep a record of all processes which shall show the day and hour of service upon him. When the certified return receipt shall be returned to the Executive Director, he shall deliver it to the plaintiff on request and keep a record showing the date of its receipt by him and its delivery to the plaintiff."

SECTION 246. Section 15-9-416 of the 1976 Code is amended to read:

"Section 15-9-416. If the defendant in any such cause shall fail or refuse to accept and receipt for certified mail containing the notice of service and copy of the process and it shall be returned to the plaintiff or Executive Director, the original envelope as returned shall be retained and the notice and copy of the summons shall be sent by open mail and the envelope and affidavit of mailing with sufficient postage of such open letter shall be filed with the clerk of court in which such action is pending and upon the filing thereof shall have the same force and legal effect as if such process has been personally served upon such defendant."

SECTION 247. Section 16-3-1110 of the 1976 Code is amended to read:

"Section 16-3-1110. For the purpose of this article and Articles 14 and 15 of this chapter:

(1) `Board' means the South Carolina Crime Victim's Advisory Board.

(2) `Claimant' means any person filing a claim pursuant to this article.

(3) `Fund' means the South Carolina Victim's Compensation Fund, which is a division of the Office of the Governor.

(4) `Director' means the Director of the State Workers' Victim's Compensation Fund Division who is appointed by the Governor. The Director shall be in charge of the State Office of Victim's Assistance which is part of this division under the supervision of the Governor.

(5) `Field Representative representative' means a field representative of the State Workers' Compensation Victim's Compensation Fund assigned to handle a claim.

(6) `Crime' means an act which is defined as a crime by state, federal, or common law. Unless injury or death was recklessly or intentionally inflicted, `crime' does not include an act involving the operation of a motor vehicle, boat, or aircraft.

(7) `Recklessly or intentionally' inflicted injury or death includes, but is not limited to, injury or death resulting from an act which violates Section 56-5-1210, 56-5-2910, 56-5-2920, or 56-5-2930 or from the use of a motor vehicle, boat, or aircraft to flee the scene of a crime in which the driver of the motor vehicle, boat, or aircraft knowingly participated.

(8) `Victim' means a person who suffers direct or threatened physical, emotional, or financial harm as the result of an act by someone else, which is a crime. The term includes immediate family members of a homicide victim or of any other victim who is either incompetent or a minor and includes an intervenor.

(9) `Intervenor' means a person other than a law enforcement officer performing normal duties, who goes to the aid of another, acting not recklessly, to prevent the commission of a crime or lawfully apprehend a person reasonably suspected of having committed a crime.

(10) `Deputy Director director' means the Deputy Director of the Victim's Compensation Fund.

(11) `Panel' means a three-member panel of the Board designated by the board chairman to hear appeals."

SECTION 248. Section 16-3-1120 of the 1976 Code is amended to read:

"Section 16-3-1120. The Director of the State Workers' Compensation Fund, as appointed by the Governor pursuant to Section 42-7-20, also is named A Director of the Victims' Compensation Fund must be appointed by the Governor and shall serve at his pleasure. The Director director is responsible for administering the provisions of this article. Included among the duties of the director is the responsibility, with approval of the South Carolina Crime Victims' Advisory Board as established in this article, for developing and administering a plan for informing the public of the availability of the benefits provided under this article and procedures for filing claims for the benefits.

The Director director, upon approval by the South Carolina Crime Victim's Advisory Board, has the following additional powers and duties:

(1) To appoint a Deputy Director deputy director of the Victim's Compensation Fund, and staff necessary for the operation thereof, and to contract for services. The Director director shall recommend the salary for the Deputy Director deputy director and other staff members, as allowed by statute or applicable law.

(2) To promulgate regulations to carry out the provisions and purposes of this article and Article 14 of this chapter subject to the approval of the Governor. Regulations pertaining to this article and Article 14 of this chapter in effect on July 1, 1994, shall remain in full force and effect until otherwise amended as provided by law.

(3) To request from the Attorney General, South Carolina Law Enforcement Division, solicitors, magistrates, judges, county and municipal police departments, and any other agency or department such assistance and data as will enable the Director director to determine whether, and the extent to which, a claimant qualifies for awards. Any person, agency, or department listed above is authorized to provide the Director director with the information requested upon receipt of a request from the Director director. Any provision of law providing for confidentiality of juvenile records does not apply to a request of the Deputy Director, Director, the Board, deputy director, the director, the board, or a panel of the Board board pursuant to this section.

(4) To reinvestigate or reopen previously decided award cases as the Deputy Director deputy director considers necessary.

(5) To require the submission of medical records as are needed by the Board, a panel of the Board board, or Deputy Director deputy director or his staff and, when necessary, to direct medical examination of the victim.

(6) To take or cause to be taken affidavits or depositions within or without the State. This power may be delegated to the Deputy Director deputy director or the Board board or its panel.

(7) To render each year to the Governor and to the General Assembly a written report of the activities of the Victim's Compensation Fund pursuant to this article.

(8) To delegate the authority to the Deputy Director deputy director to reject incomplete claims for awards or assistance.

(9) To render awards to victims of crime or to those other persons entitled to receive awards in the manner authorized by this article. The power may be delegated to the Deputy Director deputy director.

(10) To apply for funds from, and to submit all necessary forms to, any federal agency participating in a cooperative program to compensate victims of crime.

(11) To delegate to the Board board or a panel of the Board board on appeal matters any power of the Director director or Deputy Director deputy director."

SECTION 249 . Section 16-23-20(1) of the 1976 Code is amended to read:

"(1) Regular, salaried law enforcement officers of a municipality, county, of the State, uncompensated Governor's constables, law enforcement officers of the federal government or other states when they are carrying out official duties while in this State, deputy wildlife conservation officers deputy enforcement officers of the Natural Resources Enforcement Division of the Department of Wildlife, Marine and Natural Resources within their territorial jurisdictions, and reserve police officers while serving and functioning as law enforcement officers as authorized by S 23-28-10 et seq."

SECTION 250. Section 16-27-60 of the 1976 Code is amended to read:

"Section 16-27-60. (a) The provisions of Section 16-27-30 do not apply to any person:

(1) using any animal to pursue or take wildlife or to participate in hunting in accordance with the game and wildlife laws of this State and regulations of the South Carolina Wildlife and Marine Resources Department of Wildlife, Marine and Natural Resources.

(2) using any animal to work livestock for agricultural purposes;

(3) properly training or using dogs for law enforcement purposes or protection of persons and private property.

(b) The provisions of this chapter do not apply to game fowl. Section 16-27-70. The provisions of this chapter are cumulative and not in lieu of any other provision of law."

SECTION 251. Section 16-27-80 of the 1976 Code is amended to read:

"Section 16-27-80. This chapter shall not apply to dogs used for the purpose of hunting or for dogs used in field trials in more commonly known as `water races', `Treeing Contests', `Coon-on-a-log', `Bear-Baying', or `Fox-pen-trials'. Such `Fox-pen-trials' must be approved by permit for Field field trials by the South Carolina Wildlife and Marine Resources Department of Wildlife, Marine and Natural Resources."

SECTION 251A. Section 19-5-30 of the 1976 Code is amended to read:

"Section 19-5-30. Photostatic or certified copies of motor vehicle registration applications, registrations, notices of cancellation, suspensions or revocations, reports of violations and documents pertaining to the motor vehicle safety responsibility laws of this State, when certified by the director of the motor vehicle division of the State Highway Department Department of Public Safety as true copies of originals, on file with the State Highway Department Department of Public Safety, shall be admissible in any proceedings in any court in like manner as the original thereof."

SECTION 252. Section 20-7-121 of the 1976 Code is amended to read:

"Section 20-7-121. There is created the South Carolina Guardian ad Litem Program to serve as a statewide system to provide training and supervision to volunteers who serve as court appointed special advocates for children in abuse and neglect proceedings within the family court, pursuant to Section 20-7-110. This program must be administered by the State Workers' Compensation Fund Office of the Governor."

SECTION 253. Section 20-7-410 of the 1976 Code is amended to read:

Section 20-7-410. The magistrate courts and municipal courts of this State have concurrent jurisdiction with the family courts for the trial of persons under seventeen years of age charged with traffic violations or violations of the provisions of Title 50 relating to fish, game, and watercraft when these courts would have jurisdiction of the offense charged if committed by an adult. The family court shall report all adjudications of juveniles for moving traffic violations to the Department of Highways and Public Transportation as required by other courts of this State pursuant to S 56-1-330 and adjudications of the provisions of Title 50 to the Wildlife and Marine Resources Department of Wildlife, Marine and Natural Resources."

SECTION 254. Section 22-1-30 of the 1976 Code is amended to read:

"Section 22-1-30. Such magistrates A magistrate may be suspended or removed by order of the Governor Supreme Court pursuant to its rules for incapacity, misconduct, or neglect of duty. The Governor shall report any suspension, with the cause thereof, to the Senate at its next session, for its approval or disapproval."

SECTION 255. The second paragraph of Section 23-3-160 of the 1976 Code is further amended to read:

"Upon initiation of this investigation by the local investigating law enforcement agency, the South Carolina Law Enforcement Division and the Alcoholic Beverage Control Commission shall assist in whatever capacity necessary to fully complete the inquiry and shall cooperate and assist in the prosecution of appropriate criminal charges against any person who provided a beverage containing alcohol to the person under twenty-one."

SECTION 256. Section 23-8-30 of the 1976 Code is amended to read:

"Section 23-8-30. The commission shall have the following powers and duties:

(A) To adopt a seal bearing the words `STATE FIRE COMMISSION'.

(B) To recommend to the Budget and Control Board a list of qualified candidates for the position of State Fire Marshal from which the State Fire Marshal shall be hired. The Budget and Control Board may reject all candidates on the list and require the submission of more candidates.

(C) To provide coordination and advice in the matters of fire service training and education to all other agencies and organizations with fire and life safety responsibilities.

(D) To provide, in conjunction with the Budget and Control Board, direction in the development of long-range and short-range statewide plans for fire prevention and control.

(E) To identify research and development requirements for statewide fire service education and training and serve as the focal point in the State for developing programs to satisfy those requirements.

(F) To establish, in conjunction with the Budget and Control Board, a system for the reporting of fire data for analysis and feedback to appropriate agencies and organizations with fire and life safety responsibilities.

(G) To promulgate, as the single source of authority in this State, pursuant to provisions of Sections 1-23-10 et seq., fire prevention and protection regulations based upon nationally recognized standards for the protection of life and property of the residents of the State from fire. The State Fire Commission may not promulgate a building code as part of the regulations. No provision of the regulations shall apply to the extent that it is in conflict with any statute of this State or any provision of any nationally recognized building or fire prevention code duly adopted by ordinance of a municipality. In the event of such a conflict, the statute or other provision shall apply in all respects. The regulations promulgated by the State Fire Commission must first be approved by the Budget and Control Board prior to being submitted to the General Assembly.

(H) To engage in such other activities as may be necessary to disseminate information concerning, and ensure compliance with, commission regulations.

(I) To promulgate regulations in accordance with the provisions of Section 23-35-140 of the 1976 Code. No provision of the regulations shall apply to the extent that it is in conflict with any statute of this State. In the event of such conflict, the statute shall apply in all respects. The regulations promulgated by the State Fire Commission must first be approved by the Budget and Control Board prior to being submitted to the General Assembly. The Fire Commission may not promulgate regulations concerning the sale and storage of pyrotechnics which must be promulgated by the State Board of Pyrotechnic Safety. The Fire Commission shall not promulgate regulations concerning the Uniform Standard for Manufactured Housing as set forth in Chapter 17 of Title 31 of the 1976 Code or regulations pertaining to the forest fire control authority of the State Forestry Commission Forestry Division of the South Carolina Department of Wildlife, Marine and Natural Resources as set forth in Chapters 23 and 33 of Title 48 of the 1976 Code or regulations of the South Carolina Building Code Council as prescribed in Chapter 43 of Title 23.

(J) To submit to the Budget and Control Board for its approval minimum education and work experience requirements for the position of Deputy Fire Marshal.

(K) To engage in such other activities related to fire prevention and control as the commission deems necessary."

SECTION 257. Section 23-23-30(A)(4) of the 1976 Code is amended to read:

"(4) the Executive Director of the South Carolina Wildlife and Marine Resources Department of Wildlife, Marine and Natural Resources;"

SECTION 258. Section 23-25-20 of the 1976 Code is amended to read:

"Section 23-25-20. To plan, enact and administer the Hall of Fame, there is hereby created the Law-Enforcement Officers Hall of Fame Committee. The Committee shall consist of the following ex officio members:

(1) The chief commanding officer of the South Carolina Law-Enforcement Division,

who shall serve as chairman;
(2) The Director Commanding Officer of the Highway Patrol and the commanding officer of the State Police Law-Enforcement of the South Carolina Department of Highways and Public Transportation;

(3) The Commissioner of the State Department of Corrections;

(4) The secretary of the South Carolina Sheriffs' Association;

(5) The executive director of the South Carolina Law-Enforcement Officers Association.

All members of the Committee may designate persons to represent them at meetings they are unable to attend."

SECTION 259. Items (A)(5) and (F) of Section 23-31-140 of the 1976 Code are amended to read:

"(5) South Carolina driver's license number or South Carolina Department of Highways and Public Transportation Department of Public Safety identification card number or, in the case of an applicant on active duty in the United States military, the number from the applicant's current United States military identification card;

(F) No person may purchase a pistol from a dealer unless he is a resident of this State. For the purpose of this article, the possession of a valid South Carolina driver's license or Department of Highways and Public Transportation Public Safety identification card constitutes proof of residency. However, residency is not required of a person who is on active duty in the United States military and who is in possession of a current United States military identification card."

SECTION 260. Section 23-28-120 of the 1976 Code is amended to read:

Section 23-28-120. The provisions of this chapter shall not apply to deputy conservation deputy enforcement officers of the Natural Resources Enforcement Division of the South Carolina Wildlife and Marine Resources Department of Wildlife, Marine and Natural Resources."

SECTION 261. Section 23-33-20 of the 1976 Code is amended to read:

"Section 23-33-20. Before any person shall fire or attempt to fire or discharge any missile within the borders of this State, he shall first procure a written permit from the South Carolina Aeronautics Commission Aeronautics Division of the Department of Transportation on such form as it may prescribe."

SECTION 262. Chapter 5, Title 23 of the 1976 Code is repealed.

SECTION 263. Section 24-3-110 of the 1976 Code is amended to read:

"Section 24-3-110. The State Penitentiary may purchase the machinery and establish a plant for the purpose of manufacturing motor vehicle license plates and metal road signs. The charge for license plates and metal road signs sold to the State Highway Department Department of Public Safety shall be in line with the prices previously paid private manufacturers and all State motor vehicle license plates, metal road signs and other signs capable of being manufactured by such a plant shall be purchased through the State Penitentiary and manufactured by it. The State Highway Department Department of Public Safety may prescribe the specifications of plates and signs used by the Department, the specifications to include colors, quality and quantity."

SECTION 264. Section 24-3-130(A) of the 1976 Code is amended to read:

"(A) The State Board of Corrections may permit the use of prison inmate labor on state highway projects or other public projects that may be practical and consistent with safeguarding of the inmates employed on the projects and the public. The Department of Highways and Public Transportation Public Safety, another state agency, or a county, municipality or public service district making a beneficial public improvement may apply to the board for the use of inmate labor on the highway project or other public improvement or development project. If the board determines the labor may be performed with safety and the project is beneficial to the public it may assign inmates to labor on the highway project or other public purpose project. The inmate labor force must be supervised and controlled by officers designated by the board but the direction of the work performed on the highway or other public improvement project must be under the control and supervision of the person designated by the agency, county, municipality, or public service district responsible for the work. No person convicted of criminal sexual conduct in the first, second, or third degree or a person who commits a violent crime while on a work release program may be assigned to perform labor on a project described by this section."

SECTION 265. Section 24-26-10 of the 1976 Code is amended to read:

"Section 24-26-10. (A) There is established the South Carolina Sentencing Guidelines Commission composed of thirteen seven voting members as follows:

(1) a justice of the Supreme Court, appointed by the Chief Justice of the Supreme Court;

(2) two circuit court judges, appointed by the Chief Justice of the Supreme Court;

(3) three members of the Senate to be designated by the chairman of the Senate Judiciary Committee;

(4) three members of the House Judiciary Committee designated by the chairman of the committee;

(5) an attorney, experienced in the practice of criminal law, appointed by the Governor Chief Justice of the Supreme Court from a list of candidates submitted by the President of the South Carolina Bar;

(6) (4) the Dean of the Law School of the University of South Carolina or his designee;

(7) (5) the South Carolina Attorney General, or his designee, to serve ex officio;

(8) (6) a solicitor appointed by the Chairman of the South Carolina Circuit Solicitors' Association Chief Justice of the Supreme Court.

(B) In addition, there are four nonvoting members of the commission as follows:

(1) the Chief of the State Law Enforcement Division, or his designee, to serve ex officio;

(2) the Chairman of the Commission on Appellate Defense, or his designee who must be a member of that commission or who must be the director of the commission;

(3) the Chairman of the State Board of Corrections, or his designee who must be a member of that board or who must be the Commissioner of the Department of Corrections;

(4) the Chairman of the Board of the Department of Probation, Parole and Pardon Services, or his designee who must be a member of that board or who must be the Commissioner or Executive Director of the Department of Probation, Parole and Pardon Services.

The appointed members of the commission shall serve for a term of four years. The members of the commission who are designated to serve by a particular person or official shall serve at the pleasure of that person or official making the designation and also only so long as the designated member holds the official position entitling him to membership on the commission. Members are eligible for reappointment, and any vacancy must be filled in the manner of original appointment for the remainder of the unexpired term. The members of the commission shall elect one member to serve as chairman for a term of one year. The members of the commission may also elect any additional officers they consider necessary for the efficient discharge of their duties. Members are eligible for reelection as officers of the commission. The commission shall be under and a part of the Judicial Department of this State headed by the Chief Justice."

SECTION 266. Item (7) of Section 24-26-20 of the 1976 Code is amended to read:

"(7) The commission may employ a staff director and other professional and clerical personnel upon the appropriation of sufficient funds by the General Assembly. The duties of the staff director and the other personnel of the commission must be set by the commission."

SECTION 267. Section 27-9-20 of the 1976 Code is amended to read:

"Section 27-9-20. No conservation restriction or easement as defined in Section 27-9-10 held by a governmental body, the Nature Conservancy, the Ducks Unlimited Foundation, the nationally known conservation organization to preserve wetlands, the Low Country Open Land Trust, or The Nation Ford Land Trust, a nonprofit conservation organization located in York County, which are working with the State of South Carolina on the Heritage Trust created by executive order, whose purposes include conservation of land or water areas or of a particular land or water area, is unenforceable because of lack of privity of estate or contract or lack of benefit to a particular land or because of the benefit being assignable or being assigned to any other governmental body with like purposes, the Nature Conservancy, the Ducks Unlimited Foundation, the Low Country Open Land Trust, or The Nation Ford Land Trust. All such restrictions and easements must be recorded and indexed with the Department of Wildlife, and Marine Resources Marine and Natural Resources Department and in the office of the clerk of court or register of mesne conveyances for the county where the land lies so as to effect its title, in the manner of other conveyances of interests in land, and must describe the land subject to the restrictions or easements by adequate legal description or by reference to a recorded plat showing its boundaries.

The conservation restrictions are interests in land and may be acquired by a governmental body, the Nature Conservancy, the Ducks Unlimited Foundation, the Low Country Open Land Trust, or The Nation Ford Land Trust, which have power to acquire interests in land, in the same manner as it may acquire other interests in land. Only an entity which has statutory authority to condemn land may exercise the power of eminent domain to obtain conservation restrictions. Such a restriction or easement may be enforced by injunction or proceeding in equity, and entitles representatives of the holder of it to enter the land in a reasonable manner and at reasonable times to assure compliance. Such a restriction or easement may be released, in whole or in part, by the holder for consideration, if any, as the holder determines, in the same manner as the holder may dispose of land or other interests in land, subject to conditions imposed at the time of creation of the restriction.

This section may not be construed to imply that a restriction, easement, covenant, or condition which does not have the benefit of this section is unenforceable because of a provision of this chapter. Nothing in this section or Section 27-9-10 diminishes the powers granted by a general or special law to acquire by purchase, gift, eminent domain, or otherwise and to use land for public purposes, nor may it be interpreted as restricting the use of an existing or in-future easement, express or implied, in favor of a utility or other holder of an easement for public purposes. The existence of conservation easements or restrictions is not of itself proof of value as a measure of damages in an eminent domain proceeding."

SECTION 268. Section 27-9-21 of the 1976 Code is amended to read:

"Section 27-9-21. A conservation restriction or easement as described in Sections 27-9-10 and 27-9-20 may be transferred from the Nature Conservancy, the Ducks Unlimited Foundation, the Low Country Open Land Trust, or The Nation Ford Land Trust to the State or to or from an agency or department of it authorized to own land, including the Wildlife and Marine Resources Commission Department of Wildlife, Marine and Natural Resources under the Heritage Trust or to or from a political subdivision of the State and the efficacy of the restrictions or easements are is not affected by the transfer.

Such conservation restrictions or easements may be conveyed without consideration to the State or any agency or department thereof by any governmental body or agency including counties, municipalities and other political subdivisions upon authorization thereof by the elected representatives of such governmental bodies to whom control and management of its property is committed. Elected representatives shall include those serving on such governmental bodies ex officio, provided they have been elected to such other office. Governmental bodies whose representatives are appointed may make such conveyance only upon approval of such action by the elected officials of the governmental body by whom such representatives were appointed.

The members of a local governing body desiring to seek a conservation easement for property owned by such governing body shall submit a plan of intent to seek such easement to the Advisory Board of the Heritage Trust Program. The Heritage Trust Advisory Board shall within sixty days of the submission of the proposed easement, conduct a public hearing concerning such proposed easement. Based on the testimony, public comment and other information presented at the hearing, the Heritage Trust Advisory Board shall approve or disapprove the proposed easement within thirty days following such hearing. Upon approval of the Advisory Board, the governing body requesting such amendment shall conduct a public hearing not less than thirty days nor more than sixty days following such board approval at which the easement shall be explained and public comment received. In order for any conservation easement to be incorporated into a deed it shall receive approval of not less than two-thirds of the members of the elected governing body concerned."

SECTION 268A. Sections 27-2-80 and 27-2-90 are repealed.

SECTION 268B. (1) Section 31-17-360 of the 1976 Code is amended to read:

"Section 31-17-360. If the mobile home is to be relocated, the owner shall, prior to relocation, obtain a moving permit from the licensing agent. Before issuing a moving permit, the licensing agent shall require a certificate from the county treasurer that there are no unpaid taxes due on the mobile home. If the mobile home is to be removed beyond the boundaries of the county, any taxes that have been assessed for that calendar year shall be paid in full, and if taxes have not yet been assessed for the calendar year in which the move is being made, the assessor shall provide the county auditor with an assessment and the auditor shall apply the previous year's millage. The county treasurer shall collect such taxes before issuing the requisite certificate to the licensing agent. Provided, however, that the licensing agent shall promptly notify the present electric supplier that a permit has been issued. Provided, further, that the permit required by this section shall not be required of mobile home dealers when they are moving a mobile home from their sales lot to a customer's lot. Provided, further, that such mobile home dealer shall not be relieved from obtaining any permit required from the Department of Highways and Public Transportation Public Safety for such relocation."

SECTION 268C. Section 31-17-510(g) of the 1976 Code is amended to read:

"(g) `Department' means the South Carolina Department of Highways and Public Transportation Public Safety."

SECTION 269. Section 33-37-250(10) of the 1976 Code is amended to read:

"(10) To to cooperate with and avail itself of the facilities of the State Development Board Department of Commerce and Economic Development and any similar governmental agencies, including the Small Business Administration, an agency of the United States Government, and to cooperate with and assist and otherwise encourage organizations in the various communities of the State in the promotion, assistance and development of the business prosperity and economic welfare of such communities or of this State or of any part thereof; and"

SECTION 270. Section 36-9-307(4) of the 1976 Code is amended to read:

"(4) In the case of a purchase of a motor vehicle made pursuant to the provisions of Section 29-15-10, the buyer takes free of a security interest even though perfected, and the State Department of Highways and Public Transportation Public Safety shall upon request issue a new title free and clear of prior liens and encumbrances."

SECTION 271. Section 36-9-319 of the 1976 Code is amended to read:

"Section 36-9-319. Notwithstanding Section 36-9-311, any person who sells or disposes of any personal property subject to a security interest, except for personal property titled by the South Carolina Department of Highways and Public Transportation Public Safety or the Boating Division of the South Carolina Wildlife and Marine Resources Department, without the written consent of the secured party, and fails to pay the debt secured by the security interests within ten days after sale or disposal or fails in this time to deposit the amount of the debt with the clerk of the court of common pleas for the county in which the secured party resides is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than one year, or both. This section does not apply when the sale is made without knowledge or notice of the security interest by the person selling the property. When the value of the property is less than two thousand five hundred dollars, the offense is triable in the magistrate's court and the punishment must be not more than is permitted by law without presentment or indictment by the grand jury. Otherwise, the offense is triable in the court of general sessions."

SECTION 272. Section 36-9-319 of the 1976 Code is amended to read:

"Section 36-9-319. Notwithstanding Section 36-9-311, any person who sells or disposes of any personal property subject to a security interest, except for personal property titled by the South Carolina Department of Highways and Public Transportation or the Boating Natural Resources Enforcement Division of the South Carolina Wildlife and Marine Resources Department of Wildlife, Marine and Natural Resources, without the written consent of the secured party, and fails to pay the debt secured by the security interests within ten days after sale or disposal or fails in this time to deposit the amount of the debt with the clerk of the court of common pleas for the county in which the secured party resides is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than one year, or both. This section does not apply when the sale is made without knowledge or notice of the security interest by the person selling the property. When the value of the property is less than two thousand five hundred dollars, the offense is triable in the magistrate's court and the punishment must be not more than is permitted by law without presentment or indictment by the grand jury. Otherwise, the offense is triable in the court of general sessions."

SECTION 272A. Items (A)(2) and (A)(4) of Section 38-73-455 of the 1976 Code are amended to read:

"(2) has had convictions for driving violations on three or more separate occasions within the thirty-six months immediately preceding the effective date of coverage as reflected by the motor vehicle record of each insured driver as maintained by the Department of Highways and Public Transportation Public Safety; or

(4) has had one `chargeable' accident and two convictions for driving violations, all occurring on separate occasions, within the thirty-six months immediately preceding the effective date of coverage as reflected by the motor vehicle record of each insured driver as maintained by the Department of Highways and Public Transportation Public Safety; or"

SECTION 272B. Section 38-73-456 of the 1976 Code is amended to read:

"Section 38-73-456. An insurer may not increase premiums on or add surcharges to automobile insurance of a person charged with a driving violation unless he is convicted of the violation. The Department of Highways and Public Transportation Public Safety may not report an alleged violation to insurers until the person charged is convicted and when reporting must also report the conviction date."

SECTION 272C. Section 38-73-470 of the 1976 Code is amended to read:

"Section 38-73-470. One dollar of the yearly premium for uninsured motorist coverage must be transferred to the South Carolina Department of Highways and Public Transportation Public Safety, payable on a quarterly basis, to provide funds for the costs of enforcing and administering the provisions of Article 3, Chapter 10, Title 56."

SECTION 272D. Section 38-77-1120(3) of the 1976 Code is amended to read:

"(3) the South Carolina Department of Insurance, the South Carolina Department of Highways and Public Transportation Public Safety, and the South Carolina Department of Consumer Affairs; and"

SECTION 273. Section 39-9-230 of the 1976 Code is amended to read:

"Section 39-9-230. The Commissioner of Agriculture shall have general advisory authority over the implementation of the metric system in this State. To assist in such implementation there is hereby created a nine member advisory committee including the executive officers or their designated staff member from the State Law-Enforcement Division, the Commission on Higher Education, the State Board for Technical and Comprehensive Education, the Department of Education, the State Department of Highways and Public Transportation, the Alcoholic Beverage Control Commission, the State Development Board Department of Commerce and Economic Development, one member appointed by the Governor who is associated with the textile industry and shall serve without compensation, and one member appointed by the Governor from his staff. If any designated member ceases to be on the staff of any of the above-mentioned State agencies he shall no longer be a member of the advisory committee and the executive officer shall serve or designate another member of his staff to serve on the committee. Members of the committee shall serve until such time as the provisions of this section and 39-9-240 have been fully implemented. The Commissioner of Agriculture, with the assistance and recommendations of the committee, shall:

(1) Formulate formulate a suggested program as may be necessary to plan for the gradual implementation in the commerce of this State to the metric system.;

(2) Provide provide to the General Assembly recommendations for achieving conversion of units of measurement as used in this State to the metric system.;

(3) Encourage encourage all State state departments, divisions, agencies, boards and commissions having any authority or responsibility in matters concerning standards of weights and measurement to initiate planning for the gradual conversion to and implementation of the metric system of weights and measures of this State."

SECTION 274. Section 39-15-170 of the 1976 Code is amended to read:

"Section 39-15-170. Any mark or name used to advertise the chemical or other contents of food products grown in this State or other articles shall not be sold, bartered or exchanged by any person except through and by the State Development Board Secretary of the Department of Commerce and Economic Development. The board secretary is entrusted with handling by selling, or otherwise, any mark used for the purpose set forth in this section and may use under its direction any officer of the State for the purpose of handling such mark. Any person violating the provisions of this section shall upon conviction be subject to a fine or imprisonment, in the discretion of the court."

SECTION 275. Section 39-41-40 of the 1976 Code is amended to read:

"Section 39-41-40. The State Highway Department Department of Public Safety, through the facilities of the motor vehicle division, South Carolina Highway Patrol and law enforcement agents may, upon the request of the Commissioner of Agriculture, assist in the enforcement of all laws relating to the inspection of petroleum products."

SECTION 276. Section 40-11-150 of the 1976 Code is amended to read:

"Section 40-11-150. The Board shall issue a license as a matter of right to any person who shall have had an application on a prescribed form therefor on file for at least seven days, presents a bidder's or contractor's certificate issued by the State Highway Department Department of Transportation under Section 57-5-1650, and pays the license fees required by this chapter."

SECTION 277. Section 40-11-180 of the 1976 Code is amended to read:

"Section 40-11-180. All architects and engineers preparing plans and specifications for work to be constructed in the State shall include in their invitations to bidders and in their specifications a copy of this chapter or such proportions thereof as are deemed necessary to convey to the invited bidder, whether he be a resident or nonresident of this State and whether a license has been issued to him or not, the information that it will be necessary for him to show evidence of being licensed before his bid is opened or considered, but in the case of bidders on State Highway Department Department of Transportation work, such notice shall state only that no contract will be awarded unless and until the bidder has been properly licensed under the provisions of this chapter."

SECTION 278. Section 40-11-190 of the 1976 Code is amended to read:

"Section 40-11-190. Section 40-11-10 shall not serve to prevent any person from bidding on State Highway Department Department of Transportation projects without having been licensed, but such person shall be licensed before he may be awarded a contract for a State Highway Department Department of Transportation project."

SECTION 279. Section 40-11-300 of the 1976 Code is amended to read:

"Section 40-11-300. It shall be a misdemeanor punishable in the discretion of the court for any architect, engineer, awarding authority, owner, contractor, or person acting therefor, to receive or consider any bids unless the bidder has first obtained the licenses provided for in this chapter, except that the State Highway Department Department of Transportation shall not require a person to be licensed before bidding on a State Highway Department Department of Transportation project but shall require such person to be licensed before he may be awarded a State Highway Department Department of Transportation contract."

SECTION 280. Chapter 28 of Title 40 of the 1976 Code is amended to read:

"Section 40-28-10. Unless the context or subject matter otherwise requires:

(a) "Landscape architect" means a person who is licensed to practice landscape architecture in this State.

(b) "Landscape architecture" means the performance of professional services, such as consultation, investigation, research, planning, design, preparation of drawings and specifications, and responsible inspection in connection with the development of land areas where, and to the extent that, the dominant purpose of the services is the preservation, enhancement, or determination of proper site design, natural land features, planting, naturalistic and aesthetic values, the settings and approaches to structures or other improvements, the setting of grades and determining drainage and providing for drainage structures, and the consideration and determining of environmental problems. This practice includes the design of tangible objects, drainage structures and systems, and features as are incidental and necessary to an overall or ongoing landscape plan and site design, and the landscape architect may certify the design of the tangible objects, drainage structures and systems, features as to structural soundness and as to compliance with all requirements and standards of a government or subdivision of it. This practice does not include the design of structures, drainage structures and systems, and features which are not incidental and necessary to an overall landscape plan and site design and which have separate and self-contained purposes such as are ordinarily included in the practice of engineering or architecture and does not include the making of land surveys or final plats for official approval or recordation. Nothing contained in this definition precludes a duly licensed landscape architect from performing the services described in the first sentence of this definition in connection with the settings, approaches, or environment for buildings, structures, or facilities. Nothing contained in this chapter may be construed as authorizing a landscape architect to engage in the practice of architecture, engineering, or land surveying as these terms are defined in Section 40-28-150 of this chapter, except that a landscape architect may prepare and certify all design, grading, drainage, and construction plans for roads and site-related projects which are incidental and necessary to an overall or ongoing landscape plan and site design.

(c) "Board Department" shall mean the South Carolina Land Resources Conservation Commission Department of Wildlife, Marine and Natural Resources.

(d) "Council" shall mean a body of five qualified professional landscape architects appointed by the board department to serve as advisors to the board department, as provided for in Sections 40-28-30 through 40-28-70.

(e) "Responsible charge" shall mean direct control and personal supervision of landscape architecture.

Section 40-28-20. In order to safeguard public welfare, health and property and to promote public good, any person practicing or offering to practice landscape architecture, privately or in public service, shall be required to submit evidence that he is qualified to practice and shall become registered as hereinafter provided. It shall be unlawful for any person to practice landscape architecture or to use the term or title "Landscape Architect" unless duly licensed under the provisions of this chapter.

Section 40-28-30. The board department shall serve as the board of registration for landscape architects and shall administer the provisions of this chapter. The board department shall appoint a council of five qualified professional landscape architects who shall have the qualifications required in the following section to recommend certification of those eligible to become registered landscape architects. The five members of the council shall be appointed for five years and until their successors have been appointed and qualify; provided, that the initial terms shall be made so that the term of one member shall expire on June thirtieth of each year.

Section 40-28-40. Each member of the council shall be a professional landscape architect who has been actively engaged in the practice of landscape architecture for a period of at least five years and who shall have been in responsible charge of landscape architecture for at least three years.

Section 40-28-40. Each member of the council must be a registered landscape architect who has been actively engaged in the practice of landscape architecture for a period of at least five years and who has been in responsible charge of landscape architecture for at least three years.

Section 40-28-50. Each member of the council may receive an amount as provided for in the annual General Appropriations Act for each day actually and reasonably engaged in the services of the board department and must be reimbursed for all actual traveling, incidental, and clerical expenses necessarily incurred in carrying out the provisions of this chapter. These expenses must be paid from general appropriations to the board department.

Section 40-28-60. Vacancies in the membership of the council shall be filled for the unexpired portion of the term in the manner of the original appointments.

Section 40-28-70. The council shall hold at least two regular meetings each year. Special meetings may be held as the bylaws of the council provide. The council shall elect annually a chairman, a vice chairman and a secretary. A quorum of the council shall consist of three members.

Section 40-28-80. The board department shall have the following powers:

(a) To adopt and amend bylaws, rules of procedure and regulations to administer and carry out the provisions of this chapter and for the conduct of its affairs and functions consistent with the Constitution and laws of this State or this chapter which may be reasonably necessary for the performance of its duties and the regulation of its proceedings, meetings, records, examinations and the conduct thereof, and to adopt and promulgate a code of ethics which shall be binding upon all persons registered under or subject to this chapter.

(b) To affix its official seal to each numbered certificate or license issued.

(c) To apply in the name of the State for relief by injunction to enforce the provisions of this chapter or to restrain any violation thereof. In such proceedings it shall not be necessary to allege or prove either that an adequate remedy at law does not exist or that substantial or irreparable damage would result from the continued violation thereof. The members of the board department shall not be personally liable under this proceeding.

Section 40-28-90. All funds derived under the provisions of this chapter shall be remitted to the State Treasurer as collected. Such funds may be expended as directed by the board department upon warrant requisitions directed to the Comptroller General who shall, after being satisfied of the propriety of payment, issue his warrant on the State Treasurer.

Section 40-28-100. The board department shall keep a record of its proceedings and of all applications for registration, which records shall show the name, age, and last known address of each applicant, the place of business of applicant, education, experience, and other qualifications, type of examination required, whether or not a license was granted, whether or not the applicant was denied a license, the date of the action of the board department, and other information considered necessary by the board department. The record of the board department is evidence of the proceedings of the board department and a transcript duly certified by the secretary under seal is admissible as evidence with the same force and effect as the original.

Section 40-28-110. To be eligible for registration and licensing as a professional landscape architect in South Carolina an applicant shall read and write the English language and:

(1) be a graduate of an accredited landscape architectural curriculum approved by the board department and have had two years of varied landscape architectural experience under the supervision of a landscape architect registered under this chapter or other qualified person, or experience approved by the board department, and satisfactorily pass a written examination as prescribed by the board department; or

(2) be a high school graduate or have an equivalent education as determined by the board department and, in addition, at least eight years of varied landscape architectural experience under the supervision of a landscape architect registered under this chapter or other qualified person or experience approved by the board department, and satisfactorily pass a written examination as prescribed by the board department; A maximum of three years of the experience requirement contained in subsection (2) of this section may be satisfied by proof of education or nonaccredited degree, as considered appropriate by the board department; or

(3) hold a license or certification to practice landscape architecture issued to him upon examination by a legally constituted board of examiners of another state or the District of Columbia, or a territory or possession of the United States and if requirements of the state, district, territory, or possession in which the applicant is licensed or registered are substantially equivalent to those of this State; or

(4) submit certification documents from the Council of Landscape Architectural Registration Boards (CLARB) verifying his qualifications for registration, and an individual holding such a certification may be accepted at the discretion of the board department.

Section 40-28-120. Examinations must be offered at least annually, the time and place to be established by the board department. At the discretion of the board department, the written examination may be administered to candidates who are eligible for registration under Section 40-28-110. The board department may admit to the examination a person who may complete the experience requirements within ninety days after the examination. Administration and evaluation of the examination must be conducted in a manner prescribed by the board department. Candidates shall retain credit for any parts of the examination passed and may be permitted to retake a failed part of the examination. Upon proper application, the board department, at its discretion, may credit to a candidate a prescribed part of the examination successfully passed and properly attested to by another state, territory, or possession of the United States or the District of Columbia. The candidate then may take the remaining examination parts and, if successfully completed, may be registered and licensed by the board department. The board department shall accept the transfer of grades only from the state of original application.

Section 40-28-130. The board department, subject to the provisions of this chapter and the rules and regulations of the board department promulgated thereunder prescribing the qualifications for a landscape architect license, may permit the practice of landscape architecture in this State under a landscape architect license issued under the laws of any other state, upon payment of the current fee established by the board department, and upon submission of evidence satisfactory to the board department:

(1) That the other state maintains a system and standard of qualifications and examinations for a landscape architect license which were substantially equivalent to those required in this State at the time the license was issued by the other state;

(2) That the other state gives similar recognition and endorsement to landscape architect licenses of this State.

Section 40-28-140. Each landscape architect, upon registration, shall obtain a seal of the design authorized by the board department, bearing the name of the registrant, number of certificate or license, and the legend "South Carolina Registered Landscape Architect". The seal may be used only while the registrant's certificate or license is in full force and effect. Certificates of registration, licenses, and identification cards must be signed by the chairman of the board department and the secretary of the council. Nothing in this chapter may be construed to authorize the use or acceptance of the seal of the landscape architect in lieu of the seal of an architect, engineer, or land surveyor.

Section 40-28-150. This chapter shall not be construed to require licensing in the following cases:

(a) The practice of landscape architecture by any person who acts under the supervision of a registered landscape architect or by an employee of a person lawfully engaged in the practice of landscape architecture and who in either event does not assume responsible charge of design or supervision.

(b) The practice of architecture by a duly registered professional architect and the performing of landscape architectural work by a registered architect or by an employee under supervision of a registered architect, when such work is incidental to their practice.

(c) The practice of engineering by a duly registered professional engineer and the performing of landscape architectural work by a registered engineer or by an employee under supervision of a registered engineer, when such work is incidental to their practice.

(d) The practice of surveying by a duly registered professional land surveyor and the performing of landscape architectural work by a registered professional land surveyor or by an employee under supervision of a registered professional land surveyor, when such work is incidental to their practice.

(e) The practice of landscape architecture by employees of the United States or South Carolina Government while engaged within this State in the practice of landscape architecture for the government or projects sanctioned by or totally sponsored by the Government.

(f) The practice of planning as customarily done by regional or urban planners.

(g) The practice of arborists, foresters, gardeners, home builders or horticulturists.

(h) The practice of any nurseryman, general or landscape contractor, such practice to include design, planning, location and arrangements of plantings or other ornamental features.

Section 40-28-160. The right to engage in the practice of landscape architecture is a personal right, based upon the qualifications of the individual evidenced by his license.

(1) The license is not transferable. All final drawings, specifications, plans, reports or other papers or documents involving the practice of landscape architecture, as defined in Section 40-28-10, when issued, or filed for public record, must be dated, and bear the name and seal of the landscape architect or landscape architects who prepared or approved them.

(2) Partnerships and corporations which meet the following conditions may be formed as a vehicle for the practice of landscape architecture:

(a) The practice of or offer to practice landscape architecture for others as defined in Section 40-28-10 by individual landscape architects licensed under this chapter through a corporation as officer, employees, or agents, or through a partnership as partners, officers, employees, or agents, or the offering or rendering of landscape architecture services by corporation or partnership through individual landscape architects licensed under this chapter is permitted, subject to the provisions of this chapter if (i) one or more of the corporate officers in the case of a corporation, or one or more of the partners in the case of a partnership, are designated as being responsible for the professional services described in Section 40-28-10 of the corporation or partnership and are landscape architects under this chapter; and (ii) all personnel of the corporation or partnership, who act in its behalf as landscape architects, are licensed under this chapter; and (iii) the corporation or partnership has been issued a certificate of authorization by the board department. The requirements of this chapter do not prevent a corporation and its employees from performing landscape architectural services for the corporation or subsidiary or affiliated corporations.

(b) A corporation or partnership issued a Certificate of Authorization to provide or offer to provide landscape architectural services to the public in this State shall:

(1) submit an initial fee and file with the board department, on a form prescribed by the board department, a listing of names and addresses of all principals and officers, as well as all principals, officers, agents, and employees, who are in responsible charge of the practice in this State and are licensed to practice landscape architecture in this State;

(2) insure that all documents involving the practice of landscape architecture which are prepared for the use of the corporation or partnership bear the signature and seal of a landscape architect registered and licensed in this State;

(3) advise the board department in writing within thirty days of a change in status of a principal, officer, agent, or employee registered and licensed under this chapter;

(4) have a resident landscape architect duly registered to practice in this State in responsible charge of a place of business maintained in this State for the purpose of providing or offering to provide landscape architectural services to the public;

(5) file a form giving current information, as prescribed in (1) above, with the annual renewal fee to be determined by the board department.

(c) No corporation or partnership is relieved of responsibility for conduct or acts of its agents, employees, or officers by reason of its compliance with the provisions of this section nor is an individual practicing landscape architecture as defined in Section 40-28-10 relieved of responsibility of landscape architectural services performed by reason of his employment or relationship with the corporation or partnership.

(d) Disciplinary action against a corporation or partnership must be administered in the same manner and on the same grounds as disciplinary action against a registered landscape architect.

Section 40-28-170. A person who, without possessing a valid, unrevoked certificate or license as required by this chapter, uses the title or term "Landscape Architect" in a sign, card, listing, advertisement, or in any other manner states that he is a landscape architect, as defined in this chapter, is guilty of a misdemeanor and, upon conviction, fined not less than fifty dollars nor more than five hundred dollars or imprisoned for not exceeding six months or both.

Section 40-28-180. Each of the following facts constitutes a ground for disciplinary action against a holder of a license or certificate:

(1) he is practicing in violation of the provisions of this chapter;

(2) he has obtained the certificate or license by fraud or misrepresentation;

(3) he is impersonating a landscape architect or a former landscape architect of the same or similar name, or is practicing under an assumed, fictitious, or corporate name;

(4) he has aided or abetted, in the practice of landscape architecture, a person not authorized to practice landscape architecture under the provisions of this chapter;

(5) in the practice of landscape architecture, he has been guilty of fraud or deceit, negligence, wilful misconduct, or gross incompetence;

(6) he has affixed his seal to plans, drawings, specifications, or other instruments of service which have not been prepared by him or under his immediate and responsible direction or has permitted his name to be used for the purpose of assisting a person, not a landscape architect, to evade the provisions of this chapter.

Section 40-28-190. The board department annually shall prescribe reasonable fees, not to exceed the following prescribed limits, in an amount sufficient to pay for the costs of administering the provisions of this chapter in the following categories:

(1) Initial license fee 50.00

(2) Annual license renewal fee 100.00

(3) Initial certificate of

authorization fee 200.00

(4) Annual certificate of

authorization renewal fee 200.00

(5) Temporary license fee 100.00

(6) Initial examination fee

Cost of exam + 200.00

(7) Examination retake fee

Cost of section(s) + 100.00

(8) File transfer fee 50.00

(9) Duplicate license/certificate

fee 25.00

(10) Late fee 20.00

An additional amount not to exceed one hundred dollars may be charged each out-of-state applicant in each of the above categories.

Section 40-28-200. (A) Every landscape architect shall pay an annual license fee to the board department. The fee is due and payable on the first day of January of each year and becomes delinquent after the thirty-first day of January.

(B) If the annual license fee is not paid before it becomes delinquent, a penalty of twenty dollars must be added to the amount of the fee.

(C) If the annual certificate or license fee and penalty are not paid within ninety days of the expiration date, the landscape architect's certificate or license must be suspended after the expiration of thirty days from the date of mailing of notice of the delinquency by registered or certified mail, return receipt requested, postage prepaid and addressed to the landscape architect at his address as it appears in the records of the board department. The notice of delinquency must state that upon the expiration of time allowed his certificate or license must be suspended unless, within time allowed, the annual certificate or license fee and penalty are remitted.

(D) After the certificate or license has been suspended, it may be reinstated upon the payment of the annual renewal fee for each delinquent year, plus the penalty for each year, and such proof of the landscape architect's qualification as required by the board department. A landscape architect whose license has been suspended and who was registered by methods other than prescribed in Sections 40-28-110 and 40-28-130, is required to pass a written examination prescribed by the board department.

(E) The board department shall issue a receipt to each landscape architect promptly upon payment of the annual certificate or license fee.

Section 40-28-210. The Attorney General shall act as legal advisor to the board department and render such legal assistance as may be necessary in carrying out the provisions of this chapter."

SECTION 281. Chapter 65 of Title 40 of the 1976 Code is amended to read:

"Section 40-65-10. Unless the context or subject matter otherwise requires:

(a) "Soil classifier" shall mean a professional soil classifier as defined in subsection (b) of this section.

(b) "Professional soil classifier" shall mean a person who by reason of his special knowledge of the physical, chemical and biological sciences applicable to soils as natural bodies and of the methods and principles of soil classification as acquired by soils education and soil classification experience in the formation, morphology, description and mapping of soils is qualified to practice soil classifying and who has been duly registered by the State Board of Registration for professional soil classifiers.

(c) "Soil-classifier-in-training" shall mean a person who complies with the requirements for education and character and who has passed an examination in the fundamental soil and related subjects as provided for in Sections 40-65-100, 40-65-110, 40-65-120 and 40-65-130.

(d) "Soil" is all of the groups of natural bodies occupying the unconsolidated portion of the earth's surface capable of supporting plant life and having properties due to the combined effect of climate and living organisms, as modified by topography and time, upon parent materials.

(e) "Kind of soil" is a group of natural bodies that has a discrete combination landscape, morphological, chemical and physical properties.

(f) "Soil classification" is plotting the boundaries, describing and evaluating the kinds of soil as to their behavior and response to management under the various uses.

(g) "Practice of soil classifying and practice of professional soil classifying" shall mean any service or work the adequate performance of which requires education in the physical, chemical, biological and soil sciences, training and experience in the application of the special knowledge of these sciences to soil classification, the soil classification by accepted principles and methods, investigation, evaluation and consultation on the effect of measured, observed and inferred soil properties upon the various uses, the preparation of soil descriptions, maps and reports and interpretive drawings, maps and reports of soil properties and the effect of soil properties upon the various uses, and the effect of the various uses upon kinds of soil, any of which embraces such service or work either public or private incidental to the practice of soil classifying.

A person shall be construed to practice or offer to practice soil classifying within the meaning and intent of this chapter who by verbal claim, sign, advertisement, letterhead, card or use of some other title represent himself to be a soil classifier, but shall not mean or include the practice of soil classifying by persons exempt under the provisions of Section 40-65-240 nor the work ordinarily performed by persons who sample and test soil for fertility status or construction materials and engineering surveys and soundings to determine soil properties influencing the design and construction of engineering and architectural projects. Notwithstanding the foregoing provisions, a person shall not be construed to practice soil classifying unless he offers soil classifying services to or performs such soil classifying for the public.

(h) "Board Department" shall mean the South Carolina Land Resources Conservation Commission Department of Wildlife, Marine and Natural Resources.

(i) "Responsible charge" shall mean direct control and personal supervision of soil classification.

Section 40-65-20. The Board department shall serve as the board agency of registration for professional soil classifiers and added to its duties shall be the administration of the provisions of this chapter. The Board department shall appoint an advisory council of five qualified professional soil classifiers who shall have the qualifications required in Section 40-65-30 to recommend certification of those eligible to become registered soil classifiers. One of these five persons shall be the chief soil scientist of the Board department. The other four members of the advisory council shall be appointed for five years and until their successors have been appointed and qualify, provided that the initial terms shall be made so that the term of one member shall expire on June thirtieth of each year.

Section 40-65-30. Each member of the advisory council shall be a professional soil classifier who has been actively engaged in the practice of professional soil classifying for a period of at least ten years and who shall have been in responsible charge of soil classification for at least six years.

Section 40-65-40. Each member of the advisory council may receive twenty-five dollars for each day actually engaged in the services of the Board department and shall be reimbursed for all actual travelling, incidental and clerical expenses necessarily incurred in carrying out the provisions of this chapter. These expenses shall be paid from general appropriations of the Board department.

Section 40-65-50. Vacancies in the membership of the advisory council shall be filled for the unexpired term by appointment by the Board department as provided in Section 40-65-20.

Section 40-65-60. The advisory council shall hold at least two regular meetings each year. Special meetings may be held as the bylaws of the council provide. The council shall elect annually a chairman and a vice-chairman. The chief soil scientist, SCLRCC, shall serve as secretary-treasurer of the council. A quorum of the council shall consist of three members.

Section 40-65-70. The Board department shall have the following powers:

(a) To adopt and amend all bylaws, rules of procedure and regulations to administer and carry out the provisions of this chapter and for the conduct of its affairs and functions consistent with the Constitution and laws of this State or this chapter which may be reasonably necessary for the performance of its duties and the regulation of its proceedings, meetings, records, examinations and the conduct thereof, and to adopt and promulgate a code of ethics which shall be binding upon all persons registered under or subject to this chapter.

(b) To affix its official seal to each numbered certificate issued.

(c) To hold hearings, administer oaths, take and record testimony and under the hand of its chairman and the seal of the Board department subpoena witnesses and compel their attendance and to require the submission of books, papers, documents or other pertinent data in any disciplinary matters or in any case wherever a violation of this chapter or of the rules or regulations promulgated by the Board department is alleged, and to make findings, orders and determinations which shall have the force and effect of law which shall be subject to review by the courts of this State in the manner provided by law from decisions of other boards and commissions. Upon failure or refusal of any person to comply with any such order of the Board department, or to honor its subpoena, the Board department may apply to a court of any jurisdiction to enforce compliance with same.

(d) To apply in the name of the State for relief by injunction without bond, to enforce the provisions of this chapter or to restrain any violation thereof. In such proceedings it shall not be necessary to allege or prove either that an adequate remedy at law does not exist or that substantial or irreparable damage would result from the continued violation thereof. The members of the Board department shall not be personally liable under this proceeding.

Section 40-65-80. All funds derived under the provisions of this chapter shall be remitted to the State Treasurer as collected. Such funds may be expended as directed by the Board department upon warrant requisitions directed to the Comptroller General who shall, after being satisfied of the propriety of payment, issue his warrant on the State Treasurer.

Section 40-65-90. The Board department shall keep a record of its proceedings and of all applications for registration which record shall show the name, age and last known address of each applicant, the place of business of such applicant, his education, experience and other qualifications, type of examination required, whether or not a certificate of registration was granted, whether or not the applicant was rejected, the date of the action of the Board department, and such other information as may be deemed necessary by the Board department which record of the Board department shall be prima facie evidence of the proceeding of the Board department and a transcript thereof duly certified by the secretary under seal shall be admissible as evidence with the same force and effect as if the original were produced.

Section 40-65-100. To be eligible for registration as a professional soil classifier or certification as a soil-classifier-in-training, an applicant must be of good character and reputation and shall submit a written application to the Board department containing such information as the Board department may require, together with five references, three of which shall be professional soil classifiers having personal knowledge of his soil classifying experience; or in the case of an application for certification as a soil-classifier-in-training, by three character references.

Section 40-65-110. An applicant otherwise qualified shall be admitted to registration as a professional soil classifier without examination within one year after July 1, 1974 if he is:

(a) A person of good character who has been a resident of this State for at least one year immediately preceding the date of his application and was a practicing soil classifier on July 1, 1974, and meets the requirements of this chapter and has performed work of a character satisfactory to the Board department; or,

(b) A person holding a certificate of registration in the practice of soil classifying on the basis of comparable qualifications issued to him by a proper authority of another state, possession or territory of the United States and who in the opinion of the Board department meets the requirements of this chapter.

Section 40-65-120. An applicant otherwise qualified must be admitted to registration as a professional soil classifier if he has fifteen or more semester hours of approved soil courses as recognized by the Board department, has successfully passed an examination in the principles and practice of soil classifying as prescribed by the Board department, has completed two or more years of training under the supervision of a registered soil classifier or someone who meets the minimum academic and experience requirements of a registered soil classifier, and has one of the following additional qualifications:

(a) is a person who has earned a bachelor's degree or equivalent in a curriculum approved by the Board department and with a specific record of two years or more of experience of a grade and character which indicates to the Board department that the applicant is competent to practice soil classifying; or

(b) is a person who has earned a bachelor's degree or equivalent in one of the natural sciences and has six years or more of experience in soil classifying work of a character and grade which indicates to the Board department that the applicant is competent to practice soil classifying; or

(c) is a person who holds a valid soil-classifier-in-training certificate with a specific record of two years or more experience as a soil-classifier-in-training of a grade and character which indicates to the Board department that the applicant is competent to practice soil classifying; or

(d) is a person who is an extension specialist, researcher, or teacher of soils in a college or university and has two or more years of soil classifying experience of a character and grade which indicates to the Board department that the applicant is competent to practice soil classifying.

Section 40-65-130. Unless otherwise qualified, a person must be admitted to certification as a soil-classifier-in-training, which certification is valid for two years, if he is a person who is:

(a) a person who has earned a bachelor's degree or equivalent in a curriculum approved by the Board department and has passed an examination in the fundamentals of soil classification; or

(b) an applicant who has completed a curriculum not approved by the Board department and who has a specific record of four years of soil classification experience of which two years must be under the supervision of a registered soil classifier or someone who meets the minimum academic and experience requirements of a registered soil classifier and who passes an examination in the fundamentals of soil classification.

Section 40-65-140. Application for registration as a professional soil classifier and for certification as a soil-classifier-in-training shall be on a form prescribed and furnished by the Board department, shall contain statements made under oath showing the applicant's education, a detailed summary of his experience, and references as required by this chapter and shall be accompanied by an application fee established by the Board department of not less than five nor more than twenty-five dollars.

Section 40-65-150. Registration shall be established by the Board department subject to the following limitations:

(a) The registration fee for professional soil classifiers shall be in an amount not less than twenty nor more than one hundred dollars;

(b) The registration fee for soil-classifier-in-training certification or enrollment shall be established by the Board department in an amount not less than ten nor more than fifty dollars;

(c) Should the Board department deny the issuance of a certificate to an applicant, the fee paid shall be retained as an application fee.

Section 40-65-160. Examinations shall be held at such times and places as the Board department shall determine. Examinations required on fundamental soil subjects may be taken at any time prescribed by the Board department. The final examinations may not be taken until the applicant has completed a period of soil classifying experience as provided in this chapter. The passing grade on any examination shall not be less than seventy percent. A candidate failing one examination may apply for reexamination, which may be granted upon payment of a fee established by the Board department of not less than ten nor more than twenty-five dollars. Any candidate for registration having an average grade of less than fifty percent may not apply for reexamination for a period of one year from the date of such examination.

Section 40-65-170. The Board department shall issue a certificate of registration upon payment of the registration fee as provided for in this chapter to an applicant who in the opinion of the Board department has met the requirements of this chapter. Enrollment cards must be issued to those who qualify as soil-classifiers-in-training. Certificates of registration must carry the designation 'professional soil classifier', show the full name of the registrant without any titles, be numbered, and be signed by the Executive Director of the South Carolina Land Resources Conservation Commission department under the seal of the board. The issuance of a certificate of registration by the Board department is prima facie evidence that the person named is entitled to all rights and privileges of a professional soil classifier during the term for which the certificate is valid if it has not been revoked or suspended.

Section 40-65-180. Certificates of registration shall expire on the last day of the month of December following their issuance and shall become invalid after that date unless renewed. It shall be the duty of the secretary of the Board department to notify every person registered under this chapter of the date of the expiration of the certificate of registration and the amount of the fee required for its renewal. Such notice shall be mailed to the registrant at his last-known address at least one month in advance of the expiration of such certificate. Renewal may be effected at any time prior to or during the month of December by the payment of a fee established by the Board department not to exceed the fees established for registration. Renewal of an expired certificate may be effected under rules promulgated by the Board department regarding requirements for reexamination and penalty fees.

Section 40-65-190. A new certificate of registration to replace any certificate lost, destroyed or mutilated may be issued subject to the rules of the Board department. A reasonable charge shall be made for such issuance.

Section 40-65-200. The Board department shall cause to have prepared and shall adopt a code of ethics a copy of which shall be delivered to every registrant and applicant for registration under this chapter. Such delivery shall constitute due notice to all registrants. The Board department may revise and amend this code of ethics from time to time and shall forthwith notify each registrant in writing of such revisions and amendments. Such code of ethics when adopted shall apply to all certificate holders.

Section 40-65-210. The Board department shall have the power to suspend, refuse to renew or revoke the certificate of registration of, or reprimand any registrant who is guilty of: the practice of fraud or deceit in obtaining a certificate of registration, any gross negligence, incompetence or misconduct in the practice of soil classifying, any felony or crime involving moral turpitude or violation of the code of ethics adopted and promulgated by the Board department.

Section 40-65-220. Any person may prefer charges of fraud, deceit, gross negligence, incompetence, misconduct or violation of the code of ethics against any individual registrant. Such charges shall be in writing and shall be sworn to by the person or persons making them and shall be filed with the secretary of the Board department. All charges unless dismissed by the Board department as unfounded or trivial shall be heard by the Board department within three months after the date on which they shall have been preferred. The time and place for such hearing shall be fixed by the Board department and a copy of the charges, together with a notice of the time and place of hearing, shall be served upon the accused either personally or sent by registered or certified mail to the last-known address of such individual registrant at least thirty days before the date fixed for hearing. At any hearing the accused registrant shall have the right to appear in person or by counsel, or both, to cross-examine witnesses appearing against the accused, and to produce evidence and witnesses in defense of the accused. If the accused person fails or refuses to appear, the Board department may proceed to hear and determine the validity of the charges. If after such hearing a majority of the Board department votes in favor of sustaining the charges, the Board department shall make findings of fact, draw its conclusions and issue its order therein and serve the same upon the accused. In such order the Board department may reprimand, suspend, refuse to renew, or revoke the accused individual's certificate of registration. Any person who feels aggrieved by any action of the Board department in denying, suspending, refusing to renew, or revoking his certificate of registration may appeal therefrom to the court of common pleas for the county of his residence within thirty days after receipt of the order of the Board department. The hearing by the court shall be de novo.

Section 40-65-230. No resident or nonresident shall practice or offer to practice professional soil classifying as defined by this chapter unless such person is duly registered to practice under the provisions of this chapter.

Section 40-65-240. This chapter shall not be construed to prevent or affect:

(a) The work of an employee or subordinate of a person holding a certificate of registration under this chapter or an employee of a person practicing lawfully under subsection (a) of this section, provided such work does not include final soil classifying decisions and is done under the direct supervision of and verified by a person holding a certificate of registration under this chapter or a person practicing lawfully under subsection (a) of this section.

(b) The practice of any other legally recognized profession or trade.

(c) The practice of soil classifying by a person who is regularly employed to perform soil classifying services solely for his employer or for a subsidiary or affiliated corporation of his employer, providing the soil classifying is performed on the real property of his employer.

Section 40-65-260. Any person who shall practice or offer to practice professional soil classifying in this State without being registered in accordance with the provisions of this chapter, or any person, firm, partnership, organization, association, corporation or other entity using or employing the words "soil classifier" or "professional soil classifier" or any modification or derivative thereof in its name or form of business or activity except as authorized in this chapter, or any person presenting or attempting to use the certificate of registration of another, or any person who shall give any false or forged evidence of any kind to the Board department or to any member thereof in obtaining or attempting to obtain a certificate of registration or any person who shall falsely impersonate any other registrant of like or different name, or any person who shall attempt to use an expired or revoked or nonexistent certificate of registration, or who shall practice or offer to practice when not qualified, or any person who falsely claims that he is registered under this chapter, or any person, partnership, corporation or other entity who shall violate any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not more than one thousand dollars or be imprisoned for not more than three months. Each violation shall constitute a separate offense. It shall be the duty of all duly constituted officers of the State and all political subdivisions thereof to enforce the provisions of this chapter and to prosecute any persons violating same."

SECTION 282. Section 41-44-60(B) of the 1976 Code, as last amended by Act No. 505 of 1990, is further amended to read:

"(B) The Governor shall cause the corporation to be formed, and he shall designate the incorporators. The initial board of directors must consist of three members, one of whom must be appointed by the Governor and two of whom must be appointed by the State Development Board Secretary of the Department of Commerce and Economic Development. Members of the initial board of directors shall serve three-year terms. The initial board of directors must be representative of the State as a whole. The registered agent must be designated by the Governor. The corporation's existence begins upon filing of the articles of incorporation. The corporation's existence is perpetual, unless dissolved as provided herein. The corporation is authorized to issue shares of a number, class, and par or no-par value, as provided in its articles of incorporation. The general nature of the business of the corporation is to serve as general partner of the Palmetto Seed Capital Fund Limited Partnership, to provide financing to high growth oriented businesses, to provide seed capital to South Carolina businesses, and to undertake any acts appropriate or necessary to carry out the foregoing. The bylaws, the organizational minutes, the election of officers, the issuance of any stock of the corporation, and any other actions appropriate or necessary for the organization and operation of the corporation must be of that form and content as determined by the board of directors. Nothing contained in the chapter may prohibit the shareholders or board of directors of the corporation from altering, amending, or otherwise modifying the articles of incorporation, bylaws, or any other agreement governing the corporation as otherwise permitted pursuant to the laws of this State, except that the general nature of the business of the corporation may not be amended, altered, or otherwise modified or restricted, and except that the corporation may be dissolved, merged, or otherwise cease to exist pursuant to the appropriate vote of the board of directors and shareholders. The Governor may expend those discretionary funds as he has available and considers appropriate for the purpose of organizing the corporation and promoting the sale of the qualified investments."

SECTION 283. Chapter 45 of Title 41 of the 1976 Code is repealed.

SECTION 284. Section 42-7-40 of the 1976 Code is amended to read:

"Section 42-7-40. This article shall apply to the State including the State Guard and the National Guard, but excluding the State Highway Department Department of Transportation."

SECTION 285. Section 42-7-310(a)&(c) of the 1976 Code are amended to read:

"(a) There is hereby established, as a separate State agency division of the Budget and Control Board, the Second Injury Fund for the purpose of making payments in accordance with the provisions of Section 42-9-400 and this section. The fund shall be administered by a director appointed by the State Budget and Control Board. The State Treasurer shall be the custodian of the fund and all moneys and securities in the fund shall be held in a separate and distinct trust account by the State Treasurer.

(c) The original funding of the Second Injury Fund shall be in a manner as follows:

(1) From the State Workers' Compensation Fund, the State Treasurer is hereby authorized and directed to transfer one hundred thousand dollars to be deposited in the Second Injury Fund.

(2) The State Treasurer is hereby authorized and directed to deposit in the Second Injury Fund one-third of the workers' compensation premium tax.

(3) The State Treasurer shall deposit to the account of the Second Injury Fund the money authorized paid to the Industrial Workers' Compensation Commission under Section 42-9-140."

SECTION 286. Section 42-9-380 of the 1976 Code is amended to read:

"Section 42-9-380. The State Highway Department Department of Transportation may pay from State highway funds claims of employees of the Department arising under the provisions of this Title which are recommended for payment by said Department and have the approval of the Commission."

SECTION 287. Chapter 1, Title 43 of the 1976 Code is amended by adding:

"Section 43-1-5. For the purposes of this title unless the context clearly indicates otherwise:

(1) `South Carolina Board of Social Services' or `state board' or `board' means the South Carolina Social Services Commission consisting of three full-time commissioners appointed by the Governor upon the advice and consent of the Senate.

(2) `State Commissioner' or `commissioner' means the executive officer appointed by the South Carolina Social Services Commission to serve at its pleasure as the administrative head of the State Department of Social Services."

SECTION 288. Section 43-1-10 of the 1976 Code is amended to read:

"Section 43-1-10. There is created the State Department of Social Services, referred to in this Title as the State Department or Department, with such subordinate divisions as may be created or authorized by law. The State Department shall operate under the South Carolina Board of Social Services be governed by a South Carolina Social Services Commission consisting of three full-time South Carolina Social Services Commissioners appointed by the Governor upon the advice and consent of the Senate. In making these 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 the 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. The South Carolina Social Services Commissioners must possess sound moral character, superior knowledge of and experience in the field of children's services and other social services, and proven administrative ability.

Terms of the members shall be for four years and until their successors are appointed and qualify, except that of the original appointees, one shall be appointed for a period of two years, one shall be appointed for a period of three years, and one shall be appointed for a term of four years. If a vacancy occurs when the General Assembly is not in session, it must be filled by the Governor's appointment for the unexpired term, subject to confirmation by the Senate at the next session of the General Assembly.

Each South Carolina Social Services Commissioner, within thirty days after notice of appointment and before taking office, shall take and file with the Secretary of State the oath of office prescribed by the State Constitution.

One of the members of the commission shall be designated by the Governor to serve as chairman."

SECTION 289. Section 43-1-20 of the 1976 Code is amended to read:

"Section 43-1-20. The members of the South Carolina Board of Social Services shall be elected by the General Assembly and shall consist of a chairman elected from the State at large and one commissioner elected from each congressional district. The members first elected from the first, third and fifth districts having served for two years and until their successors have been duly elected and qualified and the chairman and members from the second, fourth and sixth districts having served for four years and until their successors have been duly elected and qualified, the successors of the original members have served and shall hereafter serve for terms of four years and until their successors have been duly elected and qualified. No member of the General Assembly shall be eligible for election as chairman or member of the Board. In case of any vacancy by death, resignation or otherwise in the office of chairman or member from any district, the Governor shall appoint a successor to serve only for the unexpired term.

(A) The South Carolina Social Services Commissioners shall receive an annual salary set by the General Assembly and reimbursement for their expenses incurred while engaged in the work of the commission in the same manner as other state officers.

(B) No member of the commission may:

(1) engage in any occupation or business interfering with or inconsistent with his duties;

(2) serve on or under a committee of a political party; or

(3) contribute, directly or indirectly, money or anything of value in support of a candidate for office or to a political organization."

SECTION 290. Section 43-1-25 of the 1976 Code is amended to read:

"Section 43-1-25. No member of the State Board of South Carolina Social Services Commission, directly or indirectly, (a) individually, (b) as a member of a partnership or of an association, (c) as a member or stockholder of a corporation, or (d) as a relative to any person by consanguinity or affinity within the second degree shall have any interest in any business which contracts with the Department of Social Services to provide services."

SECTION 291. Section 43-1-30 of the 1976 Code is amended to read:

"Section 43-1-30. Members of the Board shall receive travel and per diem as provided under the law for State Boards, Commissions and Committees. The South Carolina Social Services Commission shall be vested with the duty and authority to oversee, manage, and control the operation, administration, and organization of the department subject only to the laws of this State and the United States."

SECTION 292. Section 43-1-40 of the 1976 Code is amended to read:

"Section 43-1-40. The Board shall meet not less than once a month on regular dates fixed by it. A majority of the Board shall constitute a quorum and decide all matters. The Board may adopt its own rules and procedure for the government of its deliberations not otherwise provided by law. The South Carolina Social Services Commission may appoint an executive officer to serve at its pleasure who shall be the administrative head of the Department. For the initial appointment and upon any vacancy of the position, the commission shall convene a blue-ribbon panel to assist the commission in a nationwide search and selection process for appointment of a new executive director. Members shall not receive compensation for service on this panel. The panel shall include one member of the House of Representatives, to be appointed by the Speaker of the House; one member of the Senate, to be appointed by the President Pro Tempore of the Senate; one member of the commission, to be elected by the commission; and one member knowledgeable in the field of natural resource management, to be appointed by the Governor. The final decision on hiring or appointing a new executive director remains the responsibility of the commission. The panel shall dissolve upon making its recommendation to the commission.

The executive director must carry out the policies of the commission and administer the affairs of the department. He may exercise all powers belonging to the commission within the guidelines and policies established by the commission. The commission may grant the executive director the authority to employ division directors and other personnel he considers necessary and for which funds have been authorized in the annual general appropriation act. Division directors serve at the pleasure of the commission."

SECTION 293. Section 43-1-50 of the 1976 Code is amended to read:

"Section 43-1-50. The Board shall select as As provided in Section 43-1-40, the South Carolina Social Services Commission may appoint the chief executive officer and as the administrative head of the State Department a State Commissioner of Social Services, referred to in Chapters 1, 3, 5, 7, 9, 19 and 23 and in Title 20, unless the context clearly indicates otherwise, as the State Commissioner or the Commissioner of the Department of Social Services, who shall hold office until his successor has been elected and qualified. The Commissioner chief executive officer shall execute the decisions and carry out the policies of the Board South Carolina Social Services Commission and see that the laws relating to the activities and responsibilities of the Board South Carolina Social Services Commission are obeyed. He shall receive such salary as the Board South Carolina Social Services Commission shall fix, unless the General Assembly shall have fixed his compensation in the annual appropriation act or otherwise. The Board South Carolina Social Services Commission may require the Commissioner chief executive officer to furnish bond in such sum as the Board South Carolina Social Services Commission may require and may designate the duties of the Commissioner chief executive officer not otherwise specified by law."

SECTION 294. Chapter 3, Title 43 of the 1976 Code is amended to read:

Section 43-3-10. There is created in each county of the State a county department of social services, referred to in Chapters 1, 3, 5, 7, 9, 19 and 23 as the county department, and in each county a county board of social services, referred to in Chapters 1, 3, 5, 7, 9, 19 and 23 as the county board, to be composed of not less than three nor more than nine members. Each county board serves in an advisory capacity to the director of the county department of social services and to the South Carolina Social Services Commission. The members of each county board shall be appointed by the Governor upon the recommendation of a majority, including the Senator, of the county legislative delegation. The terms of the members shall be for three years and until their successors have been appointed and qualify. In case of a vacancy caused by death, removal, resignation or otherwise, such vacancy shall be filled as provided in this section, but only for the unexpired term.

Section 43-3-20. Members of the county boards shall receive the same mileage as is provided by law for state boards, committees and commissions for travel in attending meetings and a per diem, the total per diem not to exceed seventy-five dollars per year.

Section 43-3-30. The members of the respective county boards shall elect one of their members as chairman. Each county board shall meet not less than once a month on regular dates fixed by it unless the State Department South Carolina Social Services Commission shall designate other regular dates for the various county board meetings. A simple majority of the members shall constitute a quorum and may decide all matters. Each county board may adopt its own rules of procedure unless the State Department South Carolina Social Services Commission shall promulgate uniform rules for all county boards to observe.

Section 43-3-40. Subject to rules and regulations of the State Department, each county board shall The South Carolina Social Services Commission shall select a director for each county department, referred to in Chapters 1, 3, 5, 7, 9, 19 and 23 as the county director, to discharge the duties of such office. The salaries of county directors shall be fixed by the State Department South Carolina Social Services Commission. In fixing the salaries of the various county directors the State Department South Carolina Social Services Commission shall consider the individual qualifications of the respective directors and the possibilities of their individual positions. The county director shall be the chief executive officer of the county board electing him department and shall perform such duties as are directed by the county board, in conformity to the general policies of the State Department South Carolina Social Services Commission or as directed by law.

Section 43-3-50. Each county board may create a county advisory council of social services to consider and advise with the county board on its problems and the remedies therefor, such council not to exceed five members. Members of such councils shall serve without compensation or allowance for expenses.

Section 43-3-60. The respective county boards directors shall act as the representatives of the State Department South Carolina Social Services Commission in administering such welfare activities within the county as are provided for by law or as are directed and required by the State Department South Carolina Social Services Commission when not otherwise provided for by law. Each of such county boards directors shall see that all laws are enforced for the protection and welfare of minors and the removal of moral menaces to the young and to safeguard and promote the health, education and general welfare of minors. Subject to the rules and regulations of the State Department, each of the county boards directors may use any funds supplied to it by the county in which it the county department operates for such purposes as may be directed by law, in addition to its their other duties. Each county board director shall serve as the agent of the State Department in the performance of such functions as the State Department South Carolina Social Services Commission may delegate to it.

Section 43-3-70. Each county board director shall submit to the State Department South Carolina Social Services Commission at such times as the latter shall require its his estimate of the necessary administrative expenses and expenditures in the county, which, when approved by the State Department South Carolina Social Services Commission, shall be authority for the county board director to engage such other agents and employees as may be necessary in executing the duties and activities delegated to the county board director. All such agents and employees shall measure up to the standards fixed by the State Department South Carolina Social Services Commission as to education, training, fitness and experience in social work.

Section 43-3-80. Each county board director shall prepare and submit to the State Department South Carolina Social Services Commission, as required by the latter, an estimated budget for carrying out the duties and functions delegated to the said board director, and shall maintain an accurate record of its county department's activities and all funds received and expended by it.

Section 43-3-90. The respective county boards directors shall maintain such standards of work, procedure and records as are required by the State Department South Carolina Social Services Commission in the discharge of their functions or in the use of any funds provided by the State Department.

Section 43-3-100. The records and accounts of each county shall be maintained as prescribed by the State Department South Carolina Social Services Commission and shall be subject to inspection, supervision, and audit by the State Department and in the same manner and with the same effect as may be provided by law for the examination of other public offices.

Section 43-3-110. Each county board director shall furnish such reports to the State Department South Carolina Social Services Commission as the latter shall require, including reports of all receipts and disbursements for assistance, which shall be made in such manner and upon such forms as the State Department South Carolina Social Services Commission may require. Each county board director shall make an annual report of its the county department's activities, receipts and disbursements to each member of the county legislative delegation, to the foreman of the county grand jury and to the clerk of court, who shall file such report in his office as a public record. Each county board director shall furnish such reports and data as may be required by the State Department or the Federal Government, through its appropriate agency or instrumentality, concerning conditions within its county, its the county department's activities and functions and the administration of funds received by it the county department."

SECTION 295. Items (f) and (h)(5) of Section 43-5-550 of the 1976 Code are amended to read:

"(f) The Commissioner Commission of the department is also responsible, upon approval of the DSS State Board, for appointing the chairperson and membership of the committee.

(5) Job marketing and selective placement services must be provided by the DSS Work Support Services staff and through cooperative agreement or contracts with the Employment Security Commission, Department of Vocational Rehabilitation, Job Training Partnership Act (JTPA), and Private Industry Councils (PIC), State Development Board the Division of State Development of the Department of Commerce and Economic Development, State Board for Technical and Comprehensive Education, or all. Emphasis must be placed on the identification and development of quality placements to assure the continued self-sufficiency of DSS clients served."

SECTION 296. Section 43-21-120 of the 1976 Code is amended to read:

"Section 43-21-120. There is created the Coordinating Council to the Commission on Aging to work with the commission on the coordination of programs related to the field of aging, and to advise and make pertinent recommendations to the commission, composed of the following: the Commissioner of the State Department of Health and Environmental Control, the State Commissioner of Social Services, the Commissioner of the State Mental Health Department, the Superintendent of Education, the Commissioner of the State Department of Labor, the Executive Director of the South Carolina State Employment Security Commission, the Director of the State Development Board Secretary of the Department of Commerce and Economic Development, the Commissioner of the State Department of Vocational Rehabilitation, the Director of the Clemson University Extension Service, the Executive Director of the South Carolina Department of Parks, Recreation and Tourism, the Director of the South Carolina Retirement System, the Executive Director of the South Carolina Municipal Association, the Executive Director of the State Office of Economic Opportunity, the Executive Director of the South Carolina Association of Counties, the Commissioner of the Commission for the Blind, the Executive Director of the State Health and Human Services Finance Commission, the Director of the State Commission on Alcohol and Drug Abuse, and the Chairperson of the State Commission on Women. The council shall meet at least once each six months and special meetings may be called at the discretion of the chairman or upon request of a majority of the members. The chairman of the commission and the director, who shall serve as secretary to the council, shall attend the meetings of the council. The director of each agency or department making up the council shall serve as chairman of the council for a term of one year. The office of chairman is held in the order in which the membership of the council is listed in this section."

SECTION 297. Section 44-1-10 of the 1976 Code is amended to read:

"Section 44-1-10. Sections 44-1-10 to 44-1-70 shall be cited as Reorganization Plan Number 10. For the purposes of this title unless the context clearly indicates otherwise:

(1) `Board of Health and Environmental Control' or `board' means the South Carolina Health and Environmental Control Commission consisting of three full-time commissioners appointed by the Governor upon the advice and consent of the Senate.

(2) `Commissioner' means the executive officer appointed by the South Carolina Health and Environmental Control Commission to serve at its pleasure as the administrative head of the South Carolina Department of Health and Environmental Control."

SECTION 298. Section 44-1-20 of the 1976 Code is amended to read:

"Section 44-1-20. There is hereby created the South Carolina Department of Health and Environmental Control which shall be administered under the supervision of the South Carolina Board of Health and Environmental Control. The board shall consist of seven members, one from each congressional district, and one from the State at large to be appointed by the Governor, upon the advice and consent of the Senate. The terms of the members shall be for four years and until their successors are appointed and qualify, except that of the original appointees, three shall be appointed for two years and four shall be appointed for four years. All vacancies shall be filled in the manner of the original appointment for the unexpired portion of the term only. A chairman, and such other officers as it deems necessary, shall be elected annually by the Board from its membership; provided, that initially the chairman shall be appointed by the Governor. governed by a South Carolina Health and Environmental Control Commission consisting of three full-time commissioners appointed by the Governor upon the advice and consent of the Senate. In making these 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 the 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. The commissioners must possess sound moral character, superior knowledge of and experience in the field of health and environmental control, and proven administrative ability.

Terms of the members shall be for four years and until their successors are appointed and qualify, except that of the original appointees, one shall be appointed for a period of two years, one shall be appointed for a period of three years, and one shall be appointed for a term of four years. If a vacancy occurs when the General Assembly is not in session, it must be filled by the Governor's appointment for the unexpired term, subject to confirmation by the Senate at the next session of the General Assembly.

Each commissioner, within thirty days after notice of appointment and before taking office, shall take and file with the Secretary of State the oath of office prescribed by the State Constitution.

One of the members of the commission shall be designated by the Governor to serve as chairman."

SECTION 299. Section 44-1-30 of the 1976 Code is amended to read:

"Section 44-1-30. The Board shall meet at least quarterly and the members shall receive such compensation for their services as is provided by law for members of boards and commissions. (A) The commissioners shall receive an annual salary set by the General Assembly and reimbursement for their expenses incurred while engaged in the work of the commission in the same manner as other state officers.

(B) No member of the commission may:

(1) engage in any occupation or business interfering with or inconsistent with his duties;

(2) serve on or under a committee of a political party; or

(3) contribute, directly or indirectly, money or anything of value in support of a candidate for office or to a political organization."

SECTION 300. Section 44-1-40 of the 1976 Code is amended to read:

"Section 44-1-40. At its first meeting the Board shall organize and select a commissioner for the Department who shall serve a four-year term beginning July 1, 1973, and who shall have such authority and perform such duties as may be directed by the Board. The salary of the commissioner for the year 1973-74 shall be fixed by the Board, upon approval of the State Budget and Control Board. In order to carry out the provisions of this section the Governor shall appoint the Board members as soon as practicable after June 26, 1973, so that the board may organize and select a commissioner prior to July 1, 1973. The commission shall be vested with the duty and authority to oversee, manage, and control the operation, administration, and organization of the department subject only to the laws of this state and the United States."

SECTION 301. Section 44-1-50 of the 1976 Code is amended to read:

"Section 44-1-50. The Board commission or its designated agents may conduct such hearings as may be required by law or as deemed necessary by the Board commission. The Board commission shall provide for the administrative organization of the Department and shall consolidate and merge existing duties, functions, and officers of the former agencies as may be necessary for economic and efficient administration. Provided, however, that the Board may appoint such advisory boards as it deems necessary to carry out the functions of Sections 44-1-10 to 44-1-70, and there shall be provided a compensation for their services as provided by the law for members of boards and commissions."

SECTION 302. Section 44-1-60 of the 1976 Code is amended to read:

"Section 44-1-60. All of the functions, powers and duties provided by law to the State Board of Health, its officers or agencies, to the Executive Committee of the State Board of Health, to the State Department of Health, and to the Pollution Control Authority are hereby transferred to the Department of Health and Environmental Control. All records, property, personnel, unexpended appropriations, and appropriations for 1973-74 for the State Board of Health, the State Department of Health, and the Pollution Control Authority are hereby transferred to the Department of Health and Environmental Control. Upon July 1, 1973, the State Board of Health, the Executive Committee of the State Board of Health, the State Department of Health, and the Pollution Control Authority of South Carolina are abolished. Provided, however, that all rules, regulations, standards, stream classifications, orders or other actions of the Pollution Control Authority and the designated health agencies shall remain in effect unless specifically changed or voided by the Board of Health and Environmental Control. The commission may appoint an executive officer to serve at its pleasure who shall be the administrative head of the Department. For the initial appointment and upon any vacancy of the position, the commission shall convene a blue-ribbon panel to assist the commission in a nationwide search and selection process for appointment of a new executive director. Members shall not receive compensation for service on this panel. The panel shall include one member of the House of Representatives, to be appointed by the Speaker of the House; one member of the Senate, to be appointed by the President Pro Tempore of the Senate; one member of the commission, to be elected by the commission; and one member knowledgeable in the field of natural resource management, to be appointed by the Governor. The final decision on hiring or appointing a new executive director remains the responsibility of the commission. The panel shall dissolve upon making its recommendation to the commission."

SECTION 303. Section 44-1-70 of the 1976 Code is amended to read:

"Section 44-1-70. All rules and regulations promulgated by the Board shall be null and void unless approved by a concurrent resolution of the General Assembly at the session of the General Assembly following their promulgation. The executive director must carry out the policies of the commission and administer the affairs of the department. He may exercise all powers belonging to the commission within the guidelines and policies established by the commission. The commission may grant the executive director the authority to employ division directors and other personnel he considers necessary and for which funds have been authorized in the annual general appropriation act."

SECTION 304. Section 44-21-280 of the 1976 Code is amended to read:

"Section 44-21-280. The Department may sell marketable timber from lands under its jurisdiction to the highest bidder when, in the judgment of the Commission and the State Commission of Forestry Division of the Department of Wildlife, Marine and Natural Resources, such action is deemed advantageous to the State. The State Commission of Forestry Division shall select the trees to be cut and shall stipulate the conditions for cutting and removing the timber from departmental lands.

Proceeds from the sale of any such timber shall be deposited in the General Fund of the State."

SECTION 305. Section 44-43-30 of the 1976 Code is amended to read:

"Section 44-43-30. Whenever any person applies for the issuance, reissuance or renewal of any class of driver's license, the Department of Highways and Public Transportation Public Safety is authorized to furnish that person with a form, sufficient under the provisions of the Uniform Anatomical Gift Act (Article 5 of this chapter), for the gift of all or part of the donor's body conditioned upon the donor's death and a document containing a summary description and explanation of such act. If any such person who is legally authorized desires to execute such a gift, the Department may provide that person with appropriate assistance and the presence of the legally required number of witnesses."

SECTION 306. Section 44-43-50 of the 1976 Code is amended to read:

"Section 44-43-50. The Department of Highways and Public Transportation Public Safety, its officers, and employees are immune from any civil liability for any acts or omissions in carrying out the provisions of Section 44-43-40."

SECTION 307. Section 44-43-70(B) of the 1976 Code is amended to read:

"(B) Special efforts must be made to educate and recruit minorities to volunteer as potential bone marrow donors. Dissemination of information and recruitment of bone marrow donors may be accomplished through use of the press, radio, and television, through the placement of educational materials in appropriate health care facilities, blood banks, and state and local agencies, and through any other means of public dissemination. The Medical University of South Carolina and the University of South Carolina in conjunction with the South Carolina Department of Highways and Public Transportation Public Safety shall make educational materials available at all places where drivers' licenses are issued or renewed."

SECTION 308. Section 44-67-50 of the 1976 Code is amended to read:

"Section 44-67-50. The commissioner may designate trained employees of the department to be vested with police powers to enforce and administer the provisions of this chapter and all rules and regulations adopted thereunder. The commissioner shall also have authority to contract with other state and local governmental agencies having law enforcement capabilities for services and personnel reasonably necessary to carry out the enforcement provisions of this chapter. In addition, state highway patrol officers, wildlife officers enforcement officers of the Natural Resources Enforcement Division of the Department of Wildlife, Marine and Natural Resources, fire marshals and police officers, and those employees of the Department of Health and Environmental Control and the Parks, Recreation and Tourism Department vested with police powers all shall enforce the provisions of this chapter and all rules and regulations adopted thereunder and are hereby empowered to issue citations to or arrest, without warrant, persons violating any provision of this chapter or any of the rules and regulations adopted hereunder. All of the foregoing enforcement officers may serve and execute all warrants, citations and other process issued to enforce the provisions of this chapter."

SECTION 309. Section 44-96-60(C)(4) of the 1976 Code, as added by Act No. 63 of 1991, is amended to read:

"(4) one member to represent the State Development Board the Secretary of the Department of Commerce and Economic Development or his designee."

SECTION 310. Section 44-96-140(E) of the 1976 Code is amended to read:

"(E) Not later than six months after this chapter is effective, and annually thereafter, the Department of Highways and Public Transportation shall submit a report to the Governor and to the General Assembly on the use of:
(1) compost as a substitute for regular soil amendment products in all highway projects;
(2) solid waste including, but not limited to, ground rubber from tires and fly ash or mixtures of them from coal-fired electrical facilities in road surfacing of subbase materials;
(3) solid waste including, but not limited to, glass aggregate, plastic, and fly ash in asphalt or concrete; and
(4) recycled mixed-plastic materials for guard rail posts, right-of-way fence posts, and sign supports."

SECTION 311. Subsection (O)(8) of Section 44-96-170 of the 1976 Code is amended to read:

"(8) the South Carolina Department of Wildlife, and Marine Resources Marine and Natural Resources;"

SECTION 312. Section 44-96-70 of the 1976 Code is repealed.

SECTION 313. Section 46-13-60(2)(c) of the 1976 Code is amended to read:

"(c) If the deputy director finds the applicant qualified to use and supervise the use of pesticides in the classifications he has applied for, and if an applicant applying for a commercial applicator license files the evidence of financial responsibility required under Section 46-13-100, and if the applicant applying for a license to engage in aerial application of pesticides has met all of the requirements of the Federal Aviation Agency, the Aeronautics Commission Division of the Department of Transportation for of the State, and any other applicable federal or state laws or regulations to operate the equipment described in the application, the deputy director shall issue a pesticide applicator's license limited to the classifications for which he is qualified, which shall expire at the end of the calendar year of issue unless it has been revoked or suspended prior thereto by the deputy director for cause. The deputy director may limit the license of the applicant to the use of certain areas, or to certain types of equipment if the applicant is only so qualified."

SECTION 314. Section 46-13-150 of the 1976 Code is amended to read:

"Section 46-13-150. There is created a pesticide advisory committee consisting of five licensed commercial applicators residing in the State, one of whom must be licensed to operate horticultural ground equipment, one must be licensed to operate agricultural ground equipment, one must be licensed to operate aerial equipment, and two must be licensed for structural pest control; one entomologist in public service; one toxicologist in public service; one herbicide specialist in public service; two members from the agrichemical industry, one of whom must be a pesticide dealer; two producers of agricultural crops or products on which pesticides are applied or which may be affected by the application of pesticides; one representative of the South Carolina Wildlife and Marine Resources Department of Wildlife, Marine and Natural Resources; one plant pathologist in public service; one representative of the South Carolina State Forestry Commission Forestry Division of the Department of Wildlife, Marine and Natural Resources; one representative of the South Carolina Department of Agriculture; one representative of the South Carolina Department of Health and Environmental Control; and two citizens from the State at large. The members must be residents of this State and must be appointed by the Governor on the recommendation of the following organizations:

(1) The South Carolina Aerial Applicators' Association shall recommend the pesticide applicator licensed to operate aerial equipment.

(2) The South Carolina Pest Control Operator's Association shall recommend the pesticide applicator licensed to operate horticultural ground equipment and two pesticide applicators licensed for structural pest control.

(3) The Vice President and Vice Provost of Agriculture and Natural Resources of Clemson University shall recommend the herbicide specialist in public service, the entomologist in public service, and the plant pathologist in public service.

(4) The members of the South Carolina Fertilizer and Agrichemical Association shall recommend the member from the agrichemical industry and the pesticide dealer.

(5) The South Carolina Farm Bureau shall recommend the two producers of agricultural crops or products on which pesticides are applied or which may be affected by the application of pesticides, and the commercial applicator licensed to operate agricultural ground equipment.

(6) The Executive Director of the South Carolina Wildlife and Marine Resources Department of Wildlife, Marine and Natural Resources shall recommend the member from the South Carolina Wildlife and Marine Resources Department of Wildlife, Marine and Natural Resources and the member from the Forestry Division of the department.

(7) The State Forester shall recommend the member from the South Carolina State Forestry Commission.

(8) (7) The Commissioner of Agriculture shall recommend the member from the South Carolina Department of Agriculture.

(9) (8) The Commissioner of the Department of Health and Environmental Control shall recommend the member from that department.

(10) (9) The administrator of the Department of Consumer Affairs shall recommend the two citizens at large.

Such members shall be appointed for terms of four years and may be appointed for successive terms; provided, that at the inception of this chapter the pesticide applicator licensed to operate aerial equipment, the entomologist in public service, the herbicide specialist, one of the two producers of agricultural crops, and the representative from the South Carolina Department of Agriculture shall be appointed for two years; the pesticide applicator licensed for structural pest control, one of the two pesticide applicators licensed to operate ground equipment, one of the two producers of agricultural crops, the pesticide dealer representing the South Carolina Pesticide Association, and the plant pathologist in public service shall be appointed for a period of three years; one of the two pesticide applicators licensed to operate ground equipment, the toxicologist in public service, the member of the agrichemical industry representing the South Carolina Pesticide Association, the representative of the South Carolina Wildlife and Marine Resources Department of Wildlife, Marine and Natural Resources, the representative from the South Carolina Commission of Forestry Division of the Department of Wildlife, Marine and Natural Resources and the representative from the Department of Health and Environmental Control shall be appointed for a period of four years. All subsequent terms for appointment to such committee shall be for a period of four years.

The appointing organizations shall have the authority to recommend the removal of the appointees prior to the expiration of their term of appointment for cause.

Upon the death, resignation, or removal for cause of any member of the Committee committee, such vacancy shall be filled within thirty days of its creation for the remainder of its term in the manner herein prescribed for appointment to the Committee committee.

The Committee committee shall elect one of its members chairman. The members of the Committee committee shall meet at such time and at such place as shall be specified by the call of the Director, Chairman, or a majority of the Committee committee.

The Committee committee shall advise the Director on any or all problems relating to the use and application of pesticides. This may include pest control problems, environmental or health problems related to pesticide use, and review of needed legislation, regulations and agency programs."

SECTION 315. Section 46-51-20 of the 1976 Code is amended to read:

"Section 46-51-20. Within ninety days after the creation of the office the facilitator shall meet with the commissioner of the Department of Health and Environmental Control, the executive director of the South Carolina Coastal Council Coastal Division of the Department of Wildlife, Marine and Natural Resources, the executive director of the Water Resources Commission Division of the Department of Wildlife, Marine and Natural Resources, the executive director of the Wildlife and Marine Resources Department of Wildlife, Marine and Natural Resources, and the executive director of the State Budget and Control Board to establish one application form which must be used by all the permitting agencies when a potential aquaculturist is seeking permits, licenses, and certifications to begin an aquaculture operation. The permit facilitator shall recognize the value and integrity of the permitting programs of each of the state's regulatory agencies listed above and seek to maintain the division of authority."

SECTION 316. Section 47-3-310 of the 1976 Code is amended to read:

"Section 47-3-310. On game management areas, state-owned property and property of private landowners and leaseholders, at the request of such landowners and leaseholders, specially trained conservation officers of the Wildlife and Marine Resources Department enforcement officers of the Natural Resources Enforcement Division of the Department of Wildlife, Marine and Natural Resources may enter on such areas and property for the purpose of investigating dogs running at large on the property. If the dogs are determined to be feral dogs (a dog which has reverted to a wild state) and are a threat to the lives or health of livestock, wildlife or humans, the conservation officers may remove the feral dog from the property or dispose of it in the most humane manner as determined by the Department department."

SECTION 317. Section 47-3-420 of the 1976 Code is amended to read:

"Section 47-3-420. Only the following methods of euthanasia shall be used to kill dogs and cats impounded in animal shelters and the procedure applicable to the method selected shall be strictly followed:

1. Barbituric Acid Derivatives:

(a) Intravenous or intracardial injection of a lethal solution,

(b) Intraperitoneal injection of a lethal solution when location of an injection into the vein is difficult or impossible,

(c) Oral ingestion of powdered barbituric acid derivatives in capsules mixed with food or by manual administration.

2. Euthanasia Solution T-61 or other therapeutically equivalent solution approved for animal euthanasia by the American Veterinary Medicine Association and the Food and Drug Administration: Intravenous or intracardial injection of these solutions specifically according to the directions of the manufacturers for intravenous and intracardial injections. The solutions shall not be administered via intraperitoneal, intrathoracic, or intrapulmonary routes, nor in any other manner except as provided above. Administration of injections shall be done only by a licensed veterinarian or by a person trained for this purpose by a licensed veterinarian. All injections shall be administered using an undamaged hypodermic needle of a size suitable for the size and species of animal.

3. Carbon Monoxide Gas: Dogs and cats, except animals under eight weeks of age, may be killed by carbon monoxide gas administered in a tightly enclosed chamber. The chamber shall be equipped with:

(a) Internal lighting and a window providing direct visual surveillance of the collapse and death of any animal within the chamber.

(b) The gas concentration process must be adequate to achieve a carbon monoxide gas concentration throughout the chamber of at least five percent within five minutes after any animal is placed in the chamber. If chemical generation through the use of sodium formate and sulfuric acid is used, the generated carbon monoxide gas must have all irritating acid vapors filtered out by passing it through a ten percent solution of sodium hydroxide prior to its entry into the carbon monoxide chamber.

(c) If carbon monoxide gas generation is by combustion of gasoline in an engine, all of the following shall be satisfied:

(1) The engine shall be maintained in good operating condition.

(2) The engine shall be operated only at idling speed with the richest fuel-air mixture the choke permits.

(3) Prior to entry into the chamber, the exhaust gas shall be cooled so that it does not exceed 115 Fahrenheit.

(4) The chamber shall be equipped with accurate temperature gauges monitored closely by attendants or shall be equipped with an alarm system to assure that the internal temperature of the chamber does not exceed 90° Fahrenheit.

(5) Prior to entry into the chamber, the exhaust gas shall be first passed through an adequate water-gravel filtration process and subsequently through a cloth filtration process to remove irritants and carbon particles.

(6) The noise level from the engine shall not exceed 70 dBA when measured within the chamber.

(7) A flexible tubing or pipe at least twenty-four inches in length shall be placed between the chamber and the engine to minimize vibrations.

(8) The unit shall include a means for exhausting or bypassing internal combustion engine gas during the period of engine warm-up.

(9) The unit shall include an exhaust fan connected by a gas-tight duct to the outdoors capable of completely evacuating the gas from the chamber before it is opened after each use, except that this provision shall not apply to chambers located out-of-doors.

(d) Animals shall be left in the chamber for a period of no less than fifteen minutes from the time the gas concentration throughout the chamber reaches five percent.

4. Nitrogen Gas: Dogs and cats, except animals under four months of age may be killed by nitrogen gas provided:

(a) The nitrogen gas cabinet is equipped with a viewport providing direct visual surveillance of the collapse and death of any animal within the cabinet, and internal lighting unless the cabinet is equipped with a clear door.

(b) Every animal is placed in an individual container or compartment of the cabinet.

(c) The oxygen concentration within the cabinet is reduced to 1.5 percent or less by displacing air within the cabinet with nitrogen.

(d) The 1.5 percent reduction in oxygen concentration is reached within 45-50 seconds after the beginning of the cycle of operation and the animals are left within the cabinet at that concentration not less than ten minutes.

(e) Pregnant animals are left in the cabinet not less than twenty minutes.

In all instances where the carbon monoxide and nitrogen chambers are used:

(a) Neither incompatible or hostile animals, nor animals of different species shall be placed in any chamber simultaneously.

(b) Every chamber must be thoroughly cleaned after the completion of each full cycle. No live animals shall be placed in the chamber with dead animals.

(c) All animals must be examined by a veterinarian or other qualified person to insure ensure they are dead upon removal from chamber.

(d) All chambers shall be inspected quarterly by an independent qualified technician who is thoroughly knowledgeable with the operation and maintenance of the particular euthanasia chamber being used.

(e) An operational guide and maintenance instructions shall be displayed in the room with the euthanasia chamber.

5. Shooting: Shooting shall be used as a means of euthanasia only in an emergency situation to prevent extreme suffering or in which the safety of people or other animal life is threatened or where it is deemed necessary by the South Carolina Wildlife and Marine Resources Department of Wildlife, Marine and Natural Resources to eliminate or control the population of feral animals.

6. Inhalent Anesthetics: The animal to be killed shall be less than eight weeks old.

(a) The animal to be killed shall be placed in a cage. The cage shall be placed in an airtight chamber or in a transparent plastic bag which can be tightly sealed following introduction of the inhalent anesthetic.

(b) When using ether, halothane, fluothane, halocarbon, metofane or penthrane a veterinarian shall be consulted as to the amount of inhalent anesthetic to be used in relation to the size of the container. When using chloroform a two percent concentration within the chamber is required. To obtain a two percent concentration use a formula of 1.9 cubic centimeters (.068 ounce) per cubic foot of air space within the container or chamber.

(c) The inhalent inhalant anesthetic shall be placed on a piece of gauze or ball of cotton and inserted into the chamber or bag in such a position that the animal shall not be able to come in direct contact with it.

(d) The lid of the chamber or the top of the plastic bag shall be left open until the animal is anesthetized. When no movement is seen, the container shall be tightly sealed.

(e) The animal shall remain in the chamber or bag for a period of not less than twenty minutes.

(f) The room in which the inhalent anesthetic is administered shall have forced ventilation to remove all fumes after each use.

(g) The animal shall remain in the chamber or bag until rigor mortis has occurred.

SECTION 318. Section 47-3-510 of the 1976 Code is amended to read:

"Section 47-3-510. The owner of any dog or kennel may, upon payment of a fee to be determined by the South Carolina Wildlife and Marine Resources Department of Wildlife, Marine and Natural Resources (department), not to exceed five dollars a dog or twenty dollars a kennel, have his dog registered by the department and the registration number tattooed in either of the dog's ears or on any other clearly visible part of the body that would be considered most suitable for the respective species of dog. The department shall maintain records of the names and addresses of the owners of registered kennels."

SECTION 319. Section 47-3-550 of the 1976 Code is amended to read:

"Section 47-3-550. The South Carolina Wildlife and Marine Resources Department of Wildlife, Marine and Natural Resources may promulgate regulations to carry out the provisions of this chapter."

SECTION 320. Section 47-5-30 of the 1976 Code is amended to read:

"Section 47-5-30. The Department of Health and Environmental Control may employ a licensed doctor of veterinary medicine to serve as public health veterinarian of the Department of Health and Environmental Control. He shall aid county health departments and rabies control officers in the administration and enforcement of the provisions of this chapter, including the supervision of forms of certificates and tags to effectuate the inoculation program herein provided. He shall aid in the preparation of literature describing the symptoms of rabies and preventive measures to be taken against the spread of rabies, such information to be distributed to pet owners at the time of inoculation of animals, and shall otherwise promote efficiency in the program of inoculation and rabies control herein provided. In addition to the above, he shall aid administratively in the prevention and control of all diseases communicable from animal to man which may become prevalent in this State and in combatting such disease, in cooperation with the Wildlife and Freshwater
Fish Division of Game of the South Carolina Wildlife and Marine Resources Department of Wildlife, Marine and Natural Resources, the extension service of Clemson University and any other State state or Federal federal agencies engaged in similar efforts to combat diseases communicable from animal to man."

SECTION 321. Section 47-5-130 of the 1976 Code is amended to read:

"Section 47-5-130. It shall be unlawful for any owner of any pet which has not been inoculated, as required by Section 47-5-60, to allow it to run at large. The county health department may capture and impound any such pet found running at large and dispose of such animal by sale or a humane form of execution, if such animal remains unclaimed for three days. Such power to impound and dispose of animals shall extend to apply to any and all animals unclaimed and found or suspected to be affected by rabies, whether wild or domestic, and the Wildlife and Freshwater Fish Division of Game of the South Carolina Wildlife and Marine Resources Department of Wildlife, Marine and Natural Resources and the livestock and poultry health department of Clemson University shall cooperate with and aid the Department of Health and Environmental Control and the county health departments in the enforcement of this provision as affects animals found or suspected to be affected by rabies when such animals are in their care, jurisdiction or control."

SECTION 322. Title 48 of the 1976 Code is amended by adding:

Section 48-2-10. The South Carolina Department of Wildlife, Marine and Natural Resources is created to administer and enforce the laws of this State relating to wildlife, marine and natural resources and other laws specifically assigned to it. The department shall be comprised of a Forestry Division, a Natural Resources Enforcement Division, a Wildlife and Freshwater Fish Division, a Marine Resources Division, a Water Resources Division, a Land Resources and Conservation Districts Division, a Coastal Division, and a State Geologist and Geological Mapping Division. Each division of the department shall have such functions and powers as provided by law.

All functions, powers, and duties provided by law to the South Carolina State Forestry Commission, the South Carolina Wildlife and Marine Resources Department, the South Carolina Water Resources Commission, the State Land Resources Conservation Commission, the South Carolina Coastal Council, the Geological Mapping Division of the Budget and Control Board, to include the State Geologist, and the South Carolina Migratory Committee are hereby transferred to the Department of Wildlife, Marine and Natural Resources. All rules, regulations, standards, orders, or other actions of these entities shall remain in effect unless specifically changed or voided by the department in accordance with the Administrative Procedures Act.

Section 48-2-20. For the purposes of this chapter:

(1) `Commission' means the governing body of the department.

(2) `Department' means the South Carolina Department of Wildlife, Marine and Natural Resources.

(3) `Executive Director' means the administrative head of the department, appointed by the commission.

Section 48-2-30. The department shall be governed by a commission consisting of three full-time commissioners appointed by the Governor upon the advice and consent of the Senate. 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 the 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. Commissioners must possess sound moral character, superior knowledge in the fields of wildlife, marine, and natural resource management, and proven administrative ability.

Terms of the members shall be for four years and until their successors are appointed and qualify, except that of the original appointees, one shall be appointed for a period of two years, one shall be appointed for a period of three years, and one shall be appointed for a term of four years. If a vacancy occurs when the General Assembly is not in session, it must be filled by the Governor's appointment for the unexpired term, subject to confirmation by the Senate at the next session of the General Assembly.

Each commissioner, within thirty days after notice of appointment and before taking office, shall take and file with the Secretary of State the oath of office prescribed by the State Constitution.

One of the members of the commission shall be designated by the Governor to serve as chairman.

Section 48-2-40. (A) The commissioners shall receive an annual salary set by the General Assembly and reimbursement for their expenses incurred while engaged in the work of the commission in the same manner as other state officers.

(B) No member of the commission may:

(1) engage in any occupation or business interfering with or inconsistent with his duties;

(2) serve on or under a committee of a political party; or

(3) contribute, directly or indirectly, money or anything of value in support of a candidate for office or to a political organization.

Section 48-2-50. The commission shall be vested with the duty and authority to oversee, manage, and control the operation, administration, and organization of the department subject only to the laws of this state and the United States.

Section 48-2-60. The commission may appoint an executive officer to serve at its pleasure who shall be the administrative head of the department. For the initial appointment and upon any vacancy of the position, the commission shall convene a blue-ribbon panel to assist the commission in a nationwide search and selection process for appointment of a new executive director. Members shall not receive compensation for service on this panel but shall receive per diem, mileage, and reimbursement for other qualified expenses. The panel shall include one member of the House of Representatives, to be appointed by the Speaker of the House; one member of the Senate, to be appointed by the President Pro Tempore of the Senate; one member of the commission, to be elected by the commission, and one member knowledgeable in the field of natural resource management, to be appointed by the Governor. The final decision on hiring or appointing a new executive director remains the responsibility of the commission. The panel shall dissolve upon making its recommendation to the commission.

The executive director must carry out the policies of the commission and administer the affairs of the department. He may exercise all powers belonging to the commission within the guidelines and policies established by the commission. The commission may grant the executive director the authority to employ division directors and other personnel he considers necessary and for which funds have been authorized in the annual general appropriation act. Division directors serve at the pleasure of the commission.

Section 48-2-70. The commission shall:

(1) hold meetings, as considered necessary by the chairman, with a majority of the commissioners constituting a quorum. The commission may hold meetings, transact business, or conduct investigations at any place necessary; however, its primary office is in Columbia;

(2) formulate and recommend legislation to enhance uniformity, enforcement, and administration of the wildlife, marine, and natural resource laws;

(3) make an annual report to the General Assembly on all matters relating to its action;

(4) hire all necessary personnel, and assign to them duties and powers as the commission prescribes;

(5) require those of its officers, agents, and employees it designates to give bond for the faithful performance of their duties in the sum and with the sureties it determines, and all premiums on the bonds must be paid by the commission;

(6) pay travel expenses; and purchase or lease all necessary facilities, equipment, books, periodicals, and supplies for the performance of its duties;

(7) appoint a hearing officer to hold and conduct hearings, issue subpoenas, administer oaths, and take testimony thereunder for contested cases; and

(8) exercise and perform other powers and duties as granted to it or imposed upon it by law.

Section 48-2-80. The commission may:

(1) make rules and promulgate regulations, not inconsistent with law, to aid in the performance of its duties. In promulgating rules and regulations, the commission must consult with the advisory committee of the division for which the rules and regulations shall apply. The commission may prescribe the extent, if any, to which these rules and regulations must be applied without retroactive effect.

Section 48-2-90. (A) The commission may hold and conduct hearings, issue subpoenas requiring the attendance of witnesses and the production or records, memoranda, papers and other documents for consideration on any matters which the commission has authority to investigate or determine.

Section 48-2-100. (A) The commission, in consultation with the South Carolina Attorney General, shall annually develop a list of attorneys who are qualified to act as hearing officers. In order to be considered qualified to act as a hearing officer, a person:

(1) must be licensed to practice law in this State;

(2) must have been licensed to practice law for at least three years;

(3) must have knowledge of and experience with the South Carolina Administrative Procedures Act;

(4) must have knowledge of and experience with the laws and regulations governing wildlife, marine, and natural resources;

(5) must have trial experience; and

(6) must meet other qualifications the commission and the Attorney General determine are necessary for the proper administration of the laws and regulations relating to wildlife, marine, and natural resources.

(B) To the extent possible, the list must include attorneys from all areas of the State. Hearing officers must be appointed from the list on a rotational basis to hear cases in the region in which their law office or offices are located. If all hearing officers included on the list from a region are prohibited from serving as hearing officers pursuant to Section 48-2-120, a hearing officer from another region must be appointed.

(C) Hearing officers must be paid an hourly rate approved by the Attorney General and must be reimbursed for actual and reasonable travel expenses incurred in the performance of their duties as hearing officers.

(D) Attorneys who are included in the list of persons eligible to be hearing officers may not represent another person on matters relating to wildlife, marine, or natural resources before the commission or its hearing officers. An attorney whose name was formerly included on the list of persons eligible to be hearing officers may not represent another person on matters relating to wildlife, marine, or natural resources before the commission or its hearing officers for a period of one year after the attorney's name is removed from the list.

(E) The Attorney General is authorized to provide necessary training at cost to attorneys who request to be certified for the purposes of this section as having knowledge of and experience with the Administrative Procedures Act and the laws and regulations governing wildlife, marine, and natural resources.

Section 48-2-110. After conducting a hearing, the hearing officer must make a written report to the commission to include findings of fact, conclusions of law, discussion if appropriate, and a recommendation for a decision. Any recommendation of a hearing officer to the commission, may be appealed to the commission. Notice of such appeal must be served on the commission within ten days after receipt of notification of a recommendation.

If an appeal is made to the commission, the commission shall review the recommendation of the hearing officer and, if good grounds be shown therefor, reconsider the evidence, receive further evidence, rehear the parties or their representatives and, if proper, amend the recommendation.

A recommendation of the hearing officer, if not reviewed in due time, or a decision of the commission upon such review is conclusive and binding as to all questions of fact.

An appeal from a decision of the commission or an appeal of errors of law made by the commission may be made within thirty days after receipt of notification of a decision to the court of common pleas for the county of the appellant's residence under the same terms and conditions as govern appeals in ordinary civil actions. Notice of appeal must state the grounds of the appeal or the alleged errors of law.

Section 48-2-120. If a hearing officer determines he has a conflict of interest pursuant to Canon 3, Rule 501(C) and (D), South Carolina Appellate Court Rules, he must disqualify himself from the proceeding. Upon a determination by a hearing officer that no conflict of interest exists, the person involved in the proceeding or his representative may request the full commission to make a determination as to whether or not the hearing officer must disqualify himself. Upon such request, the proceeding shall be stayed. The commission must make this determination pursuant to Canon 3, Rule 501 (C) and (D) and notify all parties involved within three days of the request. Upon determination of a conflict, the commission may designate another hearing officer to hear the matter."

SECTION 323. Chapter 9 of Title 48 of the 1976 Code is amended by adding:

"Section 48-9-15. As used in this chapter:

(1) "Department" means Department of Wildlife, Marine and Natural Resources.

(2) "Division" means Land Resources and Conservation Districts Division."

SECTION 324. Section 48-9-30(3) of the 1976 Code is amended to read:

"(3) "Commission" or "State Land Resources Conservation Commission" means the agency created in Section 48-9-210 "Division" means the Land Resources and Conservation Districts Division of the Department of Wildlife, Marine and Natural Resources;"

SECTION 325. Section 48-9-40 of the 1976 Code is amended to read:

Section 48-9-40. The name of the State Soil and Water Conservation Commission is hereby changed to the State Land Resources Conservation Commission Department of Wildlife, Marine and Natural Resources.

SECTION 326. Chapter 9 of Title 48 of the 1976 Code is amended by adding:

Section 48-9-45. The Land Resources and Conservation Districts Division,shall be directly accountable to and subject to the director of the department.

SECTION 327. Section 48-9-60 of the 1976 Code is amended to read:

"Section 48-9-60. At any hearing pursuant to due notice, at the time and place designated in such notice, adjournment may be made from time to time without the necessity of renewing such notice for such adjourned dates."

SECTION 328. Section 48-9-210 of the 1976 Code is amended to read:

"Section 48-9-210. (A) There is established, to serve as an agency of the State and to perform the functions conferred upon it in this chapter, the State Land Resources Conservation Commission Advisory Committee, which shall hereinafter be referred to as the Advisory Committee. The members of the Commission committee shall be five commissioners advisory members of soil conservation districts, one from each of the five areas created by Section 48-9-220. They shall be appointed by the Governor on the recommendation of the executive committee of the South Carolina Association of Soil and Water Conservation District Commissioners. The members shall serve for four years, except that the first members from Areas 1 and 3 shall serve through December 31, 1952, the first Commission member advisory member from Areas 2 and 4 shall serve through December 31, 1953 and the first Commission member advisory member from Area 5 shall serve through December 31, 1954.

In case of the death or resignation of a commissioner advisory member, his successor shall be appointed in the same manner and from the same area of the State as the deceased or resigned member, the appointment to fill the unexpired term of the Commission member advisory member who resigned or is deceased.

A Commission An advisory committee member shall not succeed himself after he has served one full four-year term.

(B) No standards, rules, or regulations pertaining to land resources shall be adopted, modified, promulgated, or repealed by the department except after consultation with the Advisory Committee.

(C) The State Land Resources and Conservation Commission shall hereby be changed to the State Land Resources and Conservation Advisory Committee."

SECTION 329. Section 48-9-220 of the 1976 Code is amended to read:

"Section 48-9-220. For the purpose of selecting the five soil and water conservation district commissioners advisory members to serve as members of the State Land Resources Conservation Commission State Land Resources and Conservation Advisory Committee, the State is divided into five areas, to wit: (1) Area 1, the counties of Abbeville, Anderson, Cherokee, Greenville, Laurens, Oconee, Pickens, Spartanburg and Union; (2) Area 2, the counties of Aiken, Calhoun, Edgefield, Greenwood, Lexington, McCormick, Newberry, Richland and Saluda; (3) Area 3, the counties of Chester, Chesterfield, Darlington, Fairfield, Kershaw, Lancaster, Lee, Marlboro and York; (4) Area 4, the counties of Berkeley, Clarendon, Dillon, Florence, Georgetown, Horry, Marion, Sumter and Williamsburg; and (5) Area 5, the counties of Allendale, Bamberg, Barnwell, Beaufort, Charleston, Colleton, Dorchester, Hampton, Jasper and Orangeburg."

SECTION 330. Section 48-9-230 of the 1976 Code is amended to read:

"Section 48-9-230. The following shall also serve ex officio in an advisory capacity to the State Land Resources and Conservation Commission Districts Division of the Department of Wildlife, Marine and Natural Resources: The Director of the State Agricultural Extension Service, the Director of the South Carolina Agricultural Experiment Station, the president of Clemson University, the State Forester, the State Supervisor of the State Department of Vocational Agriculture, the Director of the Division of Game of the South Carolina Wildlife and Marine Resources Department, the Director of the State Development Board Secretary of the Department of Commmerce and Economic Development, the Commissioner of Agriculture and, with the concurrence of the Secretary of the United States Department of Agriculture, the State Conservationist of the Soil and Water Conservation Service, the chairman of the Purchasing and Marketing Administration State Committee and the Director of the Farmers' Home Administration."

SECTION 331. Section 48-9-240 of the 1976 Code is amended to read:

"Section 48-9-240. The Governor shall name the chairman of the Commission State Land Resources and Conservation Advisory Committee. A majority of the Commission committee shall constitute a quorum and the concurrence of a majority in any matter within their duties shall be required for its determination."

SECTION 332. Section 48-9-250 of the 1976 Code is amended to read:

"Section 48-9-250. The members of the Commission Advisory Committee shall receive no compensation for their services on the Commission Advisory Committee but shall be entitled to expenses, including traveling expenses, necessarily incurred in the discharge of their duties on the Commission committee."

SECTION 333. Section 48-9-260 of the 1976 Code is amended to read:

"Section 48-9-260. The State Land Resources Conservation Commission Land Resources and Conservation Districts Division under the auspices of the Department of Wildlife, Marine and Natural Resources may employ an administrative officer and such technical experts and other agents and employees, permanent and temporary, as it may require and shall determine their qualifications, duties and compensation. The Commission division may call upon the Attorney General for such legal services as it may require or may employ its own counsel and legal staff."

SECTION 334. Section 48-9-270 of the 1976 Code is amended to read:

"Section 48-9-270. The Commission Department of Wildlife, Marine and Natural Resources shall adopt a seal which shall be judicially noticed and may perform such acts, hold such public hearings and promulgate such rules and regulations as may be necessary for the execution of its functions under this chapter."

SECTION 335. Section 48-9-280 of the 1976 Code is amended to read:

"Section 48-9-280. The Commission Department of Wildlife, Marine and Natural Resources shall provide for the execution of surety bonds for all employees and officers who shall be entrusted with funds or property, shall provide for the keeping of a full and accurate record of all its proceedings and activities and of all resolutions, regulations and orders issued or adopted and shall provide for an annual audit of the accounts of receipts and disbursements."

SECTION 336. Section 48-9-290 of the 1976 Code is amended to read:

"Section 48-9-290. In addition to the duties and powers otherwise conferred upon the State Land Resources Conservation Commission Department of Wildlife, Marine and Natural Resources, it shall have the following duties and powers:

(1) To offer such assistance as may be appropriate to the commissioners of soil and water conservation districts, organized as provided in this chapter, in the carrying out of any of their powers and programs;

(2) To keep the commissioners of each of the several districts organized under the provisions of this chapter informed of the activities and experience of all other districts organized under this chapter and to facilitate an interchange of advice and experience between such districts and cooperation between them;

(3) To coordinate the programs of the several soil and water conservation districts organized under this chapter so far as this may be done by advice and consultation;

(4) To secure the cooperation and assistance of the United States and any of its agencies and of agencies and counties of this State, in the work of such districts;

(5) To disseminate information throughout the State concerning the activities and programs of the soil and water conservation districts organized hereunder and to encourage the information of such districts in areas where their organization is desirable;

(6) To receive gifts, appropriations, materials, equipment, lands and facilities and to manage, operate and disburse them for the benefit of the soil and water conservation districts;

(7) To coordinate the development of comprehensive conservation plans for environmental improvement on all lands owned or controlled by the State;

(8) To coordinate the development of a statewide landscape inventory and formulate guidelines for assisting local conservation districts, municipalities, counties, and other groups in implementing landscape and beautification programs;

(9) To coordinate the development of a comprehensive plan for implementation of the standard soil survey information and to prepare guidelines for local conservation districts, counties, municipalities and other agencies of State and local government in the use of soil survey data for land use planning, development and conservation;

(10) To coordinate the development of a statewide flood plain lands area inventory and to formulate guidelines for the conservation, protection and use of flood plain lands, excluding tidelands and marshlands;

(11) To coordinate and assist local conservation districts, counties, and municipalities in developing policies and procedures for an adequate erosion and sediment control program; and engage in an educational informational program to acquaint municipalities, conservation districts, counties, and developers with sedimentation control management measures applicable to their activities, and familiarize these people with the program of the district;

(12) To coordinate the development of a statewide irrigable land inventory and to formulate guidelines for the conservation, protection and use of such lands;

(13) To coordinate the development of a statewide inventory of the availability of rural lands for recreational uses, and to formulate guidelines for the conservation, protection and use of such lands; and

(14) To coordinate the development of conservation guidelines for incorporation into local and statewide land use plans."

SECTION 337. Section 48-9-300 of the 1976 Code is amended to read:

"Section 48-9-300. The Commission department may delegate to one or more of its members or to one or more agents or employees such powers and duties as it may deem proper and it may furnish information as well as call upon any or all State or local agencies for cooperation in carrying out the provisions of this chapter."

SECTION 338. Section 48-9-310 of the 1976 Code is amended to read:

"Section 48-9-310. On or before the first day of November, annually, the Commission department shall transmit to the Governor, on official blanks to be furnished by him, an estimate, in itemized form, showing the amount of expenditure requirements for the ensuing fiscal year. The estimates submitted shall state, in addition to the requirements of existing law, the following information:

(1) The number and acreage of districts in existence or in process of organization, together with an estimate of the number and probable acreages of the districts which may be organized during the ensuing fiscal year;

(2) A statement of the balance of funds, if any, available to the Commission department and to the districts; and

(3) The estimates of the Commission departmnet as to the sums needed for its administrative and other expenses and for allocation among the several districts during the ensuing fiscal year.

The Commission department may require the commissioners of the respective soil and water conservation districts to submit to it such statements, estimates, budgets and other information as it may deem necessary for the purposes of this section."

SECTION 339. Section 48-9-320 of the 1976 Code is amended to read:

"Section 48-9-320. Unless otherwise provided by law all moneys which may from time to time be appropriated out of the State Treasury for the use of soil and water conservation districts shall be available to pay the administrative and other expenses of such districts and shall be allocated by the Commission department among the districts already organized and to be organized during the fiscal year for which such appropriation is made. Such allocation shall be fair, reasonable and in the public interest, giving due consideration to the greater relative expense of carrying on operations within the particular districts because of such factors as unusual topography, unusual severity of erosion, special difficulty of carrying on operations, special volume of work to be done and the special importance of instituting erosion control and soil and water conservation operations immediately. In making allocations of such moneys, the Commission department shall reserve an amount estimated by it to be adequate to enable it to make subsequent allocations in accordance with the provisions of this section from time to time among districts which may be organized within the current fiscal year after the initial allocations are made. All appropriations made for the purpose of this chapter shall be disbursed by the State Treasurer on warrants approved and signed by the Commission department."

SECTION 340. Article 5 of Chapter 9 of Title 48 is amended to read:

Section 48-9-510. Any twenty-five owners of land lying within the limits of territory proposed to be organized into a soil and water conservation district may file a petition with the State Land Resources Conservation Commission department asking that a soil and water conservation district be organized to function in the territory described in the petition.

Section 48-9-520. Any such petition shall set forth:

(1) The proposed name of the district;

(2) That there is need, in the interest of the public health, safety and welfare, for a soil and water conservation district to function in the territory described in the petition;

(3) A description of the territory proposed to be organized as a district, which shall not be required to be given by metes and bounds or by legal subdivisions but shall be deemed sufficient if generally accurate; and

(4) Requests (a) that the State Land Resources Conservation Commission department duly define the boundaries for the district, (b) that a referendum be held within the territory so defined on the question of the creation of a soil and water conservation district in such territory and (c) that the Commission department determine that such a district be created.

Section 48-9-530. When more than one petition is filed covering parts of the same territory the State Land Resources Conservation Commission department may consolidate all or any of such petitions.

Section 48-9-540. Within thirty days after such a petition has been filed with the State Land Resources Conservation Commission department it shall cause due notice to be given of a proposed hearing upon the question of the desirability and necessity, in the interest of the public health, safety and welfare, of the creation of such district, upon the question of the appropriate boundaries to be assigned to such district, upon the propriety of the petition and other proceedings taken under this chapter and upon all questions relevant to such inquiries. All owners and occupiers of land within the limits of the territory described in the petition and of the lands within the limits of the territory considered for addition to such described territory and all other interested parties shall have the right to attend such hearings and to be heard. If it shall appear upon the hearing that it may be desirable to include within the proposed district territory outside of the area within which due notice of the hearing has been given, the hearing shall be adjourned and due notice of a further shall be given throughout the entire area considered for inclusion in the district and such further hearing held.

Section 48-9-550. If the Commission department shall determine after such hearing, after due consideration of the facts presented at such hearing and such other relevant facts and information as may be available, that there is no need for a soil and water conservation district to function in the territory considered at the hearing, it shall make and record such determination and shall deny the petition. After six months shall have expired from the date of the denial of any such petition, subsequent petitions covering the same or substantially the same territory may be filed as provided in Section 48-9-510 and new hearings held and determinations made thereon.

Section 48-9-560. After such hearing, if the Commission department shall determine, upon the facts presented at such hearing and upon such other relevant facts and information as may be available, that there is need, in the interest of the public health, safety and welfare, for a soil and water conservation district to function in the territory considered at the hearing, it shall make and record such determination and shall define, by metes and bounds or by legal subdivisions, the boundaries of such district. In making such determination and in defining such boundaries the Commission department shall give due weight and consideration to the topography of the area considered and of the State, the composition of soils therein, the distribution of erosion, the prevailing land-use practices, the desirability and necessity of including within the boundaries the particular lands under consideration and the benefits such lands may receive from being included within such boundaries, the relation of the proposed area to existing watersheds and agricultural regions and to other soil and water conservation districts already organized or proposed for organization under the provisions of this chapter and such other physical, geographical and economic factors as are relevant, having due regard to the legislative determinations set forth in Section 48-9-20. The territory to be included within such boundaries need not be contiguous.

Section 48-9-570. The boundaries of any such district shall include the territory as determined by the State Land Resources Conservation Commission department as provided in Section 48-9-560, but in no event shall they include any area included within the boundaries of another soil and water conservation district organized under the provisions of this chapter.

Section 48-9-580. After the Commission department has made and recorded a determination that there is need, in the interest of the public health, safety and welfare, for the organization of a district in a particular territory and has defined the boundaries thereof, it shall, within a reasonable time after entry of the finding that there is need for the organization of the proposed district and the determination of the boundaries thereof hold a referendum within the proposed district upon the proposition of the creation of the district and cause due notice of such referendum to be given. The question shall be submitted by ballots upon which the words "For creation of a soil and water conservation district of the lands below described and lying in the county(ies) of (and )" and "Against creation of a soil and water conservation district of the lands below described and lying in the county(ies) of (and )" shall appear with a square before each proposition and a direction to insert an X mark in the square before one or the other of said propositions as the voter may favor or oppose creation of such district. The ballot shall set forth the boundaries of such proposed district as determined by the Commission department. All owners of lands lying within the boundaries of the territory, as determined by the Commission department, shall be eligible to vote in such referendum. Only such landowners shall be eligible to vote.

Section 48-9-590. The Commission department shall pay all expenses for the issuance of such notices and the conduct of such hearings and referenda and shall supervise the conduct of such hearings and referenda. It shall issue appropriate regulations governing the conduct of such hearings and referenda and providing for the registration prior to the date of the referendum of all eligible voters or prescribing some other appropriate procedure for the determination of those eligible as voters in such referendum. No informalities in the conduct of such referendum or in any matters relating thereto shall invalidate the referendum or the result thereof if notice thereof shall have been given substantially as provided in Section 48-9-540 and such referendum shall have been fairly conducted.

Section 48-9-600. The Commission department shall publish the result of such referendum and shall thereafter consider and determine whether the operation of the district within the defined boundaries is administratively practicable and feasible. If the Commission department shall determine that the operation of such district is not administratively practicable and feasible it shall record such determination and deny the petition. If the Commission department shall determine that the operation of such district is administratively practicable and feasible it shall record such determination and shall proceed with the organization of the district in the manner provided in Sections 48-9-610 to 48-9-630. In making such determination the Commission department shall give due regard and weight to the attitudes of the owners and occupiers of lands lying within the defined boundaries, the number of landowners eligible to vote in such referendum who shall have voted, the proportion of the votes cast in such referendum in favor of the creation of the district to the total number of votes cast, the approximate wealth and income of the landowners and occupiers of the proposed district, the probable expense of carrying on erosion-control operations within such district and such other economic and social factors as may be relevant to such determination, having due regard to the legislative determinations set forth in Section 48-9-20. The Commission department shall not have authority to determine that the operation of the proposed district within the defined boundaries is administratively practicable and feasible unless at least a majority of the votes cast in the referendum upon the proposition of creation of the district shall have been cast in favor of the creation of such district.

Section 48-9-610. If the Commission department shall determine that the operation of the proposed district within the defined boundaries is administratively practicable and feasible it shall appoint two commissioners to act with the three commissioners elected as provided in Article 11 of this chapter as the governing body of the district.

Section 48-9-620. The two appointed commissioners shall present to the Secretary of State an application signed by them, which shall set forth (and such application need contain no detail other than the mere recitals) that:

(1) A petition for the creation of the district was filed with the State Land Resources Conservation Commission department pursuant to the provisions of this chapter and that the proceedings specified in this chapter were taken pursuant to such petition;

(2) The application is being filed in order to complete the organization of the district under this chapter and the Commission department has appointed the signers as commissioners;

(3) The name and official residence of each of the commissioners, together with a certified copy of the appointments evidencing their right to office;

(4) The term of office of each of the commissioners;

(5) The name which is proposed for the district; and

(6) The location of the principal office of the commissioners of the district.

The application shall be subscribed and sworn to by each of the commissioners before an officer authorized by the laws of this State to take and certify oaths, who shall certify upon the application that he personally knows the commissioners and knows them to be the officers as affirmed in the application and that each has subscribed thereto in the officer's presence. The application shall be accompanied by a statement by the State Land Resources Conservation Commission department which shall certify (and such statement need contain no detail other than the mere recitals) that a petition was filed, notice issued and hearing held as provided in Sections 48-9-510 and 48-9-540; that the Commission department did duly determine that there is need, in the interest of the public health, safety and welfare, for a soil and water conservation district to function in the proposed territory and did define the boundaries thereof; that notice was given and a referendum held on the question of the creation of such district and that the result of such referendum showed a majority of the votes cast in such referendum to be in favor of the creation of the district; and that thereafter the Commission department did duly determine that the operation of the proposed district is administratively practicable and feasible. Such statement shall set forth the boundaries of the district as defined by the Commission department.

Section 48-9-630. The Secretary of State shall examine the application and statement and, if he finds that the name proposed for the district is not identical with that of any other soil and water conservation district of this State or so nearly similar as to lead to confusion or uncertainty, he shall receive and file them and shall record them in an appropriate book of record in his office. If the Secretary of State shall find that the name proposed for the district is identical with that of any other soil and water conservation district of this State or so nearly similar as to lead to confusion and uncertainty, he shall certify such fact to the State Land Resources Conservation Commission department, which shall thereupon submit to the Secretary of State a new name for the district, which shall not be subject to such defects. Upon receipt of such new name, free of such defects, the Secretary of State shall record the application and statement, with the name so modified, in an appropriate book of record in his office. When the application and statement have been made, filed and recorded, as provided in Section 48-9-620 and this section, the district shall constitute a governmental subdivision of this State and a public body corporate and politic exercising public powers. The Secretary of State shall make and issue to the commissioners a certificate, under the seal of the State, of the due organization of the district and shall record such certificate with the application and statement.

Section 48-9-640. After six months shall have expired from the date of entry of a determination by the State Land Resources Conservation Commission department that the operation of a proposed district is not administratively practicable and feasible and a denial of a petition pursuant to such determination, subsequent petitions may be filed as provided in Section 48-9-510 and action taken thereon in accordance with the provisions of this chapter.

Section 48-9-650. In any suit, action or proceeding involving the validity or enforcement of, or relating to, any contract, proceeding or action of the district, the district shall be deemed to have been established in accordance with the provisions of this chapter upon proof of the issuance of the certificate by the Secretary of State as provided in Section 48-9-630. A copy of such certificate duly certified by the Secretary of State shall be admissible in evidence in any such suit, action or proceeding and shall be proof of the filing and contents thereof.

SECTION 341. Article 7 of Chapter 9 of Title 48 is amended to read:

Section 48-9-810. Petitions for including additional territory within an existing district may be filed with the State Land Resources Conservation Commission department and the proceedings provided for in Article 5 of this chapter in the case of petitions to organize a district shall be observed in the case of petitions for such inclusion. The Commission department shall prescribe the form for such petition, which shall be as nearly as may be in the form prescribed in Article 5 of this chapter for petitions to organize a district. When the total number of landowners in the area proposed for inclusion shall be less than twenty-five, the petition may be filed when signed by a majority of the landowners of such area and in such case no referendum need be held. In referenda upon petitions for such inclusion, all owners of land lying within the proposed additional area shall be eligible to vote.

Section 48-9-820. A portion of a soil and water conservation district, such portion being composed of one or more entire counties, may withdraw from such district and constitute itself a separate soil and water conservation district by the procedure set forth in this section and Sections 48-9-830 and 48-9-840. A petition signed by a majority of the members of the governing body of the soil and water conservation district or a petition signed by twenty-five landowners of the county or counties wishing to withdraw and constitute themselves a separate district may be filed with the State Land Resources Conservation Commission department asking that the subdivision be made and constitute a district. Such petition shall (a) set forth the name of the district, (b) describe the existing boundary lines of the district and boundary lines of the proposed district (subdivision) and (c) request that the Commission department hold a public hearing upon the question of the proposed subdivision and that the Commission department duly define the boundary lines as set out in the petition.

Section 48-9-830. Within thirty days after such a petition has been filed with the Commission department, it shall cause due notice to be given of a proposed hearing upon the question of the proposed subdivision. All occupiers of land lying within the proposed district and all other interested parties shall have the right to attend such hearing and to be heard.

Section 48-9-840. After such hearing the Commission department shall determine, upon the facts presented at such hearing and upon such other relevant facts and information as may be available, whether there is need in the interest of the public health, safety and welfare for the proposed subdivision and whether the operation of the districts within the proposed boundaries will be administratively practicable and feasible. In making such determination, the Commission department shall give due weight and consideration to the legislative determinations set forth in Section 48-9-20 and to the standards provided in Sections 48-9-560 and 48-9-600 for the guidance of the Commission department in making its determinations in connection with the organization of districts. If the Commission department determines that the proposed subdivision is not necessary in the interest of the public health, safety and welfare, or that the operation of the districts within the proposed boundaries would not be administratively practicable or feasible, it shall record such determination and deny the petition. If the Commission department shall determine in favor of the proposed subdivision, it shall record such determination and define the boundary lines between the districts and shall notify the chairman of the governing body of the district to be divided of its determination.

Section 48-9-850. The Commission department shall then proceed in accordance with Sections 48-9-610 to 48-9-630 to organize the subdivision into a district and to inform the Secretary of State of the change in the boundaries of the remaining district and to complete the organization of the governing body of the remaining district.

SECTION 342. Article 9 of Chapter 9 of Title 48 is amended to read:

Section 48-9-1010. At any time after five years after the organization of a district under the provisions of this chapter any twenty-five owners of land lying within the boundaries of such district may file a petition with the State Land Resources Conservation Commission department praying that the operations of the district be terminated and the existence of the district discontinued. The Commission department may conduct such public meetings and public hearings upon the petition as may be necessary to assist it in the consideration thereof.

Section 48-9-1020. Within sixty days after such a petition has been received by the Commission department it shall give due notice of the holding of a referendum and shall supervise such referendum and issue appropriate regulations governing the conduct thereof. The question shall be submitted by ballots upon which the words "For terminating the existence of the (name of the soil and water conservation district to be here inserted)" and "Against terminating the existence of the (name of the soil and water conservation district to be here inserted)" shall appear with a square before each proposition and a direction to insert an X mark in the square before one or the other of the propositions as the voter may favor or oppose discontinuance of such district. All owners of land lying within the boundaries of the district shall be eligible to vote in such referendum. Only such landowners shall be eligible to vote. No informalities in the conduct of such referendum or in the matters relating thereto shall invalidate the referendum or the result thereof if notice thereof shall have been given substantially as provided in this section and the referendum shall have been fairly conducted.

Section 48-9-1030. The Commission department shall publish the result of such referendum and shall thereafter consider and determine whether the continued operation of the district within the defined boundaries is administratively practicable and feasible. If the Commission department shall determine that the continued operation of such district is administratively practicable and feasible it shall record such determination and deny the petition. If the Commission department shall determine that the continued operation of such district is not administratively practicable and feasible it shall record such determination and shall certify such determination to the commissioners of the district. In making such determination the Commission department shall give due regard and weight to the attitude of the owners and occupiers of lands lying within the district, the number of landowners eligible to vote in such referendum who shall have voted, the proportion of the votes cast in such referendum in favor of the discontinuance of the district to the total number of votes cast, the approximate wealth and income of the landowners and occupiers of the district, the probable expense of carrying on erosion-control operations within the district and such economic and social factors as may be relevant to such determination, having due regard to the legislative findings set forth in Section 48-9-20. But the Commission department shall not have authority to determine that the continued operation of the district is administratively practicable and feasible unless at least a majority of the votes cast in the referendum shall have been cast in favor of the continuance of such district.

Section 48-9-1040. Upon receipt from the State Land Resources Conservation Commission department of a certification that the Commission department has determined that the continued operation of the district is not administratively practicable and feasible, pursuant to the provisions of this article, the commissioners shall forthwith proceed to terminate the affairs of the district. The commissioners shall dispose of all property belonging to the district at public auction and shall pay over the proceeds of such sale to be converted into the State Treasury. The commissioners shall thereupon file an application, duly verified, with the Secretary of State for the discontinuance of such district and shall transmit with such application the certificate of the State Land Resources Conservation Commission department setting forth the determination of the Commission department that the continued operation of such district is not administratively practicable and feasible. The application shall recite that the property of the district has been disposed of and the proceeds paid over as in this section provided and shall set forth a full accounting of such properties and proceeds of the sale. The Secretary of State shall issue to the commissioners a certificate of dissolution and shall record such certificate in an appropriate book of record in his office.

Section 48-9-1050. Upon issuance of a certificate of dissolution under the provisions of this article all ordinances and regulations theretofore adopted and in force within such district shall be of no further force and effect. All contracts theretofore entered into to which the district or commissioners are parties shall remain in force and effect for the period provided in such contracts. The State Land Resources Conservation Commission department shall be substituted for the district or commissioners as a party to such contracts. The Commission department shall be entitled to all benefits and subject to all liabilities under such contracts and shall have the same right and liability to perform, to require performance, to sue and be sued thereon and to modify or terminate such contracts by mutual consent or otherwise as the commissioners of the district would have had. Such dissolution shall not affect the lien of any judgment entered under the provisions of Section 48-9-1630 nor the pendency of any action instituted under the provisions of Section 48-9-1610 and the Commission department shall succeed to all the rights and obligations of the district or commissioners as to such liens and actions.

Section 48-9-1060. The State Land Resources Conservation Commission department shall not be required to entertain petitions for the discontinuance of any district nor conduct referenda upon such petitions nor make determinations pursuant to such petitions in accordance with the provisions of this article more often than once in five years.

SECTION 343. Section 48-9-1210 is amended to read:

"Section 48-9-1210. The two commissioners appointed by the Commission department shall be persons who are by training and experience qualified to perform the specialized skilled services which will be required of them in the performance of their duties under this chapter."

SECTION 344. Section 48-9-1230 is amended to read:

"Section 48-9-1230. Except as otherwise provided in Section 48-9-1220, the term of office of each commissioner is four years, except that in newly created districts the elected commissioners' terms of office are until the next regular election is held under the provisions of Section 48-9-1220 and the first appointed commissioners must be designated to serve for terms of one and two years, respectively, from the date of their appointment. A commissioner shall hold office until his successor has been elected or appointed and has qualified. Vacancies must be filled for the unexpired term. The selection of successors to fill an unexpired term, or for a full term, must be made in the same manner in which the retiring commissioners shall, respectively, have been selected, except that in the case of a vacancy in the unexpired term of an elected commissioner a successor may be appointed by the State Land Resources Conservation Commission department upon the unanimous recommendation of the remaining commissioners. Any commissioner may be removed by the State Land Resources Conservation Commission department upon notice and hearing for neglect of duty or malfeasance in office, but for no other reason."

SECTION 345. Section 48-9-1320 is amended to read:

"Section 48-9-1320. The commissioners shall furnish to the State Land Resources Conservation Commission department, upon request, copies of such ordinances, rules, regulations, orders, contracts, forms and other documents as they shall adopt or employ and such other information concerning their activities as it may require in the performance of its duties under this chapter."

SECTION 346. Section 48-9-1810 is amended to read:

"Section 48-9-1810. When the commissioners of any district organized under the provisions of this chapter shall adopt an ordinance prescribing land-use regulations in accordance with the provisions of Article 13 of this chapter they shall further provide by ordinance for the establishment of a board of adjustment. Such board of adjustment shall consist of three members, each to be appointed for a term of three years, except that the members first appointed shall be appointed for terms of one, two and three years, respectively. The members of each such board shall be appointed by the State Land Resources Conservation Commission department, with the advice and approval of the commissioners of the district for which such board has been established, and shall be removable, upon notice and hearing, for neglect of duty or malfeasance in office, but for no other reason, such hearing to be conducted jointly by the State Land Resources Conservation Commission department and the commissioners of the district. Vacancies in the board shall be filled in the same manner as original appointments, and shall be for the unexpired term of the member whose term becomes vacant."

SECTION 347. Section 48-9-1820 is amended to read:

"Section 48-9-1820. Members of the State Land Resources Conservation Commission Advisory Committee and the commissioners of the district shall be ineligible to appointment as members of the board during their tenure of such other office. The members of the board shall receive compensation for their services at a per diem rate to be determined by the State Commission department for time spent on the work of the board, in addition to expenses, including traveling expenses, necessarily incurred in the discharge of their duties. The commissioners shall pay the necessary administrative and other expenses of operation incurred by the board upon the certificate of the chairman of the board."

SECTION 348. Section 48-9-1840 is amended to read:

"Section 48-9-1840. A land occupier may file a petition with the board alleging that there are great practical difficulties or unnecessary hardships in the way of his carrying out upon his lands the strict letter of the land-use regulations prescribed by ordinance approved by the commissioners and praying the board to authorize a variance from the terms of the land-use regulations in the application of such regulations to the lands occupied by the petitioner. Copies of such petition shall be served by the petitioner upon the chairman of the commissioners of the district within which his lands are located and upon the chairman director of the State Land Resources Conservation Commission department."

SECTION 349. Section 48-9-1850 is amended to read:

"Section 48-9-1850. The board shall fix a time for the hearing of the petition and cause due notice of such hearing to be given. The commissioners of the district and the State Land Resources Conservation Commission department may appear and be heard at such hearing. Any occupier of lands lying within the district who shall object to the authorizing of the variance prayed for may intervene and become a party to the proceedings. Any party to the hearing before the board may appear in person, by agent or by attorney. If, upon the facts presented at such hearing, the board shall determine that there are great practical difficulties or unnecessary hardships in the way of applying the strict letter of any of the land-use regulations upon the lands of the petitioner, it shall make and record such determination and shall make and record findings of fact as to the specific conditions which establish such great practical difficulties or unnecessary hardships. Upon the basis of such findings and determination the board may by order authorize such variance from the terms of the land-use regulations, in their application to the lands of the petitioner, as will relieve such great practical difficulties or unnecessary hardships and will not be contrary to the public interest and such that the spirit of the land-use regulations shall be observed, the public health, safety and welfare secured and substantial justice done."

SECTION 350. Section 48-11-10 is amended by adding at the end the following:

"(12) "Department" means the Department of Wildlife, Marine and Natural Resources.

"(13) "Division" means Land Resources and Conservation Districts Division."

SECTION 351. Section 48-11-15 is amended to read:

"Section 48-11-15. The South Carolina Land Resources Conservation Commission Department of Wildlife, Marine and Natural Resources shall assist boards of commissioners of soil and water conservation districts and boards of directors of watershed conservation districts with the organization and function of watershed conservation districts. For the purpose of this chapter, the responsibility of the commission department is limited to this activity. The construction, operation, and maintenance of watershed works of improvement are the sole responsibility of watershed conservation districts and others as specified in documents for the works of improvement."

SECTION 352. Section 48-11-90 is amended to read:

"Section 48-11-90. The county election commission shall tabulate the results of the referendum at the close of the polls and certify the results to the clerks of court of the counties in which part of the district is situated. Upon proper recordation of the referendum results by the clerks of court the watershed conservation district constitutes a governmental subdivision of this State and a public body corporate and politic. After recording the results the clerks of court shall notify the board of commissioners in writing that the watershed conservation district has been created, and the soil and water conservation district board shall submit to the Land Resources Conservation Commission department a copy of the notification."

SECTION 353. Section 48-11-100 is amended to read:

"Section 48-11-100. (A) The governing body of each watershed conservation district consists of five directors selected as provided in this section. No person may be a director who is not a qualified elector residing in the district.

(B) The first directors of the watershed conservation district after the district has been created must be elected in a nonpartisan election conducted by the county election commission when county officers are elected in the general election. To be placed on the ballot each candidate shall submit to the county election commission a nominating petition with the signatures of twenty-five qualified electors residing in the watershed conservation district, or, if less than fifty qualified electors reside in the district, a majority of the qualified electors. The official number of qualified electors residing in a watershed conservation district is the number of registered electors residing in the district and registered one hundred twenty days before the date of the election for which the nomination petition is being submitted. The candidate named in each petition must be placed on the appropriate official ballot for the election if the petition is submitted to the county election commission not later than twelve noon on August first or, if August first falls on Sunday, not later than twelve noon on the following Monday. The form of the petition must comply with the requirements in Section 7-11-80 pertaining to the conduct of general elections not conflicting with this section. This election must be conducted pursuant to Title 7, mutatis mutandis, except as otherwise provided in this section. The five elected directors, under the general supervision of the board of commissioners of the soil and water conservation district, are the governing body of the watershed conservation district.

(C)(1) Of the directors first elected, the three receiving the largest number of votes serve for terms of four years, and the two receiving the next largest number of votes serve for terms of two years.

(2) The term of office of each of their successors is four years, except in lieu of election successors may be appointed in watershed conservation districts if:

(a) one of the sponsors, other than the watershed conservation district board of directors, of each phase of each work of improvement conducted by the district, including operation and maintenance of the work of improvement, has the authority to levy an annual tax on the real property in the district for that phase of the work of improvement;

(b) the watershed conservation district has sufficient funds, other than taxes levied by the district on real property in the district, to pay the expenses of the district.

(3) Twenty-five or more qualified electors residing in a watershed conservation district may submit a petition to the board of commissioners of the soil and water conservation district for the procedure by which watershed conservation district directors are selected to be changed from election to appointment. The board of commissioners shall determine whether the prerequisites for appointment described in item (1) are met. To help make this decision the board shall give due notice of and hold a public hearing on the proposed change within sixty days after receiving the petition. After the public hearing the board of commissioners shall determine whether the prerequisites are met.

(4) If the board of commissioners determine that the prerequisites are met, a referendum to approve or disapprove the change in the procedure for selecting watershed conservation district directors must be held by the county election commission in the next scheduled countywide election in the counties where the watershed conservation district is located. Applicable rules of the scheduled election apply to the referendum. Due notice of the referendum must be given by the county election commission. Notice must state that, if the procedure for selecting watershed conservation district directors is changed from election to appointment, the change is effective as current terms expire and that the authority of the watershed conservation district to levy an annual tax on real property in the district ceases when the first of the current terms expires and has been filled by appointment and continues as long as directors are appointed instead of elected. Only qualified electors residing in the watershed conservation district may vote in the referendum.

(5) The county election commission shall tabulate the results of the referendum, submit the results in writing to the board of commissioners of the soil and water conservation district, and certify the results to the clerks of court of the counties in which the watershed conservation district is located. If a majority of the votes cast in the referendum favor changing the procedure for selecting watershed conservation district directors from election to appointment, the board of commissioners shall submit written notification to the county election commission, county auditors, sponsors of works of improvement of the watershed conservation district, watershed district directors, and the Land Resources Conservation Commission department that the selection procedure is changed when current terms expire and that the authority of the watershed conservation district board to levy an annual tax on real property in the district ceases, when the first of the current terms expires and has been filled by appointment and continues as long as directors are appointed instead of elected.

(6) The governing body of each county in which the watershed conservation district is located shall appoint one director each, and the board of commissioners of the soil and water conservation district shall appoint the remaining directors. To be considered for appointment by the board of commissioners of the soil and water conservation district or the county governing body, an individual shall submit to the board or body from which appointment is sought a nominating petition with the signatures of twenty-five qualified electors residing in the watershed conservation district, or, if less than fifty qualified electors reside in the district, a majority of the qualified electors. The official number of qualified electors residing in a watershed conservation district is the number of registered electors residing in the district and registered one hundred twenty days before the date by which nominating petitions must be submitted. The board of commissioners and the county governing body shall give due notice that they will receive petitions to nominate candidates to be appointed as watershed conservation district directors. Due notice must be given at least sixty days before the date by which petitions must be submitted.

(7) The board of commissioners of the soil and water conservation district shall:

(a) maintain records on the election and appointment of directors;

(b) coordinate appointments by the county governing bodies, including written notification to the county governing bodies at least ninety days before the expiration of each term to be filled through appointment by the county governing body;

(c) submit in writing to the Land Resources Conservation Commission department the name of each elected or appointed director within thirty days of election or appointment.

(8) When each phase of a work of improvement of a watershed conservation district for which directors are appointed does not have a sponsor with authority to levy an annual tax on real property in the district for that phase of the work of improvement, or when the watershed conservation district does not have sufficient funds to pay the expenses of the district, the procedure for selecting watershed conservation district directors must be changed from appointment to election, and the board of commissioners shall notify in writing the county election commission, county auditor, sponsors of works of improvement of the watershed conservation district, watershed conservation district directors, and the Land Resources Conservation Commission department that the selection procedure is changed when current terms expire and that when current terms expire and have been filled by election, the watershed conservation district board may levy an annual tax on real property in the district as long as directors are elected instead of appointed. For a vacancy occurring before the expiration of the term of an elected director, a successor to serve for the unexpired portion of the term must be appointed by the board of commissioners.

(D) For a vacancy occurring before the expiration of the term of an appointed director, a successor to serve for the unexpired portion of the term must be appointed by the body that made the original appointment. A director may be removed from office by the board of commissioners upon notice and hearing for neglect of duty or malfeasance in office but for no other reason.

(E) For each calendar year the directors annually shall elect from among their number a chairman, secretary, and treasurer and so notify the soil and water conservation district and the Land Resources Conservation Commission department by March thirty-first each year. The board of directors, with the approval of the board of commissioners of the soil and water conservation district, may employ officers, agents, and other employees it requires and determine their qualifications, duties, and compensation. The board of directors shall provide for the execution of surety bonds for the officers, agents, or employees entrusted with funds or property of the watershed conservation district, tort liability insurance for each director of the watershed conservation district board, for the keeping of a full and accurate record of the proceedings, resolutions, and other actions of the board, and for the making and publication of an annual audit of the accounts of receipts and disbursements of the watershed conservation district. The watershed conservation district board shall submit a copy of the audit to the county treasurer and to the board of commissioners of the soil and water conservation district. The watershed conservation district board shall submit written notification to the Land Resources Commission department within one hundred twenty days following the end of the district's fiscal year that the audit has been made, the date of the audit, and the name of the firm that or individual who made the audit.

(F) The directors may receive no compensation for their services, but they may be reimbursed from the budget of the watershed conservation district or from another local source for expenses, including traveling expenses, necessarily incurred in the discharge of their powers and duties as approved by the board of commissioners."

SECTION 354. Section 48-11-185(D) is amended to read:

"(D) The county election commission shall tabulate the results of the referendum at the close of the polls, submit a written report of the results to the board of commissioners of the soil and water conservation district, and certify the results of the referendum to the clerks of court of the counties in which the district is situated. If a majority of the votes cast in the referendum are in favor of consolidation of the watershed conservation districts into the single district, upon proper recordation of the referendum results by the clerks of court of the counties, the watershed conservation district constitutes a governmental subdivision of this State and a public body corporate and politic and must be organized and shall function fully in accordance with this chapter. After recording the results the clerks of court shall notify the board of commissioners of the soil and water conservation district in writing that the watershed conservation district has been established. The board of commissioners shall submit to the Land Resources Conservation Commission department a copy of the notification from the clerks of court."

SECTION 355. Section 48-11-190(C) is amended to read:

"(C) After recording the results of the referendum, the clerks of court shall notify the board of commissioners of the soil and water conservation district and the board of directors of the watershed conservation district in writing that the watershed conservation district has been discontinued, and the directors immediately shall terminate the affairs of the watershed conservation district. The board of commissioners shall submit to the Land Resources Conservation Commission department a copy of the notification from the clerks of court."

SECTION 356. Section 48-11-210(D) is amended to read:

"(D) The board of commissioners of each of the soil and water conservation districts in which a part or all of each of the watershed conservation districts in subsections (A), (B), and (C) is located shall initiate action with the board of directors of the watershed conservation district and the county government to carry out this revision in the organization and function of the watershed conservation district. The Land Resources Conservation Commission department shall assist each of the boards of commissioners of the affected soil and water conservation districts with this responsibility. The commission department shall initiate this assistance by providing written directions and guidance to each of the affected soil and water conservation districts within ninety days of the effective date of this chapter, as amended. The commission department may adopt policy and has broad authority to carry out this section."

SECTION 357. Section 48-14-20(1) is amended to read:

"(1) "Commission" "Division" means the South Carolina Land Resources Conservation Commission Land Resources and Conservation Districts Division of the Department of Wildlife, Marine and Natural Resources.

SECTION 358. Section 48-14-20(6) is amended to read:

"(6) "Designated Watershed" means a watershed designated by a local government and approved by the commission, Department of Health and Environmental Control, and the South Carolina Water Resources Commission the Water Resources Division of Department of Wildlife, Marine and Natural Resources and identified as having an existing or potential stormwater, sediment control, or nonpoint source pollution problem."

SECTION 359. Section 48-14-20 is amended by a new item at the end to read:

"(20) "Department" means the Department of Wildlife, Marine and Natural Resources."

SECTION 360. Section 48-14-50 is amended to read:

"Section 48-14-50. (A) The commission Land Resources and Conservation Districts Division shall develop a State Stormwater Management and Sediment Reduction Program.

(B) In carrying out this chapter, the commission division shall:

(1) provide technical and other assistance to local governments and others in implementing this chapter;

(2) require that appropriate stormwater management and sediment control provisions be included in all stormwater management and sediment control plans developed pursuant to this chapter;

(3) cooperate with appropriate agencies of this State, the United States, other states, or any interstate agency with respect to stormwater management and sediment control;

(4) conduct studies and research regarding the causes, effects, and hazards of stormwater and sediment and methods to control stormwater runoff and sediment;

(5) conduct and supervise educational programs with respect to stormwater management and sediment control;

(6) require the submission to the commission division of records and periodic reports by implementing agencies as may be necessary to carry out this chapter;

(7) establish a means of communications, such as a newsletter, so that information regarding program development and implementation can be distributed to interested individuals;

(8) assist conservation districts and local governments involved in the local stormwater management and sediment control program; and

(9) develop a schedule for implementing this chapter in the counties and municipalities of this State.

(C) The commission department shall promulgate regulations, minimum standards, guidelines, and criteria necessary to carry out the provisions of this chapter with input from the South Carolina Erosion and Sediment Reduction Advisory Council, appointed by the Governor, in consultation with the South Carolina Department of Health and Environmental Control, the South Carolina Water Resources Commission, the South Carolina Association of Counties, the South Carolina Coastal Council, the South Carolina Association of Special Purpose Districts, and the South Carolina Municipal Association, and a task force of technical experts appointed by the commission department. The regulations must include, but are not limited to:

(1) criteria for the delegation of program elements and review and revocation of delegated program elements;

(2) appeal procedures for local governments requesting delegation of program elements;

(3) types of activities that require a stormwater management and sediment control permit;

(4) waivers, exemptions, variances, and appeals;

(5) stormwater management and sediment control plan application or inspection fees;

(6) criteria for distribution of funds collected by sediment and stormwater plan approval and inspection fees;

(7) criteria for implementation of a stormwater management utility;

(8) specific design criteria and minimum standards and specifications;

(9) permit application and approval requirements;

(10) specific enforcement options;

(11) criteria for approval of designated watersheds;

(12) criteria regarding correction of off-site damages resulting from the land disturbing activity;

(13) construction inspections;

(14) maintenance requirements for sediment control during construction and stormwater management structures after construction is completed;

(15) procedures to accept and respond to citizen complaints on delegated program components and individual site problems; and

(16) a schedule for implementing this chapter considering such factors as demographics, growth and development, and state and local resources.

(D) These regulations promulgated for carrying out the stormwater management and sediment control program must:

(1) be based upon relevant physical and developmental information concerning the watershed and drainage basins of the State, including but not limited to, data relating to land use, soils, hydrology, geology, grading, ground cover, size of land area being disturbed; and

(2) contain conservation standards for various types of soils and land uses, which standards must include criteria and alternative techniques and methods for the control of erosion, sediment, and stormwater runoff resulting from land disturbing activities.

(E) The commission department may amend, modify, or repeal these regulations in accordance with the provisions of the Administrative Procedures Act."

SECTION 361. Section 48-14-60 is amended to read:

"Section 48-14-60. (A) The commission Land Resources and Conservation Districts Division may delegate any or all components of stormwater management and sediment control programs to a local government or conservation district pursuant to regulations promulgated by the commission department.

(B) Requests for delegation of program elements must be submitted within six months of the promulgation of the applicable state regulation, and by January first of subsequent years if delegation is desired at a future date. The commission division shall approve, approve with modification, or deny such a request on or before April first of the year for which delegation is sought.

(C) Delegation, once applied for, becomes effective on July first and may not exceed three years, at which time delegation renewal is required.

(D) A local government may develop the program in cooperation with conservation districts.

(E) In the event a local government does not adopt and request approval of a stormwater management and sediment control program within its jurisdiction, the local conservation district may adopt a program in conjunction with subdivision regulations, if applicable, and submit it to the commission division for approval.

(F) The commission division has jurisdiction, to the exclusion of other implementing agencies, for the purpose of adopting the components of a sediment control and stormwater management program for land disturbing activities that are:

(1) conducted by the United States;

(2) conducted by persons having the power of eminent domain for land disturbing activities which cross jurisdictional boundaries;

(3) conducted by local governments."

SECTION 362. Section 48-14-70 is amended to read:

"Section 48-14-70. (A) Any local government that has adopted a stormwater management and/or sediment control program before May 27, 1992 may request approval of any or all components of its existing program within its jurisdiction. This request must be submitted within six months of the promulgation of the applicable state regulation. The review and approval, approval with modification, or disapproval of these existing programs must be given priority by the commission Land Resources and Conservation Districts Division. The local government shall continue to administer its existing programs during the review process by the commission division. The review must include consideration of the efficiency and effectiveness of the existing program in meeting the intent of this chapter.

(B) The commission division shall approve a program upon determining that its standards equal or exceed those of this chapter. The commission division shall only modify the portions of a program which do not meet the minimum standards of this chapter.

(C) If a local government's request for approval of one or more components of an existing stormwater management or sediment control is not approved by the commission division, the local government may appeal the commission's Department of Wildlife, Marine and Natural Resources's action following the procedures detailed in the regulations promulgated pursuant to this chapter."

SECTION 363. Section 48-14-80 is amended to read:

"Section 48-14-80. One year after May 27, 1992, a federal agency may not undertake any regulated activity unless the agency has submitted a stormwater management and sediment control plan to the commission Land Resources and Conservation Districts Division and received its approval. The only variation to this requirement is when program elements are delegated by the commission division to a federal agency."

SECTION 364. Section 48-14-85 is amended to read:

"Section 48-14-85. After May 27, 1992, a local government or special purpose or public service district may not undertake any regulated activity unless the local government or special purpose or public service district has submitted a request for a general permit to the commission Land Resources and Conservation Districts Division and received its approval."

SECTION 365. Section 48-14-90 is amended to read:

"Section 48-14-90. (A) With respect to approved stormwater management and sediment control plans, the implementing agency shall ensure that periodic reviews are undertaken, implementation is accomplished in accordance with the approved plans, and the required measures are functioning in an effective manner. Notice of right of entry must be included in the stormwater management and sediment control plan certification. The implementing agency may request assistance from the commission Land Resources and Conservation Districts Division.

(B) The request for assistance from the commission division may initiate an inspection to verify site conditions. That inspection may result in the following actions:

(1) notification by the implementing agency to the person responsible for the land disturbing activity to comply with the approved plan within a specified time;

(2) notification by the implementing agency that the required measures are not functioning in an effective manner with a schedule for the person responsible for the disturbing activity to maintain the required measures or install additional measures which will be effective in controlling stormwater runoff and off-site sediment movement.

(C) Failure of the person responsible for the land disturbing activity to comply with commission division requirements may result in the following actions in addition to other penalties as provided in this chapter:

(1) The commission division may request that the appropriate implementing agency issue a stop work order until the violations have been remedied.

(2) The commission division may request that the appropriate implementing agency refrain from issuing any further building or grading permits to the person having outstanding violations until those violations have been remedied.

(3) The commission division may recommend fines to be levied by the implementing agency."

SECTION 366. Section 48-14-110 is amended to read:

"Section 48-14-110. The commission Land Resources and Conservation Districts Division, in conjunction with local governments and districts and other appropriate state and federal agencies, shall conduct educational programs in stormwater management and sediment control for state and local government officials, persons engaged in land disturbing activities, interested citizen groups, and others."

SECTION 367. Section 48-14-120 is amended to read:

"Section 48-14-120. (A) The implementing agencies are authorized to receive from federal, state, or other public or private sources financial, technical, or other assistance for use in accomplishing the purposes of this chapter.

(B) The implementing agency has authority to adopt a fee system to help fund program administration. A fee system may be adopted by the implementing agency to help to fund overall program management, plan review, construction review, enforcement actions, and maintenance responsibilities. In those situations where the commission Land Resources and Conservation Districts Division becomes the implementing agency authority, the commission division may assess a plan review and inspection fee. Fees must be based upon the costs to the implementing agency authority to implement and administer the program. The implementing agency authority is granted authority authorized to expend the funds it collects from the fee system to administer the provisions of this chapter. The commission division shall not assess a local government a plan review and inspection fee.

(C) Authority is granted to local governments to establish a stormwater utility. The stormwater utility may fund such activities as watershed master planning, facility retrofitting, and facility maintenance. This funding shall occur through the establishment of a fee system or tax assessment that must be reasonable and equitable. Criteria for the implementation of the stormwater utility must be established in regulations promulgated under this chapter. The implementation of a stormwater utility will necessitate the adoption of a local utility ordinance prior to its implementation."

SECTION 368. Section 48-14-130(A)(7) is amended to read:

"(7) a public involvement process which includes the establishment of a local watershed advisory committee and public hearing prior to approval by the commission, the South Carolina Water Resources Commission, and the Department of Health and Environmental Control and the Land Resources and Conservation Districts Division of the Department of Wildlife, Marine and Natural Resources."

SECTION 369. Section 48-14-140 is amended to read:

"Section 48-14-140. (A) Any person who violates any provision of this chapter or any ordinance or regulation promulgated, enacted, adopted, or issued pursuant to this chapter by the commission Land Resources and Conservation Districts Division or other implementing agency, or who initiates or continues a land disturbing activity for which a stormwater management and sediment control plan is required except in accordance with the terms, conditions, and provisions of an approved plan, is subject to a civil penalty of not more than one thousand dollars. No penalty may be assessed until the person alleged to be in violation has been notified of the violation. Each day of a violation constitutes a separate violation.

(B) The implementing agency shall determine the amount of the civil penalty to be assessed under this section for violations under its jurisdiction. It shall make written demand for payment upon the person responsible for the violation and set forth in detail the violation for which the penalty has been invoked. If payment is not received or equitable settlement reached within thirty days after demand for payment is made, a civil action may be filed in the circuit court in the county in which the violation is alleged to have occurred to recover the amount of the penalty. If the implementing agency is the commission division, the action must be brought in the name of the State. Local governments shall refer the matters under their jurisdiction to their respective attorneys for the institution of a civil action in the name of the local government in the circuit court in the county in which the violation is alleged to have occurred for recovery of the penalty."

SECTION 370. Section 48-14-150 is amended to read:

"Section 48-14-150. (A) When the implementing agency has reasonable cause to believe that any person is violating or is threatening to violate the requirements of this chapter, it may, either before or after the institution of any other action or proceeding authorized by this chapter, institute a civil action for injunctive relief to restrain the violation or threatened violation. The action must be brought in the circuit court of the county in which the violation or threatened violation is occurring or about to occur.

(B) Upon determination by the court that an alleged violation is occurring or is threatened, it shall enter the order necessary to abate the violation or to prevent the threatened violation. The institution of an action for injunctive relief under subsection (A) of this section does not relieve any party to the proceeding from any civil penalty prescribed for violations of this chapter."

SECTION 371. Section 48-14-160 is amended to read:

"Section 48-14-160. Nothing contained in this chapter and no action or failure to act under this chapter may be construed:

(1) to impose any liability on the State, commission Land Resources and Conservation Districts Division, districts, local governments, or other agencies, officers, or employees thereof for the recovery of damages caused by such action or failure to act; or

(2) to relieve the person engaged in the land disturbing activity of the duties, obligations, responsibilities, or liabilities arising from or incident to the operations associated with the land disturbing activity."

SECTION 372. Chapter 14 of Title 48 is amended by adding:

"Section 48-14-165. The Land Resources and Conservation Districts Division shall be directly accountable to and subject to the director of the department."

SECTION 373. Section 48-14-170 is amended to read:

"Section 48-14-170. The South Carolina Land Resources Commission department shall promulgate regulations necessary to implement Chapter 14, Title 48 of the 1976 Code added by this act."

SECTION 374. Chapter 18 of Title 48 of the 1976 Code is amended to read:

"Section 48-18-10. This chapter may be cited as the Erosion and Sediment Reduction Act of 1983.

Section 48-18-20. As used in this chapter:

(1) "Erosion" means the wearing away of the ground surface by the action of wind, water, gravity, or any combination thereof.

(2) "Sediment" means soil or other earth-like material that has been moved by the forces of water, wind, gravity, or any combination of them.

(3) "Sedimentation" means the process or action of depositing sediment.

(4) "Land disturbing activity" means any land change which may result in excessive erosion and sedimentation.

(5) "Stormwater" means the direct runoff of water and associated material resulting from precipitation in any form.

(6) "Local government" means any county or municipality.

(7) "Soil and water conservation district" or "conservation district" means a governmental subdivision of the State created pursuant to Chapter 9 of Title 48; and "conservation district board" means the governing body of a soil and water conservation district.

(8) "Commission" "Division" means the South Carolina Land Resources Conservation Commission Land Resources and Conservation Districts Division of the Department of Wildlife, Marine and Natural Resources.

(9) "Privately owned land" means all land not owned by the State, a state agency, quasi-state agency, subdivision of the State, or a federal governmental agency.

(10) "Quasi-state agency" means any entity other than a state agency but having some attributes of a state agency by virtue of the fact that the State has some authority to make rules and regulations by which it is governed. For the purpose of this chapter, the South Carolina Public Service Authority is a quasi-state agency; county and municipal governments and special purpose districts are not quasi-state agencies.

Section 48-18-30. This chapter does not apply to the following: (1) Activities regulated by the South Carolina Mining Act (Chapter 19 of Title 48). (2) Beach erosion, which for the purpose of this chapter, means removal of soil, sand, or rock from the land adjacent to the ocean due to wave action.

Section 48-18-35. The Land Resources and Conservation Districts Division,shall be directly accountable to and subject to the director of the department.

Section 48-18-40. The Land Resources Commission Resources and Conservation Districts Division shall implement a statewide erosion and sediment reduction and stormwater management program as follows:

(1) The Commission division is designated as the state agency responsible for developing, coordinating, and promoting erosion and sediment reduction and stormwater management programs in the State.

(2) The Commission division must develop general guidelines for reducing erosion and sedimentation and improving stormwater management for use by conservation districts, local government, landowners, and land users of the State. The Commission division must publicize and promote these guidelines through information and education programs.

(3) The Commission division must conduct surveys, investigations, and assessments of erosion, sediment, and stormwater management problems.

(4) The Commission division must make available existing technical assistance upon request to local governments, conservation districts, landowners, and land users.

(5) The Commission Department of Wildlife, Marine and Natural Resources must promulgate regulations for erosion and sediment reduction and stormwater management only on land either owned by the State, a state agency, or quasi-state agency or land under the management or control of such an entity through right-of-way easements or other agreements between such entities and private landowners, and must develop regulations for this purpose pursuant to Section 48-18-70. The regulations shall apply to privately owned lands only where they are under the management or control of the State, a state agency, or quasi-state agency through right-of-way easements or other agreements.

Section 48-18-50. (1) A state Advisory Council on Erosion and Sediment Reduction (State Advisory Council), which may include, but not be limited to, a representative of each of the following, must be appointed by the Governor upon the advice of the following agencies and organizations:

South Carolina Association of Counties

South Carolina Municipal Association

South Carolina Association of Conservation Districts

South Carolina Home Builders Association

Associated General Contractors, Inc.

South Carolina Association of Realtors

South Carolina Chapter, American Society of Landscape Architects

South Carolina Chapter, American Society of Civil Engineers

Council of Governments Executive Director's Committee

South Carolina Farm Bureau

South Carolina State Grange

Office of the Governor

USDA-Soil Conservation Service

Clemson University

South Carolina Water Resources Commission Water Resources Division

South Carolina Department of Health and Environmental Control

South Carolina Forestry Commission Forestry Division

South Carolina Forestry Association

South Carolina Chapter, American Institute of Architects

(2) The Commission division must provide staff support to the State Advisory Council.

(3) Duties of the State Advisory Council include, but are not limited to the following:

(a) Study the erosion and sediment reduction and stormwater management programs of other states and evaluate their applicability to South Carolina.

(b) Evaluate erosion, sedimentation, and stormwater conditions in the State.

(c) Recommend improvements and changes to meet the needs for erosion and sediment reduction and stormwater management in the State.

(d) Assist the Commission division with educational programs including, but not limited to, seminars, conferences, workshops, media productions, and written publication.

(e) Compile information pertaining to sedimentation of water bodies in the State.

(f) Evaluate and recommend conservation programs and technology for reducing erosion and sedimentation and improving stormwater management.

(g) Evaluate the need for additional legislation for erosion and sediment reduction and stormwater management.

(h) Recommend appropriate recognition programs for landowners and land users implementing outstanding erosion and sediment reduction and stormwater management programs.

(i) Provide information to the Commission division as needed.

Section 48-18-60. (1) The Conservation Districts shall:

(a) Assist in the development and promotion of erosion and sediment reduction and stormwater management programs as considered necessary by the conservation district boards.

(b) Provide leadership in the promotion of erosion and sediment reduction and stormwater management within their boundaries.

(c) Coordinate and seek assistance of governmental agencies, organizations, landowners, and land users for erosion and sediment reduction and stormwater management.

(d) Conduct demonstrations on erosion and sediment reduction and stormwater management utilizing proven conservation technology.

(e) Assist in the preparation of conservation plans for erosion and sediment reduction as requested by landowners and land users.

(f) Provide available technical assistance for erosion and sediment reduction and stormwater management planning upon request by landowners and land users.

(g) Perform other duties as defined in the Conservation Districts Law (Chapter 9 of Title 48).

(2) Each conservation district must appoint an Advisory Council on Erosion and Sediment Reduction (Local Advisory Council) which may include, but not be limited to:

(a) A local homebuilder.

(b) A local contractor.

(c) A local realtor.

(d) A municipal councilman.

(e) A county planning agency representative.

(f) A county councilman.

(g) A conservation district commissioner.

(h) A county farm bureau representative.

(i) A county grange representative.

(j) A USDA-Soil Conservation Service representative.

(k) A county extension service representative.

(l) A State Forestry Commission Division representative.

(m) A local civil engineer.

(n) A local architect.

(o) A local landscape architect.

(3) Duties of the Local Advisory Council include, but are not limited to, the following:

(a) Study the erosion and sediment reduction and stormwater management programs of other districts and evaluate their applicability to its respective district.

(b) Evaluate erosion, sedimentation, and stormwater conditions in the district.

(c) Recommend improvements and changes to meet the needs for erosion and sediment reduction and stormwater management in the district.

(d) Assist the district with educational programs, including but not limited to, seminars, conferences, workshops, media productions, and written publications.

(e) Compile information pertaining to sedimentation of water bodies in the district.

(f) Evaluate and recommend conservation programs and technology for reducing erosion and sedimentation and improving stormwater management.

(g) Evaluate the need for additional programs for erosion and sediment reduction and stormwater management.

(h) Recommend appropriate recognition programs for landowners and land users implementing outstanding erosion and sediment reduction and stormwater management programs.

(i) Provide information to the district as needed.

Section 48-18-70. (1) The commission department shall promulgate regulations for erosion and sediment reduction and stormwater management only on land either owned by this State, a state agency, or quasi-state agency or land under the management or control of these entities through right-of-way easements or other agreements between these entities and private landowners, except that the regulations may not apply to forest land owned by the department or managed by the South Carolina Forestry Commission Division. The regulations apply to privately-owned lands only where they are under the management or control of this State, a state agency, or quasi-state agency through right-of-way easements or other agreements. The regulations must include, but not be limited to, technical standards, specifications, and guidelines for erosion and sediment reduction and stormwater management, and requirements for the implementation of the standards and specifications. The commission department shall develop and propose for approval the regulations provided for in this subsection in consultation with the State Engineer, Division of General Services, and other state agencies as applicable. The State Engineer shall insure that the regulations are followed on all land and land disturbing activities under his jurisdiction.

(2) The commission division or its designated representative may inspect land owned by this State, a state agency, or quasi-state agency or land under the management or control of these entities through right-of-way easements or other agreements between these entities and private landowners to determine existing erosion and sedimentation and stormwater management problems and to insure the implementation of the provisions of the regulations provided for in subsection (1) of this section.

(3) A state agency found by the commission division to be in noncompliance with the erosion and sediment reduction and stormwater management standards provided for in subsection (1) of this section shall take the necessary steps indicated by the standards and specifications provided for in subsection (1) of this section to correct the problems.

(4) The South Carolina Land Resources Commission department in consultation with the South Carolina Department of Highways and Public Transportation and the South Carolina Department of Health and Environmental Control shall promulgate regulations for erosion and sediment reduction and stormwater management on land and land disturbing activities under the jurisdiction of the department.

(5) The South Carolina Forestry Commission department shall develop a plan, in consultation with the Land Resources Commission, for erosion and sediment reduction and stormwater management on forest land owned by the department or managed by the Forestry Commission Division, and shall implement the plan.

Section 48-18-80. Each conservation district must submit to the Commission division an annual evaluation report with input from the Local Advisory Council on the progress in erosion and sediment reduction and stormwater management in the district. The Commission division shall submit a comprehensive report to the Governor and the General Assembly every five years."

SECTION 375. Chapter 20 of Title 48 of the 1976 Code is amended to read:

"Section 48-20-10. This chapter may be cited as the "South Carolina Mining Act".

Section 48-20-20. The purposes of this chapter are to provide that:

(1) the usefulness, productivity, and scenic values of all lands and waters involved in mining within the State receive the greatest practical degree of protection and restoration;

(2) no mining may be carried on in the State unless plans for the mining include reasonable provisions for protection of the surrounding environment and for reclamation of the area of land affected by mining.

Section 48-20-30. The South Carolina Land Resources Conservation Commission Land Resources and Conservation Districts Division is responsible for administering the provisions and requirements of this chapter. This includes the process and issuance of mining permits, review and approval of reclamation plans, collection of reclamation performance bonds, conduct of environmental appraisals, technical assistance to mine operators and the public, implementation of research and demonstration projects, and inspections of all mining operations and reclamation as set forth in this chapter. Proper execution of these responsibilities may necessitate that the Land Resources Conservation Commission division seek comment from other relevant state agencies regarding matters within their respective areas of statutory responsibility or primary interests. The Land Resources Conservation Commission division has ultimate authority, subject to the appeal provisions of this chapter, over all mining, as defined in this chapter, and the provisions of this chapter regulating and controlling such activity.

Section 48-20-40. As used in this chapter:

(1) "Mining" means:

(a) the breaking of the surface soil to facilitate or accomplish the extraction or removal of ores or mineral solids for sale or processing or consumption in the regular operation of a business;

(b) removal of overburden lying above natural deposits of ore or mineral solids and removal of the mineral deposits exposed, or by removal of ores or mineral solids from deposits lying exposed in their natural state. Removal of overburden and the mining of limited amounts of ores or mineral solids are not considered mining when done only for the purpose of determining location, quantity, or quality of a natural deposit if no ores or mineral solids removed during exploratory excavation or mining are sold, processed for sale, or consumed in the regular operation of a business and if the affected land does not exceed two acres in area. Mining does not include plants engaged in processing minerals except as the plants are an integral on-site part of the removal of ores or mineral solids from natural deposits. Mining does not include excavation or grading when conducted solely in aid of on-site farming or of on-site construction. Mining does not include dredging operations where the operations are engaged in the harvesting of oysters, clams, or the removal of shells from coastal bottoms.

(2) "Council" means the Mining Council created by Sections 48-21-10 and 48-21-20.

(3) "Department" "Division" means the Land Resources Conservation Commission Land Resources and Conservation Districts Division of the Department of Wildlife, Marine and Natural Resources. Whenever in this chapter the department is assigned duties, they may be performed by the director or by subordinates as he designates.

(4) "Minerals" means soil, clay, coal, stone, gravel, sand, phosphate, rock, metallic ore, and any other solid material or substance found in natural deposits on or in the earth.

(5) "Affected land" means:

(a) the area of land from which overburden or minerals have been removed or upon which overburden has been deposited, or both, including an area on which a plant is located which is an integral part of the process of the removal of ores or mineral solids from natural deposits; or

(b) stockpiles and settling ponds located on or adjacent to lands from which overburden or minerals have been removed.

(6) "Neighboring" means in close proximity, in the immediate vicinity, or in actual contact.

(7) "Termination of mining" means cessation of mining operations or a segment of a mining operation with intent not to resume, or cessation of mining operations or a segment of a mining operation as a result of revocation of an operating permit. Whenever the department division has reason to believe that a mining operation or a segment of a mining operation has terminated, it shall give the operator written notice of its intention to declare the operation or segment of the operation terminated, and he has an opportunity to appear within thirty days and present evidence that the operation or segment is continuing. Where the department division finds that the evidence is satisfactory, it may not make such a declaration.

(8) "Operator" means a person engaged in mining operations, whether individually, jointly, or through subsidiaries, agents, employees, or contractors.

(9) "Overburden" means the earth, rock, and other materials that lie above the natural deposit of minerals.

(10) "Refuse" means all waste soil, rock, mineral, scrap, tailings, slimes, and other material directly connected with the mining, cleaning, and preparation of substances mined and includes all waste materials deposited on or in the permit area from other sources.

(11) "Spoil bank" means a deposit of excavated overburden or refuse.

(12) "Peak" means overburden removed from its natural position and deposited elsewhere in the shape of conical piles or projecting points.

(13) "Ridge" means overburden removed from its natural position and deposited elsewhere in the shape of a long, narrow elevation.

(14) "Reclamation" means the reasonable rehabilitation of the affected land for useful purposes and the protection of the natural resources of the surrounding area. Although both the need for and the practicability of reclamation control the type and degree of reclamation in a specific instance, the basic objective is to establish on a continuing basis the vegetative cover, soil stability, water conditions, and safety conditions appropriate to the area. Closure activities are a part of reclamation.

(15) "Reclamation plan" means the operator's written proposal as required and approved by the department division for reclamation of the affected land, which includes but is not limited to:

(a) proposed practices to protect adjacent surface resources;

(b) specifications for surface gradient restoration, including sketches delineating slope angle, to a surface suitable for the proposed subsequent use of the land after reclamation is completed, and the proposed method of accomplishment;

(c) manner and type of revegetation or other surface treatment of the affected areas;

(d) method of prevention or elimination of conditions that are hazardous to animal or fish life in or adjacent to the area;

(e) method of compliance with state air and water pollution laws;

(f) proposed methods to limit significant adverse effects on adjacent surface water and groundwater resources;

(g) proposed methods to limit significant adverse effects on significant cultural or historic sites;

(h) method of rehabilitation of settling ponds;

(i) method of control of contaminants and disposal of mining refuse;

(j) method of restoration or establishment of stream channels and stream banks to a condition minimizing erosion, siltation, and other pollution;

(k) maps and other supporting documents reasonably required by the department division; and

(l) a time schedule, including the anticipated years for completion of reclamation by segments, that meets the requirements of Section 48-20-90.

(16) "Borrow pit" means an area from which soil or other unconsolidated materials are removed to be used, without further processing, for highway construction and maintenance.

(17) "Land" includes submerged lands underlying a river, stream, lake, sound, or other body of water and specifically includes, among others, estuarine and tidal lands.

(18) "Permitted land" means the affected land in addition to

(a) lands identified for future mining to become affected land;

(b) an undisturbed or buffer area that is or may become adjacent to the affected land.

(19) "Exploration" means the act of breaking the surface soil to determine the location, quantity, or quality of a mineral deposit. Exploration includes, but is not limited to, drilling core and bore holes, trial open pits, open cuts, trenching, and tunneling for the purpose of extracting mineral samples.

(20) "Explorer" means a person engaged in exploration activities, as defined in this section, whether individually, jointly, or through subsidiaries, agents, employees, or contractors.

(21) "Operating permit" means a permit for mining activity that is issued to an operator by the department division.

(22) "Closure" means the act of rendering a mine facility or portion of a mine facility to an inoperative state that prevents the gradual or sudden release of contaminants that are harmful to the environment.

Section 48-20-50. A certificate of exploration issued by the department Land Resources and Conservation Districts Division is required for exploration activities in an affected area of two acres or less and involving the development of open pits, trenches, open cuts, or tunneling. A certificate of exploration is not required for exploration activity on an area already covered by an operating permit or for (1) drilling core holes, (2) drilling bore holes, or (3) conducting geophysical and geochemical sampling and analysis. An explorer engaging in exploration regulated pursuant to this section shall make a written application to the department division for a certificate of exploration. The application must be on a form furnished by the department division and must state fully the information requested. The applicant may be required to furnish other information as may be necessary to the department division in order to enforce this chapter adequately. If the explorer does not receive notification of denial of the certificate of exploration within fifteen calendar days of the tendering of the application, the application is approved. If the certificate of exploration is denied, the department division shall state the reasons, and the explorer must be given an additional thirty calendar days to either appeal the decision as set forth in Section 48-20-190 or modify its application for reconsideration by the department division. The application must be accompanied by a reclamation plan on forms furnished by the department division. The department division shall approve reclamation plans in accordance with Section 48-20-90. Public notice and public hearing requirements of this chapter do not apply to an application for a certificate of exploration or the processing or granting of the certificate. The department division shall treat the application for a certificate of exploration and the certificate, if any, and any material submitted with the application, as confidential trade secrets and proprietary business information of the applicant. The application and the certificate, if any, and any material submitted with the application is exempt from disclosure under the Freedom of Information Act and is not part of the public record. Upon approval of an application for a certificate of exploration, the department division shall require a performance bond or other security in an amount, and pursuant to requirements, set forth in Section 48-20-110. An explorer engaging in exploration involving an affected area greater than two acres is required to obtain an operating permit in accordance with the procedures set forth in Sections 48-20-60 and 48-20-70.

Section 48-20-60. No operator may engage in mining without having first obtained from the department division an operating permit which covers the affected land and which has not been terminated, revoked, suspended for the period in question, or otherwise invalidated. An operating permit may be modified to include land neighboring the affected or permitted land in accordance with procedures set forth in Section 48-20-80. A separate operating permit is required for each mining operation that is not on land neighboring a mining operation for which the operator has a valid permit. No operating permit may be issued except in accordance with the procedures set forth in Section 48-20-70. No operating permit may be modified except in accordance with the procedures set forth in Section 48-20-80 or 48-20-150. An appeal from the department's Department of Wildlife, Marine and Natural Resource's decision regarding an operating permit may be taken to the council commissioners, as provided by Section 48-20-190 as a contested case. No operating permit becomes effective until the operator has deposited with the department Department of Wildlife, Marine and Natural Resources an acceptable performance bond or other security pursuant to Section 40-20-110. If at any time the bond or other security, or any part of it, lapses for a reason other than a release by the department Department of Wildlife, Marine and Natural Resources, and the lapsed bond or security is not replaced by the operator within thirty days after notice of the lapse, the operating permit to which it pertains must be suspended until such time as the reason for the suspension is remedied and written documentation of the remedy is provided to the department Department of Wildlife, Marine and Natural Resources. An operating permit must be granted and remain valid unless the operating permit terminates as set forth in this chapter or until revoked by the department Department of Wildlife, Marine and Natural Resources under the provisions of Section 48-20-160. If the mining operation terminates and the reclamation required under the approved reclamation plan is completed, the permit terminates. Termination of an operating permit does not relieve the operator of any obligations which he has incurred under his approved reclamation plan or otherwise. Where the mining operation itself has terminated, no operating permit is required in order to carry out reclamation measures under the reclamation plan. An operating permit may be suspended or revoked for cause pursuant to Section 48-20-160.

Section 48-20-70. An operator desiring to engage in mining shall make written application to the department Department of Wildlife, Marine and Natural Resources for an operating permit. The application must be on a form furnished by the department Department of Wildlife, Marine and Natural Resources and must state fully the called for information. The applicant may be required to furnish other information as may be necessary to the department division in order to enforce this chapter adequately. The application must be accompanied by a reclamation plan which meets the requirements of Section 48-20-90. No operating permit may be issued until the plan has been approved by the department division pursuant to Section 48-20-90. The application for an operating permit must be accompanied by a signed agreement, in a form specified by the department division, that if a bond forfeiture is ordered pursuant to Section 48-20-170, the department division and its representatives and its contractors may make whatever entries on the permitted land and take whatever actions necessary to carry out reclamation which the operator has failed to complete. The department division shall publish notice of an application for an operating permit or a substantial modification of an operating permit in a newspaper of general circulation in the area of the proposed mining activity and, to the extent practicable, shall notify the public of the application. The department division shall afford all interested parties reasonable opportunity to submit data, views, or arguments orally or in writing regarding the proposed mining activity. Opportunity for public hearing must be granted if requested by ten persons or by a governmental subdivision or agency or by an association having not less than ten members and if the request for a hearing is based on sufficient technical reasons. The request for a public hearing must be made within fifteen calendar days from the latest date of public notice of an application. The department division shall consider fully all written and oral submissions respecting the mining activity before final action by the department division on the application for an operating permit. The department division shall grant or deny the operating permit requested as expeditiously as possible but in no event later than sixty calendar days after the application form and any supplemental information required has been filed with the department division. Priority consideration must be given to applicants who submit evidence that the mining proposed is for supplying materials for highway maintenance or highway construction. The department Department of Wildlife, Marine and Natural Resources shall deny an operating permit upon finding that:

(1) a requirement of this chapter or a regulation promulgated under it is to be violated by the proposed operation;

(2) the operation will have undue adverse effects on wildlife or freshwater, estuarine, or marine fisheries;

(3) the operation will violate standards of air quality, surface water quality, or groundwater quality which have been promulgated by the South Carolina Department of Health and Environmental Control;

(4) the operation will constitute a substantial physical hazard to a neighboring dwelling house, school, church, hospital, commercial or industrial building, public road, or other public property;

(5) the operation will have a significantly adverse effect on the purposes of a publicly-owned park, publicly-owned forest, or publicly-owned recreation area;

(6) previous experience with similar operations indicates a substantial possibility that the operation will result in substantial deposits of sediment in stream beds or lakes, landslides, or acid water pollution; or

(7) the operator has not corrected all violations which he may have committed under an operating permit or certificate of exploration and which resulted in:

(a) revocation of his permit;

(b) forfeiture of part or all of his bond or other security;

(c) conviction of a misdemeanor under Section 48-20-230;

(d) any other court order issued under Section 48-20-230; or

(e) issuance of a notice of uncorrected violations. In the absence of any such finding, an operating permit must be granted. An operating permit issued must be conditioned expressly on compliance with all requirements of the approved reclamation plan for the operation and with further reasonable and appropriate requirements and safeguards of the department division to assure that the operation complies fully with the requirements and objectives of this chapter. The conditions may include a requirement of visual screening, vegetative or otherwise, so as to screen the view of the operation from public highways, public parks, or residential areas, if the department division finds the screening to be feasible and desirable. Violation of the conditions must be treated as a violation of this chapter and constitutes a basis for suspension or revocation of the operating permit. An operator wishing modification of the terms and conditions of an operating permit or of the approved reclamation plan shall submit a request for modification in accordance with the provisions of Section 48-20-80. If the department division denies an application for an operating permit, it shall notify the operator in writing, stating the reasons for its denial and modifications in the application which would make it acceptable. The operator may modify his application or file an appeal, as provided in Section 48-20-190, but the appeal may not be accepted more than thirty days after notice of disapproval has been mailed to him at the address shown on his application. Upon approval of an application, the department division shall set the amount of the performance bond or other security which is to be required pursuant to Section 48-20-110. The operator shall have sixty days following the mailing of the notification in which to deposit the required bond or security with the department division. The operating permit may not be issued until receipt of this deposit. In addition to the applicant, all individuals and organizations requesting in writing to be notified of final action concerning an operating permit must be notified by the department division. The time limits for taking appeal may not be extended because of the timing of notices sent pursuant to this paragraph. When one operator succeeds to the interest of another in an uncompleted mining operation, by virtue of a sale, lease, assignment, or otherwise, the department division may release the first operator from the duties imposed upon him by this chapter with reference to the operation and transfer the operating permit to the successor operator if both operators have complied with the requirements of this chapter and if the successor operator assumes the duties of the first operator with reference to reclamation of the land and posts a suitable bond or other security.

Section 48-20-80. An operator engaged in mining under an operating permit may apply for modification of the permit. The application must be in writing upon forms furnished by the department division and must state fully the called-for information. The applicant may be required to furnish other information as may be necessary to the department division to enforce this chapter adequately. It is not necessary to resubmit information which has not changed since the time of a prior application if the applicant states in writing that the information has not changed. A modification under this section may affect the land area covered by the operating permit, the approved reclamation plan coupled with the operating permit, or other terms and conditions of the permit. An operating permit may be modified to include land neighboring the affected or permitted land but not other lands. The reclamation plan may be modified if the department division determines that the modified plan fully meets the standards set forth in Section 48-20-90 and that the modifications are generally consistent with the basis for issuance of the original operating permit. Other terms and conditions may be modified only if the department division determines that the permit as modified meets the requirements of Sections 48-20-60 and 48-20-70. In lieu of a modification, an operator may apply for a new permit in the manner prescribed by Sections 48-20-60 and 48-20-70. No modification of a permit becomes effective until required changes have been made in the performance bond or other security posted under the provisions of Section 48-20-110 to assure the performance of obligations assumed by the operator under the permit and reclamation plan.

Section 48-20-90. An explorer shall submit with his application for a certificate of exploration or an operator shall submit with his application for an operating permit a proposed reclamation plan. The reclamation plan for an operating permit only must be furnished to the local soil and water conservation district in which the mining operation is to be conducted. The plan must include as a minimum each of the elements specified in the definition of "reclamation plan" in Section 48-20-40 and other information required by the department Land Resources and Conservation Districts Division. The reclamation plan must provide that reclamation activities, particularly those relating to control of erosion, to the extent feasible, must be conducted simultaneously with mining operations and be initiated at the earliest practicable time after completion or termination of mining on a segment of the permitted land. The plan must provide that reclamation activities must be completed within two years after completion or termination of mining on each segment of the area for which an operating permit is requested unless a longer period specifically is permitted by the department division. The department division may approve, approve subject to stated modifications, or reject the plan. The department division shall approve a reclamation plan as submitted or modified, only if it finds that it adequately provides for those actions necessary to achieve the purposes and requirements of this chapter and that the plan meets the following minimum standards:

(1) The final slopes in all excavations in soil, sand, gravel, and other unconsolidated materials are to be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land.

(2) Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. Safety provisions may be required for excavations in unconsolidated materials that are adjacent to residential developments, schools, churches, hospitals, and commercial and industrial buildings.

(3) In open cast mining operations, all overburden and spoil must be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land.

(4) In no event may a provision of this section be construed to allow small pools of water that are, or are likely to become, noxious, odious, or foul to collect or remain on the mined area. Suitable drainage ditches or conduits must be constructed or installed to avoid those conditions. Lakes, ponds, and marsh lands are to be considered adequately reclaimed lands when approved by the department division.

(5) The type of vegetative cover and methods of its establishment must be specified and in every case conform to accepted and recommended agronomic and reforestation restoration practices as established by the South Carolina Agricultural Experiment Station of Clemson University and the South Carolina Forestry Commission Division of the Department of Wildlife, Marine and Natural Resources. Advice and technical assistance may be obtained through the state soil and water conservation districts. The department division may approve a reclamation plan despite the fact that the plan does not provide for reclamation treatment of every portion of the affected land if the department division finds that because of special conditions the treatment is not feasible for particular areas and that the plan takes all practical steps to minimize the extent of the areas. An operator shall have the right to substitute an area mined in the past for an area presently being mined with the approval of the department division.

Section 48-20-100. The department division may assess and collect fees to assist with the costs of administering the provisions of this chapter. All appropriate fees must be received by the department division before processing and approving an application as referenced in this chapter.

Section 48-20-110. Each applicant for a certificate of exploration, and each applicant for an operating permit, shall file with the department division, upon approval of the application, and maintain in force a bond in an amount set forth in this section. All bonds must be in favor of the State of South Carolina, executed by a surety approved by the Chief Insurance Commissioner in the amount set forth in this section. The bond must be continuous in nature and must remain in force until canceled by the surety. Cancellation by the surety is effectuated only upon sixty days' written notice to the department division and to the operator. The applicant may file a separate bond for each certificate of exploration or operating permit or may file a blanket bond covering all exploration activities or mining operations within the State for which he holds certificates or permits. The amount of each bond required for a certificate of exploration must be two thousand, five hundred dollars. The amount of each bond for operating permits must be based upon the area of affected land to be reclaimed under the approved reclamation plan to which it pertains, less any area whose reclamation has been completed and released from coverage by the department division pursuant to Section 48-20-130. If the area totals less than ten acres, the bond must be ten thousand dollars. If it is ten acres or more but less than fifteen acres, the bond must be fifteen thousand dollars. If it is fifteen or more acres the bond must be twenty-five thousand dollars. If an area totals more than twenty-five acres, the department division may require a bond in excess of twenty-five thousand dollars if a greater bond is necessary to insure reclamation as provided by this chapter. All mining operations must have the reclamation bond amounts in effect by July 1, 1995, or before if the mining permit is modified to increase the affected land. The bond must be conditioned upon the faithful performance of the requirements set forth in this chapter and of the regulations adopted pursuant to it. Liability under the bond must be maintained as long as reclamation is not completed in compliance with the approved reclamation plan unless released only upon written notification from the department division. Notification must be given upon completion of compliance or acceptance by the department division of a substitute bond. In no event may the liability of the surety exceed the amount of surety bond required by this section. In lieu of the surety bond required by this section, the explorer or operator may file with the department division a cash deposit, registered securities acceptable to the department division, an assignment of a savings account in a South Carolina bank, or other securities acceptable to the department division on an assignment form prescribed by the department division. If the license to do business in South Carolina of a surety upon a bond filed pursuant to this chapter is suspended or revoked, the operator, within sixty days after receiving notice, shall substitute for the surety a good and sufficient corporate surety authorized to do business in this State or file with the department division one of the alternative forms of surety prescribed in this section. Upon failure of the operator to make the substitution, the permit must be suspended until the substitute bond is posted and written documentation is provided to the department division.

Section 48-20-120. Within thirty days following the end of the state fiscal year, and each year thereafter until reclamation is completed and approved, the operator shall file a report of activities completed during the preceding year for each permitted mining operation on a form prescribed by the department division which at a minimum:

(1) identifies the mine, the operator, and the permit number;

(2) states acreage disturbed by mining in the last twelve-month period;

(3) states and describes the amount and type of reclamation by segments carried out in the last twelve-month period;

(4) estimates acreage to be newly disturbed by mining in the next twelve-month period;

(5) states and describes the amount and type of reclamation by segments, expected to be carried out in the next twelve-month period;

(6) provides maps as specifically requested by the department division. As part of the annual report, the department division may assess and collect an annual operating fee for each mine. The department division may assess and collect a penalty following written notification to the operator by the department division for each annual report and annual operating fee not filed within thirty days following the end of the state fiscal year. If the required operating fee and the annual report are not filed by December thirty-first following the end of the state fiscal year, the department division shall give written notice to the operator and then initiate permit revocation proceedings in accordance with the provisions of Section 48-20-160.

Section 48-20-130. Upon receipt of the operator's annual report or report of completion of reclamation and at any other reasonable time the department division may elect, the department division shall inspect the permit area to determine if the operator has complied with the reclamation plan, the requirements of this chapter, regulations promulgated by its authority, and the terms and conditions of his permit. Accredited representatives of the department division at all reasonable times may enter upon the land subject to the certificate of exploration or operating permit for the purpose of making the inspection. The operator shall proceed with reclamation as scheduled in the approved reclamation plan. Following its inspection, the department division shall give written notice to the operator of any deficiencies noted. The operator shall commence action within thirty days to rectify these deficiencies and proceed diligently until they have been corrected. The department division may extend performance periods referred to in this section and in Section 48-20-90 for delays clearly beyond the operator's control but only in cases where the department division finds that the operator is making every reasonable effort to comply. In the absence of corrective action by the operator to rectify deficiencies where previous written notice has been given, the department division may issue a notice of uncorrected deficiencies or violations. Upon completion of reclamation of an area of affected land, the operator shall notify the department division. The department division shall make an inspection of the area and, if it finds that reclamation has been properly completed, it shall notify the operator in writing and release him from further obligations regarding the affected land. At the same time, it shall release all of the appropriate portion of a performance bond or other security which he has posted under Section 48-20-110. If at any time the department division finds that reclamation of the permit area is not proceeding in accordance with the reclamation plan and that the operator has failed within thirty days, or any extension of that date after receiving a notice of uncorrected deficiencies to commence corrective action, or if the department division finds that reclamation has not been completed properly in conformance with the reclamation plan within two years, or longer if authorized by the department division, after termination of mining on any segment of the permit area, the operator shall show cause why it has not complied, and, upon just cause given, an extension of time to comply must be granted. If just cause is not demonstrated, the department division shall initiate forfeiture proceedings against the bonds or other security filed by the operator under Section 48-20-170. The failure constitutes grounds for suspension or revocation of the operator's permit as provided in Section 48-20-160.

Section 48-20-140. The department division may assess an administrative fee as part of the issuance of notices of uncorrected deficiencies or violations. A fee of two hundred fifty dollars may be assessed for the first notice of uncorrected deficiencies or violations with subsequent notices for the same deficiencies assessed at five hundred dollars a notice. The operator may appeal the issuance of the notice of uncorrected deficiencies and violations and administrative fees as provided in Section 48-20-190.

Section 48-20-150. If at any time it appears to the department Land Resources and Conservation Districts Division that the activities under the reclamation plan and other terms and conditions of the operating permit are failing to achieve the purposes and requirements of this chapter, it shall give the operator written notice of that fact, of its intention to modify the reclamation plan and other terms and conditions of the permit in a stated manner, and of the operator's right to a hearing on the proposed modification at a stated time and place. The date for the hearing may not be less than thirty nor more than sixty days after the date of the notice unless the department division and the operator mutually agree on another date. Following the hearing, the department division may modify the reclamation plan and other terms and conditions of the permit in the manner stated in the notice or in such other manner it considers appropriate in view of the evidence submitted at the hearing.

Section 48-20-160. Whenever the department division believes a violation of this chapter, a regulation promulgated under it, or the terms and conditions of a permit, including the approved reclamation plan, has taken place, it shall serve written notice of that fact upon the operator, specifying the facts constituting the apparent violation and informing the operator of his right to a hearing at a stated time and place. The date for the hearing may not be less than thirty nor more than sixty days after the date of the notice, unless the department division and the operator mutually agree on another date. The operator may appear at the hearing, either personally or through counsel, and present evidence he desires in order to prove that no violation has taken place or exists. If the operator or his representative does not appear at the hearing, or if the department division following the hearing finds that there has been a violation, the department division may suspend the permit until the violation is corrected or may revoke the permit where the violation appears to be wilful. The effective date of a suspension or revocation is sixty days following the date of the decision. An appeal to the council commissioners under Section 48-20-190 stays the effective date until the council's commissioners' decision. A further appeal to the court of common pleas under Section 48-20-200 stays the effective date until the date of the court judgment. If the department division finds at the time of its initial decision that a delay in correcting a violation may result in imminent peril to life or danger to property or to the environment, it shall initiate promptly a proceeding for injunctive relief under Section 48-20-230. The pendency of an appeal from a suspension or revocation of a permit has no effect upon the action. An operator whose operating permit has been suspended or revoked must be denied a new permit or a reinstatement of the suspended permit to engage in mining until he gives evidence satisfactory to the department division of his ability and intent to comply fully with the provisions of this chapter, regulations promulgated under it, and the terms and conditions of his permit, including the approved reclamation plan, and that he has corrected satisfactorily all deficiencies or previous violations.

Section 48-20-170. Whenever the department division determines the necessity of a bond forfeiture under the provisions of Section 48-20-130, or whenever it revokes an operating permit under the provisions of Section 48-20-160, it shall request the Attorney General to initiate forfeiture proceedings against the bond or other security filed by the operator or explorer under Section 48-20-110, but no such request may be made for forfeiture of a bond until the surety has been given written notice of the violation and a reasonable opportunity of at least sixty days to take corrective action. The proceedings must be brought in the name of the State of South Carolina. In the proceedings, the face amount of the bond or other security, less any amount released by the department division pursuant to Section 48-20-130, must be treated as liquidated damages and subject to forfeiture. All funds collected as a result of the proceedings must be placed in a special fund and used by the department division to carry out, to the extent possible, and in a cost-effective manner, the reclamation measures which the operator or explorer has failed to complete. Funds remaining after the reclamation plan has been completed must be refunded to the surety. If the amount of the bond or other security filed pursuant to this section proves to be insufficient to complete the required reclamation pursuant to the approved reclamation plan, the operator or explorer is liable to the department division for any excess above the amount of the bond or other security which may be required to defray the cost of completing the required reclamation.

Section 48-20-180. Whenever written notice must be given by the department division, it must be mailed by registered or certified mail to the permanent address of the operator set forth in his most recent application for an operating permit or for a modification of a permit. No other notice is required.

Section 48-20-190. An applicant for a certificate of exploration or operating permit or a person who is aggrieved and is directly affected by the permit may appeal to the council commissioners from a decision or determination of the department division issuing, refusing, modifying, suspending, revoking, or terminating a certificate of exploration or operating permit or reclamation plan, or imposing a term or condition on the certificate, permit, or reclamation plan. An explorer or operator may appeal to the council commissioners from a decision or determination of the department issuing a notice of deficiencies or violations and administrative fees or assessing civil penalties. The person taking the appeal within thirty days after the department's division's decision shall give written notice to the council commissioners through its secretary that he desires to appeal and filing a copy of the notice with the department division at the same time. If more than one appeal regarding the same certificate, permit, or reclamation plan is filed with the council commissioners within the thirty-day period following the decision by the department division, the council commissioners may consolidate the hearing and review of the appeals by the council commissioners. The chairman of the council commissioners shall fix a reasonable time, not less than twenty nor more than forty days from the receipt of the appeal, and place for a hearing, giving reasonable notice to the applicant, appellant, and to the department division. The council commissioners, or their designee or a committee of the council designated by the council's rules of procedure, or if agreed by appellant, the council, the operator, and the department, a hearing panel consisting of one or more individuals shall conduct a full and complete hearing as to the matters in controversy, and within thirty days shall give a written decision setting forth its findings of fact and its conclusions. The council commissioners or its designated committee or the hearing panel may affirm, affirm with modifications, or overrule the decision of the department and may direct the department to take action required to effectuate its decision. A further appeal may be taken from the appellate decision to the court of common pleas as provided in Section 48-20-200.

Section 48-20-200. An appeal to the courts may be taken from any decision of the council commissioners, or its designated committee or the hearing panel, in the manner provided by Chapter 7 of Title 18. An appeal also may lie against the department's division's refusal to release part or all of a bond or other security posed under Section 48-20-110 as provided in Section 48-20-130. The appeal may be filed in the court of common pleas for Richland County or for the county in which the mining operation is to be conducted.

Section 48-20-210. The council department shall promulgate regulations to implement the provisions of this chapter as provided by Article 1, Chapter 23 of Title 1. No standards, rules or regulations pertaining to mining shall be adopted, modified, promulgated or repealed by the department except after consultation with the council as created in Sections 48-21-10 and 48-28-20. The regulations must set forth the duties of operators applying for certificates of exploration and operating permits under this chapter and also those of the department director, his subordinates, or designees. No regulation becomes effective until after public hearings before the council commissioners or its designee(s). The public hearings are to be held after thirty days, notice of which has been published in the Administrative Procedures Act and sent to each person who has requested to be notified by the council commissioners of the hearing and notice published for three weeks in a newspaper having general circulation in the State.

Section 48-20-220. Whenever an explorer engages in exploration without obtaining a certificate of exploration, or whenever an operator engages in mining without obtaining a valid operating permit or conducts mining outside of the permitted land or does not comply with the approved reclamation plan and schedule following termination of mining, the department may issue an immediate cease and desist order. In addition to the issuance of the order, the department may seek a restraining order or injunction pursuant to Section 48-20-230. Whenever an explorer engages in exploration without obtaining a certificate of exploration, or whenever an operator conducts mining without a valid operating permit or conducts mining outside of the permitted land or does not comply with the approved reclamation plan and schedule following termination of mining, the explorer or operator may be subject to a civil penalty assessed by the department of not more than one thousand dollars for each offense. Each day of continued violation after issuance of a cease and desist order may be considered a further and separate offense. The severity of the violation, the need to deter future violations, and the magnitude of potential or actual gains resulting from the violation must be considered in determining the amount of the civil penalty. Orders and penalties issued pursuant to this section may be appealed under the provisions of Section 48-20-190. No civil penalties may be assessed on existing permitted mining operations until July 1, 1991.

Section 48-20-230. In addition to other penalties provided by this chapter, an operator who engages in mining in wilful violation of the provisions of this chapter or of regulations promulgated under it or who wilfully misrepresents a fact in an action taken pursuant to this chapter or wilfully gives false information in an application or report required by this chapter is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than one thousand dollars for each offense. Each day of continued violation after written notification is a separate offense. In addition to other remedies, the department division may institute an appropriate action or proceedings to prevent, restrain, correct, or abate a violation of this chapter or a regulation promulgated under this chapter.

Section 48-20-240. All fees and civil penalties collected under the provisions of this chapter must be deposited in the general fund through the State Treasurer.

Section 48-20-250. No provision of this chapter supersedes, affects, or prevents the enforcement of a zoning regulation or ordinance within the jurisdiction of an incorporated municipality or county or by an agency or department division of this State, except when a provision of the regulation or ordinance is in direct conflict with this chapter.

Section 48-20-260. No provisions of this chapter may restrict or impair the right of a private or public person to bring a legal or equitable action for damages or redress against nuisances or hazards.

Section 48-20-270. Nothing contained in this chapter and no action or failure to act under this chapter may be construed to impose liability on the State, commission department, division, district, or an agency, officer, or employee of the State for the recovery of damages caused by the action or failure to act.

Section 48-20-280. The provisions of this chapter do not apply to those activities of the State Highways and Department of Public Transportation Commission, nor of a person acting under contract with the commission department, on highway rights-of-way or borrow pits maintained solely in connection with the construction, repair, and maintenance of the public road systems of the State. This exemption does not become effective until the commission department has adopted reclamation standards applying to those activities. and the standards have been approved by the council. At the discretion of the department division, the provisions of this chapter may apply to mining on federal lands.

Section 48-20-290. The department Land Resources and Conservation Districts Division, with the approval of the Governor, and in order to accomplish any of the purposes of the department division, may apply for, accept, and expend grants from the federal government and its agencies and from a foundation, corporation, association, or individual may enter into contracts relating to the grants, and may comply with the terms, conditions, and limitations of the grants or contracts. The department division may engage in appropriate research to further its ability to accomplish its purposes under this chapter and may contract for the research to be done by others. The department division may cooperate with the federal, state, or a local government or agency of this or any other state in mutual programs to improve the enforcement of this chapter or to accomplish its purposes more successfully.

Section 48-20-295. The Land Resources and Conservation Districts Division,shall be directly accountable to and subject to the director of the department.

Section 48-20-300. All lands mined subsequent to July 1, 1974, must be included in a reclamation plan.

Section 48-20-310. The civil penalties imposed upon certain violations of this chapter, including failure to act, do not include a violation which was caused by an act of God, war, strike, riot, or other catastrophe when negligence on the part of the violator was not the proximate cause."

SECTION 376. Section 48-21-20 is amended to read:

"Section 48-21-20. (a) The "mining council" is established in the office of the Governor. The council is the advisory body referred to in Article V(a) of the Interstate Mining Compact. Members of the council and the Governor's alternate on the Interstate Mining Commission shall receive the per diem, mileage, and subsistence allowed by law for members of state boards, committees, and commissions.

(b) The council shall be composed of eleven members. One member shall be the State Geologist and one member shall be appointed by the Governor from among the board members of the State Development Board upon the recommendation of its chairman the Secretary of the Department of Commerce and Economic Development or his designee. Three members, appointed by the Governor with the advice and consent of the Senate, shall be representatives of mining industries; three members, appointed by the Governor with the advice and consent of the Senate, shall be representatives of nongovernmental conservation interests; two members, appointed by the Governor with the advice and consent of the Senate, shall be representatives of the South Carolina Water Resources Commission Water Resources Division of the Department of Wildlife, Marine and Natural Resources or Department of Health and Environmental Control who shall be knowledgeable in the principles of water and air resources management; and one member, appointed by the Governor, shall be his official representative to the Interstate Mining Compact Commission. Any public official appointed to the council shall serve ex officio. The term of office for the member of the State Development Board shall be coterminous with his appointment to such board Secretary of the Department of Commerce and Economic Development or his designee and the term of office of the Governor's official representative to the Interstate Mining Compact Commission shall be coterminous with that of the Governor. Of the remaining eight members appointed by the Governor, six shall be appointed for terms of six years, two shall be appointed for terms of two years and beginning July 1, 1976, the term of office for all new appointments and reappointments to these eight positions shall be for four years. The term of each member of the council shall expire on June thirtieth of the year in which his term expires. Any vacancy occurring on the council by death, resignation or otherwise shall be filled for the unexpired term of the person creating the vacancy by the Governor.

(c) In accordance with Article V (i) of the compact, the commission shall file copies of its bylaws and any amendments thereto with the Executive Director, South Carolina Land Resources Conservation Commission Department of Wildlife, Marine and Natural Resources."

SECTION 377. Title 48 of the 1976 Code is amended by adding:

Section 48-22-10. The State Geologist and Geological Mapping Division, is hereby created. The division shall be under the direction of the Department of Wildlife, Marine and Natural Resources. The State Geologist shall be appointed by the Department of Wildlife, Marine and Natural Resources. He shall have graduated from an accredited college or university with a full curriculum in geology and shall have had at least five years of practical work experience, academic, governmental or industrial, in geology.

Section 48-22-20. The powers and duties provided for the State Geologist and Geological Mapping Division of the Budget and Control Board are devolved upon the Department of Wildlife, Marine and Natural Resources. All property, equipment and personal services monies, including all employee contributions and other fringe benefits used by the Geological Survey within the Division of Research and Statistical Services of the Budget and Control Board prior to the adoption of this section shall be transferred to the Department of Wildlife, Marine and Natural Resources.

Section 48-22-30. The State Geologist shall have supervision of the entire work of the division and shall be responsible for its accuracy. He shall travel throughout the State so as to make himself familiar with the geology and mineral resources of each section, and supervise work in progress; shall undertake such field and laboratory work as his time will permit; and shall perform such other duties as properly pertain to his office. He may, as directed by the department, employ geologists, technicians, and such other personnel as may be necessary to conduct the objectives of the division.

Section 48-22-40. In addition to such other duties as may be assigned to it, the division shall:

(1) Conduct field and laboratory studies in geologic reconnaissance, mapping, prospecting for mineral resources, and related gathering of surface and subsurface data. Investigative areas shall include offshore, as well as all onshore, lands in this State.

(2) Provide geologic advice and assistance to other State and local governmental agencies engaged in environmental protection, or in industrial or economic development projects. In addition, the division shall be actively involved in geologic aspects of regional planning and effective land use in the State.

(3) Encourage economic development in the State by disseminating published geologic information as bulletins, maps, economic reports and related series, and also open-file reports, to appropriate governmental agencies and private industry. The division is further encouraged to initiate and maintain appropriate industrial contacts, to promote both the extraction and conservation of South Carolina's earth raw materials, and their manufacture, to the economic improvement of the State.

(4) Provide unsolicited advice, when appropriate, to the Mining Council and its associated state regulatory agency, on geologic and related mining matters in keeping with the intent of the South Carolina Mining Act.

(5) Operate and maintain a central, statewide repository for rock cores, well cuttings and related subsurface samples, and all associated supplemental data. Private firms and public agencies are encouraged to notify the division prior to any exploratory or developmental drilling and coring.

(6) Be the State's official cooperator on topographic mapping; provided, that the Federal expenditure for such purposes shall at least equal that of the State, and may conduct cooperative work with appropriate agencies of the United States Government in its geologic activities and investigations.

(7) Provide a minerals research laboratory, related to the identification, extraction, and processing of industrial minerals and minerals of economic potential wherever found throughout the onshore and offshore areas of the State. The minerals research laboratory is encouraged to accept mineral research projects from South Carolina businesses or citizens on a per cost, per unit basis and to encourage expended use of the raw materials of the State.

The minerals research laboratory may accept public and private gifts or funds and may enter into cooperative agreements for the purpose of applied research in the metallic and nonmetallic minerals of this State.

Section 48-22-50. The division shall maintain all unpublished information in its files which shall be open to the public, except in cases where the investigator still has work in progress on a project leading to a publication; or where an industrial firm, interested in possibly locating in the State, asks temporary confidential status for oral and written geologic related information supplied by them or obtained on their properties.

In the latter instance such information may be held in confidence by the division for not more than one year from the date such information was obtained.

Section 48-22-60. The division shall work impartially for the benefit of the public, and no person, firm, or governmental agency may call upon or require the State Geologist or his staff to enter upon any special survey for his or their special benefit.

Section 48-22-70. The South Carolina Geodetic Survey established within the Division of Research and Statistical Services of the Budget and Control Board is hereby transferred to the Department of Wildlife, Marine and Natural Resources. The Geodetic Survey is constituted as part of the State Geologist and Geological Mapping Division. The division shall establish horizontal and vertical geodetic control within the State at a density that will effectively provide land and land-related items and records to be referenced to the national horizontal and vertical coordinate system, ensure the accuracy and integrity of new geodetic data entered into the state and national reference system, maintain geodetic files for the State, and disseminate geodetic information as necessary."

Section 48-22-80. The division shall have the responsibility of coordinating mapping activities in the State to ensure that mapping products are compatible with the South Carolina Coordinate System. As part of this activity, the division shall establish, develop, and promulgate standards for maps and map products to ensure quality, accuracy, and compatibility of mapping products, encourage the development of accurate mapping systems that are compatible with and suitable for incorporation into a standardized statewide mapping system, develop, maintain, and administer programs for funding qualified mapping projects, and serve as the focal point for federal, state, and local mapping programs and activities in South Carolina.

SECTION 378. Section 48-23-5 of the 1976 Code is amended by adding:

"Section 48-23-5. For the purposes of this chapter:

(A) `Commission' means the Department of Wildlife, Marine and Natural Resources Commission.

(B) `Committee' means the State Forestry Advisory Committee.

(C) `Department' means the Department of Wildlife, Marine and Natural Resources Commission.

(D) `Division' or `Forestry Division' means the Forestry Division of the Department of Wildlife, Marine and Natural Resources."

SECTION 379. Section 48-23-10 of the 1976 Code is amended to read:

"Section 48-23-10. The State Commission of Forestry is abolished. There is created and established a State Commission of Forestry Advisory Committee to consist of nine members, each of whom shall be a resident of this State and shall be appointed by the Governor. Of this commission committee, two members shall be practical lumbermen, one member shall be a farmer who is a landowner, three members shall be selected and appointed from the public at large, two members shall be appointed by the Governor from the public at large upon the advice and consent of the Senate and the ninth member shall be the President of Clemson University or the Dean of the School of Forestry to serve as his designee on the commission committee. The members of the commission committee shall be selected and appointed with reference to their knowledge of and interest in the forests of the State and the products derived therefrom. In making his appointments, the Governor shall make all reasonable effort to provide representation from every geographical section of the State and a reasonable balance between the interests of corporations and individuals."

SECTION 380. Section 48-23-20 of the 1976 Code is amended to read:

"Section 48-23-20. The terms of office of the present members of the State Commission of Forestry are hereby extended from the thirtieth day of May to the thirtieth day of June of the year in which their present terms expire. The successor to the member whose term expires hereunder on June 30, 1953 shall be appointed for a term of five years from that date, and the successors to the members whose terms expire on June 30, 1954, 1955 and 1956, respectively, shall be for a period of six years, and thereafter all appointive members shall be appointed for a term of six years. Upon the effective date of this act, current members of the State Forestry Commission shall become members of the Forestry Advisory Committee and shall serve until their present terms expire. Upon expiration of their term, the terms of office of the members of the committee are for six years. The president of Clemson University shall continue a member of the Commission committee as long as he retains his office as president of the University."

SECTION 381. Section 48-23-30 of the 1976 Code is amended to read:

"Section 48-23-30. The members of the Commission committee shall from their number select a chairman whose duty shall be to call the Commission committee together as often as the public interests and need demand. The place of the meeting shall be designated by the chairman, who shall likewise designate a place for the headquarters of the State Forester".

SECTION 382. Section 48-23-40 of the 1976 Code is amended to read:

"Section 48-23-40. The members of the Commission shall be paid their actual expenses while in attendance upon the meetings of the Commission or while going to and from such meetings. Members of the committee shall receive no salary for the performance of their duties but shall be entitled to such per diem, subsistence, and mileage as authorized by law for members of boards, commissions, or committees."

SECTION 383. Section 48-23-50 of the 1976 Code is amended to read:

"Section 48-23-50. The Commission shall appoint and employ a State Forester, who shall be a technically trained forester with at least two years' experience in technical, practical and administrative work, and shall fix his compensation. The State Forester shall be the director of the Forestry Division of the Department of Wildlife, Marine and Natural Resources. The State Forester shall perform all such duties as shall be directed by the Commission and shall be charged with the direction of all matters relative to forestry as authorized by the provisions of Sections 48-23-60 to 48-23-90, subject, however, to the supervision and control of the Commission. The State Forester may be removed by the Commission, if he is, or in the opinion of the Commission becomes, for any cause unsuitable or incompetent."

SECTION 384. Section 48-23-60 of the 1976 Code is amended to read:

"Section 48-23-60. The State Forester shall serve as the secretary of the Commission and shall be is the custodian of the books, records and papers of the Commission Forestry Division of the department which he shall keep at the headquarters designated by the Commission."

SECTION 385. Section 48-23-70 of the 1976 Code is amended to read:

"Section 48-23-70. Any person who:

(1) Without permission of the State Commission of Forestry Division, shall remove any shrub or tree, or attempt so to do, from any State forest;

(2) Shall cut or mutilate any shrub or tree growing in any State forest without such permission;

(3) Shall mutilate or deface any property, real or personal, upon any State forest; or

(4) Shall destroy scenic values, by dumping rubbish or in any other way whatsoever, within the confines of any State forest;

Shall be guilty of a misdemeanor and, upon conviction shall be punished by a fine of not more than one hundred dollars or imprisonment for not more than thirty days, within the discretion of the court."

SECTION 386. Section 48-23-80 of the 1976 Code is amended to read:

"Section 48-23-80. The State Commission of Forestry department may acquire, own, sell, lease, exchange, transfer, rent, pledge and mortgage real and personal property and cooperate with all agencies of the Federal Government in all matters pertaining to reforestation and providing employment for the benefit of the public and may also cooperate with any other department of government of this State to accomplish the intent and purposes of this chapter, and any and all powers deemed necessary for the Commission department to conform to any act of Congress or to any rule or regulation promulgated by any duly authorized agency of the Federal Government is hereby vested in the Commission department".

SECTION 387. Section 48-23-85 of the 1976 Code is amended to read:

"Section 48-23-85. The Forestry Commission department may negotiate agreements with Federal Agencies for providing fire, detection, presuppression, and suppression services on Federal lands. The charges for these services must be no less than the cost to the Commission department for rendering the services. All receipts from services provided by the Commission department must be used to offset the cost of providing the services. When the State Forester department determines the assistance received from a federal agency on adjoining private or state lands equals that provided by the state on federal lands, no charges will be made."

SECTION 388. Section 48-23-86 of the 1976 Code is amended to read:

"Section 48-23-86. The State Forester shall take immediate action upon report of a forest disaster to determine the extent of damage by conducting ground and aerial surveys including photography if necessary. When conditions warrant, upon recommendation of the State Forester, the department shall declare that a forest disaster exists and notify the Governor of his this action. All necessary resources of the Forestry Commission Division may be used to assist citizens and local governments on public and private land where life or health is in danger. The Forestry Commission Division shall also assist other state agencies, utility companies and cooperatives, in the clearing of transportation routes, and power and communication lines. The Forestry Commission Division shall develop a Forest Disaster Plan to provide for systematic salvage and utilization of all forest products damaged by disasters of all types. This plan shall provide methods to coordinate all forestry community interests and groups to conserve the damaged forest resources of South Carolina, protect the environment and reestablish forests on the damaged areas. After the disaster area has resumed normal status and salvage is completed, upon recommendation of the State Forester, the department shall declare the forest disaster over, compile a report of the disaster, and inform the Governor."

SECTION 389. Section 48-23-90 of the 1976 Code is amended to read:

"Section 48-23-90. The Commission department shall inquire into and make an annual report to the General Assembly upon the forest conditions in the State, with reference to the preservation of forests, the effect of the destruction of forests upon the general welfare of the State and other matters pertaining to the subject of forestry and tree growth, including recommendations to the public generally as to reforestation.

It shall take such action and afford such organized means as may be necessary to prevent, control and extinguish fires, including the enforcement of any and all laws pertaining to the protection of the forests and woodlands of the State.

It shall give such advice, assistance and cooperation as may be practical to private owners of land and promote, so far as it may be able, a proper appreciation by the public of the advantages of forestry and the benefits to be derived from forest culture and preservation.

It shall cooperate with the Federal Government in the distribution of funds allotted to the State for forestry purposes and shall assist in the enforcement of all laws pertaining thereto. It shall have the control of the expenditure of all funds received by it.

SECTION 390. Section 48-23-95 of the 1976 Code is amended to read:

"Section 48-23-95. The State Commission of Forestry department shall prescribe and prepare a special official summons form to be used exclusively by its forest law enforcement officers enforcement officers of the Natural Resource Enforcement Division of the department in making arrests for offenses punishable by fines not to exceed two hundred dollars or imprisonment not to exceed thirty days.

Any person charged with such offenses shall, upon service of the commission summons by a forest law an enforcement officer, appear in the court therein named at the time and place designated and such service shall vest in the court jurisdiction to hear and dispose of the charge for which the summons was issued."

SECTION 391. Section 48-23-96 of the 1976 Code is amended to read:

"Section 48-23-96. The South Carolina Forestry Commission division shall appoint officers for forest law enforcement whose terms of office shall be permanent unless revoked by the Commission. Officers may be removed by the State Forester or the Commission on proof satisfactory to it that they are not fit persons for such positions. Such officers shall carry out the forest law enforcement responsibilities of the Commission division, including the training of other personnel, shall enforce statutes enacted for the protection of forests and woodlands from fire, insects and diseases, and shall make arrests for violations of forestry laws.

Such officers shall have authority to obtain and serve warrants including warrants for violations of any duly enacted regulations of the Forestry Commission of the department which affect the division. Such officers do not have authority to enforce any other laws and regulations of the department and are not enforcement officers of the Natural Resource Enforcement Division of the department.

The Forestry Commission department shall, in coordination with the Criminal Justice Academy, establish training programs consistent with the Commission's division's particular needs in forest law enforcement."

SECTION 392. Section 48-23-100 of the 1976 Code is amended to read:

"Section 48-23-100. The State Commission of Forestry Division may grow forest tree seedlings and transplants and sell the same at a sum not to exceed the average cost of production and distribution to landowners desiring to plant them for reforestation purposes.

No trees shall be sold by the Commission division under the provisions of this section that are to be planted for table trees, potted trees or shade trees or for ornamental use; provided, however, that nothing contained herein shall be construed to prohibit the Commission division from growing seedlings or transplants for distribution to be planted on State or Federal lands, public school grounds and other public institutions or along the State highways.

All receipts from the sale of forest tree seedlings or transplants under the provisions of this section shall be paid into the State Treasury and shall become a revolving fund for the use by the Commission division in the operation of forest tree nurseries.
The commission division may refund deposits placed with it for tree seedling orders. When demand for forest tree seedlings from landowners in this State exceeds the supply available from commission division nurseries, the commission division may purchase seedlings for resale at cost plus shipping and one dollar a thousand for administrative costs. The revenue received from the resale and distribution of these seedlings must be retained in a seedling purchase revolving fund and expended only for that purpose."

SECTION 393. Section 48-23-110 of the 1976 Code is amended to read:

"Section 48-23-110. The State Budget and Control Board shall convey to the State Commission of Forestry department certain wastelands now owned by such Board or hereafter owned by the State, as in the judgment of the Board may be to the interest of the State for forestry development, reforestation or other uses of the State Commission of Forestry Division.

Upon the sale of trees, timber or other articles or things upon such lands conveyed to the Commission department by the Board or upon the sale of such lands so conveyed, the Commission department shall pay to the Board a sum equal to the amount chargeable against such lands at the time of such conveyance."

SECTION 394. Section 48-23-120 of the 1976 Code if amended to read:

"Section 48-23-120. The State Commission of Forestry department may acquire, by purchase, gift or otherwise, submarginal agricultural lands and cut over forest lands in this State at an average price not to exceed five dollars per acre and in no event above ten dollars per acre and use such lands for timber production, demonstration in forestry practice, erosion and flood prevention, game sanctuaries, public shooting grounds and places of general recreation."

SECTION 395. Section 48-23-130 of the 1976 Code is amended to read:

"Section 48-23-130. The State Commission of Forestry department may enter into agreements with the Federal Government or other agencies for acquiring by lease, purchase or otherwise such lands as in the judgment of the Commission department are desirable for State forests. When lands are acquired or leased under this section the Commission department may make expenditures from any funds not otherwise obligated for the management, development and utilization of such areas and may sell or otherwise dispose of products from such lands and make such rules and regulations as may be necessary to carry out the purposes of this section."

SECTION 396. Section 49-23-135 of the 1976 Code is amended to read:

"Section 48-23-135. In order to finance the cost of acquiring land for use as a second generation tree seed orchard, additional seedling production facilities, and field offices, the State Forestry Commission department may borrow from one or more financial institutions or from whatever other source is appropriate not exceeding two million dollars for a period of time as needed, not exceeding twenty years, and upon the terms and conditions the commission, with the approval of the State Budget and Control Board, agrees upon."

SECTION 397. Section 48-23-136 of the 1976 Code is amended to read:

"Section 48-23-136. Notwithstanding any other provision of law, for the payment of the loan and the interest thereon, there is annually pledged all revenues derived from the sale of timber from Forestry Commission department lands which exceed the amount of one hundred eight thousand, six hundred seventy dollars to be credited to the General Fund of the State and those funds designated for allocation to counties under the provisions of Section 48-23-260 of the 1976 Code, and all donations and revenues made available to the Commission department for this purpose. Each year, after allocation of revenue from timber sales to the General Fund, counties, and the payment of principal and interest on the loan, any remaining funds may be used for the reforestation of Forestry Commission department lands cut pursuant to this section and Section 48-23-135. Any unexpended balance at the close of each fiscal year must be carried forward and expended in accordance with the provisions of this section and Section 48-23-135."

SECTION 398. Section 48-23-140 of the 1976 Code is amended to read:

"Section 48-23-140. The State Commission of Forestry department may accept and hold gifts, donations or contributions from individuals, associations, corporations, counties, municipalities, the Federal Government or other agencies and may acquire real estate for purposes within the powers and duties of the Commission department. Any gift, donation or contribution accepted and held by the Commission department under the provisions of this section shall be used for the purpose specified by the donor. The Commission department may accept conveyances and leases of real and personal property for, in the name of, and on behalf of the State from the Secretary of the Interior of the United States, subject to the terms and conditions of the act of Congress of June 6, 1942 (56 US Statutes 326)."

SECTION 399. Section 48-23-150 of the 1976 Code is amended to read:

"Section 48-23-150. All of such funds shall be disbursed by the State Treasurer upon warrants drawn by the State Commission of Forestry department."

SECTION 400. Section 48-23-160 of the 1976 Code is amended to read:

"Section 48-23-160. The Commission department may sell, exchange or lease lands under its jurisdiction when in its judgment it is advantageous to the State to do so for the most orderly development and management of State forests, except that no such sale, lease or exchange shall be contrary to the terms of any contract which the Commission department has entered into."

SECTION 401. Section 48-23-170 of the 1976 Code is amended to read:

"Section 48-23-170. Whenever it shall become necessary to execute deeds, mortgages or contracts to carry out any of the provisions of this chapter the Commission may, by resolution duly adopted, delegate the execution and delivery of any such documents to the chairman of the Commission and the State Forester executive director of the department. Such instruments shall be executed in the name of the State Commission of Forestry department, shall be signed by the chairman of the commission and the executive director of the department and by the State Forester and, in case of deeds or mortgages, shall be witnessed and probated as required by law. Such instruments, when so authorized by resolution of the Commission commission, executed as above set out and delivered, shall be in all respects the acts of the State Commission of Forestry department and shall be binding upon it as fully as if executed by the members of the Commission themselves."

SECTION 402. Section 48-23-180 of the 1976 Code is amended to read:

"Section 48-23-180. The State Commission of Forestry Division may mark or tally trees under approved forestry practices preparatory to the cutting or using of such trees for lumber, veneer, poles, piling, pulpwood, cordwood and all other forest products when and if requested by the landowner or his agent. The landowner or his agent shall pay to the Commission division for such services for forested tracts of five hundred acres or less five per cent of the sale price of the stumpage so marked within thirty days following the removal of the timber or ten per cent of the agreed upon value of the products so marked and for all forested tracts in excess of five hundred acres such amount on the first five hundred acres and twenty per cent of the sale price of the stumpage so marked upon all acres in excess of five hundred. Such amount shall be paid by the Commission department to the State Treasurer and by him credited to the Federal revolving fund now in existence, for use for the purpose of this section and for general forestry purposes."

SECTION 403. Section 48-23-190 of the 1976 Code is amended to read:

"Section 48-23-190. The State Commission of Forestry Division may permit telephone line attachments to its poles under such terms and conditions as the Commission division deems advisable and charge standard rental rates therefor. But before the Commission division shall grant authority for such attachments it shall require the applicant to sign an agreement prescribed by the Commission division, setting forth the terms and conditions under which such attachments shall be installed and maintained."

SECTION 404. Section 48-23-200 of the 1976 Code is amended to read:

"Section 48-23-200. The State Commission of Forestry department, in consultation with the Forestry Advisory Committee, may make such rules and regulations as it deems advisable for the protection, preservation, operation and maintenance, and for the most beneficial service to the general public, of the State forests in this State."

SECTION 405. Section 48-23-210 of the 1976 Code is amended to read:

"Section 48-23-210. The Commission department may pledge fifty per cent of the net income from lands acquired under Section 48-23-120 for the repayment of labor costs incurred under Federal laws pertaining to reforestation, should such be made a requisite by the Federal Government."

SECTION 406. Section 48-23-220 of the 1976 Code is amended to read:

"Section 48-23-220. The State Commission of Forestry department may borrow from time to time sums of money not exceeding five hundred thousand dollars from any source available and issue evidences of indebtedness therefor in the form of notes or bonds, as may be determined by the Commission, at a rate of interest not exceeding six per cent per annum, payable either annually or semiannually, as the Commission may determine, and with such maturities as may be determined by the Commission, not exceeding, however, twenty years from the date of issue of the first obligation issued hereunder. The Commission may secure any sums borrowed under the terms hereof by mortgage of any property owned by it the department and it the commission may also pledge any and all income of every kind and pledge any and all rents, incomes, issues and profits accuring accruing to it the department from any of its properties and any rights or privileges accruing to it under any contract of sale or lease. Unless otherwise provided herein, all of the details of any loan and the manner of execution of the evidences of indebtedness and of the mortgages or other security authorized to be pledged shall be within the discretion of the Commission."

SECTION 407. Section 48-23-230 of the 1976 Code is amended to read:

"Section 48-23-230. The State is in no manner liable for any debt incurred under the terms of Section 48-23-220 but all such obligations shall be met by the State Forestry Commission department out of moneys coming into its hands from the property pledged pursuant to this chapter and at least fifty per cent of its income from sales, issues, rents, profits and leases pursuant to this chapter shall be applied annually to the payment of principal and interest due on any such loan."

SECTION 408. Section 48-23-240 of the 1976 Code is amended to read:

"Section 48-23-240. Obligations for the acquisition of land incurred by the Commission department under the authority of Section 48-23-130 shall be paid solely and exclusively from revenues derived from such lands and shall not impose any liability upon the general credit and taxing power of the State."

SECTION 409. Section 48-23-250 of the 1976 Code is amended to read:

"Section 48-23-250. The revenues derived from lands owned by the Commission department shall be segregated by the State Treasurer for the use of the Commission department in the acquisition, management, development and use of such lands until all obligations incurred have been paid in full. Fifty per cent percent of all net profits accruing from the administration of such lands shall be applicable for such purposes as the General Assembly may prescribe and fifty per cent shall be paid into the school fund of the county in which the lands are located."

SECTION 410. Section 48-23-260 of the 1976 Code is amended to read:

"Section 48-23-260. The State Treasurer shall pay to any county containing State forest lands an amount equal to twenty-five per cent of the gross proceeds received by the State in each fiscal year from the sale of timber, pulpwood, poles, gravel, land rentals and other privileges on such State forest lands in any such county. This provision shall apply to all State forest lands managed or operated by the State Commission of Forestry Division whether they be owned in fee by the State or leased from the United States, but this provision shall not apply to State parks. The funds herein provided for shall be spent for general school purposes. Where a particular State forest lies in more than one county or school district, the funds derived from such State forest and to be paid by the State Treasurer shall be apportioned on the basis of land acreage involved. All funds distributed under the provisions of this section shall be spent upon the approval of a majority of the county legislative delegation, including the Senator."

SECTION 411. Section 48-23-270 of the 1976 Code is amended to read:

"Section 48-23-270.

(1) The State Commission of Forestry Division is hereby authorized to expend annually an amount not to exceed one half the total receipts derived annually from the State parks (sale of timber products only) under the administration of the Commission division in order to commence a program not exceeding seven years to carry out scrub oak eradication operations, timber stand improvement and other management activities on State park lands and for the reforestation of such treated areas. Provided, the State Commission of Forestry division shall first expand such funds as are derived hereunder for necessary reforestation projects and fixtures within the park from which timber has been cut and only thereafter shall such funds be expended on other State parks. The other half of the total receipts derived annually from the State parks and all unexpended funds, at the end of each fiscal year, heretofore herein authorized to be spent by the State Commission of Forestry division for the purposes herein stated, shall be deposited to the general fund of the State. Provided, the State Treasurer shall pay to any county containing State park lands an amount equal to twenty-five per cent of the gross proceeds received by the State in each fiscal year from the sale of timber, pulpwood, and other timber products on such State park lands in any such county, which said payments shall be in lieu of taxes. This provision shall apply to all State park lands managed or operated by the State Commission of Forestry division whether they be owned in fee by the State or leased from the United States and irrespective of Section 48-23-260. Where a particular State park lands lies in more than one county, the funds derived from such State park lands and to be paid by the State Treasurer shall be apportioned on the basis of land acreage involved. All funds distributed under the provision of this section shall be spent upon the approval of a majority of the county legislative delegations, including the Senator. The Commission department may enter into contracts with such persons as may be necessary in order to carry out the provisions of this section. All timber shall be cut consistent with good forestry practices and such cutting shall not impair the value of the State parks as to beauty or for recreational purposes and no such timber shall be cut without the approval of the State Budget and Control Board.

(2) The program herein authorized shall commence as soon as is practicable after June 8, 1965. Provided, that no expenditures or contracts authorized by this section shall be made without the approval of the State Budget and Control Board.

SECTION 412. Section 48-23-280 of the 1976 Code is amended to read:

"Section 48-23-280. The Commission Forestry Division may expend annually an amount not to exceed the total receipts derived annually from the State forests under the administration of the Commission division in order to commence a program not exceeding seven years to carry out scrub oak eradication operations on the Manchester and Sandhills State Forests and for the reforestation of such treated areas at a minimum rate of four thousand acres annually. The Commission department may enter into contracts with such persons as may be necessary in order to carry out the provisions of this section. The program authorized in this section shall commence as soon as is practicable after May 24, 1960. No expenditures or contracts authorized by this section shall be made without the approval of the State Budget and Control Board. The provisions of this section shall in no way affect the provisions of Section 48-23-260."

SECTION 413. Section 48-23-290 of the 1976 Code is amended to read:

"Section 48-23-290. The State Commission of Forestry Division may use the income from the Sand Hills State Forest, with the approval of the State Budget and Control Board, for the operation, development, and obligations of the forest and other purposes. Income not expended in one year must be retained by the commission division and carried forward each year for use pursuant to this section. The commission department shall promulgate regulations necessary to carry out this section."

SECTION 414. Section 48-23-295 of the 1976 Code is amended to read:

"Section 48-23-295.

(A) The State Commission of Forestry Division may make available forestry services consisting of scientific, technical, and practical services to landowners of the State to assist them in the afforestation, reforestation, and maximum production of their woodland. These services consist of specialized equipment and operators or rental of the equipment to perform labor and services necessary to carry out approved forestry practices including mechanical and chemical site preparation, processing forest tree seed, forest tree planting, insect and disease control, prescribed burning, firebreak plowing, and other appropriate practices to assist landowners in maximum production of their woodland.

(B) For the services or rentals a reasonable fee representing the commission's division's estimate of not less than the cost of the services or rentals must be charged. When the State Forester considers it in the public interest and upon approval by the commission, the services may be provided without charge to encourage the use of approved scientific forestry practices on private or other forestlands within the State or for the purposes of providing practical demonstrations of the practices.

(C) One hundred percent of the receipts from these activities and rentals must be retained by the commission division for administration and operation of the forestry services program in the units which the estimated costs determine the fees charged generating these receipts, provided, the receipts from processing forest tree seed may be used agencywide. The administration of this section is under the State Forester. The landowner shall compensate the commission department according to rates established by it the commission. The commission may carry forward unexpended funds under this subsection to be used for these purposes.

(D) The commission division may cooperate and offer the same services to counties, municipalities, and state agencies and make the forestry services and rental equipment available to them. Counties, municipalities, and state agencies shall reimburse the commission department according to its fee schedule."

SECTION 415. Section 48-25-50 of the 1976 Code is amended to read:

"Section 48-25-50. It shall be the positive duty of all sheriffs, deputy sheriffs, constables, rural policemen, and special officers to actively cooperate with the South Carolina Commission of Forestry Department of Wildlife, Marine and Natural Resources and the State Forester in the enforcement of the forestry laws of the State."

SECTION 416. Section 48-28-30 of the 1976 Code is amended to read:

"Section 48-28-30. As used in this chapter:

1. `Commission' shall mean the State Commission of Forestry Commission of the Department of Wildlife, Marine and Natural Resources.

2. `State Forester' shall mean the director of the State Commission of Forestry Division of the Department of Wildlife, Marine and Natural Resources.

3. `Eligible landowner' shall mean a private individual, group, partnership, association, corporation or other legal entity which owns nonindustrial private forest lands capable of producing industrial wood crops. Where forest land is owned jointly by more than one individual, group, association or corporation, as tenants in common, tenants by the entirety, or otherwise, the joint owners shall be considered, for the purposes of this chapter, as one eligible landowner and shall be entitled to receive cost-sharing payments as provided herein. Private entities which engage in the business of manufacturing forest products, including, but not limited to, sawmills, pulp mills, paper mills, plywood plants, oleoresin plants or providing public utilities services of any type or the subsidiaries of such entities shall not be included in such definition but private individual forest landowners who are stockholders in such business are included.

4. `Eligible lands' shall mean land owned by an eligible landowner.

5. `Cost-sharing payment' shall mean financial assistance to partially cover the cost of implementing approved practices in such amounts as the State Forester shall determine, subject to the limitations of this chapter.

6. `Approved practices' shall mean those silvicultural practices approved by the State Forester for the purpose of commercially growing timber through the establishment of forest stands or of ensuring the proper regeneration of forest stands to commercial production levels following the harvest of timber. Such practices shall include those required to accomplish site preparation, natural and artificial reforestation, noncommercial removal of undesirable vegetation for silvicultural purposes and cultivation of established young growth of desirable trees. In each case, approved practices shall be determined by the needs of the individual forest stand. These practices shall include existing practices and such practices as are developed in the future to ensure both maximum forest productivity and environmental protection.

7. `Approved forest management plan' shall mean a forest management plan approved by the State Forester for an eligible landowner. Such plan shall include forest management practices to ensure both maximum forest productivity and environmental protection of the lands to be treated under the management plan.

8. `Forest renewal fund' shall mean the special nonlapsing fund provided by Section 48-28-100 established in the Commission designated as the forest renewal fund.

9. `Forest renewal assessment' shall mean an assessment on primary forest products from timber severed in South Carolina for the funding of the provisions of this chapter.

10. `Slippage' shall mean the difference in funds earmarked in the management plan for an approved practice and funds actually earned when the practice is completed.

11. `Department' shall mean the Department of Wildlife, Marine and Natural Resources.

12. `Division' or `Forestry Division' shall mean the Forestry Division of the Department of Wildlife, Marine and Natural Resources.

13. `Committee' shall mean the Forestry Advisory Committee"

SECTION 417. Section 48-28-40 of the 1976 Code is amended to read:

"Section 48-28-40. The State Forester shall administer the provisions of this chapter, and the department, in consultation with the State Forester and the Forestry Advisory Committee, may promulgate regulations to carry out such provisions subject to the limitations set forth in Section 48-28-100. The State Forester division may employ administrative, clerical and field personnel to support the program created by this chapter and compensate such employees from the forest renewal fund for services rendered in direct support of the program.

The State Forester division may purchase equipment for the implementation of this program from the forest renewal fund subject to the limitations of Section 48-28-100. All equipment purchases with such funds shall be assigned to and used only for the forest renewal program except for emergency use in forest fire suppression and other activities relating to the protection of life or property. The forest renewal fund shall be reimbursed from other program funds for equipment costs incurred during such emergency use."

SECTION 418. Section 48-28-100 of the 1976 Code is amended to read:

"Section 48-28-100. There is created in the Commission department the forest renewal fund for which fiscal management and responsibility is vested in the State Forester.

The fund shall be the depository for all revenue derived from the forest development assessment on primary forest product processors as authorized by the General Assembly and for any funds appropriated specifically for the forest renewal program from the general fund. State appropriated funds remaining in the forest renewal fund at the end of any fiscal year shall revert to the general fund. Revenues derived from the forest renewal assessment shall not revert but shall remain in the forest renewal fund until expended under the provisions of this chapter.

In any fiscal year, new funding agreements from the forest renewal fund are limited to five times the amount of the state appropriation for the Forest Renewal Law for that year plus the amount of any cancellation or slippage funds from previous agreements. Whenever necessary to comply with the terms of a contract, payments in a fiscal year may exceed five times the amount of the state appropriation.

In any fiscal year, no more than five percent of the available funds generated by the Primary Forest Products Assessment Law, Chapter 30 of this title, shall be used for program support under the provisions of Section 48-28-40.

Funds used for the purchase of equipment under the provisions of Section 48-28-40 shall be limited to state appropriations to the forest renewal fund designated specifically for equipment purchase.

The Commission department shall serve as the disbursing agency for funds expended from and deposited in the forest renewal fund."

SECTION 419. Section 48-29-20 of the 1976 Code is amended to read:

"Section 48-29-20. The purpose and intent of this chapter is to place with the State Commission of Forestry Division of the Department of Wildlife, Marine and Natural Resources the authority and responsibility for action programs to detect and control forest pest outbreaks in South Carolina. The establishment of quarantine regulations and other actions to prevent the introduction into or the spread of introduced forest pests in South Carolina shall remain the responsibility of the State Crop Pest Commission, and the provisions of this chapter shall not abrogate or change any power or authority vested in the State Crop Pest Commission except as defined herein in regard to action programs to detect and control forest pests."

SECTION 420. Section 48-29-30 of the 1976 Code is amended to read:

"Section 48-29-30. Whenever a forest pest outbreak is suspected, the State Commission of Forestry Division of the Department of Wildlife, Marine and Natural Resources shall make surveys and observations, consulting with the State Crop Pest Commission's technical personnel for assistance with evaluation of pest populations and survey data. If the State Commission of Forestry division determines that a forest pest outbreak exists and control measures are deemed necessary, it shall:

(a) Establish a control zone, and designate and clearly describe the boundaries.

(b) Give notice to all affected forest landowners within the control zone of the existence of the control zone and the actions to be taken under this chapter.

(c) Be responsible for surveys in conjunction with the determined action programs."
SECTION 421. Section 48-29-40 of the 1976 Code is amended to read:

"Section 48-29-40. Whenever the State Commission of Forestry Division of the Department of Wildlife, Marine and Natural Resources determines that a forest pest outbreak cannot be or is not being controlled by the forest landowners in the control zone, the State Commission of Forestry division is authorized to:

(a) Take necessary measures to control the forest pest.

(b) Procure necessary equipment, supplies and services to control, suppress, or eradicate the forest pest.

(c) Enter into agreements with the United States Forest Service or other federal or State agencies, corporations, and others to carry out the provisions of this chapter."

SECTION 422. Section 48-29-50 of the 1976 Code is amended to read:

"Section 48-29-50. The State Commission of Forestry Division of the Department of Wildlife, Marine and Natural Resources or its the department's authorized agents shall have the power to go upon any land in the State to investigate, take measures to control, suppress, or eradicate forest pests. If any person refuses to allow the State Commission of Forestry division or its the department's agents to go upon his land to carry out the purposes of this chapter, or interferes with the investigation and control of forest pests, the State Commission of Forestry division may apply to any court of competent jurisdiction for an injunction or other appropriate means to restrain the person from interfering with the State Commission of Forestry division or its the department's authorized agents."

SECTION 423. Section 48-29-60 of the 1976 Code is amended to read:

"Section 48-29-60. When the State Commission of Forestry Division of the Department of Wildlife, Marine and Natural Resources determines that pest control work within an established control zone is no longer necessary or feasible, the State Commission of Forestry division shall dissolve the zone."

SECTION 424. Section 48-30-30 of the 1976 Code is amended to read:

"Section 48-30-30. For purposes of this chapter:

A. 1. `Primary forest products' shall mean those products of the tree after they are severed from the stump or separated from the soil and cut or processed to its first roundwood or other product for further conversion and shall include, but are not limited to, whole trees for chipping, whole tree logs, sawlogs, pulpwood, veneer bolts, posts, poles and piling, and stumps.

2. `Processor' shall mean the individual, group, association or corporation that procures primary forest products at their initial point of concentration for conversion to secondary products or for shipment to others for such conversion.

3. `Forest renewal fund' shall mean the special fund established by Chapter 28 of this title.

4. `State Forester' shall mean the director of the State Commission of Forestry Division of the Department of Wildlife, Marine and Natural Resources.

5. `Tax Commission' shall mean the South Carolina Tax Commission.
B. For the purpose of this chapter, the following shall not be considered `primary forest products':

1. Christmas trees and associated greens.

2. Pine straw.

3. Material harvested from an individual's own land and used by such individual for the construction of fences, buildings or other personal use.

4. Fuelwood harvested for personal use or for use in individual homes."

SECTION 425. Section 48-30-50 of the 1976 Code is amended to read:

"Section 48-30-50.

1. The Tax Commission Department of Revenue and Taxation shall develop the necessary administrative procedures to collect the assessment, collect the assessment from primary forest product processors, deposit funds collected from the assessment in the forest renewal fund and audit the records of processors to determine compliance with the provisions of this chapter.

2. The State Forester shall provide quarterly to the Tax Commission Department of Revenue and Taxation lists of processors subject to the assessment, advise the Tax Commission Department of Revenue and Taxation of the appropriate methods to convert measurements of primary forest products by systems other than those authorized in this chapter, establish in September the estimated total assessment that shall be collectable in the next budget period and inform the Budget and Control Board and the General Assembly and notify, within thirty days of certification of the state budget, the Tax Commission Department of Revenue and Taxation of the need to collect the assessment for the period covered by the approved budget.

The Tax Commission Department of Revenue and Taxation shall be reimbursed for those expenditures incurred as a cost of collecting the assessment for the forest renewal fund. This amount shall be transferred from the forest renewal fund in equal increments at the end of each quarter of the fiscal year to the Tax Commission Department of Revenue and Taxation. This amount shall not exceed fifty thousand dollars annually."

SECTION 426. Section 48-30-70 of the 1976 Code is amended to read:

"Section 48-30-70. The assessment shall be levied against the processor of the primary forest product.

It shall be submitted on a quarterly basis of the state's fiscal year due and payable the twenty-fifth of the month following the end of each quarter.

It shall be remitted to the Tax Commission Department of Revenue and Taxation, by check or money order, with such production reports as may be required by the Tax Commission Department of Revenue and Taxation.

The processor shall maintain for a period of three fiscal years and make available to the Tax Commission Department of Revenue and Taxation such production records necessary to verify proper reporting and payment of revenue due the forest renewal fund.

The production reports of the various processors shall be used only for assessment purposes. Production information on an individual processor basis shall not be made a part of the public record.

Any official or employee of the State who discloses information obtained from a production report, except as may be necessary for administration and collection of the assessment, or in the performance of official duties, or in administrative or judicial proceedings related to the levy of collection of the assessment, shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than two hundred dollars or imprisoned not more than thirty days."

SECTION 427. Section 48-30-80 of the 1976 Code is amended to read:

"Section 48-30-80. The Tax Commission Department of Revenue and Taxation shall enforce collection of the primary forest product assessment in accordance with statutory remedies and procedures pertaining to collection of revenue by it."

SECTION 428. Section 48-33-10 of the 1976 Code is amended to read:

"Section 48-33-10. This chapter shall be cited as the `South Carolina Forest Fire Protection Act.'"

SECTION 429. Section 48-33-20 of the 1976 Code is amended to read:

"Section 48-33-20. For the purpose of this chapter all lands shall be construed as `forest land' which have enough forest growth, standing or down, or have sufficient inflammable debris or grass, outside of corporate limits, to constitute, in the judgment of the State Commission of Forestry Division of the Department of Wildlife, Marine and Natural Resources, a fire menace to itself or adjoining lands."

SECTION 430. Section 48-33-30 of the 1976 Code is amended to read:

"Section 48-33-30. The term `forest fire,' as used in this chapter, means any fire burning uncontrolled on any land covered wholly or in part by timber, brush, grass or other inflammable vegetation."

SECTION 431. Section 48-33-40 of the 1976 Code is amended to read:

"Section 48-33-40. All forest fire protection work shall be under the direction and supervision of the State Commission of Forestry Division of the Department of Wildlife, Marine and Natural Resources, through the State Forester, subject to the provisions of this chapter and the laws of the State enacted relative to forestry and forest fire prevention and suppression."

SECTION 432. Section 48-33-50 of the 1976 Code is amended to read:

"Section 48-33-50. There shall be set up in each county a board, to be known as the county forestry board, consisting of five members, who shall be appointed by the State Commission of Forestry Commission of the Department of Wildlife, Marine and Natural Resources on the recommendation of a majority of the county legislative delegation in the House of Representatives and the Senator of such county. The members shall be residents of the county from which they are appointed. Change of residence from the county shall terminate the appointment. The initial term of all the members of the county forestry boards having been one for one year, one for two years, one for three years, one for four years and one for five years, the terms of the members of each board since appointed have been and shall hereafter be for five years, each member holding office until his successor is appointed, so that one member shall be appointed annually.

In case of a vacancy or termination of appointment on a county forestry board, such vacancy shall be filled in the same manner as provided for the appointment of members thereof, except that if a vacancy shall exist in the office of member of a county forestry board for more than two months the then existing members of the county forestry board may recommend for appointment some suitable person to fill such vacancy and the State Commission of Forestry Commission of the Department of Wildlife, Marine and Natural Resources shall make the appointment on such recommendation."

SECTION 433. Section 48-33-60 of the 1976 Code is amended to read:

"Section 48-33-60. The county boards shall assist in the efficient performance of the requirements of this chapter and the general conduct of the forestry program in the county. They shall review, revise and adopt the annual forest fire protection plan and the county ranger, fire wardens, towermen and all other county forest fire protection officers shall be employed, retained or dismissed only with the consent of upon consultation with the county forestry board. The county ranger, fire wardens and towermen and all other county officers of the county board shall be residents of the county in which they are so employed."

SECTION 434. Section 48-33-70 of the 1976 Code is amended to read:

"Section 48-33-70. The State Commission of Forestry Division of the Department of Wildlife, Marine and Natural Resources shall prepare for each county forestry board a plan for forest fire protection for the fiscal year and present such plan at the July meeting of the board. It The department, shall have power to make and enforce all rules and regulations necessary for the administration of forest fire protection."

SECTION 435. Section 48-33-80 of the 1976 Code is amended to read:

"Section 48-33-80. The State Commission of Forestry Division of the Department of Wildlife, Marine and Natural Resources, any of its the department's authorized agents and any member of a county forestry board may, at any or all times, go upon any land for the purpose of preventing or controlling forest fires, as defined herein, without making themselves liable for trespassing."

SECTION 436. Section 48-33-90 of the 1976 Code is amended to read:

"Section 48-33-90. The title to all property acquired incident to carrying out the provisions of this chapter shall be vested in the State Commission of Forestry Department of Wildlife, Marine and Natural Resources".

SECTION 437. Section 48-37-10 of the 1976 Code is amended to read:

"Section 48-37-10. The Governor on behalf of this State may execute a compact, in substantially the form set out in Section 48-37-20, with any one or more of the states of Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, Tennessee, Virginia and West Virginia, and the legislature hereby signifies in advance its approval and ratification of such compact."

SECTION 438. Section 48-37-20 of the 1976 Code is amended to read:

"Section 48-37-20. Article I.

The purpose of this compact is to promote effective prevention and control of forest fires in the southeastern region of the United States by the development of integrated forest fire plans, by the maintenance of adequate forest fire fighting services by the member states, by providing for mutual aid in fighting forest fires among the compacting states of the region and with states which are party to other regional forest fire protection compacts or agreements, and for more adequate forest protection.

Article II.

This compact shall become operative immediately as to those states ratifying it whenever any two or more of the States of Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee, Virginia, and West Virginia, which are contiguous have ratified it and Congress has given consent thereto. Any State not mentioned in this article which is contiguous with any member state may become a party to this compact, subject to approval by the legislature of each of the member states.

Article III.

In each state, the state forester or officer holding the equivalent position who is responsible for forest fire control shall act as compact administrator for that state and shall consult with like officials of the other member states and shall implement cooperation between such states in forest fire prevention and control.

The compact administrators of the member states shall coordinate the services of the member states and provide administrative integration in carrying out the purposes of this compact.

There shall be established an advisory committee of legislators, forestry commission representatives Forestry Division of the Department of Wildlife, Marine and Natural Resources representatives, and forestry or forest products industries representatives which shall meet from time to time with the compact administrators. Each member state shall name one member of the Senate and one member of the house of representatives who shall be designated by that state's commission on interstate cooperation, or if said commission cannot constitutionally designate the said members, they shall be designated in accordance with laws of that state; and the governor of each member state shall appoint two representatives, one of whom shall be associated with forestry or forest products industries to comprise the membership of the advisory committee. Action shall be taken by a majority of the compacting states, and each state shall be entitled to one vote.

The compact administrators shall formulate and, in accordance with need, from time to time, revise a regional forest fire plan for the member states.

It shall be the duty of each member state to formulate and put in effect a forest fire plan for that state and take such measures as may be necessary to integrate such forest fire plan with the regional forest fire plan formulated by the compact administrators.

Article IV.

Whenever the state forest fire control agency of a member state requests aid from the state forest fire control agency of any other member state in combating, controlling or preventing forest fires, it shall be the duty of the state forest fire control agency of that state to render all possible aid to the requesting agency which is consonant with the maintenance of protection at home.

Article V.

Whenever the forces of any member state are rendering outside aid pursuant to the request of another member state under this compact, the employees of such state shall, under the direction of the officers of the state to which they are rendering aid, have the same powers (except the power of arrest), duties, rights, privileges and immunities as comparable employees of the state to which they are rendering aid.

No member state or its officers or employees rendering outside aid pursuant to this compact shall be liable on account of any act or omission on the part of such forces while so engaged, or on account of the maintenance, or use of any equipment or supplies in connection therewith: Provided, that nothing herein shall be construed as relieving any person from liability for his own negligent act or omission, or as imposing liability for such negligent act or omission upon any state.

All liability, except as otherwise provided hereinafter, that may arise either under the laws of the requesting state or under the laws of the aiding state or under the laws of a third state on account of or in connection with a request for aid, shall be assumed and borne by the requesting state.

Any member state rendering outside aid pursuant to this compact shall be reimbursed by the member state receiving such aid for any loss or damage to, or expense incurred in the operation of any equipment answering a request for aid, and for the cost of all materials, transportation, wages, salaries, and subsistence of employees and maintenance of equipment incurred in connection with such request: Provided, that nothing herein contained shall prevent any assisting member state from assuming such loss, damage, expense or other cost or from loaning such equipment or from donating such service to the receiving member state without charge or cost.

Each member state shall provide for the payment of compensation and death benefits to injured employees and the representatives of deceased employees in case employees sustain injuries or are killed while rendering outside aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within such state.

For the purposes of this compact the term employee shall include any volunteer or auxiliary legally included within the forest fire fighting forces of the aiding state under the laws thereof.

The compact administrators shall formulate procedures for claims and reimbursement under the provisions of this article, in accordance with the laws of the member states.

Article VI.

Ratification of this compact shall not be construed to affect any existing statute so as to authorize or permit curtailment or diminution of the forest fire fighting forces, equipment, services or facilities of any member state.

Nothing in this compact shall be construed to limit or restrict the powers of any state ratifying the same to provide for the prevention, control and extinguishment of forest fires, or to prohibit the enactment or enforcement of state laws, rules or regulations intended to aid in such prevention, control and extinguishment in such state.

Nothing in this compact shall be construed to affect any existing or future cooperative relationship or arrangement between any Federal agency and a member state or states.

Article VII.

The compact administrators may request the United States Forest Service to act as a research and coordinating agency of the Southeastern Interstate Forest Fire Protection Compact in cooperation with the appropriate agencies in each state, and the United States Forest Service may accept responsibility for preparing and presenting to the compact administrators its recommendations with respect to the regional fire plan. Representatives of any Federal agency engaged in forest fire prevention and control may attend meetings of the compact administrators.

Article VIII.

The provisions of Articles IV and V of this compact which relate to mutual aid in combating, controlling or preventing forest fires shall be operative as between any state party to this compact and any other state which is party to a regional forest fire protection compact in another region: Provided, that the legislature of such other state shall have given its assent to such mutual aid provisions of this compact.

Article IX.

This compact shall continue in force and remain binding on each state ratifying it until the legislature or the governor of such state, as the laws of such state shall provide, takes action to withdraw therefrom. Such action shall not be effective until six months after notice thereof has been sent by the chief executive of the state desiring to withdraw to the chief executives of all states then parties to the compact."

SECTION 439. Section 48-37-30 of the 1976 Code is amended to read:

"Section 48-37-30. When the Governor shall have executed such compact on behalf of this State and shall have caused a verified copy thereof to be filed with the Secretary of State, and when such compact shall have been ratified by one or more of the states named in Section 48-37-10, then such compact shall become operative and effective as between this State and such other state or states. The Governor shall take such action as may be necessary to complete the exchange of official documents as between this State and any other state ratifying such compact."

SECTION 440. Section 48-37-40 of the 1976 Code is amended to read:

"Section 48-37-40. In pursuance of Article III of the compact as set out in Section 48-37-20, the State Forester of the State Commission of Forestry Division of the Department of Wildlife, Marine and Natural Resources shall act as compact administrator for the State of South Carolina during his term of office as State Forester, and his successor as compact administrator shall be his successor as State Forester. As compact administrator he shall be an ex officio member of the Southeastern Interstate Forest Fire Protection Compact advisory committee, and chairman ex officio of the South Carolina members of such advisory committee. There shall be four members of the advisory committee from this State. Two of the members from this State shall be members of the General Assembly, one from the Senate and one from the House of Representatives, designated by the South Carolina Commission on Interstate Cooperation, and the terms of any such members shall terminate at the time they cease to hold legislative office, and their successors as members shall be named in like manner.

The Governor shall appoint the other two members from this State, one of whom shall be associated with forestry or forest products industries. The terms of such members shall be three years and such members shall hold office until their respective successors shall be appointed and qualified. Vacancies occurring in the office of such members from any reason or cause shall be filled by appointment by the Governor for the unexpired term. The State Forester as compact administrator for this State may delegate, from time to time, to any deputy or other subordinate in his department or office, the power to be present and participate, including voting as his representative or substitute at any meeting of or hearing by or other proceeding of the compact administrators or of the advisory committee. The terms of each of the initial four memberships of the advisory committee, whether appointed at such time or not, shall begin upon the date upon which such compact shall become effective in accordance with Article II of the compact. Any member of the advisory committee may be removed from office by the Governor upon charges and after a hearing."

SECTION 441. Section 48-37-50 of the 1976 Code is amended to read:

"Section 48-37-50. There is hereby granted to the State Forester, as compact administrator and chairman ex officio of the South Carolina members of such advisory committee, and to the members from this State of the advisory committee all the powers provided for in the compact and all the powers necessary or incidental to the carrying out of such compact in every particular. All officers of the State shall do all things falling within their respective provinces and jurisdiction necessary or incidental to the carrying out of the compact in every particular; it being hereby declared to be the policy of this State to perform and carry out the compact and to accomplish the purposes thereof.

All officers, bureaus, departments and persons of and in the State government or administration of this State shall at convenient times and upon request of such compact administrator, or of such advisory committee, furnish information and data relating to the purposes of the compact possessed by them or any of them to the compact administrator or the advisory committee. They may further aid the compact administrator or the advisory committee by loan of personnel, equipment or other means in carrying out the purposes of the compact."

SECTION 442. Section 48-37-60 of the 1976 Code is amended to read:

"Section 48-37-60. Any powers granted in this chapter to the State Commission of Forestry Division of the Department of Wildlife, Marine and Natural Resources shall be regarded as in aid of and supplemental to, and in no case a limitation upon, any of the powers vested in the Commission division by other laws of the State of South Carolina or by the laws of the states of Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, Tennessee, Virginia, and West Virginia or by the Congress or the terms of such compact."

SECTION 443. Chapter 39 of Title 48 of the 1976 Code is amended to read:

"Section 48-39-10. As used in this chapter:

(A) "Applicant" means any person who files an application for a permit under the provisions of this chapter.

(B) "Coastal zone" means all coastal waters and submerged lands seaward to the State's jurisdictional limits and all lands and waters in the counties of the State which contain any one or more of the critical areas. These counties are Beaufort, Berkeley, Charleston, Colleton, Dorchester, Horry, Jasper and Georgetown.

(C) "Council Division" means the South Carolina Coastal Council Coastal Division of the South Carolina Department of Wildlife, Marine and Natural Resources.

(D) "CCPS CDPS" means Coastal Council Division Permitting Staff.

(E) "Saline waters" means those waters which contain a measurable quantity of sea water, at least one part chloride ion per thousand.

(F) "Coastal waters" means the navigable waters of the United States subject to the ebb and flood of the tide and which are saline waters, shoreward to their mean high-water mark. Provided, however, that the Council division may designate boundaries which approximate the mean extent of saline waters until such time as the mean extent of saline waters can be determined scientifically.

(G) "Tidelands" means all areas which are at or below mean high tide and coastal wetlands, mudflats, and similar areas that are contiguous or adjacent to coastal waters and are an integral part of the estuarine systems involved. Coastal wetlands include marshes, mudflats, and shallows and means those areas periodically inundated by saline waters whether or not the saline waters reach the area naturally or through artificial water courses and those areas that are normally characterized by the prevalence of saline water vegetation capable of growth and reproduction. Provided, however, nothing in this definition shall apply to wetland areas that are not an integral part of an estuarine system. Further, until such time as the exact geographic extent of this definition can be scientifically determined, the Council division shall have the authority to designate its approximate geographic extent.

(H) "Beaches" means those lands subject to periodic inundation by tidal and wave action so that no nonlittoral vegetation is established.

(I) "Primary ocean front sand dunes" means those dunes which constitute the front row of dunes adjacent to the Atlantic Ocean.

(J) "Critical area" means any of the following:

(1) coastal waters;

(2) tidelands;

(3) beaches;

(4) beach/dune system which is the area from the mean high-water mark to the setback line as determined in Section 48-39-280.

(K) "Person" means any individual, organization, association, partnership, business trust, estate trust, corporation, public or municipal corporation, county, local government unit, public or private authority and shall include the State of South Carolina, its political subdivisions and all its departments, boards, bureaus or other agencies, unless specifically exempted by this chapter.

(L) "Estuarine sanctuary" means a research area designated as an estuarine sanctuary by the Secretary of Commerce.

(M) "Marine sanctuary" means any water and wetland areas designated as a marine sanctuary by the Secretary of Commerce.

(N) "Minor development activities" means the construction, maintenance, repair or alteration of any private piers or erosion control structure, the construction of which does not involve dredge activities.

(O) "Dredging" means the removal or displacement by any means of soil, sand, gravel, shells or other material, whether of intrinsic value or not, from any critical area.

(P) "Filling" means either the displacement of saline waters by the depositing into critical areas of soil, sand, gravel, shells or other material or the artificial alteration of water levels or water currents by physical structure, drainage ditches or otherwise.

(Q) "Submerged lands" means those river, creek and ocean bottoms lying below mean low-water mark.

(R) "Oil" means crude petroleum oil and all other hydrocarbons, regardless of specific gravity, that are produced in liquid form by ordinary production methods, but does not include liquid hydrocarbons that were originally in a gaseous phase in the reservoir.

(S) "Gas" means all natural gas and all other fluid hydrocarbons not hereinabove defined as oil, including condensate because it originally was in the gaseous phase in the reservoir.

(T) "Fuel" means gas and oil.

(U) "Emergency" means any unusual incident resulting from natural or unnatural causes which endanger the health, safety or resources of the residents of the State, including damages or erosion to any beach or shore resulting from a hurricane, storm or other such violent disturbance.

(V) "Department" means the Department of Wildlife, Marine and Natural Resources.

Section 48-39-20. The General Assembly finds that:

(A) The coastal zone is rich in a variety of natural, commercial, recreational and industrial resources of immediate and potential value to the present and future well-being of the State.

(B) The increasing and competing demands upon the lands and waters of our coastal zone occasioned by population growth and economic development, including requirements for industry, commerce, residential development, recreation, extraction of mineral resources and fossil fuels, transportation and navigation, waste disposal and harvesting of fish, shellfish and other living marine resources have resulted in the decline or loss of living marine resources, wildlife, nutrient-rich areas, permanent and adverse changes to ecological systems, decreasing open space for public use and shoreline erosion.

(C) A variety of federal agencies presently operate land use controls and permit systems in the coastal zone. South Carolina can only regain control of the regulation of its critical areas by developing its own management program. The key to accomplishing this is to encourage the state and local governments to exercise their full authority over the lands and waters in the coastal zone.

(D) The coastal zone and the fish, shellfish, other living marine resources and wildlife therein, may be ecologically fragile and consequently extremely vulnerable to destruction by man's alterations.

(E) Important ecological, cultural, natural, geological and scenic characteristics, industrial, economic and historical values in the coastal zone are being irretrievably damaged or lost by ill-planned development that threatens to destroy these values.

(F) In light of competing demands and the urgent need to protect and to give high priority to natural systems in the coastal zone while balancing economic interests, present state and local institutional arrangements for planning and regulating land and water uses in such areas are inadequate.

Section 48-39-30. (A) The General Assembly declares the basic state policy in the implementation of this chapter is to protect the quality of the coastal environment and to promote the economic and social improvement of the coastal zone and of all the people of the State.

(B) Specific state policies to be followed in the implementation of this chapter are:

(1) To promote economic and social improvement of the citizens of this State and to encourage development of coastal resources in order to achieve such improvement with due consideration for the environment and within the framework of a coastal planning program that is designed to protect the sensitive and fragile areas from inappropriate development and provide adequate environmental safeguards with respect to the construction of facilities in the critical areas of the coastal zone;

(2) To protect and, where possible, to restore or enhance the resources of the State's coastal zone for this and succeeding generations;

(3) To formulate a comprehensive tidelands protection program;

(4) To formulate a comprehensive beach erosion and protection policy including the protection of necessary sand dunes.

(5) To encourage and assist state agencies, counties, municipalities and regional agencies to exercise their responsibilities and powers in the coastal zone through the development and implementation of comprehensive programs to achieve wise use of coastal resources giving full consideration to ecological, cultural and historic values as well as to the needs for economic and social development and resources conservation.

(C) In the implementation of the chapter, no government agency shall adopt a rule or regulation or issue any order that is unduly restrictive so as to constitute a taking of property without the payment of just compensation in violation of the Constitution of this State or of the United States.

(D) Critical areas shall be used to provide the combination of uses which will insure the maximum benefit to the people, but not necessarily a combination of uses which will generate measurable maximum dollar benefits. As such, the use of a critical area for one or a combination of like uses to the exclusion of some or all other uses shall be consistent with the purposes of this chapter.

(E) It shall be the policy of the State to coordinate the coastal planning and management program effort with other coastal states and organizations of coastal states.

Section 48-39-40. (A) There is created the South Carolina Coastal Council Zone Management Advisory Committee which consists of fourteen members, which shall act as an advisory committee to the Department of Wildlife, Marine and Natural Resources. No standards, rules or regulations, pertaining to coastal zone management, shall be adopted, modified, promulgated or repealed by the department except after consultation with the committee. The members of the committee shall be constituted as follows: eight members, one from each coastal zone county, to be elected by a majority vote of the members of the House of Representatives and a majority vote of the Senate members representing the county from three nominees submitted by the governing body of each coastal zone county, each House or Senate member to have one vote; six members, one from each of the congressional districts of the State, to be elected by a majority vote of the members of the House of Representatives and the Senate representing the counties in that district, each House or Senate member to have one vote. The council committee shall elect a chairman, vice-chairman, and other officers it considers necessary.

(B) Terms of all members are for four years and until successors are appointed and qualify. Members from congressional districts serve terms of two years only as determined by lot at the first meeting of the council committee. Vacancies must be filled in the original manner of selection for the remainder of the unexpired term.

(C) Members of the South Carolina Coastal Council, upon the effective date of this act, become members of the South Carolina Coastal Zone Management Advisory Committee and continue to serve until their terms expire.

Section 48-39-50. The Council Coastal Division of the South Carolina Department of Wildlife, Marine and Natural Resources shall have the following powers and duties and shall be directly accountable and subject to the director of the department:

(A) To employ the CCPS CDPS consisting of, but not limited to, the following professional members: An administrator and other staff members to include those having expertise in biology, civil and hydrological engineering, planning, environmental engineering and environmental law.

(B) To apply for, accept and expend financial assistance from public and private sources in support of activities undertaken pursuant to this chapter and the Federal Coastal Zone Management Act of 1972.

(C) To undertake the related programs necessary to develop and recommend to the Governor and the General Assembly a comprehensive program designed to promote the policies set forth in this chapter.

(D) To hold public hearings and related community forums and afford participation in the development of management programs to all interested citizens, local governments and relevant state and federal agencies, port authorities and other interested parties.

(E) To promulgate necessary rules and regulations to carry out the provisions of this chapter.

(F) To administer the provisions of this chapter and all rules, regulations and orders promulgated under it.

(G) To examine, modify, approve or deny applications for permits for activities covered by the provisions of this chapter.

(H) To revoke and suspend permits of persons who fail or refuse to carry out or comply with the terms and conditions of the permit.

(I) (E) To enforce the provisions of this chapter and all rules and regulations promulgated by the Council division and institute or cause to be instituted in courts of competent jurisdiction of legal proceedings to compel compliance with the provisions of this chapter.

(J) (F) To manage estuarine and marine sanctuaries and regulate all activities therein, including the regulation of the use of the coastal waters located within the boundary of such sanctuary.

(K) (G) To establish, control and administer pipeline corridors and locations of pipelines used for the transportation of any fuel on or in the critical areas.

(L) (H) To direct and coordinate the beach and coastal shore erosion control activities among the various state and local governments.

(M) (I) To implement the state policies declared by this chapter.

(N) (J) To encourage and promote the cooperation and assistance of state agencies, coastal regional councils of government, local governments, federal agencies and other interested parties.

(O) (K) To exercise all incidental powers necessary to carry out the provisions of this chapter.

(P) (L) To coordinate the efforts of all public and private agencies and organizations engaged in the making of tidal surveys of the coastal zone of this State with the object of avoiding unnecessary duplication and overlapping.

(Q) (M) To serve as a coordinating state agency authority for any program of tidal surveying conducted by the federal government.

(R) (N) To develop and enforce uniform specifications and regulations for tidal surveying.

(S) (O) To monitor, in coordination with the South Carolina Department of Wildlife and Marine Resources, the waters of the State for oil spills. If such Department the Department observes an oil spill in such waters it shall immediately report such spill to the South Carolina Department of Health and Environmental Control, the United States Coast Guard and Environmental Protection Agency. This in no way negates the responsibility of the spiller to report a spill.

(T) (P) To direct, in coordination with the South Carolina Department of Health and Environmental Control as the designated state agency to provide liaison to the regional response team, pursuant to Section 1510.23 of the National Contingency Plan, state supervised removal operations of oil discharged into the waters within the territorial jurisdiction of this State and entering such waters after being discharged elsewhere within the State, and to seek reimbursement from the National Contingency Fund for removal operations cost expended by it and all other agencies and political subdivisions including county, municipal and regional governmental entities in removing such oil as provided for in Section 311(C)(2) of the Federal Water Pollution Control Act.

(U) (Q) To act as advocate, where the Council division deems such action appropriate, on behalf of any person who is granted a permit for a specific development by the Council division but is denied a permit by a federal agency for the same specific development. (V) To delegate any of its powers and duties to the CCPS CDPS.

Section 48-39-60. When requested by the Council, the Wildlife and Marine Resources Department shall provide additional staff for the Council, including any additional conservation officers, necessary to administer the provisions of this chapter and for which funds are available.

Section 48-39-70. (A) All other state and local agencies and commissions shall cooperate with the Council department in the administration of enforcement of this chapter. All agencies currently exercising regulatory authority in the coastal zone shall administer such authority in accordance with the provisions of this chapter and rules and regulations promulgated thereunder. (B) The Council department, in the discharge of its duties may administer oaths and affirmations, take depositions and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda and other records deemed necessary in connection with the work of the Council department. The only exception shall be, that information considered proprietary by the applicant. If in the opinion of the Council department a proper decision cannot be rendered without the submission of such proprietary information, the Council department shall be empowered to execute an agreement on confidentiality with the applicant and such information shall not be made a part of the public record of current or future proceedings.

(C) In case the contumacy by any person or refusal to obey a subpoena issued to any person, any circuit court of this State or circuit judge thereof within the jurisdiction of which such person guilty of contumacy or refusal to obey is found, resides or transacts business, upon application by the Council department, may issue to such person an order requiring him to appear before the Council department to produce evidence if so ordered or give testimony touching the matter under investigation. Any failure to obey an order of the court may be punished as a contempt hereof. Subpoenas shall be issued in the name of the Council department and signed by the Council department chairman. Subpoenas shall be issued to such persons as the Council department may designate.

Section 48-39-80. The council division shall develop a comprehensive coastal management program, and thereafter have the responsibility for enforcing and administering the program in accordance with the provisions of this chapter and any rules and regulations promulgated under this chapter. In developing the program the Council division shall:

(A) Provide a regulatory system which the Council division shall use in providing for the orderly and beneficial use of the critical areas.

(B) In devising the management program the Council division shall consider all lands and waters in the coastal zone for planning purposes. In addition, the Council division shall:

(1) Identify present land uses and coastal resources.

(2) Evaluate these resources in terms of their quality, quantity and capability for use both now and in the future.

(3) Determine the present and potential uses and the present and potential conflicts in uses of each coastal resource.

(4) Inventory and designate areas of critical state concern within the coastal zone, such as port areas, significant natural and environmental, industrial and recreational areas.

(5) Establish broad guidelines on priority of uses in critical areas.

(6) Provide for adequate consideration of the local, regional, state and national interest involved in the siting of facilities for the development, generation, transmission and distribution of energy, adequate transportation facilities and other public services necessary to meet requirements which are other than local in nature.

(7) Provide for consideration of whether a proposed activity of an applicant for a federal license or permit complies with the State's coastal zone program and for the issuance of notice to any concerned federal agency as to whether the State concurs with or objects to the proposed activity.

(8) Provide for a review process of the management plan and alterations thereof that involves local, regional, state and federal agencies.

(9) Conduct other studies and surveys as may be required, including the beach erosion control policy as outlined in this chapter.

(10) Devise a method by which the permitting process shall be streamlined and simplified so as to avoid duplication.

(11) Develop a system whereby the Council division shall have the authority to review all state and federal permit applications in the coastal zone, and to certify that these do not contravene the management plan.

(C) Provide for a review process of the management program and alterations that involve interested citizens as well as local, regional, state and federal agencies.

(D) Consider in conjunction with the Department of Health and Environmental Control the planning and review of existing water quality standards and classifications in the coastal zone.

(E) Provide consideration for nature-related uses of critical areas, such as aquaculture, mariculture, waterfowl and wading bird management, game and nongame habitat protection projects and endangered flora and fauna.

Section 48-39-85. (A) In order to promote safe and clean litter-free beaches, the council Coastal Division shall develop a program to be known as "Adopt-A-Beach", whereby an industry or a private civic organization may adopt one mile, or other feasible distance, of South Carolina beach for the sole purpose of controlling litter along that section of beach.

(B) Included in the responsibilities of any industry or private civic organization which chooses to participate in the program shall be the following:

(1) development of a functional plan to influence and encourage the public to improve the appearance of the adopted section of beach;

(2) a general cleanup of the area at least twice a year; and

(3) assistance to the council division in securing media coverage for the program.

Section 48-39-90. (A) The Council division, on thirty days' notice, shall hold statewide public hearings on the proposed coastal zone management plan to obtain the views of all interested parties, particularly all interested citizens, agencies, local governments, regional organizations and port authorities.

(B) All Council division documents associated with such hearings shall be conveniently available to the public for review and study at least thirty days prior to a hearing. A report on each hearing shall be prepared and made available to the public within forty-five days of such hearing.

(C) After sufficient hearings and upon consideration of the views of interested parties the Council division shall propose a final management plan for the coastal zone to the Governor and the General Assembly.

(D) Upon review and approval of the proposed management plan by the Governor and General Assembly, the proposed plan shall become the final management plan for the State's coastal zone.

(E) Any change in or amendment to the final management plan shall be implemented by following the procedures established in subsections (A), (B), (C) and (D) of this section and upon the review and approval of the Governor and the General Assembly.

Section 48-39-100. (A) The management program specified in Section 48-39-90 shall be developed in complete cooperation with affected local governments in the coastal zone. This cooperation shall include, but not be limited to:

(1) Involvement of local governments or their designees in the management program.

(2) Provision of technical assistance and grants to aid local governments in carrying out their responsibilities under this chapter.

(3) Dissemination of improved informational data on coastal resources to local and regional governmental units.

(4) Recommendations to local and regional governmental units as to needed modifications or alterations in local ordinances that become apparent as a result of the generation of improved and more comprehensive information.

(B) Any city or county that is currently enforcing a zoning ordinance, subdivision regulation or building code, a part of which applies to critical areas, shall submit the elements of such ordinances and regulations applying to critical areas to the Council Coastal Division for review. The Council division shall evaluate such ordinances and plans to determine that they meet the provisions of this chapter and rules and regulations promulgated hereunder. Upon determination and approval by the Council commissioners, such ordinances and regulations shall be adopted by the Council commissioners, followed by the Council division in meeting its permit responsibilities under this chapter and integrated into the Council's Division's Coastal Management Program. Any change or modification in the elements of approved zoning ordinances, subdivision regulations or building codes applying to critical areas shall be disapproved by the Council division if it is not in compliance with the provisions of this chapter and rules and regulations promulgated hereunder.

(C) Any city or county that is not currently enforcing ordinances or regulations on the critical areas within its jurisdiction at its option may elect to develop a management program for such critical areas by notifying the Council division of its intent within one hundred and eighty days following the 24th day of May, 1977. Such proposed ordinances and regulations applying to critical areas shall be subject to the process specified in Section 48-39-100(B).

(D) Any county or city may delegate some or all of its responsibilities in developing a coastal management program for critical areas under its jurisdiction to the regional council of government of which it is a part, provided the county or city has notified the Council division in writing at least thirty days prior to the date on which such action is to be taken.

Section 48-39-110. The South Carolina State Ports Authority shall prepare and submit to the Council division a management plan for port and harbor facilities and navigation channels. Upon approval by the Council division of such management plan it shall become part of the comprehensive coastal management program developed by the Council division. The South Carolina State Ports Authority shall include in the management plan a designation of the geographical area appropriate for use by public and private port and harbor facilities and military and naval facilities and submit this to the Council division for approval.

Section 48-39-120. (A) The Council division shall develop and institute a comprehensive beach erosion control policy that identifies critical erosion areas, evaluates the benefits and costs of erosion control structures funded by the State, considers the dynamic littoral and offshore drift systems, sand dunes and like items.

(B) The Council department for and on behalf of the State may issue permits for erosion control structures following the provisions of this section and Sections 48-39-140 and 48-39-150, on or upon the tidelands and coastal waters of this State as it may deem most advantageous. Provided, however, that no property rebuilt or accreted as a result of natural forces or as a result of a permitted structure shall exceed the original property line or boundary. Provided, further, that no person or governmental agency may develop ocean front property accreted by natural forces or as the result of permitted or nonpermitted structures beyond the mean high water mark as it existed at the time the ocean front property was initially developed or subdivided, and such property shall remain the property of the State held in trust for the people of the State.

(C) The Council division shall have the authority to propose to the department the removal of remove all erosion control structures which have an adverse effect on the public interest.

(D) The Council department is authorized for and in behalf of the State to accept such federal monies for beach or shore erosion control in areas to which the public has full and complete access as are available and to sign all necessary agreements and to do and perform all necessary acts in connection therewith to effectuate the intent and purposes of such federal aid.

(E) If a beach or shore erosion emergency is declared by the Council division, the State, acting through the Council department, may spend whatever state funds are available to alleviate beach or shore erosion in areas to which the public has full and complete access, including any funds which may be specifically set aside for such purposes.

(F) The Council department, for and on behalf of the State, may issue permits not otherwise provided by state law, for erosion and water drainage structure in or upon the tidelands, submerged lands and waters of this State below the mean high-water mark as it may deem most advantageous to the State for the purpose of promoting the public health, safety and welfare, the protection of public and private property from beach and shore destruction and the continued use of tidelands, submerged lands and waters for public purposes.

Section 48-39-130. (A) Ninety days after July 1, 1977, no person shall utilize a critical area for a use other than the use the critical area was devoted to on such date unless he has first obtained a permit from the Council department.

(B) Within sixty days of July 1, 1977, the Council division shall publish and make available the interim rules and regulations it will follow in evaluating permit applications. These interim rules and regulations shall be used in evaluating and granting or denying all permit applications until such time as the final rules and regulations are adopted in accordance with this section and Chapter 23 of Title 1. Within one hundred and twenty days of July 1, 1977 the Council division shall publish and make available to local and regional governments and interested citizens for review and comment a draft of the final rules and regulations it will follow in evaluating permit applications. Sixty days after making such guidelines available the Council division shall hold a public hearing affording all interested persons an opportunity to comment on such guidelines. Following the public hearing the Council commissioners, pursuant to the Administrative Procedures Act, shall in ninety days publish final rules and regulations. Provided, however, the interim rules and regulations shall not be subject to the provisions of Chapter 23 of Title 1.

(C) Ninety days after July 1, 1977 no person shall fill, remove, dredge, drain or erect any structure on or in any way alter any critical area without first obtaining a permit from the Council department. Provided, however, that a person who has legally commenced a use such as those evidenced by a state permit, as issued by the Budget and Control Board, or a project loan approved by the rural electrification administration or a local building permit or has received a United States Corps of Engineers or Coast Guard permit, where applicable, may continue such use without obtaining a permit. Any person may request the Council department to review any project or activity to determine if he is exempt under this section from the provisions of this chapter. The Council department shall make such determinations within forty-five days from the receipt of any such request.

(D) It shall not be necessary to apply for a permit for the following activities:

(1) The accomplishment of emergency orders of an appointed official of a county or municipality or of the State, acting to protect the public health and safety, upon notification to the council division. However, with regard to the beach/dune critical area, only the use of sandbags, sandscraping, or renourishment, or a combination of them, in accordance with guidelines provided by the council division is allowed pursuant to this item.

(2) Hunting, erecting duckblinds, fishing, shellfishing and trapping when and where otherwise permitted by law; the conservation, repletion and research activities of state agencies and educational institutions or boating or other recreation provided that such activities cause no material harm to the flora, fauna, physical or aesthetic resources of the area.

(3) The discharge of treated effluent as permitted by law; provided, however, that the Council division shall have the authority to review and comment on all proposed permits that would affect critical areas.

(4) Dredge and fill performed by the United States Corps of Engineers for the maintenance of the harbor channels and the collection and disposal of the materials so dredged; provided, however, that the Council division shall have authority to review and certify all such proposed dredge and fill activities.

(5) Construction of walkways over sand dunes in accordance with regulations promulgated by the Council division.

(6) Emergency repairs to an existing bank, dike, fishing pier, or structure, other than oceanfront erosion control structures or devices, which has been erected in accordance with federal and state laws or provided for by general law or acts passed by the General Assembly, if notice is given in writing to the council division within seventy-two hours from the onset of the needed repairs.

(7) Maintenance and repair of drainage and sewer facilities constructed in accordance with federal or state laws and normal maintenance and repair of any utility or railroad.

(8) Normal maintenance or repair to any pier or walkway provided that such maintenance or repair not involve dredge or fill.

(9) Construction or maintenance of a major utility facility where the utility has obtained a certificate for such facility under "The Utility Facility Siting and Environmental Protection Act", Chapter 33 of Title 58 of the 1976 Code. Provided, however, that the South Carolina Public Service Commission shall make the Council division a party to certification proceedings for utility facilities within the coastal zone.

Section 48-39-140. (A) Any person who wishes may submit development plans to the Council department for preliminary review. If a permit is necessary, the Council division will make every effort to assist the applicant in expediting the permit application.

(B) Each application for a permit shall be filed with the Council division and shall include:

(1) Name and address of the applicant.

(2) A plan or drawing showing the applicant's proposal and the manner or method by which the proposal shall be accomplished.

(3) A plat of the area in which the proposed work will take place.

(4) A copy of the deed, lease or other instrument under which the applicant claims title, possession or permission from the owner of the property, to carry out the proposal.

(5) A list of all adjoining landowners and their addresses or a sworn affidavit that with due diligence such information is not ascertainable.

(C) The Council division within thirty days of receipt of an application for a permit shall notify, in writing, interested agencies, all adjoining landowners, local government units in which the land is located and other interested persons of the application and shall indicate the nature of the applicant's proposal. Public notice shall be given at least once by advertisement in state and local newspapers of general circulation in the area concerned. The Council division, as directed by the department may hold a public hearing on applications which have any effect on a critical area if it deems a hearing necessary. The public hearing shall be held in the county where the land is located and if in more than one county the Council division shall determine in which county to hold the hearing or may hold hearings in both counties.

Provided, all interested agencies, all adjoining landowners, local government units and other interested persons shall have thirty days to file a written comment to such application after receipt of any such notice by the Council division.

Section 48-39-145. (A) The South Carolina Coastal Council Division may charge an administrative fee upon application for a permit for alteration of any critical area as defined in Section 48-39-10. Applications for permits which are noncommercial/nonindustrial in nature and provide personal benefits that have no connection with a commercial/industrial enterprise shall be charged an administrative fee not to exceed fifty dollars. A reasonable fee, determined by the South Carolina Coastal Council division, will be charged for permit applications when the planned or ultimate purpose of the activity is commercial or industrial in nature.

(B) Any fees collected under this provision shall be forwarded to the State Treasurer for credit to the general fund.

Section 48-39-150. (A) In determining whether a permit application is approved or denied the Council Coastal Division shall base its determination on the individual merits of each application, the policies specified in Sections 48-39-20 and 48-39-30 and be guided by the following general considerations:

(1) The extent to which the activity requires a waterfront location or is economically enhanced by its proximity to the water.

(2) The extent to which the activity would harmfully obstruct the natural flow of navigable water. If the proposed project is in one or more of the State's harbors or in a waterway used for commercial navigation and shipping or in an area set aside for port development in an approved management plan, then a certificate from the South Carolina State Ports Authority declaring the proposed project or activity would not unreasonably interfere with commercial navigation and shipping must be obtained by the Council division prior to the depaerment issuing a permit.

(3) The extent to which the applicant's completed project would affect the production of fish, shrimp, oysters, crabs or clams or any marine life or wildlife or other natural resources in a particular area including but not limited to water and oxygen supply.

(4) The extent to which the activity could cause erosion, shoaling of channels or creation of stagnant water.

(5) The extent to which the development could affect existing public access to tidal and submerged lands, navigable waters and beaches or other recreational coastal resources.

(6) The extent to which the development could affect the habitats for rare and endangered species of wildlife or irreplaceable historic and archeological sites of South Carolina's coastal zone.

(7) The extent of the economic benefits as compared with the benefits from preservation of an area in its unaltered state.

(8) The extent of any adverse environmental impact which cannot be avoided by reasonable safeguards.

(9) The extent to which all feasible safeguards are taken to avoid adverse environmental impact resulting from a project.

(10) The extent to which the proposed use could affect the value and enjoyment of adjacent owners.

(B) After considering the views of interested agencies, local governments and persons, and after evaluation of biological and economic considerations, if the Council department finds that the application is not contrary to the policies specified in this chapter, it shall issue to the applicant a permit. The permit may be conditioned upon the applicant's amending the proposal to take whatever measures the Council department feels are necessary to protect the public interest. At the request of twenty citizens or residents of the county or counties affected, the Council department shall hold a public hearing on any application which has an effect on a critical area, prior to issuing a permit. Such public hearings shall be open to all citizens of the State. When applicable, joint public hearings will be held in conjunction with any such hearings required by the U. S. Army Corps of Engineers. On any permit application pertaining to a specific development which has been approved by the Council department, the Council department may support the applicant with respect to any federal permit applications pertaining to the same specific development.

(C) The Council department shall act upon an application for a permit within ninety days after the application is filed. Provided, however, that in the case of minor developments, as defined in Section 48-39-10, the Council department shall have the authority to approve such permits and shall act within thirty days. In the event a permit is denied the Council department shall state the reasons for such denial and such reasons must be in accordance with the provisions of this chapter.

(D) Any applicant having a permit denied or any person adversely affected by the granting of the permit has the right of direct appeal to the Council commissioners. Any applicant having a permit denied may challenge the validity of any or all reasons given for denial.

(E) Any permit may be revoked for noncompliance with or violation of its terms after written notice of intention to do so has been given the holder and the holder given an opportunity to present an explanation to the Council department.

(F) Work authorized by permits issued hereunder shall be completed within three years after the date of issuance of the permit. The time limit may be extended for good cause showing that due diligence toward completion of the work has been made as evidenced by significant work progress.

Section 48-39-160. The circuit court of the county in which the affected critical area or any part thereof lies shall have jurisdiction to restrain a violation of this chapter at the suit of the Council department, the Attorney General or any person adversely affected. In the event the affected critical area lies in more than one county, jurisdiction shall be in the circuit court of any county in which any part of the area lies. In the same action the circuit court having jurisdiction over the affected area may require such area to be restored to its original condition, if possible, and environmentally desirable. In the alternative, the Council department may complete the restoration at the expense of the person altering the area in which case suit for recovery of the amount so expended may be brought in any court having jurisdiction to restrain a violation. No bond shall be required as a condition of the granting of a temporary restraining order under this section, except that the court may in its discretion require that a reasonable bond be posted by any person requesting the court to restrain a violation of this chapter.

Section 48-39-170. (A) Any person violating any provision of this chapter shall be deemed guilty of a misdemeanor and upon conviction shall be punished by imprisonment of not more than six months or by a fine of not more than five thousand dollars, or both, for the first offense, and by imprisonment of not more than one year, or by a fine of not more than ten thousand dollars, or both, for each subsequent offense.

(B) Any violation of any provision of this chapter involving five yards square (225 square feet) or less of critical area may be treated as a minor violation, the penalty for which shall be a fine of not less than fifty dollars nor more than two hundred dollars. The conservation officers enforcement officers of the Natural Resources Enforcement Division of the South Carolina Wildlife and Marine Resources Department Department of Wildlife, Marine and Natural Resources may serve warrants under this provision and otherwise enforce this chapter. The magistrates of this State have jurisdiction over minor violations of this chapter. Each day of noncompliance with any order issued relative to a minor violation or noncompliance with any permit, regulation, standard, or requirement relative to a minor violation shall constitute a separate offense; provided, however, that violations which involve the construction or repair of water control structures shall not be considered minor violations regardless of the area involved.

(C) Any person who is determined to be in violation of any provision of this chapter by the Coastal Council department shall be liable for, and may be assessed by the Council department for, a civil penalty of not less than one hundred dollars nor more than one thousand dollars per day of violation. Whenever the Council department determines that any person is in violation of any permit, regulation, standard, or requirement under this chapter, the Council department may issue an order requiring such person to comply with such permit, regulation, standard, or requirement, including an order requiring restoration when deemed environmentally appropriate by the Council department; in addition, the Council department may bring a civil enforcement action under this section as well as seeking an appropriate injunctive relief under Section 48-39-160.

(D) All penalties assessed and collected pursuant to this section shall be deposited in the general fund of the State.

Section 48-39-180. Any applicant whose permit application has been finally denied, revoked, suspended or approved subject to conditions of the Council department, or any person adversely affected by the permit, may, within twenty days after receiving notice thereof, file petition in the circuit court having jurisdiction over the affected land for a review of the Council's division's action "de novo" or to determine whether the Council's division's action so restricts or otherwise affects the use of the property as to deprive the owner of its existing practical use and is an unreasonable exercise of the State's police power because the action constitutes the equivalent of taking without compensation. If the court finds the action to be an unreasonable exercise of the police power it shall enter a finding that the action shall not apply to the land of the plaintiff, or in the alternative, that the Council department shall pay reasonable compensation for the loss of use of the land. The use allowed by any permit issued under this chapter may, in the discretion of the court, be stayed pending decision on all appeals that may be taken. The circuit court may in its discretion require that a reasonable bond be posted by any person. It is specifically intended that any person whose permit application has been denied may have such permit issued by the circuit court having jurisdiction if such person can prove the reasons given for denial to be invalid.

Section 48-39-190. Nothing in this chapter shall affect the status of the title of the State or any person to any land below the mean highwater mark. The State shall in no way be liable for any damages as a result of the erection of permitted works.

Section 48-39-200. Notwithstanding any other provisions of this chapter, the Council division shall have no direct regulatory authority over any area outside the critical areas in the coastal zone.

Section 48-39-210. Ninety days after July 1, 1977, the Council The department shall be the only state agency with authority to permit or deny any alteration or utilization within the critical area except for the exemptions granted under Section 48-39-130(D) and such application for a permit shall be acted upon within the time prescribed by this chapter.

Section 48-39-220. (A) Any person claiming an interest in tidelands which, for the purpose of this section, means all lands except beaches in the Coastal Zone between the mean high-water mark and the mean low-water mark of navigable waters without regard to the degree of salinity of such waters, may institute an action against the State of South Carolina for the purpose of determining the existence of any right, title or interest of such person in and to such tidelands as against the State. Service of process shall be made upon the secretary of the State Budget and Control Board.

(B) Any party may demand a trial by jury in any such action by serving upon the other party(s) a demand therefor in writing at any time after the commencement of the action and not later than ten (10) days after the service of the last pleading directed to such issue. Such demand may be endorsed upon a pleading of the party.

(C) Nothing contained in this chapter shall be construed to change the law of this State as it exists on July 1, 1977, relative to the right, title, or interest in and to such tidelands, except as set forth in this section.

(D) The Attorney General shall immediately notify the Council department upon receipt of any private suit made under this section, his response to that suit, and the final disposition of the suit. The Council department will publish all such notifications in the state register.

Section 48-39-250. The General Assembly finds that:

(1) The beach/dune system along the coast of South Carolina is extremely important to the people of this State and serves the following functions:

(a) protects life and property by serving as a storm barrier which dissipates wave energy and contributes to shoreline stability in an economical and effective manner;

(b) provides the basis for a tourism industry that generates approximately two-thirds of South Carolina's annual tourism industry revenue which constitutes a significant portion of the state's economy. The tourists who come to the South Carolina coast to enjoy the ocean and dry sand beach contribute significantly to state and local tax revenues;

(c) provides habitat for numerous species of plants and animals, several of which are threatened or endangered. Waters adjacent to the beach/dune system also provide habitat for many other marine species;

(d) provides a natural healthy environment for the citizens of South Carolina to spend leisure time which serves their physical and mental well-being.

(2) Beach/dune system vegetation is unique and extremely important to the vitality and preservation of the system.

(3) Many miles of South Carolina's beaches have been identified as critically eroding.

(4) Chapter 39 of Title 48, Coastal Tidelands and Wetlands, prior to 1988, did not provide adequate jurisdiction to the South Carolina Coastal Council to enable it to effectively protect the integrity of the beach/dune system. Consequently, without adequate controls, development unwisely has been sited too close to the system. This type of development has jeopardized the stability of the beach/dune system, accelerated erosion, and endangered adjacent property. It is in both the public and private interests to protect the system from this unwise development.

(5) The use of armoring in the form of hard erosion control devices such as seawalls, bulkheads, and rip-rap to protect erosion-threatened structures adjacent to the beach has not proven effective. These armoring devices have given a false sense of security to beachfront property owners. In reality, these hard structures, in many instances, have increased the vulnerability of beachfront property to damage from wind and waves while contributing to the deterioration and loss of the dry sand beach which is so important to the tourism industry.

(6) Erosion is a natural process which becomes a significant problem for man only when structures are erected in close proximity to the beach/dune system. It is in both the public and private interests to afford the beach/dune system space to accrete and erode in its natural cycle. This space can be provided only by discouraging new construction in close proximity to the beach/dune system and encouraging those who have erected structures too close to the system to retreat from it.

(7) Inlet and harbor management practices, including the construction of jetties which have not been designed to accommodate the longshore transport of sand, may deprive downdrift beach/dune systems of their natural sand supply. Dredging practices which include disposal of beach quality sand at sea also may deprive the beach/dune system of much-needed sand.

(8) It is in the state's best interest to protect and to promote increased public access to South Carolina's beaches for out-of-state tourists and South Carolina residents alike.

(9) Present funding for the protection, management, and enhancement of the beach/dune system is inadequate.

(10) There is no coordinated state policy for post-storm emergency management of the beach/dune system.

(11) A long-range comprehensive beach management plan is needed for the entire coast of South Carolina to protect and manage effectively the beach/dune system, thus preventing unwise development and minimizing man's adverse impact on the system.

Section 48-39-260. In recognition of its stewardship responsibilities, the policy of South Carolina is to:

(1) protect, preserve, restore, and enhance the beach/dune system, the highest and best uses of which are declared to provide:

(a) protection of life and property by acting as a buffer from high tides, storm surge, hurricanes, and normal erosion;

(b) a source for the preservation of dry sand beaches which provide recreation and a major source of state and local business revenue;

(c) an environment which harbors natural beauty and enhances the well-being of the citizens of this State and its visitors;

(d) natural habitat for indigenous flora and fauna including endangered species;

(2) create a comprehensive, long-range beach management plan and require local comprehensive beach management plans for the protection, preservation, restoration, and enhancement of the beach/dune system. These plans must promote wise use of the state's beachfront to include a gradual retreat from the system over a forty-year period;

(3) severely restrict the use of hard erosion control devices to armor the beach/dune system and to encourage the replacement of hard erosion control devices with soft technologies as approved by the South Carolina Coastal Council Division which will provide for the protection of the shoreline without long-term adverse effects;

(4) encourage the use of erosion-inhibiting techniques which do not adversely impact the long-term well-being of the beach/dune system;

(5) promote carefully planned nourishment as a means of beach preservation and restoration where economically feasible;

(6) preserve existing public access and promote the enhancement of public access to assure full enjoyment of the beach by all our citizens including the handicapped and encourage the purchase of lands adjacent to the Atlantic Ocean to enhance public access;

(7) involve local governments in long-range comprehensive planning and management of the beach/dune system in which they have a vested interest;

(8) establish procedures and guidelines for the emergency management of the beach/dune system following a significant storm event.

Section 48-39-270. As used in this chapter:

(1) Erosion control structures or devices include:

(a) seawall: a special type of retaining wall that is designed specifically to withstand normal wave forces;

(b) bulkhead: a retaining wall designed to retain fill material but not to withstand wave forces on an exposed shoreline;

(c) revetment: a sloping structure built along an escarpment or in front of a bulkhead to protect the shoreline or bulkhead from erosion.

(2) Habitable structure means a structure suitable for human habitation including, but not limited to, single or multifamily residences, hotels, condominium buildings, and buildings for commercial purposes. Each building of a condominium regime is considered a separate habitable structure but, if a building is divided into apartments, then the entire building, not the individual apartment, is considered a single habitable structure. Additionally, a habitable structure includes porches, gazebos, and other attached improvements.

(3) Council Division means the South Carolina Coastal Council Division of the Department of Wildlife, Marine and Natural Resources.

(4) Beach nourishment means the artificial establishment and periodic renourishment of a beach with sand that is compatible with the existing beach in a way so as to create a dry sand beach at all stages of the tide.

(5) The beach/dune system includes all land from the mean highwater mark of the Atlantic Ocean landward to the setback line described in Section 48-39-280.

(6) A standard erosion zone is a segment of shoreline which is subject to essentially the same set of coastal processes, has a fairly constant range of profiles and sediment characteristics, and is not influenced directly by tidal inlets or associated inlet shoals.

(7) An inlet erosion zone is a segment of shoreline along or adjacent to tidal inlets which is influenced directly by the inlet and its associated shoals.

(8) Master plan means a document or a map prepared by a developer or a city as a policy guide to decisions about the physical development of the project or community.

(9) Planned development means a development plan which has received local approval for a specified number of dwelling and other units. The siting and size of structures and amenities are specified or restricted within the approval. This term specifically references multifamily or commercial projects not otherwise referenced by the terms, master plan, or planned unit development.

(10) Planned unit development means a residential, commercial, or industrial development, or all three, designed as a unit and approved by local government.

(11) Destroyed beyond repair means that more than sixty-six and two-thirds percent of the replacement value of the habitable structure or pool has been destroyed. If the owner disagrees with the appraisal of the council division, he may obtain an appraisal to evaluate the damage to the building or pool. If the appraisals differ, then the two appraisers must select a third appraiser. If the two appraisers are unable to select a third appraiser, the clerk of court of the county where the structure lies must make the selection. Nothing in this section prevents a court of competent jurisdiction from reviewing, de novo, the appraisal upon the petition of the property owner.

(12) Pool is a structure designed and used for swimming and wading.

(13) Active beach is that area seaward of the escarpment or the first line of stable natural vegetation, whichever first occurs, measured from the ocean.

Section 48-39-280. (A) A forty-year policy of retreat from the shoreline is established. The council division must implement this policy and must utilize the best available scientific and historical data in the implementation. The council division must establish a baseline which parallels the shoreline for each standard erosion zone and each inlet erosion zone.

(1) The baseline for each standard erosion zone is established at the location of the crest of the primary oceanfront sand dune in that zone. In standard erosion zones in which the shoreline has been altered naturally or artificially by the construction of erosion control devices, groins, or other manmade alterations, the baseline must be established by the council division using the best scientific and historical data, as where the crest of the primary oceanfront sand dunes for that zone would be located if the shoreline had not been altered.

(2) The baseline for inlet erosion zones that are not stabilized by jetties, terminal groins, or other structures must be determined by the council division as the most landward point of erosion at any time during the past forty years, unless the best available scientific and historical data of the inlet and adjacent beaches indicate that the shoreline is unlikely to return to its former position. In collecting and utilizing the best scientific and historical data available for the implementation of the retreat policy, the council division, as part of the State Comprehensive Beach Management Plan provided for in this chapter, among other factors, must consider: historical inlet migration, inlet stability, channel and ebb tidal delta changes, the effects of sediment bypassing on shorelines adjacent to the inlets, and the effects of nearby beach restoration projects on inlet sediment budgets.

(3) The baseline within inlet erosion zones that are stabilized by jetties, terminal groins, or other structures must be determined in the same manner as provided for in item (1). However, the actual location of the crest of the primary oceanfront sand dunes of that erosion zone is the baseline of that zone, not the location if the inlet had remained unstabilized.

(4) Notwithstanding any other provision of this section, where a council division-approved beach nourishment project has been completed, the local government or the landowners, with notice to the local government, may petition the council division to move the baseline as far seaward as the landward edge of the erosion control structure or device or, if there is no existing erosion control structure or device, then as far seaward as the post project baseline as determined by the council division in accordance with Section 48-39-280(A)(1) by showing that the beach has been stabilized by council division-approved beach nourishment. If the petitioner is asking that the baseline be moved seaward pursuant to this section, he must show an ongoing commitment to renourishment which will stabilize and maintain the dry sand beach at all stages of the tide for the foreseeable future. If the council division grants the petition to move the baseline seaward pursuant to this section, no new construction may occur in the area between the former baseline and the new baseline for three years after the initial beach nourishment project has been completed as determined by the council division. If the beach nourishment fails to stabilize the beach after a reasonable period of time, the council division must move the baseline landward to the primary oceanfront sand dune as determined pursuant to items (1), (2), and (3) for that section of the beach.

(B) To implement the retreat policy provided for in subsection (A), a setback line must be established landward of the baseline a distance which is forty times the average annual erosion rate or not less than twenty feet from the baseline for each erosion zone based upon the best historical and scientific data adopted by the council division as a part of the State Comprehensive Beach Management Plan.

(C) The council division, before July 3, 1991, must establish a final baseline and setback line for each erosion zone based on the best available scientific and historical data as provided in subsection (B) and with consideration of public input. The baseline and setback line must not be revised before July 1, 1998, nor later than July 1, 2000. After that revision, the baseline and setback line must be revised not less than every eight years but not more than every ten years after each preceding revision. In the establishment and revision of the baseline and setback line, the council division must transmit and otherwise make readily available to the public all information upon which its decisions are based for the establishment of the final baseline and setback line. The council division must hold one public hearing before establishing the final baseline and setback lines. Until the council division establishes new baselines and setback lines, the existing baselines and setback lines must be used. The council division may stagger the revision of the baselines and setback lines of the erosion zones so long as every zone is revised in accordance with the time guidelines established in this section.

(D) In order to locate the baseline and the setback line, the council division must establish monumented and controlled survey points in each county fronting the Atlantic Ocean. The council division must acquire sufficient surveyed topographical information on which to locate the baseline. Surveyed topographical data typically must be gathered at two thousand foot intervals. However, in areas subject to significant near-term development and in areas currently developed, the interval, at the discretion of the council division, may be more frequent. The resulting surveys must locate the crest of the primary oceanfront sand dunes to be used as the baseline for computing the forty-year erosion rate. In cases where no primary oceanfront sand dunes exist, a study conducted by the council division is required to determine where the upland location of the crest of the primary oceanfront sand dune would be located if the shoreline had not been altered. The council department, by regulation, may exempt specifically described portions of the coastline from the survey requirements of this section when, in its judgment, the portions of coastline are not subject to erosion or are not likely to be developed by virtue of local, state, or federal programs in effect on the coastline which would preclude significant development, or both.

(E) A landowner claiming ownership of property affected who feels that the final or revised setback line, baseline, or erosion rate as adopted is in error, upon submittal of substantiating evidence, must be granted a review of the setback line, baseline, or erosion rate, or a review of all three. The requests must be forwarded to the appropriate committee of the council division and handled in accordance with the council's department's regulations on appeals.

Section 48-39-290. (A) No new construction or reconstruction is allowed seaward of the baseline except:

(1) wooden walkways no larger in width than six feet;

(2) small wooden decks no larger than one hundred forty-four square feet;

(3) fishing piers which are open to the public. Those fishing piers with their associated structures including, but not limited to, baitshops, restrooms, restaurants, and arcades which existed September 21, 1989, may be rebuilt if they are constructed to the same dimensions and utilized for the same purposes and remain open to the public. In addition, those fishing piers with their associated structures which existed on September 21, 1989, that were privately owned, privately maintained, and not open to the public on this date also may be rebuilt and used for the same purposes if they are constructed to the same dimensions;

(4) golf courses;

(5) normal landscaping;

(6) structures specifically permitted by special permit as provided in subsection (D);

(7) pools may be reconstructed if they are landward of an existing, functional erosion control structure or device. A permit must be obtained from the council division for items (2) through (7).

(B) Construction, reconstruction, or alterations between the baseline and the setback line are governed as follows:

(1) Habitable structures:

(a) New habitable structures: If part of a new habitable structure is constructed seaward of the setback line, the owner must certify in writing to the council division that the construction meets the following requirements:

(i) The habitable structure is no larger than five thousand square feet of heated space. The structure must be located as far landward on the property as practicable. A drawing must be submitted to the council division showing a footprint of the structure on the property, a cross section of the structure, and the structure's relation to property lines and setback lines which may be in effect. No erosion control structure or device may be incorporated as an integral part of a habitable structure constructed pursuant to this section.

(ii) No part of the building is being constructed on the primary oceanfront sand dune or seaward of the baseline.

(b) Habitable structures which existed on the effective date of Act 634 of 1988 or constructed pursuant to this section:

(i) Normal maintenance and repair of habitable structures is allowed without notice to the council division.

(ii) Additions to habitable structures are allowed if the additions together with the existing structure do not exceed five thousand square feet of heated space. Additions to habitable structures must comply with the conditions of new habitable structures as set forth in subitem (a).

(iii) Repair or renovation of habitable structures damaged, but not destroyed beyond repair, due to natural or manmade causes is allowed.

(iv) Replacement of habitable structures destroyed beyond repair due to natural causes is allowed after notification is provided by the owner to the council division that all of the following requirements are met:

a. The total square footage of the replaced structure seaward of the setback line does not exceed the total square footage of the original structure seaward of the setback line. The linear footage of the replaced structure parallel to the coast does not exceed the original linear footage parallel to the coast.

b. The replaced structure is no farther seaward than the original structure.

c. Where possible, the replaced structure is moved landward of the setback line or, if not possible, then as far landward as is practicable, considering local zoning and parking regulations.

d. The reconstruction is not seaward of the baseline unless permitted elsewhere in Sections 48-39-250 through 48-39-360.

(v) Replacement of habitable structures destroyed beyond repair due to manmade causes is allowed provided the rebuilt structure is no larger than the original structure it replaces and is constructed as far landward as possible, but the new structure must not be farther seaward than the original structure.

(2) Erosion control devices:

(a) No new erosion control structures or devices are allowed seaward of the setback line except to protect a public highway which existed on the effective date of this act.

(b) Erosion control structures or devices which existed on the effective date of this act must not be repaired or replaced if destroyed:

(i) more than eighty percent above grade through June 30, 1995;

(ii) more than sixty-six and two-thirds percent above grade from July 1, 1995, through June 30, 2005;

(iii) more than fifty percent above grade after June 30, 2005.

(iv) Damage to seawalls and bulkheads must be judged on the percent of the structure remaining intact at the time of damage assessment. The portion of the structure or device above grade parallel to the shoreline must be evaluated. The length of the structure or device parallel to the shoreline still intact must be compared to the length of the structure or device parallel to the shoreline which has been destroyed. The length of the structure or device parallel to the shoreline determined to be destroyed divided by the total length of the original structure or device parallel to the shoreline yields the percent destroyed. Those portions of the structure or device standing, cracked or broken piles, whalers, and panels must be assessed on an individual basis to ascertain if these components are repairable or if replacement is required. Revetments must be judged on the extent of displacement of stone, effort required to return these stones to the prestorm event configuration of the structure or device, and ability of the revetment to retain backfill material at the time of damage assessment. If the property owner disagrees with the assessment of a registered professional engineer acting on behalf of the council division, he may obtain an assessment by a registered professional engineer to evaluate, as set forth in this item, the damage to the structure or device. If the two assessments differ, then the two engineers who performed the assessments must select a registered professional engineer to perform the third assessment. If the first two engineers are unable to select an engineer to perform the third assessment, the clerk of court of the county where the structure or device lies must make the selection of a registered professional engineer. The determination of percentage of damage by the third engineer is conclusive.

(v) The determination of the degree of destruction must be made on a lot by lot basis by reference to county tax maps.

(vi) Erosion control structures or devices must not be enlarged, strengthened, or rebuilt but may be maintained in their present condition if not destroyed more than the percentage allowed in Section 48-39-290(B)(2)(b)(i), (ii), and (iii). Repairs must be made with materials similar to those of the structure or device being repaired.

(c) Erosion control structures or devices determined to be destroyed more than the percentage allowed in Section 48-39-290(B)(2)(b)(i), (ii), and (iii) must be removed at the owner's expense. Nothing in this section requires the removal of an erosion control structure or a device protecting a public highway which existed on the effective date of Act 634 of 1988.

(d) The provisions of this section do not affect or modify the provisions of Section 48-39-120(C).

(3) Pools, as defined in Section 48-39-270(12):

(a) No new pools may be constructed seaward of the setback line unless the pool is built landward of an erosion control structure or device which was in existence or permitted on the effective date of this act and is built as far landward as practical.

(b) Normal maintenance and repair is allowed without notice to the council division.

(c) If a pool, existing on July 1, 1988, is destroyed beyond repair, as determined by the council division pursuant to Section 48-39-270(11), it may be replaced if the owner certifies in writing to the council division that:

(i) It is moved as far landward as practical. This determination of practicality must include the consideration of local zoning requirements.

(ii) It is rebuilt no larger than the destroyed pool.

(iii) It is constructed according to acceptable standards of pool construction and cannot be reinforced in a manner so as to act as an erosion control structure or device.

(d) If a pool is not destroyed beyond repair as determined by the council division pursuant to Section 48-39-270(11) but the owner wishes to replace it, the owner may do so if:

(i) The dimensions of the pool are not enlarged.

(ii) The construction conforms to sub-subitem (iii) of subitem (c).

(4) All other construction or alteration between the baseline and the setback line requires a council division permit. However, the council division, in its discretion, may issue general permits for construction or alterations where issuance of the general permits would advance the implementation and accomplishment of the goals and purposes of Sections 48-39-250 through 48-39-360.

(C) (1) Notwithstanding the provisions relating to new construction, a person, partnership, or corporation owning real property that is affected by the setback line as established in Section 48-39-280 may proceed with construction pursuant to a valid building permit issued as of the effective date of this section. The person, partnership, or corporation may proceed with the construction of buildings and other elements of a master plan, planned development, or planned unit development notwithstanding the setback line established in this chapter if the person, partnership, or corporation legally has begun a use as evidenced by at least one of the following:

(a) All building permits have been applied for or issued by a local government before July 1, 1988.

(b) There is a master plan, planned development, or planned unit development:

(i) that has been approved in writing by a local government before July 1, 1988; or

(ii) where work has begun pursuant to approval as evidenced by the completion of the utility and infrastructure installation designed to service the real property that is subject to the setback line and included in the approved master plan, planned development, or planned unit development.

(2) However, repairs performed on a habitable structure built pursuant to this section are subject to the guidelines for repairs as set forth in this section.

(3) Nothing in this section prohibits the construction of fishing piers or structures which enhance beach access seaward of the baseline, if permitted by the council department.

(D) Special permits:

(1) If an applicant requests a permit to build or rebuild a structure other than an erosion control structure or device seaward of the baseline that is not allowed otherwise pursuant to Sections 48-39-250 through 48-39-360, the council department may issue a special permit to the applicant authorizing the construction or reconstruction if the structure is not constructed or reconstructed on a primary oceanfront sand dune or on the active beach and, if the beach erodes to the extent the permitted structure becomes situated on the active beach, the permittee agrees to remove the structure from the active beach if the council division orders the removal. However, the use of the property authorized under this provision, in the determination of the council division, must not be detrimental to the public health, safety, or welfare.

(2) The council's division's Permitting Committee is the committee to consider applications for special permits.

(3) In granting recomending that a special permit be granted by the department, the committee may impose reasonable additional conditions and safeguards as, in its judgment, will fulfill the purposes of Sections 48-39-250 through 48-39-360.

(4) A party aggrieved by the committee's decision to grant or deny a special permit application may appeal to the full council department pursuant to Section 48-39-150(D).

(E) The provisions of this section and Section 48-39-280 do not apply to an area in which the erosion of the beaches located in its jurisdiction is attributed to a federally authorized navigation project as documented by the findings of a Section 111 Study conducted under the authority of the federal Rivers and Harbors Act of 1968, as amended by the federal Water Resources Development Act of 1986, and approved by the United States Army Corps of Engineers. Nothing contained in this subsection makes this area ineligible for beach renourishment funds. The baseline determined by the local governing body and the council division is the line of erosion control devices and structures and the council division retains its jurisdiction seaward of the baseline. In addition, upon completion of a council division approved beach renourishment project, including the completion of a sand transfer system if necessary for long-term stabilization, an area under a Section 111 Study becomes subject to all the provisions of this chapter. For the purposes of this section, a beach nourishment project stabilizing the beach exists if a successful restoration project is completed consisting of at least one hundred fifty cubic yards a foot over a length of five and one-half miles, with a project design capable of withstanding a one-in-ten-year storm, as determined by council division, and renourishment is conducted annually at a rate, agreed upon by the council division and local governing body, equivalent to that which would occur naturally if the navigation project causing the erosion did not exist. If the two parties cannot agree, then the council division must obtain the opinion of an independent third party. Any habitable structure located in an area in which the erosion of the beaches located in its jurisdiction is attributed to a federally authorized navigation project as documented by the findings of a Section 111 Study, which was in existence on September 21, 1989, and was over forty years old on that date and is designated by the local governing body as an historical landmark may be rebuilt seaward of the baseline if it is rebuilt to the exact specifications, dimensions, and exterior appearance of the structure as it existed on that date.

Section 48-39-300. A local governing body, if it notifies the council division before July 1, 1990, may exempt from the provisions of Section 48-39-290, relating to reconstruction and removal of erosion control devices, the shorelines fronting the Atlantic Ocean under its jurisdiction where coastal erosion has been shown to be attributed to a federally authorized navigation project as documented by the findings of a Section 111 Study conducted under the authority of the Rivers and Harbors Act of 1968, as amended by the Water Resources Development Act of 1986 and approved by the United States Army Corps of Engineers. Erosion control devices exempt under this section must not be constructed seaward of their existing location, increased in dimension, or rebuilt out of materials different from that of the original structure.

Section 48-39-305. (A) A person having a recorded interest or interest by operation of law in or having registered claim to land seaward of the baseline or setback line which is affected by the prohibition of construction or reconstruction may petition the circuit court to determine whether the petitioner is the owner of the land or has an interest in it. If he is adjudged the owner of the land or to have an interest in it, the court shall determine whether the prohibition so restricts the use of the property as to deprive the owner of the practical uses of it and is an unreasonable exercise of police power and constitutes a taking without compensation. The burden of proof is on the petitioner as to ownership, and the burden of proof is on the State to prove that the prohibition is not an unreasonable exercise of police power.

(B) The method provided in this section for the determination of the issue of whether the prohibition constitutes a taking without compensation is the exclusive judicial determination of the issue, and it must not be determined in another judicial proceeding. The court shall enter a judgment in accordance with the issues. If the judgment is in favor of the petitioner, the order must require the State either to issue the necessary permits for construction or reconstruction of a structure, order that the prohibition does not apply to the property, or provide reasonable compensation for the loss of the use of the land or the payment of costs and reasonable attorney's fees, or both. Either party may appeal the court's decision.

Section 48-39-310. The destruction of beach or dune vegetation seaward of the setback line is prohibited unless there is no feasible alternative. When there is destruction of vegetation permitted seaward of the setback line, mitigation, in the form of planting of new vegetation where possible, for the destruction is required as part of the permit conditions.

Section 48-39-320. (A) The council's division's responsibilities include the creation of a long-range and comprehensive beach management plan for the Atlantic Ocean shoreline in South Carolina. The plan must include all of the following:

(1) development of the data base for the state's coastal areas to provide essential information necessary to make informed and scientifically based decisions concerning the maintenance or enhancement of the beach/dune system;

(2) development of guidelines and their coordination with appropriate agencies and local governments for the accomplishment of:

(a) beach/dune restoration and nourishment, including the projected impact on coastal erosion rates, cost/benefit of the project, impact on flora and fauna, and funding alternatives;

(b) development of a beach access program to preserve the existing public access and enhance public access to assure full enjoyment of the beach by all residents of this State;

(c) maintenance of a dry sand and ecologically stable beach;

(d) protection of all sand dunes seaward of the setback line;

(e) protection of endangered species, threatened species, and important habitats such as nesting grounds;

(f) regulation of vehicular traffic upon the beaches and the beach/dune system which includes the prohibition of vehicles upon public beaches for nonessential uses;

(g) development of a mitigation policy for construction allowed seaward of the setback line, which must include public access ways, nourishment, vegetation, and other appropriate means;

(3) formulation of recommendations for funding programs which may achieve the goals set forth in the State Comprehensive Beach Management Plan;

(4) development of a program on public education and awareness of the importance of the beach/dune system, the project to be coordinated with the South Carolina Educational Television Network and Department of Parks, Recreation and Tourism;

(5) assistance to local governments in developing the local comprehensive beach management plans.

(B) The plan provided for in this section is to be used for planning purposes only and must not be used by the council division to exercise regulatory authority not otherwise granted in this chapter, unless the plan is created and adopted pursuant to Chapter 23 of Title 1.

Section 48-39-330. Thirty days after the initial adoption by the council division of setback lines, a contract of sale or transfer of real property located in whole or in part seaward of the setback line or the jurisdictional line must contain a disclosure statement that the property is or may be affected by the setback line, baseline, and the seaward corners of all habitable structures referenced to the South Carolina State Plane Coordinate System (N.A.D.-1983) and include the local erosion rate most recently made available by the council division for that particular standard zone or inlet zone as applicable. Language reasonably calculated to call attention to the existence of baselines, setback lines, jurisdiction lines, and the seaward corners of all habitable structures and the erosion rate complies with this section. The provisions of this section are regulatory in nature and do not affect the legality of an instrument violating the provisions.

Section 48-39-340. Funding for local governments to provide for beachfront management must be distributed in a fair and equitable manner. Consideration must be given to the size of the locality, the need for beach management in the area, the cost/benefits of expenditures in that area, and the best interest of the beach/dune system of the State as established by priority by the council division.

Section 48-39-350. (A) The local governments must prepare by July 1, 1991, in coordination with the council division, a local comprehensive beach management plan which must be submitted for approval to the council division. The local comprehensive beach management plan, at a minimum, must contain all of the following:

(1) an inventory of beach profile data and historic erosion rate data provided by the council division for each standard erosion zone and inlet erosion zone under the local jurisdiction;

(2) an inventory of public beach access and attendant parking along with a plan for enhancing public access and parking;

(3) an inventory of all structures located in the area seaward of the setback line;

(4) an inventory of turtle nesting and important habitats of the beach/dune system and a protection and restoration plan if necessary;

(5) a conventional zoning and land use plan consistent with the purposes of this chapter for the area seaward of the setback line;

(6) an analysis of beach erosion control alternatives, including renourishment for the beach under the local government's jurisdiction;

(7) a drainage plan for the area seaward of the setback zone;

(8) a post disaster plan including plans for cleanup, maintaining essential services, protecting public health, emergency building ordinances, and the establishment of priorities, all of which must be consistent with this chapter;

(9) a detailed strategy for achieving the goals of this chapter by the end of the forty-year retreat period. Consideration must be given to relocating buildings, removal of erosion control structures, and relocation of utilities;

(10) a detailed strategy for achieving the goals of preservation of existing public access and the enhancement of public access to assure full enjoyment of the beach by all residents of this State. The plan must be updated at least every five years in coordination with the council division following its approval. The local governments and the council division must implement the plan by July 1, 1992.

(B) Notwithstanding the provisions of Section 48-39-340, if a local government fails to act in a timely manner to establish and enforce a local coastal beach management plan, the council division must impose and implement the plan or the State Comprehensive Beach Management Plan for the local government. If a local government fails to establish and enforce a local coastal beach management plan, the government automatically loses its eligibility to receive available state-generated or shared revenues designated for beach/dune system protection, preservation, restoration, or enhancement, except as directly applied by the council division in its administrative capacities.

Section 48-39-355. A permit is not required for an activity specifically authorized in this chapter. However, the council division may require documentation before the activity begins from a person wishing to undertake an authorized construction or reconstruction activity. The documentation must provide that the construction or reconstruction is in compliance with the terms of the exemptions or exceptions provided in Sections 48-39-280 through 48-39-360.

Section 48-39-360. The provisions of Sections 48-39-250 through 48-39-355 do not apply to an area which is at least one-half mile inland from the mouth of an inlet.

SECTION 444. Chapter 43 of Title 48 of the 1976 Code is amended to read:

"Section 48-43-10. Unless the context otherwise requires, the terms defined in this section shall have the following meaning when used in this chapter:

(A) "Waste" means and includes:

(1) physical waste, as that term is generally understood in the oil and gas industry;

(2) the inefficient, excessive, or improper use, or the unnecessary dissipation of, reservoir energy;

(3) the inefficient storing of oil and gas;

(4) the locating, drilling, equipping, operating, or producing of any oil or gas well in a manner that causes, or tends to cause, reduction in the quantity of oil or gas ultimately recoverable from a pool under prudent and proper operations, or that causes or tends to cause unnecessary or excessive surface loss or destruction or oil or gas;

(5) the production of oil or gas in excess of

(a) transportation or marketing facilities;

(b) the amount reasonably required to be produced in the proper drilling, completing or testing of the well from which it is produced; or

(c) oil or gas otherwise usefully utilized but gas produced from an oil well or condensate well pending the time when, with reasonable diligence, the gas can be sold or otherwise usefully utilized on terms and conditions that are just and reasonable shall not be considered waste if the production of such gas has been approved by order of the commission division;

(6) underground or above ground waste in the production or storage of oil, gas, or condensate, however caused, and whether or not defined in other subdivisions hereof.

(B) "Commission Division" means the South Carolina Water Resources Commission Water Resources Division of the Department of Wildlife, Marine and Natural Resources.

(C) "Person" means any natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, or other representatives of any kind, and includes any government or any political subdivision or any agency thereof.

(D) "Oil" means crude petroleum oil and all other hydrocarbons, regardless of gravity, that are produced in liquid form by ordinary production methods, but does not include liquid hydrocarbons that were originally in a gaseous phase in the reservoir.

(E) "Gas" means all natural gas and all other fluid hydrocarbons not hereinabove defined as oil, including condensate because it originally was in the gaseous phase in the reservoir.

(F) "Condensate" means liquid hydrocarbons that were originally in the gaseous phase in the reservoir.

(G) "Pool" means an underground reservoir containing a common accumulation of oil and gas or both; each zone of a structure that is completely separated from any other zone in the same structure is a pool.

(H) "Field" means the general area underlain by one or more pools.

(I) "Owner" means the person who has the right to drill into and produce from a pool and to appropriate the oil or gas that he produces therefrom, either for himself or for himself and others.

(J) "Producer" means the owner of a well or wells capable of producing oil or gas or both.

(K) "Just and Equitable Share of the Production" means, as to each person, that part of the authorized production from the pool that is substantially in the proportion that the amount of recoverable oil or gas or both in the developed areas of his tract or tracts in the pool bears to the recoverable oil or gas or both in the total of the developed areas in the pool.

(L) "Developed Area" means a spacing unit on which a well has been completed that is capable of producing oil or gas, or the acreage that is otherwise attributed to a well by the commission division for allowable purposes.

(M) "Protect Correlative Rights" means that the action or regulation by the commission division should afford a reasonable opportunity to each person entitled thereto to recover or receive the oil or gas in his tract or tracts or the equivalent thereto, without being required to drill unnecessary wells or to incur other unnecessary expense to recover or receive such oil or gas or its equivalent.

(N) "Product" means any commodity made from oil or gas, and includes refined crude oil, crude tops, topped crude, processed crude, processed crude petroleum, residue from crude petroleum, cracking stock, uncracked fuel oil, fuel oil, treated crude oil, residuum, gas oil, casinghead gasoline, natural gas gasoline, kerosene, benzine, wash oil, waste oil, blended gasoline, lubrication oil, blends or mixtures of oil with one or more liquid products or by-products derived from oil or gas, and blends or mixtures of two or more liquid products or by-products derived from oil or gas, whether herein enumerated or not.

(O) "Illegal Oil" means oil that has been produced from any well within the State in excess of the quantity permitted by any rule, regulation, or order of the commission division.

(P) "Illegal Gas" means gas that has been produced from any well within the State in excess of the quantity permitted by any rule, regulation, or order of the commission division.

(Q) "Illegal Product" means any product derived in whole or in part from illegal oil or illegal gas.

(R) "Certificate of Clearance" means a permit prescribed by the commission division for the transportation or the delivery of oil or gas or product.

(S) "Pollutant" means any emission that significantly derogates the quality of the air, water or land.

(T) "Pollution" means the act of emitting pollutants into the air or water or onto the land.

(U) "Royalty owner" means the person who pursuant to a lease arrangement with another has the right to receive, free of costs, an allocation of production or payments based upon the value of production.

(V) "Geothermal resources" mean the resources defined in Section 10-9-310 of the 1976 Code.

(W) "Sanitary landfill" means a solid waste disposal facility regulated by the Department of Health and Environmental Control.

Section 48-43-20. The waste of oil and gas and the pollution of the water, air or land is prohibited.

Section 48-43-30. (A) This chapter shall apply to all lands however owned, including the submerged lands, both inland and offshore, tidelands and wetlands located within the jurisdictional limits of the State and any lands owned or administered by any government or any agency or political subdivision thereof, over which the State, under its police power has jurisdiction; and to that end the commission The Department of Wildlife, Marine and Natural Resources is authorized to:

(1) Prevent waste of oil and gas, to protect correlative rights and to prevent pollution of the water, air and land by oil or gas, and otherwise to administer and enforce this chapter. It has jurisdiction over all persons and property necessary for that purpose. In the event of a conflict, the duty to prevent waste is paramount.

(2) Make such investigations as it deems proper to determine whether action by the commission The Department of Wildlife, Marine and Natural Resources in discharging its duties is necessary.

(3) Hire personnel to carry out the purposes of this chapter.

(B) Without limiting its general authority, the commission division shall have specific authority:

(1) To require:

(a) identification of ownership of oil or gas wells, producing leases, tanks, plants, structures, and facilities for the transportation or refining of oil and gas;

(b) the preparing and filing of well logs and samples, directional surveys and reports on well location, drilling and production, provided, however, that the log and samples of an exploratory or wildcat well need not be filed before one year after the completion of the well and upon the filing of the log and samples of such well the commission The Department of Wildlife, Marine and Natural Resources shall keep the log and samples and information contained therein confidential for one year from the date of filing if requested by the operator in writing to do so and the commission The Department of Wildlife, Marine and Natural Resources may keep the log and samples and information contained therein confidential for an additional year at its discretion if the operator requests in writing that the commission The Department of Wildlife, Marine and Natural Resources keep such log and samples and information confidential for an additional year.

(c) the drilling, casing, operation, and plugging of wells in such manner as to prevent (a) the escape of oil or gas out of one pool into another, (b) the detrimental intrusion of water into an oil or gas pool that is avoidable by efficient operations, (c) the pollution of fresh water supplies by oil, gas, or salt water, and (d) blowouts, cavings, seepages, and fire;

(d) the taking of tests of oil or gas wells;

(e) the furnishing by all persons who apply for a drilling permit a reasonable performance bond with good and sufficient surety with the State of South Carolina as beneficiary to indemnify the State from loss or expense resulting from such person's failure to comply with the provisions of this chapter or the rules, regulations or orders of the commission The Department of Wildlife, Marine and Natural Resources including the duty to plug each dry or abandoned well and to repair each well causing waste or pollution if repair will prevent waste or pollution; a performance bond may cover more than one drilling operation of the same person provided that the amount of such performance bond is increased to cover the additional well each time an application for a drilling permit is submitted to the commission The Department of Wildlife, Marine and Natural Resources by that person.

(f) that the production from wells be separated into gaseous and liquid hydrocarbons, and that each be measured by means and upon standards that may be prescribed by the commission The Department of Wildlife, Marine and Natural Resources;

(g) that wells not be operated with inefficient gas-oil or water-oil ratios, to fix these ratios, and to limit production from wells with inefficient gas-oil or water-oil ratios;

(h) certificates of clearance in connection with the transportation or delivery of oil, gas, or product;

(i) the metering or other measuring of oil, gas, or product;

(j) that every person who produces, sells, purchases, acquires, stores, transports, refines, or processes oil or gas in this State keep and maintain complete and accurate records of the quantities thereof, which records shall be available for examination by the commission The Department of Wildlife, Marine and Natural Resources or its agents at all reasonable times;

(k) the filing of reports or plats with the commission The Department of Wildlife, Marine and Natural Resources that it may prescribe;

(l) permits for the onshore and offshore exploration of oil and gas both on public and private lands whether highlands, wetlands or submerged land;

(m) the placing of meters approved by the commission The Department of Wildlife, Marine and Natural Resources which shall at all times be under the supervision and control of the commission The Department of Wildlife, Marine and Natural Resources wherever the commission The Department of Wildlife, Marine and Natural Resources may designate on all pipelines, gathering systems, barge terminals, loading racks, refineries, or other places deemed necessary to prevent the transportation of illegally produced oil and gas.

(n) payment of reasonable fees for all publications, materials, charts, services and similar items furnished to persons at their request.

(o) that all persons who desire to drill wells for oil or gas obtain a permit from the commission The Department of Wildlife, Marine and Natural Resources prior to the commencement of any drilling operations.

(p) that all pipelines placed in the Atlantic Ocean, its harbors, bays and other bodies of water which are a part of the Atlantic Ocean to transport oil, gas, condensate or product that cross the lands and under waters that are within the territorial jurisdiction of the State of South Carolina be located under the bottom of the Atlantic Ocean, its harbors, bays and other bodies of water which are a part of the Atlantic Ocean so that the pipelines will not interfere with navigation, fishing, shrimping, and other lawful recreational and commercial activities.

(2) To regulate:

(a) the drilling, testing, completing, stimulating, producing, reworking and plugging of wells, and all other operations associated with the production of oil and gas;

(b) the spacing or locating of wells;

(c) operations to increase ultimate recovery, such as cycling of gas, the maintenance of pressure, and the introduction of gas, water or other substances into a producing formation;

(d) the disposal of salt water and oil-field wastes;

(e) the exploration for oil or gas in the waters and on the lands that are within the jurisdictional limits of the State regardless of ownership;

(f) the transportation of oil and gas, as defined by this chapter and as distinguished by the definitions from product, from whatever source to gathering systems, refineries, and other storage and processing facilities which handle oil and gas.

(g) the commingling of oil and gas produced from wells having different owners or producers and to adopt such rules and regulations applicable to such commingling as may be necessary to protect the rights of the owners, producers and royalty owners of the wells from which the commingling oil or gas is produced.

(3) To limit the production of oil, gas, or condensate from any field, pool, area, lease, or well, and to allocate production.

(4) To classify and reclassify pools as oil, gas and condensate pools and to classify and reclassify wells as oil, gas or condensate wells.

(65) To regulate the exploration, drilling, production, and transportation of methane gas in and related to sanitary landfills. The commission The Department of Wildlife, Marine and Natural Resources is authorized to exercise discretion in regulating such activities and may impose any requirement of this chapter as is necessary, in the opinion of the commission The Department of Wildlife, Marine and Natural Resources, to prevent waste of oil and gas, to protect correlative rights and to prevent pollution of the water, air, and land by oil and gas. The commission The Department of Wildlife, Marine and Natural Resources is further authorized to require any person applying for a drilling permit or otherwise producing methane gas in a sanitary landfill to comply with one of the following requirements for financial responsibility in an amount deemed sufficient by the commission The Department of Wildlife, Marine and Natural Resources in its discretion in order to achieve the purpose specified in Section 48-43-30(A)(1):

(i) furnish a bond consistent with the requirements of Section 48-43-30(B)(1)(e); or

(ii) furnish proof of insurance with the State of South Carolina as beneficiary. Before the issuance of drilling permits for methane gas recovery from sanitary landfills, the commission The Department of Wildlife, Marine and Natural Resources shall obtain certification from the Department of Health and Environmental Control that the proposed activity is consistent with the Department of Health and Environmental Control regulations governing the operation, monitoring, and maintenance of the landfills and applicable permit conditions.

(56) To promulgate, after hearing and notice as hereinafter provided, such rules and regulations, and issue such orders reasonably necessary to prevent waste and oil discharges from drilling and production platforms, pipelines, gathering systems, processing facilities, storage facilities, refineries, port facilities, tankers and other facilities and vessels that may be a source of oil spills and to protect correlative rights, to govern the practice and procedure before the commission The Department of Wildlife, Marine and Natural Resources and to fulfill its duties and the purposes of this chapter.

Section 48-43-40. (A) No rule, regulation or order, or amendment thereof, except in an emergency, shall be made by the commission The Department of Wildlife, Marine and Natural Resources without a public hearing upon at least twenty days' notice, exclusive of the date of service. No permit for the construction of a deep water port shall be granted by the commission The Department of Wildlife, Marine and Natural Resources without a public hearing upon at least twenty days' notice, exclusive of the date of service. At least twenty days prior to the invitation for bids for the leasing of state lands for the purpose of oil and gas exploration and production, a public hearing shall be held. The public hearing shall be held at such time and place as may be prescribed by the commission The Department of Wildlife, Marine and Natural Resources, and any interested person shall be entitled to be heard.

(B) When an emergency requiring immediate action is found to exist, the commission The Department of Wildlife, Marine and Natural Resources may make an emergency order without notice of hearing, which shall be effective when made. No emergency order shall be effective for more than sixty days.

(C) Any notice required by this chapter shall be given by the commission The Department of Wildlife, Marine and Natural Resources. Any such notice, at the election of the commission Department of Wildlife, Marine and Natural Resources, may be given by any one or more of the following methods: (a) personal service, (b) publication in one or more issues of a newspaper in general circulation in the state capital or of a newspaper of general circulation in the county where the land affected or some part thereof is situated, or (c) by United States mail addressed, postage prepaid, to the last known mailing address of the person or persons affected. The date of service shall be the date on which service was made in the case of personal service, the date of first publication in the case of notice by publication, and the date of mailing in the case of notice by mail. The notice shall be issued in the name of the State, shall be signed by the chairman, secretary or executive director of the commission Department of Wildlife, Marine and Natural Resources, shall specify the style and number of the proceedings, the time and place of the hearing, and shall briefly state the purpose of the proceeding. Should the commission Department of Wildlife, Marine and Natural Resources elect to give notice by personal service, such service may be made by an officer authorized to serve process, or by any agent of the commission Department of Wildlife, Marine and Natural Resources, in the same manner as is provided by law for the service of process in civil action in the courts of the State. Proof of the service by such agent shall be by the affidavit of the agent making personal service.

(D) All rules, regulations and orders made by the commission Department of Wildlife, Marine and Natural Resources shall be in writing, shall be entered in full and indexed in books to be kept by the commission division for that purpose, and shall be public records open for inspection at all times during office hours. In addition, all rules and regulations shall be filed with the Secretary of State. A copy of any rule, regulation or order, certified by any member of the commission Department of Wildlife, Marine and Natural Resources or executive director the division, under its seal, shall be received in evidence in all courts of this State with the same effect as the original.

(E) The commission Department of Wildlife, Marine and Natural Resources may act upon its own motion or upon the application of any interested person. On the filing of an application concerning any matter within the jurisdiction of the commission Department of Wildlife, Marine and Natural Resources that requires a hearing, the commission Department of Wildlife, Marine and Natural Resources shall promptly fix a date for a hearing thereon, and shall cause notice of the hearing to be given. The hearing shall be held without undue delay after the filing of the application. The commission Department of Wildlife, Marine and Natural Resources shall make its order within thirty days after the conclusion of the hearing.

Section 48-43-50. (A) Any member or authorized employee of the commission Department of Wildlife, Marine and Natural Resources shall have the power to conduct hearings, to summon witnesses, to administer oaths and to require the production of records, books and documents for examination at any hearing or investigation conducted by the commission Department of Wildlife, Marine and Natural Resources.

(B) Upon failure or refusal on the part of any person to comply with a subpoena issued by the commission Department of Wildlife, Marine and Natural Resources, or upon the refusal of any witness to testify as to any matter regarding which he may be interrogated and which is pertinent to the hearing or investigation, any circuit court in the State, upon the application of the commission Department of Wildlife, Marine and Natural Resources, may issue an order to compel such person to comply with such subpoena, and to attend before the commission Department of Wildlife, Marine and Natural Resources and produce such records, books and documents for examination, and to give his testimony. Such court shall have the power to punish for contempt as in the case of disobedience to a like subpoena issued by the court, or for refusal to testify therein.

Section 48-43-60. Any person, who is aggrieved and has a direct interest in the subject matter of any final order issued by the commission Department of Wildlife, Marine and Natural Resources, may appeal such order in accordance with the Administrative Procedures Act. within fifteen days after the date such order is issued by the commission to the court of common pleas for the county in which the property that is the subject matter of such order is located, or, in the event property is not the subject matter of the action, to the court of common pleas for the county in which the appellant resides or for any county in which the appellant is doing business. Any order that is not appealed within fifteen days shall be final.

The court of common pleas to which any appeal is taken shall hear the appeal de novo, but if the commission has conducted a hearing relating to the subject matter of its order and made and maintained a record of the hearing and the appellant has had an opportunity to be heard at the hearing, the review of the court of common pleas shall be limited to the record of the commission's hearing.

The commission or the appellant may appeal the conclusions and findings of the court of common pleas to the South Carolina Supreme Court as provided in other cases.

In all cases in which the commission is a party the Attorney General shall act as counsel for the commission.

Section 48-43-70. Nothing contained in this chapter shall be construed to supersede or take precedence over any of the power, authority or responsibilities conferred upon the Department of Health and Environmental Control by Chapter 1 of Title 48.

Section 48-43-80. Nothing in this chapter shall be deemed to apply to the storage or transportation of liquefied petroleum gas or to industrial effluents discharged into the waters or atmosphere of the state pursuant to either a federal or state permit.

Section 48-43-90. This chapter shall be liberally construed to effect the purposes set forth herein and the Federal Water Pollution Control Act, as amended.

Section 48-43-100. All rules and regulations adopted by the Department or Commission Department of Wildlife, Marine and Natural Resources, as provided for in this chapter, must be approved by the General Assembly before they shall be effective; provided, however, no regulation approved by the General Assembly shall conflict, at the time of approval, with any requirement or be in excess of any statute, rule or regulation of the Federal Government or any department or agency thereof.

Section 48-43-310. The commission Department of Wildlife, Marine and Natural Resources shall require that all persons who explore for oil or gas within the jurisdiction of the State of South Carolina obtain an exploration permit from the commission Department of Wildlife, Marine and Natural Resources. The commission Department of Wildlife, Marine and Natural Resources may include in the permits such conditions and restrictions as the commission Department of Wildlife, Marine and Natural Resources deems to be desirable or necessary and may charge a reasonable fee for the issuance of the permit.

All monies collected by the commission Department of Wildlife, Marine and Natural Resources pursuant to this section shall be forwarded to the State Treasurer who shall place such monies in an account for the commission Department of Wildlife, Marine and Natural Resources and such monies shall be used by the commission Department of Wildlife, Marine and Natural Resources in carrying out its duties imposed by this chapter.

Section 48-43-315. All provisions of this article regulating the leasing for, exploration for, drilling for, transportation of, and production of oil and gas and their products apply to geothermal resources to the extent possible. The provisions of this article do not apply to wells drilled for water supply only.

Section 48-43-320. (A) Whenever the commission Department of Wildlife, Marine and Natural Resources limits the amount of oil that may be produced in the State, the commission Department of Wildlife, Marine and Natural Resources shall allocate the allowable production among the pools on a reasonable basis.

(B) Whenever the commission Department of Wildlife, Marine and Natural Resources limits the total amount of oil, gas, or condensate that may be produced in any pool to an amount less than the amount that the pool could produce if no limitation were imposed, the commission Department of Wildlife, Marine and Natural Resources shall, subject to the reasonable necessities for the prevention of waste, allocate the allowable production among the several wells or producing properties in the pool so that each person entitled thereto will have a reasonable opportunity to produce or to receive a just and equitable share of the production.

(C) In allocating oil allowables to pools, the commission Department of Wildlife, Marine and Natural Resources may consider, but shall not be bound by, nominations of purchasers to purchase from particular pools or groups of pools. The commission Department of Wildlife, Marine and Natural Resources shall allocate the oil allowable from the State in such manner as will prevent undue discrimination among pools that would result from selective buying or nomination by purchasers.

Section 48-43-330. (A) The commission Department of Wildlife, Marine and Natural Resources may, upon application or on its own motion and after a hearing, establish spacing units for each pool.

(B) An order establishing spacing units shall specify the size and shape of the units, which shall be such as will, in the opinion of the commission Department of Wildlife, Marine and Natural Resources, result in the efficient and economical development of the pool as a whole. The size of the spacing units shall not be smaller than the maximum area that can be efficiently and economically drained by one well; provided, that if, at the time of a hearing to establish spacing units, there is not sufficient evidence from which to determine the area that can be efficiently and economically drained by one well, the commission Department of Wildlife, Marine and Natural Resources may make an order establishing temporary spacing units for the orderly development of the pool pending the obtaining of the information required to determine what the ultimate spacing should be.

(C) Except where circumstances reasonably require, spacing units shall be of approximately uniform size and shape for the entire pool. The commission Department of Wildlife, Marine and Natural Resources may establish spacing units of different sizes or shapes for different parts of a pool or may grant exceptions to the size or shape of any spacing unit or units or may change the size or shape of one or more existing spacing units. Where spacing units of different sizes or shapes exist in a pool, the commission Department of Wildlife, Marine and Natural Resources shall, if necessary, make such adjustment of the allowable production from the well or wells drilled thereon so that each person entitled thereto in each spacing unit will have a reasonable opportunity to produce or receive his just and equitable share of the production.

(D) An order establishing spacing units shall specify the location for the drilling of a well thereon, in accordance with a reasonably uniform spacing pattern, with necessary exceptions for wells drilled or drilling at the time of notice of the hearing to consider spacing. If the commission Department of Wildlife, Marine and Natural Resources finds that a well drilled at the prescribed location would not be likely to produce in paying quantities, or that surface conditions would substantially add to the burden or hazard of drilling such well, or for other good cause shown, the commission Department of Wildlife, Marine and Natural Resources is authorized to make an order permitting the well to be drilled at a location other than that prescribed by such spacing order. In so doing, the commission Department of Wildlife, Marine and Natural Resources shall, if necessary, make such an adjustment of the allowable production from the well drilled thereon so that each person entitled thereto in such spacing unit shall not produce or receive more than his just and equitable share of the production.

(E) An order establishing spacing units for a pool shall cover all lands determined or believed to be underlain by such pool, and may be modified by the commission Department of Wildlife, Marine and Natural Resources from time to time to include additional lands determined to be underlain by such pool or to exclude lands determined not to be underlain by such pool.

(F) An order establishing spacing units may be modified by the commission Department of Wildlife, Marine and Natural Resources to change the size and shape of one or more spacing units, or to permit the drilling of additional wells on a reasonably uniform pattern.

(G) After the date of the notice for a hearing called to establish spacing units, no additional well shall be commenced for production from the pool until the order establishing spacing units has been made, unless the commencement of the well is authorized by order of the commission Department of Wildlife, Marine and Natural Resources.

Section 48-43-340. (A) When two or more separately owned tracts are embraced within a spacing unit, or when there are separately owned interests in all or a part of a spacing unit, the interested persons may integrate their tracts or interests for the development and operation of the spacing unit. In the absence of voluntary integration, the commission Department of Wildlife, Marine and Natural Resources upon the application of any interested person, shall make an order integrating all tracts or interests in the spacing unit for the development and operation thereof and for the sharing of production therefrom. The commission Department of Wildlife, Marine and Natural Resources, as a part of the order establishing a spacing unit or units, may prescribe the terms and conditions upon which the interest of the royalty owners in the unit or units shall, in the absence of voluntary agreement, be deemed to be integrated without the necessity of a subsequent separate order integrating the interest of the royalty owners. Each such integration order shall be upon terms and conditions that are just and reasonable.

(B) All operations, including, but not limited to, the commencement, drilling, or operation of a well upon any portion of a spacing unit for which an integration order has been entered, shall be deemed for all purposes the conduct of such operations upon each separately owned tract or interest in the spacing unit by the several owners thereof. That portion of the production allocated to a separately owned tract or interest included in a spacing unit shall, when produced, be deemed, for all purposes, to have been actually produced from such tract or interest by a well drilled thereon.

(C) Each such integration order shall authorize the drilling, equipping, and operation, or operation, of a well on the spacing unit; shall provide who may drill and operate the well; shall prescribe the time and manner in which all the owners in the spacing unit may elect to participate therein; and shall make provision for the payment by all those who elect to participate therein of the reasonable actual cost thereof, plus a reasonable charge for supervision and interest. If requested, each such integration order shall provide for one or more just and equitable alternatives whereby an owner who does not elect to participate in the risk and cost of the drilling and operation, or operation, of a well may elect to surrender his leasehold interest to the participating owners on some reasonable basis and for a reasonable consideration which, if not agreed upon, shall be determined by the commission Department of Wildlife, Marine and Natural Resources, or may elect to participate in the drilling and operation, or operation, of the well, on a limited or carried basis upon terms and conditions determined by the commission Department of Wildlife, Marine and Natural Resources to be just and reasonable. If one or more of the owners shall drill, equip, and operate, or operate, or pay the costs of drilling, equipping, and operating, or operating, a well for the benefit of another person as provided for in an order of integration, then such owner or owners shall be entitled to the share of production from the spacing unit accruing to the interest of such other person, exclusive of a royalty not to exceed one-eighth of the production except in the event that the state is the royalty owner in which case the royalty shall not exceed one-sixth of production until the market value of such other person's share of the production, exclusive of such royalty, equals the sums payable by or charged to the interest of such other person. If there is a dispute as to the costs of drilling, equipping, or operating a well, the commission Department of Wildlife, Marine and Natural Resources shall determine such costs. In instances where a well is completed prior to the integration of interests in a spacing unit, the sharing of production shall be from the effective date of the integration, except that, in calculating costs, credit shall be given for the value of the owner's share of any prior production from the well.

Section 48-43-350. (A) The commission Water Resources Division upon its own motion may, and upon the application of any interested person shall, hold a hearing to consider the need for the operation as a unit of one or more pools or parts thereof in a field.

(B) The commission Department of Wildlife, Marine and Natural Resources shall make an order providing for the unit operation of a pool or part thereof if it finds that:

(1) such operation is reasonably necessary to increase the ultimate recovery of oil or gas; and

(2) the value of the estimated additional recovery of oil or gas exceeds the estimated additional cost incident to conducting such operations.

(C) The order shall be upon terms and conditions that are just and reasonable and shall prescribe a plan for unit operations that shall include:

(1) a description of the pool or pools or parts thereof to be so operated, termed the unit area;

(2) a statement of the nature of the operations contemplated;

(3) an allocation to the separately owned tracts in the unit area of all the oil and gas that is produced from the unit area and is saved, being the production that is not used in the conduct of operations on the unit area or not unavoidably lost. The allocation shall be in accord with the agreement, if any, of the interested parties. If there is not such agreement, the commission Department of Wildlife, Marine and Natural Resources shall determine the relative value, from evidence introduced at the hearing, of the separately owned tracts in the unit area, exclusive of physical equipment, for development of oil and gas by unit operations, and the production allocated to each tract shall be the proportion that the relative value of each tract so determined bears to the relative value of all tracts in the unit area;

(4) a provision for the credits and charges to be made in the adjustment among the owners in the unit area for their respective investments in wells, tanks, pumps, machinery, materials, and equipment contributed to the unit operations;

(5) a provision providing how the costs of unit operations, including capital investments, shall be determined and charged to the separately owned tracts and how such costs shall be paid, including a provision providing when, how, and by whom the unit production allocated to an owner who does not pay the share of the cost of unit operations charged to such owner, or the interests of such owner, may be sold and the proceeds applied to the payment of such costs;

(6) a provision, if necessary, for carrying or otherwise financing any person who elects to be carried or otherwise financed, allowing a reasonable interest charged for such service payable out of such person's share of the production;

(7) a provision for the supervision and conduct of the unit operations, in respect to which each person shall have a vote with a value corresponding to the percentage of the costs of unit operations chargeable against the interest of such person;

(8) the time when the unit operations shall commence, and the manner in which, and the circumstances under which, the unit operations shall terminate; and

(9) such additional provisions that are found to be appropriate for carrying on the unit operations, and for the protection of a correlative rights.

(D) No order of the commission Department of Wildlife, Marine and Natural Resources providing for unit operations shall become effective unless and until the plan for unit operations prescribed by the commission Department of Wildlife, Marine and Natural Resources has been approved in writing by those persons who, under the commission's Department of Wildlife, Marine and Natural Resources's order, will be required to pay at least seventy-five percent of the costs of the unit operation, and also by the owners of at least seventy-five percent of the production or proceeds thereof that will be credited to interests which are free of cost, such as royalties, overriding royalties and production payments, and the commission division has made a finding, either in the order providing for unit operations or in a supplemental order, that the plan for unit operations has been so approved. For purposes of calculating the requisite percentages necessary to effectuate an order of the commission Department of Wildlife, Marine and Natural Resources when unleased acreage is effected by such order, the owner of the acreage shall be considered to be an owner and royalty owner in respective proportions of seven-eighths as owner and one-eighth as royalty owner except in a case when the acreage is owned by the State in which case the proportion shall be five-sixths as owner and one-sixth as royalty owner. If the plan for unit operations has not been so approved at the time the order providing for unit operations is made, the commission Department of Wildlife, Marine and Natural Resources shall upon application and notice hold such supplemental hearings as may be required to determine if and when the plan for unit operations has been so approved. If the persons owning required percentage of interest in the unit area do not approve the plan for unit operations within a period of six months from the date on which the order providing for unit operations is made, such order shall be ineffective, and shall be revoked by the commission Department of Wildlife, Marine and Natural Resources unless for good cause shown the commission Department of Wildlife, Marine and Natural Resources extends such time.

(E) An order providing for unit operations may be amended by an order made by the commission Department of Wildlife, Marine and Natural Resources in the same manner and subject to the same conditions as an original order providing for unit operations, provided (a) if such an amendment affects only the rights and interests of the owners, the approval of the amendment by the royalty owners shall not be required, and (b) no such order of amendment shall change the percentage for the allocation of oil and gas as established for any separately owned tract by the original order, except with the consent of all persons owning oil and gas rights in such tract, or change the percentage for the allocation of cost as established for any separately owned tract by the original order, except with the consent of all owners in such tract.

(F) The commission Department of Wildlife, Marine and Natural Resources, by an order, may provide for the unit operation of a pool or pools or parts thereof that embrace a unit area established by a previous order of the commission Department of Wildlife, Marine and Natural Resources. Such order, in providing for the allocation of unit production, shall first treat the unit area previously established as a single tract, and the portion of the unit production so allocated thereto shall then be allocated among the separately owned tracts included in such previously established unit area in the same proportions as those specified in the previous order.

(G) An order may provide for unit operations on less than the whole of a pool where the unit area is of such size and shape as may be reasonably required for that purpose, and the conduct thereof will have no adverse effect upon other portions of the pool.

(H) All operations, including, but not limited to, the commencement, drilling or operation of a well upon any portion of the unit area shall be deemed for all purposes the conduct of such operations upon each separately owned tract in the unit area by the several owners thereof. The portion of the unit production allocated to a separately owned tract in a unit area shall, when produced, be deemed, for all purposes, to have been actually produced from such tract by a well drilled thereon. Operations conducted pursuant to an order of the commission Department of Wildlife, Marine and Natural Resources providing for unit operations shall constitute a fulfillment of all the express or implied obligations of each lease or contract covering lands in the unit area to the extent that compliance with such obligations cannot be had because of the order of the commission Department of Wildlife, Marine and Natural Resources.

(I) The portion of the unit production allocated to any tract, and the proceeds from the sale thereof, shall be the property and income of the several persons to whom, or to whose credit, the same are allocated or payable under the order providing for unit operations.

(J) No division order or other contract relating to the sale or purchase of production from a separately owned tract shall be terminated by the order providing for unit operations, but shall remain in force and apply to oil and gas allocated to such tract until terminated in accordance with the provisions thereof.

(K) Except to the extent that the parties affected so agree, no order providing for unit operations shall be construed to result in a transfer of all or any part of the title of any person to the oil and gas rights in any tract in the unit area. All property, whether real or personal, that may be acquired in the conduct of unit operations hereunder shall be acquired for the account of the owners within the unit area, and shall be the property of such owners in the proportion that the expenses of unit operations are charged.

Section 48-43-360. An agreement for the unit or cooperative development or operation of a field, pool or part thereof may be submitted to the commission Department of Wildlife, Marine and Natural Resources for approval as being in the public interest or reasonably necessary to prevent waste or protect correlative rights. Such approval shall constitute a complete defense to any suit charging violation of any statute of the State relating to trusts and monopolies on account thereof or on account of operations conducted pursuant thereto. The failure to submit such an agreement to the commission Department of Wildlife, Marine and Natural Resources for approval shall not for that reason imply or constitute evidence that the agreement or operations conducted pursuant thereto are in violation of laws relating to trusts and monopolies.

Section 48-43-370. (A) The commission Department of Wildlife, Marine and Natural Resources shall require that all persons who desire to drill oil or gas wells obtain a permit for each well proposed to be drilled prior to the commencement of any drilling operations. The drilling of any well is hereby prohibited until a permit is granted by the commission Department of Wildlife, Marine and Natural Resources.

(B) No permit to drill a gas or oil well shall be granted within the corporate limits of any municipality, unless the governing authority of the municipality shall have first duly approved the issuance of such permit by resolution.

(C) No permit to drill a gas or oil well on any beach shall be granted by the commission Department of Wildlife, Marine and Natural Resources.

Section 48-43-380. Whenever by reason of the termination of the full period within which an optional gas and oil lease which is of record may be kept alive by the payments of rentals, or at the termination of any of the options in such lease by reason of failure on the part of the lessee to comply with the condition therein for the prevention of forfeiture, such lease shall lapse, the lessee shall, on request in writing by the lessor, with an instrument, duly acknowledged, direct the cancellation of such lease on the records or shall supply the lessor with such instrument.

Any lessee failing or refusing to supply the lessor with such an instrument, or failing or refusing to cancel any lease on the records within thirty days after receiving written demand as above, shall be liable to such lessor for a reasonable attorney's fee incurred by the lessor in bringing suit to have such forfeiture and cancellation adjudged, and in addition thereto shall be liable to the lessor for all damages suffered by the lessor by reason of his inability to make any lease on account of the first lease not having been canceled.

This section shall be construed to apply to all leases for oil or gas heretofore entered into.

Section 48-43-390. (A) The South Carolina State Budget and Control Board, hereinafter referred to as the Board, is hereby designated as the State Agency with the authority, responsibility and power to lease all State lands to persons for the purpose of drilling for and producing oil and gas. The South Carolina Water Resources Water Resources Division of the Department of Wildlife, Marine and Natural Resources is hereby designated as the exclusive agent for the Board in selecting lands to be leased, administering the competitive bidding for leases, administering the leases, receiving and compiling comments from other state agencies concerning the desirability of leasing the state lands proposed for leasing and such other activities that pertain to oil and gas leases as may be included herein as responsibilities of the Board.

(B) Upon resolution adopted by a majority of the board, the board may lease any of those lands heretofore enumerated if the board finds that the lease of the lands would not be detrimental to the State and its citizens and if the commission Department of Wildlife, Marine and Natural Resources recommends that a lease of the lands be granted. The Governor as chairman of the board shall execute all oil and gas leases. The leases shall be filed in the county in which the land is situated as all other instruments conveying real estate are filed except leases of offshore lands shall be filed in the offices of the commission Department of Wildlife, Marine and Natural Resources as a public record. The commission Department of Wildlife, Marine and Natural Resources shall have the responsibility of administering all such leases for the board.

(C) Any lease executed pursuant to this section shall be for a term of no more than five years unless substantial drilling operations have been commenced on the property in which case the lease shall be extended from year to year so long as substantial drilling operations continue unless the well drilled upon the leased property becomes a producing well, in which case the lease shall be extended from year to year for as long as production continues or the leased property has a known capacity to produce oil or gas and the production has been discontinued with the prior approval of the commission Department of Wildlife, Marine and Natural Resources under such terms as the commission Department of Wildlife, Marine and Natural Resources has prescribed. The leases granted pursuant to this section shall include no more than two thousand five hundred acres (1,000 hectares) but a person is not prohibited from holding a leasehold interest in more than two thousand five hundred acres (1,000 hectares) under two or more leases. The leases shall be granted under such terms and conditions as the board shall deem to be in the best interest of the citizens of the State. However, no lease shall provide for a lesser royalty than one-sixth of the oil and gas produced from the leased property or one-sixth of the monetary value of such oil and gas at the wellhead.

(D) No property shall be leased except by sealed bid. The property shall be leased to the bidder submitting the bid which provides for the highest bonus payment. The bonus payment shall be in addition to any rental payments established by the commission Department of Wildlife, Marine and Natural Resources in the lease agreement and royalties provided for herein.

Any person desiring that a certain tract or tracts of property be submitted for bidding shall nominate such tract or tracts by so informing the commission Department of Wildlife, Marine and Natural Resources in accordance with the procedure for nominating established by the commission Department of Wildlife, Marine and Natural Resources.

If the commission Department of Wildlife, Marine and Natural Resources determines that the tract nominated as provided herein or upon its own motion determines that a tract should be submitted for bidding, it shall invite all interested persons to submit bids for leasing the designated tract. Invitations for bids shall be published in a newspaper of general circulation within the county or counties where the tract proposed to be leased is located and in a newspaper of statewide circulation, at least twenty-five days before the final date for submitting bids. Invitations for bids shall also be mailed twenty-five days before the final date of submitting bids to the last known address of all persons who have filed a statement in accordance with the procedure established by the commission Department of Wildlife, Marine and Natural Resources indicating a desire to bid upon tracts put up for leasing. The invitation to bids shall contain

(1) a description, location and approximate acreage of the tract to be leased;

(2) the address to which the bids are to be submitted;

(3) the time and place at which the bids will be opened;

(4) the date and time by which the bids must be received;

(5) any special provisions of the lease or special rules and regulations promulgated by the commission Department of Wildlife, Marine and Natural Resources for the tract to be leased and

(6) any other matters that the commission Department of Wildlife, Marine and Natural Resources may deem pertinent.

The bids shall be opened publicly at the time and date prescribed by the commission Department of Wildlife, Marine and Natural Resources in the offices of the commission Department of Wildlife, Marine and Natural Resources by the person designated by the commission Department of Wildlife, Marine and Natural Resources to open bids. The commission Department of Wildlife, Marine and Natural Resources shall furnish to persons who request a copy of the lease agreement for the tract submitted for bidding. The lease of any tract shall be granted to the highest responsible bidder but the commission Department of Wildlife, Marine and Natural Resources and the board may reject all bids when it determines that the public interest will be served thereby. The commission Department of Wildlife, Marine and Natural Resources and the board must accept the most advantageous offer or reject all bids within twenty days from the date the bids were opened.

(E) All monies collected by the commission Department of Wildlife, Marine and Natural Resources and the board as bonuses, rental payments or royalties shall be deposited with the State Treasurer in a special account and expended as the General Assembly may direct.

(F) Prior to the mailing and publication of invitations to bid, the commission Department of Wildlife, Marine and Natural Resources shall advise the appropriate State agencies by notice of the tract proposed to be submitted for bidding. The agencies wishing to comment on the desirability of leasing such tract shall do so within thirty days following receipt of the notice.

The commission Department of Wildlife, Marine and Natural Resources shall consider the comments of the agencies in determining the advisability of leasing the tract. If the commission Department of Wildlife, Marine and Natural Resources determines to lease the tract on which it has received unfavorable comment from the agencies, the commission Department of Wildlife, Marine and Natural Resources and board shall require such special provisions in the lease agreement and promulgate such rules and regulations for each individual tract that is leased as may be necessary to safeguard against particular hazards or detrimental effects that may result from drilling oil or gas wells and the production of oil or gas on the tract.

In considering the special provisions, rules and regulations needed for a specific tract, the commission Department of Wildlife, Marine and Natural Resources and board shall specifically include such provisions, rules and regulations shown by the commenting agency to be necessary (1) for the protection of the environment, (2) to minimize the detriment to aesthetics, (3) for the protection of the property rights of other persons and the public, (4) to avoid obstructing navigable streams, (5) to prevent interference with recreation, (6) to protect the public beaches, and (7) to maintain the quality of underground water.

The construction of drilling platforms in the Atlantic Ocean is permitted except that such drilling platforms shall not be located within one mile (1.6 kilometers) of the mean high water mark of any beach within the territorial jurisdiction of the State of South Carolina.

(G) The commission Department of Wildlife, Marine and Natural Resources is authorized to promulgate such rules and regulations as may be necessary to fulfill its duties set forth in this section and implement the provisions and purposes of this section.

(H)(a) Any person as defined herein who intends to construct a deep water port facility within the territorial jurisdiction of the State of South Carolina for the purpose of loading or unloading oil, gas or other products as defined by this chapter shall apply for and obtain a permit to construct such facility from the commission Department of Wildlife, Marine and Natural Resources prior to the commencement of construction.

(b) The commission Department of Wildlife, Marine and Natural Resources shall promulgate such rules and regulations to govern the construction of deep water port facilities as may be necessary (1) for the protection of the environment (2) to minimize the detriment to aesthetics (3) for the protection of the property rights of other persons and the public (4) for the protection of the rights of the fishing industry (5) for the protection of the recreational activities of the public; (6) to avoid obstructing shipping channels (7) to protect the public beaches and (8) in general, to protect the public interest and rights of the state and its industries. In promulgating such rules and regulations, the commission Department of Wildlife, Marine and Natural Resources shall take into consideration the comments of other state agencies concerning the potential hazards present in constructing deep water port facilities and shall follow the procedure set forth in Section 48-39-390 (F) in soliciting and receiving the comments from such state agencies.

Section 48-43-510. When used in this article unless the context clearly requires otherwise:

(1) "Department" means the Department of Health and Environmental Control.

(2) "Commissioner" means the Commissioner of the Department.

(3) "Barrel" means 42 U. S. gallons at 60° Fahrenheit.

(4) "Other measurements" means measurements set by the Department for products transferred at terminals which are other than fluid or which are not commonly measured by the barrel.

(5) "Discharge" shall include, but not be limited to, any spilling, leaking, seeping, pouring, emitting, emptying, or dumping which occurs within the territorial limits of the State or outside of the territorial limits of the State and affects lands and waters within the territorial limits of the State.

(6) "Pollutants" shall include oil of any kind and in any form, gasoline, pesticides, ammonia, chlorine, and derivatives thereof.

(7) "Pollution" means the presence in the outdoor atmosphere or waters of the States of any one or more substances or pollutants, in quantities which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property or which may unreasonably interfere with the enjoyment of life or property, including outdoor recreation.

(8) "Terminal facility" means any waterfront or offshore facility of any kind, other than vessels not owned or operated by such facility, and directly associated waterfront or offshore appurtenances including pipelines located on land, including submerged lands, or on or under the surface of any kind of water, which facility and related appurtenances are used or capable of being used for the purpose of drilling for, pumping, storing, handling, transferring, processing, or refining pollutants, including, but not limited to, any such facility and related appurtenances owned or operated by a public utility or a governmental or quasi-governmental body. A vessel shall be considered a terminal facility only in the event of a ship-to-ship transfer of pollutants, and only that vessel going to or coming from the place of transfer and the terminal facility. For the purposes of this article "terminal facility" shall not be construed to include waterfront facilities owned and operated by governmental entities acting as agents of public convenience for operators engaged in the drilling for or pumping, storing, handling, transferring, processing, or refining of, pollutants; however, each operator engaged in the drilling for or pumping, storing, handling, transferring, processing, or refining of pollutants through a waterfront facility owned and operated by such governmental entity shall be construed as a terminal facility.

(9) "Owner" means any person owning a terminal facility; "operator" means any person operating a terminal facility, whether by lease, contract, or other form of agreement.

(10) "Transfer" or "transferred" includes onloading or offloading between terminal facility and vessel, vessel and vessel, or terminal facility and terminal facility.

(11) "Vessel" includes every description of watercraft or other contrivance used, or capable of being used, as a means of transportation on water, whether self-propelled or otherwise, and includes barges and tugs.

(12) "Discharge cleanup organization" means any group, incorporated or unincorporated, of owners or operators of waterfront terminal facilities in any port or harbor of the State, and any other person who may elect to join, organized for the purpose of containing and cleaning up discharges of pollutants through cooperative efforts and shared equipment and facilities.

(13) "Board" means the board of arbitration.

(14) "Person" means any individual, partnership, joint venture, corporation; any group of the foregoing, organized or united for a business purpose; or any governmental entity.

(15) "Registrant" is a terminal facility required to possess a valid registration certificate to operate as a terminal facility.

Section 48-43-520. (1) The General Assembly finds and declares that the highest and best use of the seacoast of the State is as a source of public and private recreation.

(2) The General Assembly further finds and declares that the preservation of this use is a matter of the highest urgency and priority, and that such use can only be served effectively by maintaining the coastal waters, estuaries, tidal flats, beaches, and public lands adjoining the seacoast in as close to a pristine condition as possible, taking into account multiple use accommodations necessary to provide the broadest possible promotion of public and private interests.

(3) Furthermore it finds and declares that:

(a) The transfer of pollutants between vessels, between onshore facilities and vessels, between offshore facilities and vessels, and between terminal facilities within the jurisdiction of the State and state waters is a hazardous undertaking;

(b) Spills, discharges, and escapes of pollutants occurring as a result of procedures involved in the transfer, storage, and transportation of such products pose threats of great danger and damage to the environment of the State, to owners and users of shore front property, to public and private recreation, to citizens of the State and other interests deriving livelihood from marine-related activities, and to the beauty of the coast;

(c) Such hazards have frequently occurred in the past, are occurring now, and present future threats of potentially catastrophic proportions, all of which are expressly declared to be inimical to the paramount interests of the State as herein set forth; and

(d) Such state interests outweigh any economic burdens imposed upon those engaged in transferring pollutants and related activities.

(4) The General Assembly intends by the enactment of this article to exercise the police power of the State by conferring upon the Department of Health and Environmental Control power to:

(a) Deal with the hazards and threats of danger and damage posed by such transfers and related activities;

(b) Require the prompt containment and removal of pollution occasioned thereby; and

(5) The General Assembly further finds and declares that the preservation of the public uses referred to herein is of grave public interest and concern to the State in promoting its general welfare, preventing diseases, promoting health, and providing for the public safety and that the state's interest in such preservation outweighs any burdens of liability imposed herein upon those engaged in transferring pollutants and related activities.

(6) The General Assembly further declares that it is the intent of this article to support and complement applicable provisions of the Federal Water Pollution Control Act, as amended, specifically those provisions relating to the national contingency plan for removal of pollutants.

Section 48-43-530. (1) The powers and duties conferred by this article shall be exercised by the Department and shall be deemed to be an essential governmental function in the exercise of the police power of the State. The Department may call upon any other state agency for consultative services and technical advice and the agencies are directed to cooperate with the Department.

(2) Registration certificates required under this article shall be issued by the Department subject to such terms and conditions as are set forth in this article and as set forth in rules and regulations promulgated by the Department as authorized herein.

(3) Whenever it becomes necessary for the State to protect the public interests under this article it shall be the duty of the Department to keep an accurate record of costs and expenses incurred and thereafter diligently to pursue the recovery of any sums so incurred from the person responsible or from the Government of the United States under any applicable federal act.

(4) The Department may bring an action on behalf of the State to enforce the liabilities imposed by this article. The Attorney General shall represent the Department in any such proceeding.

Section 48-43-540. (1) No person shall operate or cause to be operated a terminal facility as defined in Section 48-43-510 (8) without a registration certificate.

(2) Registration certificates shall be issued on a five-year basis and shall expire on December thirty-first of the fifth year, such certificates shall be subject to such terms and conditions as the Department may determine are necessary to carry out the purposes of this article.

(3) As a condition precedent to the issuance or renewal of a registration certificate, the Department shall require satisfactory evidence that the applicant has implemented, or is in the process of implementing, state and federal plans and regulations for prevention, control and abatement of pollution when a discharge occurs.

(4) Registration certificates issued to any terminal facility shall include vessels used to transport pollutants between the facility and vessels within state waters.

(5) The Department shall require, in connection with the issuance of a terminal facility registration certificate, the payment of a reasonable fee for processing applications for registration certificates.

The fee shall be reasonably related to the administrative costs of verifying data submitted pursuant to obtaining the certificates and reasonable inspections; however, the fee shall not exceed two hundred fifty dollars per terminal facility per year.

(6) No later than January 1, 1978 every owner or operator of a terminal facility shall obtain a registration certificate. The Department shall issue a registration certificate upon the showing that the registrant can provide all required equipment to prevent, contain, and remove discharges of pollutants or is a member of a Discharge Cleanup Organization.

(7) On or after a date to be determined by the Department, but in no case later than January 1, 1978 no person shall operate or cause to be operated any terminal facility without a terminal facility registration certificate issued by the Department. Registration certificates shall be valid for five years; provided however, they shall be subject to annual inspection.

Each applicant for a terminal facility registration certificate shall pay the registration certificate application fee and shall submit information, in a form satisfactory to the Department, describing the following:

(a) The barrel or other measurement capacity of the terminal facility.

(b) All prevention, containment, and removal equipment, including, but not limited to, vehicles, vessels, pumps, skimmers, booms, chemicals, and communication devices to which the facility has access, whether through direct ownership or by contract or membership in an approved discharge cleanup organization.

(c) The terms of agreement and operation plan of any discharge cleanup organization to which the owner or operator of the terminal facility belongs.

(8) Upon showing of satisfactory containment and cleanup capability under this section, and upon payment of the registration certificate application fee, the applicant shall be issued a registration certificate covering the terminal facility and related appurtenances, including vessels as defined in Section 48-43-510(11).

Section 48-43-550. The Department shall from time to time adopt, amend, repeal, and enforce reasonable regulations relating to the cleanup and removal of discharges of pollutants into the waters or onto the coasts of this State.

Such regulations shall include, but not be limited to:

(a) Operation and inspection requirements for terminal facilities, vessels, and other matters relating to certification under this article but shall not require vessels to maintain spill prevention gear, holding tanks of any kind, and containment gear in excess of federal requirements.

(b) Procedures and methods of reporting discharges and other occurrences prohibited by this article.

(c) Procedures, methods, means, and equipment to be used by persons subject to regulation by this article on the removal of pollutants.

(d) Development and implementation of criteria and plans to meet pollution occurrences of various degrees and kinds.

(e) Creation by contract or administrative action of a state response team which shall be responsible for creating and maintaining a contingency plan of response, organization, and equipment for handling emergency cleanup operations. The state plans shall include detailed emergency operating procedures for the State as a whole and the team shall from time to time conduct practice alerts. These plans shall be filed with the Governor and all Coast Guard stations in the State and Coast Guard captains of the port having responsibility for enforcement of federal pollution laws within the State, on or before January 1, 1978. The contingency plan shall include all necessary information for the total containment and cleanup of pollution, including but not limited to an inventory of equipment and its location, a table of organization with the names, addresses, and telephone numbers of all persons responsible for implementing every phase of the plan, a list of available sources of supplies necessary for cleanup, and a designation of priority zones to determine the sequence and methods of cleanup. The state response team shall act independently of agencies of the federal government but is directed to cooperate with any federal cleanup operation.

(f) Requirements that, prior to being granted entry into any port in this State, the master of a vessel shall report:

(1) Any discharges of pollutants the vessel has had since leaving the last port;

(2) Any mechanical problem on the vessel which creates the possibility of a discharge;

(3) Any denial of entry into any port during the current cruise of the vessel. Any person who shall make or cause to be made any false statement in response to requirements of any provisions of this article with a fraudulent intent shall be deemed guilty of a felony and upon conviction shall be imprisoned for two years or fined five thousand dollars, or both.

(g) Requirements that any registrant causing or permitting the discharge of a pollutant in violation of the provisions of this article and at other reasonable times, be subject to a complete and thorough inspection. If the Department determines there are unsatisfactory preventive measures or containment and cleanup capabilities, it shall, a reasonable time after notice and hearing, suspend the registration until such time as there is compliance with the Department requirements.

(h) Such other rules and regulations as the exigencies of any condition may requirement or as may reasonably be necessary to carry out the intent of this article.

Section 48-43-560. (1) Any person discharging pollutants in violation of this article shall immediately undertake to contain remove, and abate the discharge to the Department's satisfaction. Notwithstanding the above requirement, the Department may undertake the removal of the discharge and may contract and retain agents who shall operate under the direction of the Department.

(2) If the person causing a discharge, or the person in charge of facilities at which a discharge has taken place, fails to act, the Department may arrange for the removal of the pollutant, except that if the pollutant was discharged into or upon the navigable waters of the United States, the Department shall act in accordance with the national contingency plan for removal of such pollutant as established pursuant to the Federal Water Pollution Control Act, as amended, and the costs of removal incurred by the Department shall be paid in accordance with the applicable provisions of the law. Federal funds provided under this act shall be used to the maximum extent possible prior to the expenditure of state funds.

(3) In the event of discharge the source of which is unknown, any local discharge cleanup organization shall, upon the request of the Department or its designee, immediately contain and remove the discharge. No action taken by any person to contain or remove a discharge, whether such action is taken voluntarily or at the request of the Department or its designee, shall be construed as an admission of liability for the discharge.

(4) No person who, voluntarily or at the request of the Department or its designee, renders assistance in containing or removing pollutants shall be liable for any civil damages to third parties resulting solely from acts or omissions or such person in rendering such assistance, except for acts or omissions amounting to gross negligence or willful misconduct.

(5) Nothing in this article shall affect in any way the right of any person who renders assistance in containing or removing pollutants to reimbursement for the costs of the containment or removal under the applicable provisions of this article or the Federal Water Pollution Control Act, as amended, or any rights which that person may have against any third party whose acts or omissions in any way have caused or contributed to the discharge of the pollutants.

Section 48-43-570. (a) The State Department of Highways and Public Transportation, the Water Resources Commission and the Department of Wildlife, and Marine and Natural Resources Department, and any other agency of this State, shall cooperate with and lend assistance to the Department by assigning, upon request, personnel, equipment and material to be utilized in any project or activity related to the containment, collection, dispersal or removal of oil discharged upon the land or into the waters of this State.

(b) Subsequent to July 1, 1977, and prior to September 1, 1977, designated representatives of the Department, the Department of Highways and Public Transportation, the Water Resources Commission and the Department of Wildlife, and Marine and Natural Resources Department, and any other agency or agencies of the State which the Department shall deem necessary and appropriate, shall confer and establish plans and procedures for the assignment and utilization of personnel, equipment and material to be used in carrying out the purposes of this article.

(c) Every State agency participating in the containment, collection, dispersal or removal of an oil discharge or in restoration necessitated by such discharge, shall keep a record of all expenses incurred in carrying out any such project or activity including the actual services performed by the agency's personnel and the use of the agency's equipment and material. A copy of all records shall be delivered to the Department upon completion of the project or activity.

Section 48-43-580. It shall be unlawful, except as otherwise provided in this article, for any person to discharge or cause to be discharged, pollutants into or upon any waters, tidal flats, beaches or lands within this State or into any sewer, surface water drain or other waters that drain into the waters of this State, regardless of the fault of the person having control over the pollutants or regardless of whether the discharge was the result of intentional or negligent conduct, accident or other cause.

This section shall not apply to discharges of pollutants in the following circumstances:

(1) When the discharge was authorized by an existing regulation of the Department.

(2) When any person subject to liability under this article proves that a discharge was caused by any of the following:

(a) An act of God.

(b) An Act of war or sabotage.

(c) Negligence on the part of the United States government or the State or its political subdivisions.

(d) An act or omission of a third party, whether any such act or omission was or was not negligent; provided, however, nothing herein shall be construed as limiting the liability of such third party.

(e) Any act or omission by or at the direction of a law enforcement officer or fireman.

Any person who desires or proposes to discharge oil into the land or into the waters of the State shall first make application for and secure a permit from the Department. Application shall be made under such terms and conditions adopted by the Department. Any permit granted pursuant to this section may contain such terms and conditions as the Department shall deem necessary and appropriate to conserve and protect the land or waters of this State and the public interest therein.

Section 48-43-590. All persons operating or owning terminal facilities, within the territorial jurisdiction of the State shall furnish, under such conditions as may be prescribed from time to time by the Department, evidence of financial responsibility of fourteen million dollars to meet any and all liabilities to all persons caused by the operations of any such terminal facilities. Evidence of financial responsibility may be established by an insurance or surety bond issued by an insurance or bonding company authorized to do business in the State, qualifications of a self-insurer or other evidence of financial responsibility acceptable to the Department. This provision shall not be construed as limiting the liability of any person operating or owning terminal facilities.

Section 48-43-600. (1) Any person claiming to have suffered damage as a result of an unlawful discharge under Section 48-43-580 may file a claim and demand for arbitration against the person or persons causing the unlawful discharge with the Department. The Department shall notify such person or persons of the claim filed and advise such person or persons of the requirements of this article. Notice to the person or persons above shall be given in such manner as the Department shall determine to be adequate.

If the claimant cannot determine the person or persons causing the discharge, the Department shall investigate such discharge and make its determination as to the person or persons that may have caused the discharge and notify such person or persons of the claim.

(2) The claimant shall file a notarized statement of damages, along with such claimant's claim and demand for arbitration on forms prescribed by the Department. Any damage not contained in the notarized statement shall be waived.

(3) A board of arbitration to determine liability and damages for claims filed under this Section shall be composed of three persons to be chosen as follows:

(a) One shall be chosen by the claimants;

(b) One shall be chosen by the person or persons against whom the claim is filed or such person or persons as the Department has determined may have caused the discharge;

(c) One shall be chosen by the arbitrators chosen above who shall be a neutral arbitrator.

The neutral arbitrator shall serve as a chairman. If any of the principals fail to select an arbitrator within thirty days after notice is given of the pending claim or if the two arbitrators chosen by the principals fail to choose a neutral arbitrator within forty-five days after notice is given of the pending claim, the Department shall select the arbitrator or arbitrators not chosen. The Department shall supervise the appointment of the arbitrators and provide hearing rooms, personnel, equipment and other items necessary for the arbitration proceedings and shall convene the board of arbitration.

(4) The board of arbitration shall hold a hearing on the claim within forty-five days after the person or persons causing or who may have caused the discharge have been notified of such claim. The hearings of the board of arbitration shall be informal without strict compliance with rules of evidence applicable to court proceedings. The board of arbitration shall have the power to administer oaths and subpoena witnesses and records. If a person fails to appear after being properly served with a subpoena, the Department shall apply to the Court of Common Pleas for Richland County for a contempt order or other appropriate order. A record of such hearings shall be made and if the decision of the board of arbitration is appealed as hereinafter provided, the record shall be transcribed and a copy made available to all parties.

(5) Any party to an arbitration may appeal the decision of the board of arbitration by giving notice of such appeal to the other party or parties within twenty days from the date of the decision of the board of arbitration. All appeals shall be to the Court of Common Pleas for any county in which the unlawful discharge occurred. The Court shall consider the appeal on the record made of the hearing before the board of arbitration. Any party may appeal the decision of the Court of Common Pleas to the Supreme Court of South Carolina in the same manner as provided for in other actions.

(6) Notwithstanding any provisions provided herein for arbitration, any person claiming damages because of unlawful discharges as provided in Section 48-43-580 herein may institute an action in any court of competent jurisdiction against the person or persons causing such unlawful discharges for all damages resulting to such person because of the unlawful discharge, provided, however, that if such person files a claim and application for arbitration with the Department, such person shall be precluded from instituting an action in the courts and if such person institutes an action, such person shall be precluded from filing a claim and application for arbitration as provided herein.

Section 48-43-610. (1) It is unlawful for any person to violate any provision of this article or any rule, regulation, or order of the Department made pursuant to this article. Except as otherwise provided, a violation shall be punishable by a civil penalty of up to ten thousand dollars per violation per day to be assessed by the Department. Each day during any portion of which the violation occurs constitutes a separate offense.

(2) Penalties assessed herein for a discharge shall be the only penalties assessed by the State, and the assessed person or persons, shall be excused from paying any other penalty for water pollution for the same occurrence.

(3) The penalty provisions of this section shall not apply to any discharge promptly reported and removed by a registrant or vessel in accordance with the rules, regulations and orders of the Department.

Section 48-43-620. The Department shall submit to each regular session of the legislature a proposed budget for carrying out its responsibilities under this article and shall also account for all funds appropriated by the legislature for carrying out its responsibilities under this article for the previous year.

Section 48-43-810. It shall be unlawful for any person to:

(a) willfully violate any provision of this chapter, or any rule, regulation or order of the commission Department of Wildlife, Marine and Natural Resources;

(b) commence operations for the drilling of a well for oil or gas without first obtaining a permit from the commission Department of Wildlife, Marine and Natural Resources, under such rules and regulations as may be prescribed by the commission Department of Wildlife, Marine and Natural Resources;

(c) do any of the following for the purpose of evading or violating this chapter, or any rule, regulation or order of the commission Department of Wildlife, Marine and Natural Resources; make any false entry or statement in a report required by this chapter or by any rule, regulation of the Department of Wildlife, Marine and Natural Resources or order of the commission Department of Wildlife, Marine and Natural Resources; make or cause to be made any false entry in any record, account or memorandum, required by this chapter, or by any such rule, regulation or order; omit, or cause to be omitted, from any such record, account or memorandum full, true and correct entries as required by this chapter, or by any such rule, regulation or order; or remove from this State or destroy, mutilate, alter or falsify any such record, account or memorandum;

(d) refuse to attach or install a meter as prescribed by the commission Department of Wildlife, Marine and Natural Resources pursuant to Section 48-43-30B(1)(m) herein when ordered to do so by the commission Department of Wildlife, Marine and Natural Resources or in any way to tamper with such meter so as to produce a false or inaccurate reading, or to have any bypass at such a place where the oil or gas can be passed around;

(e) permit through negligence or willfulness any gas or oil well to go wild or to get out of control.

Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not more than one thousand dollars or be imprisoned for not more than six months, or both.

Section 48-43-820. (A) Any person who violates any provision of this chapter, or any rule, regulation or order of the commission Department of Wildlife, Marine and Natural Resources, shall also be subject to a civil penalty of not more than five thousand dollars for each act of violation and for each day that such violation continues.

(B) Any person who negligently or willfully permits an oil or gas well to go wild or to get out of control, to cause pollution or waste, or to create other conditions that are detrimental to the property rights of others or the public shall be liable to the commission Department of Wildlife, Marine and Natural Resources for the expense incurred in correcting the detrimental conditions and the civil penalties imposed by Section 48-43-820A and the commission Department of Wildlife, Marine and Natural Resources is hereby authorized to take whatever action it deems necessary, including operation of the well, to correct the detrimental conditions and charge the owner or producer, or both, of the well for the expenses incurred.

(C) The penalties and liabilities provided in this section shall be recoverable by civil suit filed by the Attorney General in the name and on behalf of the commission Department of Wildlife, Marine and Natural Resources in the court of common pleas of the county in which the defendant resides or in which any defendant resides, if there be more than one defendant, or in the court of common pleas of any county in which the violation occurred. The payment of any such penalty shall not operate to legalize any illegal oil, illegal gas or illegal product involved in the violation for which the penalty is imposed or relieve a person on whom the penalty is imposed from liability to any other person for damages arising out of such violation.

(D) In addition to any civil and criminal penalties imposed by this chapter, any person who violates any provisions of this chapter, or rules, regulations of the Department Wildlife, Marine and Natural Resources and orders of the commission Department of Wildlife, Marine and Natural Resources, shall be liable to all third parties who may incur damage or injury because of such violations.

Section 48-43-830. Any person knowingly aiding or abetting any other person in the violation of any provision of this chapter, or any rule, regulation of the Department of Wildlife, Marine and Natural Resources or order of the commission Department of Wildlife, Marine and Natural Resources, shall be subject to the same punishment and penalty prescribed by this chapter for the violation by such other person.

Section 48-43-840. (A) The sale, purchase, acquisition, transportation, refining, processing or handling of illegal oil, illegal gas or illegal product is hereby prohibited. However, no penalty by way of fine shall be imposed upon a person who sells, purchases, acquires, transports, refines, processes or handles illegal oil, illegal gas or illegal product unless (1) such person knows, or is put on notice of, facts indicating that illegal oil, illegal gas or illegal product is involved, or (2) such person fails to obtain a certificate of clearance with respect to such oil, gas or product if prescribed by an order of the commission Department of Wildlife, Marine and Natural Resources, or fails to follow any other method prescribed by an order of the commission Department of Wildlife, Marine and Natural Resources for the identification of such oil, gas or product.

(B) Illegal oil, illegal gas, and illegal product are declared to be contraband and are subject to seizure and sale as herein provided. Seizure and sale shall be in addition to any and all other remedies and penalties provided in this chapter for violations relating to illegal oil, illegal gas, or illegal product. Whenever the commission Department of Wildlife, Marine and Natural Resources believes that any oil, gas, or product is illegal, the commission Department of Wildlife, Marine and Natural Resources, acting by the Attorney General, shall bring a civil action in rem in the court of common pleas of the county where such oil, gas, or product is found, to seize and sell the same, or the commission Department of Wildlife, Marine and Natural Resources may include such an action in rem in any suit brought for an injunction or penalty involving illegal oil, illegal gas, or illegal product. Any person claiming an interest in oil, gas, or product affected by such action in rem shall have the right to intervene as an interested party in such action.

(C) Actions for seizure and sale of illegal oil, illegal gas or illegal product shall be strictly in rem, and shall proceed in the name of the state as plaintiff against the oil, gas or product as defendant. No bond or similar undertaking shall be required of the plaintiff. The action for seizure and sale shall be commenced in the court of common pleas for the county in which the oil, gas or product is situated by a summons and complaint which shall be verified or supported by affidavits. When the verified complaint or complaint and supporting affidavits set forth sufficient facts to support the seizure and sale of the illegal oil, illegal gas or illegal products, the clerk of court of the county in which such oil, gas or product is situated or the judge of the judicial circuit which has jurisdiction to hear matters arising in the county shall issue a warrant directed to the sheriff of the county for service upon any and all persons having or claiming any interest in the oil, gas or product described in the complaint. The warrant shall direct the sheriff to take such oil, gas or product into his custody until such time as the court has heard the action on its merits and the matter has been fully adjudicated. The original summons and complaint and warrant shall be filed with the clerk of court for the county by the plaintiff with the sheriff's affidavit of service attached when service has been accomplished in the manner set forth herein by the sheriff. All persons having or claiming any interest in the oil, gas or product described in the complaint must appear and answer the complaint within 20 days after the service of such summons and complaint. Service of the summons and complaint and warrant by posting copies on the door of the courthouse for the county in which the oil, gas or product described in the complaint is situated, by posting copies in the immediate vicinity of the place where such oil, gas or product is located and by publishing the summons and complaint and warrant in any newspaper of general circulation in the county in which such oil, gas or product is located in four consecutive issues of the newspaper shall constitute valid and sufficient service on all persons having or claiming any interest in the such oil, gas or product.

Any person who fails to appear and answer the complaint within twenty days after service of the summons and complaint and warrant shall be forever barred by any judgment obtained by the plaintiff. The service of the summons and complaint and warrant as provided herein shall place the State in constructive or actual possession, as the case may be, of the oil, gas or product.

(D) Any person having an interest in any oil, gas or product which has been seized in accordance with the provisions of Section C may, prior to the sale thereof, obtain the release thereof, upon furnishing bond to the sheriff, approved by the clerk of court, in an amount equal to one hundred and fifty percent of the market value of the oil, gas or product to be released pending a final adjudication of the action on its merits.

(E) If the court, after a hearing upon the complaint for the seizure and sale of oil, gas, or product, finds that such oil, gas, or product is contraband, the court shall order the sale thereof by the sheriff in the same manner and upon the same notice of sale as provided by law for the sale of personal property on execution of judgment entered in a civil action, except that the court may order that the oil, gas, or product be sold in specified lots or portions and at specified intervals. Upon such sale, title to the oil, gas, or product sold shall vest in the purchaser free of the claims of any and all persons having any title thereto or interest therein at or prior to the seizure thereof, and the same shall be legal oil, legal gas, or legal products, as the case may be, in the hands of the purchaser.

(F) All proceeds derived from the sale of illegal oil, illegal gas, or illegal product, as above provided, after payment of costs of suit and expenses incident to the sale and all amounts paid as penalties provided for by this chapter, shall be paid into the State Treasury for the use of the commission Department of Wildlife, Marine and Natural Resources in defraying its expenses in the same manner as other funds provided by law for the use of the commission Department of Wildlife, Marine and Natural Resources.

Section 48-43-850. Whenever it appears that any person is violating or threatening to violate any provision of this chapter, or any rule, regulation of the Department of Wildlife, Marine and Natural Resources or order of the commission Department of Wildlife, Marine and Natural Resources, the Attorney General may, at the request of the commission Department of Wildlife, Marine and Natural Resources, bring suit in the name of the commission Department of Wildlife, Marine and Natural Resources against such persons in the court of common pleas of the county where the violation occurs or is threatened, or in the county in which the defendant resides or in which any defendant resides if there is more than one defendant, to restrain such person from continuing such violation or from carrying out the threat of violation. In any such suit, the court shall have jurisdiction to grant without bond or other undertaking, such prohibitory or mandatory injunctions as the facts may warrant, including temporary restraining orders and preliminary injunctions."

SECTION 445. Section 48-55-10 of the 1976 Code is amended to read:

"Section 48-55-10.
(A) The South Carolina Environmental Awareness Award must be presented annually by a committee of two members appointed from each of the following:

(1) South Carolina Department of Health and Environmental Control by its commissioner;

(2) State Commission of Forestry by its chairman Forestry Division of the Department of Wildlife, Marine and Natural Resources by the State Forester;

(3) South Carolina Sea Grant Consortium by its executive director;

(4) South Carolina Water Resources Commission by its chairman Water Resources Division of the Department of Wildlife, Marine and Natural Resources by its division director;

(5) South Carolina Wildlife and Marine Resources Commission by its chairman Wildlife and Freshwater Fish Division of the Department of Wildlife, Marine and Natural Resources by it division director;

(6) State Land Resources Conservation Commission by its chairman; and

(7) South Carolina Coastal Council Coastal Division of the Department of Wildlife, Marine and Natural Resources by its division director;

(8) Marine Resources Division of the Department of Wildlife, Marine and Natural Resources by its division director.
(B) The committee shall elect from its members a chairman and a secretary. The department or each commission shall provide for the expenses of its members, except collective expenses must be shared by the department and the commissions. Members are not eligible for mileage or per diem."

SECTION 446. Chapter 3 of Title 49 of the 1976 Code is amended to read:

"Section 49-3-10. This chapter may be cited as the South Carolina Water Resources Planning and Coordination Act."

SECTION 447. Section 49-3-20 of the 1976 Code is amended to read:

"Section 49-3-20. (a) There is hereby created the South Carolina Water Resources Commission Advisory Committee, hereinafter referred to as the Commission committee, which shall be composed of eighteen members as follows: Ten shall be appointed by the Governor and eight shall serve as ex officio members. The ten members appointed by the Governor shall be composed of three members representing the interest of agriculture, three members representing the interest of industry, three members representing the interest of municipalities, and one member representing saltwater interests. The terms of the members appointed by the Governor shall be for three years, except that for those first appointed, representing the interest of agriculture, industry and municipalities, one of these from each category shall be appointed for one year, one from each category shall be appointed for two years, and one from each category shall be appointeed for three years. The member representing saltwater interests shall be appointed for three years. The length of the terms of the three members from the categories of agriculture, industry and municipalities shall be determined by lot at the first meeting of the Commission committee after appointment. The heads of the following eight departments of the State government shall constitute the eight ex officio members of the Commission committee. Provided, however, that the head of each department concerned may at his discretion designate another member of his department to serve on the Commission committee in his stead. The length of the terms of the members serving ex officio shall be coterminous with the terms for which the head of each department concerned is elected or appointed.