Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Our Father God Who rules the universe in splendor, yet hears every prayer of Your children, come to us, we pray, in all Your wisdom and compassion. Reinforce our minds, nourish our souls, refine our thoughts, words and deeds. Keep us from impatience, from irritability, and from words too quick. Spare us from eyes focused on the faults of others, and from tongues tuned to criticism rather than commendation. Keep us from being overly sensitive, and slow to forget. Make us prompt to forgive. Deliver us from that selfishness which tolerates only its own way. Amen.
And when evening comes may we rest in the peace of those whose minds are stayed on You. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4522 -- Reps. Allison, Wells, Littlejohn, Walker and Lee: A BILL TO AMEND SECTION 20-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PETITIONS FOR ORDERS OF PROTECTION FROM DOMESTIC ABUSE, SO AS TO PROVIDE THAT NO FEE MAY BE CHARGED FOR FILING A PETITION; AND TO AMEND SECTION 20-4-60, RELATING TO ORDERS FOR PROTECTION, SO AS TO PROHIBIT GRANTING A MUTUAL ORDER OF PROTECTION EXCEPT UNDER CERTAIN CONDITIONS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4670 -- Reps. Allison, Neal, G. Brown, Inabinett, Sandifer, McKay, J. Hines, Meacham, Cain, Wells, L. Whipper, Vaughn, Simrill, Lee, Waldrop, Herdklotz, Davenport, Byrd, Rice, Littlejohn, Rhoad, Lloyd, J. Brown, Haskins, Wilkes and Spearman: A BILL TO AMEND SECTION 20-7-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL NEGLECT OF CHILDREN AND HELPLESS PERSONS, SO AS TO EXPAND THE CATEGORIES OF PERSONS CARING FOR CHILDREN AND HELPLESS PERSONS WHO ARE SUBJECT TO THIS SECTION.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 4545 -- Reps. Klauber, Simrill, Askins, Chamblee, Mason, R. Smith, Limehouse, Young-Brickell, Koon, Wright, Herdklotz, Sharpe, Knotts, Tripp, Elliott, Fulmer, D. Smith, Gamble, Quinn, Kennedy, Vaughn, Rice, Cato, Bailey, Wofford, Davenport, Whatley, Haskins, Worley, J. Young, Littlejohn, Law, Allison, Riser, Witherspoon, Lanford and Carnell: A BILL TO AMEND SECTION 58-27-865, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTRIC UTILITIES AND ELECTRIC COOPERATIVES, RATES AND CHARGES, ESTIMATES OF FUEL COSTS, REPORTS, AND ADJUSTMENT OF DIFFERENCE BETWEEN ACTUAL AND ESTIMATED COSTS, SO AS TO DEFINE "COST" FOR THE PURPOSES OF THIS SECTION, DELETE CERTAIN LANGUAGE, PROVIDE THAT IT MUST BE CONCLUSIVELY PRESUMED THAT AN ELECTRICAL UTILITY MADE EVERY REASONABLE EFFORT TO MINIMIZE COST ASSOCIATED WITH THE OPERATION OF ITS NUCLEAR GENERATION FACILITY OR SYSTEM, AS APPLICABLE, IF THE UTILITY ACHIEVED A NET CAPACITY FACTOR OF NINETY PERCENT OR HIGHER DURING THE PERIOD UNDER REVIEW.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 4861 -- Rep. Boan: A BILL TO AMEND CHAPTER 57, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF REAL ESTATE BROKERS, COUNSELORS, SALESMEN, APPRAISERS, AUCTIONEERS, AND PROPERTY MANAGERS, SO AS TO REVISE THE CHAPTER TO CONFORM TO A UNIFORM FRAMEWORK FOR THE ORGANIZATION AND OPERATION OF PROFESSIONAL AND OCCUPATIONAL BOARDS.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, Rep. YOUNG-BRICKELL, for the minority, submitted an unfavorable report, on:
H. 4902 -- Reps. Limehouse, Wilder, McMahand, Stoddard, Vaughn, Trotter, Rhoad, Breeland, Tripp, Easterday, Harrell and Herdklotz: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE BY ADDING CHAPTER 42 SO AS TO ESTABLISH THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK ACT AND TO PROVIDE FOR ITS POWERS AND DUTIES; TO AUTHORIZE THE BANK TO PROVIDE LOANS AND OTHER FINANCIAL ASSISTANCE TO GOVERNMENT UNITS AND PRIVATE ENTITIES TO FINANCE PUBLIC HIGHWAY AND TRANSIT PROJECTS; TO AUTHORIZE THE DEPARTMENT OF TRANSPORTATION TO FUND THE BANK WITH UP TO FIVE PERCENT OF FUNDS APPROPRIATED FOR THE CONSTRUCTION AND MAINTENANCE OF STATE HIGHWAYS TO ALLOW FEDERAL GRANTS, LOAN REPAYMENTS, AND OTHER AVAILABLE AMOUNTS TO BE CREDITED TO THE BANK; AND TO AUTHORIZE LENDING TO AND BORROWING BY GOVERNMENT UNITS AND PRIVATE ENTITIES THROUGH THE BANK.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 4686 -- Rep. Hodges: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING AND FINANCIAL INSTITUTIONS BY ADDING CHAPTER 26 SO AS TO ENACT THE "SOUTH CAROLINA CREDIT UNION ACT OF 1996", WHICH PROVIDES FOR THE ORGANIZATION, OPERATION, AND SUPERVISION OF COOPERATIVE NONPROFIT THRIFT AND CREDIT ASSOCIATIONS KNOWN AS CREDIT UNIONS, AND TO PROVIDE FOR THEIR DUTIES, POWERS, AND FUNCTIONS; AND TO REPEAL CHAPTER 27 OF TITLE 34 RELATING TO COOPERATIVE CREDIT UNIONS.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 4795 -- Rep. Gamble: A BILL TO AMEND SECTION 37-10-102, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATTORNEY'S FEES AND OTHER CHARGES ON MORTGAGE LOANS FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES, SO AS TO PROVIDE THAT THE ATTORNEY'S PREFERENCE AND THE INSURANCE AGENT'S PREFERENCE OF THE BORROWER REQUIRED TO BE ASCERTAINED BY THE CREDITOR IN CONNECTION WITH THESE LOANS ARE INDEPENDENT OF EACH OTHER AND TO FURTHER PROVIDE FOR THE MANNER IN WHICH THE CREDITOR SHALL COMPLY WITH THIS REQUIREMENT; TO AMEND SECTION 37-10-105, RELATING TO PENALTIES FOR CERTAIN VIOLATIONS OF THE CONSUMER PROTECTION CODE, SO AS TO PROVIDE THAT VIOLATIONS OF SECTION 37-10-102 ABOVE RELATING TO THE ASCERTAINING OF THE ATTORNEY'S PREFERENCE AND THE INSURANCE AGENT'S PREFERENCE OF A BORROWER SHALL BE PUNISHED AS PROVIDED IN SECTION 37-5-202 BELOW; AND TO AMEND SECTION 37-5-202, RELATING TO VIOLATIONS OF THE CONSUMER PROTECTION CODE AND THE RIGHTS OF THE PARTIES IN REGARD THERETO INCLUDING THE RIGHT TO RECOVER DAMAGES, SO AS TO INCLUDE THEREIN VIOLATIONS OF SECTION 37-10-102 IN REGARD TO ATTORNEY AND INSURANCE AGENT PREFERENCES.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 4782 -- Rep. Easterday: A BILL TO AMEND SECTION 37-5-203, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSUMER PROTECTION CODE, DEBTORS' REMEDIES, AND CIVIL LIABILITY FOR VIOLATION OF DISCLOSURE PROVISIONS, SO AS TO PROVIDE THAT CERTAIN PROVISIONS OF THIS SUBSECTION SHALL NOT BE CONSTRUED TO IMPOSE CIVIL LIABILITY OR PENALTIES ON AN ARRANGER OF CREDIT WHEN DISCLOSURE CONSTITUTING A VIOLATION OF THE FEDERAL TRUTH IN LENDING ACT IS ACTUALLY COMMITTED BY ANOTHER PERSON AND THE ARRANGER OF THE CREDIT HAS NO KNOWLEDGE OF THE VIOLATION WHEN IT OCCURRED, AND TO REQUIRE THE CREDITOR TO PROVIDE A COPY OF THE FINAL CLOSING DOCUMENTS TO THE ARRANGER OF CREDIT; TO AMEND SECTION 40-58-20, AS AMENDED, RELATING TO DEFINITIONS UNDER THE PROVISIONS OF LAW ON THE REGISTRATION OF MORTGAGE LOAN BROKERS, SO AS TO DEFINE "REGULAR BUSINESS HOURS", "SATELLITE OFFICE", AND "TABLE-FUNDED TRANSACTION", AND TO MAKE CERTAIN CHANGES TO THE DEFINITION OF "EXEMPT PERSON OR ORGANIZATION"; TO AMEND THE 1976 CODE BY ADDING SECTION 40-58-35 SO AS TO PROVIDE THAT A MORTGAGE LOAN BROKER MAY CONTRACT FOR AND RECEIVE A LOAN BROKER'S FEE AS SET FORTH IN THE BROKER'S FEE AGREEMENT WITH THE APPLICANT, AND PERMIT THE AGREEMENT TO INCLUDE A NONREFUNDABLE APPLICATION FEE; TO AMEND SECTION 40-58-65, RELATING TO THE REGISTRATION OF MORTGAGE LOAN BROKERS, RECORDS, CONFIDENTIALITY, THE PHYSICAL PRESENCE OF A MORTGAGE BROKER IN THE STATE, AND OFFICIAL PLACE OF BUSINESS, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT A REGISTERED MORTGAGE LOAN BROKER WITH AN OFFICIAL PLACE OF BUSINESS WITHIN SOUTH CAROLINA ALSO MAY MAINTAIN ONE OR MORE SATELLITE OFFICES UNDER CERTAIN CONDITIONS; TO AMEND SECTION 40-58-110, AS AMENDED, RELATING TO THE REGISTRATION OF MORTGAGE LOAN BROKERS, FIRST TIME REGISTRANTS' PROCESSING FEES, AND ANNUAL RENEWAL OF REGISTRATION, SO AS TO PROVIDE THAT A BROKER SHALL PAY AN INITIAL FEE OF FIFTY DOLLARS WHEN REGISTERING EACH SATELLITE LOCATION AND THAT THERE SHALL BE NO RENEWAL FEE CHARGED A SATELLITE OFFICE, REQUIRE THE BROKER TO GIVE WRITTEN NOTICE OF TEN DAYS BEFORE THE OPENING OF A NEW, OFFICIAL BRANCH OR SATELLITE LOCATION, AND PROVIDE THAT NO FEE IS REQUIRED WHEN THE REGISTRANT GIVES NOTICE OF A CHANGE OF ADDRESS FOR AN OFFICIAL BRANCH OR SATELLITE LOCATION; TO AMEND SECTION 37-10-102, AS AMENDED, RELATING TO THE CONSUMER PROTECTION CODE, MISCELLANEOUS LOAN PROVISIONS, AND ATTORNEY'S FEES AND OTHER CHARGES ON MORTGAGE LOANS FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES, SO AS TO DELETE CERTAIN PROVISIONS AND PROVIDE INSTEAD THAT AN ATTORNEY LICENSED TO PRACTICE LAW IN SOUTH CAROLINA MUST BE INVOLVED IN THE CLOSING OF THE LOAN FOR CERTAIN PURPOSES, AND TO PROVIDE THAT THE TITLE INSURANCE MUST BE ISSUED THROUGH A TITLE INSURANCE COMPANY LICENSED TO CONDUCT BUSINESS IN SOUTH CAROLINA AND MUST BE ACCEPTABLE TO THE LENDER; AND TO AMEND SECTION 37-3-201, AS AMENDED, RELATING TO THE CONSUMER PROTECTION CODE, LOANS, MAXIMUM CHARGES, AND THE LOAN FINANCE CHARGE FOR CONSUMER LOANS OTHER THAN SUPERVISED LOANS, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO A MORTGAGE LOAN BROKER AS DEFINED IN SECTION 40-58-20.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 1043 -- Senators Short, Rose, Peeler, Richter, Greg Smith, Thomas, Mescher, Moore, J. Verne Smith, Courtney, Elliott, Holland, Reese, Leventis, McGill, Cork, Passailaigue, Rankin, Matthews, Waldrop, Washington, Lander, Jackson, O'Dell and Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-135 SO AS TO REQUIRE ALL INDIVIDUAL AND GROUP HEALTH INSURANCE AND HEALTH MAINTENANCE ORGANIZATION POLICIES TO PROVIDE PAYMENT FOR HOSPITALIZATION OF A MOTHER AND HER CHILD, IF AT THE DISCRETION OF THE ATTENDING PHYSICIAN IT IS MEDICALLY NECESSARY, FOR A PERIOD NOT TO EXCEED THE SECOND POSTPARTUM DAY, NOT INCLUDING THE DAY OF DELIVERY, AFTER A VAGINAL DELIVERY, OR THE THIRD POST-OPERATIVE DAY, NOT INCLUDING THE DAY OF SURGERY, AFTER A CAESARIAN SECTION, AND TO PROVIDE FOR EXCEPTIONS.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 642 -- Senator Thomas: A BILL TO AMEND SECTION 56-9-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT, SELF-INSURERS, AND DETERMINATION OF FINANCIAL RESPONSIBILITY, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT A COPY OF THE APPLICANT'S LATEST FINANCIAL STATEMENT PREPARED BY A CERTIFIED PUBLIC ACCOUNTANT LICENSED TO DO BUSINESS IN SOUTH CAROLINA INDICATING THAT THE APPLICANT HAS A POSITIVE NET WORTH MUST BE SUBMITTED FOR A DETERMINATION OF FINANCIAL RESPONSIBILITY, AND THAT AN APPLICANT MAY BE REQUIRED TO DEPOSIT IN A SEGREGATED SELF-INSURED CLAIMS ACCOUNT THE SUM OF THREE THOUSAND DOLLARS FOR EACH VEHICLE TO BE COVERED BY THE SELF-INSURER'S CERTIFICATE.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, Reps. MOODY-LAWRENCE and T. BROWN, for the minority, submitted an unfavorable report, on:
H. 4788 -- Reps. Tripp and Cato: A BILL TO AMEND SECTIONS 40-45-20, 40-45-200, AS AMENDED, AND SECTION 40-45-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE PRACTICE OF PHYSICAL THERAPY, SO AS TO DELETE PROVISIONS REQUIRING SUCH PRACTICE ONLY UPON THE PRESCRIPTION OF A DOCTOR OF MEDICINE OR DENTISTRY AND TO INCLUDE AS A GROUND FOR REFUSING TO LICENSE OR FOR DISCIPLINARY ACTION A PERSON WHO HAS PRACTICED PHYSICAL THERAPY BEYOND THE SCOPE OF PRACTICE.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 501 -- Senator Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-110 SO AS TO PROVIDE THAT A COUNTY OR MUNICIPALITY MAY NOT IMPOSE A MORATORIUM ON A CONSTRUCTION PROJECT FOR WHICH A PERMIT HAS BEEN GRANTED WITHOUT GIVING A TWO-WEEK NOTICE IN A NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY IN WHICH THE PROJECT IS LOCATED AND REQUIRE AT LEAST TWO READINGS WHICH ARE A WEEK APART BEFORE A MORATORIUM MAY BE IMPOSED.
Ordered for consideration tomorrow.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 4635 -- Reps. Gamble, Mason, Stoddard, Carnell, Neal, G. Brown, Howard, Sandifer, Kennedy, Walker, Bailey, Whatley, Hutson, Stuart, Simrill, Shissias, Lloyd, Byrd, Herdklotz, Thomas, J. Young, Keegan, Stille, Rhoad, Lee, McCraw, Rice, Robinson, Harvin, Cain, Davenport and Chamblee: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO ENACT ADDITIONAL PROVISIONS OF LAW WHICH WILL RESTRAIN THE AMOUNT OF VIOLENCE, DRUGS, SEX, AND INAPPROPRIATE LANGUAGE AND BEHAVIOR ON TELEVISION WHICH REASONABLY CAN BE EXPECTED TO BE SEEN BY CHILDREN.
Ordered for consideration tomorrow.
The following was introduced:
H. 4970 -- Reps. Wilkins, Hodges, Young-Brickell and Cato: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE ACHIEVEMENTS AND CONTRIBUTIONS TO THIS STATE BY ROBERT E. HENDERSON PH.D., PRESIDENT AND DIRECTOR OF THE SOUTH CAROLINA RESEARCH AUTHORITY, ON THE OCCASION OF HIS RETIREMENT AND WISHING HIM WELL IN HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1384 -- Senator McGill: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING EDWARD F. EATMON OF KINGSTREE FOR HIS MANY YEARS OF EXEMPLARY SERVICE TO THE STATE OF SOUTH CAROLINA AND WILLIAMSBURG COUNTY AND WISHING HIM MUCH HAPPINESS AND SUCCESS FOLLOWING HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1385 -- Senators Saleeby and Drummond: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE JOHN LANDRUM FOR BEING NAMED 1995 LIBRARIAN OF THE YEAR BY THE SOUTH CAROLINA LIBRARY ASSOCIATION.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4972 -- Rep. Neal: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-69-35 SO AS TO PROHIBIT ISSUANCE OF A HOME HEALTH AGENCY LICENSE IF THE APPLICANT, OPERATOR, OR AN EMPLOYEE HAS BEEN CONVICTED OF CERTAIN CRIMES AND TO REQUIRE AN APPLICANT OR EMPLOYEE TO UNDERGO STATE AND FEDERAL BUREAU OF INVESTIGATION FINGERPRINT REVIEWS.
Referred to Committee on Judiciary.
H. 4973 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSIONERS OF PILOTAGE FOR THE PORT OF CHARLESTON, RELATING TO CONTROL OF VESSELS DURING DOCKING AND UNDOCKING OPERATIONS; INCREASE IN REGISTRATION FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1910, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
S. 1037 -- Senators Leventis and Washington: A BILL TO AMEND SECTION 16-17-510 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF ENTICING AN ENROLLED CHILD FROM ATTENDANCE IN PUBLIC SCHOOLS, SO AS TO REDUCE THE PENALTY FROM A FINE OF NOT LESS THAN ONE THOUSAND DOLLARS OR IMPRISONMENT FOR NOT LESS THAN TWO YEARS, OR BOTH, TO A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS OR IMPRISONMENT FOR NOT LESS THAN THIRTY DAYS, OR BOTH.
Referred to Committee on Judiciary.
S. 1051 -- Senators Bryan and Giese: A BILL TO AMEND CHAPTER 7 OF TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-345 SO AS TO PROVIDE THAT A PARENT MAY BE SUBJECT TO CRIMINAL PENALTY OR IMPRISONMENT FOR IMPROPER SUPERVISION OF A MINOR CHARGED WITH A CRIMINAL ACT WHEN SUCH NEGLECT IS A PROXIMATE CAUSE OF THE FURTHER DELINQUENCY OF THE MINOR; AND TO AMEND SECTION 20-7-400 SO AS TO PROVIDE THE FAMILY COURT WITH EXCLUSIVE JURISDICTION OVER THE PARENTS IN MATTERS ARISING OUT OF SECTION 20-7-345.
Referred to Committee on Judiciary.
S. 1124 -- Senator Fair: A BILL TO AMEND SECTION 16-3-85, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA 1976, RELATING TO HOMICIDE BY CHILD ABUSE, SO AS TO REVISE THE AGE OF A VICTIM OF THIS OFFENSE.
Referred to Committee on Judiciary.
S. 1152 -- Senator Fair: A BILL TO AMEND SECTION 16-15-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMITTING OR ATTEMPTING TO COMMIT A LEWD ACT UPON CERTAIN CHILDREN, SO AS TO REVISE THE AGES OF A VICTIM AND A PERPETRATOR OF THIS OFFENSE.
Referred to Committee on Judiciary.
H. 4971 -- Reps. Koon, Knotts, Gamble, Riser and Wright: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-2645 SO AS TO PROVIDE THAT IN COMPUTING WHETHER OR NOT AN OWNER OF A MOTOR VEHICLE FOR AD VALOREM TAX PURPOSES QUALIFIES FOR A HIGH MILEAGE DISCOUNT, NO DIFFERENTIAL IN MILEAGE BETWEEN DOMESTIC AND FOREIGN VEHICLES MAY BE USED.
Referred to Committee on Ways and Means.
The roll call of the House of Representatives was taken resulting as follows.
Allison Anderson Askins Bailey Baxley Boan Breeland Brown, H. Brown, J. Brown, T. Cain Carnell Cato Cave Chamblee Clyburn Cooper Cotty Cromer Dantzler Delleney Easterday Fleming Fulmer Gamble Govan Hallman Harrell Harris, J. Harris, P. Harrison Haskins Herdklotz Hines, J. Hines, M. Hodges Howard Hutson Jaskwhich Jennings Keegan Kelley Keyserling Kinon Kirsh Knotts Koon Lanford Law Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Marchbanks Martin Mason McAbee McCraw McKay McMahand McTeer Meacham Moody-Lawrence Phillips Quinn Rhoad Rice Richardson Robinson Sandifer Scott Sharpe Sheheen Simrill Smith, D. Smith, R. Spearman Stille Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young-Brickell
I came in after the roll call and was present for the Session on Wednesday, April 24.
Gilda Cobb-Hunter Larry L. Elliott June S. Shissias Joseph H. Neal W. Jeffrey Young Curtis B. Inabinett Alma W. Byrd Denny W. Neilson Grady A. Brown James S. Klauber John W. Riser G. Ralph Davenport, Jr. John G. Felder Joseph T. McElveen, Jr. Lynn Seithel Timothy F. Rogers Eugene C. Stoddard
LEAVES OF ABSENCE
The SPEAKER granted Rep. SEITHEL a temporary leave of absence.
The SPEAKER granted Rep. KLAUBER a temporary leave of absence.
On April the 23, I was on a business trip and my plane was delayed causing me to miss session. I did not take any compensation for the day.
Rep. RICHARD M. QUINN, JR.
Announcement was made that Dr. Jim Hill of Aiken is the Doctor of the Day for the General Assembly.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
H. 4962 -- Rep. Kinon: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 1996, AND ENDING JUNE 30, 1997.
H. 4812 -- Reps. McElveen, Harrison, Wilkins and Hodges: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 21, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE REQUIREMENT THAT NEITHER HOUSE DURING THE SESSION OF THE GENERAL ASSEMBLY SHALL ADJOURN WITHOUT THE CONSENT OF THE OTHER FOR MORE THAN THREE DAYS, SO AS TO CHANGE THIS PERIOD TO SEVEN DAYS AND PROVIDE THAT THIS REQUIREMENT IS NOT APPLICABLE TO A PARTICULAR HOUSE IF THERE ARE NO PENDING MESSAGES FROM THE GOVERNOR ON THE CALENDAR OF THAT HOUSE OR IF THERE ARE NO BILLS OR JOINT RESOLUTIONS FROM THE OTHER HOUSE ON THE CONTESTED OR UNCONTESTED CALENDAR OF THAT HOUSE FOR SECOND OR THIRD READING.
H. 4865 -- Reps. Law, Cato, Bailey, Wofford, H. Brown, Dantzler, Young-Brickell and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-1095 SO AS TO PROVIDE THAT A PRIVATE INSURER LICENSED TO UNDERWRITE "ESSENTIAL PROPERTY INSURANCE" MAY FILE AND USE CERTAIN RATES FOR THE COVERAGES DETAILED IN SECTION 38-75-310(1) AND THE PROCESS FOR FILING AND HAVING THE RATES APPROVED; AND BY ADDING SECTION 38-75-386 SO AS TO PROVIDE THAT LIABILITY OR A CAUSE OF ACTION MAY NOT ARISE AGAINST CERTAIN PERSONS FOR CERTAIN STATEMENTS MADE TO OR INFORMATION PROVIDED TO AN INSURER TO FACILITATE THE UNDERWRITING OF CERTAIN ESSENTIAL PROPERTY INSURANCE OR TO FACILITATE COMPETITION FOR THE UNDERWRITING OF CERTAIN ESSENTIAL PROPERTY INSURANCE.
H. 4392 -- Reps. Byrd, Moody-Lawrence, J. Brown, Lloyd, Kinon, J. Hines, T. Brown, Harvin, Cobb-Hunter, White and Cave: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 125 TO ENACT THE OSTEOPOROSIS PREVENTION AND TREATMENT EDUCATION ACT SO AS TO ESTABLISH THE OSTEOPOROSIS EDUCATION FUND TO BE ADMINISTERED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO ESTABLISH THE PURPOSE OF THE FUND AND THE DEPARTMENT'S RESPONSIBILITIES IN CARRYING OUT THE PURPOSE OF THE FUND.
H. 4677 -- Reps. Limehouse, Cain and Robinson: A BILL TO AMEND SECTION 52-7-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRING THAT CERTAIN ATHLETES POSSESS A PHYSICIAN'S CERTIFICATE AND THE ATTENDANCE OF A PHYSICIAN AT THE RINGSIDE OF A BOXING EVENT, SO AS TO REQUIRE THE PHYSICIAN'S CERTIFICATE TO STATE THAT THE PARTICIPANT IS FREE OF THE HUMAN IMMUNODEFICIENCY VIRUS (HIV) AND THE ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS).
H. 4702 -- Reps. P. Harris, Waldrop and Neilson: A BILL TO AMEND TITLE 44, CHAPTER 36, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALZHEIMER'S DISEASE, BY ADDING ARTICLE 5 TO ENACT THE "ALZHEIMER'S SPECIAL CARE DISCLOSURE ACT" SO AS TO REQUIRE CERTAIN FACILITIES OFFERING SPECIAL CARE UNITS OR PROGRAMS FOR ALZHEIMER'S PATIENTS TO DISCLOSE TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL THE FORM OF CARE OR TREATMENT PROVIDED THAT DISTINGUISHES IT AS BEING ESPECIALLY SUITABLE FOR THESE PATIENTS.
H. 4589 -- Reps. Limehouse, Hallman, Cotty, Hutson, Fulmer, Felder, Knotts and Witherspoon: A BILL TO AMEND SECTION 56-5-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF A DRIVER INVOLVED IN AN ACCIDENT RESULTING IN DEATH OR PERSONAL INJURY, SO AS TO REVISE THE PENALTY.
H. 4372 -- Reps. Lanford, Herdklotz, Bailey and Clyburn: A BILL TO AMEND SECTIONS 49-11-10 AND 49-11-20, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITIONS AGAINST OVERFLOWING OR KEEPING WATER UPON THE LAND OF ANOTHER PERSON, SO AS TO PROVIDE THAT RELEASING RESERVED WATER MAY NOT INJURE THE PROPERTY OF ANOTHER AND TO AUTHORIZE A CIVIL ACTION FOR INJUNCTIVE RELIEF AND MONETARY DAMAGES FOR VIOLATIONS.
H. 4431 -- Reps. Townsend, P. Harris, Huff, H. Brown, Cooper and Stille: A BILL TO AMEND SECTION 59-20-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF ALLOCATIONS TO SCHOOL DISTRICTS UNDER THE EDUCATION FINANCE ACT AND WEIGHTINGS TO ESTABLISH COST DIFFERENCES BETWEEN PROGRAMS, SO AS TO ADD A WEIGHTING FOR PUPILS WITH AUTISM.
H. 4584 -- Reps. Cooper, H. Brown, Fulmer, Knotts, Young-Brickell, Wofford, Hallman, Quinn, Cato, P. Harris, Harrell and Limehouse: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-210 SO AS TO MAKE IT UNLAWFUL TO DISTURB OR INTERFERE OR REMOVE MONUMENTS OR MEMORIALS FOR WAR VETERANS AND PROVIDE A PENALTY.
H. 4963 -- Rep. Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-9-2550 SO AS TO CREATE A DISTRIBUTION SYSTEM OF TTY'S AND OTHER RELATED TELECOMMUNICATIONS; TO AMEND SECTION 58-9-2510, RELATING TO DEFINITIONS FOR TELEPHONE SERVICE FOR HEARING AND SPEECH IMPAIRED PERSONS, SO AS TO DEFINE THE TERM DUAL SENSORY IMPAIRED PERSON AND TO DEFINE THE ACRONYM "TTY" AS A KEYBOARD MECHANISM ATTACHED TO OR IN PLACE OF A STANDARD TELEPHONE USED TO TRANSMIT OR RECEIVE SIGNALS THROUGH TELEPHONE LINES; TO AMEND SECTION 58-9-2520, RELATING TO THE STATEWIDE PROGRAM WHICH PROVIDES TELEPHONE ACCESS TO PERSONS WHO ARE SPEECH OR HEARING IMPAIRED, SO AS TO EXPAND THE SCOPE OF THE STATEWIDE ACCESS PROGRAM; AND TO AMEND SECTION 58-9-2530, RELATING TO FUNDING OF THE DUAL PARTY RELAY SYSTEM, SO AS TO ALLOW A MONTHLY CHARGE ON ALL RESIDENTIAL AND BUSINESS LOCAL EXCHANGE ACCESS FACILITIES TO FUND A DISTRIBUTION SYSTEM OF TTY'S AND OTHER RELATED TELECOMMUNICATIONS DEVICES IN THIS STATE.
H. 4965 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO THE DETERMINATION OF RATES OF TUITION AND FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1905, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4949 -- Rep. Seithel: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-690 SO AS TO AUTHORIZE A PERSON WHO OWNS PRIVATE PROPERTY TO SHRIMP FROM DOCKS ADJACENT TO AND OWNED BY THAT PERSON.
Rep. HARRELL moved to reconsider the vote whereby the following Bill was given a second reading, which was agreed to.
H. 4957 -- Reps. Harrell, Wilkins, Townsend, Kelly, Hutson, Limehouse, Cobb-Hunter, Wilder, Jennings, Howard, Stoddard, Lloyd, Knotts, Shissias, Herdklotz, Mason, H. Brown, Loftis, Govan, Neal, Law, Littlejohn, McElveen, Meacham, Cain, Kennedy, Hallman, J. Harris, Carnell, Dantzler, Cotty, Easterday, Walker, Young-Brickell, Klauber, Allison, R. Smith, Sheheen, Wells, Spearman, Stille, Sandifer, Sharpe, P. Harris, Riser, Tucker, Keegan, Stuart, Byrd, Chamblee, Neilson, Baxley, McCraw, Richardson, Koon, Gamble, J. Hines, Wofford, Wright, Vaughn, Keyserling, Jaskwhich, McMahand, Kinon, Askins, Rice, Waldrop, Seithel, M. Hines, Limbaugh, Harrison, Cato, Davenport, Hodges, Lanford, Thomas, Lee, J. Young, Fleming and Witherspoon: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 50 SO AS TO PROVIDE FOR THE ISSUANCE OF "PUBLIC EDUCATION: A GREAT INVESTMENT" LICENSE PLATES, AND TO PROVIDE FOR THE DISBURSEMENT OF THE FEES COLLECTED.
The following Bills and Joint Resolution were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
S. 1350 -- Senators Mescher and Rose: A BILL TO AMEND SECTION 1 OF ACT 159 OF 1995, RELATING TO DEVOLVING CERTAIN POWERS OF THE BERKELEY COUNTY LEGISLATIVE DELEGATION, BY ADDING A NEW SUBSECTION SO AS TO EXCLUDE SPECIAL PURPOSE DISTRICTS.
S. 1075 -- Senators Rose, Land, Leventis, Matthews, Washington and Mescher: A BILL TO AMEND SECTION 58-31-30, SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO THE POWERS OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY, SO AS TO AUTHORIZE THE PURCHASE AND MAINTENANCE OF STRUCTURES FOR THE DISTRIBUTION OF WATER IN CALHOUN AND COLLETON COUNTIES; AND TO DELETE THE PROVISION THAT PROHIBITS THE TRANSFER OF WATER FROM ONE RIVER BASIN TO ANOTHER.
S. 1022 -- Senators McConnell, Passailaigue, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-140 SO AS TO PROVIDE THAT JUNE TWENTY-EIGHTH OF EACH YEAR IS "CAROLINA DAY" IN SOUTH CAROLINA, COMMEMORATING THE ANNIVERSARY OF THE BATTLE OF FORT SULLIVAN IN 1776.
S. 1217 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO STUDENT AND INSTITUTION ASSISTANCE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1840, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bills were taken up, read the second time, and ordered to a third reading:
S. 1367 -- Senator Lander: A BILL TO AMEND SECTION 7-7-480, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN SALUDA COUNTY, SO AS TO DELETE THE DENNY PRECINCT FROM THE LIST OF VOTING PRECINCTS.
S. 1252 -- Senators Land and McGill: A BILL TO AMEND SECTION 57-23-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCENIC HIGHWAYS COMMITTEE, SO AS TO DELETE THE PROVISION TERMINATING THE COMMITTEE ON JUNE 30, 1997, UNLESS REAUTHORIZED BY THE GENERAL ASSEMBLY.
Rep. PHILLIPS explained the Bill.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.
S. 1315 -- Senators Drummond, Matthews, Waldrep, Washington, Setzler, Cork, Moore, Ryberg, O'Dell and Alexander: A BILL TO AMEND SECTION 1-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION AND BOUNDARIES OF THE STATE, SO AS TO REVISE THE BOUNDARIES OF THE STATE IN REGARD TO THE BOUNDARY IN THE LOWER SAVANNAH RIVER REGION.
S. 1117 -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 144 SO AS TO ENACT THE "PUBLIC SCHOOL FACILITIES ASSISTANCE ACT", TO MAKE FUNDS AVAILABLE TO CONSTRUCT AND RENOVATE PUBLIC SCHOOL FACILITIES, AND TO AUTHORIZE THE ISSUANCE OF SCHOOL REVENUE BONDS FOR SPECIFIED PURPOSES IN CONNECTION THEREWITH.
Rep. ROBINSON moved to adjourn debate upon the following Bill, which was adopted.
H. 4957 -- Reps. Harrell, Wilkins, Townsend, Kelly, Hutson, Limehouse, Cobb-Hunter, Wilder, Jennings, Howard, Stoddard, Lloyd, Knotts, Shissias, Herdklotz, Mason, H. Brown, Loftis, Govan, Neal, Law, Littlejohn, McElveen, Meacham, Cain, Kennedy, Hallman, J. Harris, Carnell, Dantzler, Cotty, Easterday, Walker, Young-Brickell, Klauber, Allison, R. Smith, Sheheen, Wells, Spearman, Stille, Sandifer, Sharpe, P. Harris, Riser, Tucker, Keegan, Stuart, Byrd, Chamblee, Neilson, Baxley, McCraw, Richardson, Koon, Gamble, J. Hines, Wofford, Wright, Vaughn, Keyserling, Jaskwhich, McMahand, Kinon, Askins, Rice, Waldrop, Seithel, M. Hines, Limbaugh, Harrison, Cato, Davenport, Hodges, Lanford, Thomas, Lee, J. Young, Fleming and Witherspoon: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 50 SO AS TO PROVIDE FOR THE ISSUANCE OF "PUBLIC EDUCATION: A GREAT INVESTMENT" LICENSE PLATES, AND TO PROVIDE FOR THE DISBURSEMENT OF THE FEES COLLECTED.
Rep. STILLE moved to adjourn debate upon the following Joint Resolution until Thursday, April 25, which was adopted.
H. 4453 -- Reps. Townsend, Stille, Cooper, Trotter and Cato: A JOINT RESOLUTION TO PERMIT CERTAIN STUDENTS UNTIL DECEMBER 1, 1996, THE OPPORTUNITY TO TAKE THE EDUCATION ENTRANCE EXAMINATION (EEE) OR CERTAIN SECTIONS THEREOF NOT PASSED FOR A FOURTH TIME UNDER SPECIFIED CONDITIONS.
The following Bill was taken up.
H. 4746 -- Rep. Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-5-15 SO AS TO PROVIDE THAT INSTITUTIONS OF HIGHER EDUCATION THAT FOLLOW ACADEMIC SCHEDULES MAY ESTABLISH LEGAL HOLIDAYS FOR THEIR EMPLOYEES DIFFERENT FROM THOSE PROVIDED BY LAW SO LONG AS THE TOTAL NUMBER OF HOLIDAYS IN ANY CALENDAR YEAR DOES NOT EXCEED THE TOTAL NUMBER OF LEGAL HOLIDAYS ALLOWED.
Rep. STILLE proposed the following Amendment No. 1 (Doc Name P:\amend\BBM\10801SD.96), which was adopted.
Amend the bill, as and if amended, page 1, Section 53-5-15 as contained in SECTION 1, line 26, by inserting immediately after /as/ /employees receive a holiday on all general election days and so long as/.
Amend title to conform.
Rep. STILLE explained the amendment.
The amendment was then adopted.
Rep. STILLE explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Joint Resolution was taken up.
S. 949 -- Senator Hayes: A JOINT RESOLUTION TO PERMIT CERTAIN STUDENTS UNTIL DECEMBER 1, 1996, THE OPPORTUNITY TO TAKE THE EDUCATION ENTRANCE EXAMINATION (EEE) OR CERTAIN SECTIONS THEREOF NOT PASSED FOR A FOURTH TIME UNDER SPECIFIED CONDITIONS.
Reps. WALKER, WELLS, LANFORD, HALLMAN, ALLISON, FULMER, TRIPP, HARRELL, LIMEHOUSE, WHATLEY, LEE, MOODY-LAWRENCE, NEAL, LLOYD and J. BROWN objected to the Joint Resolution.
Rep. HARRISON moved to adjourn debate upon the following Bill until Thursday, April 25, which was adopted.
H. 4245 -- Reps. Jennings, J. Harris, Kinon, Baxley, Martin and Thomas: A BILL TO RECOGNIZE THE CHICORA-WACCAMAW INDIAN TRIBE AND THE PEE DEE INDIAN TRIBE AS INDIAN TRIBES OF SOUTH CAROLINA REPRESENTING THE CHICORA-WACCAMAW INDIAN PEOPLE AND THE PEE DEE INDIAN PEOPLE RESPECTIVELY, AND TO CONFER UPON THEM SUCH RIGHTS AND PRIVILEGES AS ARE PROVIDED BY LAW TO INDIAN TRIBES OF THIS STATUS.
The following Bill was taken up.
H. 4651 -- Reps. Harrison, Seithel and Rogers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-210 SO AS TO MAKE IT UNLAWFUL TO GIVE AWAY ANY LIVE ANIMAL AS A PRIZE FOR, OR AS AN INDUCEMENT TO ENTER, ANY CONTEST, GAME, OR OTHER COMPETITION, OR AS AN INDUCEMENT TO ENTER A PLACE OF AMUSEMENT, OR AS AN INCENTIVE TO ENTER INTO ANY BUSINESS AGREEMENT WHEREBY THE OFFER MADE WAS FOR THE PURPOSE OF ATTRACTING TRADE; TO MAKE IT UNLAWFUL TO RAFFLE, ASK FOR DONATIONS, OR GIVE AWAY TICKETS OR HOLD DRAWINGS TO RECEIVE OR WIN ANY LIVE ANIMAL; AND TO PROVIDE PENALTIES.
Reps. RHOAD, LIMEHOUSE, ELLIOTT, WHATLEY, MOODY-LAWRENCE, HASKINS, KNOTTS, CHAMBLEE, LANFORD, FULMER, HALLMAN, SANDIFER, R. SMITH, TRIPP and WITHERSPOON objected to the Bill.
The following Bill was taken up.
H. 4871 -- Reps. Harrison, D. Smith and Wilkins: A BILL TO DEVOLVE THE POWERS, DUTIES, AND RESPONSIBILITIES OF THE SECRETARY OF STATE UPON CERTAIN STATE OFFICERS, PERSONS, AND AGENCIES.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\DKA\3676DW.96).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 1-1-110 of the 1976 Code, as last amended by Section 2, Act 181 of 1993, is further amended to read:
"Section 1-1-110. The executive department of this State is hereby declared to consist of the following officers, that is to say: The Governor and Lieutenant Governor, the Secretary of State, the State Treasurer, the Attorney General and the solicitors, the Adjutant General, the Comptroller General, the State Superintendent of Education, the Commissioner of Agriculture and the Director of the Department of Insurance."
SECTION 2. Section 1-1-120 of the 1976 Code is amended to read:
"Section 1-1-120. In case any vacancy shall occur in the office of Secretary of State, State Treasurer, Comptroller General, Attorney General or Adjutant General, such vacancy shall be filled by election by the General Assembly, a majority of the votes cast being necessary to a choice. If such vacancy occur during the recess of the General Assembly, the Governor shall fill the vacancy by appointment until an election by the General Assembly at the session next ensuing such vacancy."
SECTION 3. Section 1-1-1210 of the 1976 Code, as last amended by Section 9, Part II, Act 189 of 1989, is further amended to read:
"Section 1-1-1210. The annual salaries of the state officers listed below are:
Governor $98,000
Lieutenant Governor 43,000
Secretary of State 85,000
State Treasurer 85,000
Attorney General 85,000
Comptroller General 85,000
Superintendent of Education 85,000
Adjutant General 85,000
Commissioner of Agriculture 85,000
These salaries must be increased by two percent on July 1, 1991, and on July first of each succeeding year through July 1, 1994.
A state officer whose salary is provided in this section may not receive compensation for ex officio service on any state board, committee, or commission."
SECTION 4. Section 1-3-215 of the 1976 Code, as added by Acts 181 and 183 of 1993, is amended to read:
"Section 1-3-215. (A) Appointments by the Governor requiring the advice and consent of the Senate must be transmitted to the Senate and must contain at a minimum the following information:
(1) the title of the office to which the individual is being appointed;
(2) the designation of any special seat, discipline, interest group or other designated entity that the individual is representing or is chosen from;
(3) the full legal name of the individual being appointed;
(4) the current street or mailing address and telephone number;
(5) the county, counties, district or other geographic area or political subdivision being represented;
(6) the name of the individual being replaced if the appointment is not an initial appointment; and
(7) the commencement and ending date of the term of office.
(B) When an appointment has been confirmed by the Senate, evidence of such confirmation shall be transmitted to the Secretary of State Governor by the Clerk of the Senate and the Secretary of State Governor must thereafter obtain the necessary oath and evidence of bond if required. The taking of the oath of office and filing of any requisite bond shall fully vest the person appointed with the full rights, privileges and powers of the office. The notice of confirmation transmitted by the Senate shall be conclusive as to the validity of an appointment and the issuance of a commission by the Secretary of State Governor after obtaining the requisite documentation is a ministerial act."
SECTION 5. Section 1-3-420 of the 1976 Code is amended to read:
"Section 1-3-420. The Governor, when in his opinion the facts warrant, shall, by proclamation, declare that, because of unlawful assemblage, violence or threats of violence, a danger exists to the person or property of any citizen and that the peace and tranquility of the State, or any political subdivision thereof, or any particular area of the State designated by him, is threatened, and because thereof an emergency, with reference to such threats and danger, exists.
The Governor, upon the issuance of a proclamation as provided for in this section, shall forthwith file such proclamation in the office of the Secretary of State Adjutant General, which proclamation shall be effective upon issuance and remain in full force and effect until revoked by the Governor."
SECTION 6. Section 1-5-30 of the 1976 Code is amended to read:
"Section 1-5-30. The Secretary of State Lieutenant Governor shall, during the absence of the Governor from Columbia, be placed in charge of the records and papers in the executive chamber. He shall keep in Columbia all the books, records and papers belonging thereto."
SECTION 7. Section 1-7-110 of the 1976 Code is amended to read:
"Section 1-7-110. He shall, when required by the Secretary of State, State Treasurer, Adjutant General, Comptroller General, or any other state officer or the Public Service Commission, consult and advise with them, respectively, on questions of law relating to their official business."
SECTION 8. Section 1-9-30 of the 1976 Code is amended to read:
"Section 1-9-30. In the event that the Governor, for any of the reasons specified in the Constitution, is not able to exercise the powers and discharge the duties of his office, or is unavailable, and in the event the Lieutenant Governor, President pro tempore of the Senate, and the Speaker of the House of Representatives be for any of the reasons specified in the Constitution not able to exercise the powers and discharge the duties of the office of Governor, or be unavailable, the Secretary of State, State Treasurer or Attorney General shall, in the order named, if the preceding named officers be unavailable, exercise the powers and discharge the duties of the office of Governor until a new Governor is elected and qualifies, or until a preceding named officer becomes available; provided, however, that no emergency interim successor to the aforementioned offices may serve as Governor."
SECTION 9. Section 1-11-140 of the 1976 Code, as last amended by Section 87, Part II, Act 145 of 1995, is further amended to read:
"Section 1-11-140. (A) The State Budget and Control Board, through the Office of Insurance Services, is authorized to provide insurance for the State, its departments, agencies, institutions, commissions, boards, and the personnel employed by the State in its departments, agencies, institutions, commissions, and boards so as to protect the State against tort liability and to protect these personnel against tort liability arising in the course of their employment. The insurance also may be provided for physicians or dentists employed by the State, its departments, agencies, institutions, commissions, or boards against any tort liability arising out of the rendering of any professional services as a physician or dentist for which no fee is charged or professional services rendered of any type whatsoever so long as any fees received are directly payable to the employer of a covered physician or dentist, or to any practice plan authorized by the employer whether or not the practice plan is incorporated and registered with the Secretary of State Department of Commerce; provided, any insurance coverage provided by the Budget and Control Board may be on the basis of claims made or upon occurrences. The insurance also may be provided for students of high schools, South Carolina Technical Schools, or state-supported colleges and universities while these students are engaged in work study, distributive education, or apprentice programs on the premises of private companies. Premiums for the insurance must be paid from appropriations to or funds collected by the various entities, except that in the case of the above-referenced students in which case the premiums must be paid from fees paid by students participating in these training programs. The board has the exclusive control over the investigation, settlement, and defense of claims against the various entities and personnel for whom it provided insurance coverage and may promulgate regulations in connection therewith.
(B) Any political subdivision of the State including, without limitations, municipalities, counties, and school districts, may procure the insurance for itself and for its employees in the same manner provided for the procurement of this insurance for the State, its entities, and its employees.
(C) The procurement of tort liability insurance in the manner provided is the exclusive means for the procurement of this insurance.
(D) The State Budget and Control Board, through the Office of Insurance Services, also is authorized to offer insurance to governmental hospitals and any subsidiary of or other entity affiliated with the hospital currently existing or as may be established; and chartered, nonprofit, eleemosynary hospitals and any subsidiary of or other entity affiliated with the hospital currently existing or as may be established in this State so as to protect these hospitals against tort liability. Notwithstanding any other provision of this section, the procurement of tort liability insurance by a hospital and any subsidiary of or other entity affiliated with the hospital currently existing or as may be established supported wholly or partially by public funds contributed by the State or any of its political subdivisions in the manner herein provided is not the exclusive means by which the hospital may procure tort liability insurance.
(E) The State Budget and Control Board, through the Office of Insurance Services, is authorized to provide insurance for duly appointed members of the boards and employees of health system agencies, and for members of the State Health Coordinating Council which are created pursuant to Public Law 93-641.
(F) The board, through the Office of Insurance Services, is further authorized to provide insurance as prescribed in Sections 10-7-10 through 10-7-40, 59-67-710, and 59-67-790.
(G) Documentary or other material prepared by or for the Office of Insurance Services in providing any insurance coverage authorized by this section or any other provision of law which is contained in any claim file is subject to disclosure to the extent required by the Freedom of Information Act only after the claim is settled or finally concluded by a court of competent jurisdiction."
SECTION 10. Section 1-19-230 of the 1976 Code is amended to read:
"Section 1-19-230. Each reorganization plan which shall take effect under this chapter shall be filed with the Secretary of State Governor immediately after it shall stand approved by the General Assembly and shall be printed in the Acts and Joint Resolutions of the session at which it was approved."
SECTION 11. Section 1-23-100 of the 1976 Code is amended to read:
"Section 1-23-100. This article shall not apply to Executive Orders, proclamations or documents issued by the Governor's Office. However, Governor's Executive Orders, having general applicability and legal effect shall be transmitted by the Secretary of State Governor to the Legislative Council to be published in a separate section of the State Register for information purposes only. Such orders shall not be subject to General Assembly approval."
SECTION 12. Section 2-1-50 of the 1976 Code is amended to read:
"Section 2-1-50. The clerk of the House of Representatives shall within ten days from the adjournment of the General Assembly sine die send the names of all persons elected or appointed by the General Assembly during the session to the Secretary of State Governor, together with the action of the General Assembly with reference thereto, and the Secretary of State Governor shall keep them for public inspection."
SECTION 13. Section 2-5-60 of the 1976 Code is amended to read:
"Section 2-5-60. Each designation of an emergency interim successor shall become effective when the legislator or presiding officer making the designation files with the Secretary of State Governor the successor's name, address and rank in order of succession. The removal of an emergency interim successor or change in order of succession shall become effective when the legislator or presiding officer so acting files this information with the Secretary of State Governor. All such data shall be open to public inspection. The Secretary of State Governor shall inform the Governor, the State Office of Civil Defense, the clerk of the House concerned and all emergency interim successors, of all such designations, removals and changes in order of succession. The clerk of each House shall enter all information regarding emergency interim successors for the House in its public journal at the beginning of each legislative session and shall enter all changes in membership or order of succession as soon as possible after their occurrence."
SECTION 14. Section 2-7-80 of the 1976 Code, as last amended by Section 1, Act 194 of 1987, is further amended to read:
"Section 2-7-80. The clerks of the two houses of the General Assembly are directed to have printed all statewide acts after their approval by the Governor and to place upon the desk of each member of the General Assembly, not later than two weeks after the approval date, a copy of such acts and to mail copies to the house of those members who request such services and, after sine die adjournment each year, to mail a copy of all acts not placed on the members' desks during the session to the home address of each member of the General Assembly. In addition, three copies must be mailed to each clerk of court in the State, to the head of each state department and institution, to the Chief Justice and associate justices of the Supreme Court, to the Chief Judge and associate judges of the Court of Appeals, and each judge of the judicial circuits. Likewise, printed copies of local acts approved by the Governor must be furnished to the members of the legislative delegation from the county involved. The Secretary of State Legislative Council shall notify the respective clerks immediately upon receipt of all acts available to them for proofreading. Copies of printed statewide acts of the General Assembly must be supplied to the county clerks of court and county boards of commissioners."
SECTION 15. Section 2-7-240 of the 1976 Code is amended to read:
"Section 2-7-240. No act or joint resolution lodged in the Secretary of State's Legislative Council's office over fifteen days shall be corrected as hereinabove provided for in this article."
SECTION 16. Section 2-11-10 of the 1976 Code, as last amended by Act 157 of 1989, is further amended to read:
"Section 2-11-10. There is hereby created a Legislative Council of the General Assembly of South Carolina, the membership of which shall be composed of the President of the Senate, the Speaker of the House of Representatives, the Secretary of State, Attorney General, the chairman of the Judiciary Committee of the Senate or his designee, and the chairman of the Judiciary Committee of the House of Representatives."
SECTION 17. Section 2-13-140 of the 1976 Code is amended to read:
"Section 2-13-140. The Code Commissioner and the Legislative Council shall have access to State papers and documents in the custody of the Secretary of State or other custodians of the State laws and archives. The Attorney General and his office, the South Carolina Archives Department and other State agencies and State officers shall on request of the Commissioner and Council cooperate in the codifying of the general statutory law."
SECTION 18. 2-13-190 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 2-13-190. Within five days after receiving such page proofs corrected from the Code Commissioner, the Office of Legislative Printing and Information Technology Resources (LPITR) shall print the same and shall deliver as many copies to the Code Commissioner as the commissioner may order. The Code Commissioner on receipt of such copies shall send a copy to each of the following officers: The Governor, Supreme Court Justices, Clerk of the Supreme Court, Court of Appeals Judges, Clerk of the Court of Appeals, circuit judges, circuit solicitors, county judges, county solicitors, clerk of the court of each county, judge of probate of each county, Attorney General, Secretary of State, Comptroller General, Adjutant General, State Treasurer, Chief Bank Examiner, Department of the Revenue and Taxation, Director of the Department of Transportation, State Health Officer, Director of the Department of Natural Resources, Chairman of the Public Service Commission, Commissioner of Agriculture, Director of the Department of Insurance, State Budget and Control Board, State Superintendent of Education, State Librarian, Clerk of the House of Representatives, Clerk of the Senate, Director of the South Carolina Archives Department, and the members of the General Assembly. Any magistrate may obtain a copy of advance sheets of statutes by sending his name, address, and term to the Code Commissioner."
SECTION 19. Section 2-13-240 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 2-13-240. (a) Sets of the Code of Laws of South Carolina, 1976, shall be distributed by the Legislative Council as follows: Governor, three; Lieutenant Governor, two; Secretary of State, three; Treasurer, one; Attorney General, fifty; Adjutant General, one; Comptroller General, two; Superintendent of Education, two; Commissioner of Agriculture, two; each member of the General Assembly, one; office of the Speaker of the House of Representatives, one; Clerk of the Senate, one; Clerk of the House of Representatives, one; each committee room of the General Assembly, one; each member of the Legislative Council, one; Code Commissioner, one; Legislative Council, ten; Supreme Court, fourteen; Court Administration Office, five; each circuit court judge, one; each circuit court solicitor, one; each family court judge, one; each county court judge, one; College of Charleston, one; The Citadel, two; Clemson University, three; Francis Marion College, one; Lander College, one; Medical University of South Carolina, two; South Carolina State College, two; University of South Carolina, four; each regional campus of the University of South Carolina, one; University of South Carolina Law School, forty-six; Winthrop College, two; each technical college or center, one; each county governing body, one; each county clerk of court and register of mesne conveyances where such offices are separate, one; each county auditor, one; each county coroner, one; each county magistrate, one; each county master in equity, one; each county probate judge, one; each county public library, one; each county sheriff, one; each public defender, one; each county superintendent of education, one; each county treasurer, one; Library of Congress, three; United States Supreme Court, one; each member of Congress from South Carolina, one; each state library which furnishes this State a free set of its Code of Laws, one; Division of Aeronautics of the Department of Commerce, one; Department of Alcohol and other Drug Abuse Services, one; Department of Archives and History, one; Board of Bank Control, one; Commissioner of Banking, one; Budget and Control Board (Auditor, six; General Services Division, six; Personnel Division, one; Research and Statistical Services Division, one; Retirement System, one); Children's Bureau, one; Department of Consumer Affairs, one; Department of Corrections, two; Criminal Justice Academy, one; Department of Commerce, five; Employment Security Commission, two; Ethics Commission, one; Forestry Commission, one; Department of Health and Environmental Control, five; Department of Transportation, five; Department of Public Safety, five; Human Affairs Commission, one; Workers' Compensation Commission, seven; Department of Insurance, two; Department of Juvenile Justice and Aftercare, one; Department of Labor, Licensing and Regulation, two; South Carolina Law Enforcement Division, four; Legislative Audit Council, one; State Library, three; Department of Mental Health, three; Department of Disabilities and Special Needs, five; Ports Authority, one; Department of Probation, Parole and Pardon, two; Public Service Commission, three; Reorganization Commission, one; Department of Social Services, two; Department of Revenue and Taxation, six; Board for Technical and Comprehensive Education, one; Veterans' Affairs Division of the Governor's office, one; Vocational Rehabilitation, one; Department of Natural Resources, four.
(b) If any technical college or center offers a course in paralegal practice such college or center shall be allowed two additional sets of the Code.
(c) All remaining copies of the Code may be sold or distributed in the best interest of the State as may be determined by the Legislative Council.
(d) The provisions of Sections 8-15-30 and 8-15-40 of the 1976 Code shall not apply to members of the General Assembly, members of the Legislative Council and the Code Commissioner."
SECTION 20. Section 2-17-17 of the 1976 Code, as added by Section 54, Part II, Act 164 of 1993, is amended to read:
"Section 2-17-17. A department director, constitutional officer, agency director, state board or commission, or governing body of any other entity of state government whose department, office, agency, board, commission, or entity employs or contracts with a lobbyist, as defined in Section 2-17-10, who is not a full-time employee of the state, from funds appropriated in the annual general appropriations act, must retain and use a portion of these funds to provide in a timely fashion copies of the disclosure statements and reports filed by the lobbyist with the Secretary of State or State Ethics Commission by mail to the home address of each member of the board, commission, or governing body, authority or official of such department, agency, or entity."
SECTION 21. Section 3-1-150 of the 1976 Code is amended to read:
"Section 3-1-150. Whenever a duly authorized official or agent of the United States, acting pursuant to authority conferred by the Congress, notifies the Budget and Control Board or any other State official, department or agency, that the United States desires or is willing to relinquish to the State the jurisdiction, or a portion thereof, held by the United States over the lands designated in such notice, the Budget and Control Board may, in its discretion, accept such relinquishment. Such acceptance may be made by sending a notice of acceptance to the official or agent designated by the United States to receive such notice of acceptance. The Budget and Control Board shall send a signed copy of the notice of acceptance, together with the notice of relinquishment received from the United States, to the Secretary of State Governor, who shall maintain a permanent file of the notices.
Upon the sending of the notice of acceptance to the designated official or agent of the United States, the State shall immediately have such jurisdiction over the lands designated in the notice of relinquishment as the notice shall specify.
The provisions of this section shall apply to the relinquishment of jurisdiction acquired by the United States under the provisions of Sections 3-1-110 and 3-1-120."
SECTION 22. Section 3-3-210 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 3-3-210. Subject to the rights of the South Carolina Department of Natural Resources or its successors to lease and subject to the rights of the people of the State to gather oysters and other shellfish on any of the lands hereinafter described, there has been granted to the United States all of the marshlands, sand banks, shores, edges and lands uncovered by water at low tide which are included within the outside boundaries of the premises hereinafter described or which are contiguous and adjacent to such boundaries, to wit:
(1) All that plantation or tract of land containing a body of marshland, in all seven thousand five hundred and sixty-eight (7,568) acres, situate in and around Bull Bay, in the county of Charleston, embracing those islands known as White Banks, being the premises granted to Richard T. Morrison, September 1, 1860, by grants recorded in book Q No. 6, pages 218 and 219, in the office of the Secretary of State Governor, plats of which tracts are also recorded in volume 57, page 429 and page 430, in the office of the Secretary of State Governor;
(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 Governor 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 Governor 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 Governor, 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 Governor 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 Governor 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 Governor, 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 Governor and subsequently conveyed to H. P. Jackson by deed recorded in book Y-20, page 217, in the R.M.C. office aforesaid, a plat of which tract is recorded in State record volume 43, page 270, and also in book B, page 132, in the R.M.C. office aforesaid.
Jurisdiction; migratory bird refuge.-Subject to the rights of the South Carolina Department of Natural Resources as provided above the United States shall have exclusive jurisdiction on the lands so granted for the purpose of carrying out the provisions of the act of Congress approved February 18, 1929, known as the 'Migratory Bird Conservation Act' and all acts hereafter amendatory thereof, and for the purpose of the preservation and conservation of all migratory birds which are or hereafter may be under the jurisdiction of the United States.
Service of process.-Nothing contained in said grant shall be construed to exclude or prevent any process, civil or criminal, issuing from the courts of this State from being served or executed within the limits of said grant.
Reverter when no longer used for game refuge.-The lands so granted shall revert to the State in the event the United States shall cease to use said lands for the purpose of a migratory bird refuge.
Consent to conveyance of part of such lands.-The consent of the State has also been given to the conveyance by the United States or its duly authorized agency, to I. W. Limbaker of tract 'A,' as shown on plat of the Intercoastal Waterway, Winyah Bay-Charleston, Canal Prism and Spoil Disposal Areas, prepared by the United States engineer office, Charleston, South Carolina, February 6, 1939, and on file in the United States engineer office aforesaid in file No. 42-4, said tract 'A' having been a portion of the lands granted the United States as aforesaid, in exchange for the conveyance by I. W. Limbaker to the United States or its duly authorized department, or tract 'B,' as shown on said plat, the granting clause of said conveyance from I. W. Limbaker reading as follows:
'That the said deeded land shall revert to the State of South Carolina in the event the United States of America ceases to use the said lands for the purpose of a migratory bird refuge.' And it is hereby specifically declared that said tract 'A' shall not revert to the State on account of said conveyance, but having been conveyed to I. W. Limbaker as so authorized, shall be freed of the provision for reversion contained in the cession of said property to the United States."
SECTION 23. Section 3-3-220 of the 1976 Code is amended to read:
"Section 3-3-220. Certain marshlands next adjacent to Castle or Fort Pinckney, not previously ceded to the United States, and consisting of fifty acres of marshlands, more or less, were granted to the United States in 1898 for the purpose of erecting, constructing and maintaining a home or sanatorium for disabled officers, soldiers and sailors of the Army and Navy of the United States.
Land tax exempt. Such lands shall so long as they shall be used for the purpose aforesaid be exonerated and discharged from all taxes, assessments and other charges which may be imposed under the authority of this State.
Plat to be made and filed. The proper officers of the United States in charge of such institution were required to cause to be executed a plat of the lands which were acquired for such purpose and file it in the office of the Secretary of State Governor of this State."
SECTION 24. Section 3-3-340 of the 1976 Code is amended to read:
"Section 3-3-340. Other lands that have been ceded to the United States are:
(1) Fort Moultrie, on Sullivan's Island, Charleston County. In addition to the lands mentioned in Section 3-3-240, all the lands originally reserved for Fort Moultrie, on Sullivan's Island, in Charleston County, not in excess of five acres, with all the forts, fortifications and buildings thereon, together with the canal leading from the cove on the back of the fort nearly up to the same, as delineated on the plan of Charleston Harbor by Col. Senf in the Secretary of State's Governor's office at Columbia;
(2) Fort Johnson, Charleston County. The high lands and part of the marsh belonging to Fort Johnson not in excess of twenty acres, as delineated on said plan of Charleston Harbor, including the present site of Fort Johnson;
(3) Fort Pinckney, Charleston County. The land on which Fort Pinckney is built and three acres around the same in Charleston County;
(4) Sandbank on southeast point of Charleston. A portion of the sandbank marked 'C' on the southeasternmost point of Charleston, as delineated on said plan of Charleston Harbor, not exceeding two acres;
(5) Ten acres on Blythe's Point, Sampit River, in Georgetown County. A lot, not exceeding four acres, for a battery or fort and necessary buildings on Dr. Blythe's point of land at the mouth of Sampit River, Georgetown County, and a quantity of land, not exceeding six acres, on Dr. Blythe's said point of land at the mouth of Sampit River, adjoining and in addition to such four acres; and for the same purposes;
(6) Mustard Island and seven acres on St. Helena Island, Beaufort County. Mustard Island, opposite Parris Island, in Beaufort River, and a tract of land on St. Helena Island, opposite Mustard Island, not exceeding seven acres in Beaufort County;
(7) Five acres in Beaufort, Beaufort County. Five acres of the public lands near the town of Beaufort, including the site of Fort Lyttleton in Beaufort County, for the purpose of erecting a fort;
(8) Site at Mount Pleasant, Charleston County. A site for a lighthouse in or near Mount Pleasant in Charleston Harbor, not exceeding one acre;
(9) Site at White Point, in Charleston County. A site for a beacon light at White Point, in the city of Charleston, as heretofore designated by the city council of Charleston;
(10) Site at Fort Point in Georgetown County. A site, not exceeding twenty acres, for a lighthouse on Fort Point, near Georgetown in Georgetown County;
(11) Shore line of Sullivan's Island for jetty for Charleston Harbor. A quantity of land on Sullivan's Island in Charleston Harbor, not exceeding three hundred feet in length and two hundred feet in breadth, for the shore line of a jetty erected for the improvement and deepening of the bar of Charleston Harbor, described and located as follows: Starting from the magistral of the northeast salient angle of Fort Moultrie, thence running south two degrees, seven and one-half minutes (2_ 7 1 /2 ' ) east, eight hundred and forty-six (846) feet, to a point near high-water line on the south shore of Sullivan's Island; thence north eighty-six degrees, thirty-five and one-half minutes (86_ 35 1 /2 ' ) east, two thousand eight hundred (2,800) feet, to a point near the same high-water line; thence north seventy-seven degrees, thirty-eight and one-half minutes (77_ 38 1 /2 ' ) east, two thousand one hundred and ninety and one-half (2,190 1 /2 et, to a point on the high-water line of said shore which is the southwest angle of the tract hereby conveyed; thence north seventy-seven degrees, thirty-eight and one-half minutes (77_ 38 1 /2 ' ) east, along said water line three hundred (300) feet; thence north twelve degrees, twenty-one and one-half minutes (12_ 21 1 /2 ' ) west, two hundred (200) feet; thence south seventy-seven degrees, thirty-eight and one-half minutes (77_ 38 1 /2 ' ) west, three hundred (300) feet; thence south twelve degrees, twenty-one and one-half minutes (12_ 21 1 /2 ' ) east, two hundred (200) feet, to the high-water line at the before-mentioned southwest angle of the tract herein conveyed; together with the accretion on the three hundred (300) feet of water front of said tract;
(12) Shore line on Morris Island for jetty for Charleston Harbor. A quantity of land on Morris Island in Charleston Harbor sufficient for the erection of a shore line of a jetty for the improvement and deepening of the bar of Charleston Harbor, not exceeding fifteen hundred feet in length, measured on the high-water line, and two hundred feet in breadth, as located and selected from the land formerly owned by the State at the north end of Morris Island, together with the accretion on the water front of such land so granted, for the purposes aforesaid. And also such other quantity of land on Morris Island as may be needed for the shore line of the jetty aforesaid, belonging or formerly belonging to any person other than the State if and when such land has been conveyed by the owner thereof to the United States; provided a plat of all such lands be made and be deposited in the office of the Secretary of State Governor under the supervision and direction of the proper officer of the United States in charge of the jetties;
(13) Lands connecting Winyah Bay and Santee River. Such lands as may be required for the purpose of connecting Winyah Bay and Santee River in Georgetown County so as to facilitate commerce;
(14) Tracts in Charleston, Beaufort and Georgetown Counties for quarantine purposes. The right, title and interest of this State to, and the jurisdiction of this State over, the following described tracts of land and land covered by water, situated in the counties of Charleston, Beaufort and Georgetown, granted and ceded to the United States for the purposes of quarantine, to wit:
(a) A Tract of Land on James' Island and Buildings.-A tract of land on James' Island, Charleston Harbor, lying and being upon the easterly, southerly and westerly sides of the land belonging to the United State Government and known as the Fort Johnson Reservation, being ninety acres, more or less, and including the marshland and tide flats east and south of said Fort Johnson Reservation to low-water line and the buildings then on said ninety-acre tract;
(b) Quarantine Station at Georgetown.-The quarantine station at Georgetown, on South Island, entrance to Georgetown Harbor, consisting of five acres of land, more or less, a residence and outbuildings;
(c) Quarantine Station at Buzzard's Island, Beaufort County.-The quarantine station on Buzzard's Island, at the entrance of St. Helena Sound, consisting of ten acres, more or less, officers' quarters, two hospital buildings and quarters for crew;
(d) Quarantine Station at Parris Island, Beaufort County.-The quarantine station on Parris Island, Port Royal Sound, consisting of fifteen acres, more or less, an officer's residence, two hospitals and outbuildings; and
(15) Portion of Laurel Street in Columbia. That portion of Laurel Street in the city of Columbia that was being used on April 19 1943 for a recreational center by the United States."
SECTION 25. Section 3-5-10 of the 1976 Code is amended to read:
"Section 3-5-10. For the purpose of aiding in the construction and maintenance by the United States of the projects approved by Congress by the River and Harbor Act approved August 26, 1937 for the construction of the intracoastal waterway from the Cape Fear River, North Carolina, to the Savannah River, Georgia (Rivers and Harbors Committee Document No. 6, 75th Congress, first session), of the Ashley River, South Carolina, project (House Document No. 449, 74th Congress, second session) and of the Shipyard River, South Carolina, project (Rivers and Harbors Committee Document No. 38, 75th Congress, first session) and any changes, modifications or extensions thereto and any tributaries thereof, the Governor and the Secretary of State may issue to the United States of America a grant or grants of a perpetual right and easement to enter upon, excavate, cut away and remove any and all of the land, including submerged lands, composing a part of the prism required for the channels, anchorage areas and turning basin, and their slopes and berms, as may be required at any time for construction and maintenance of said intracoastal waterway from Winyah Bay, South Carolina, to the State boundary line in the Savannah River and any changes, modifications or extensions thereto and any tributaries thereof and for said Ashley River and Shipyard River projects and to maintain the portions so excavated and the channels, anchorage areas and turning basin thereby created as a part of the navigable waters of the United States and a further perpetual right and easement to enter upon, occupy and use any portion of the land, including submerged land, composing a part of the spoil disposal area not so cut away and converted into public navigable waters as aforesaid, for the deposit of dredged material and for such other purposes as may be needful in the construction, maintenance and improvement of said intracoastal waterway and any changes, modifications or extensions thereto and any tributaries thereof and of the Ashley River and Shipyard River projects, in so far as such lands, including submerged lands, are subject to grant by the State, such grant to issue upon a certificate showing the location and description of such rights of way and spoil disposal areas furnished to the Governor by the Secretary of the Army, any authorized officer of the Corps of Engineers of the United States Army or any other authorized official exercising control over the construction or maintenance of such projects."
SECTION 26. Section 3-5-30 of the 1976 Code is amended to read:
"Section 3-5-30. The Governor and Secretary of State may issue to the United States of America a grant or grants within such limits as above specified of a perpetual right and easement to enter upon, excavate, cut away and remove any and all of the land raised above water as mentioned in Section 3-5-20, including submerged land, composing a part of the prism required for the channels, anchorage areas and turning basin, their slopes and berms, as may be required at any time for the construction and maintenance of said intracoastal waterway from Winyah Bay, South Carolina, to the State boundary line in the Savannah River and any changes, modifications or extensions thereto and any tributaries thereof and for the Ashley River and Shipyard River projects and to maintain the portions so excavated and the channels, anchorage areas and turning basin thereby created as a part of the navigable waters of the United States and a further perpetual right and easement to enter upon, occupy and use any portion of such land, including submerged land, composing a part of the spoil disposal areas not so cut away and converted into public navigable waters, as aforesaid, for the deposit of dredged material and for such other purposes as may be needful in the construction, maintenance and improvement of such intracoastal waterway and any changes, modifications or extensions thereto and any tributaries thereof and the Ashley River and Shipyard River projects, the grant or grants to issue upon a certificate furnished to the Governor by some authorized official of the United States as provided in Section 3-5-10."
SECTION 27. Section 3-5-40 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 3-5-40. If the title to any part of the lands, including submerged lands, property or property rights, required by the United States Government for the construction and maintenance of the aforesaid intracoastal waterway from Winyah Bay, South Carolina, to the State boundary line in the Savannah River and any changes, modifications or extensions thereto and any tributaries thereof, and the Ashley River and Shipyard River projects shall be in any private person, firm or corporation, telephone or telegraph company or other public service corporation or shall have been donated or condemned for public or public service purposes by any political subdivision of this State or any public service corporation, the South Carolina Department of Health and Environmental Control may, acting for and in behalf of the State, secure the above described rights of way and spoil disposal areas for such intracoastal waterway and all its tributaries and for the Ashley River and Shipyard River projects upon, across and through such lands, including submerged lands, or any part thereof, including oyster beds, telephone and telegraph lines, railroad lines, property of other public service corporations and other property and property rights, by purchase, donation or otherwise, through agreement with the owner when possible. And when any such easement or property is thus acquired the Governor and the Secretary of State shall execute a deed for it to the United States."
SECTION 28. Section 3-5-310 of the 1976 Code is amended to read:
"Section 3-5-310. For the purpose of aiding in the construction of the proposed inland waterway by the United States from the North Carolina-South Carolina State line at Little River to Winyah Bay the Governor and the Secretary of State may issue to the United States of America a grant to the land located within said inland waterway right of way of a width of one thousand feet when the land does not exceed eight feet in elevation above mean low water, with increased widths approximately in proportion to the quantity of excavation required as the elevation of the land increases until a maximum of one thousand seven hundred and fifty feet is reached when the ground elevation is thirty feet or more above mean low water, in so far as such land is subject to grant by the State, such grant to issue upon a certificate showing the location and description of such right of way furnished to the Governor by the Secretary of the Army or by an authorized officer of the Corps of Engineers of the United States Army or by any other authorized official exercising control over the construction of said waterway. Whenever in the construction of such inland waterway within this State lands theretofore submerged shall be raised above the water by the deposit of excavated material, the lands so formed shall become the property of the United States if within the limits of such inland waterway right of way and the Governor and the Secretary of State may issue to the United States of America a grant to the land so formed within such limits as above specified, the grant to issue upon a certificate furnished to the Governor by some authorized official of the United States as above provided."
SECTION 29. Section 3-5-320 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 3-5-320. If the title to any part of the lands required by the United States Government for the construction of the aforesaid inland waterway from the North Carolina-South Carolina State line at Little River to Winyah Bay shall be in any private person, company, firm or corporation, railroad company, canal company, telephone or telegraph company or other public service corporation or shall have been donated or condemned for any such use by any political subdivision of this State, the Department of Health and Environmental Control may, acting for and in behalf of the State, secure a right of way of the width aforesaid for such inland waterway upon, across and through such lands or any part thereof by purchase, donation or otherwise, through agreement with the owner when possible, and when any such property is thus acquired the Governor and the Secretary of State shall execute a deed for it to the United States."
SECTION 30. Section 3-5-330 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 3-5-330. If for any reason the Department of Health and Environmental Control is unable to secure the right-of-way upon, across, or through the property by voluntary agreement with the owner, the Department of Health and Environmental Control acting for the State, may condemn the right-of-way. The Governor and the Secretary of State shall promptly execute a deed for the condemned property to the United States."
SECTION 31. Section 4-3-330 of the 1976 Code is amended to read:
"Section 4-3-330. Kershaw County is bounded on the southeast by Lee and Sumter Counties from which it is divided by a line beginning at Spivey's Ferry on Lynch's River and extending along the Lee County line to the point where the line between Lee County and Sumter County meets the line of Kershaw County; thence in a southwest direction along the Sumter County line to the Wateree River; on the southwest by Richland County, from which it is divided by a line beginning at the Wateree River, opposite to the last-mentioned point, and running S. 66_ W. or by Raglin's Creek to Speer's Creek; thence up Raglin's Creek to its head; thence by a straight line N. 40.75_ W. 10 miles 17 chains; thence N. 56.5_ W. 1 mile 14 chains to a point over Rice Creek on Peay's plantation, nearly half a mile above the fork of Twenty-five Mile Creek; on the west by Fairfield County, from which it is separated by a line drawn from the last-mentioned point N. 18.25_ E. 23 miles 14 chains or until it intersects the Wateree River and up said river 1 /2 mile above Peay's Ferry; on the northwest and north by Lancaster County from which it is divided by the following lines: beginning at a point on Catawba River 1 /2 mile above Peay's Ferry, thence N. 54_ E. 9 miles 62 chains to stone corner near Russell Place; thence N. 74_ E. 1 mile 37 chains and 50 links to corner at Hammond's Springs 75 feet left; thence N. 48_ E. 2 miles 63 chains to stone corner near Hanging Rock Bridge; thence south along the Salisbury Road 4 miles 16 chains to corner near Bethel Church; thence N. 66_ E. 14 miles 76 chains 16 links to Lynch's River, separating Chesterfield from Kershaw and Lancaster Counties; on the northeast by Chesterfield and Darlington Counties, from which it is separated by Lynch's River down to the place of beginning, less the following territory transferred to Lee County by act of the General Assembly approved March 7 1921, to wit: commencing at that point on the McCullum public road from Bishopville to Camden, west of Marshall's just where the present boundary line between Lee and Kershaw Counties enters said road; thence a northerly direction to a point where the lands now or formerly owned by Joseph Radcliffe, D. L. Johnson and Richard Cullum corner; thence in a northeasterly direction to Neil's crossing on Thickhead Swamp; thence in a northeasterly direction along the boundary line between lands now or formerly owned by M. H. Pate and Wesley McCaskill to neighborhood road leading from the McCullum road by residence of Wesley McCaskill; thence in a northerly direction along said road to the point where the land now or formerly owned by J. S. Tisdale corners with the land now or formerly belonging to the estate of Bullock; thence in a northeasterly direction along the boundary line between said lands of estate of Bullock and lands now or formerly owned by J. S. Tisdale and between lands now or formerly belonging to J. J. Self and Wiley Hatfield to neighborhood road, known as Riley's old road; thence with the said road in a northeasterly direction to the intersection of Lee County and Kershaw County boundary lines; thence with the Lee County line back to the beginning point. To the above-described area of Kershaw County is to be added that territory transferred from Lee County by act approved March 5 1925, to wit: all that small portion of Lee County containing one thousand and seventeen acres, or one and 58 /100 square miles, as shown by plat thereof on file in the office of the Secretary of State Governor, executed by H. W. Shaw and A. B. Boykin, surveyors, dated June 25 and 26 1924, that is to say, that body of land which lies between the lines heretofore dividing the said two counties, and the line represented on said plat as beginning at Harbord Branch where the line between the said two counties crosses said branch running thence S. 41_ E. 3319 feet; thence 27_ 30' E. 1025 feet; thence S. 79_ W. 2530 feet; thence S. 1_ W. 5147.09 feet; thence S. 8_ 15' E. 3288 feet; thence S. 33_ W. 8225 feet; thence N. 78_ 30' W., to the Three Notch Road, be and the same is hereby annexed to Kershaw County, and the lines heretofore dividing the said two counties are altered accordingly."
SECTION 32. Section 4-3-360 of the 1976 Code is amended to read:
"Section 4-3-360. Lee County is bounded as follows: beginning at Field's Bridge on Lynch's River and running down said river a distance of thirteen miles, leaving said river back of Irby Truluck's plantation and crossing the Lynchburg and Lake City Road between the places now or formerly belonging to Bob Welsh and Dr. Miller a course S. 28_ W. 3.25 miles striking a new road; thence S. 80_ W. 2.75 miles to the Pudding Swamp Road at the land now or formerly T. L. Kirkpatrick's; thence S. 65_ W. crossing Raccoon Road at the place now or formerly Sam Wilson's 5.75 miles to Scottsville; thence from Scottsville S. 76.25_ W. .75 of a mile to Black River; thence up Black River, in Sumter County, 3.75 miles to Witherspoon Crossing; thence S. 80_ W. to Scape O'er Swamp; thence up said swamp 2 5 /8 miles to the C. S. & N. R. R. Crossing; thence N. 80_ W. to a pine on the old dividing line between Lee and Sumter Counties on the west side of the public road leading from Oswego to DuBose's Cross Roads, and at a distance of .4 of a mile from the center of said public road; and running thence N. 16_ 27' W. 1.74 miles to a point in the center of said public road leading from Oswego to DuBose's Cross Roads about opposite the dwelling of Mrs. Martin; thence along the center of said public road for a distance of 1.27 miles to DuBose's Cross Roads; thence N. 61_ 10' W. along the center of the road leading to Herriott's Cross Roads, a distance of .3 of a mile; thence S. 87_ 35' W. a distance of 3.23 miles to the bridge at the main run of Open Branch on the road leading to Bradford's Springs; thence S. 63_ 20' W. a distance of 1.11 miles to a point in field now or formerly Stanyarne Burrow's; thence S. 43_ 50' W. to the intersection with the line between Lee and Sumter Counties; thence N. 62_ 5.37 miles to a point in Bradley's field near the Kershaw County line; thence due north 1.87 miles to Kershaw County line; thence down said line 2.62 miles to Reynold's Mill; thence following the Three Notch Road, in Kershaw County, a distance of 3 miles to Antioch schoolhouse; thence N. 50_ E. 1.25 miles; thence due north 1.75 miles to the Camden Road; thence following said road a distance of 4.75 miles to Harrison Hall Mill; thence in an eastern direction 1.87 miles to the old Georgetown Road; thence up said road to near the head of Turkey Creek; thence in a northern line to the Camden Road leading from Kelly's Bridge on Lynch's River to Camden; thence down said road to the Holland Ditch; thence up said ditch .75 of a mile to a corner of plantation now or formerly belonging to Edmond Tiller; thence 63_ E. crossing the Mecklenburg Road near the house now or formerly occupied by Whitfield Gardner to Lynch's River south of the place now or formerly Dr. Norwood's 3.37 miles; thence down said river a distance of 3 miles near Kelly's Bridge, .25 of a mile south of said bridge; thence N. 42_ E. 3 miles to Ashland Methodist Church; thence N. 22_ E. crossing the Chesterfield road between the property now or formerly belonging to J. E. Woodham and the property now or formerly J. W. Gardner's 2.62 miles to Stuckey's gate on the old State road; thence down said road .75 of a mile; thence due south 2.62 miles to Liberty Hill Church at the head of Sparrow Swamp; thence down Sparrow Swamp to a point in the Marco Mill Pond, near the property now or formerly owned by B. A. Howls; thence in Cypress township S. 28_ E. 1.5 miles to Long Branch; thence up said Branch .25 of a mile; thence S. 28_ E. 1 1 /8 miles to Screeches Branch; thence due south 3 miles to the Lamar township line; thence following said line to the beginning corner, and in addition the following territory transferred from Kershaw County by act of the General Assembly, approved March 7 1921, to wit: commencing at that point on the McCullum public road from Bishopville to Camden, west of Marshall's church, where the present boundary line between Lee and Kershaw Counties enters said road, thence a northern direction to the point where the land now or formerly owned by Joseph Radcliffe, D. L. Johnson and Richard Outlaw corner; thence in a northeasterly direction to Neil's Crossing on Thickhead Swamp; thence in a northeasterly direction along the boundary line between land now or formerly owned by M. H. Pate and Wesley McCaskill to neighborhood road leading from the McCullum road by residence now or formerly occupied by Wesley McCaskill; thence in a northerly direction along said road to the point where the land now or formerly owned by J. S. Tisdale corners with the land now or formerly belonging to the estate of Bullock; thence in a northeasterly direction along the boundary line between said lands of estate of Bullock and land of J. S. Tisdale and between land now or formerly owned by J. J. Self and land now or formerly owned by Wiley Hatfield to neighborhood road known as the Riley Hall road; thence with the said road in a northeasterly direction to the intersection of the Lee County and Kershaw County boundary line; thence with the Lee County line back to the beginning point, containing by survey 4.24 square miles. Less, however, that territory transferred to Kershaw County by act approved March 5 1925, to wit: all that small portion of Lee County containing 1017 acres, or 1.58 square miles, as shown by plat thereof on file in the office of the Secretary of State Governor executed by H. W. Shaw and A. B. Boykin, surveyors, dated June 25 and 26 1924, that is to say, that body of land which lies between the lines heretofore dividing said two counties, and the line represented on said plat as beginning at Harbord Branch where the line between the said two counties crosses said branch running thence S. 41_ E. 3319 feet; thence 27_ 30' E. 1025 feet; thence S. 79_ W. 2530 feet; thence S. 1_ W. 5147.09 feet; thence S. 8_ 15' E. 3288 feet; thence S. 33_ W. 8225 feet; thence N. 78_ 30' W. to the Three Notch Road, be and the same is hereby annexed to Kershaw County, and the lines heretofore dividing the said two counties are altered accordingly."
SECTION 33. Section 4-3-370 of the 1976 Code is amended to read:
"Section 4-3-370. Lexington County is bounded on the northeast and east by Richland County; on the southeast by Orangeburg and Calhoun Counties, from which it is divided by Beaver Creek; on the Southwest by Aiken County, from which it is separated by the north fork of the Edisto River to the mouth of the southern branch of Chinquepin Falls Creek and then by said creek to a point where it intersects the line drawn from Silver Bluff, on the Savannah River, to the mouth of Rocky Creek, on Saluda River; on the northwest by Saluda County, from which it is separated by a line drawn from Silver Bluff, on Savannah River, to the mouth of Rocky Creek, on the Saluda River; and by Newberry County, from which it is separated by a line beginning at a point in Broad River, on the Fairfield-Lexington County line, about .25 of a mile below Peak, and running thence S. 40_ W. to a point on the west bank of Broad River; thence S. 40_ W. 1956 feet to an oak; thence S. 46_ 40' W. 2410 feet to a stone on the public road; thence S. 41_ W. 1143 feet to a stake; thence S. 32_ 30' W. 9568 feet to a stake on a branch; thence down the run of the branch to a stake; thence S. 45_ W. 575 feet to a stake; thence N. 86_ 30' W. 3782 feet to a pine; thence S. 26_ 30' W. 3650 feet to a stake; thence S. 53_ 30' W. 4990 feet to a point on the Columbia, Newberry and Laurens Railroad; thence S. 73_ 30' W. 2613 feet to a maple in a branch; thence S. 68_ 30' W. 2180 feet to a stake near a negro church; thence N. 77_ 30' W. 5577 feet to a stake just west of the public road, near Little Mountain; thence S. 28_ W. 20850 feet to Camping Creek, near the mouth of Stevens Creek; thence up the run of Camping Creek to the old Newberry-Lexington County line; thence southwesterly with the old Newberry-Lexington County line to Saluda County on Broad River. Less however, that territory transferred to Richland County by act approved March 11 1922, to wit: all that certain piece of land containing 8900 acres, or 14 square miles, situate in the northeastern part of Lexington County on the Broad River, and being bounded and delineated as follows, to wit: beginning at a point on said Broad River, and running S. 41_ W. 82.51 chains to a stake, thence turning and running S. 32.5_ W. 160.65 chains to a stake, thence running along a creek which empties into Wateree Creek 42.24 chains to a stake, thence running to the point where said creek joins Wateree Creek 71.51 chains, thence running along said Wateree Creek 94 chains, thence turning and running S. 23_ E. 142.50 chains to a point in Slice Creek known as Rocky Ford, thence turning and running northerly along Slice Creek 164 chains, thence turning and running easterly along Wateree Creek 305.00 chains to the point of entrance of Wateree Creek and Broad River, thence turning and running in a northwesterly direction along Broad River 410 chains, said piece of land being bounded on the west by Newberry County, on the south and southwest by Lexington County, on the south by Richland County, and on the east and north by the Broad River, being more particularly known as the plat of said property, completed on November 25 1921, by W. A. Counts and J. C. Wessinger, surveyors, said plat being filed in the office of the Secretary of State Governor. And less that territory transferred to Newberry County by act approved May 12 1953, to wit: all of that certain territory or portion of Lexington County embraced within the following lines and boundaries, to wit: beginning at a point of the intersection of Lexington County-Saluda County-Newberry County lines at Saluda River; thence N. 22_ 30' E. 17710 feet to Camping Creek; thence in a general southeastern direction along Camping Creek to confluence of Saluda River; thence in a northwesterly direction along Saluda River to point of beginning, being more particularly lined and described on a plat of said territory by the Columbia Engineering Company, completed November 1 1952, said plat being filed in the office of the Secretary of State Governor."
SECTION 34. Section 4-3-410 of the 1976 Code is amended to read:
"Section 4-3-410. Newberry County is bounded as follows: on the northwest by Laurens County from which it is separated by line beginning at Island Ford on Saluda River and running thence along the old road to O'Dell's Ford on Enoree River; on the north by a line commencing at O'Dell's Ford on Enoree River and running thence down Enoree River to Anderson's Ford; thence along the road to Hill's Ferry on Tyger River; thence down the same to the mouth; thence down Broad River to a point on the Fairfield-Lexington County line about one fourth of a mile below Peak, and running thence S. 40_ W. to a point on the west bank of Broad River; thence S. 40_ W. 1956 feet to an oak; thence S. 46_ 40' W. 2410 feet to a stone in the public road; thence S. 41_ W. 1143 feet to a stake; thence S. 32_ 30' W. 95.68 feet to a stake on a branch; thence down the run of the branch to a stake; thence S. 55_ W. 575 feet to a stake; thence N. 86_ 30' W. 3782 feet to a pine; thence S. 26_ 30' W. 3650 feet to a stake; thence S. 50_ 30' W. 4940 feet to a point on the Columbia, Newberry and Laurens Railroad; thence S. 73_ 30' W. 2613 feet to a maple in a branch; thence S. 68_ 30' W. 2180 feet to a stake near a negro church; thence N. 77_ 30' W. 5577 feet to a stake, just west of the public road near Little Mountain; thence S. 28_ W. 2850 feet to Camping Creek near the mouth of Stevens' Creek; thence up the run of Camping Creek to the old Newberry-Lexington County line; thence with the old Lexington-Newberry County line to the Saluda River; and on the southwest by the Saluda River, which separates it from Saluda and Greenwood Counties. To the above-described area of Newberry County is to be added all that territory transferred from Lexington County by act approved May 12 1953, to wit: all of that certain territory or portion of Lexington County embraced within the following lines and boundaries, to wit: beginning at a point of the intersection of Lexington County-Saluda County-Newberry County lines at Saluda River; thence N. 22_ 30' E. 17710 feet to Camping Creek; thence in a general southeastern direction along Camping Creek to confluence of Saluda River; thence in a northwesterly direction along Saluda River to point of beginning, being more particularly lined and described on a plat of said territory by the Columbia Engineering Company, completed November 1 1952, said plat being filed in the office of the Secretary of State Governor."
SECTION 35. Section 4-3-460 of the 1976 Code is amended to read:
"Section 4-3-460. Richland County is bounded on the north by Fairfield County, from which it is separated by new boundary lines set forth and specifically described in the location and boundary of Fairfield County; on the east by Kershaw County and Sumter County from which it is separated by the Wateree River; on the south by Calhoun County; on the west by Lexington County, from which it is separated by a line beginning on the Congaree River where the counties of Lexington and Richland meet on the southern division thereof, and running thence with the Congaree River to where the confluence of the Broad and Saluda Rivers unite to form the Congaree, and following the thread of Saluda River about two and one-half miles to a concrete boundary marker; thence in a northwesterly direction upon the circumference of a circle having Lexington courthouse as its center, with a radius of not less than eight miles and a deflection of 1_ 21' for every one thousand feet, to a concrete boundary marker on the eastern boundary line of the town of Irmo; thence along the boundary line of the town of Irmo to the northeast corner of the town; thence west along the northern boundary of the town of Irmo 2,260 feet to a stake located thereon; thence along the circumference of the circle first described 11,360 feet to a stake; then N. 42_ 30' W. 878 feet; thence west 5,000 feet to a stake; thence S. 85_ W. 5,000 feet to a stake; thence S. 80_ W. 5,541 feet to a stake; thence N. 37_ 28' W. 10,618 feet to a stake; thence S. 85_ W. 750 feet to a pine; thence N. 34_ 45' W. 10,491 feet to a stake; thence N. 22_ E. 914 feet to a stake; thence N. 37_ 5' W. 1,313 feet to a stake; thence N. 13_ 45' E. 2,597 feet to a stake; thence N. 56_ 35' E. 3,920 feet to a point on Rocky Ford on Wateree Creek; thence north, northeast and east along the Wateree Creek to where it empties into Broad River. To the above-described area of Richland County is to be added all that territory transferred from Lexington County by act approved March 11 1922, to wit: all that certain piece of land containing 8,900 acres, or 14 square miles, situate in the northeastern part of Lexington County on the Broad River, and being bounded and delineated as follows, to wit: beginning at a point on the Broad River, and running S. 41_ W. 82.51 chains to a stake; thence turning and running S. 32.5_ W. 160.65 chains to a stake; thence running along a creek which empties into Wateree Creek 42.24 chains to a stake; thence running to the point where said creek joins Wateree Creek 71.51 chains; thence running along Wateree Creek 94 chains; thence turning and running S. 23_ E. 142.50 chains to a point in Slice Creek known as Rocky Ford; thence turning and running northerly along Slice Creek 164 chains; thence turning and running easterly along Wateree Creek 305.00 chains to the point of entrance of Wateree Creek and Broad River; thence turning and running in a northwesterly direction along Broad River 410 chains, said piece of land being bounded on the west by Newberry County, on the south and southwest by Lexington County, on the south by Richland County, and on the east and north by the Broad River, being more particularly known as the plat of said property, completed on November 25 1921, by W.A. Counts and J.C. Wessinger, surveyors, said plat being filed in the office of the Secretary of State Governor."
SECTION 36. Section 4-3-490 of the 1976 Code is amended to read:
"Section 4-3-490. Sumter County is bounded as follows: on the north by Kershaw, Lee and Florence Counties; on the east by Florence County; on the south by Clarendon County, from which it is separated by the northwestern line of Clarendon County mentioned in Section 4-3-140 defining boundaries of Clarendon County; on the west by the Santee River, which separates it from Richland County; on the northwest by Kershaw County, from which it is separated by a line running up Raglin's Gut to Big Swift Creek and in addition the following territory transferred from Clarendon County by act of the General Assembly, approved March 7 1921, to wit: commencing at a point on the Sumter County line and running due south 1.42 miles to an oak at the intersection of the public road leading from Paxville to Pinewood with the road leading from Paxville to Broadways siding; then S. 9_ 30' E. 1.52 miles to the center of the Curtis Mill dam; then S. 1_ 20' E. 2.36 miles to the intersection of the run of Hungary Hall Branch with the run of Des Champs Branch; then following the run of Des Champs Branch to the intersection of said run with the public road leading from Panola to Calvary Church; then S. 78_ 2.93 miles to intersection with the line of School District No. 1; then S. 2_ 30' W. 2.49 miles to intersection with the boundary between Big Home, Hickory Hill and Elmwood plantation or to intersection with a projection of said boundary line; then S. 39_ W. 4000 feet, then N. 47_ W. 817 feet; then in a southwest direction to Santee River; then in a northwest direction up the Santee River to a point where the same intersects the Sumter County line, then eastwardly along the Sumter line to the beginning point. The metes and bounds and location and lines are more accurately set forth on plat bearing date July 16 1920, made by Theodore C. Hamby, William Weston and Lindley Arthur, filed in the office of the Secretary of State Governor. The territory to be taken from Clarendon County to be added to and to be incorporated into Sumter County contains, by actual survey, 93.50 square miles; less, however, that territory transferred to Clarendon County by act approved March 11 1922, to wit: all that certain territory or portion of Sumter County embraced within the following lines and boundaries, to wit: beginning at a point on Santee River 72 feet northwest of the center of the Atlantic Coast Line Railroad running from Sumter to Orangeburg, running N. 46_ 50' E. for a distance of 9521 feet parallel to railroad; thence N. 41_ 2' E. for a distance 5658 feet to a point 72 feet west of center of railroad; thence N. 16_ E. for a distance of 7257 feet, parallel to railroad; thence N. 26_ 50' E. for a distance of 8650 feet to a point 72 feet northwest of railroad; thence S. 87_ E. for a distance of 6864 feet; thence N. 12_ 30' E. for a distance of 8840 feet; thence N. 87_ 30' E. for a distance of 5920 feet; thence S. 15_ 30' E. for a distance of 5430 feet; thence S. 65_ W. for a distance of 2370 feet; thence S. 9_ W. for a distance of 3432 feet; thence N. 85_ E. for a distance of 13200 feet; thence S. 1_ 20' E. for a distance of 10479 feet to the intersection of Hungary Hall Branch and Des Champs Branch; thence up the run of Des Champs Branch in a southwesterly direction to the public road; thence S. 78_ W. for a distance of 16390 feet; thence S. 2_ 30' W. for a distance of 13200 feet; thence S. 39_ W. for a distance of 4000 feet; thence N. 47_ W. for a distance of 817 feet; thence S. 42_ W. for a distance of 2248 feet; thence S. 40_ W. for a distance of 2280 feet; thence S. 37_ 30' W. for a distance of 13268 feet to a point on Santee River; thence up Santee River to the beginning point 72 feet northwest of railroad."
SECTION 37. Section 4-5-150 of 1976 Code is amended to read:
"Section 4-5-150. Certified plats of such line shall be filed with the Secretary of State Budget and Control Board, Office of Research and Statistics and with the respective clerks of court of each county affected thereby and a deposit of an amount of money sufficient to cover expenses of survey and plats and other necessary expenses including advertising shall be made with the treasurer of the county whose territory is proposed to be reduced by those requesting or petitioning for the change of line."
SECTION 38. Section 4-5-190 of the 1976 Code, as last amended by Act 520 of 1988, is further amended to read:
"Section 4-5-190. Except as provided for in Section 4-5-170(B), the commissioners of elections for the county from which the area is proposed to be transferred shall canvass the returns of the managers of each precinct in the area seeking annexation in their county as the returns are canvassed in general elections and shall certify the results of the canvassing in a tabulated statement of the vote at each precinct to the Secretary of State State Election Commission who shall transmit a tabulated statement of the vote at each precinct of the county to the Senate and House of Representatives at its next session."
SECTION 39. Section 4-5-200 of the 1976 Code, as last amended by Act 520 of 1988, is further amended to read:
"Section 4-5-200. Except as provided in Section 4-5-170(B), the commissioners of election for the county to which the area is proposed to be transferred shall canvass the returns of the managers of each voting place in the county as the returns are canvassed in the general elections and shall certify the results of the canvass in a tabulated statement of the vote at each polling place to the Secretary of State State Election Commission who shall transmit a tabulated statement of the vote at each polling place to the General Assembly for action as provided for in Section 4-5-220."
SECTION 40. Section 4-7-110 of the 1976 Code is amended to read:
"Section 4-7-110. The commissioners of election for each old county proposed to be cut shall canvass the returns of the managers of each precinct in their county at which such election has been held, as such returns in general elections in this State are canvassed, and shall certify the result thereof in a tabulated statement of the vote at each precinct to the Secretary of State State Election Commission who shall transmit a tabulated statement of the vote at each precinct of an old county proposed to be cut off to both branches of the General Assembly at its next session."
SECTION 41. Section 4-8-100 of the 1976 Code, as last amended by Act 319 of 1992, is further amended to read:
"Section 4-8-100. Whenever a charter for the consolidation of any county and the municipalities and other political subdivisions within the county has been adopted, the county governing body shall furnish a certified copy of the charter with returns of the special election provided for in this chapter to the Secretary of State Governor. The Secretary of State Governor shall issue his proclamation showing and declaring the results of the election on the adoption of the proposed charter. One copy of the proclamation must be attached to a copy of the charter certified to the Secretary of State Governor and one copy must be delivered to the clerk of the governing body of the county and the clerks of the governing bodies of the respective municipalities of the county."
SECTION 42. Section 4-9-10 of the 1976 Code is amended to read:
"Section 4-9-10. (a) Each county, after at least two public hearings which shall have been advertised in a newspaper of general circulation in the county and wherein the alternate forms of government provided for in this chapter are explained by the legislative delegation of the county, may prior to July 1, 1976, conduct a referendum to determine the wishes of the qualified electors as to the form of government to be selected or become subject to the provisions of subsection (b) of this section. The referendum may be called by an act of the General Assembly, resolution of the governing body, or upon petition of not less than ten percent of the registered electors of the county. The referendum shall be conducted by the county election commission. The question submitted shall be framed by the authority calling for the referendum and when called by petition such petition shall state the question to be proposed. All alternate forms of government provided for in this chapter shall appear on the ballot and unless one form receives a majority favorable vote in the initial referendum, a second or runoff referendum shall be held two weeks after the first referendum at which time the two forms which received the highest number of votes shall again be submitted to the qualified electors for final selection of the form to be adopted. A referendum may also be called to determine the wishes of the registered electors as to the question of whether the members of the governing body of the county shall be elected from defined single member election districts or at large from the county. Such referendum may be called by an act of the General Assembly, resolution of the governing body of the county or by petition of not less than ten percent of the registered electors. The governing body shall by resolution provide for adoption of the form of government selected in the referendum, which shall be filed in the office of the Secretary of State Governor and be effective immediately upon such filing. All resolutions which adopt a form of county government shall be printed in the Code of Laws of South Carolina and remain a part thereof until amended or repealed. The General Assembly shall provide for the number of councilmen or commissioners. In the event that the members of the governing body are required to be elected from defined single member election districts, the General Assembly shall provide for the composition of such districts.
(b) Notwithstanding any other provisions of this chapter, unless otherwise determined by referendum prior to July 1, 1976, the county concerned shall, beginning on that date, have the form of government including the method of election, number, composition and terms of the governing body most nearly corresponding to the form in effect in the county immediately prior to that date, which the General Assembly hereby determines to be as follows:
For the counties of Abbeville, Allendale, Barnwell, Calhoun, Dillon, Georgetown, Greenwood, Horry, Laurens, Oconee and Saluda, the council form of government as prescribed in Article 3 of this chapter.
For the counties of Anderson, Bamberg, McCormick, Union and York, the council-supervisor form of government as prescribed in Article 5 of this chapter.
For the counties of Aiken, Beaufort, Charleston, Cherokee, Chester, Chesterfield, Clarendon, Darlington, Dorchester, Edgefield, Fairfield, Florence, Greenville, Hampton, Jasper, Kershaw, Lee, Lancaster, Lexington, Newberry, Pickens, Richland, Spartanburg and Sumter the council-administrator form of government as prescribed in Article 7 of this chapter.
For the counties of Berkeley, Colleton, Marion, Orangeburg, Marlboro and Williamsburg, the county board of commissioners form of government as prescribed in Article 11 of this chapter.
For those counties in which the county governing body, immediately prior to June 25, 1975, was appointed rather than elected, the members of the governing body shall be required to be elected from defined single member election districts, unless otherwise determined by a valid referendum prior to July 1, 1976. For the purpose of this section, such referendum shall be deemed valid unless declared to be in violation of state or federal law by a court of competent jurisdiction.
(c) After the initial form of government and the number and method of election of county council including the chairman has been adopted and selected, the adopted form, number, and method of election shall not be changed for a period of two years from the date such form becomes effective and then only as a result of a referendum as hereinafter provided for. Referendums may be called by the governing body or upon petition of not less than ten percent of the registered electors of the county. Petitions shall be certified as valid or rejected by the county board of registration within sixty days after they have been delivered to the board and, if certified, shall be filed with the governing body which shall provide for a referendum not more than ninety days thereafter. If more than one petition is filed within the time allowed for such filing, the petition bearing the largest number of signatures of registered electors shall be the proposal presented, in the manner set forth hereinafter. Referendums shall be conducted by the county election commissioner and may be held in a general election or in a special election as determined by the governing body. No change to an alternate form of government, different number of council members, or method of election of council including the chairman as a result of a referendum shall become effective unless such proposed form receives a favorable vote of a majority of those persons voting in a referendum. In any referendum, the question voted upon, whether it be to change the form of government, number of council members, or methods of election, shall give the qualified electors an alternative to retain the existing form of government, number of council members, or method of election or change to one other designated form, number, or method of election. After a referendum has been held and whether or not a change in the form results therefrom, no additional referendums shall be held for a period of four years.
If the governing body of the county as initially or subsequently established pursuant to a referendum or otherwise shall be declared to be illegal and not in compliance with state and federal law by a court of competent jurisdiction, the General Assembly shall have the right to prescribe the form of government, the method of election, and the number and terms of council members but may submit to the qualified electors by referendum a question as to their wishes with respect to any element thereof which question shall include as an option the method of election in effect at the time of the referendum.
(d) Notwithstanding any other provision of this section, the council-manager form of government as provided for in Article 9 of this chapter shall be adopted only after receiving a favorable referendum vote.
(e) All members of the governing bodies of the respective counties serving terms of office on the date on which a particular form of county government becomes effective shall continue to serve the terms for which they were elected or appointed and until their successors are elected or appointed and have qualified."
SECTION 43. Section 4-11-30 of the 1976 Code is amended to read:
"Section 4-11-30. In all cases in which the Governor is required to appoint any person to any position created by statute in any county of this State having a population of between 101,060 and 117,000, as shown by the United States census of 1930, upon the recommendation of a certain number or proportion of the county legislative delegation from such county or by a certain proportion of the House delegation and the Senator of such county, as the case may be, the Governor shall make such appointments within ten days from the date of the filing in his office of such recommendation signed by the requisite number of members of the House and Senate as may be required under the terms of the particular statute relating to that particular position. Upon the failure of the Governor to make any such appointment and certify the same immediately to the Secretary of State Governor within the time limit herein provided, such recommendation so signed and filed in the office of the Governor shall of itself, automatically as a matter of law, immediately operate as an effectual appointment of the person so recommended, having the same legal force and effect as though the Governor himself had made the appointment, and thereupon the Secretary of State Governor shall immediately, upon the expiration of said ten-day period, issue to the person so appointed a commission in the usual form showing such appointment and deliver it to the appointee, who shall upon production thereof be entitled to take over the office or other position to which he has been appointed, and any person in possession thereof shall forthwith surrender the same to him, together with all records and property relating thereto."
SECTION 44. Section 4-11-290 of the 1976 Code, as added by Act 516 of 1992, is amended to read:
"Section 4-11-290. (A) For purposes of this section, 'special purpose district' or 'district' means any district created by or pursuant to an act of the General Assembly before March 7, 1973, and to which has been committed before March 7, 1973, any governmental function, and includes those districts created by special legislation as well as those districts created by virtue of referenda held pursuant to general legislation.
(B) No special purpose district may be dissolved pursuant to this section if any one or more of the following conditions exists:
(1) the district is presently providing a governmental service within its boundaries;
(2) the district has outstanding general obligation indebtedness;
(3) the district has outstanding indebtedness payable from revenues derived from the provision of one or more governmental services; and
(a) the indebtedness has not been declared in default by or upon behalf of the holder of it, or
(b) a receiver has been appointed to manage the affairs of the district or application has been made for the appointment of a receiver; or
(4) the district has provided a governmental service within two years of the date of the petition and has formally budgeted funds to resume the provision of a governmental service within the present or succeeding fiscal year;
(5) the governing body of a county in which the district is located objects to the dissolution of the district.
(C) An individual residing or owning property within the boundaries of a special purpose district may petition the Secretary of State Attorney General to dissolve the district through the issuance of an order of dissolution.
(D) A petition for dissolution of a special purpose district must contain the following items:
(1) a description of the governmental services which the district is authorized by law to provide;
(2) a statement that the district is not presently providing any authorized governmental service;
(3) identification of the special legislation or the general legislation pursuant to which the district was created. If the district was created pursuant to general legislation, the petition must state the date upon which the approving referendum was held;
(4) a general description of the boundaries of the district. If the boundaries of the district have at any time been enlarged or diminished pursuant to general laws, the date or dates of the action must be stated;
(5) a statement of the reason or reasons for which dissolution of the district is sought.
(E) The petition must be filed with the clerk of court of each county in which the district is located, and a certified copy of the petition shall within ten days after that time be filed with the Secretary of State Attorney General.
(F) The Secretary of State Attorney General shall, upon receipt of a petition, commence proceedings as set forth in this subsection for the purpose of investigating the matters set forth in the petition and determining whether a district must be dissolved.
(1) Within twenty days of the receipt of a petition, the Secretary of State Attorney General shall serve upon the Governor, the State Treasurer, and the governing bodies of the county or counties in which the district is located a copy of the petition, together with a copy of the notice of review authorized by subsection (F)(2). The Governor, the State Treasurer, and the county governing bodies may comment upon the petition, or in the case of county governing bodies, interpose an objection to dissolution of the district, by serving a return to the petition setting forth the comments or grounds for the objection within forty days of the service of the petition.
(2) Within twenty days of the receipt of a petition, the Secretary of State Attorney General must have published in a newspaper of general circulation in each county in which the district is located once a week for three successive weeks a notice of review which must state:
(a) the name of the district and the boundaries of it;
(b) the statutory authorization for the existence of the district and a brief description of the governmental powers granted by the authorization;
(c) the date upon which the petition was received by the Secretary of State Attorney General;
(d) that the petition is available for inspection at the office of the clerks of court in each county in which the district is located;
(e) that the Secretary of State Attorney General is reviewing the matters set forth in the petition and may undertake to dissolve the district if the matters are found to be true;
(f) the names of the persons shown in the records of the Secretary of State Attorney General, or, in the case of a district with an elected governing body, the county election commission, who constitute the most recently appointed or elected governing body of the district. In the case of an appointed governing body, there also must be identified the official or officials charged with appointing the members of the governing body; and
(g) that persons wishing to comment upon the dissolution of the district may file a return to the petition within twenty days of the last publication of the notice.
(3) A copy of the petition and the notice of review must be served, in the manner provided by law for service of process upon individuals, upon the persons identified as members of the governing body of the district in subsection (F)(2)(f) and mailed to the last known address, if any, of the office of the governing body.
(G) Upon the expiration of the time periods set forth in subsections (F)(1) and (2), the filing of a return to the petition, the Secretary of State Attorney General shall determine whether the district must be dissolved. The district must be dissolved if the procedures established by this section have been met and if none of the conditions set forth in subsection (B) are found by the Secretary of State Attorney General to exist. The findings of the Secretary of State Attorney General must be published in an order of dissolution. The order of dissolution must state:
(1) the name of the district and the boundaries of it;
(2) the statutory authorization for the existence of the district and a brief description of the governmental powers granted by such authorization;
(3) the date upon which the petition was received by the Secretary of State Attorney General;
(4) that the petition has been served upon the Governor, the State Treasurer, and the governing bodies of each county in which the district is located;
(5) that the notice of review provided for by subsection (F)(2) was published once a week for three successive weeks in a newspaper of general circulation in each county in which the district is located;
(6) that the persons shown in the records of the Secretary of State Attorney General, or, in the case of a district with an elected governing body, the county election commission, who constitute the most recently appointed or elected governing body of the district, were served with a copy of the petition and the notice of review; and
(7) that the Secretary of State Attorney General has caused investigation to be made and has determined that the district must be dissolved pursuant to this act.
(H)(1) The order of dissolution must be filed in the office of the clerk of court in each county in which the district is located. The Secretary of State Attorney General shall have published once a week for three successive weeks in a newspaper of general circulation in each county in which the district is located a notice of dissolution, which must state:
(a) the date of the filing of the petition;
(b) the statutory authorization for the existence of the district and a brief description of the governmental powers granted by the authorization and the boundaries of the district;
(c) that the Secretary of State Attorney General has determined that the district must be dissolved pursuant to this section;
(d) that the order of dissolution is available for inspection in the office of clerk of court of each county in which the district is located; and
(e) that the order of dissolution will become final on the twenty-first day following the final publication of the notice of dissolution.
(2) The notice of dissolution also must be served upon the Governor and the State Treasurer in the manner provided by law for service of process upon individuals, upon the persons identified as members of the governing body of the district in subsection (F)(2)(f) and be mailed to the last known address, if any, of the office of such governing body.
(3) Any resident or landowner of the district, the Governor, the State Treasurer, or a county governing body may, by action de novo instituted in the court of common pleas in a county in which the district is located, within twenty days following the publication of the notice of dissolution, but not afterwards, challenge the action of the Secretary of State Attorney General. The scope of any action must be limited to the authorization of the Secretary of State Attorney General to issue the order of dissolution in accordance with the requirements of this chapter or of the Constitution of this State.
(I) In the event a district is located in more than one county and the Secretary of State Attorney General declines to issue an order of dissolution solely on the grounds that the governing bodies of one or more of such counties object to dissolution, the governing body of any county which does not object to dissolution is authorized to diminish the boundaries of the district so that it no longer includes any portion of that county. In diminishing the boundaries of a district, the governing body shall utilize the procedure set forth in Article 3, Chapter 11, Title 6. No consent or action by the governing bodies of other counties in which the district is located is required."
SECTION 45. Section 5-1-10 of the 1976 Code is amended to read:
"Section 5-1-10. All municipalities which have a certificate of incorporation issued by the Secretary of State Governor and all township governments which have heretofore been established by act of the General Assembly are hereby declared to be perpetual bodies, politic and corporate and are entitled to exercise all the powers and privileges and are subject to all the limitations and liabilities provided for municipal corporations in this State.
The incorporation or corporate capacity of any municipality or township government established heretofore by act of the General Assembly shall not be attacked in any court in this State except as hereinafter provided by statute."
SECTION 46. Section 5-1-30 of the 1976 Code, as last amended by Act 7 of 1991, is further amended to read:
"Section 5-1-30. Before issuing a corporate certificate to a proposed municipality, the Secretary of State Governor shall first determine:
(1) that the area seeking to be incorporated has a population density of at least three hundred persons a square mile according to the latest official United States Census;
(2) that no part of the area is within five miles of the boundary of an active incorporated municipality; and
(3) that an approved service feasibility study for the proposed municipality has been filed with and approved by the Secretary of State Governor.
When an area seeking incorporation has petitioned pursuant to Chapter 17 the nearest incorporated municipality to be annexed to the municipality, and has been refused annexation by the municipality for six months, or when the population of the area seeking incorporation exceeds fifteen thousand persons, then the provision of the five-mile limitation of this section does not apply to the area.
The five-mile limit does not apply when the boundaries of the area seeking incorporation are within five miles of the boundaries of two different incorporated municipalities in two separate counties other than the county within which the area seeking incorporation lies, and when the boundaries of the proposed municipality are more than five miles from the boundaries of the nearest incorporated municipality that lies within the same county within which the proposed municipality lies, and when the land area of the territory seeking incorporation exceeds one-fourth of the land area of the nearest incorporated municipality.
The population requirements do not apply to areas bordering on and being within two miles of the Atlantic Ocean and to all sea islands bounded on at least one side by the Atlantic Ocean, both of which have a minimum of one hundred fifty dwelling units and at least an average of one dwelling unit for each three acres of land within the area and for which petitions for incorporation contain the signatures of at least fifteen percent of the freeholders and fifty of the electors of the respective areas seeking incorporation. The freeholders and electors need not be all different persons.
This section does not apply to those areas which have petitioned to the Secretary of State before June 25, 1975, or which may be under adjudication in the courts of this State. The five-mile limit does not apply to counties with a population according to the latest official United States Census of less than fifty-one thousand."
SECTION 47. Section 5-1-40 of the 1976 Code is amended to read:
"Section 5-1-40. Except as otherwise provided by law, the citizens of any proposed municipality in this State, desiring to be incorporated, shall file with the Secretary of State Governor their petition for that purpose, setting out the corporate limits proposed for the municipality and the number of inhabitants therein and signed by fifty qualified electors thereof and fifteen percent of the freeholders who reside within the proposed municipality."
SECTION 48. Section 5-1-50 of the 1976 Code is amended to read:
"Section 5-1-50. After receipt of such a petition, the Secretary of State Governor shall then issue to three or more persons residing in the area of such proposed municipality, a commission empowering them to (a) hold an election not less than twenty days nor more than ninety days after the issuance of the commission, and (b) appoint three managers of election who shall conduct such election. Notice of the election shall be published in a newspaper of general circulation in the community [or] by posting in three public places within the area sought to be incorporated which shall contain detailed information concerning the election. The notice shall be published or posted not less than five nor more than fifteen days before the date of the election.
At such election, all registered electors living in the area sought to be incorporated shall be allowed to vote on the following questions: (a) incorporation; (b) name of the municipality; (c) the form of government; (d) method of election as prescribed in Section 5-15-20; (e) whether the election shall be partisan or nonpartisan; and (f) the terms of the mayor and council members. When any of the above questions proposed in an election contain more than two options, the option receiving the highest number of votes will prevail.
Provided, however, that when any community votes in favor of incorporation pursuant to this section and selects a form of government in such election, notwithstanding the results of the selections made by the voters as to questions (d), (e) and (f) above, the initial governing body of the incorporated municipality shall consist of four council members and a mayor, all elected at large in a nonpartisan election for terms of two years.
The managers of election shall conduct the election, unless otherwise provided for in this chapter, according to the general law governing the conduct of special elections mutatis mutandis."
SECTION 49. Section 5-1-70 of the 1976 Code is amended to read:
"Section 5-1-70. The commissioners shall certify the result of such election under oath to the Secretary of State Governor, and if the result is in favor of incorporation, the Secretary of State Governor shall issue a certificate of incorporation of such municipality and the municipality shall have all the privileges, powers and immunities and shall be subject to the limitations provided by law."
SECTION 50. Section 5-1-80 of the 1976 Code is amended to read:
"Section 5-1-80. Before any certificate of incorporation is delivered by the Secretary of State Governor, he shall require the production of a receipt from the State Treasurer for the payment of the incorporation fees as follows: (a) for municipalities with a population of one thousand or less, one hundred dollars; (b) for municipalities with a population between one thousand and five thousand, three hundred dollars; (c) for municipalities with a population over five thousand, six hundred dollars."
SECTION 51. Section 5-1-100 of the 1976 Code is amended to read:
"Section 5-1-100. Whenever it shall appear that a municipality has decreased in population since its incorporation to less than fifty inhabitants, the certificate of such municipality shall be automatically forfeited and void. Whenever a majority of the registered electors of any municipality shall file with the municipal council of such municipality a petition requesting the municipal certificate be surrendered, the council shall order an election to determine the question, at which election all qualified electors of the municipality shall be permitted to vote, and if two-thirds of those voting shall vote in favor of surrendering the certificate, the council shall certify the result to the Secretary of State Governor, who shall thereupon cancel the certificate theretofore issued to such municipality.
If the Secretary of State Governor shall determine that any previously incorporated municipality is neither performing municipal services nor collecting taxes or other revenues and has not held an election during the past four years, he shall cancel the certificate of such municipality."
SECTION 52. Section 5-3-90 of the 1976 Code, as last amended Section 59, Act 181 of 1993, is further amended to read:
"Section 5-3-90. Any city or town increasing its territory shall file a notice with the Secretary of State Governor, Department of Transportation, and the Department of Public Safety describing its new boundaries. Such notice shall include a written description of the boundary, along with a map or plat which clearly defines the new territory added."
SECTION 53. Section 5-3-280 of the 1976 Code is amended to read:
"Section 5-3-280. Whenever a petition is presented to a city or town council signed by a majority of the resident freeholders of the city or town asking for a reduction of the corporate limits of the city or town, the council shall order an election after not less than ten days' public advertisement. Such advertisement shall describe the territory that is proposed to be cut off. If a majority of the qualified electors vote at such election in favor of the release of the territory, then the council shall issue an ordinance declaring the territory no longer a portion of the city or town and shall so notify the Secretary of State Governor, furnishing him at the same time with the new boundaries of the town."
SECTION 54. Section 5-5-30 of the 1976 Code is amended to read:
"Section 5-5-30. Until changed by an election, the selection of the form of government as initially determined by the governing body by ordinance shall remain effective. The ordinance selecting the form of government shall be filed in the office of the Secretary of State Governor who shall issue an appropriate certificate of incorporation to the municipality. No other such election shall be held for a period of four years after an election is held pursuant to Section 5-5-20."
SECTION 55. Section 6-11-1620 of the 1976 Code is amended to read:
"Section 6-11-1620. (A) Within ninety days after the effective date of this article, and before December thirty-first of every even-numbered year thereafter, the governing bodies of all special purpose districts in this State must notify the Secretary of State Governor and the auditor of the county in which the special purpose district is located of their existence.
(B) The notification required by subsection (A) of this section must substantially conform to the following form and all portions of the form must be completed if applicable:
1. -----------------------------------------------------------
Legal Name of Special Purpose District
2. ------------------ ----------------------------------------
Permanent address (If no permanent address,
telephone number, name, and address of agent)
3. -----------------------------------------------------------
Services provided
4. -----------------------------------------------------------
-----------------------------------------------------------
General description of geographical boundary of service
area
(Attach legal description)
5. -----------------------------------------------------------
Citation of Statutory Authority (Please include copy)
6. -----------------------------------------------------------
Date of Origin
7. ----------------------------------------------------------
Tax Rate or Fee Charged
8. Names of Members of Governing Body and terms of
office:
------------------------------ --------------------------
------------------------------ --------------------------
9. ------------------ ----------------------------------------
Method of selecting members of governing body
10.Financial information for prior fiscal year (Please
identify year):
-----------------------------------------------------------
Total revenues by source including investment earnings
-----------------------------------------------------------
Total expenditures
-----------------------------------------------------------
Total indebtedness (indicate bonded or otherwise)
-----------------------------------------------------------
Total investments (individual amounts, location,
rate of interest)
11. ----------------------------------------------------------
Person Completing this Form
------------------ ------------------
Title Date
(C) The auditor of the county in which the special purpose district is located must inspect and sign the notification forms."
SECTION 56. Section 6-11-1630 of the 1976 Code is amended to read:
"Section 6-11-1630. (A) Notification as provided in Section 6-11-1620 must be forwarded to the Secretary of State Governor and the auditor of the county in which the district is located within ninety days after the election of the governing body of a special purpose district created after the effective date of this article.
(B) The Secretary of State Governor shall issue each even-numbered year a directory of active and inactive special purpose districts in the State. The directory shall contain all information provided by the districts as required by the notification form. Inactive districts must be deleted after being listed for two consecutive report cycles. This directory must be mailed to all special purpose districts and general purpose governments in the State.
(C) If the governing body of a public service district fails to report to the Secretary of State Governor as provided by this article, the Secretary Governor may determine that the district is nonfunctioning and notify the governing body of the county or municipality with a certified copy of the letter to any of the last known members of the governing body of the public service district. Thereafter, the district may not be registered with the Secretary of State Governor and it must be declared inactive.
(D) The governing body of any county or municipality so notified shall withhold any fees, taxes, or interest thereon collected for any special purpose district by the municipality or county until the special purpose district complies with the notification requirements of this article."
SECTION 57. Section 6-11-1640 of the 1976 Code is amended to read:
"Section 6-11-1640. (A) The Secretary of State Governor shall investigate failures of special purpose districts to disclose information required by this article. Where special failures are a result of good faith efforts to file reports, the Secretary of State Governor may grant extensions to districts not to exceed sixty days.
(B) When the reports required by this article have not been produced because of a volitional refusal by the governing body of a special purpose district, the Secretary of State Governor or the county auditor may seek a writ of mandamus in the county in which the special purpose district is located to compel the production of the reports."
SECTION 58. Section 6-13-20 of the 1976 Code is amended to read:
"Section 6-13-20. In order to create a district under the provisions of this article, at least twenty-five owners of real property residing within the boundaries of the proposed district shall file a petition with the governing body of the county which, among other things, shall propose a name for the district. The petition shall set forth a full description of the area of the district. Upon receipt of the petition, the governing body shall call for an election to be held within the area within sixty days. Notice of the election shall be published in a newspaper having general circulation within the area for at least two consecutive weeks prior to the election. The governing body shall have prepared and distributed a sufficient number of ballots, including absentee ballots, if requested. The ballots shall contain the question regarding the formation of the district and such other instructions as the governing body deems necessary. The governing body shall appoint managers for the election and such other personnel as it deems necessary and shall canvass the results of the ballots. The final result shall be filed in the office of the clerk of court and, if favorable, also in the offices of the Secretary of State Governor and the Code Commissioner, together with a full description of the district. Should a majority of those voting in the election vote in favor of the creation of the district, it shall become immediately effective."
SECTION 59. Section 6-13-120 of the 1976 Code, as added by Section 1, Act 6 of 1993, is amended to read:
"Section 6-13-120. (A) For purposes of this section, 'assuming service provider' includes, but is not limited to, a county, municipality, special purpose district as defined by Section 6-11-810(d), or corporation not for profit as defined by Section 33-35-10.
(B) A district created pursuant to the provisions of this article may be dissolved if the procedures proscribed in subsections (C) or (D) of this section are followed.
(C) A petition signed by not less than twenty-five percent of the resident customers of the district, excluding corporations, requesting the dissolution of the district and identifying the assuming service provider must be presented to the governing body of the district. The governing body shall verify the petition within thirty days, and notify the county election commission of the county, or counties if the district is located in more than one county, in which the district is located of those customers eligible to vote in a referendum which must be held within sixty days after notification to the election commission. The district shall give thirty days notice to its customers of the referendum by including in the monthly statement for services a separate sheet of paper on which is printed the notice of the referendum which must state the time, date, purpose, and location where customers may vote. The commission, or commissions, if the district is located in more than one county, shall prepare the ballots, conduct the referendum, and determine its results pursuant to the election laws of this State, mutatis mutandis. The district shall reimburse the commission, or commissions, if the district is located in more than one county, for all costs incurred in conducting the referendum. If sixty percent of the resident users of the district voting in the referendum, excluding corporations, vote in favor of the dissolution of the district and its transfer to the assuming service provider, it is effective upon the assumption, by ordinance if assumed by a municipality or county, or by resolution if assumed by a special purpose district or nonprofit corporation, of all debts and obligations by the governing body of the assuming service provider. An assuming service provider must be located in the county where the district is located or be authorized to serve a contiguous area.
(D) A petition signed by not less than seventy-five percent of the resident customers of the district, excluding corporations, requesting the dissolution of the district and identifying the assuming service provider must be presented to the governing body of the district. The governing body shall verify the petition within thirty days. If the verified petition is signed by seventy-five percent of the resident users of the district, excluding corporations, requesting the dissolution of the district and its transfer to the assuming service provider, it is effective upon the assumption, by ordinance if assumed by a municipality or county, or by resolution if assumed by a special purpose district or nonprofit corporation, of all debts and obligations by the governing body of the assuming service provider. An assuming service provider must be located in the county where the district is located or be authorized to serve a contiguous area.
(E) The governing body of the district must notify the Secretary of State Governor within sixty days of the referendum as provided in subsection (C), or verification of the petition as provided in subsection (D), if the district is dissolved."
SECTION 60. Section 6-16-50 of the 1976 Code is amended to read:
"Section 6-16-50. Upon fulfilling the requirements set forth in Section 6-16-40, each governing body which determines that its participation in the proposed joint agency is in its best interest shall by resolution appoint one representative to the proposed joint agency. Any two or more representatives shall file with the Secretary of State Governor an application signed by the representative of each proposed member setting forth:
(a) The names of all the proposed members and their respective appointed representatives;
(b) A certified copy of (i) the resolution or ordinance of each member determining it is in its best interest to participate in the proposed joint agency and (ii) the resolution appointing such member's representative;
(c) The desire that the joint agency be organized as a public body and a body corporate and politic under this chapter;
(d) The name which is proposed for the joint agency.
The Secretary of State Governor shall file the application if after examining it and determining that it complies with the requirements set forth above and that the proposed name of the joint agency is not identical with that of any other corporation of the State or any agency or instrumentality or so nearly similar as to lead to confusion and uncertainty.
After the application has been made and filed, the Secretary of State Governor shall issue a corporate certificate which shall be filed with the application and the joint agency shall then be constituted a public body corporate and politic under the name proposed in the application. The corporate certificate shall set forth the names of the members and the name of the joint agency. Notice of the issuance of such corporate certificate shall be given to all members of the joint agency by the Secretary of State Governor.
In any suit, action or proceeding involving the validity or enforcement of, or relating to, any contract of a joint agency, the joint agency in the absence of establishing fraud shall be conclusively 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 Governor. A copy of such certificate, duly certified by the Secretary of State Governor, shall be admissible in evidence in any such suit, action or proceeding and shall be conclusive proof of the filing and contents."
SECTION 61. Section 6-16-70 of the 1976 Code is amended to read:
"Section 6-16-70. After the creation of a joint agency, any other governing body may become a member upon:
(a) Adoption of a resolution or ordinance complying with the requirements of Section 6-16-40 including publication of notice;
(b) Submission of an application to the joint agency;
(c) Approval of such application by resolution of the governing body of each member of such joint agency.
Any member may withdraw from a joint agency by resolution or ordinance of its governing body. All contractual rights acquired and contractual obligations incurred by a member while it was a member shall remain in full force and effect.
Notice of any change in membership shall be filed in the office of the Secretary of State Governor and no change shall be final until such filing."
SECTION 62. Section 6-19-40 of the 1976 Code is amended to read:
"Section 6-19-40. (a) Application for a grant hereunder may be made to the advisory committee and accompanied by an application to the primary financial source and processed by the Department of Health and Environmental Control. The Department of Health and Environmental Control, on approval of the advisory committee, shall make the necessary rules and regulations for the consideration and processing of all State grant requests appropriated under this chapter, which shall generally conform to those used by federal grant and loan agencies, and which rules shall must be filed promulgated in the office of the Secretary of State accordance with the provisions of the Administrative Procedures Act (Chapter 23, Title 1). The rules shall contain, but shall not be limited to the following criteria:
(1) preliminary engineering costs study;
(2) bonded indebtedness of the district, authority or community;
(3) financial conditions of the district, authority or community;
(4) costs per connection;
(5) economic level in the district, area or community;
(6) ratio of contracted users to potential users which shall not be less than sixty-seven percent;
(7) conformity to overall State, regional or local plans;
(8) operation and maintenance costs identified and proper replacement costs;
(9) amount of connection charges and minimum user charges; and
(10) sustaining costs of rural water and sewer systems.
(b) No funds shall be dispensed until the applicant furnishes evidence of a commitment from the primary financial source."
SECTION 63. Section 6-23-50 of the 1976 Code is amended to read:
"Section 6-23-50. Upon fulfilling the requirements set forth in Section 6-23-40 hereof, the governing body of each municipality which determines that its participation in the proposed joint agency is in its best interest shall by resolution appoint one representative of the proposed joint agency. Any two or more representatives so appointed shall file with the Secretary of State Governor an application signed by a representative of each proposed member municipality setting forth:
(a) The names of all the proposed member municipalities and their respective appointed representatives;
(b) A certified copy of the resolution or ordinance of each member municipality determining it is in its best interest to participate in the proposed joint agency and the resolution appointing such representative;
(c) The desire that the joint agency be organized as a public body and a body corporate and politic under this chapter; and
(d) The name which is proposed for the joint agency. The Secretary of State Governor shall examine the application and, before filing such application, shall determine that the application complies with the requirements set forth above and, in addition, that the proposed name of the joint agency is not identical with that of any other corporation of the State or any agency or instrumentality thereof or so nearly similar as to lead to confusion and uncertainty. Thereupon, the Secretary of State Governor shall receive and file the application.
When the application has been made and filed as provided herein, the Secretary of State Governor shall make and issue a corporate certificate which shall be filed with the application, and the joint agency shall thereupon be and constitute a public body corporate and politic under the name proposed in the application. The corporate certificate shall set forth the names of the member municipalities and the name of the joint agency. The existence of the joint agency shall begin when the corporate certificate is issued by the Secretary of State Governor. Notice of the issuance of such corporate certificate shall be given to all member municipalities of the joint agency by the Secretary of State Governor. The joint agency shall give notice of the issuance of such corporate certificate to the Public Service Commission.
In any suit, action or proceeding involving the validity or enforcement of, or relating to, any contract of the joint agency, the joint agency, in the absence of establishing fraud, shall be conclusively deemed to have been established in accordance with the provisions of this chapter upon proof of the issuance of the aforesaid certificate by the Secretary of State Governor. A copy of such certificate, duly certified by the Secretary of State Governor, shall be admissible in evidence in any such suit, action or proceeding, and shall be conclusive proof of the filing and contents thereof."
SECTION 64. Section 6-25-50 of the 1976 Code is amended to read:
"Section 6-25-50. Upon fulfilling the requirements set forth in Section 6-25-40, each governing body which determines that its participation in the proposed joint system is in its best interest shall by resolution appoint one representative to the proposed joint system. Any two or more representatives shall file with the Secretary of State Governor an application signed by the representative of each proposed member setting forth:
(a) The names of all the proposed members and their respective appointed representatives;
(b) A certified copy of (i) the resolution or ordinance of each member determining it is in its best interest to participate in the proposed joint system and (ii) the resolution appointing such member's representative;
(c) The desire that the joint system be organized as a public body and a body corporate and politic under this chapter;
(d) The name which is proposed for the joint system.
The Secretary of State Governor shall file the application if after examining it and determining that it complies with the requirements in this section and that the proposed name of the joint system is not identical with that of any other corporation of the State or any agency or instrumentality or so nearly similar as to lead to confusion and uncertainty.
After the application has been made and filed, the Secretary of State Governor shall issue a corporate certificate which shall be filed with the application, and the joint system shall then be constituted a public body corporate and politic under the name proposed in the application. The corporate certificate shall set forth the names of the members and the name of the joint system. Notice of the issuance of such corporate certificate shall be given to all members of the joint system by the Secretary of State Governor.
In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract of a joint system, the joint system in the absence of establishing fraud shall be conclusively 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 Governor. A copy of such certificate, duly certified by the Secretary of State Governor, shall be admissible in evidence in any suit, action, or proceeding and shall be conclusive proof of the filing and contents."
SECTION 65. Section 6-25-70 of the 1976 Code is amended to read:
"Section 6-25-70. After the creation of a joint system, any other municipality may become a member upon:
(a) Adoption of a resolution or ordinance by the governing body complying with the requirements of Section 6-25-40 including publication of notice;
(b) Submission of an application to the joint system;
(c) Approval of such application by resolution of the governing body of each member of such joint system.
Any member may withdraw from a joint system by resolution or ordinance of its governing body. All contractual rights acquired and contractual obligations incurred by a member while it was a member must remain in full force and effect.
Notice of any change in membership must be filed in the office of the Secretary of State Governor, and no change is final until such filing."
SECTION 66. Section 7-9-10 of the 1976 Code is amended to read:
"Section 7-9-10. Political parties desiring to nominate candidates for offices to be voted on in a general or special election shall, before doing so, have applied to the State Election Commission (Commission) for certification as such. Parties shall nominate candidates of that party on a regular basis, as provided in this title, in order to remain certified. Any certified political party that fails to organize on the precinct level as provided by Section 7-9-50, hold county conventions as provided by Sections 7-9-70 and 7-9-80, and hold a state convention as provided by Section 7-9-100; that fails to nominate candidates for national, state, multi-county district, countywide, or less than countywide office by convention or party primary as provided by Sections 7-11-20, 7-11-30, and 7-13-40; and that fails to certify the candidates as provided by Section 7-13-350 in at least one of two consecutive general elections held on the first Tuesday following the first Monday in November of an even-numbered year, or that fails to nominate and certify candidates in any other election which might be held within the period of time intervening between the two general elections, must be decertified by the State Election Commission. The party must be notified in writing of its decertification at the last address of record. If the notification of decertification is returned as undeliverable, it must be placed on file in the office of the State Election Commission and with the Secretary of State.
Any decertified party or any noncertified party, organization, or association may obtain certification as a political party at any time by filing with the Commission a petition for the certification signed by ten thousand or more registered electors residing in this State, giving the name of the party, which must be substantially different from the name of any other party previously certified.
No petition for certification may be submitted to the Commission later than six months prior to any election in which the political party seeking certification wishes to nominate candidates for public office.
At the time a petition is submitted to the Commission for certification, the Commission shall issue a receipt to the person submitting the petition which reflects the date the petition was submitted and the total number of signatures contained therein. Once the petition is received by the Commission, the person submitting the petition shall not submit or add additional signatures.
If the Commission determines, after checking the validity of the signatures in the petition, that it does not contain the required signatures of registered electors, the person submitting the petition must be notified and shall not submit any new petition seeking certification as a political party under the same name for one year from the date the petition was rejected.
Once a petition for certification has been submitted and rejected by the Commission, the same signatures may not be submitted in any subsequent petition to certify a new political party.
Once submitted for verification, a petition for certification may not be returned to the political party, organization, or association seeking certification, but shall become a part of the permanent records of the Commission."
SECTION 67. Section 7-9-80 of the 1976 Code is amended to read:
"Section 7-9-80. Each county convention shall be called to order by the county chairman and shall proceed to elect a temporary president, a temporary secretary and a committee on credentials for the purpose of organizing. When organized, it shall elect a permanent president, a secretary and treasurer. It shall also elect the county chairman, the county vice-chairman and a member of the State committee from the county and as many delegates to the State convention as triple the number of members from the county in the House of Representatives, plus one. But county conventions at their discretion may elect double the number of delegates in which case each delegate shall have one-half vote. The secretary of the convention shall keep a record of the proceedings in the minute book.
All officers except delegates shall be reported to the clerk of court of the county and to the Secretary of State State Election Commission prior to the State convention. The reports shall be public record."
SECTION 68. Section 7-9-100 of 1976 Code, as last amended by Act 136 of 1989, is further amended to read:
"Section 7-9-100. The state convention shall meet at a location in this State determined by the state committee to have adequate facilities during a thirteen-month period ending May fifteenth of every general election year on a day and at a time fixed by the state committee and announced publicly at least ten days before the meeting. The state committee shall notify the delegates to the state convention of the accommodations that are available for the delegates during the convention. This listing must be as complete as practicable and must include the accommodations in close proximity to the convention site as well as any other accommodations that are chosen by the state committee. This notice must include the name and location of the accommodations, the cost per day, and any discounts or surcharges that are applicable during the period of the convention. Should the state committee fix the date for the state convention in a nongeneral election year, it must be held for the purpose of reorganization only. The convention to be held for the purpose of nominating candidates for public office to be filled in the general election must be held in the general election year. At the time that the state committee sets the date for the state convention it shall set what month during the twelve-month period ending March thirty-first of every general election year that the county convention must be held. If it sets a month in a nongeneral election year for the county conventions to be held for the purpose of reorganization, it must set a month during the general election year for the county convention to be reconvened for the purpose of nominating candidates for public office to be filled in the general election. Sufficient advance notice of the month set for county conventions must be given to county executive committees so that the public notices required by law may be met. The convention must be composed of delegates elected by the county conventions. Each county is entitled to one delegate for each six thousand residents of the county, according to the latest official United States Census, plus two additional members. If a county has a fractional portion of population of at least three thousand residents above its last six thousand resident figure it is entitled to an additional delegate. When the state convention assembles, it must be called to order by the chairman of the state committee. A temporary president must be nominated and elected by the convention, and after its organization the convention shall proceed immediately to the election of permanent officers and to the transaction of business. When the business has concluded it shall adjourn sine die, or may recess. The state chairman may recall the state convention into special session at any time he determines appropriate.
The officers of the state convention must be a president, vice president, two secretaries, and a treasurer. Each county delegation to a state convention may fill any vacancies therein. Any county failing or refusing to organize under the provisions of this title may not have representation in the state convention. The state officers must be reported to the Secretary of State and to the State Election Commission within fifteen days of their election and the reports must be public record."
SECTION 69. Section 7-13-70 of the 1976 Code, as last amended by Act 253 of 1992, is further amended to read:
"Section 7-13-70. For the purpose of carrying on general or special elections provided for in Section 7-13-10, the Governor, at least ninety days before the election, shall appoint for each county not less than three nor more than five commissioners of election upon the recommendation of the senatorial delegation and at least half of the members of the House of Representatives from the respective counties. The Governor shall notify the State Election Commission in writing of the appointments. The State Election Commission shall verify that at least one of the appointees represents the largest political party and one represents the second largest political party as determined by the composition of that county's delegation in the General Assembly or the makeup of the General Assembly as a whole if the county's delegation is composed of only one party's members. The commissioners shall continue in office until their successors are appointed and qualified. For the general election held on the first Tuesday following the first Monday in November in each even-numbered year, the commissioners of election shall appoint three managers of election for each polling place in the county for which they must respectively be appointed for each five hundred electors, or portion of each five hundred electors, registered to vote at the polling place. For primary elections held on the second Tuesday in June of each general election year, the commissioners of election shall appoint three managers of election for each polling place in the county for which they must respectively be appointed for the first five hundred electors registered to vote in each precinct in the county, and may appoint three additional managers for each five hundred electors registered to vote in the precinct above the first five hundred electors, or portion thereof. The commissioners shall also appoint from among the managers a clerk for each polling place in the county, and none of the officers may be removed from office except for incompetence or misconduct. For all other primaries, special, or municipal elections, the authority charged by law with conducting the primaries, special, or municipal elections shall appoint three managers of election for the first five hundred electors registered to vote in each precinct in the county, municipality, or other election district and one additional manager for each five hundred electors registered to vote in the precinct above the first five hundred electors. The authority responsible by law for conducting the election shall also appoint from among the managers a clerk for each polling place in a primary, special, or municipal election. Forty-five days prior to any primary, except municipal primaries, each political party holding a primary may submit to the county election commission a list of prospective managers for each precinct. The county election commission must appoint at least one manager for each precinct from the list of names submitted by each political party holding a primary. However, the county election commission may refuse to appoint any prospective manager for good cause. No person may be appointed as a manager in a primary who has not completed a training program concerning his duties and responsibilities as a poll manager and who has not received certification of having completed the training program. The training program and the issuance of certification must be carried out by the county election commission. After their appointment the commissioners, managers, and clerks shall take and subscribe, before any officer authorized to administer oaths, the following oath of office prescribed by Section 26 of Article III of the Constitution: 'I do solemnly swear (or affirm) that I am duly qualified, according to the Constitution of this State, to exercise the duties of the office to which I have been appointed, and that I will, to the best of my ability, discharge the duties thereof, and preserve, protect and defend the Constitution of this State and of the United States. So help me God.'
It must be immediately filed in the office of the clerk of court of common pleas of the county in which the commissioners, managers, and clerks are appointed, or, if there is no clerk of court, in the office of the Secretary of State State Election Commission. Before opening the polls, the managers of election shall take and subscribe the oath provided for in Section 7-13-100. Upon the completion of the canvassing of votes, this oath must be filed with the commissioners of election along with the ballots from that election precinct."
SECTION 70. Section 7-13-180 of the 1976 Code is amended to read:
"Section 7-13-180. Whenever an amendment to the Constitution of this State shall be voted upon at any election, the commissioners of election of each county in the State shall have such amendment conspicuously posted at each voting precinct in the county upon the day of the election. Such printed amendments shall be furnished to the commissioners of election by the Secretary of State State Election Commission."
SECTION 71. Section 7-13-320 of the 1976 Code is amended to read:
"Section 7-13-320. General election ballots shall conform to the following standards and specifications:
(A) The ballot shall be printed on paper of such thickness that the printing cannot be distinguished from the back and shall be of such size and color as directed by the State Election Commission. If more than one ballot is to be used in any election, each such ballot shall be printed upon different colored paper;
(B) Across the top of the ballot shall be printed 'Official Ballot, General Election,' beneath which shall be printed the date of the election, the county and the precinct. Above the caption of each ballot shall be one stub, with a perforated line between the stub and the top of the ballot. The stub shall have printed thereon 'Official Ballot, General Election' and then shall appear the name of the county, the precinct and the date of the election. On the right side there shall be a blank line under which there shall be 'Initials of Issuing Officer.' Stubs on ballots for each precinct shall be prenumbered consecutively, beginning with No. 1;
(C) On the ballot for presidential electors there shall be printed, under the titles of the offices, the names of the candidates for President and Vice President of the United States nominated by each political party qualified under the provisions of Section 7-9-10 and those nominated by petition. A separate column shall be assigned to each political party with candidates and to each separate petition slate of candidates on the ballot and each party and each petition candidate's columns shall be separated by distinct black lines. At the head of each column the party or petition name shall be printed in large type and below it a circle, one-half inch in diameter, and below the circle the names of the party's and petition candidates for President and Vice President in that order. On the face of the ballot above the party and petition candidate's column division the following instruction shall be printed in heavy black type:
a. To vote this ballot make a cross (X) mark in the circle below the name of the political party or petition column for whose candidates you wish to vote.
b. A vote for the names of a political party's candidates or petition candidates for President and Vice President is a vote for the electors of that party or petition candidates, the names of whom are on file with the Secretary of State State Election Commission.
On the bottom of the ballot shall be printed an identified facsimile of the signature of the Executive Director of the State Election Commission.
The official ballot for presidential electors shall not be combined with any other official ballots.
(D) The names of candidates offering for any other office shall be placed in the proper place on the appropriate ballot, stating whether it is a state, congressional, legislative, county or other office.
(E) The names of the several officers to be voted for and the tickets of the parties and petition candidates shall be placed on the ballots in an order as arranged by the State Election Commission as to those ballots for which it is responsible for distribution and by the commissioners of election for the respective counties as to the ballots for which they are responsible for distribution, including those for State Senator and member of the House of Representatives. If the State Senator or member of the House of Representatives or any other officer is to be elected from more than one county, the commissioners of election from the various counties from which they are to be elected shall assure that there shall be uniformity of placement on the ballots of their respective counties and should the commissioners fail to agree within sixty days prior to the general election, and upon receipt of written certification by at least one commissioner, that they have failed to act, the State Election Commission shall determine the order of placing the names on the ballots."
SECTION 72. Section 7-17-290 of the 1976 Code is amended to read:
"Section 7-17-290. The Board shall make and subscribe, on the proper statement, a certificate of their determination and shall deliver the same to the Secretary of State Governor."
SECTION 73. Section 7-17-300 of the 1976 Code is amended to read:
"Section 7-17-300. The Secretary of State Governor shall record in his office, in a book to be kept by him for that purpose, each certified statement and determination which shall be delivered to him by the Board of State Canvassers and every dissent or protest that shall have been delivered to him by a canvasser."
SECTION 74. Section 7-17-310 of the 1976 Code is amended to read:
"Section 7-17-310. The Secretary of State Governor shall, without delay, transmit a copy, under the seal of his office, of such certified determination to each person thereby declared to be elected and a like copy to the Governor."
SECTION 75. Section 7-17-320 of the 1976 Code is amended to read:
"Section 7-17-320. The Secretary of State Governor shall cause a copy of such certified statements and determinations to be printed in one or more public newspapers of this State."
SECTION 76. Section 7-17-330 of the 1976 Code is amended to read:
"Section 7-17-330. The Secretary of State Governor shall prepare a general certificate, under the seal of the State and attested by him as Secretary thereof, addressed to the House of Representatives of the United States in that Congress for which any person shall have been chosen, of the due election of such person as Representative of this State in Congress and shall transmit the same to such House of Representatives at their first meeting."
SECTION 77. Section 7-17-340 of the 1976 Code is amended to read:
"Section 7-17-340. The Secretary of State Governor shall enter in a book to be kept in his office the names of the respective county officers elected in this State, specifying the counties for which they were severally elected, their place of residence, the office for which they were respectively elected and their term of office."
SECTION 78. Section 7-19-70 of the 1976 Code is amended to read:
"Section 7-19-70. Unless otherwise provided, the election of presidential electors shall be conducted and the returns made in the manner prescribed by this chapter for the election of state officers.
The names of candidates for electors of President and Vice President nominated by any political party recognized in this State under Section 7-9-10 or by a valid petition shall be filed with the Secretary of State State Election Commission but shall not be printed on the ballot. In place of their names, in accordance with the provisions of Section 7-13-320, there shall be printed on the ballot the names of the candidates for President and Vice President of each political party recognized in this State and the names of any petition candidates for President and Vice President. A vote for the candidates named on the ballot shall be a vote for the electors of the party by which those candidates were nominated or the electors of petition candidates whose names have been filed with the Secretary of State State Election Commission.
Upon receipt of the certified determination of the Board of State Canvassers and delivered to him in accordance with Section 7-17-300, the Secretary of State chairman of the State Election Commission, under his hand and the seal of his office, as required by Section 7-17-310, shall certify to the Governor the names of the persons elected to the office of elector for President and Vice President of the United States as stated in the certified determination, who shall be deemed appointed as electors.
It shall be the duty of the Governor, as soon as practicable after the conclusion of the appointment of the electors pursuant to the laws of the State providing for the election and appointment of the electors, to communicate by registered mail under the seal of the State to the Administrator of General Services a certificate of appointment of the electors, setting forth the names of the electors and the canvass or other ascertainment under the laws of this State of the number of votes given or cast for each person for whose appointment any and all votes have been given or cast. It shall also thereupon be the duty of the Governor to deliver to the electors of the State, on or before the day on which they are required by law to meet, six duplicate originals of the same certificate under the seal of the State. If there shall have been any final determination in the manner provided for by law of a controversy or contest concerning the appointment of all or any of the electors, it shall be the duty of the Governor, as soon as practicable after the determination, to communicate under the seal of the State to the Administrator of General Services a certificate of such determination."
SECTION 79. Section 7-19-80 of the 1976 Code is amended to read:
"Section 7-19-80. Each candidate for presidential and vice-presidential elector shall declare which candidate for president and vice-president he will vote for if elected. Those elected shall vote for the president and vice-president candidates for whom they declared. Any person selected to fill a vacancy in the electoral college shall vote for the candidates the elector whose place he is taking had declared for. The declaration shall be made to the Secretary of State State Election Commission on such form as he may require not later than sixty days prior to the general election for electors. No candidate for president and vice-president elector shall have his name placed on the ballot who fails to make such declaration by the prescribed time. Any elector who votes contrary to the provisions of this section shall be deemed guilty of violating the election laws of this State and upon conviction shall be punished according to law. Any registered elector shall have the right to institute proper action to require compliance with the provisions of this section. The Attorney General shall institute criminal action for any violation of the provision of this section. Provided, the executive committee of the party from which an elector of the electoral college was elected may relieve the elector from the obligation to vote for a specific candidate when, in its judgment, circumstances shall have arisen which, in the opinion of the committee, it would not be in the best interest of the State for the elector to cast his ballot for such a candidate."
SECTION 80. Section 7-19-90 of the 1976 Code is amended to read:
"Section 7-19-90. The electors for President and Vice President shall convene at the capitol, in the office of the Secretary of State State Election Commission, at eleven in the forenoon, on the first Monday after the second Wednesday in December next following their appointment, and shall proceed to effect a permanent organization by the election of a president and secretary from their own body. The electors shall next proceed to fill by ballot and by plurality of votes all vacancies in the electoral college occasioned by the death, refusal to serve, or neglect to attend, of any elector. The electors shall then and there vote by ballot for President and Vice President, one of whom at least shall not be an inhabitant of the same State with themselves.
The electors shall make and sign six certificates of all the votes given by them for President and Vice President, each of which certificates shall contain two distinct lists, one of the votes for President and the other for Vice President, and shall annex to each of the certificates one of the lists of the electors which shall have been furnished to them by the Secretary of State State Election Commission by direction of the Governor. The electors shall seal up separately the certificates and lists of the electors so made by them, and certify upon each that the list of all the votes of the State given for President, and of all of the votes given for Vice President are contained therein."
SECTION 81. Section 7-19-100 of the 1976 Code is amended to read:
"Section 7-19-100. The electors shall dispose of the certificates so made by them and the lists attached thereto in the following manner:
First. They shall forthwith forward by registered mail one of the certificates and lists to the President of the Senate at the seat of government.
Second. Two of the certificates and lists shall be delivered to the Secretary of State State Election Commission of South Carolina, one of which shall be held subject to the order of the President of the Senate, and the other shall be preserved by him for one year and shall be a part of the public records of his office and shall be open to public inspection.
Third. On the day thereafter they shall forward by registered mail two of the certificates and lists to the Administrator of General Services at the seat of government, one of which shall be held subject to the order of the President of the Senate.
Fourth. They shall forthwith cause the other of the certificates and lists to be delivered to the judge of the district in which the electors shall have assembled."
SECTION 82. Section 7-19-110 of the 1976 Code is amended to read:
"Section 7-19-110. Every elector for this State for the election of a president and vice-president of the United States who shall attend at any election of those officers and give his vote at the time and place appointed by law shall be entitled to receive for his attendance at such election and for traveling to and from his place of residence by the most usual route the regular mileage, subsistence and per diem allowance authorized for state boards, committees and commissions to be paid from appropriations to the office of the Secretary of State State Election Commission."
SECTION 83. Section 7-19-120 of the 1976 Code is amended to read:
"Section 7-19-120. The Governor, Secretary of State and other State officers shall perform such duties and functions in respect to the election of electors, the election of the President and Vice-President of the United States and certification of electors and results of such election as provided by the acts of Congress in relation thereto."
SECTION 84. Section 8-3-40 of the 1976 Code is amended to read:
"Section 8-3-40. The Secretary of State Governor shall ascertain the number of officers in this State for whom bonds are required and cause an equal number of such bonds to be printed annually at the expense of the State. Such forms shall include space for the proper officers to approve securities and for probate. The Secretary of State Governor shall distribute to each county, annually, the number of such bonds equal to the number of officers for whom bonds are required in that county."
SECTION 85. Section 8-3-140 of the 1976 Code is amended to read:
"Section 8-3-140. The bonds of all public officers of the State shall, before they are accepted or recorded, be examined by the Attorney General or by one of the solicitors, who must certify in writing upon the bond that he approves the form and execution thereof. When so examined, approved and certified the bonds of State, district or circuit officers shall be filed with the Secretary of State Governor and shall be recorded by him, without charge, in suitable books kept by him for the purpose and when so recorded shall be filed with the State Treasurer except that the bond of the State Treasurer shall be filed with the Governor."
SECTION 86. Section 8-3-150 of the 1976 Code is amended to read:
"Section 8-3-150. Every county officer who is required to give bond for the faithful performance of the duties of his office shall, within thirty days after notification of his election or appointment, have his bond recorded in the office of the register of mesne conveyances or, if there be no such officer, in the office of the clerk of the circuit court for the county in which such officer resides and the register or clerk shall keep a separate book, properly indexed, for the purpose of recording such bonds, which shall be provided by the governing body of the county. The register or clerk shall be entitled to exact a fee from the public officer of one dollar for recording his bond. But no such bond shall be recorded until first approved as to surety by the proper officials as prescribed by law and as to execution and form by the Attorney General or such other official as may be designated for this purpose. Such bonds when recorded shall be immediately transmitted to the Secretary of State Governor who, after recording them as required by Section 8-3-140, shall file them with the State Treasurer."
SECTION 87. Section 8-11-20 of the 1976 Code is amended to read:
"Section 8-11-20. All persons who hold or are appointed to any of the positions in the departments of the State government referred to in this section, or who shall be appointed by any of such departments as accountants to investigate and report the condition of any State or county officer, shall take oath of office in the usual form and the constitutional oath and give good and sufficient bond in the form of official bonds as prescribed by Section 8-3-30. Such bonds shall be approved and filed as the bonds of other State officers. In the instance of individual bonds to be given pursuant to this section by employees of each of the departments referred to below, the penal sums of such bonds shall be as follows: For each clerk in the office of the Secretary of State, four thousand dollars; For each clerk in the office of the Comptroller General, five thousand dollars; for each clerk in the office of the State Treasurer, ten thousand dollars; for each clerk in the office of the State Superintendent of Education, twenty-five hundred dollars; for each stenographer or typist in the office of the State Treasurer, twenty-five hundred dollars; for each Assistant Attorney General, twenty-five hundred dollars; and for each accountant appointed by any of such departments, five thousand dollars.
In lieu of the individual bonds as provided above, the heads of the respective departments referred to in this section may, with the approval of the State Budget and Control Board, procure bonds in form to be approved by the Attorney General covering all persons employed in or by such department, including, if practical, such accountants mentioned above. In such event the penal sum of such bonds shall be in such amount as the State Budget and Control Board shall approve.
Any individual or blanket bonds given pursuant to the requirements of this section shall be executed by a fidelity or surety company licensed to do business in this State. In all cases, the premium or annual payment required to keep such bonds in force and effect shall be paid by the State Treasurer on the warranty of the Comptroller General."
SECTION 88. Section 8-11-92 of the 1976 Code is amended to read:
"Section 8-11-92. A. Nonprofit charitable organizations for which such payroll deductions may be made shall include any nonprofit, eleemosynary corporation, association or organization which is organized and operated exclusively for charitable, health, or welfare services to the public and meets all of the following qualifications:
(1) Is and continues to be organized and qualified to solicit and operate under the laws of this State, pursuant to Chapter 55 of Title 33;
(2) Provide direct and continuing services to or on behalf of the citizens of the State. For purposes of this section, 'direct and continuing services' means: (a) services other than legal advocacy services which are provided directly to and specifically for one individual or one family; or, (b) services which are in the nature of medical research; or, (c) services which involve the collection and administration of funds by umbrella organizations for other organizations, all of which qualify under this act;
(3) Is recognized as tax exempt under Section 501(c)(3) of Title 26, United States Code (the Internal Revenue Code of 1954, as amended);
(4) Is not an organization contemplated by Section 501(c)(4), 501(c)(5), or 501(c)(6) of Title 26, United States Code (the Internal Revenue Code of 1954, as amended) and is not an organization primarily engaged in the propagation of a religious faith or belief; this prohibition shall include, but not be limited to, organizations primarily engaged in lobbying or political activity;
(5) Is operated without discrimination in regard to all persons served, and complies with all requirements of law, including administrative regulations, respecting nondiscrimination and equal opportunity regarding its officers, staff, employees and volunteers;
(6) Has neither a parent organization nor a subsidiary organization which fails to meet qualifications herein contained in items (1) through (5).
B. The Secretary of State State Treasurer shall determine on an annual basis, based upon the applications of nonprofit, charitable organizations and groups of such organizations, those which are eligible to participate in payroll deductions for state-employee contributions. His decision shall be final unless determined by a court of competent jurisdiction to be arbitrary, capricious or unsupported by any credible evidence."
SECTION 89. Section 8-11-94 of the 1976 Code is amended to read:
"Section 8-11-94. The names of state employees authorizing deductions of charitable contributions and the amount of the individual contributions shall be confidential and shall not be made public. This prohibition against disclosure shall not bar the Secretary of State State Treasurer, State Auditor or state or federal tax authorities from access to all information necessary to verify or establish the eligibility, the tax exempt status or the tax liability of such organizations or groups of such organizations. The tax returns and books and records of such organizations or groups of such organizations shall be made available at all times necessary to determine the status and eligibility of any such charitable organization or groups of such organizations."
SECTION 90. Section 11-15-20 of the 1976 Code is amended to read:
"Section 11-15-20. (1) Definitions:
(a) 'Bonds' shall include general obligations of the issuer and obligations of the issuer payable in whole or in part from any special fund or other source, any part of which is expressed to mature more than twelve months from the date thereof but shall not include obligations issued in anticipation of the collection of taxes or in anticipation of the issuance of bonds.
(b) 'State agency' shall mean the State of South Carolina, its agencies and institutions.
(c) 'Governing board' shall mean the board, commission, board of trustees, authority, or any other public body upon which is devolved by law the administrative and executive duties relating to the issuance of bonds of any State agency.
(2) In every instance where the governing board of any State agency shall propose to effect the issuance of bonds, it shall make a full record of the proceedings relating to the issuance of such bonds, exclusive of papers and documents relating to the delivery of such bonds, and shall, prior to the delivery of such bonds, file a copy of such record in the office of the Secretary of State State Treasurer. It shall be the duty of the Secretary of State State Treasurer to file and index the record in a special book to be kept by such officer for such purpose. The Secretary of State State Treasurer shall be authorized to prepare and deliver certified copies of the records as thus filed and to deliver them to the purchasers of the bonds or other interested parties. For each such certification a reasonable fee may be charged."
SECTION 91. Section 11-25-260 of the 1976 Code is amended to read:
"Section 11-25-260. The faithful performance for printing for each House shall be certified by its presiding officer and clerk. In the absence of either of such officers from the seat of the government, the Secretary of State, to whom the work may be delivered, shall certify to its proper execution."
SECTION 92. Section 11-31-10 of the 1976 Code is amended to read:
"Section 11-31-10. Whenever the holder of any general obligation bonds of the State of South Carolina shall request the State Board to exchange outstanding coupon bonds for fully registered bonds of the same issue and of the same maturity and interest rate, the State Board shall be empowered to authorize the proper offices of the State, being the then Governor, and the then State Treasurer and the then Secretary of State, to execute and deliver fully registered bonds in denominations of multiples of five thousand dollars upon such terms and conditions and upon payment of such charges as the State Board shall deem appropriate."
SECTION 93. Section 12-6-5520 of the 1976 Code, as added by Act 76 of 1995, is amended to read:
"Section 12-6-5520. (A) The department shall notify a domestic or foreign corporation, as defined in Section 12-20-10(3) and (4), of its failure to comply with the provisions of this chapter and Chapter 20 of this title requiring the filing of returns. If the corporation fails to file the required return within sixty days of the notice, the department may provide the taxpayer's name to the Secretary of State Governor. The department may not make an estimated assessment or issue any warrant based on an estimated assessment against a taxpayer prior to referring such taxpayer to the Secretary of State Governor for administrative dissolution or revocation.
(B) After referral from the department, the Secretary of State Governor shall administratively dissolve a domestic corporation or revoke a foreign corporation's authority to transact business in this State."
SECTION 94. Section 12-8-540 of the 1976 Code, as added by Act 76 of 1995, is amended to read:
"Section 12-8-540. (A) A person making rent or royalty payments to a nonresident of twelve hundred dollars in any calendar year or more annually for the use or privilege of using property in this State shall withhold seven percent of each payment to a nonresident individual, partnership, trust, or estate and five percent of each payment to a nonresident corporation or any other nonresident entity.
(B) This section does not apply:
(1) to a person for the rental of residential housing units, including short-term rentals, when four or fewer units are owned by the nonresident.
(2) to an individual who pays rent directly to a nonresident solely for a residential housing unit which is his legal residence;
(3) to a nonresident which has registered with the Secretary of State Governor or the Department of Revenue and Taxation and by that registration has agreed to be subject to the jurisdiction of the department and the courts of this State to determine its South Carolina tax liability, including estimated taxes, together with any related interest and penalties, if any. Registering with the Secretary of State Governor or the department is not an admission of tax liability. If the person renting from or having a royalty contract with a nonresident obtains an affidavit from the nonresident stating that the nonresident is registered with the department or with the Secretary of State Governor, the person is not responsible for the withholding.
The department may revoke the exemption granted by the registration provided in this item if it determines that the nonresident taxpayer is not cooperating with the department in the determination of the nonresident taxpayer's correct South Carolina tax liability. The revocation does not revive the duty of a person renting from or having a royalty contract with a nonresident to withhold until the person receives notice of the revocation."
SECTION 95. Section 12-8-550 of the 1976 Code, as added by Act 76 of 1995, is amended to read:
"Section 12-8-550. A person hiring or contracting with a nonresident conducting a business or performing personal services of a temporary nature within this State shall withhold two percent of each payment in which the South Carolina portion of the contract exceeds or could reasonably be expected to exceed ten thousand dollars. This item does not apply to a nonresident which registered with the Secretary of State Governor or the Department of Revenue and Taxation and by that registration has agreed to be subject to the jurisdiction of the department and the courts of this State to determine its South Carolina tax liability, including withholding and estimated taxes, together with any related interest and penalties, if any. Registering with the Secretary of State Governor or the department is not an admission of tax liability nor must this act of registering be construed to require the filing of an income tax or franchise (license) tax return. If the person hiring, contracting, or having a contract with a nonresident obtains an affidavit from the nonresident stating that the nonresident is registered with the department or with the Secretary of State Governor, the person is not responsible for the withholding.
The department may revoke the exemption granted by registering with the Secretary of State Governor or the department if it determines that the nonresident taxpayer is not cooperating with the department in the determination of the nonresident taxpayer's correct South Carolina tax liability. This revocation does not revive the duty of a person hiring, contracting, or having a contract with a nonresident to withhold, until the person receives notice of the revocation."
SECTION 96. Section 12-20-30 of the 1976 Code, as added by Act 76 of 1995, is amended to read:
"Section 12-20-30. (A) The annual report must be in a form prescribed by the department and Secretary of State Governor and contain all information that the department or the Secretary of State Governor may require for the administration of the provisions of this chapter and the provisions of Title 33. The information in the annual report must be current as of the date the annual report is executed on behalf of the corporation and contain the following information:
(1) the name of the corporation and the state or country of incorporation;
(2) the address of the registered office and the name of the registered agent in this State;
(3) the address of the principal office;
(4) the names and business addresses of the directors and principal officers;
(5) a brief description of the nature of the business;
(6) the total number of authorized shares of stock, itemized by class and series, if any, within each class; and
(7) the total number of issued and outstanding shares of stock, itemized by class and series, if any, within each class.
The information required by this subsection is open to unrestricted public inspection. Any person may request a copy of the information from either the Secretary of State Governor or the department.
(B) The Secretary of State Governor or the department may by regulation permit the public disclosure of other information that is required to be filed as part of the corporation's annual report in addition to the information required by subsection (A)."
SECTION 97. Section 12-20-40 of the 1976 Code, as added by Act 76 of 1995, is amended to read:
"Section 12-20-40. (A) An initial annual report and the minimum license fee required by Sections 12-20-50 and 12-20-100(C) must be filed with the Secretary of State Governor with the initial articles of incorporation filed by a domestic corporation or an application for certificate of authority filed by a foreign corporation. The initial annual report must be submitted to the department by the Secretary of State Governor and contain the information required in Section 12-20-30(A).
(B) A corporation that does not file an application for certificate of authority with the Secretary of State Governor shall file the initial annual report and pay the minimum license fee required by Sections 12-20-50 and 12-20-100 to the department on or before sixty days after initially doing business, or using a portion of its capital in this State."
SECTION 98. Section 12-28-1505(A)(3)(b) of the 1976 Code, as added by Act 136 of 1995, is amended to read:
"(b) receives from the Secretary of State department a verification number authorizing the diversion;"
SECTION 99. Section 12-49-90 of the 1976 Code, as last amended by Section 228, Act 181 of 1993, is further 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 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 Governor that such officers have authority to collect the tax shall be conclusive evidence of such authority."
SECTION 100. Section 12-54-125 of the 1976 Code, as added by Section 8, Act 444 of 1988, is further amended to read:
"Section 12-54-125. If, upon investigation, the commission department determines that any corporation which has been dissolved by the Secretary of State Department of Commerce has not conducted any business since the last return was filed with the commission department, or if there are no available assets of the corporation, the commission may deem that warrants of distraint issued against the corporation were issued in error and may withdraw them."
SECTION 101. Section 13-7-145 of the 1976 Code is amended to read:
"Section 13-7-145. A. Any shipper who is not a resident of South Carolina and who is not registered with the Secretary of State Attorney General for purposes of doing business within South Carolina shall be subject to service of process for purposes of administering and enforcing this article by leaving a copy of the summons or any other legal paper in the hands of the Secretary of State Attorney General or in his office, and such service shall be deemed sufficient service and shall have like force and effect in all respects as service upon citizens of this State found within its limits if notice of such service and a copy of the paper served are forthwith sent by certified mail to the shipper and the shipper's return receipt and an affidavit of compliance therewith are filed in the cause and submitted to the administrative agency or court from which such process or other paper issued.
Such service may also be made by delivery of a copy thereof to any such shipper outside the State, and proof of such delivery may be made by the affidavit of the person delivering such copy. Such affidavit shall be filed in the cause and submitted to the administrative agency or court from which the process or other paper issued.
B. Any carrier who is not a resident of South Carolina and who is not registered with the Secretary of State Attorney General for purposes of doing business within South Carolina shall be subject to service of process for purposes of administering and enforcing this article by leaving a copy of the summons or any other legal paper in the hands of the Secretary of State Attorney General or in his office, and such service shall be deemed sufficient service and shall have like force and effect in all respects as service upon citizens of this State found within its limits if notice of such service and a copy of the paper served are forthwith sent by certified mail to the carrier and the carrier's return receipt and an affidavit of compliance therewith are filed in the cause and submitted to the administrative agency or court from which such process or other paper issued.
Such service may also be made by delivery of a copy thereof to any such carrier outside the State, and proof of such delivery may be made by the affidavit of the person delivering such copy. Such affidavit shall be filed in the cause and submitted to the administrative agency or court from which the process or other paper issued."
SECTION 102. Section 13-12-15 of the 1976 Code, as last amended by Section 1, Act 518 of 1992, is further amended to read:
"Section 13-12-15. Upon the implementation of the provisions of this chapter, should only two of the three counties of Berkeley, Dorchester, and Charleston have elected to participate by approval of the initial referendum, the governing body of the nonparticipating county may thereafter call a referendum in such county on the question of participation in the authority. After one referendum has been held under the provisions of this section, no more than one such referendum may thereafter be held within a two year period. The referendum question shall read as follows:
'Shall [insert name of county] join in the Trident Economic Development Finance Authority which shall have the power, among other things, with the approval of the governing bodies of Berkeley, Dorchester, and Charleston counties, to issue general obligation bonds for the purpose of promoting economic development in the area of the authority?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square before the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square before the word 'No'.'
If this question receives a majority of the votes cast in the county, as certified by the Board of State Canvassers, the jurisdictional area of the authority shall be expanded to include the approving county on the date on which written evidence of this fact is transmitted to the Secretary of State Governor."
SECTION 103. Section 14-5-110 of the 1976 Code is amended to read:
"Section 14-5-110. The circuit judges of this State, upon their election, shall qualify by taking the oath required by the Constitution of this State before a justice of the Supreme Court, the President of the Senate, the Speaker or Speaker Emeritus of the House of Representatives, a circuit judge, a clerk of the Supreme Court, a clerk of the court of common pleas or a probate judge of the county, and shall forthwith enter upon their duties. Such oath must be filed in the office of the Secretary of State Governor. Terms of office for all circuit judges elected after January 1, 1977, shall commence as of July first of the year in which they are elected."
SECTION 104. Section 14-11-20 of the 1976 Code, as last amended by Section 4, Part II, Act 678 of 1988, is further amended to read:
"Section 14-11-20. Masters-in-equity must be appointed by the Governor with the advice and consent of the General Assembly for a term of six years and until their successors are appointed and qualify. No person is eligible to hold the office of master-in-equity who is not at the time of his appointment a citizen of the United States and of this State, has not attained the age of twenty-six years upon his appointment, has not been a licensed attorney for at least five years upon his appointment, and has not been a resident of this State for five years immediately preceding his appointment.
Each master-in-equity of this State qualifies by taking the oath required by the Constitution of this State before a justice of the Supreme Court, a judge of the Court of Appeals, the President of the Senate, the Speaker of the House of Representatives, a circuit judge, the Clerk of the Supreme Court, a clerk of the Court of Common Pleas, or a probate judge of the county and immediately enters upon his duties. The oath must be filed in the office of the Secretary of State Governor.
A full-time master-in-equity is prohibited from engaging in the practice of law. A part-time master-in-equity may practice law but is prohibited from appearing before another master-in-equity. A standing master-in-equity may not serve as the probate judge of any county."
SECTION 105. Section 14-17-340 of the 1976 Code is amended to read:
"Section 14-17-340. The clerk shall administer the oaths of office required to be taken by magistrates appointed within his county, on their application, within ninety days after such appointment. On the first day of November, annually, he shall transmit a list of the names of magistrates who have qualified during the preceding year to the office of the Secretary of State Governor at Columbia."
SECTION 106. Section 15-9-245 of the 1976 Code, as last amended by Section 4, Act 384 of 1994, is further amended to read:
"Section 15-9-245. (a) Every foreign business or nonprofit corporation which is not authorized to do business in this State, by doing in this State, either itself or through an agent, any business, including any business activity for which authority need not be obtained as provided by Section 33-15-101, is considered to have designated the Secretary of State Attorney General as its agent upon whom process against it may be served in any action or proceeding arising in any court in this State out of or in connection with the doing of any business in this State.
(b) Service of the process is made by delivering to and leaving with the Secretary of State Attorney General, or with any person designated by him to receive such service, duplicate copies of the process, notice, or demand. The Secretary of State Attorney General immediately shall cause one of the copies to be forwarded by certified mail, addressed to the corporation either at its registered office in the jurisdiction of its incorporation, its principal place of business in the jurisdiction, or at the last address of the foreign business or nonprofit corporation known to the plaintiff, in that order.
(c) Proof of service must be by affidavit of compliance with this section and filed, together with a copy of the process, with the clerk of court in which the action or proceeding is pending. There must be filed with the affidavit of compliance the return receipt signed by the foreign business or nonprofit corporation or other official proof of delivery or, if acceptance was refused, there must be filed the original or a photostated or certified copy of the envelope with a notation by the postal authorities that acceptance was refused. If acceptance was refused, a copy of the notice and process, together with notice of the mailing by certified mail and of refusal to accept must be sent promptly to the foreign business or nonprofit corporation. If this section is complied with, the refusal to accept delivery of the certified mail or to sign the return receipt shall not affect the validity of the service, and the foreign corporation refusing to accept the certified mail must be charged with knowledge of the contents thereof.
(d) Service under this section may be made also by delivery of a copy of the process to any foreign business or nonprofit corporation outside the State. Proof of the delivery must be made by affidavit of the person making delivery, and the affidavit must be filed with the clerk of court in which the action or proceeding is pending.
(e) The Secretary of State Attorney General shall charge a fee of ten dollars for the service.
(f) This section does not prescribe the only means, or necessarily the required means, of serving a foreign business or nonprofit corporation not authorized to do business in this State."
SECTION 107. Section 15-9-250 of the 1976 Code is amended to read:
"Section 15-9-250. Service of process may be made upon the Secretary of State Attorney General as agent for a foreign rural electric cooperative pursuant to his appointment as such under the provisions of Section 33-49-1320. In the event of such service, the Secretary of State Attorney General shall forthwith forward it by registered mail to such corporation at the address specified in the instrument appointing the Secretary of State Attorney General as such agent."
SECTION 108. Section 15-9-280 of the 1976 Code, as last amended by Sections 260-262, Act 181 of 1993, is further amended to read:
"Section 15-9-280. (a) Any act of transacting an insurance business as set forth in Section 38-25-110 by an unauthorized insurer is equivalent to and constitutes an irrevocable appointment by the insurer, binding upon him, his executor or administrator, or successor in interest if a corporation, of the Secretary of State Attorney General or his successor in office to be the true and lawful attorney of the insurer upon whom may be served all lawful process in any action, suit, or proceeding in any court by the Director of the Department of Insurance or his designee, or by the State and upon whom may be served any notice, order, pleading, or process in any proceeding before the Department of Insurance and which arises out of transacting an insurance business in this State by the insurer. Any act of transacting an insurance business in this State by an unauthorized insurer is signification of its agreement that any such lawful process in such court action, suit, or proceeding and any such notice, order, pleading, or process in such administrative proceeding before the Department of Insurance so served are of the same legal force and validity as personal service of process in this State upon the insurer.
(b) Service of process in such action is made by delivering to and leaving with the Secretary of State Attorney General, or some person in apparent charge of his office, two copies thereof and by payment to the Secretary of State Attorney General of the fee prescribed by law. Service upon the Secretary of State Attorney General as attorney is service upon the principal.
(c) The Secretary of State shall immediately forward by certified mail one of the copies of the process or the notice, order, pleading, or process in proceedings before the Department of Insurance to the defendant in the court proceeding or to whom the notice, order, pleading, or process in the administrative proceeding is addressed or directed at its last known principal place of business and shall keep a record of all process so served on him which shall show the day and hour of service. The service is sufficient if:
(1) notice of the service and a copy of the court process or the notice, order, pleading, or process in the administrative proceeding are sent within ten days thereafter by certified mail by the plaintiff or the plaintiff's attorney in the court proceeding or by the Department of Insurance in the administrative proceeding to the defendant in the court proceeding or to whom the notice, order, pleading, or process in the administrative proceeding is addressed or directed at the last known principal place of business of the defendant in the court or administrative proceeding; and
(2) the defendant's receipt or receipts issued by the post office with which the letter is registered, showing the name of the sender of the letter and the name and address of the person or insurer to whom the letter is addressed, and an affidavit of the plaintiff or the plaintiff's attorney in a court proceeding or of the Department of Insurance in an administrative proceeding, showing compliance therewith, are filed with the clerk of court in which the action, suit, or proceeding is pending or with the Department of Insurance in administrative proceedings, by the date the defendant in the court or administrative proceeding is required to appear or respond thereto, or within any further time as the court or the Department of Insurance may allow.
(d) No plaintiff is entitled to a judgment by default, a judgment with leave to prove damages, or a judgment pro confesso in any court or administrative proceeding in which court process or notice, order, pleading, or process in proceedings before the Department of Insurance is served under this section until the expiration of thirty days from the date of filing of the affidavit of compliance.
(e) Nothing in this section limits or affects the right to serve any process, notice, order, or demand upon any person or insurer in any other manner permitted by law."
SECTION 109. Section 15-9-430 of the 1976 Code, as last amended by Section 5, Act 384 of 1994, is further amended to read:
"Section 15-9-430. (a) Each director of a domestic business corporation who is a nonresident of this State at the time of his election or who becomes a nonresident during his term in office, shall by his acceptance of election or by continuing in office as director, be deemed to have appointed the Secretary of State Attorney General as an agent to receive service of process upon him in any action or proceeding relating to actions of such corporation and arising while he held office as director of such corporation.
(b) Service of such process shall be made by delivering to and leaving with the Secretary of State Attorney General, or with any person designated by him to receive such service, duplicate copies of such process. The Secretary of State Attorney General shall thereupon immediately cause one of such copies to be forwarded to the nonresident director by certified mail. Proof of service shall be by affidavit of compliance with this section filed, together with a copy of the process, with the clerk of court in which the action or proceeding is pending.
(c) Service under this section may also be made by delivery of a copy of the process to the nonresident director at his address outside the State. Proof of such delivery shall be made by affidavit of the person making delivery and the affidavit shall be filed with the clerk of court in which the action or proceeding is pending.
(d) The resignation in good faith of any nonresident director, effective as of the date of filing with the Secretary of State Attorney General a notice of his resignation, shall terminate the application to him of the provisions of this section, except for any cause of action already accrued.
(e) Every domestic business corporation which has any director who is or becomes a nonresident of this State after the corporation has filed its most recent annual report pursuant to Section 12-19-20 shall file with the Secretary of State Attorney General the names and addresses of its directors and shall file supplementary reports showing any change of address or residence of any director. The reports must be filed within ten days from the date of election, removal from this State, or change of address of any director. The Secretary of State Attorney General shall compile and maintain a current list, indexed by corporation, of all nonresident directors of domestic business corporations which are listed on such interim filings. Delivery of copies of service as required in subsections (b) and (c) to the nonresident director must be made by delivering the copy to the most recent address on file with the company's most current annual report or any more current interim report which has been filed with the Secretary of State Attorney General pursuant to this subsection.
(f) The Secretary of State Attorney General shall charge a fee of ten dollars to accompany service thereunder."
SECTION 110. Section 15-9-440 of the 1976 Code is amended to read:
"Section 15-9-440. (1) Service on resident trustee constitutes service on all other trustees. -Service upon one resident trustee of an inter vivos trust shall constitute service on all other trustees, resident and nonresident, of the same trust, for the purpose of adjudicating any action or proceeding in a court of this State involving, directly or indirectly, such trust.
(2) Trustee served to notify other trustees. -The resident trustee, so served, shall within five days, give prompt notice to such nonresident trustee and other resident trustee of the action. The failure of notification to the other trustees shall in no way impair the action.
(3) Service on nonresident trustee when there is no resident trustee. -When there is no resident trustee, the nonresident trustee of an inter vivos trust shall be deemed to have consented to the service of any summons, notice or other legal process in connection with any proceeding in the courts of this State involving such trust, directly or indirectly, when served upon the Secretary of State Attorney General, when the trust was created under the laws of this State or, in the case of a foreign trust, when part of the trust property is situated in this State.
(4) Time allowed for answer. -The time within which to answer under the provisions of this section shall be the same as that provided for by law for substituted service.
(5) Penalties. -Any trustee responsible for notifying another trustee, who fails to comply with the provisions of this section, shall be guilty of a misdemeanor and shall, upon conviction, be fined not more than one hundred dollars or imprisoned for not more than thirty days."
SECTION 111. Section 15-9-460 of the 1976 Code is amended to read:
"Section 15-9-460. Service of process on any person who shall have appointed the Secretary of State Attorney General as his agent to accept service under the provisions of Section 46-33-40 may be made by serving such process upon the Secretary of State Attorney General."
SECTION 112. Section 15-63-200 of the 1976 Code is amended to read:
"Section 15-63-200. Upon the rendition of such judgment against a corporation or for the vacating or annulling of letters patent the Attorney General shall cause a copy of the judgment roll to be forthwith filed in the his office of the Secretary of State."
SECTION 113. Section 15-63-210 of the 1976 Code is amended to read:
"Section 15-63-210. The Secretary of State Attorney General shall, upon the filing of a copy of the judgment roll, if the record relates to letters patent, make an entry in the records of his office of the substance and effect of such judgment and of the time when the record thereof was docketed. The real property granted by such letters patent may thereafter be disposed of in the same manner as if such letters patent had never been issued."
SECTION 114. Section 15-78-30(c) of the 1976 Code, as last amended by Act 380 of 1994, is further amended to read:
"(c) Prior to January 1, 1989, 'Employee' means any officer, employee, or agent of the State or its political subdivisions, including elected or appointed officials, law enforcement officers, and persons acting on behalf or in service of a governmental entity in the scope of official duty, whether with or without compensation, but the term does not include an independent contractor doing business with the State or any political subdivision thereof. Custody of prisoners by the State or any of its political subdivisions does not in and of itself create an employer and employee relationship between the State and the prisoner. Provided, the provisions of this section shall in no way limit or modify the liability of a licensed physician or dentist, acting within the scope of his profession.
On or after January 1, 1989, 'Employee' means any officer, employee, or agent of the State or its political subdivisions, including elected or appointed officials, law enforcement officers, and persons acting on behalf or in service of a governmental entity in the scope of official duty, whether with or without compensation, but the term does not include an independent contractor doing business with the State or any political subdivision thereof. Custody of prisoners by the State or any of its political subdivisions does not in and of itself create an employer and employee relationship between the State and the prisoner. Provided, the provisions of this section shall in no way limit or modify the liability of a licensed physician or dentist, acting within the scope of his profession, with respect to any action or claim brought hereunder which involved services for which the physician or dentist was paid, should have been paid, or expected to be paid at the time of the rendering of the services from any source other than the salary appropriated by the governmental entity or fees received from any practice plan authorized by the employer whether or not the practice plan is incorporated and registered with the Secretary of State Department of Commerce."
SECTION 115. Section 15-78-70(c) of the 1976 Code, as last amended by Act 380 of 1994, is amended to read:
"(c) Prior to January 1, 1989, a person, when bringing an action against a governmental entity under the provisions of this chapter, shall name as a party defendant only the agency or political subdivision for which the employee was acting and is not required to name the employee individually, unless the agency or political subdivision for which the employee was acting cannot be determined at the time the action is instituted. In the event that the employee is individually named, the agency or political subdivision for which the employee was acting must be substituted as the party defendant. The provisions of this section may in no way limit or modify the liability of a licensed physician or dentist, acting within the scope of his profession.
On or after January 1, 1989, a person, when bringing an action against a governmental entity under the provisions of this chapter, shall name as a party defendant only the agency or political subdivision for which the employee was acting and is not required to name the employee individually, unless the agency or political subdivision for which the employee was acting cannot be determined at the time the action is instituted. In the event that the employee is individually named, the agency or political subdivision for which the employee was acting must be substituted as the party defendant. The provisions of this section in no way shall limit or modify the liability of a licensed physician or dentist, acting within the scope of his profession, with respect to any action or claim brought hereunder which involved services for which the physician or dentist was paid, should have been paid, or expected to be paid at the time of the rendering of the services from any source other than the salary appropriated by the governmental entity or fees received from any practice plan authorized by the employer whether or not the practice plan is incorporated and registered with the Secretary of State Department of Commerce."
SECTION 116. Section 15-78-120(a)(5) of the 1976 Code, as last amended by Section 4, Act 380 of 1994, is further amended to read:
"(5) The provisions of Section 15-78-120(a)(3) and (a)(4) shall in no way limit or modify the liability of a licensed physician or dentist, acting within the scope of his profession, with respect to any action or claim brought hereunder which involved services for which the physician or dentist was paid, should have been paid, or expected to be paid at the time of the rendering of the services from any source other than the salary appropriated by the governmental entity or fees received from any practice plan authorized by the employer whether or not the practice plan is incorporated and registered with the Secretary of State Department of Commerce."
SECTION 117. Section 16-17-40 of the 1976 Code is amended to read:
"Section 16-17-40. Any corporation or unincorporated association found guilty of the crime of barratry shall be forever barred from doing any business or carrying on any activity within this State, and in the case of a corporation its charter or certificate of domestication shall be summarily revoked by the Secretary of State Department of Commerce."
SECTION 118. Section 17-13-80 of the 1976 Code, as last amended by Section 277, Act 181 of 1993, is further amended to read:
"Section 17-13-80. Whenever a warrant has been issued against a corporation under the provisions of Section 22-3-750 or an indictment has been returned against it under the provisions of Section 17-19-70, a copy of the warrant or indictment, accompanied in the case of an indictment by a notice to such corporation of the term of the court of general sessions at which such case shall be tried, shall be served upon such corporation in the manner provided by law for the service of process in civil actions. And when there is no agent or officer of the company within the county the service shall be made upon such person as is in charge of the property of the corporation and, if no such person can be found, it shall be served upon the Secretary of State Attorney General, who shall transmit a copy of the warrant or indictment and notice by mail to the last known residence of the managing officer of the corporation, directed to such officer; provided, that in the case of a foreign corporation if such foreign corporation have no agent or other officer within the county in which the offense, or some part thereof, has been committed then process shall be served on the person appointed by such corporation to receive service of process as now required by law regulating foreign corporations or upon the Director of the Department of Insurance when by law service of process in civil actions may be made upon the Director of the Department of Insurance and such service shall be made in the same manner provided by law for service of summons in civil actions against such corporations."
SECTION 119. Section 22-1-20 of the 1976 Code is amended to read:
"Section 22-1-20. Before entering upon the discharge of the duties of his office, each magistrate must take in writing the oath of office prescribed in the Constitution before the clerk of the court of common pleas of the county or, in case there be no such clerk, before anyone authorized to administer an oath, and must file the same with the Secretary of State Governor."
SECTION 120. Section 23-7-30 of the 1976 Code is amended to read:
"Section 23-7-30. All special State constables appointed under this chapter shall be required to take the oath prescribed by Article III Section 26 of the Constitution of 1895. Every such special State constable shall give and file in the office of the Secretary of State Governor a surety bond in the penal sum of two thousand dollars conditioned upon the faithful performance of his duties and further conditioned upon the payment of any judgment recovered against him in any court of competent jurisdiction upon a claim or cause of action arising out of a breach or abuse of official duty or power or other unlawful act committed under color of office."
SECTION 121. Section 25-1-330 of the 1976 Code is amended to read:
"Section 25-1-330. Before entering upon his official duties, the Adjutant General shall execute an official bond running to the State in the penal sum of ten thousand dollars, conditioned upon the faithful performance of his duties, such bond to be submitted to the Attorney General for approval and when approved to be filed in the office of the Secretary of State Governor. The cost of such bonds shall be paid from the military fund of the State. The Adjutant General shall obtain and pay for, from the military fund, surety company bonds running to the State, in such amounts as prescribed by the Adjutant General, covering all the officers of the National Guard of South Carolina responsible to the State for money or military property, such bonds to be approved and filed in the same manner as the Adjutant General's bond."
SECTION 122. Section 26-1-10 of the 1976 Code is amended to read:
"Section 26-1-10. The Governor may appoint from the qualified electors as many notaries public throughout the State as the public good shall require, to hold their offices for a term of ten years. A commission shall be issued to each notary public so appointed and the record of such appointment shall be filed in the his office of the Secretary of State. All commissions issued or renewed after July 1, 1967 shall be for the specified term. All commissions issued prior to July 1, 1967, unless renewed for the term herein provided, shall expire and terminate on January 1, 1970 for any person whose last name begins with A through K and on January 1, 1971 for any person whose last name begins with L through Z."
SECTION 123. Section 26-1-20 of the 1976 Code is amended to read:
"Section 26-1-20. Each county legislative delegation shall determine whether the endorsement of notaries public must be by (1) one-half of the members of the legislative delegation representing that county in which the applicant resides or, (2) endorsement by the Senator and Representative in whose district the applicant resides, without other endorsers. Each county legislative delegation shall notify the Secretary of State Governor in writing if it chooses to utilize method (2) within the individual county. If the county legislative delegation chooses to utilize method (2), the applicant, Senator, and Representative shall indicate their respective districts on the application provided to the Secretary of State Governor. If the office of Senator or Representative from that district is vacant at the time the application is submitted, the notary public may be appointed upon the endorsement of a majority of the legislative delegation representing the county in which the applicant resides."
SECTION 124. Section 26-1-30 of the 1976 Code is amended to read:
"Section 26-1-30. The fee for the issuance or renewal of a commission is twenty-five dollars, collected by the Secretary of State Governor as other fees."
SECTION 125. Section 26-1-40 of the 1976 Code is amended to read:
"Section 26-1-40. Every notary public shall take the oath of office prescribed by the Constitution, certified copies of which shall be recorded in the office of the Secretary of State Governor."
SECTION 126. Section 26-1-70 of the 1976 Code is amended to read:
"Section 26-1-70. Any notary public whose name is legally changed during his term of office may apply to the Secretary of State Governor in such manner as may be prescribed by him, and the Secretary of State Governor may change the name of the notary upon proper application and upon payment of a fee of ten dollars. The term expires at the same time as the original term."
SECTION 127. Section 26-1-95 of the 1976 Code is amended to read:
"Section 26-1-95. A notary public who, in his official capacity, falsely certifies to affirming, swearing, or acknowledging of a person or his signature to an instrument, affidavit, or writing is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days. A notary public convicted under the provisions of this section shall forfeit his commission and shall not be issued another commission. The court in which the notary public is convicted shall notify the Secretary of State Governor within ten days after conviction."
SECTION 128. Section 27-15-30 of the 1976 Code is amended to read:
"Section 27-15-30. All the reversionary right, title and interest of this State in and to the Catawba Indian lands, situated in the counties of York and Lancaster, within a boundary of fifteen miles square and which are represented in the plat of survey made by Samuel Wiley, dated February 22, 1764 and now on file in the office of the then Secretary of State, are hereby vested in the persons who may hold such lands as lessees of the Catawba Indians, their heirs and assigns, according to the location of their respective leases."
SECTION 129. Section 27-15-40 of the 1976 Code is amended to read:
"Section 27-15-40. Each lessee of the Catawba Indian lands who shall deposit with the then Secretary of State his lease and also the receipt or receipts of the former tax collector of the county wherein such lands may be situated for such taxes as may have been paid thereon, as heretofore required by law, shall be entitled to locate and receive a grant from the State (in the manner provided by law for granting vacant lands) for the land held by him under lease, upon payment of the usual fees, and thenceforth hold the land so granted in the same right as any other lands granted by this State are held."
SECTION 130. Section 27-16-30(12) of the 1976 Code, as added by Act 142 of 1993, is amended to read:
"(12) 'Settlement Agreement' means the written 'Agreement in Principle' reached between the State and the Tribe and attached to the copy of the act enacting this chapter signed by the Governor and filed with the then Secretary of State."
SECTION 131. Section 27-16-140(C) of the 1976 Code, as added by Act 142 of 1993, is amended to read:
"(C) Whenever possible, this chapter must be construed in a manner consistent with the Settlement Agreement. If there is a conflict between this chapter and the Settlement Agreement, this chapter governs. The Settlement Agreement must be maintained on file and available for public inspection in the Office of the Secretary of State Governor and in the offices of the Clerks of Court for York and Lancaster Counties. Copies must be made available upon request upon the payment of reasonable and normal copying fees."
SECTION 132. Section 27-19-10 of the 1976 Code is amended to read:
"Section 27-19-10. The Secretary of State Governor, in every case when, on his knowledge or belief or on the information of another, certain lands have been escheated to the State by the death of the person last seized in fee simple, either in law or in fact, without leaving any person who can lawfully claim such lands either by purchase or descent from such former proprietor, shall, on such knowledge or information or the order of any court of record, issue his notification of such supposedly escheated lands to one of the judges of the circuit court at least two months previous to the next session of such court to be held in the county where such lands lie."
SECTION 133. Section 27-19-20 of the 1976 Code is amended to read:
"Section 27-19-20. The judge presiding at such court shall cause a jury, being first duly sworn, to proceed and make a true inquest of all such supposedly escheated lands which by the Secretary of State Governor shall be subjected to their investigation and a true verdict made thereon. Thereupon the judge of the court shall certify such verdict, under his hand and the seal of the court, to the Secretary of State Governor who shall record it in a book to be kept by him for that purpose and shall return the original within two months after the date thereof into the office of the clerk of the court, to be there filed and kept as a record thereof."
SECTION 134. Section 27-19-30 of the 1976 Code is amended to read:
"Section 27-19-30. On the return of any inquest of supposedly escheated lands by the Secretary of State Governor into the office of the clerk of the county in which the lands lie, the clerk shall thereupon cause to be advertised, in a newspaper of the county or other nearest gazette, the first week in every month, for six months, a notice containing a particular description of the lands, the name of the person last seized and the supposed time of his death, together with the part of the world in which he was supposed to have been born, and requiring his heirs or others claiming under him to appear and make claim."
SECTION 135. Section 27-19-50 of the 1976 Code is amended to read:
"Section 27-19-50. If any suit for property supposed to be escheated shall be prosecuted by the Secretary of State Governor and the jury before whom the trial shall be had shall think there is no probable cause, the jury shall assess and award to the party aggrieved such damages as they shall think proper."
SECTION 136. Section 27-19-60 of the 1976 Code is amended to read:
"Section 27-19-60. When no claimant shall appear to make title as aforesaid, the Secretary of State Governor shall rent out the escheated lands, if it can be done with advantage to the State, until the process of escheat shall be concluded and the lands sold."
SECTION 137. Section 27-19-70 of the 1976 Code is amended to read:
"Section 27-19-70. If no person shall appear and claim lands within twelve months after the expiration of the time prescribed for advertising, the clerk shall issue process, to be signed by the judge of the circuit court of the county, to the Secretary of State Governor, pronouncing the lands escheated and vested according to law and directing him forthwith to sell and convey them upon the usual notice."
SECTION 138. Section 27-19-80 of the 1976 Code is amended to read:
"Section 27-19-80. As soon as the Secretary of State Governor shall receive the process in Section 27-19-70 mentioned, he shall advertise the sale of such lands in a newspaper of the county or other nearest gazette and also in the most public places of the county in which the lands lie, giving six weeks' public notice, on a credit of twelve months, payable in lawful money. He shall, moreover, take good and sufficient surety and a mortgage of the premises before the title shall be altered or changed."
SECTION 139. Section 27-19-90 of the 1976 Code is amended to read:
"Section 27-19-90. When any such lands shall exceed six hundred acres and can be divided into smaller tracts with advantage to the State in the sale thereof, the Secretary of State Governor shall cause them to be divided in such manner as shall be most beneficial to the State."
SECTION 140. Section 27-19-100 of the 1976 Code is amended to read:
"Section 27-19-100. At any sale of escheated property, if, in his judgment, the property is being sold at a sacrifice, the Secretary of State Governor may buy the land for the State Budget and Control Board or cause it to be so bid in and, upon payment of the costs accrued thereon, may cause the title deed to be made therefor as escheated property to the State Budget and Control Board which shall rent or sell the property in such manner, at such time and upon such terms as, in its judgment, shall be for the best interests of the State and apply the proceeds thereof as directed in Section 27-19-340."
SECTION 141. Section 27-19-210 of the 1976 Code is amended to read:
"Section 27-19-210. When any moneys or other personal estate shall be found in the hands of an executor or administrator, being the property of any person deceased leaving no person entitled to claim and without making disposition of them, the Secretary of State or the Attorney General, on behalf of the State, shall sue for and recover and pay any moneys so recovered into the State Treasury."
SECTION 142. Section 27-19-310 of the 1976 Code is amended to read:
"Section 27-19-310. The duties of escheator are devolved upon the Secretary of State Attorney General as agent of the State Budget and Control Board and as escheator the Secretary of State Attorney General shall act under the direction and control of the State Budget and Control Board and, under the direction of the Board, may use such of the funds and the services of such subagents of the Board as in its discretion may be necessary to efficiency in discovering, renting, litigating and realizing money from escheated lands under existing law."
SECTION 143. Section 27-19-320 of the 1976 Code is amended to read:
"Section 27-19-320. The Secretary of State Attorney General shall not, directly or indirectly, either by himself or any person whomsoever, purchase or be concerned with any person in purchasing any escheated lands, without being subject and liable to the payment of five thousand dollars, to be sued for and recovered in any court of record, one half for the benefit of the informer, who shall sue for and recover such penalty, and the other half to be applied to the use of the State. And such Secretary of State The Attorney General shall also be rendered incapable of holding or exercising any office of trust or emolument therein."
SECTION 144. Section 27-19-330 of the 1976 Code is amended to read:
"Section 27-19-330. When any person shall appear and make title to lands or personal estate, after office found by the jury, the court may assess such reasonable costs and charges as the Secretary of State Attorney General has sustained in promoting the claim of the State."
SECTION 145. Section 27-19-340 of the 1976 Code is amended to read:
"Section 27-19-340. The Secretary of State Attorney General shall turn over to the State Treasurer the net proceeds of escheats after deducting and retaining therefrom for the benefit of the Sinking Fund so much money as in the opinion of the State Budget and Control Board will reimburse the Sinking Fund for moneys and agents' services used and advanced as aforesaid and also any other expense necessarily incurred in executing the law and protecting the interest of the State in the matter of escheats. Costs and expenses incurred as aforesaid on account of agents' services and money advanced or otherwise in one case may be deducted and retained from the proceeds of any other case of escheatment in the discretion of the State Budget and Control Board."
SECTION 146. Section 27-19-360 of the 1976 Code is amended to read:
"Section 27-19-360. A report shall be made annually by the Secretary of State Attorney General, to be included in his annual report, showing the receipts and payments under the provisions of this chapter in each case of escheat, with the items thereof. In case any escheated property be purchased by the State Budget and Control Board, its annual report shall show all resales of such property and all income, rents and profits derived from such property while held by the Board."
SECTION 147. Section 27-19-370 of the 1976 Code is amended to read:
"Section 27-19-370. If the Secretary of State Attorney General shall fail to do his duty, as herein directed, on behalf of the State and any loss or damage shall accrue to the State by his misconduct or fraudulent practices, he shall be responsible for all such loss or damage and the court of common pleas may order a prosecution in the name of the State. A jury shall try the fact and assess the damage and, upon conviction, such Secretary of State Attorney General shall be incapable forever thereafter from holding or exercising any office of trust or profit within this State."
SECTION 148. Section 27-19-390 of the 1976 Code is amended to read:
"Section 27-19-390. The provisions of this chapter are complementary to and not in derogation of the 'Uniform Disposition of Unclaimed Property Act' as contained in the permanent provisions of Chapter 18 of this title. All personal property for which provision is made in that chapter shall be disposed of as therein provided and the Secretary of State Attorney General is relieved of all responsibility assigned to him in this chapter for such property."
SECTION 149. Section 27-40-130 of the 1976 Code is amended to read:
"Section 27-40-130. (a) The circuit courts and magistrate courts of this State shall exercise concurrent jurisdiction over any landlord with respect to any conduct in this State governed by this chapter or with respect to any claim arising from a transaction subject to this chapter. In addition to any other method provided by rule or by statute, personal jurisdiction over a landlord may be acquired in a civil action or proceeding instituted in the court of common pleas or magistrate court by the service of process in the manner provided by this section.
(b) If a landlord is not a resident of this State or is a corporation not authorized to do business in this State and engaged in any conduct in this State governed by this chapter, or engaged in a transaction subject to this chapter, he may designate an agent upon whom service of process may be made in this State. The agent must be a resident of this State or a corporation authorized to do business in this State. The designation must be in writing and filed with the Secretary of State Attorney General. If no designation is made and filed or if process cannot be served in this State upon the designated agent, process may be served upon the Secretary of State Attorney General, but service upon him is not effective unless the plaintiff or petitioner forthwith mails a copy of the process and pleading by registered or certified mail requiring a signed receipt to the defendant or respondent at his last reasonably ascertainable address. An affidavit of compliance with this section must be filed with the court of the county wherein the action is instituted on or before the return day of the process, if any, or within any further time the court allows."
SECTION 150. Section 30-7-10 of the 1976 Code is amended to read:
"Section 30-7-10. All deeds of conveyance of lands, tenements, or hereditaments, either in fee simple or for life, all deeds of trust or instruments in writing conveying estate, creating a trust in regard to the property, or charging or encumbering it, all mortgages or instruments in writing in the nature of a mortgage of any real property, all marriage settlements, or instruments in the nature of a settlement of a marriage, all leases or contracts in writing made between landlord and tenant for a longer period than twelve months, all statutory liens on buildings and lands for materials or labor furnished on them, all statutory liens on ships and vessels, all certificates of renunciation of dower, all contracts for the purchase and sale of real property, all assignments, satisfactions, releases, and contracts in the nature of subordinations, waivers, and extensions of landlords' liens, laborers' liens, sharecroppers' liens, or other liens on real property created by law or by agreement of the parties and generally all instruments in writing conveying an interest in real estate required by law to be recorded in the office of the register of mesne conveyances or clerk of court in those counties where the office of the register of mesne conveyances has been abolished or in the office of the Secretary of State Department of Commerce delivered or executed after July 31, 1934, except as otherwise provided by statute, are valid so as to affect the rights of subsequent creditors (whether lien creditors or simple contract creditors), or purchasers for valuable consideration without notice, only from the day and hour when they are recorded in the office of the register of mesne conveyances or clerk of court of the county in which the real property affected is situated. In the case of a subsequent purchaser of real estate, or in the case of a subsequent lien creditor on real estate for valuable consideration without notice, the instrument evidencing the subsequent conveyance or subsequent lien must be filed for record in order for its holder to claim under this section as a subsequent creditor or purchaser for value without notice, and the priority is determined by the time of filing for record."
SECTION 151. Section 31-1-110 of the 1976 Code is amended to read:
"Section 31-1-110. Any number of natural persons, not less than three, a majority of whom are citizens of the United States, may become a limited dividend housing corporation by subscribing, acknowledging and filing in the office of the Secretary of State Department of Commerce articles of incorporation, hereinafter called 'articles,' setting forth the information required by Chapter 7 of Title 33; except as herein modified or changed."
SECTION 152. Section 31-3-340 of the 1976 Code, as last amended Acts 360 and 361 of 1994, is further amended to read:
"Section 31-3-340. When the council of a municipality adopts a resolution as provided in this chapter, the council shall appoint five persons as commissioners of the authority created for the municipality. However, two additional commissioners may be appointed, for terms of five years, when the authority exercises extraterritorial jurisdiction outside the corporate boundaries of the municipality. These two additional commissioners must reside in the area in which the municipality exercises its extraterritorial jurisdiction. The commissioners who are first appointed must be designated to serve for terms of one, two, three, four, and five years, respectively, from the date of their appointment, but thereafter commissioners must be appointed for a term of office of five years except that all vacancies must be filled for the unexpired term, except that the two additional commissioners for the extraterritorial area must be appointed for terms of five years. No commissioner of an authority may be an officer or employee of the city for which the authority is created. A commissioner shall hold office until his successor has been appointed and has qualified. A certificate of the appointment or reappointment of any commissioner must be filed in the office of the clerk of the circuit court of the county in which the city is located, in the office of the Secretary of State Governor, and in the office of the Secretary of Commerce, and the certificate is conclusive evidence of the due and proper appointment of the commissioner."
SECTION 153. Section 31-3-370 of the 1976 Code, as last amended by Acts 360 and 361 of 1994, is further amended to read:
"Section 31-3-370. For inefficiency, neglect of duty, or misconduct in office a commissioner of an authority may be removed by the council, but a commissioner may be removed only after he has been given a copy of the charges at least ten days before the hearing on it and had an opportunity to be heard in person or by counsel. In the event of the removal of any commissioner a record of the proceedings, together with the charges and findings on it must be filed in the office of the clerk of the circuit court of the county in which the city is located, in the office of the Secretary of State Governor, and in the office of the Secretary of Commerce."
SECTION 154. Section 31-10-30 of the 1976 Code is amended to read:
"Section 31-10-30. (a) Each municipality is authorized to create one or more separate and distinct bodies corporate and politic to be known as a redevelopment commission of the municipality by the passage by the governing body of such municipality of an ordinance creating a commission to function within the territorial limits of the municipality or portion of the municipality; provided, however, no commission may be created with power over the same territorial area as any other commission. Notice of the intent to consider the passage of such ordinance shall be published at least fifteen days prior to first reading of the ordinance creating the commission.
(b) The governing body of a municipality shall not adopt an ordinance pursuant to subsection (a) above unless it finds:
(1) that a blighted area or conservation area exists in whole or in part in such municipality,
(2) that the redevelopment of such areas is necessary in the interest of the public health, safety, morals, or welfare of the residents of such municipality.
(c) The governing body shall cause a certified copy of such ordinance to be filed in the office of the Secretary of State Governor; upon receipt of the certified copy of such ordinance, the Secretary of State Governor shall issue a certificate of incorporation.
(d) In any suit, action, or proceeding involving or relating to the validity or enforcement of any contract or act of a commission, a copy of the certificate of incorporation duly certified by the Secretary of State is admissible in evidence and is conclusive proof of the legal establishment of the commission."
SECTION 155. Section 31-13-30 of the 1976 Code, as last amended by Act 410 of 1992, is further amended to read:
"Section 31-13-30. The Governor shall appoint, with the advice and consent of the Senate, seven persons to be commissioners of the South Carolina State Housing Finance and Development Authority. The seven persons so appointed shall have experience in the fields of mortgage finance, banking, real estate, and home building. The Governor shall appoint a chairman from among the seven commissioners.
The commissioners must be appointed for terms of four years, except that all vacancies must be filled for the unexpired term. A commissioner shall hold office until his successor has been appointed and qualifies. A certificate of the appointment or reappointment of any commissioner must be filed in the office of the Secretary of State Governor and in the office of the Authority, and the certificate is conclusive evidence of the due and proper appointment of the commissioner. The Governor or his designee and the State Commissioner of Health and Environmental Control or his designee from his administrative staff shall serve ex officio as commissioners of the Authority with the same powers as the other commissioners."
SECTION 156. Section 33-1-200 of the 1976 Code is amended to read:
"Section 33-1-200. (a) A document must satisfy the requirements of this section, and of any other section that adds to or varies from these requirements, to be entitled to filing by the Secretary of State Department of Commerce.
(b) Chapters 1 through 20 of this Title must require or permit filing the document in the office of the Secretary of State Department of Commerce.
(c) The document must contain the information required by Chapters 1 through 20 of this Title. It may contain other information as well.
(d) The document must be typewritten or printed.
(e) The document must be in the English language. A corporate name need not be in English if written in English letters or Arabic or Roman numerals, and the certificate of existence required of foreign corporations need not be in English if accompanied by a reasonably authenticated English translation.
(f) The document must be executed:
(1) by the chairman of the board of directors of a domestic or foreign corporation, or by its president, or by another of its officers;
(2) if directors have not been selected or the corporation has not been formed, by an incorporator; or
(3) if the corporation is in the hands of a receiver, trustee, or other court-appointed fiduciary, by that fiduciary.
(g) The person executing the document shall sign it and state beneath or opposite his signature his name and the capacity in which he signs. The document may but need not contain: (1) the corporate seal, (2) an attestation by the secretary or an assistant secretary, and (3) an acknowledgment, verification, or proof.
(h) If the Secretary of State Department of Commerce has prescribed a mandatory form for the document under Section 33-1-210, the document must be in or on the prescribed form.
(i) The document must be delivered to the office of the Secretary of State Department of Commerce for filing and must be accompanied by one exact or conformed copy (except as provided in Sections 33-5-103 and 33-15-109), the correct filing fee, and any franchise tax, license fee, or penalty required by the act or other law."
SECTION 157. Section 33-1-210 of the 1976 Code, as last amended by Section 512, Act 181 of 1993, is further amended to read:
"Section 33-1-210. (a) The Secretary of State Department of Commerce may prescribe and furnish on request forms for:
(1) an application for a certificate of existence,
(2) a foreign corporation's application for a certificate of authority to transact business in this State,
(3) a foreign corporation's application for a certificate of withdrawal, and
(4) in conjunction with the Department of Revenue and Taxation, the annual report. If the Secretary of State Department of Commerce so requires, use of these forms is mandatory. The Secretary of State Department of Commerce, through regulation, may prescribe a mandatory form in regard to any other forms required or permitted by Chapters 1 through 20 of this Title to be filed in his office. All such mandatory forms must comply with all statutory requirements contained in Chapters 1 through 20 of this Title.
(b) The Secretary of State Department of Commerce may prescribe and furnish on request forms for other documents required or permitted to be filed by Chapters 1 through 20 of this Title but their use is not mandatory."
SECTION 158. Section 33-1-220 of the 1976 Code, as last amended by Act 378 of 1994, is further amended to read:
"Section 33-1-220. (a) The Secretary of State Department of Commerce shall collect the following fees when the documents described in this subsection are delivered to him for filing:
DOCUMENT FEE
(1) Articles of incorporation $ 10.00.
(2) Application for use of indistinguishable name $ 10.00.
(3) Application for reserved name $ 10.00.
(4) Notice of transfer of reserved name $ 3.00.
(5) Application for registered name $ 10.00.
(6) Application for renewal of registered name $ 10.00.
(7) Corporation's statement of change of registered agent or registered office or both $ 10.00.
(8) Agent's statement of change of registered office for each affected corporation $ 2.00.
(9) Agent's statement of resignation $ 3.00.
(10) Amendment of articles of incorporation $ 10.00.
(11) Restatement of articles of incorporation with amendment of articles $ 10.00.
(12) Articles of merger or share exchange $ 10.00.
(13) Articles of dissolution $ 10.00.
(14) Articles of revocation of dissolution $ 10.00.
(15) Certificate of administrative dissolution No fee.
(16) Application for reinstatement following administrative dissolution $ 25.00.
(17) Certificate of reinstatement No fee.
(18) Certificate of judicial dissolution No fee.
(19) Application for certificate of authority $ 10.00.
(20) Application for amended certificate of authority $ 10.00.
(21) Application for certificate of withdrawal $ 10.00.
(22) Certificate of revocation of authority to transact business No fee.
(23) Annual report--As provided in Section 12-19-20 Fee Paid
to Tax
Commission
(24) Articles of correction $ 10.00.
(25) Application for certificate of existence or authorization $ 2.00.
(26) Any other document required or permitted to be filed by this act $ 10.00.
(b) The Secretary of State Department of Commerce shall collect a fee of ten dollars each time process is served on him under Chapters 1 through 20 of this Title. The party to a proceeding causing service of process is entitled to recover this fee as costs if he prevails in the proceeding.
(c) The Secretary of State Department of Commerce shall collect the following fees for copying and certifying the copy of any filed document relating to a domestic or foreign corporation:
(1) for copying, one dollar for the first page and fifty cents for each additional page; and
(2) two dollars for the certificate.
(d) Before filing any of the following documents, the Secretary of State Department of Commerce shall collect the following taxes which must be remitted to the State Treasurer for use of the State:
(1) articles of incorporation, one hundred dollars plus the minimum license fee imposed pursuant to Chapter 19 of Title 12;
(2) amendment to articles of incorporation, one hundred dollars;
(3) articles of merger or share exchange, one hundred dollars;
(4) application by a foreign corporation for a certificate of authority to do business in South Carolina, one hundred dollars plus the minimum license fee imposed pursuant to Chapter 19 of Title 12;
(5) amendment by a foreign corporation of its certificate of authority, one hundred dollars."
SECTION 159. Section 33-1-230 of the 1976 Code is amended to read:
"Section 33-1-230. (a) Except as provided in subsection (b) of this section and Section 33-1-240(c), a document accepted for filing is effective:
(1) at the time for filing on the date it is filed, as evidenced by the Secretary of State's Department of Commerce's date and time endorsement on the original document; or
(2) at the time specified in the document as its effective time on the date it is filed.
(b) A document may specify a delayed effective time and date, and if it does so the document becomes effective at the time and date specified. If a delayed effective date but no time is specified, the document is effective at the close of business on that date. A delayed effective date for a document may not be later than the ninetieth day after the date it is filed."
SECTION 160. Section 33-1-240 of the 1976 Code is amended to read:
"Section 33-1-240. (a) A domestic or foreign corporation may correct a document filed by the Secretary of State Department of Commerce if the document (1) contains an incorrect statement or (2) was defectively executed, attested, sealed, verified, or acknowledged.
(b) A document is corrected:
(1) by preparing articles of correction that (i) describe the document (including its filing date) or attach a copy of it to the articles, (ii) specify the incorrect statement and the reason it is incorrect or the manner in which the execution was defective, and (iii) correct the incorrect statement or defective execution; and
(2) by delivering the articles to the Secretary of State Department of Commerce for filing.
(c) Articles of correction are effective on the effective date of the document they correct except as to persons relying on the uncorrected document and adversely affected by the correction. As to those persons, articles of correction are effective when filed."
SECTION 161. Section 33-1-250 of the 1976 Code is amended to read:
"Section 33-1-250. (a) If a document delivered to the office of the Secretary of State Department of Commerce for filing satisfies the requirements of Section 33-1-200, the Secretary of State Department of Commerce shall file it.
(b) The Secretary of State Department of Commerce files a document by stamping or otherwise endorsing 'Filed', together with his name and official title and the date and time of receipt, on both the original and document copy, together with a further endorsement that the document copy is a true copy of the original document. After filing a document, except as provided in Sections 33-5-103 and 33-15-200, the Secretary of State Department of Commerce shall deliver the document copy to the domestic or foreign corporation or its representative and the document copy must be retained as a part of the permanent records of the corporation.
(c) If the Secretary of State Department of Commerce refuses to file a document, he shall return it to the domestic or foreign corporation or its representative within five days after the document was delivered, together with a brief, written explanation of the reason for his refusal.
(d) The Secretary of State's Department of Commerce's duty to file documents under this section is ministerial. His filing or refusing to file a document does not:
(1) affect the validity or invalidity of the document in whole or part;
(2) relate to the correctness or incorrectness of information contained in the document;
(3) create a presumption that the document is valid or invalid or that information contained in the document is correct or incorrect."
SECTION 162. Section 33-1-260 of the 1976 Code is amended to read:
"Section 33-1-260. (a) If the Secretary of State Department of Commerce refuses to file a document delivered to his office for filing, the domestic or foreign corporation may appeal the refusal within thirty days after the return of the document to the Circuit Court of Richland County. The appeal is commenced by petitioning the court to compel filing the document and by attaching to the petition the document and the Secretary of State's Department of Commerce's explanation of his refusal to file.
(b) The court may summarily order the Secretary of State Department of Commerce to file the document or take other action the court considers appropriate.
(c) The court's final decision may be appealed as in other civil proceedings."
SECTION 163. Section 33-1-270 of the 1976 Code is amended to read:
"Section 33-1-270. A certificate attached to a copy of a document filed by the Secretary of State Department of Commerce, bearing his signature (which may be in facsimile) and the seal of this State, is conclusive evidence that the original document is on file with the Secretary of State Department of Commerce and must be taken and received in all courts, public offices, official bodies, and in all proceedings as prima facie evidence of the facts therein stated."
SECTION 164. Section 33-1-280 of the 1976 Code is amended to read:
"Section 33-1-280. (a) Anyone may apply to the Secretary of State Department of Commerce to furnish a certificate of existence for a domestic corporation or a certificate of authorization for a foreign corporation.
(b) A certificate of existence or authorization sets forth:
(1) the domestic corporation's corporate name or the foreign corporation's corporate name used in this State;
(2) that (i) the domestic corporation is duly incorporated under the law of this State, the date of its incorporation, and the period of its duration if less than perpetual; or (ii) the foreign corporation is authorized to transact business in this State;
(3) that all fees, taxes, and penalties owed to the Secretary of State Department of Commerce have been paid;
(4) that the Secretary of State Department of Commerce has not mailed notice to the corporation pursuant to either Section 33-14-210 or 33-15-310 that the corporation is subject to being dissolved or its authority revoked;
(5) that articles of dissolution have not been filed; and
(6) other facts of record in the office of the Secretary of State Department of Commerce that may be requested by the applicant.
(c) Subject to any qualification stated in the certificate, a certificate of existence or authorization issued by the Secretary of State Department of Commerce may be relied upon as conclusive evidence that the domestic or foreign corporation is in existence or is authorized to transact business in this State."
SECTION 165. Section 33-1-290 of the 1976 Code is amended to read:
"Section 33-1-290. (a) A person commits an offense if he signs a document he knows is false in any material respect (including an omission of a material fact necessary in order to make the statements made in light of the circumstances under which they were made, not misleading) with intent that the document be delivered to the Secretary of State Department of Commerce for filing.
(b) An offense under this section is a misdemeanor punishable by a fine of not to exceed five hundred dollars.
(c) Any person who violates subsection (a) is liable to any person who is damaged thereby."
SECTION 166. Section 33-1-300 of the 1976 Code is amended to read:
"Section 33-1-300. The Secretary of State Department of Commerce has the power reasonably necessary to perform the duties required of him by Chapters 1 through 20 of this title."
SECTION 167. Section 33-2-101 of the 1976 Code is amended to read:
"Section 33-2-101. Any person may act as the incorporator of a corporation by delivering articles of incorporation to the Secretary of State Department of Commerce for filing."
SECTION 168. Section 33-2-103 of the 1976 Code is amended to read:
"Section 33-2-103. (a) Unless a delayed effective date is specified, the corporate existence begins when the articles of incorporation are filed.
(b) The Secretary of State's Department of Commerce's filing of the articles of incorporation is conclusive proof that the incorporators satisfied all conditions precedent to incorporation except in a proceeding by the State to cancel or revoke the incorporation or involuntarily dissolve the corporation."
SECTION 169. Section 33-4-101 of the 1976 Code, as last amended by Act 446 of 1990, is further amended to read:
"Section 33-4-101. (a) Except as otherwise authorized by either subsection (f) or (g), a corporate name:
(1) must contain the word 'corporation', 'incorporated', 'company', or 'limited', the abbreviation 'corp.', 'inc.', 'co.', or 'ltd.', or words or abbreviations of like import in another language; and
(2) may not contain language stating or implying that the corporation is organized for a purpose other than that permitted by Section 33-3-101 and its articles of incorporation.
(b) Except as authorized by subsections (c) and (d), a corporate name must be distinguishable upon the records of the Secretary of State Department of Commerce from:
(1) the corporate name of a corporation incorporated or authorized to transact business in this State;
(2) a corporate name reserved or registered under Section 33-4-102 or 33-4-103;
(3) the fictitious name adopted by a foreign corporation authorized to transact business in this State because its real name is unavailable;
(4) the corporate name of a not-for-profit corporation incorporated or authorized to transact business in this State;
(5) the name of a limited partnership authorized to transact business in this State.
(c) A corporation may apply to the Secretary of State Department of Commerce for authorization to use a name that is not distinguishable upon his records from one or more of the names described in subsection (b). The Secretary of State Department of Commerce shall authorize use of the name applied for if:
(1) the other corporation consents to the use in writing and submits an undertaking in form satisfactory to the Secretary of State Department of Commerce to change its name to a name that is distinguishable upon the records of the Secretary of State Department of Commerce from the name of the applying corporation; or
(2) the applicant delivers to the Secretary of State Department of Commerce a certified copy of the final judgment of a court of competent jurisdiction establishing the applicant's right to use the name applied for in this State.
(d) A corporation may use the name (including the fictitious name) of another domestic or foreign corporation that is used in this State if the other corporation is incorporated or authorized to transact business in this State and the proposed user corporation:
(1) has merged with the other corporation;
(2) has been formed by reorganization of the other corporation; or
(3) has acquired all or substantially all of the assets, including the corporate name, of the other corporation.
(e) Chapters 1 through 20 of this title does not control the use of fictitious names.
(f) The following corporations are exempt from subsection (a)(1):
(1) a bank, building and loan association, savings and loan association, insurance company, public utility, and railroad;
(2) a corporation which was organized before January 1, 1964, and whose charter or articles of incorporation on the effective date of this Business Corporation Act of 1988 specified a corporate name that would not meet the requirements of subsection (a) of this section, may continue to use that name as its official name;
(3) nonprofit corporation; and
(4) a professional corporation governed by Chapter 19 of this title, but the name of the professional corporation must comply with Section 33-19-150.
(g) Any corporation incorporated in South Carolina which, prior to the effective date of Chapters 1 through 20 of this Title, filed a renewable certificate with the Secretary of State Department of Commerce adopting an 'assumed name' pursuant to the provisions of Section 33-5-35 in Section 2 of Act 146 of 1981, and which filed assumed name would not meet the requirements of subsection (a) of this section, may continue to use the name as its name until December 31, 1994, at which time the name of the corporation must meet the requirements of subsections (a) and (b) of this section. If necessary to meet the requirements of subsections (a) and (b), the corporation must amend its articles of incorporation prior to December 31, 1994.
If any corporation incorporated in South Carolina prior to the effective date of Chapters 1 through 20 of this Title adopted an assumed name which complies with all of the provisions of subsections (a) and (b), that assumed name, upon filing of amended articles designating such name as the name of the corporation, is the corporation's name.
No certificate of assumed name may be renewed after the effective date of Chapters 1 through 20 of Title 33, and all such certificates, regardless of stated expiration date, automatically expire on December 31, 1994."
SECTION 170. Section 33-4-102 of the 1976 Code, as last amended by Act 3 of 1991, is further amended to read:
"Section 33-4-102. (a) A person may reserve the exclusive use of a corporate name, including a fictitious name for a foreign corporation whose corporate name is not available, by delivering an application to the Secretary of State Department of Commerce for filing. The application must set forth the name and address of the applicant and the name proposed to be reserved. If the Secretary of State Department of Commerce finds that the corporate name applied for is available, he shall reserve the name for the applicant's exclusive use for a nonrenewable one hundred twenty-day period.
(b) The owner of a reserved corporate name may transfer the reservation to another person by delivering to the Secretary of State Department of Commerce a signed notice of the transfer that states the name and address of the transferee.
(c) The name of a corporation administratively dissolved under Section 33-14-210 is not subject to reservation for a period of two years from the date the Secretary of State Department of Commerce sends a copy of the certificate of dissolution to the corporation as provided by Section 33-14-210(b)."
SECTION 171. Section 33-4-103 of the 1976 Code is amended to read:
"Section 33-4-103. (a) A foreign corporation may register its corporate name, or its corporate name with any addition required by Section 33-15-106, if the name is distinguishable upon the records of the Secretary of State Department of Commerce from the corporate names that are not available under Section 33-4-101(b)(3).
(b) A foreign corporation registers its corporate name, or its corporate name with any addition required by Section 33-15-106, by delivering to the Secretary of State Department of Commerce for filing an application:
(1) setting forth its corporate name, or its corporate name with any addition required by Section 33-15-106, the state or country and date of its incorporation, and a brief description of the nature of the business in which it is engaged; and
(2) accompanied by a certificate of existence (or a document of similar import) from the state or country of incorporation.
(c) The name is registered for the applicant's exclusive use upon the effective date of the application.
(d) A foreign corporation whose registration is effective may renew it for successive years by delivering to the Secretary of State Department of Commerce for filing a renewal application, which complies with the requirements of subsection (b), between October first and December thirty-first of the preceding year. The renewal application, when filed, renews the registration for the following calendar year.
(e) A foreign corporation whose registration is effective may qualify thereafter as a foreign corporation under the registered name or consent in writing to the use of that name by a corporation thereafter incorporated under Chapters 1 through 20 of this Title or by another foreign corporation thereafter authorized to transact business in this State. The registration terminates when the domestic corporation is incorporated or the foreign corporation qualifies or consents to the qualification of another foreign corporation under the registered name."
SECTION 172. Section 33-5-102 of the 1976 Code is amended to read:
"Section 33-5-102. (a) A corporation may change its registered office or registered agent by delivering to the Secretary of State Department of Commerce for filing a statement of change that sets forth:
(1) the name of the corporation;
(2) the street address of its current registered office;
(3) if the current registered office is to be changed, the street address of the new registered office;
(4) the name of its current registered agent;
(5) if the current registered agent is to be changed, the name of the new registered agent and the new agent's written consent (either on the statement or attached to it) to the appointment; and
(6) that after the change or changes are made, the street addresses of its registered office and the business office of its registered agent will be identical.
(b) If a registered agent changes the street address of his business office, he may change the street address of the registered office of any corporation for which he is the registered agent by notifying the corporation in writing of the change and signing (either manually or in facsimile) and delivering to the Secretary of State Department of Commerce for filing a statement that complies with the requirements of subsection (a) and recites that the corporation has been notified of the change."
SECTION 173. Section 33-5-103 of the 1976 Code is amended to read:
"Section 33-5-103. (a) A registered agent may resign his agency appointment by signing and delivering to the Secretary of State Department of Commerce for filing the signed original and two exact or conformed copies of a statement of resignation. The statement may include a statement that the registered office is also discontinued.
(b) After filing the statement the Secretary of State Department of Commerce shall mail one copy to the registered office (if not discontinued) and the other copy to the corporation at its principal office.
(c) The agency appointment is terminated, and the registered office discontinued if so provided, on the thirty-first day after the date on which the statement was filed."
SECTION 174. Section 33-6-102 of the 1976 Code is amended to read:
"Section 33-6-102. (a) If the articles of incorporation so provide, the board of directors may determine, in whole or part, the preferences, limitations, and relative rights (within the limits set forth in Section 33-6-101) of (1) any class of shares before the issuance of any shares of that class or (2) one or more series within a class before the issuance of any shares of that series.
(b) Each series of a class must be given a distinguishing designation.
(c) All shares of a series must have preferences, limitations, and relative rights identical with those of other shares of the same series and, except to the extent otherwise provided in the description of the series, with those of other series of the same class.
(d) Before issuing any shares of a class or series created under this section, the corporation must deliver to the Secretary of State Department of Commerce for filing articles of amendment, which are effective without shareholder action, that set forth:
(1) the name of the corporation;
(2) the text of the amendment determining the terms of the class or series of shares;
(3) the date it was adopted; and
(4) a statement that the amendment was duly adopted by the board of directors."
SECTION 175. Section 33-6-310 of the 1976 Code is amended to read:
"Section 33-6-310. (a) A corporation may acquire its own shares, and shares so acquired constitute authorized but unissued shares.
(b) If the articles of incorporation prohibit the reissue of acquired shares, the number of authorized shares is reduced by the number of shares acquired, effective upon amendment of the articles of incorporation.
(c) The board of directors may adopt articles of amendment under this section without shareholder action and deliver them to the Secretary of State Department of Commerce for filing. The articles must set forth:
(1) the name of the corporation;
(2) the reduction of the number of authorized shares, itemized by class and series; and
(3) the total number of authorized shares, itemized by class and series, remaining after reduction of the shares."
SECTION 176. Section 33-10-102 of the 1976 Code is amended to read:
"Section 33-10-102. Unless the articles of incorporation provide otherwise, a corporation's board of directors may adopt one or more amendments to the corporation's articles of incorporation without shareholder action to:
(1) delete the names and addresses of the initial directors;
(2) delete the name and address of the initial registered agent or registered office, if a statement of change is on file with the Secretary of State Department of Commerce;
(3) change each issued and unissued authorized share of an outstanding class into a greater number of whole shares if the corporation has only shares of that class outstanding;
(4) change the corporate name by substituting the word 'corporation', 'incorporated', 'company', 'limited', or the abbreviation 'corp.', 'inc.', 'co.', or 'ltd.' for a similar word or abbreviation in the name or by adding, deleting, or changing a geographical attribution for the name; or
(5) make any other change expressly permitted by Chapters 1 thru 20 of this title to be made without shareholder action."
SECTION 177. Section 33-10-106 of the 1976 Code is amended to read:
"Section 33-10-106. A corporation amending its articles of incorporation shall deliver to the Secretary of State Department of Commerce for filing articles of amendment setting forth:
(1) the name of the corporation;
(2) the text of each amendment adopted;
(3) if an amendment provides for an exchange, reclassification, or cancellation of issued shares, provisions for implementing the amendment if not contained in the amendment itself;
(4) the date of each amendment's adoption;
(5) if an amendment was adopted by the incorporators or board of directors without shareholder action, a statement to that effect and that shareholder action was not required;
(6) if an amendment was approved by the shareholders:
(i) the designation, number of outstanding shares, number of votes entitled to be cast by each voting group entitled to vote separately on the amendment, and number of votes of each voting group indisputably represented at the meeting;
(ii) either the total number of votes cast for and against the amendment by each voting group entitled to vote separately on the amendment or the total number of undisputed votes cast for the amendment by each voting group and a statement that the number cast for the amendment by each voting group was sufficient for approval by that voting group."
SECTION 178. Section 33-10-107 of 1976 Code is amended to read:
"Section 33-10-107. (a) A corporation's board of directors may restate its articles of incorporation with or without shareholder action.
(b) The restatement may include amendments to the articles. If the restatement includes an amendment requiring shareholder approval, it must be adopted as provided in Section 33-10-103.
(c) If the board of directors submits a restatement for shareholder action, the corporation shall notify each shareholder, whether or not entitled to vote, of the proposed shareholders' meeting in accordance with Section 33-7-105. The notice must state also that the purpose, or one of the purposes, of the meeting is to consider the proposed restatement and contain or be accompanied by a copy of the restatement that identifies any amendment or other change it would make in the articles.
(d) A corporation restating its articles of incorporation shall deliver to the Secretary of State Department of Commerce for filing articles of restatement setting forth the name of the corporation (and, if it has been changed, all of its former names), the date of filing of its original articles, and the text of the restated articles of incorporation together with a certificate setting forth:
(1) whether the restatement contains an amendment to the articles requiring shareholder approval and, if it does not, that the board of directors adopted the restatement; or
(2) if the restatement contains an amendment to the articles requiring shareholder approval, the information required by Section 33-10-106.
(e) Duly adopted restated articles of incorporation supersede the original articles of incorporation and all amendments to them.
(f) The Secretary of State Department of Commerce may certify restated articles of incorporation, as the articles of incorporation currently in effect, without including the certificate information required by subsection (d)."
SECTION 179. Section 33-10-108 of the 1976 Code is amended to read:
"Section 33-10-108. (a) A corporation's articles of incorporation may be amended without action by the board of directors or shareholders to carry out a plan of reorganization ordered or decreed by a court of competent jurisdiction under federal statute if the articles of incorporation after amendment contain only provisions required or permitted by Section 33-2-102.
(b) The individual designated by the court shall deliver to the Secretary of State Department of Commerce for filing articles of amendment setting forth:
(1) the name of the corporation;
(2) the text of each amendment approved by the court;
(3) the date of the court's order or decree approving the articles of amendment;
(4) the title of the reorganization proceeding in which the order or decree was entered; and
(5) a statement that the court had jurisdiction of the proceeding under federal statute.
(c) Shareholders of a corporation undergoing reorganization do not have dissenters' rights except as and to the extent provided in the reorganization plan.
(d) This section does not apply after entry of a final decree in the reorganization proceeding even though the court retains jurisdiction of the proceeding for limited purposes unrelated to consummation of the reorganization plan."
SECTION 180. Section 33-11-104 of the 1976 Code is amended to read:
"Section 33-11-104. (a) A parent corporation owning at least ninety percent of the outstanding shares of each class of a subsidiary corporation may merge the subsidiary into itself without approval of the shareholders of the parent or subsidiary.
(b) The board of directors of the parent shall adopt a plan of merger that sets forth the:
(1) names of the parent and subsidiary; and
(2) manner and basis of converting the shares of the subsidiary into shares, obligations, or other securities of the parent or any other corporation or into cash or other property in whole or part.
(c) The parent shall mail a copy or summary of the plan of merger to each shareholder of the subsidiary who does not waive the mailing requirement in writing.
(d) The parent may not deliver articles of merger to the Secretary of State Department of Commerce for filing until at least thirty days after the date it mailed a copy of the plan of merger to each shareholder of the subsidiary who did not waive the mailing requirement.
(e) Articles of merger under this section may not contain amendments to the articles of incorporation of the parent corporation (except for amendments enumerated in Section 33-10-102)."
SECTION 181. Section 33-11-105 of the 1976 Code is amended to read:
"Section 33-11-105. (a) After a plan of merger or share exchange is approved by the shareholders, or adopted by the board of directors if shareholder approval is not required, the surviving or acquiring corporation shall deliver to the Secretary of State Department of Commerce for filing articles of merger or share exchange setting forth:
(1) the plan of merger or share exchange;
(2) if shareholder approval was not required, a statement to that effect;
(3) if approval of the shareholders of one or more corporations party to the merger or share exchange was required:
(i) the designation, number of outstanding shares, and number of votes entitled to be cast by each voting group entitled to vote separately on the plan as to each corporation; and
(ii) either the total number of votes cast for and against the plan by each voting group entitled to vote separately on the plan or the total number of undisputed votes cast for the plan separately by each voting group and a statement that the number cast for the plan by each voting group was sufficient for approval by that voting group.
(b) A merger or share exchange takes effect upon the effective date of the articles of merger or share exchange."
SECTION 182. Section 33-11-107 of the 1976 Code is amended to read:
"Section 33-11-107. (a) Foreign corporations may merge or enter into a share exchange with domestic corporations if:
(1) in a merger, the merger is permitted by the law of the state or country under whose law each foreign corporation is incorporated and each foreign corporation complies with that law in effecting the merger;
(2) in a share exchange, the corporation whose shares are to be acquired is a domestic corporation, whether or not a share exchange is permitted by the law of the state or country under whose law the acquiring corporation is incorporated;
(3) the foreign corporation complies with Section 33-11-105 if it is the surviving corporation of the merger or acquiring corporation of the share exchange; and
(4) each domestic corporation complies with the applicable provisions of Sections 33-11-101 through 33-11-104 and, if it is the surviving corporation of the merger or acquiring corporation of the share exchange, with Section 33-11-105.
(b) Upon the merger or share exchange taking effect, the surviving foreign corporation of a merger and the acquiring foreign corporation of a share exchange is considered to:
(1) appoint the Secretary of State Department of Commerce as its agent for service of process in a proceeding to enforce any obligation or the rights of dissenting shareholders of each domestic corporation party to the merger or share exchange; and
(2) agree that it will pay promptly to the dissenting shareholders of each domestic corporation party to the merger or share exchange the amount, if any, to which they are entitled under Chapter 13.
(c) This section does not limit the power of a foreign corporation to acquire all or part of the shares of one or more classes or series of a domestic corporation through a voluntary exchange or otherwise."
SECTION 183. Section 33-11-108 of the 1976 Code is amended to read:
"Section 33-11-108. (a) A parent corporation owning at least ninety percent of the outstanding shares of each class of a subsidiary corporation may merge itself into the subsidiary without approval of the shareholders of the subsidiary if the plan of merger is submitted to and approved by the shareholders of the parent in accordance with Section 33-11-103.
(b) The board of directors of the parent shall adopt a plan of merger that sets forth the:
(1) names of the parent and subsidiary; and
(2) manner and basis of converting the shares of the parent pro rata into shares of the subsidiary.
(c) The subsidiary shall mail a copy or summary of the plan of merger to each of its shareholders who does not waive the mailing requirement in writing.
(d) The subsidiary may not deliver articles of merger to the Secretary of State Department of Commerce for filing until at least thirty days after the date it mailed a copy of the plan of merger to each of its shareholders who did not waive the mailing requirement.
(e) Articles of merger under this section may not contain amendments to the articles of incorporation of the subsidiary corporation (except for amendments enumerated in Section 33-10-102)."
SECTION 184. Section 33-14-101 of the 1976 Code is amended to read:
"Section 33-14-101. The board of directors or, if the corporation has no directors, a majority of the incorporators of a corporation that has not issued shares or has not commenced business may dissolve the corporation by delivering to the Secretary of State Department of Commerce for filing articles of dissolution that set forth:
(1) the name of the corporation;
(2) the date of its incorporation;
(3) either (i) that none of the corporation's shares has been issued or (ii) that the corporation has not commenced business;
(4) that no debt of the corporation remains unpaid;
(5) that the net assets of the corporation remaining after winding up have been distributed to the shareholders, if shares were issued; and
(6) that a majority of the incorporators or initial directors authorized the dissolution."
SECTION 185. Section 33-14-103 of the 1976 Code is amended to read:
"Section 33-14-103. (a) At any time after dissolution is authorized, the corporation may dissolve by delivering to the Secretary of State Department of Commerce for filing articles of dissolution setting forth:
(1) the name of the corporation;
(2) the names and addresses of its directors;
(3) the names and addresses of its officers;
(4) the date dissolution was authorized;
(5) if dissolution was approved by the shareholders:
(i) the number of votes entitled to be cast on the proposal to dissolve; and
(ii) either the total number of votes cast for and against dissolution or the total number of undisputed votes cast for dissolution and a statement that the number cast for dissolution was sufficient for approval.
(6) If voting by voting groups was required, the information required by item (5) must be provided separately for each voting group entitled to vote separately on the plan to dissolve.
(b) A corporation is dissolved upon the effective date of its articles of dissolution."
SECTION 186. Section 33-14-104 of the 1976 Code is amended to read:
"Section 33-14-104. (a) A corporation may revoke its dissolution within one hundred twenty days of its effective date.
(b) Revocation of dissolution must be authorized in the same manner as the dissolution was authorized unless that authorization permitted revocation by action of the board of directors alone, in which event the board of directors may revoke the dissolution without shareholder action.
(c) After the revocation of dissolution is authorized, the corporation may revoke the dissolution by delivering to the Secretary of State Department of Commerce for filing, articles of revocation of dissolution, together with a copy of its articles of dissolution, that set forth:
(1) the name of the corporation;
(2) the effective date of the dissolution that was revoked;
(3) the date that the revocation of dissolution was authorized;
(4) if the corporation's board of directors (or incorporators) revoked the dissolution, a statement to that effect;
(5) if the corporation's board of directors revoked a dissolution authorized by the shareholders, a statement that revocation was permitted by action by the board of directors alone pursuant to that authorization; and
(6) if shareholder action was required to revoke the dissolution:
(i) the number of votes entitled to be case on the proposal to revoke the dissolution; and
(ii) either the total number of votes cast for and against revocation or the total number of undisputed votes cast for revocation and a statement that the number cast for revocation was sufficient for approval.
(7) If voting by voting groups was required, the information required by item (6) must be separately provided for each voting group entitled to vote separately on the proposal to revoke the dissolution.
(d) Revocation of dissolution is effective upon the effective date of the articles of revocation of dissolution.
(e) When the revocation of dissolution is effective, it relates back to and takes effect as of the effective date of the dissolution and the corporation resumes carrying on its business as if dissolution had never occurred."
SECTION 187. Section 33-14-200 of the 1976 Code, as last amended by Section 513, Act 181 of 1993, is further amended to read:
"Section 33-14-200. (a) The Secretary of State Department of Commerce shall commence a proceeding under Section 33-14-210(a) to dissolve a corporation administratively if:
(1) the corporation does not pay when they are due any franchise taxes, taxes payable under Chapter 7 of Title 12, or penalties imposed by law;
(2) the corporation does not deliver its annual report to the Department of Revenue and Taxation when it is due;
(3) the corporation is without a registered agent or registered office in this State;
(4) the corporation does not notify the Secretary of State Department of Commerce that its registered agent or registered office has been changed, that its registered agent has resigned, or that its registered office has been discontinued; or
(5) the corporation's period of duration stated in its articles of incorporation expires.
(b) The Secretary of State Department of Commerce shall dissolve a corporation under Section 33-14-210(c) if he is notified by the Department of Revenue and Taxation that the corporation has failed to file a required tax return within sixty days of the notice required by Section 12-7-1675."
SECTION 188. Section 33-14-210 of the 1976 Code is amended to read:
"Section 33-14-210. (a) If the Secretary of State Department of Commerce determines that grounds exist under Section 33-14-200(a) for dissolving a corporation, he shall mail written notice of his determination to the corporation.
(b) If the corporation does not correct each ground for dissolution or demonstrate to the reasonable satisfaction of the Secretary of State Department of Commerce that each ground determined by the Secretary of State Department of Commerce does not exist within sixty days after the notice required by subsection (a) was mailed, the Secretary of State Department of Commerce shall dissolve the corporation administratively by signing a certificate of dissolution that recites the grounds for dissolution and its effective date. The Secretary of State Department of Commerce shall file the original of the certificate and send a copy to the corporation by registered or certified mail addressed to its registered agent at its registered office or to the office of the secretary of the corporation at its principal office.
(c) If the Secretary of State Department of Commerce is notified by the Tax Commission that the corporation has failed to file a required tax return within sixty days of the notice required by Section 12-7-1675, the Secretary of State Department of Commerce shall dissolve the corporation administratively by signing a certificate of dissolution that recites the grounds for dissolution and its effective date. The Secretary of State Department of Commerce shall file the original of the certificate and send a copy to the corporation by registered or certified mail addressed to its registered agent at its registered office or to the office of the secretary of the corporation at its principal office.
(d) A corporation dissolved administratively continues its corporate existence but may not carry on any business except that necessary to wind up and liquidate its business and affairs under Section 33-14-105 and notify claimants under Sections 33-14-106 and 33-14-107.
(e) The administrative dissolution of a corporation does not terminate the authority of its registered agent."
SECTION 189. Section 33-14-220 of the 1976 Code, as last amended by Section 514, Act 181 of 1993, is further amended to read:
"Section 33-14-220. (a) A corporation dissolved administratively under Section 33-14-210 may apply to the Secretary of State Department of Commerce for reinstatement at any time after the effective date of dissolution. The application must:
(1) recite the name of the corporation and the effective date of its administrative dissolution;
(2) state that the grounds for dissolution either did not exist or have been eliminated;
(3) state that the corporation's name satisfies the requirements of Section 33-4-101; and
(4) contain a certificate from the South Carolina Department of Revenue and Taxation reciting that all taxes, penalties, and interest owed by the corporation, whether assessed or not, have been paid.
(b) If the Secretary of State Department of Commerce determines that the application contains the information required by subsection (a) and that the information is correct, he shall cancel the certificate of dissolution and prepare a certificate of reinstatement that recites his determination and the effective date of reinstatement, file the original of the certificate, and send a copy to the corporation.
(c) When the reinstatement is effective, it relates back to and takes effect as of the effective date of the administrative dissolution and the corporation resumes carrying on its business as if the administrative dissolution had never occurred."
SECTION 190. Section 33-14-230 of the 1976 Code is amended to read:
"Section 33-14-230. (a) If the Secretary of State Department of Commerce denies a corporation's application for reinstatement following administrative dissolution, he shall send a written notice that explains the reasons for denial to the corporation by registered or certified mail addressed to its registered agent at its registered office or to the office of the secretary of the corporation at its principal office.
(b) The corporation may appeal the denial of reinstatement to the circuit court for Richland County within thirty days after the notice of denial was received. The corporation appeals by petitioning the court to set aside the dissolution and attaching to the petition copies of the Secretary of State's Department of Commerce's certificate of dissolution, the corporation's application for reinstatement, and the Secretary of State's Department of Commerce's notice of denial.
(c) The court may summarily order the Secretary of State Department of Commerce to reinstate the dissolved corporation or may take other action the court considers appropriate.
(d) The court's final decision may be appealed as in other civil proceedings."
SECTION 191. Section 33-14-330 of the 1976 Code is amended to read:
"Section 33-14-330. (a) If after a hearing the court determines that grounds for judicial dissolution described in Section 33-14-300 exist, it may enter a decree dissolving the corporation and specifying the effective date of the dissolution, and the clerk of court shall deliver a certified copy of the decree to the Secretary of State Department of Commerce, who shall file it without charging any fee.
(b) After entering the decree of dissolution, the court shall direct the winding up and liquidation of the corporation's business and affairs in accordance with Section 33-14-105 and the notification of claimants in accordance with Sections 33-14-106 and 33-14-107."
SECTION 192. Section 33-15-101 of the 1976 Code, as last amended by Act 446 of 1990, is further amended to read:
"Section 33-15-101. (a) A foreign corporation may not transact business in this State until it obtains a certificate of authority from the Secretary of State Department of Commerce.
(b) The following activities, among others, do not constitute transacting business within the meaning of subsection (a):
(1) maintaining, defending, or settling any proceeding;
(2) holding meetings of the board of directors or shareholders or carrying on other activities concerning internal corporate affairs;
(3) maintaining bank accounts;
(4) maintaining offices or agencies for the transfer, exchange, and registration of the corporation's own securities or maintaining trustees or depositories with respect to those securities;
(5) selling through independent contractors;
(6) soliciting or obtaining orders, whether by mail or through employees or agents or otherwise, if the orders require acceptance outside this State before they become contracts;
(7) creating or acquiring any indebtedness, mortgages, and security interests in real or personal property;
(8) securing or collecting any debts or enforcing mortgages, security interests, or any other rights in property securing debts;
(9) owning, without more, real or personal property;
(10) conducting an isolated transaction that is completed within thirty days and that is not one in the course of repeated transactions of a like nature;
(11) transacting business in interstate commerce; or
(12) owning and controlling a subsidiary corporation incorporated in or transacting business within this State.
(c) The list of activities in subsection (b) is not exhaustive."
SECTION 193. Section 33-15-103 of the 1976, as last amended by Act 466 of 1994, is further amended to read:
"Section 33-15-103. (a) A foreign corporation may apply for a certificate of authority to transact business in this State by delivering an application to the Secretary of State Department of Commerce for filing. The application must set forth:
(1) the name of the foreign corporation or, if its name is unavailable for use in this State, a corporation name that satisfies the requirements of Section 33-15-106;
(2) the name of the state or country under whose law it is incorporated;
(3) its date of incorporation and period of duration;
(4) the street address of its principal office;
(5) the address of its proposed registered office in this State and the name of its proposed registered agent at that office;
(6) the names and usual business addresses of its current directors and officers;
(7) a statement of the aggregate number of shares which the corporation has authority to issue, itemized by classes and series, if any, within a class.
(b) The foreign corporation shall deliver with the completed application a certificate of existence (or a document of similar import) duly authenticated by the Secretary of State Director of the Department of Commerce or other official having custody or corporate records in the state or country under whose law it is incorporated.
(c) The foreign corporation shall deliver with the completed application the initial annual report of the corporation as specified in Section 12-19-20 by law."
SECTION 194. Section 33-15-104 of the 1976 Code is amended to read:
"Section 33-15-104. (a) A foreign corporation authorized to transact business in this State must obtain an amended certificate of authority from the Secretary of State Department of Commerce if it changes:
(1) its corporate name;
(2) the period of its duration; or
(3) the state or country of its incorporation.
(b) The requirements of Section 33-15-103 for obtaining an original certificate of authority apply to obtaining an amended certificate under this section."
SECTION 195. Section 33-15-106 of the 1976 Code is amended to read:
"Section 33-15-106. (a) Except as authorized by subsection (f), if the corporate name of a foreign corporation does not satisfy the requirements of Section 33-4-101, the foreign corporation to obtain or maintain a certificate of authority to transact business in this State may:
(1) add 'corporation', 'incorporated', 'company', or 'limited' or the abbreviation 'corp.', 'inc.', 'co.', or 'ltd.' to its corporate name for use in this State; or
(2) use a fictitious name in this State if its real name is unavailable and it delivers to the Secretary of State Department of Commerce for filing a copy of the resolution of its board of directors, certified by its secretary, adopting the fictitious name which includes one or more of the words or abbreviations in item (1) of this subsection.
(b) Except as authorized by subsections (c) and (d), the corporate name (including a fictitious name) of a foreign corporation must be distinguishable upon the records of the Secretary of State Department of Commerce from:
(1) the corporate name of a corporation incorporated or authorized to transact business in this State;
(2) a corporate name reserved or registered under Section 33-4-102 or 33-4-103;
(3) the fictitious name of another foreign corporation authorized to transact business in this State; and
(4) the corporate name of a not-for-profit corporation incorporated or authorized to transact business in this State.
(c) A foreign corporation may apply to the Secretary of State Department of Commerce for authorization to use in this State the name of another corporation incorporated or authorized to transact business in this State that is not distinguishable upon his records from the name applied for. The Secretary of State department shall authorize use of the name applied for if:
(1) the other corporation consents to the use in writing and submits an undertaking in form satisfactory to the Secretary of State Department of Commerce to change its name to a name that is distinguishable upon the records of the Secretary of State department from the name of the applying corporation; or
(2) the applicant delivers to the Secretary of State Department of Commerce a certified copy of a final judgment of a court of competent jurisdiction establishing the applicant's right to use the name applied for in this State.
(d) A foreign corporation may use in this State the name (including the fictitious name) of another domestic or foreign corporation that is used in this State if the other corporation is incorporated or authorized to transact business in this State and the foreign corporation has:
(1) merged with the other corporation;
(2) been formed by reorganization of the other corporation; or
(3) acquired all or substantially all of the assets, including the corporate name, of the other corporation.
(e) If a foreign corporation authorized to transact business in this State changes its corporate name to one that does not satisfy the requirements of Section 33-4-101, it may not transact business in this State under the changed name until it adopts a name satisfying the requirements of Section 33-4-101 and obtains an amended certificate of authority under Section 33-15-104.
(f) If any foreign corporation authorized to transact business in South Carolina had filed, prior to the effective date of Chapters 1 thru 20 of this title, a certificate with the then Secretary of State adopting an assumed name pursuant to Section 33-5-35 in Section 2 of Act 146 of 1981 which does not meet the requirements of either Section 33-4-101(a) and (b) or Section 33-15-106(a) through (e) of Chapters 1 thru 20 of this title, it may continue to use the assumed name as its name until December 31, 1994, at which time the name of the corporation must meet the requirements of Chapters 1 thru 20 of this title and, if necessary to meet them, must be adopted by an amended certificate of authority under Section 33-15-104. If any filed assumed name does not meet the requirements of Section 33-4-101(a) and (b), but does meet the requirements of this section, the corporation may continue to use the name in this State as its name and is not required to file the certificate mentioned in item (2) of subsection (a) of this section."
SECTION 196. Section 33-15-108 of the 1976 Code is amended to read:
"Section 33-15-108. (a) A foreign corporation authorized to transact business in this State may change its registered office or registered agent by delivering to the Secretary of State Department of Commerce for filing a statement of change that sets forth:
(1) its name;
(2) the street address of its current registered office;
(3) if the current registered office is to be changed, the street address of its new registered office;
(4) the name of its current registered agent;
(5) if the current registered agent is to be changed, the name of its new registered agent and the new agent's written consent to the appointment either on the statement or attached to it; and
(6) that, after the changes are made, the street addresses of its registered office and the business office of its registered agent will be identical.
(b) If a registered agent changes the street address of his business office, he may change the street address of the registered office of any foreign corporation for which he is the registered agent by notifying the corporation in writing of the change and signing either manually or in facsimile and delivering to the Secretary of State Department of Commerce for filing a statement of change that complies with the requirements of subsection (a) and recites that the corporation has been notified of the change."
SECTION 197. Section 33-15-109 of the 1976 Code is amended to read:
"Section 33-15-109. (a) The registered agent of a foreign corporation may resign his agency appointment by signing and delivering to the Secretary of State Department of Commerce for filing the original and two exact or conformed copies of a statement of resignation. The statement of resignation may include a statement that the registered office is discontinued also.
(b) After filing the statement, the Secretary of State Department of Commerce shall attach the filing receipt to one copy and mail the copy and receipt to the registered office if not discontinued. The Secretary of State department shall mail the other copy to the foreign corporation at its principal office address shown in its most recent annual report.
(c) The agency appointment is terminated, and the registered office discontinued if so provided, on the thirty-first day after the date on which the statement was filed."
SECTION 198. Section 33-15-200 of the 1976 Code is amended to read:
"Section 33-15-200. (a) A foreign corporation authorized to transact business in this State may not withdraw from this State until it obtains a certificate of withdrawal from the Secretary of State Department of Commerce.
(b) A foreign corporation authorized to transact business in this State may apply for a certificate of withdrawal by delivering an application to the Secretary of State Department of Commerce for filing. The application must set forth:
(1) the name of the foreign corporation and the name of the state or country under whose law it is incorporated;
(2) that it is not transacting business in this State and that it surrenders its authority to transact business in this State;
(3) that it revokes the authority of its registered agent to accept service on its behalf and appoints the Secretary of State Director of the Department of Commerce as its agent for service of process in any proceeding based on a cause of action arising during the time it was authorized to transact business in this State;
(4) a mailing address to which the Secretary of State Director of the Department of Commerce may mail a copy of any process served on him under item (3); and
(5) a commitment to notify the Secretary of State director in the future of any change in its mailing address.
(c) After the withdrawal of the corporation is effective, service of process on the Secretary of State Director of the Department of Commerce under this section is service on the foreign corporation. Upon receipt of process, the Secretary of State director shall mail a copy of the process to the foreign corporation at the mailing address set forth under subsection (b)."
SECTION 199. Section 33-15-300 of the 1976 Code, as last amended by Section 516, Act 181 of 1993, is further amended to read:
"Section 33-15-300. (a) The Secretary of State Department of Commerce shall commence a proceeding under Section 33-15-310 to revoke the certificate of authority of a foreign corporation authorized to transact business in this State if:
(1) the foreign corporation does not deliver its annual report to the Department of Revenue and Taxation when due;
(2) the foreign corporation does not pay, when they are due, any franchise taxes, taxes payable under Chapter 7 6 of Title 12, or penalties imposed by this act or other law;
(3) the foreign corporation is without a registered agent or registered office in this State;
(4) the foreign corporation does not inform the Secretary of State Department of Commerce under Section 33-15-108 or 33-15-109 that its registered agent or registered office has changed, that its registered agent has resigned, or that its registered office has been discontinued;
(5) an incorporator, director, officer, or agent of the foreign corporation signed a document he knew was false in any material respect with intent that the document be delivered to the Secretary of State Department of Commerce for filing;
(6) the Secretary of State Department of Commerce receives a duly authenticated certificate from the Secretary of State department or other official having custody of corporate records in the state or country under whose law the foreign corporation is incorporated stating that it has been dissolved or disappeared as the result of a merger.
(b) The Secretary of State Department of Commerce shall proceed under Section 33-15-310(c) to revoke the certificate of authority of a foreign corporation authorized to transact business in this State if he is notified by the Department of Revenue and Taxation that the corporation has failed to file a required tax return within sixty days of the notice required by Section 12-7-1675 law."
SECTION 200. Section 33-15-310 of the 1976 Code, as last amended by Section 517, Act 181 of 1993, is further amended to read:
"Section 33-15-310. (a) If the Secretary of State Department of Commerce determines that grounds exist under Section 33-15-300(a) for revocation of a certificate of authority, he it shall mail written notice of his determination to the foreign corporation.
(b) If the foreign corporation does not correct each ground for revocation or demonstrate to the reasonable satisfaction of the Secretary of State Department of Commerce that each ground determined by the Secretary of State department does not exist within sixty days after the notice required by subsection (a) was mailed, the Secretary of State department shall revoke the foreign corporation's certificate of authority by signing a certificate of revocation that recites the grounds for revocation and its effective date. The Secretary of State department shall file the original of the certificate and send a copy to the foreign corporation by registered or certified mail addressed to its registered agent at its registered office or to the office of the secretary of the corporation at its principal office.
(c) If the Secretary of State Department of Commerce is notified by the Department of Revenue and Taxation that the foreign corporation has failed to file a required tax return within sixty days of the notice required by Section 12-7-1675 law, the Secretary of State department shall revoke the foreign corporation's certificate of authority by signing a certificate of revocation that recites the grounds for revocation and its effective date. The Secretary of State department shall file the original of the certificate and send a copy to the foreign corporation by registered or certified mail addressed to its registered agent at its registered office or to the office of the secretary of the corporation at its principal office.
(d) The authority of a foreign corporation to transact business in this State ceases on the date shown on the certificate revoking its certificate of authority.
(e) The Secretary of State's Department of Commerce's revocation of a foreign corporation's certificate of authority appoints the Secretary of State Director of the Department of Commerce as the foreign corporation's agent for service of process in any proceeding based on a cause of action which arose during the time the foreign corporation was authorized to transact business in this State. Service of process on the Secretary of State Director of the Department of Commerce under this subsection is service on the foreign corporation. Upon receipt of process, the Secretary of State director shall mail a copy of the process to the secretary of the foreign corporation at its principal office shown in its most recent annual report or in any subsequent communication received from the corporation stating the current mailing address of its principal office or, if none is on file, in its application for a certificate of authority.
(f) Revocation of a foreign corporation's certificate of authority does not terminate the authority of the registered agent of the corporation."
SECTION 201. Section 33-15-320 of the 1976 Code is amended to read:
"Section 33-15-320. (a) A foreign corporation may appeal the Secretary of State's Department of Commerce's revocation of its certificate of authority to the Richland County Circuit Court within thirty days after the certificate of revocation was received. The foreign corporation appeals by petitioning the court to set aside the revocation and attaching to the petition copies of its certificate of authority and the Secretary of State's department certificate of revocation.
(b) The court may summarily order the Secretary of State Department of Commerce to reinstate the certificate of authority or may take any other action the court considers appropriate.
(c) The court's final decision may be appealed as in other civil proceedings."
SECTION 202. Section 33-15-330 of the 1976 Code, as last amended by Section 518, Act 181 of 1993, is further amended:
"Section 33-15-330. (A) A foreign corporation whose certificate of authority has been revoked administratively under Section 33-15-310 may apply to the Secretary of State Department of Commerce for reinstatement at any time after the effective date of revocation. The application must:
(1) recite the name of the foreign corporation and the effective date of its administrative revocation;
(2) state that the grounds for revocation either did not exist or have been eliminated;
(3) state that the foreign corporation's name satisfies the requirements of Section 33-4-101;
(4) contain a certificate from the South Carolina Department of Revenue and Taxation stating that all taxes, penalties, and interest owed by the corporation, whether assessed or not, have been paid.
(B) If the Secretary of State Department of Commerce determines that the application contains the information required by subsection (A) and that the information is correct, he it shall cancel the certificate of revocation and prepare a certificate of reinstatement that recites his determination and the effective date of reinstatement, file the original of the certificate, and send a copy to the foreign corporation.
(C) When the reinstatement is effective, it relates back to and takes effect as of the effective date of the administrative revocation and the foreign corporation may resume carrying on its business as if the administrative revocation had never occurred."
SECTION 203. Section 33-19-109 of the 1976 Code is amended to read:
"Section 33-19-109. (a) A person may incorporate a professional corporation by delivering to the Secretary of State Department of Commerce for filing articles of incorporation that state (1) it is a professional corporation and (2) its purpose is to render the specified professional services.
(b) A corporation incorporated under a general law of this State that is not repealed by this chapter may elect professional corporation status by amending its articles of incorporation to comply with subsection (a) and Section 33-19-150."
SECTION 204. Section 33-19-420 of the 1976 Code is amended to read:
"Section 33-19-420. The Attorney General may commence a proceeding under Sections 33-14-300 through 33-14-330 to dissolve a professional corporation if:
(1) the Secretary of State Department of Commerce or a licensing authority with jurisdiction over a professional service described in the corporation's articles of incorporation serves written notice on the corporation under Section 33-1-300 that it has violated or is violating a provision of this chapter;
(2) the corporation does not correct each alleged violation, or demonstrate to the reasonable satisfaction of the Secretary of State Department of Commerce or licensing authority that it did not occur, within sixty days after service of the notice is perfected under Section 33-1-300; and
(3) the Secretary of State Department of Commerce or licensing authority certifies to the Attorney General a description of the violation, that it notified the corporation of the violation, and that the corporation did not correct it, or demonstrate that it did not occur, within sixty days after perfection of service of the notice."
SECTION 205. Section 33-19-500 of the 1976 Code is amended to read:
"Section 33-19-500. (a) Except as provided in subsection (c), a foreign professional corporation may not transact business in this State until it obtains a certificate of authority from the Secretary of State Department of Commerce.
(b) A foreign professional corporation may not obtain a certificate of authority unless:
(1) its corporate name satisfies the requirements of Section 33-19-150;
(2) it is incorporated for one or more of the purposes described in Section 33-19-110; and
(3) all of its shareholders, not less than one-half of its directors, and all of its officers other than its secretary and treasurer, if any, are licensed in one or more states to render a professional service described in its articles of incorporation.
(c) A foreign professional corporation is not required to obtain a certificate of authority to transact business in this State unless it maintains or intends to maintain an office in this State for conduct of business or professional practice."
SECTION 206. Section 33-19-520 of the 1976 Code is amended to read:
"Section 33-19-520. The Secretary of State Department of Commerce administratively may revoke under Sections 33-15-300 through 33-15-320 the certificate of authority of a foreign professional corporation authorized to transact business in this State if a licensing authority with jurisdiction over a professional service described in the corporation's articles of incorporation certifies to the Secretary of State department that the corporation is in violation of a provision of this chapter and describes the violation in the certificate."
SECTION 207. Section 33-19-700 of the 1976 Code is amended to read:
"Section 33-19-700. (a) Except as set forth in subsections (b), (c), (d), and (e), this chapter applies to a professional corporation formed under Act 784 of 1962 in existence on its effective date.
(b) Section 33-19-109 does not apply to professional corporations formed prior to the effective date of this chapter unless and until its articles of association are amended.
(c) Section 33-19-210 does not apply to any share certificates that are issued and outstanding prior to the effective date of this chapter.
(d) Section 33-19-600 does not apply to any professional corporation in existence prior to the effective date of this chapter that was not on that date required to file its articles of association with a licensing authority. Any professional corporation qualifying for this exemption shall file its articles of association with the first annual report required to be filed pursuant to Section 33-19-610.
(e) Within thirty days after the effective date of this chapter, the Secretary of State Department of Commerce shall send to the president of each professional corporation at the association's address as shown in the association's most recent annual report on file in the office of with the Secretary of State Department of Commerce a written notice stating that:
(1) the association is required to file with the Secretary of State Department of Commerce on or before January 1, 1991, a copy of the association's articles of association and all amendments to the articles;
(2) the articles of association may have to be amended on or before January 1, 1991, in order to comply with Chapter 19 of this title;
(3) all future amendments and restatements of the association's articles of association must be filed with the Secretary of State Department of Commerce and must comply with the requirements of this title; and
(4) no amendment or restatement of the association's articles after the effective date of this chapter may be filed in the office of the clerks of court.
(f) A professional corporation in existence on the effective date of this chapter is not in violation of this chapter for failure to file its articles of association with the Secretary of State as required by subsection (e) or to make any amendments to its articles of association required by this chapter or Chapters 1 through 17 of the South Carolina Business Corporation Act of 1988 until January 1, 1991. The failure of a professional corporation to file its articles of association and any necessary amendments to its articles of association by that date does not:
(1) impair the validity of any contract or act of the professional corporation;
(2) prevent the professional corporation from maintaining or defending any action, suit, or proceeding in any court in this State; or
(3) result in any shareholder not being governed by Section 33-19-340 with respect to liability for professional services.
(g) This chapter does not affect an existing or future right or privilege to render professional services through the use of any other form of business entity."
SECTION 208. Section 33-31-120 of the 1976 Code is amended to read:
"Section 33-31-120. (a) A document must satisfy the requirements of this section, and of any other section that adds to or varies these requirements, to be entitled to filing by the Secretary of State Department of Commerce.
(b) This chapter must require or permit filing the document in the office of the Secretary of State Department of Commerce.
(c) The document must contain the information required by this chapter. It may contain other information as well.
(d) The document must be typewritten or printed.
(e) The document must be in the English language. However, a corporate name need not be in English if written in English letters or Arabic or Roman numerals, and the certificate of existence required of foreign corporations need not be in English if accompanied by a reasonably authenticated English translation.
(f) The document must be executed:
(1) by the presiding officer of its board of directors of a domestic or foreign corporation, its president, or by another of its officers;
(2) if directors have not been selected or the corporation has not been formed by an incorporator; or
(3) if the corporation is in the hands of a receiver, trustee, or other court-appointed fiduciary, by that fiduciary.
(g) The person executing a document shall sign it and state beneath or opposite the signature his or her name and the capacity in which he or she signs. The document may, but need not, contain:
(1) the corporate seal;
(2) an attestation by the secretary or an assistant secretary; or
(3) an acknowledgement, verification, or proof.
(h) If the Secretary of State Department of Commerce has prescribed a mandatory form for a document under Section 33-31-121, the document must be in or on the prescribed form.
(i) The document must be delivered to the office of the Secretary of State Department of Commerce for filing and must be accompanied by one exact or conformed copy, except as provided in Sections 33-31-503 and 33-31-1509, the correct filing fee, and any franchise tax, license fee, or penalty required by this chapter or other law."
SECTION 209. Section 33-31-121 of the 1976 Code, as added by Section 1, Act 384 of 1994, is amended to read:
"Section 33-31-121. (a) The Secretary of State Department of Commerce may prescribe and furnish on request forms for:
(1) an application for a certificate of existence;
(2) a foreign corporation's application for a certificate of authority to transact business in South Carolina;
(3) a foreign corporation's application for a certificate of withdrawal; and
(4) the notice of change of principal office. If the Secretary of State Department of Commerce so requires, use of these forms is mandatory.
The Secretary of State department through regulation may prescribe a mandatory form with regard to any other forms required or permitted by Chapter 31, Title 33 to be filed in his office. All mandatory forms must comply with the statutory requirements contained in Chapter 31.
(b) The Secretary of State Department of Commerce may prescribe and furnish on request forms for other documents required or permitted to be filed by this chapter, but their use is not mandatory."
SECTION 210. Section 33-31-122 of the 1976 Code, as added by Section 1, Act 384 of 1994, is amended to read:
"Section 33-31-122. (a) The Secretary of State Department of Commerce shall collect the following fees when the documents described in this subsection are delivered for filing:
(1) Articles of incorporation $25.00
(2) Application for use ofindistinguishable name $10.00
(3) Application for reserved name $10.00
(4) Notice of transfer of reserved name $ 3.00
(5) Application for registered name $10.00
(6) Application for renewal of registered name $10.00
(7) Corporation's statement of change of registered agent or registered office or both $10.00
(8) Agent's statement of change of registered office for each affected corporation $ 2.00
(9) Agent's statement of resignation $ 3.00
(10) Amendment of articles of incorporation $10.00
(11) Restatement of articles of incorporation with amendments $10.00
(12) Articles of merger $10.00
(13) Articles of dissolution $10.00
(14) Articles of revocation of dissolution $10.00
(15) Certificate of administrative dissolution No Fee
(16) Application for reinstatement following administrative dissolution $25.00
(17) Certificate of reinstatement No Fee
(18) Certificate of judicial dissolution No Fee
(19) Application for certificate of authority $10.00
(20) Application for amended certificate of authority $10.00
(21) Application for certificate of withdrawal $10.00
(22) Certificate of revocation of authority to transact business No Fee
(23) Notice of change of principle office $10.00
(24) Articles of correction $10.00
(25) Application for certificate of existence or authorization $10.00
(26) Notification by existing corporation $10.00
(27) Irrevocable election to be governed $25.00
(28) Any other document required or permitted to be filed by this chapter $10.00
(b) The Secretary of State Department of Commerce shall collect a fee of ten dollars each time process is served on him under Chapter 31 of this title. The party to a proceeding causing service of process is entitled to recover this fee as costs if he prevails in the proceeding.
(c) The Secretary of State Department of Commerce shall collect the following fees for copying and certifying the copy of any filed document relating to a domestic or foreign corporation:
(1) for copying, one dollar for the first page and fifty cents for each additional page; and
(2) two dollars for the certificate."
SECTION 211. Section 33-31-123 of the 1976 Code, as added by Section 1, Act 384 of 1994, is amended to read:
"Section 33-31-123. (a) Except as provided in subsection (b), a document is effective:
(1) at the time of filing on the date it is filed, as evidenced by the Secretary of State's Department of Commerce's endorsement on the original document; or
(2) at the time specified in the document as its effective time on the date it is filed.
(b) A document may specify a delayed effective time and date and if it does so the document becomes effective at the time and date specified. If a delayed effective date but no time is specified, the document is effective at the close of business on that date. A delayed effective date for a document may not be later than the ninetieth day after the date filed."
SECTION 212. Section 33-31-124 of the 1976 Code, as added by Section 1, Act 384 of 1994, is amended to read:
"Section 33-31-124. (a) A domestic or foreign corporation may correct a document filed by the Secretary of State Department of Commerce if the document:
(1) contains an incorrect statement; or
(2) was defectively executed, attested, sealed, verified, or acknowledged.
(b) A document is corrected:
(1) by preparing articles of correction that:
(i) describe the document, including its filing date, or attach a copy of it to the articles;
(ii) specify the incorrect statement and the reason it is incorrect or the manner in which the execution was defective; and
(iii) correct the incorrect statement or defective execution; and
(2) by delivering the articles of correction to the Secretary of State Department of Commerce.
(c) Articles of correction are effective on the effective date of the document they correct except as to persons relying on the uncorrected document and adversely affected by the correction. As to those persons, articles of correction are effective when filed."
SECTION 213. Section 33-31-125 of the 1976 Code, as added by Section 1, Act 384 of 1994, is amended to read:
"Section 33-31-125. (a) If a document delivered to the office of the Secretary of State Department of Commerce for filing satisfies the requirements of Section 33-31-120, the Secretary of State department shall file it.
(b) The Secretary of State Department of Commerce files a document by stamping or otherwise endorsing 'filed', together with his name and official title and date and time of receipt, on both the original and document copy, together with a further endorsement that the document is a true copy of the original document. After filing a document, except as provided in Sections 33-31-503 and 33-31-1510, the Secretary of State department shall deliver the document copy to the domestic or foreign corporation or its representative and the document copy must be retained as part of the permanent records of the corporation.
(c) Upon refusing to file a document, the Secretary of State Department of Commerce shall return it to the domestic or foreign corporation or its representative within five days after the document was delivered, together with a brief, written explanation of the reason or reasons for the refusal.
(d) The Secretary of State's Department of Commerce's duty to file documents under this section is ministerial. His Its filing or refusing to file a document does not:
(1) affect the validity or invalidity of the document in whole or in part;
(2) relate to the correctness or incorrectness of information contained in the document; or
(3) except as provided in Section 33-31-127, create a presumption that the document is valid or invalid or that information contained in the document is correct or incorrect."
SECTION 214. Section 33-31-126 of the 1976 Code, as added by Section 1, Act 384 of 1994, is amended to read:
"Section 33-31-126. (a) If the Secretary of State Department of Commerce refuses to file a document delivered for filing to the Secretary of State's department's office, the domestic or foreign corporation may appeal the refusal to the court of common pleas for Richland County. The appeal is commenced by petitioning the court to compel filing the document and by attaching to the petition the document and the Secretary of State's department's explanation of the refusal to file.
(b) The court may summarily order the Secretary of State Department of Commerce to file the document or take other action the court considers appropriate.
(c) The court's final decision may be appealed as in other civil proceedings."
SECTION 215. Section 33-31-127 of the 1976 Code, as added by Section 1, Act 384 of 1994, is amended to read:
"Section 33-31-127. A certificate attached to a copy of a document filed by the Secretary of State Department of Commerce, bearing his the signature of the director of the department, which may be in facsimile, and the seal of this State, is conclusive evidence that the original document is on file with the Secretary of State department and must be taken and received in all courts, public offices, official bodies, and in all proceedings as prima facie evidence of the facts therein stated."
SECTION 216. Section 33-31-128 of the 1976 Code, as added by Section 1, Act 384 of 1994, is amended to read:
"Section 33-31-128. (a) A person may apply to the Secretary of State Department of Commerce to furnish a certificate of existence for a domestic corporation or certificate of authorization for a foreign corporation.
(b) The certificate of existence or authorization sets forth:
(1) the domestic corporation's corporate name or the foreign corporation's corporate name used in this State;
(2) that (i) the domestic corporation is duly incorporated under the law of this State, the date of its incorporation, and the period of its duration if less than perpetual; or (ii) that the foreign corporation is authorized to transact business in this State;
(3) that all fees, taxes, and penalties owed to the Secretary of State Department of Commerce have been paid;
(4) that the Secretary of State Department of Commerce has not mailed notice to the corporation pursuant to either Section 33-31-1421 or 33-31-1531 that the corporation is subject to being dissolved or its authority revoked;
(5) that articles of dissolution have not been filed; and
(6) other facts of record in the office of the Secretary of State Department of Commerce that may be requested by the applicant.
(c) Subject to any qualification stated in the certificate, a certificate of existence or authorization issued by the Secretary of State Department of Commerce may be relied upon as conclusive evidence that the domestic or foreign corporation is in existence or is authorized to transact business in this State."
SECTION 217. Section 33-31-129 of the 1976 Code, as added by Section 1, Act 384 of 1994, is amended to read:
"Section 33-31-129. (a) A person commits an offense if he signs a document he knows is false in any material respect, including an omission of a material fact necessary in order to make the statements made in light of the circumstances under which they were made, not misleading, with intent that the document be delivered to the Secretary of State Department of Commerce for filing.
(b) An offense under this section is a misdemeanor punishable by a fine of not to exceed five hundred dollars.
(c) A person who violates subsection (a) is liable to any person who is damaged by the violation."
SECTION 218. Section 33-31-130 of the 1976 Code is amended to read:
"Section 33-31-130. The Secretary of State Department of Commerce has the power reasonably necessary to perform the duties required of the Secretary of State's department's office by this chapter."
SECTION 219. Section 33-31-140(16) of the 1976 Code is amended to read:
"(16) 'File', 'filed', or 'filing' means filed in the office of the Secretary of State Department of Commerce."
SECTION 220. Section 33-31-201 of the 1976 Code, as added by Section 1, Act 384 of 1994, is amended to read:
"Section 33-31-201. One or more persons may act as the incorporator or incorporators of a corporation by delivering articles of incorporation to the Secretary of State Department of Commerce for filing."
SECTION 221. Section 33-31-203 of the 1976 Code, as added by Section 1, Act 384 of 1994, is amended to read:
"Section 33-31-203. (a) Unless a delayed effective date is specified, the corporate existence begins when the articles of incorporation are filed.
(b) The Secretary of State's Department of Commerce's filing of the articles of incorporation is conclusive proof that the incorporators satisfied all conditions precedent to incorporation except in a proceeding by the State to cancel or revoke the incorporation or involuntarily dissolve the corporation."
SECTION 222. Section 33-31-401 of the 1976 Code, as added by Section 1, Act 384 of 1994, is amended to read:
"Section 33-31-401. (a) A corporate name may not contain language stating or implying that the corporation is organized for a purpose other than that permitted by Section 33-31-301 and its articles of incorporation.
(b) Except as authorized by subsections (c) and (d), a corporate name must be distinguishable upon the records of the Secretary of State Department of Commerce from the name appearing upon the records of the Secretary of State department of any other nonprofit or business corporation, professional corporation, or limited partnership incorporated in, formed in, or authorized to do business in South Carolina, or a name reserved, registered, or otherwise filed upon the records of the Secretary of State department.
(c) A corporation may apply to the Secretary of State Department of Commerce for authorization to use a name that is not distinguishable upon the Secretary of State's department's records from one or more of the names described in subsection (b). The Secretary of State department shall authorize use of the name applied for if:
(1) the other corporation consents to the use in writing and submits an undertaking in form satisfactory to the Secretary of State Department of Commerce to change its name to a name that is distinguishable upon the records of the Secretary of State department from the name of the applying corporation; or
(2) the applicant delivers to the Secretary of State Department of Commerce a certified copy of a final judgment of a court of competent jurisdiction establishing the applicant's right to use the name applied for in this State.
(d) A corporation may use the name, including the fictitious name, of another domestic or foreign business or nonprofit corporation that is used in this State if the other corporation is incorporated or authorized to do business in this State and the proposed user corporation has:
(1) merged with the other corporation;
(2) been formed by reorganization of the other corporation; or
(3) acquired all or substantially all of the assets, including the corporate name, of the other corporation.
(e) Except for allowing foreign corporations to file for a certificate of authority under a fictitious name as provided in Section 33-31-1506, this chapter does not control the use of fictitious names."
SECTION 223. Section 33-31-402 of the 1976 Code, as added by Section 1, Act 384 of 1994, is amended to read:
"Section 33-31-402. (a) A person may reserve the exclusive use of a corporate name including the corporate name of a foreign corporation or its corporate name with any change required by Section 33-31-1506, by delivering an application to the Secretary of State Department of Commerce for filing which shall set forth the name and address of the applicant and the name proposed to be reserved. Upon finding that the corporate name applied for is available, the Secretary of State department shall reserve the name for the applicant's exclusive use for a nonrenewable one hundred twenty-day period.
(b) The owner of a reserved corporate name may transfer the reservation to another person by delivering to the Secretary of State Department of Commerce a signed notice of the transfer that states the name and address of the transferee."
SECTION 224. Section 33-31-403 of the 1976 Code, as added by Section 1, Act 384 of 1994, is amended to read:
"Section 33-31-403. (a) A foreign corporation may register its corporate name, or its corporate name with any change required by Section 33-31-1506, if the name is distinguishable upon the records of the Secretary of State Department of Commerce from the name appearing upon the records of the Secretary of State department of any other nonprofit or business corporation, professional corporation, or limited partnership incorporated in, formed in, or authorized to do business in this State, or a name reserved or registered upon the records of the Secretary of State department.
(b) A foreign corporation registers its corporate name, or its corporate name with any change required by Section 33-31-1506, by delivering to the Secretary of State Department of Commerce an application:
(1) setting forth its corporate name, or its corporate name with any change required by Section 33-31-1506, the state or country and date of its incorporation, a statement that the foreign corporation is not, and has not done business in South Carolina, and a brief description of the nature of the activities in which it is engaged; and
(2) accompanied by a certificate of existence, or a document of similar import, from the state or country of incorporation current within sixty days of delivery, duly authenticated by the official having custody of the corporation records in the state or country under whose law it is incorporated.
(c) The name is registered for the applicant's exclusive use upon the effective date of the application.
(d) A foreign corporation whose registration is effective may renew it for successive years by delivering to the Secretary of State Department of Commerce for filing a renewal application, which complies with the requirements of subsection (b), between October first and December thirty-first of the preceding year. The renewal application renews the registration for the following calendar year.
(e) A foreign corporation whose registration is effective may qualify thereafter as a foreign corporation under that name or consent in writing to the use of that name by a corporation thereafter incorporated under this chapter or by another foreign corporation thereafter authorized to transact business in this State. The registration terminates when the domestic corporation is incorporated or the foreign corporation qualifies or consents to the qualification of another foreign corporation under the registered name."
SECTION 225. Section 33-31-502 of the 1976 Code, as added by Section 1, Act 384 of 1994, is amended to read:
"Section 33-31-502. (a) A corporation may change its registered office or registered agent by delivering to the Secretary of State Department of Commerce for filing a statement of change that sets forth:
(1) the name of the corporation;
(2) the street address, with zip code, of its current registered office;
(3) if the current registered office is to be changed, the street address, including zip code, of the new registered office;
(4) the name of its current registered agent;
(5) if the current registered agent is to be changed, the name of the new registered agent and the new agent's written consent, either on the statement or attached to it, to the appointment; and
(6) that after the change or changes are made, the street addresses of its registered office and the office of its registered agent which will be identical.
(b) If the street address of a registered agent's office is changed, the registered agent may change the street address of the registered office of any corporation for which the registered agent is the registered agent by notifying the corporation in writing of the change and by signing, either manually or in facsimile, and delivering to the Secretary of State Department of Commerce for filing a statement that complies with the requirements of subsection (a) and recites that the corporation has been notified of the change."
SECTION 226. Section 33-31-503 of the 1976 Code, as added by Section 1, Act 384 of 1994, is amended to read:
"Section 33-31-503. (a) A registered agent may resign as registered agent by signing and delivering to the Secretary of State Department of Commerce the original and two exact or conformed copies of a statement of resignation. The statement may include a statement that the registered office is discontinued also.
(b) After filing the statement the Secretary of State Department of Commerce shall mail one copy to the registered office, if not discontinued, and the other copy to the corporation at its principal office as shown in its articles or most recently filed notice of change of principal office.
(c) The agency appointment is terminated, and the registered office discontinued if so provided, on the thirty-first day after the date on which the statement was filed."
SECTION 227. Section 33-31-505 of the 1976 Code, as added by Section 1, Act 384 of 1994, is amended to read:
"Section 33-31-505. If a corporation changes the location of its principal office, the corporation within thirty days shall file a Notice of Change of Principal Office with the Secretary of State Department of Commerce. The Notice of Change of Principal Office shall set forth:
(a) The name of the corporation; and
(b) The current street address with zip code of the corporation's principal office and the former principal office address."
SECTION 228. Section 33-31-704 of the 1976 Code, as added by Section 1, Act 384 of 1994, is amended to read:
"Section 33-31-704. (a) Unless limited or prohibited by the articles or bylaws, action required or permitted by this chapter to be approved by the members may be approved without a meeting of members if the action is approved by members holding at least eighty percent of the voting power. The action must be evidenced by one or more written consents describing the action taken, signed by those members representing at least eighty percent of the voting power, and delivered to the corporation for inclusion in the minutes or filing with the corporate records.
(b) If not otherwise determined under Section 33-31-703 or 33-31-707, the record date for determining members entitled to take action without a meeting is the date the first member signs the consent under subsection (a).
(c) A consent signed under this section has the effect of a meeting vote and may be described as such in any document filed with the Secretary of State Department of Commerce.
(d) Written notice of member approval pursuant to this section must be given to all members who have not signed the written consent. If written notice is required, member approval pursuant to this section is effective ten days after the written notice is given."
SECTION 229. Section 33-31-1001 of the 1976 Code, as added by Section 1, Act 384 of 1994, is amended to read:
"Section 33-31-1001. (a) A corporation may amend its articles of incorporation to add or change a provision that is required or permitted in the articles or to delete a provision not required in the articles. Whether a provision is required or permitted in the articles is determined as of the effective date of the amendment.
(b) A corporation either designated on the records of the Office of the Secretary of State Department of Commerce as a public benefit or religious corporation, or which qualifies as such pursuant to Section 33-31-1707, may amend or restate its articles of incorporation so that it becomes designated as a mutual benefit corporation only if notice, including a copy of the proposed amendment or restatement, has been delivered to the Attorney General at least twenty days before consummation of the amendment or restatement.
(c) Except as provided in Section 33-31-611(c), a member of the corporation does not have a vested property right resulting from any provision in the articles of incorporation or bylaws."
SECTION 230. Section 33-31-1002 of the 1976 Code, as added by Section 1, Act 384 of 1994, is amended to read:
"Section 33-31-1002. (a) Unless the articles provide otherwise, a corporation's board of directors may adopt one or more amendments to the corporation's articles without member approval:
(1) to extend the duration of the corporation if it was incorporated at a time when limited duration was required by law;
(2) to delete the names and addresses of the initial directors;
(3) to delete the name and address of the initial registered agent or registered office, if a statement of change is on file with the Secretary of State Department of Commerce;
(4) to change the corporate name by substituting the word 'corporation', 'incorporated', 'company', 'limited', or the abbreviation 'corp.', 'inc.', 'co.', or 'ltd.', for a similar word or abbreviation in the name, or by adding, deleting, or changing a geographical attribution to the name; or
(5) to make any other change expressly permitted by this chapter to be made by director action;
(6) with respect to a corporation incorporated before the effective date of this chapter, to include, consistent with its purpose, a statement of whether the corporation is a public benefit, mutual benefit, or religious corporation.
(b) If a corporation has no members, or has no members entitled to vote on the amendment to the articles, its incorporators, until directors are chosen, and thereafter its board of directors, may adopt one or more amendments to the corporation's articles subject to any approval required pursuant to Section 33-31-1030. The corporation shall provide notice of any meeting at which an amendment is to be voted upon. The notice must be in accordance with Section 33-31-822(c). The notice also must state that the purpose, or one of the purposes, of the meeting is to consider a proposed amendment to the articles and contain or be accompanied by a copy or summary of the amendment or state the general nature of the amendment. The amendment must be approved by a majority of the directors in office at the time the amendment is adopted."
SECTION 231. Section 33-31-1005 of the 1976 Code, as added by Section 1, Act 384 of 1994, is amended to read:
"Section 33-31-1005. A corporation amending its articles shall deliver to the Secretary of State Department of Commerce articles of amendment setting forth:
(1) the name of the corporation;
(2) the text of each amendment adopted;
(3) the date of each amendment's adoption;
(4) if approval of members was not required, a statement to that effect and a statement that the amendment was approved by a sufficient vote of the board of directors or incorporators;
(5) if approval by members was required:
(i) the designation, number of memberships outstanding, number of votes entitled to be cast by each class entitled to vote separately on the amendment, and number of votes of each class indisputably voting on the amendment; and
(ii) either the total number of votes cast for and against the amendment by each class entitled to vote separately on the amendment or the total number of undisputed votes cast for the amendment by each class and a statement that the number cast for the amendment by each class was sufficient for approval by that class;
(6) if approval of the amendment by some person or persons other than the members, the board, or the incorporators is required pursuant to Section 33-31-1030, a statement that the approval was obtained;
(7) if an amendment provides for an exchange, reclassification, or cancellation of memberships, provisions for implementing the amendment if not contained in the amendment itself must be included in the articles."
SECTION 232. Section 33-31-1006 of the 1976 Code, as added by Section 1, Act 384 of 1994, is amended to read:
"Section 33-31-1006. (a) A corporation's board of directors may restate its articles of incorporation with or without approval by members or any other person.
(b) The restatement may include one or more amendments to the articles. If the restatement includes an amendment requiring approval by the members or any other person, it must be adopted as provided in Section 33-31-1003.
(c) If the restatement includes an amendment requiring approval by members, the board must submit the restatement to the members for their approval.
(d) If the board seeks to have the restatement approved by the members at the membership meeting, the corporation shall notify each of its members of the proposed membership meeting in writing in accordance with Section 33-31-705. The notice must also state that the purpose, or one of the purposes, of the meeting is to consider the proposed restatement and contain or be accompanied by a copy or summary of the restatement that identifies any amendments or other change it would make in the articles.
(e) If the board seeks to have the restatement approved by the members by written ballot or written consent, the material soliciting the approval shall contain or be accompanied by a copy or other change it would make in the articles.
(f) A restatement requiring approval by the members must be approved by the same vote as an amendment to articles under Section 33-31-1003.
(g) If the restatement includes an amendment requiring approval pursuant to Section 33-31-1030, the board must submit the restatement for such approval.
(h) A corporation restating its articles shall deliver to the Secretary of State Department of Commerce articles of restatement setting forth the name of the corporation and the text of the restated articles of incorporation together with a certificate setting forth:
(1) whether the restatement contains an amendment to the articles requiring approval by the members or any other person other than the board of directors and, if it does not, that the board of directors adopted the restatement; or
(2) if the restatement contains an amendment to the articles requiring approval by the members, the information required by Section 33-31-1005; and
(3) if the restatement contains an amendment to the articles requiring approval by a person whose approval is required pursuant to Section 33-31-1030, a statement that the approval was obtained.
(i) Duly adopted restated articles of incorporation supersede the original articles of incorporation and all amendments to them.
(j) The Secretary of State Department of Commerce may certify restated articles of incorporation, as the articles of incorporation currently in effect, without including the certificate information required by subsection (h).
(k) If the restatement provides for an exchange, reclassification, or cancellation of memberships, provisions for implementing the restatement if not contained in the restatement itself must be included in the restated articles.
(l) Restated articles of incorporation shall include all statements required to be included in original articles of incorporation except that no statement is required to be made with respect to the names and addresses of the incorporators or the initial or present registered office or agent."
SECTION 233. Section 33-31-1007 of the 1976 Code, as added by Section 1, Act 384 of 1994, is amended to read:
"Section 33-31-1007. (a) A corporation's articles may be amended without board approval or approval by the members or approval required pursuant to Section 33-31-1030 to carry out a plan of reorganization ordered or decreed by a court of competent jurisdiction under federal statute if the articles after amendment contain only provisions required or permitted by Section 33-31-202.
(b) A corporation's articles may be amended in a proceeding brought by the Attorney General in the court of common pleas for Richland County to correct the statement in the articles of incorporation with regard to whether the corporation is a public benefit or mutual benefit corporation or, subject to the provisions of Section 33-31-180, a religious corporation.
(c) Any individual designated by the court shall deliver to the Secretary of State Department of Commerce articles of amendment setting forth:
(1) the name of the corporation;
(2) the text of each amendment approved by the court;
(3) the date of the court's order or decree approving the articles of amendment;
(4) the title of the reorganization proceeding in which the order or decree was entered; and
(5) a statement that the court had jurisdiction of the proceeding under federal statute.
(d) Subsection (a) does not apply after entry of a final decree in the reorganization proceeding even though the court retains jurisdiction of the proceeding for limited purposes unrelated to consummation of the reorganization plan."
SECTION 234. Section 33-31-1102 of the 1976 Code, as added by Section 1, Act 384 of 1994, is amended to read:
"Section 33-31-1102. (a) Without the prior approval of the court of common pleas of Richland County in a proceeding in which the Attorney General has been given written notice, a public benefit or religious corporation may merge only with:
(1) a public benefit or religious corporation;
(2) a foreign corporation that would qualify under this chapter as a public benefit or religious corporation;
(3) a foreign or domestic business; mutual benefit corporation; or a corporation chartered directly by special act of the General Assembly, a city, county, or other governmental unit other than the Secretary of State Department of Commerce, provided the public benefit or religious corporation is the surviving corporation and continues to be a public benefit or religious corporation after the merger; or,
(4) a foreign or domestic business or mutual benefit corporation, provided that:
(i) on or before the effective date of the merger, assets with a value equal to the greater of the fair market value of the net tangible and intangible assets, including goodwill, of the public benefit corporation or religious corporation or the fair market value of the public benefit corporation or religious corporation if it were to be operated as a business concern are transferred or conveyed to one or more persons who would have received its assets under Section 33-31-1406(a)(5) and (6) had it dissolved;
(ii) it shall return, transfer, or convey any assets held by it upon condition requiring return, transfer, or conveyance, which condition occurs by reason of the merger, in accordance with such condition; and
(iii) the merger is approved by a majority of directors of the public benefit or religious corporation who are not and will not become members or shareholders in or officers, employees, agents, or consultants of the surviving corporation.
(b) At least twenty days before consummation of a merger of a public benefit corporation or a religious corporation pursuant to subsection (a)(4), notice, including a copy of the proposed plan of merger, must be delivered to the Attorney General.
(c) No member of a public benefit or religious corporation may receive or keep anything as a result of a merger other than a membership or membership in the surviving public benefit or religious corporation.
(d) Where approval or consent is required by this section, it must be given if the transaction is consistent with the purposes of the public benefit or religious corporation or is otherwise in the public interest."
SECTION 235. Section 33-31-1104 of the 1976 Code, as added by Section 1, Act 384 of 1994, is amended to read:
"Section 33-31-1104. After a plan of merger is approved by the board of directors of each merging corporation and if required by Section 33-31-1103 by the members and any other persons, the surviving corporation shall deliver to the Secretary of State Department of Commerce articles of merger setting forth:
(1) the plan of merger;
(2) if approval of members was not required, a statement to that effect and a statement that the plan was approved by a sufficient vote of the board of directors of each corporation;
(3) if approval by the members of one or more corporations was required:
(i) the designation, number of memberships outstanding, number of votes entitled to be cast by each class entitled to vote separately on the plan, and number of votes of each class indisputably voting on the plan; and
(ii) either the total number of votes cast for and against the plan by each class entitled to vote separately on the plan or the total number of undisputed votes cast for the plan by each class and a statement that the number cast for the plan by each class was sufficient for approval by that class;
(4) If approval of the plan by some person or persons other than the members of the board is required pursuant to Section 33-31-1103(a)(3), a statement that the approval was obtained;
(5) Unless a delayed effective date is specified, a merger takes effect when the articles of merger are filed."
SECTION 236. Section 33-31-1106 of the 1976 Code, as added by Section 1, Act 384 of 1994, is amended to read:
"Section 33-31-1106. (a) Except as provided in Section 33-31-1102, one or more foreign business or nonprofit corporations may merge with one or more domestic nonprofit corporations if:
(1) the merger is permitted by the law of the state or country under whose law each foreign corporation is incorporated and each foreign corporation complies with that law in effecting the merger;
(2) the foreign corporation complies with Section 33-31-1104 if it is the surviving corporation of the merger; and
(3) each domestic nonprofit corporation complies with the applicable provisions of Sections 33-31-1101 through 33-31-1103 and, if it is the surviving corporation of the merger, with Section 33-31-1104.
(b) Upon the merger taking effect, the surviving foreign business or nonprofit corporation is deemed to have irrevocably appointed the Secretary of State Director of the Department of Commerce as its agent for service of process in any proceeding brought against it."
SECTION 237. Section 33-31-1401 of the 1976 Code, as added by Section 1, Act 384 of 1994, is amended to read:
"Section 33-31-1401. (a) The incorporators of a corporation that has no members and that does not yet have initial directors, upon written consents signed by a majority of the incorporators, or through a vote of a majority of the incorporators at a meeting of the incorporators, subject to any approval required by the articles or bylaws, may dissolve the corporation by delivering to the Secretary of State Department of Commerce articles of dissolution.
(b) The incorporators in approving dissolution shall adopt a plan of dissolution indicating to whom the assets owned or held by the corporation will be distributed after all creditors have been paid."
SECTION 238. Section 33-31-1403 of the 1976 Code, as added by Section 1, Act 384 of 1994, is amended to read:
"Section 33-31-1403. (a) A public benefit or religious corporation shall give the Attorney General written notice that it intends to dissolve at or before the time it delivers articles of dissolution to the Secretary of State Department of Commerce. The notice shall include a copy or summary of the plan of dissolution.
(b) No assets may be transferred or conveyed by a public benefit or religious corporation as part of the dissolution process until twenty days after it has given the written notice required by subsection (a) to the Attorney General or until the Attorney General has consented in writing to the dissolution, or indicated in writing that he will take no action in respect to the transfer or conveyance, whichever is earlier.
(c) When all or substantially all of the assets of a public benefit corporation have been transferred or conveyed following approval of dissolution, the board shall deliver to the Attorney General a list showing those, other than creditors, to whom the assets were transferred or conveyed. The list shall indicate the addresses of each person, other than creditors, who received assets and indicate what assets each received."
SECTION 239. Section 33-31-1404 of the 1976 Code, as added by Section 1, Act 384 of 1994, is amended to read:
"Section 33-31-1404. (a) At any time after dissolution is authorized, the corporation may dissolve by delivering to the Secretary of State Department of Commerce articles of dissolution setting forth:
(1) the name of the corporation;
(2) the date dissolution was authorized;
(3) a statement that dissolution was approved by a sufficient vote of the board, or incorporators if dissolution is pursuant to Section 33-31-1401;
(4) if approval of members was not required, a statement to that effect and a statement that dissolution was approved by a sufficient vote of the board of directors or incorporators;
(5) if approval by members was required:
(i) the designation, number of memberships outstanding, number of votes entitled to be cast by each class entitled to vote separately on dissolution, and number of votes of each class indisputably voting on dissolution; and
(ii) either the total number of votes cast for and against dissolution by each class entitled to vote separately on dissolution or the total number of undisputed votes cast for dissolution by each class and a statement that the number cast for dissolution by each class was sufficient for approval by that class;
(6) if approval of dissolution by some person or persons other than the members, the board, or the incorporators is required pursuant to Section 33-31-1402(a)(3), a statement that the approval was obtained; and
(7) if the corporation is a public benefit or religious corporation, that the notice to the Attorney General required by Section 33-31-1403(a) has been given.
(b) A corporation is dissolved upon the effective date of its articles of dissolution."
SECTION 240. Section 33-31-1405 of the 1976 Code, as added by Act 384 of 1994, is amended to read:
"Section 33-31-1405. (a) A corporation may revoke its dissolution within one hundred twenty days of its effective date.
(b) Revocation of dissolution must be authorized in the same manner as the dissolution was authorized unless that authorization permitted revocation by action of the board of directors alone, in which event the board of directors may revoke the dissolution without action by the members or any other person.
(c) After the revocation of dissolution is authorized, the corporation may revoke the dissolution by delivering to the Secretary of State Department of Commerce for filing articles of revocation of dissolution, together with a copy of its articles of dissolution, that set forth:
(1) the name of the corporation;
(2) the effective date of the dissolution that was revoked;
(3) the date that the revocation of dissolution was authorized;
(4) if the corporation's board of directors, or incorporators, revoked the dissolution, a statement to that effect;
(5) if the corporation's board of directors revoked a dissolution authorized by the members alone or in conjunction with another person, a statement that revocation was permitted by action by the board of directors alone pursuant to that authorization; and
(6) if member or third person action was required to revoke the dissolution, the information required by Section 33-31-1404(a)(5) and (6).
(d) Revocation of dissolution is effective upon the effective date of the articles of revocation of dissolution.
(e) When the revocation of dissolution is effective, it relates back to and takes effect as of the effective date of the dissolution and the corporation resumes carrying on its activities as if dissolution had never occurred."
SECTION 241. Section 33-31-1420 of the 1976 Code, as added by Act 384 of 1994, is amended to read:
"Section 33-31-1420. The Secretary of State Department of Commerce may commence a proceeding under Section 33-31-1421 to administratively dissolve a corporation if the:
(1) corporation does not deliver a report of change of principal office when due;
(2) corporation is without a registered agent or registered office in this State;
(3) corporation does not notify the Secretary of State Department of Commerce that its registered agent or registered office has been changed, that its registered agent has resigned, or that its registered office has been discontinued;
(4) corporation's period of duration, if any, stated in its articles of incorporation expires; or
(5) corporation has been adjudicated bankrupt pursuant to Chapter 7 of the United States Bankruptcy Code."
SECTION 242. Section 33-31-1421 of the 1976 Code, as added by Act 384 of 1994, is amended to read:
"Section 33-31-1421. (a) Upon determining that one or more grounds exist under Section 33-31-1420(a) for dissolving a corporation, the Secretary of State Department of Commerce may serve the corporation with written notice of that determination under Section 33-31-504, and in the case of a public benefit corporation shall also notify the Attorney General in writing.
(b) If the corporation does not correct each ground for dissolution or demonstrate to the reasonable satisfaction of the Secretary of State Department of Commerce that each ground determined by the Secretary of State department does not exist within at least sixty days after service of the notice is perfected under Section 33-31-504, the Secretary of State department shall administratively dissolve the corporation by signing a certificate of dissolution that recites the ground or grounds for dissolution and its effective date. The Secretary of State department shall file the original of the certificate and serve a copy on the corporation under Section 33-31-504, and in the case of a public benefit or religious corporation shall notify the Attorney General in writing.
(c) A corporation administratively dissolved continues its corporate existence but may not carry on any activities except those necessary to wind up and liquidate its affairs under Section 33-31-1406 and notify its claimants under Sections 33-31-1407 and 33-31-1408.
(d) The administrative dissolution of a corporation does not terminate the authority of its registered agent."
SECTION 243. Section 33-31-1422 of the 1976 Code, as added by Act 384 of 1994, is amended to read:
"Section 33-31-1422. (a) A corporation administratively dissolved under Section 33-31-1421 may apply to the Secretary of State Department of Commerce for reinstatement within two years after the effective date of dissolution. The application must:
(1) recite the name of the corporation and the effective date of its administrative dissolution;
(2) state that the ground or grounds for dissolution either did not exist or have been eliminated;
(3) state that the corporation's name satisfies the requirements of Section 33-31-401.
(b) If the Secretary of State Department of Commerce determines that the application contains the information required by subsection (a) and that the information is correct, the Secretary of State department shall cancel the certificate of dissolution and prepare a certificate of reinstatement reciting that determination and the effective date of reinstatement, file the original of the certificate, and serve a copy on the corporation under Section 33-31-504.
(c) When reinstatement is effective, it relates back to and takes effect as of the effective date of the administrative dissolution and the corporation shall resume carrying on its activities as if the administrative dissolution had never occurred."
SECTION 244. Section 33-31-1423 of the 1976 Code, as added by Act 384 of 1994, is amended to read:
"Section 33-31-1423. (a) The Secretary of State Department of Commerce, upon denying a corporation's application for reinstatement following administrative dissolution, shall serve the corporation by registered or certified mail addressed to its registered agent at its registered office or to the office of the secretary of the corporation at its principal office with a written notice that explains the reason or reasons for denial.
(b) The corporation may appeal the denial of reinstatement to the court of common pleas for Richland County within thirty days after service of the notice of denial is perfected. The corporation appeals by petitioning the court to set aside the dissolution and attaching to the petition copies of the Secretary of State's Department of Commerce's certificate of dissolution, the corporation's application for reinstatement, and the Secretary of State's department's notice of denial.
(c) The court may summarily order the Secretary of State Department of Commerce to reinstate the dissolved corporation or may take other action the court considers appropriate.
(d) The court's final decision may be appealed as in other civil proceedings."
SECTION 245. Section 33-31-1433 of the 1976 Code, as added by Act 384 of 1994, is amended to read:
"Section 33-31-1433. (a) If after a hearing the court determines that one or more grounds for judicial dissolution described in Section 33-31-1430 exist, it may enter a decree dissolving the corporation and specifying the effective date of the dissolution, or may order any other form of relief which it deems proper in the circumstances, and the clerk of the court shall deliver a certified copy of the decree to the Secretary of State Department of Commerce, who shall file it without charging a fee.
(b) After entering the decree of dissolution, the court shall direct the winding up and liquidation of the corporation's affairs in accordance with Section 33-31-1406 and the notification of its claimants in accordance with Sections 33-31-1407 and 33-31-1408."
SECTION 246. Section 33-31-1501 of the 1976 Code, as added by Act 384 of 1994, is amended to read:
"Section 33-31-1501. (a) A foreign corporation may not transact business in this State until it obtains a certificate of authority from the Secretary of State Department of Commerce.
(b) The following activities, among others, do not constitute transacting business within the meaning of subsection (a):
(1) maintaining, defending, or settling any proceeding;
(2) holding meetings of the board of directors or members or carrying on other activities concerning internal corporate affairs;
(3) maintaining bank accounts;
(4) maintaining offices or agencies for the transfer, exchange, and registration of memberships or securities or maintaining trustees or depositaries with respect to those securities;
(5) selling through independent contractors;
(6) soliciting or obtaining orders, whether by mail or through employees or agents or otherwise, if the orders require acceptance outside this State before they become contracts;
(7) creating or acquiring indebtedness, mortgages, and security interests in real or personal property;
(8) securing or collecting debts or enforcing mortgages and security interests or any other rights in property securing the debts;
(9) owning, without more, real or personal property;
(10) conducting an isolated transaction that is completed within thirty days and that is not one in the course of repeated transactions of a like nature;
(11) transacting business in interstate commerce;
(12) soliciting those contributions as are defined in Section 33-55-20(3) or any succeeding statute of like tenor and effect.
(b) The list of activities in subsection (b) is not exhaustive."
SECTION 247. Section 33-31-1503 of the 1976 Code, as added by Act 384 of 1994, is amended to read:
"Section 33-31-1503. (a) A foreign corporation may apply for a certificate of authority to transact business in this State by delivering an application to the Secretary of State Department of Commerce. The application must set forth:
(1) the name of the foreign corporation or, if its name is unavailable for use in this State, a corporate name that satisfies the requirements of Section 33-31-1506;
(2) the name of the state or country under whose law it is incorporated;
(3) the date of incorporation and period of duration;
(4) the street address, including zip code, of its principal office;
(5) the street address, including zip code, of its proposed registered office in this State and the name of its proposed registered agent at that office;
(6) the names and usual business addresses, including zip codes, of its current directors and officers;
(7) whether the foreign corporation has members; and
(8) whether the corporation, if it had been incorporated in this State, would be a public benefit, mutual benefit or religious corporation.
(b) The foreign corporation shall deliver with the completed application a certificate of existence, or a document of similar import, duly authenticated by the Secretary of State Department of Commerce or other official having custody of corporate records in the state or country under whose law it is incorporated within sixty days of the date that it is filed in this State."
SECTION 248. Section 33-31-1504 of the 1976 Code, as added by Act 384 of 1994, is amended to read:
"Section 33-31-1504. (a) A foreign corporation authorized to transact business in this State must obtain an amended certificate of authority from the Secretary of State Department of Commerce if it changes:
(1) its corporate name;
(2) the period of its duration; or
(3) the state or country of its incorporation.
(b) The requirements of Section 33-31-1503 for obtaining an original certificate of authority apply to obtaining an amended certificate under this section."
SECTION 249. Section 33-31-1506 of the 1976 Code, as added by Act 384 of 1994, is amended to read:
"Section 33-31-1506. (a) If the corporate name of a foreign corporation does not satisfy the requirements of Section 33-31-401, the foreign corporation, to obtain or maintain a certificate of authority to transact business in this State, may use a fictitious name to transact business in this State if its real name is unavailable and it delivers to the Secretary of State Department of Commerce for filing a copy of the resolution of its board of directors, certified by its secretary, adopting the fictitious name.
(b) Except as authorized by subsections (c) and (d), the corporate name, including a fictitious name, of a foreign corporation must be distinguishable upon the records of the Secretary of State Department of Commerce from the name appearing upon the records of the Secretary of State department of any other nonprofit corporation, business corporation, professional corporation, or limited partnership incorporated in, formed in, or authorized to do business in this State, or a name reserved, registered, or otherwise filed upon the records of the Secretary of State department.
(c) A foreign corporation may apply to the Secretary of State Department of Commerce for authorization to use in this State the name of another corporation, incorporated or authorized to transact business in this State, that is not distinguishable upon the records of the Secretary of State department from the name applied for. The Secretary of State department shall authorize use of the name applied for if:
(1) the other corporation consents to the use in writing and submits an undertaking in form satisfactory to the Secretary of State Department of Commerce to change its name to a name that is distinguishable upon the records of the Secretary of State department from the name of the applying corporation; or
(2) the applicant delivers to the Secretary of State Department of Commerce a certified copy of a final judgment of a court of competent jurisdiction establishing the applicant's right to use the name applied for in this State.
(d) A foreign corporation may use in this State the name, including the fictitious name, of another domestic or foreign business or nonprofit corporation that is used in this State if the other corporation is incorporated or authorized to transact business in this State and the foreign corporation:
(1) has merged with the other corporation;
(2) has been formed by reorganization of the other corporation; or
(3) has acquired all or substantially all of the assets, including the corporate name, of the other corporation.
(e) If a foreign corporation authorized to transact business in this State changes its corporate name to one that does not satisfy the requirements of Section 33-31-401, it may not transact business in this State under the changed name until it adopts a name satisfying the requirements of Section 33-31-401 and obtains an amended certificate of authority under Section 33-31-1504."
SECTION 250. Section 33-31-1508 of the 1976 Code, as added by Act 384 of 1994, is amended to read:
"Section 33-31-1508. (a) A foreign corporation authorized to transact business in this State may change its registered office or registered agent by delivering to the Secretary of State Department of Commerce for filing a statement of change that sets forth:
() the name of the corporation;
() the street address of its current registered office;
() if the current registered office is to be changed, the street address of its new registered office;
() the name of its current registered agent;
() if the current registered agent is to be changed, the name of its new registered agent and the new agent's written consent, either on the statement or attached to it, to the appointment; and
() that after the change or changes are made, the street addresses of its registered office and the office of its registered agent will be identical.
(b) If the street address of a registered agent's office is changed, the registered agent may change the street address of the registered office of any corporation for which the registered agent is the registered agent by notifying the corporation in writing of the change and by signing, either manually or in facsimile, and delivering to the Secretary of State Department of Commerce for filing a statement that complies with the requirements of subsection (a) and recites that the corporation has been notified of the change."
SECTION 251. Section 33-31-1509 of the 1976 Code, as added by Act 384 of 1994, is amended to read:
"Section 33-31-1509. (a) The registered agent of a foreign corporation may resign as agent by signing and delivering to the Secretary of State Department of Commerce the original and two exact or conformed copies of a statement of resignation. The statement may include a statement that the registered office is also discontinued.
(b) After filing the statement, the Secretary of State Department of Commerce shall mail one copy to the registered office, if not discontinued, and the other copy to the corporation at its principal office as shown in its application for certificate of authority or most recent notice of change of principal office.
(c) The agency appointment is terminated, and the registered office discontinued if so provided, on the thirty-first day after the date on which the statement was filed."
SECTION 252. Section 33-31-1515 of the 1976 Code, as added by Act 384 of 1994, is amended to read:
"Section 33-31-1515. If a foreign corporation changes the location of its principal office, then within thirty days of the date of the change the corporation shall file a notice of change of principal office with the Secretary of State Department of Commerce. The notice of change shall set forth:
(1) the name of the corporation; and
(2) the current street address, with zip code, of the corporation's principal office and the address of the former principal office."
SECTION 253. Section 33-31-1520 of the 1976 Code, as added by Act 384 of 1994, is amended to read:
"Section 33-31-1520. (a) A foreign corporation authorized to transact business in this State may not withdraw from this State until it obtains a certificate of withdrawal from the Secretary of State Department of Commerce.
(b) A foreign corporation authorized to transact business in this State may apply for a certificate of withdrawal by delivering an application to the Secretary of State Department of Commerce for filing. The application must set forth:
(1) the name of the foreign corporation and the name of the state or country under whose law it is incorporated;
(2) that it is not transacting business in this State and that it surrenders its authority to transact business in this State;
(3) that it revokes the authority of its registered agent to accept service on its behalf and appoints the Secretary of State Director of the Department of Commerce as its agent for service of process in any proceeding based on a cause of action arising during the time it was authorized to do business in this State;
(4) a mailing address to which the Secretary of State Director of the Department of Commerce may mail a copy of any process served on him under item (3); and
(5) a commitment to notify the Secretary of State Department of Commerce during the six years following the delivery of the certificate of withdrawal of any change in the mailing address.
(c) After the withdrawal of the corporation is effective, service of process on the Secretary of State Director of the Department of Commerce under this section is service on the foreign corporation. Upon receipt of process, the Secretary of State director shall mail a copy of the process to the foreign corporation at the post office address set forth in its application for withdrawal."
SECTION 254. Section 33-31-1530 of the 1976 Code, as added by Act 384 of 1994, is amended to read:
"Section 33-31-1530. (a) The Secretary of State Department of Commerce may commence a proceeding under Section 33-31-1531(a) to revoke the certificate of authority of a foreign corporation authorized to transact business in this State if:
(1) the foreign corporation does not deliver a notice of change of principal office when due;
(2) the foreign corporation is without a registered agent or registered office in this State;
(3) the foreign corporation does not inform the Secretary of State department that its registered agent or registered office has been changed, that its registered agent has resigned, or that its registered office has been discontinued;
(4) the corporation's period of duration, if any, stated in its articles of incorporation expires;
(5) the Secretary of State department receives a duly authenticated certificate from the Secretary of State or other official having custody of corporate records in the state or country under whose law the foreign corporation is incorporated stating that it has been dissolved or disappeared as the result of a merger; or,
(6) that the corporation has been adjudicated bankrupt pursuant to Chapter 7 of the United States Bankruptcy Code.
(b) The Richland County Court of Common Pleas under Section 33-31-1531(b) may revoke the certificate of authority of a foreign corporation authorized to transact business in this State in a proceeding by the Attorney General if it is established that:
(1) the corporation obtained its articles of incorporation through fraud;
(2) the corporation has continued to exceed or abuse the authority conferred upon it by law;
(3) the corporation is a public benefit corporation and the assets are being misapplied or wasted;
(4) the corporation is a public benefit corporation and it is no longer able to carry out its purposes;
(5) the corporation has improperly solicited money or has fraudulently used the money solicited; or,
(6) the corporation has carried on, conducted, or transacted its business or affairs in a persistently fraudulent or illegal manner.
The enumeration of the grounds in items (1) through (6) revoking the authority shall not exclude actions or special proceedings by the Attorney General or other state official for revoking the authority of a foreign nonprofit corporation for other causes as provided in this chapter or in any other statute of this State."
SECTION 255. Section 33-31-1531 of the 1976 Code, as added by Act 384 of 1994, is amended to read:
"Section 33-31-1531. (a) Upon determining that one or more grounds exist under Section 33-31-1530(a) to revoke a certificate of authority of a foreign nonprofit corporation, the Secretary of State Department of Commerce may serve the foreign corporation with written notice of that determination pursuant to Section 33-31-1510.
If the foreign corporation does not correct each ground for revocation or demonstrate to the reasonable satisfaction of the Secretary of State department that each ground for revocation determined by the Secretary of State department does not exist within sixty days after service of the notice is perfected under Section 33-31-1510, the Secretary of State department shall revoke the foreign corporation's certificate of authority by signing a certificate of revocation that recites the ground or grounds for revocation and its effective date. The Secretary of State department shall file the original of the certificate and serve a copy on the foreign corporation under Section 33-31-1510 and, in the case of a public benefit corporation, shall notify the Attorney General in writing.
(b) If the court of Common Pleas of Richland County determines that one or more grounds for revoking the foreign nonprofit's authority to transact business as described in Section 33-31-1530(b) exists, it may enter a decree dissolving the corporation and specifying the effective date of the dissolution, and the clerk of the court shall deliver a certified copy of the decree to the Secretary of State Department of Commerce, who shall file it without charging any fee.
Before revoking the foreign nonprofit corporation's authority to transact business in this State, the court shall consider whether:
(1) there are reasonable alternatives to revoking the authority;
(2) revoking the authority is in the public interest, if the corporation is a public benefit corporation; and,
(3) revoking the authority is the best way of protecting the interests of members, if the corporation is a mutual benefit corporation.
The court of common pleas of Richland County may order any other form of relief which it deems proper in the circumstances.
(c) The authority of a foreign corporation to transact business in this State ceases on the date shown on the certificate revoking its certificate of authority.
(d) The Secretary of State's Department of Commerce's or Richland County Court of Common Pleas revocation of a foreign corporation's certificate of authority appoints the Secretary of State Director of the Department of Commerce the foreign corporation's agent for service of process in any proceeding based on a cause of action that arose during the time the foreign corporation was authorized to transact business in this State. Service of process on the Secretary of State director under this subsection is service on the foreign corporation. Upon receipt of process, the Secretary of State director shall mail a copy of the process to the secretary of the foreign corporation at its principal office shown in its most recent notice of change of principal office or in any subsequent communications received from the corporation stating the current mailing address of its principal office, or, if none are on file, in its application for a certificate of authority.
(e) Revocation of a foreign corporation's certificate of authority does not terminate the authority of the registered agent of the corporation."
SECTION 256. Section 33-31-1532 of the 1976 Code, as added by Act 384 of 1994, is amended to read:
"Section 33-31-1532. (a) A foreign corporation may appeal the Secretary of State's Department of Commerce's revocation of its certificate of authority to the Richland County Court of Common Pleas within thirty days after the service of the certificate of revocation was received. The foreign corporation appeals by petitioning the court to set aside the revocation and attaching to the petition copies of its certificate of authority and the Secretary of State's Department of Commerce's certificate of revocation.
(b) The court may summarily order the Secretary of State Department of Commerce to reinstate the certificate of authority or may take any other action the court considers appropriate.
(c) The court's final decision may be appealed as in other civil proceedings."
SECTION 257. Section 33-31-1601 of the 1976 Code, as added by Act 384 of 1994, is amended to read:
"Section 33-31-1601. (a) A corporation shall keep as permanent records minutes of all meetings of its members and board of directors, a record of all actions taken by the members or directors without a meeting, and a record of all actions taken by committees of the board of directors as authorized by Section 33-31-825(d).
(b) A corporation shall maintain appropriate accounting records.
(c) A corporation or its agent shall maintain a record of its members in a form that permits preparation of a list of the name and address of all members, in alphabetical order by class, showing the number of votes each member is entitled to cast.
(d) A corporation shall maintain its records in written form or in another form capable of conversion into written form within a reasonable time.
(e) A corporation shall keep a copy of the following records at its principal office:
(1) its articles or restated articles of incorporation and all amendments to them currently in effect;
(2) its bylaws or restated bylaws and all amendments to them currently in effect;
(3) resolutions adopted by its board of directors relating to the characteristics, qualifications, rights, limitations, and obligations of members or any class or category of members;
(4) the minutes of all meetings of members and records of all actions approved by the members for the past three years;
(5) all written communications to members generally within the past three years, including the financial statements furnished for the past three years under Section 33-31-1620;
(6) a list of the names and business or home addresses of its current directors and officers; and
(7) its most recent report of each type required to be filed by it with the Secretary of State Department of Commerce under this chapter."
SECTION 258. Section 33-31-1701 of the 1976, as added by Act 384 of 1994, is amended to read:
"Section 33-31-1701. (a) This chapter applies to all domestic corporations which on this chapter's effective date were governed by Title 33, Chapter 31 of the 1976 Code.
(b) This chapter applies to each domestic corporation in existence on its effective date, organized other than under Title 33, Chapter 31, Code of Laws of South Carolina, 1976, upon such corporation's filing with the Secretary of State Department of Commerce an irrevocable election to be governed by the provisions of this chapter. The irrevocable election shall contain all the information required by, and may include any other matter permitted by, Section 33-31-202 (except that information required by subsection (a)(4), relating to the incorporators, is not required). The irrevocable election shall be signed by the presiding officer of its board (or other governing body), its president, by another of its officers, or any other person, regardless of designation, whose functions are those of, or equivalent to such officer.
(c) This chapter applies to all domestic corporations resulting from the merger of any corporation with a corporation organized under this chapter, when the latter is designated as the surviving corporation."
SECTION 259. Section 33-31-1706 of the 1976 Code, as added by Act 384 of 1994, is amended to read:
"Section 33-31-1706. (a) On the effective date of this chapter, each domestic corporation that is or becomes subject to this chapter shall be designated as a public benefit, mutual benefit, or religious corporation as follows:
(1) any corporation designated by statute as a public benefit corporation, a mutual benefit corporation, or a religious corporation is the type of corporation designated by statute;
(2) any corporation that does not come within subsection (1) but is organized primarily or exclusively for religious purposes is a religious corporation;
(3) any corporation that does not come within subsection (1) or (2) but that is recognized as exempt under section 501(c)(3) of the Internal Revenue Code, or any successor provision, is a public benefit corporation;
(4) any corporation that does not come within subsection (1), (2) or (3), but that is organized for a public or charitable purpose and that upon dissolution must distribute its assets to a public benefit corporation, the United States, a state, or a person that is recognized as exempt under section 501(c)(3) of the Internal Revenue Code or any successor provision, is a public benefit corporation; and
(5) any corporation that does not come within subsection (1), (2), (3), or (4) is a mutual benefit corporation.
(b) In any filing with the Secretary of State Department of Commerce, an existing corporation may elect designation as a public benefit, mutual benefit, or religious corporation."
SECTION 300. Section 33-31-1707 of the 1976 Code, as added by Act 384 of 1994, is amended to read:
"Section 33-31-1707. (a) All domestic corporations in existence on May 10, 1994 which are governed by this chapter, and all foreign nonprofit corporations authorized to transact business in this State on May 10, 1994 which do not then have on file with the then Secretary of State either a current registered office or a current registered agent at that office shall file on or before January 2, 1996, 'Notification by Existing Corporation' form. Such form shall designate:
(1) the name of the corporation;
(2) the street address of the registered office in this State with zip code; and,
(3) the name of the registered agent whose office address shall be identical with the registered office.
(b) If any domestic or foreign corporation fails to make the filing required by subsection (a) on or before January 2, 1996, it is considered as of January 2, 1996, to have designated the Secretary of State Director of the Department of Commerce as its agent upon whom process against it may be served in any action or proceeding arising in any court in this State. Service of process is made by delivering to and leaving with the Secretary of State director, or with any person designated by him to receive such service, duplicate copies of the process, notice, or demand. The Secretary of State director immediately shall cause copies to be forwarded by certified mail addressed to the corporation at (1) the headquarters or principal office of the domestic corporation designated upon its declaration and petition for incorporation or application for qualification of a foreign corporation, (2) the last address of the domestic or foreign corporation known to the plaintiff, and (3) with respect to a foreign corporation, any registered office in the jurisdiction of incorporation (which address shall be as provided to the Secretary of State director by the plaintiff). All costs of mailing shall be paid by the plaintiff and the Secretary of State director may charge a fee of twenty dollars for the service.
(c) All domestic corporations in existence on May 10, 1994 which are governed by this chapter, and all foreign nonprofit corporations authorized to transact business in this State on May 10, 1994 whose headquarters or principal office as listed upon its declaration and petition for incorporation as a domestic nonprofit corporation or application for certificate of authority to transact business as a foreign nonprofit corporation which is no longer the location of the corporation's principal office shall file (1) a Notice of Change of Principal Office as is required by Section 33-31-505 or Section 33-31-1515, or (2) may designate upon the notice filed pursuant to subsection (a) the current street address along with the zip code of the corporation's principal office and the address of the former principal office (which filing shall serve as a Notification of Change of Principal Office). Any such domestic corporation may also elect a designation as a public benefit, mutual benefit, or religious corporation as is provided in Section 33-31-1706(b)."
SECTION 301. Section 33-35-30 of the 1976 Code is amended to read:
"Section 33-35-30. Corporations may be organized hereunder by any three or more persons who shall make, subscribe, acknowledge and file articles of incorporation in the office of the Secretary of State Department of Commerce, and shall obtain approval thereof by the Secretary of State department.
The articles of incorporation shall contain:
(1) The name of the proposed corporation, which shall include the word 'Incorporated' or 'Inc.' The name shall not be the same as, or deceptively similar to, the name of any other domestic corporation, or any foreign corporation authorized to do business in this State.
(2) The purpose for which the corporation is organized.
(3) The qualification of members and the manner of their admission.
(4) The term for which it is to exist, which may be perpetual.
(5) The names and residences of the subscribers.
(6) By what officers the affairs of the corporation are to be managed, and the times at which they will be elected or appointed.
(7) The names of the officers who are to serve until the first election or appointment under the articles of incorporation.
(8) The number of persons constituting the first board of directors, managers, or trustees, which shall not be less than three, and the names and addresses of the persons who are to serve as directors, managers, or trustees until the first election thereof.
(9) By whom the bylaws of the corporation are to be made, altered or rescinded.
(10) By whom and in what manner amendments to the articles of incorporation may be proposed and adopted.
(11) Any provision which the incorporators may choose to insert for the conduct of the affairs of the corporation and any provision creating, dividing, limiting and regulating the powers of the corporation, the directors, managers or trustees, and the members, including, but not limited to, provisions establishing classes of membership and limiting voting rights to one or more of such classes.
(12) The articles of incorporation shall be in writing, subscribed by not less than three natural persons competent to contract and acknowledged by all of the subscribers before an officer authorized to take acknowledgments, and filed in the office of the Secretary of State Department of Commerce for approval. A duplicate copy so subscribed and acknowledged may also be filed."
SECTION 302. Section 33-35-40 of the 1976 Code is amended to read:
"Section 33-35-40. When the articles of incorporation have been filed in the office of the Secretary of State Department of Commerce and approved by him it and the filing fee herein specified has been paid, the subscribers thereof and their associates and successors shall constitute a corporation. The approval of the articles of incorporation by the Secretary of State department shall be indicated by his endorsement thereof with the date and time of approval on the original. The original shall be filed in the records of his office. If a duplicate is received with the original, it shall, on receipt of the fee required for certified copies, be so endorsed, certified and returned to the person from whom it is received."
SECTION 303. Section 33-35-50 of the 1976 Code, as last amended by Act 361 of 1992, is further amended to read:
"Section 33-35-50. Upon filing any articles of incorporation, amendment thereof or other paper relating to the incorporation, merger, consolidation or dissolution of any corporation not for profit in the office of the Secretary of State Department of Commerce, the following fees shall be paid to him it for the use of the State:
(1) A filing fee of ten dollars for the filing and approval of articles of incorporation.
(2) A fee of one dollar for the first page, fifty cents for each additional page and two dollars for authentication for furnishing certified copies of articles of incorporation or other documents concerning a corporation not for profit.
(3) A fee of five dollars in each case for filing papers relating to dissolution or amendment of articles of incorporation.
(4) A fee of ten dollars for filing the annual report.
[For tax years beginning on or after January 1, 1993, this section reads as follows:] Upon filing any articles of incorporation, amendment thereof, or other paper relating to the incorporation, merger, consolidation, or dissolution of any corporation not for profit in the office of the Secretary of State Department of Commerce, the following fees must be paid to him it for the use of the State:
(1) a filing fee of ten dollars for the filing and approval of articles of incorporation;
(2) a fee of one dollar for the first page, fifty cents for each additional page and two dollars for authentication for furnishing certified copies of articles of incorporation or other documents concerning a corporation not for profit;
(3) a fee of five dollars in each case for filing papers relating to dissolution or amendment of articles of incorporation."
SECTION 304. Section 33-35-60 of the 1976 Code is amended to read:
"Section 33-35-60. Any corporation incorporated hereunder may amend its charter by resolution as provided in the bylaws. In any case, the charter or articles of incorporation shall be amended and the amendment incorporated therein only when the amendment has been filed with the Secretary of State Department of Commerce, approved by him it, and all filing fees have been paid."
SECTION 305. Section 33-35-70 of the 1976 Code is amended to read:
"Section 33-35-70. The Secretary of State Department of Commerce shall conform any articles of incorporation supplied by his its office for 'corporations not for profit' to the provisions of Sections 33-35-10 and 33-35-20."
SECTION 306. Section 33-35-120 of the 1976 Code is amended to read:
"Section 33-35-120. Any corporation organized for the purposes herein mentioned which shall have accomplished the purpose for which it has been organized or which may desire to wind up its affairs may do so upon a vote of a two-thirds majority of its members at a meeting of which published notice or written notice mailed to each member shall be given. Such notice shall state the purpose of the proposed meeting. A certificate stating such facts shall be filed with the Secretary of State Department of Commerce."
SECTION 307. Section 33-35-130 of the 1976 Code is amended to read:
"Section 33-35-130. A certified copy of the charter and any amendment thereof from the Secretary of State Department of Commerce or from the clerk of the court or register of mesne conveyances of the county in which such charter is required to be recorded shall be sufficient evidence of the incorporation of any corporation chartered under this chapter and of any amendment to its certificate of incorporation."
SECTION 308. Section 33-35-140 of the 1976 Code is amended to read:
"Section 33-35-140. All papers required to be filed hereunder and all charters or amendments thereof that may be granted shall be filed under proper numbers and indexed by the Secretary of State Department of Commerce. The charter or amendment shall be recorded within thirty days after receipt in the office of the clerk of court or register of mesne conveyances in the county in which the corporation is organized."
SECTION 309. Section 33-37-210 of the 1976 Code is amended to read:
"Section 33-37-210. Twenty-five or more persons, a majority of whom shall be residents of this State, who may desire to create a business development corporation under the provisions of this chapter for the purpose of promoting, developing and advancing the prosperity and economic welfare of the State and, to that end, to exercise the powers and privileges provided in this chapter, may be incorporated in the following manner. Such persons shall, by declaration of charter filed with the Secretary of State Department of Commerce, under their hands and seals, set forth:
(1) The name of the corporation, which shall include the words 'Business Development Corporation of South Carolina';
(2) The location of the principal office of the corporation; and
(3) The purposes for which the corporation is founded, which shall include the following: The purposes of the corporation shall be to promote, stimulate, develop and advance the business prosperity and economic welfare of this State and its citizens; to encourage and assist through loans, investments or other business transactions, in the location of new business and industry in this State and to rehabilitate and assist existing business and industry; and so to stimulate and assist in the expansion of all kinds of business activity which will tend to promote the business development and maintain the economic stability of this State, provide maximum opportunities for employment, encourage thrift and improve the standard of living of the citizens of this State; similarly, to cooperate and act in conjunction with other organizations, public or private, in the promotion and advancement of industrial, commercial, agricultural and recreational developments in this State; and to provide financing for the promotion, development and conduct of all kinds of business activity in this State."
SECTION 310. Section 33-37-260 of the 1976 Code, as last amended by Act 123 of 1995, is further amended to read:
"Section 33-37-260. The charter may be amended by the votes of the stockholders and the members of the corporation voting separately by classes. The amendments require approval by the affirmative vote of two thirds of the votes to which the stockholders are entitled and two thirds of the votes to which the members are entitled. No amendment of the charter which is inconsistent with the general purposes expressed in this chapter or which eliminates or curtails the right of the Secretary of State Department of Commerce to examine the corporation or the obligation of the corporation to make reports as provided by law may be made without amendment of this chapter. No amendment of the charter which increases the obligation of a member to make loans to the corporation, makes a change in the principal amount, interest rate, or maturity date or in the security or credit position of an outstanding loan of a member to the corporation, affects a member's right to withdraw from membership as provided in Section 33-37-430, or affects a member's voting rights as provided in Sections 33-37-440 and 33-37-450 may be made without the consent of each member affected by the amendment."
SECTION 311. Section 33-37-270 of the 1976 Code is amended to read:
"Section 33-37-270. Within thirty days after any meeting at which an amendment of the charter has been adopted articles of amendment signed and sworn to by the president, treasurer and a majority of the directors, setting forth such amendment and the due adoption thereof, shall be submitted to the Secretary of State Department of Commerce, who shall examine them and, if he finds that they conform to the requirements of this chapter, shall so certify and endorse his approval thereon. Thereupon, the articles of amendment shall be filed in the office of the Secretary of State Department of Commerce, and no such amendment shall take effect until such articles of amendment shall have been filed as aforesaid."
SECTION 312. Section 33-39-210 of the 1976 Code is amended to read:
"Section 33-39-210. Ten or more persons, a majority of whom shall be residents of the same county of the State, who may desire to create a business development corporation under the provisions of this chapter for the purpose of promoting, developing and advancing the prosperity and economic welfare of the county and, to that end, to exercise the powers and privileges provided in this chapter, may be incorporated in the following manner. Such persons shall, by declaration of charter filed with the Secretary of State Department of Commerce, under their hands and seals, set forth:
(1) The name of the corporation, which shall include the words 'Business Development Corporation of ____ County';
(2) The location of the principal office of the corporation within the county; and
(3) The purposes for which the corporation is founded, which shall include the following: To promote, stimulate, develop and advance the business prosperity and economic welfare of the county in which formed and its citizens; to encourage and assist through loans, investments or other business transactions in the location of new business and industry in the county and to rehabilitate and assist existing business and industry; and so to stimulate and assist in the expansion of all kinds of business activity which will tend to promote the business development and maintain the economic stability of the county, provide maximum opportunities for employment, encourage thrift and improve the standard of living of the citizens of the county; to cooperate and act in conjunction with other organizations, public or private, in the promotion and advancement of industrial, commercial, agricultural and recreational developments in the county; and to provide financing for the promotion, development and conduct of all kinds of business activity in the county."
SECTION 313. Section 33-39-260 of the 1976 Code is amended to read:
"Section 33-39-260. The charter may be amended by the votes of the stockholders and the members of the corporation, voting separately by classes, and such amendments shall require approval by the affirmative vote of two thirds of the votes to which the stockholders shall be entitled and two thirds of the votes to which the members shall be entitled; provided, that no amendment of the charter which is inconsistent with the general purposes expressed in this chapter, which authorizes any additional class of capital stock to be issued or which eliminates or curtails the right of the Secretary of State Department of Commerce to examine the corporation or the obligation of the corporation to make reports as provided by law shall be made without amendment of this chapter; and provided, further, that no amendment of the charter which increases the obligation of a member to make loans to the corporation, makes any change in the principal amount, interest rate or maturity date or in the security or credit position of any outstanding loan of a member to the corporation, affects a member's right to withdraw from membership as provided in Section 33-39-430 or affects a member's voting rights as provided in Sections 33-39-440 and 33-39-450 shall be made without the consent of each member affected by such amendment."
SECTION 314. Section 33-39-270 of the 1976 Code is amended to read:
"Section 33-39-270. Within thirty days after any meeting at which amendment of the charter has been adopted articles of amendment signed and sworn to by the president, treasurer and a majority of the directors, setting forth such amendment and the due adoption thereof, shall be submitted to the Secretary of State Department of Commerce, who shall examine them and, if he finds that they conform to the requirements of this chapter, shall so certify and endorse his approval thereon. Thereupon, the articles of amendment shall be filed in the office of the Secretary of State Department of Commerce, and no such amendment shall take effect until such articles of amendment shall have been filed as aforesaid."
SECTION 315. Section 33-41-1110 of the 1976 Code, as added by Act 448 of 1994, is amended to read:
"Section 33-41-1110. (A) To become and to continue as a registered limited liability partnership, a partnership shall file with the Secretary of State Department of Commerce an application or a renewal application, as the case may be, stating the name of the partnership; the address of its principal office, if the partnership's principal office is not located in this State; the address of a registered office, and the name and address of a registered agent for service of process in this State, which the partnership will be required to maintain; the number of partners; a brief statement of the business in which the partnership engages, and that the partnership applies for status or renewal of its status, as the case may be, as a registered limited liability partnership.
(B) The application or renewal application must be executed by a majority in interest of the partners or by one or more partners authorized to execute an application or renewal application.
(C) The application or renewal application must be accompanied by a fee of one hundred dollars.
(D) The Secretary of State Department of Commerce shall register as a registered limited liability partnership and shall renew the registration of any registered limited liability partnership, any partnership that submits a completed application or renewal application with the required fee.
(E) Registration is effective for one year after the date an application is filed unless voluntarily withdrawn pursuant to Section 33-41-1190. Registration, whether pursuant to an original application or a renewal application, as a registered limited liability partnership is renewed if during the sixty-day period preceding the date the application or renewal application otherwise would have expired the partnership files with the Secretary of State Department of Commerce a renewal application. A renewal application expires one year after the date an original application would have expired if the last renewal of the application had not occurred.
(F) The status of a partnership as a registered limited liability partnership may not be affected by changes after the filing of an application or a renewal application in the information stated in the application or renewal application.
(G) The Secretary of State Department of Commerce may provide forms for application or for renewal of registration."
SECTION 316. Section 33-41-1160 of the 1976 Code, as last amended by Act 60 of 1995, is further amended to read:
"Section 33-41-1160. (A) A foreign limited liability partnership may apply for a certificate of authority to transact business in this State by delivering an application to the Secretary of State Department of Commerce for filing. The application must set forth:
(1) the name of the foreign limited liability partnership that satisfies the requirements of Section 33-41-1120;
(2) the name of the state or country under which it is organized;
(3) its date of organization;
(4) the street address of its proposed registered office in this State and the name of its proposed registered agent at that office; and
(5) a statement that the foreign limited liability partnership has liability insurance of the amount and type described in Section 33-41-1130(A)(1) or segregated funds as described in Section 33-41-1130(C) in an amount equal to or greater than the amount specified in Section 33-41-1130(A)(1).
(B) The foreign limited liability partnership shall deliver with the completed application a certificate of existence (or a document of similar import) duly authenticated by the Secretary of State Department of Commerce or other official having custody of limited liability partnership records in the state or country under which law it is organized.
(C) If the foreign limited liability partnership renders 'professional services' as defined in Section 33-19-103(7), the application required by subsection (A) must also contain a statement that:
(1) all of its partners are licensed in one or more states to render the professional services which the foreign limited liability partnership practices and that one or more of its partners is licensed in South Carolina to render such professional services; and
(2) the foreign limited liability partnership is in compliance with the requirements of Section 33-41-1130(A)(2); provided, however, that to the extent any such requirements are determined by reference to the number of licensed partners or individuals, such determination shall be made on the basis of the number of partners or individuals who render professional services in South Carolina.
(D) The Secretary of State Department of Commerce shall collect a fee of one hundred dollars when a foreign limited liability partnership delivers to him for filing an annual or renewal application for a certificate to transact business in this State.
(E) By applying for a certificate of authority to transact business in this State, the foreign limited liability partnership agrees to be subject to the jurisdiction of the Department of Revenue and Taxation and the South Carolina courts to determine its South Carolina tax liability, including withholding and estimated taxes, together with any related interest and penalties, if any. Registering is not an admission of tax liability."
SECTION 317. Section 33-41-1170 of the 1976 Code, as added by Act 448 of 1994, is amended to read:
"Section 33-41-1170. (A) If the Secretary of State Department of Commerce finds that an application for a certificate of authority to transact business in this State conforms to the provisions of this article and all requisite fees have been paid, the Secretary shall:
(1) endorse on each signed original and duplicate copy the word 'filed' and the date and time of its acceptance for filing;
(2) retain the signed original in the Secretary of State's Department of Commerce's files; and
(3) return the duplicate copy to the person who filed it or the person's representative.
(B) If the Secretary of State Department of Commerce is unable to make the determination required for filing by subsection (A) at the time any documents are delivered for filing, the documents are considered to have been filed at the time of delivery if the Secretary of State Department of Commerce subsequently determines that:
(1) the documents as delivered conform to the filing provisions of this chapter; or
(2) within twenty days after notification of nonconformance is given by the Secretary of State Department of Commerce to the person who delivered the documents for filing for the person's representative, the documents are brought into conformance.
(C) If the filing and determination requirements of this chapter are not satisfied within the time prescribed in subsection (B)(2), the documents shall not be filed.
(D) A certificate of authority to transact business in this State is effective for one year after the date the application is filed unless voluntarily withdrawn pursuant to Section 33-41-1190. Registration, whether pursuant to an original application or a renewal application, as a registered limited liability partnership is renewed if, during the sixty-day period preceding the date the application or renewal application otherwise would have expired, the partnership files with the Secretary of State Department of Commerce a renewal application. A renewal application expires one year after the date an original application would have expired if the last renewal of the application had not occurred."
SECTION 318. Section 33-41-1180 of the 1976 Code, as added by Act 448 of 1994, is amended to read:
"Section 33-41-1180. (A) The application for a foreign limited liability partnership's certificate of authority to transact business in this State is amended by filing articles of amendment with the Secretary of State Department of Commerce signed by a person with authority to do so under the laws of the State or other jurisdiction of its formation. The articles of amendment shall set forth:
(1) the name of the foreign limited liability partnership;
(2) the date the original application for registration was filed; and
(3) the amendment to the application for registration.
(B) The application for a certificate to transact business in this State may be amended in any way, provided that the application, as amended, contains only provisions that may be lawfully contained in an application for a certificate to transact business in this State at the time of the amendment.
(C) A foreign limited liability partnership authorized to transact business in South Carolina must obtain an amended certificate of authority from the Secretary of State Department of Commerce if it changes:
(1) its limited liability partnership name;
(2) the street address of its registered office in this State or the name of its registered agent at that office; or
(3) the state or country of its organization.
An amended certificate of authorization must also be obtained if there is a false or erroneous statement in the original filed application for a certificate of authority.
(D) The Secretary of State Department of Commerce shall collect a fee of one hundred dollars when a foreign limited liability partnership delivers to him for filing an amendment to a certificate to transact business in this State."
SECTION 319. Section 33-41-1190 of the 1976 Code, as added by Act 448 of 1994, is amended to read:
"Section 33-41-1190. (A) A foreign limited liability partnership authorized to transact business in this State may cancel its registration upon procuring from the Secretary of State Department of Commerce a certificate of cancellation. In order to procure such certificate, the foreign limited liability partnership shall deliver to the Secretary of State Department of Commerce an application for cancellation, which shall set forth:
(1) the name of the foreign limited liability partnership and the state or other jurisdiction under the laws of which it is formed;
(2) that the foreign limited liability partnership is not transacting business in this State;
(3) that the foreign limited liability partnership surrenders its certificate of authority to transact business in this State;
(4) that the foreign limited liability partnership revokes the authority of its registered agent for service of process in this State and consents that service of process in any action, suit, or proceeding based upon any cause of action arising in this State may thereafter be made on such foreign limited liability partnership by service thereof upon the Secretary of State Department of Commerce; and
(5) an address to which a person may mail a copy of any process against the foreign limited liability partnership.
(B) The application for cancellation shall be in the form and manner designated by the Secretary of State Department of Commerce and shall be executed on behalf of the foreign limited liability partnership by a person with authority to do so under the laws of the State or other jurisdiction of its formation, or if the foreign limited liability partnership is in the hands of a receiver, trustee, or other court-appointed fiduciary by that fiduciary.
(C) A cancellation does not terminate the authority of the Secretary of State Department of Commerce to accept service of process on the foreign limited liability partnership with respect to causes of action arising out of the transaction of business in this State."
SECTION 320. Section 33-41-1200 of the 1976 Code, as added by Act 448 of 1994, is amended to read:
"Section 33-41-1200. (A) A foreign limited liability partnership transacting business in this State may not maintain an action, suit, or proceeding in a court of this State until the Secretary of State Department of Commerce has issued it a certificate of authority to transact business in this State.
(B) The failure of a foreign limited liability partnership to register in this State does not:
(1) impair the validity of any contract or act of the foreign limited liability partnership;
(2) affect the right of any other party to the contract to maintain any action, suit, or proceeding on the contract; or
(3) prevent the foreign limited liability partnership from defending any action, suit, or proceeding in any court of this State.
(C) A foreign limited liability partnership, by transacting business in this State without registration, appoints the Secretary of State Department of Commerce as its agent for service of process with respect to a cause of action arising out of the transaction of business in this State.
(D) A foreign limited liability partnership which transacts business in this State without a certificate of authority shall be liable to the State for the years or parts thereof during which it transacted business in this State without a certificate of authority in an amount equal to all fees which would have been imposed by this chapter upon that foreign limited liability partnership had it duly registered, and all penalties imposed by this chapter. The Attorney General may bring proceedings to recover all amounts due this State under the provisions of this section.
(E) A foreign limited liability partnership which transacts business in this State without a certificate of authority shall be subject to a civil penalty, payable to the State of ten dollars per day, not to exceed one thousand dollars per year.
(F) The civil penalty set forth in subsection (E) may be recovered in an action brought within a court by the Attorney General. Upon a finding by the court that a foreign limited liability partnership has transacted business in this State in violation of this chapter, the court shall issue, in addition to the imposition of a civil penalty, an injunction restraining further transactions of the business of the foreign limited liability partnership and the further exercise of any limited liability partnership's rights and privileges in this State. The foreign limited liability partnership shall be enjoined from transacting business in this State until all civil penalties plus any interest and court costs which the court may assess have been paid and until the foreign limited liability partnership has otherwise complied with the provisions of this article.
(G) A partner of a foreign limited liability partnership is not liable for the debts and obligations of the limited liability partnership solely because the limited liability partnership transacted business in this State without registration."
SECTION 321. Section 33-41-1210 of the 1976 Code, as added by Act 448 of 1994, is amended to read:
"Section 33-41-1210. (A) A foreign limited liability partnership may not transact business in this State until it obtains a certificate of authority from the Secretary of State Department of Commerce.
(B) The following activities, among others, do not constitute transacting business within the meaning of subsection (A):
(1) maintaining, defending, or settling any proceeding;
(2) holding meetings of the partners or carrying on other activities concerning internal affairs;
(3) maintaining bank accounts;
(4) selling through independent contractors;
(5) soliciting or obtaining orders, whether by mail or through employees or agents or otherwise, if the orders require acceptance outside this State before they become contracts;
(6) creating or acquiring any indebtedness, mortgages, and security interests in real or personal property;
(7) securing or collecting any debts or enforcing mortgages, security interests, or any other rights in property securing debts;
(8) owning, without more, real or personal property;
(9) conducting an isolated transaction that is completed within thirty days and that is not one in the course of repeated transactions of like nature; and
(10) transacting business in interstate commerce.
(C) A foreign limited liability partnership which renders a professional service is not required to obtain a certificate of authority to transact business in this State unless it maintains or intends to maintain an office in this State for the conduct of business or professional practice.
(D) The list of activities in subsection (B) is not exhaustive."
SECTION 322. Section 33-42-20(1) of the 1976 Code is amended to read:
"(1) 'Certificate of limited partnership' means the certificate referred to in Section 33-42-210, any certificate of limited partnership filed with the office of the Secretary of State Department of Commerce in connection with the formation of a limited partnership under any applicable statute of this State prior to the effective date of this chapter, and any such certificate as amended, or restated."
SECTION 323. Section 33-42-40(b) of the 1976 Code is amended to read:
"(b) The reservation shall be made by filing with the Secretary of State Department of Commerce an application, executed by the applicant, to reserve a specified name. If the Secretary of State Department of Commerce finds that the name is available for use by a domestic or foreign limited partnership, he shall reserve the name for the exclusive use of the applicant for a period of one hundred twenty days. Once having so reserved a name, the same applicant may not again reserve the same name until more than sixty days after the expiration of the last one hundred twenty day period for which that applicant reserved that name. The right to the exclusive use of a reserved name may be transferred to any other person by filing in the office of the Secretary of State a notice of transfer, executed by the applicant for whom the name was received and specifying the name and address of the transferee."
SECTION 324. Section 33-42-45 of the 1976 Code is amended to read:
"Section 33-42-45. (a) This section rather than Sections 39-13-10 through 39-13-40 of the 1976 Code governs the registration of assumed names of limited partnerships formed or transacting business in South Carolina.
(b) A limited partnership that conducts or intends to conduct business in this State under a name other than the name shown in its certificate of limited partnership (or in the case of a foreign limited partnership that has registered in this State, the name shown in its certificate of registration to transact business in this State) shall file with the Secretary of State Department of Commerce an assumed name certificate which shall state the name shown on its certificate of limited partnership (or certificate of registration in the case of a foreign limited partnership), the name under which the limited partnership's business is to be conducted, which assumed name shall not be deceptively similar to the name of any domestic or foreign limited partnership authorized to transact business in this State, or to any reserved name pursuant to Section 33-42-40 and the address of the partnership's registered office required to be maintained in this State.
(c) Such filing shall be effective, unless sooner terminated by the filing of a certificate of termination or by the cancellation of the certificate of limited partnership (or in the case of foreign limited partnership by cancellation of the certificate of registration to transact business in this State), for a period expiring on December thirty-first of the fifth full calendar year following the year in which it is filed. It may be extended for additional consecutive periods of five full calendar years each by the filing of a new assumed name certificate not earlier than ninety days preceding the expiration of any such period. The Secretary of State Department of Commerce shall notify a limited partnership of the impending expiration of its assumed name, by first-class mail addressed to the partnership's registered office as shown on the partnership's certificate of limited partnership (or certificate of registration in the case of a foreign limited partnership that has registered in this State), no later than three calendar months before the initial or subsequent five-year period will expire.
(d) The Secretary of State Department of Commerce shall maintain current lists, alphabetically arranged, of the partnership registrants and assumed names permitted hereunder.
(e) The failure of any limited partnership to file the assumed name certificate required by subsection (b) does not:
(i) impair the validity of any contract or act of the limited partnership;
(ii) prevent the limited partnership from maintaining or defending any action, suit, or proceeding in any court of this State; or
(iii) result in any limited partner becoming liable as a general partner solely by reason of the failure of the limited partnership to file the required assumed name certificate."
SECTION 325. Section 33-42-210 of the 1976 Code is amended to read:
"Section 33-42-210. (a) In order to form a limited partnership, a certificate of limited partnership must be executed and filed in the office of the Secretary of State Department of Commerce. The certificate shall set forth:
(1) the name of the limited partnership;
(2) the address of the office and the name and address of the agent for service of process required to be maintained by Section 33-42-50;
(3) the name and a mailing address of each general partner;
(4) The latest date upon which the limited partnership is to dissolve; and
(5) any other matters the partners determine to include therein.
(b) A limited partnership is formed at the time of the filing of the certificate of limited partnership in the office of the Secretary of State Department of Commerce or at any later time specified in the certificate of limited partnership if, in either case, there has been substantial compliance with the requirements of this section."
SECTION 326. Section 33-42-220 of the 1976 Code is amended to read:
"Section 33-42-220. (a) A certificate of limited partnership is amended by filing a certificate of amendment thereto in the office of the Secretary of State Department of Commerce. The certificate shall set forth:
(1) the name of the limited partnership;
(2) the date of filing the certificate; and
(3) the amendment to the certificate.
(b) Within thirty days after the happening of any of the following events, an amendment to a certificate of limited partnership reflecting the occurrence of the event or events shall be filed:
(1) the admission of a new general partner;
(2) the withdrawal of a general partner; or
(3) the continuation of the business under Section 33-42-1410 after an event of withdrawal of a general partner.
(c) A general partner who becomes aware that any statement in a certificate of limited partnership was false when made or that any arrangements or other facts described have changed, making the certificate inaccurate in any respect, shall promptly amend the certificate.
(d) A certificate of limited partnership may be amended at any time for any other proper purpose the general partners determine.
(e) No person has any liability because an amendment to a certificate of limited partnership has not been filed to reflect the occurrence of any event referred to in subsection (b) of this section if the amendment is filed within the thirty-day period specified in subsection (b).
(f) A restated certificate of limited partnership may be executed and filed in the same manner as a certificate of amendment.
(g) (1) Each limited partnership formed before June 27, 1984, shall file no later than January 1, 1988, a certificate of amendment pursuant to this chapter causing such limited partnership to comply with the requirements of Section 33-42-30 respecting the name of the limited partnership, Section 33-42-50(1) respecting the office of the limited partnership at which certain records are to be kept, and Section 33-42-50(2) respecting the agent for service of process on the limited partnership. However, a limited partnership formed before June 27, 1984, is required to file the certificate of amendment only to the extent it does not fully comply with Sections 33-42-30 and 33-42-50 on or before January 1, 1988. The certificate of amendment is considered effective under this chapter upon its execution by a general partner of the limited partnership and its filing in the office of the Secretary of State Department of Commerce.
(2) The failure of any limited partnership formed before June 27, 1984, to comply with subsection (g)(1) shall result on January 1, 1988, in, but only to, the extent of the failure:
(i) the designation of the principal place of business of the limited partnership as specified in the limited partnership's certificate of limited partnership on that date as the office of partnership at which certain records are to be kept for purposes of Section 33-42-50(1);
(ii) the designation of the Secretary of State Department of Commerce as the agent for service of process on such limited partnership for purposes of Section 33-42-50(2); and
(iii) the limited partnership being prohibited from filing any other certificate of amendment unless it satisfies the requirements of subsection (g)(1).
(3) The failure of any limited partnership formed before June 27, 1984, to file the certificate of amendment required by subsection (g)(1) does not:
(i) impair the validity of any contract or act of the limited partnership;
(ii) prevent the limited partnership from maintaining or defending any action, suit, or proceeding in any court in this State; or
(iii) result in any limited partner becoming liable as a general partner solely by reason of the failure of the limited partnership to file the required certificate of amendment."
SECTION 327. Section 33-42-230 of the 1976 Code is amended to read:
"Section 33-42-230. A certificate of limited partnership must be canceled upon the dissolution and the commencement of winding up of the partnership or at any other time there are no limited partners. A certificate of cancellation must be filed in the office of the Secretary of State Department of Commerce and set forth:
(1) the name of the limited partnership;
(2) the date of filing of its certificate of limited partnership;
(3) the reason for filing the certificate of cancellation;
(4) the effective date (which shall be a date certain) of cancellation if it is not to be effective upon the filing of the certificate; and
(5) any other information the general partners filing the certificate determine."
SECTION 328. Section 33-42-240(a) of the 1976 Code is amended to read:
"(a) Each certificate required by this article to be filed in the office of the Secretary of State Department of Commerce must be executed in the following manner:
(1) an original certificate of limited partnership must be signed by all general partners named therein;
(2) a certificate of amendment must be signed by at least one general partner and by each other general partner designated in the certificate as a new or substitute general partner; and
(3) a certificate of cancellation must be signed by all general partners."
SECTION 329. Section 33-42-250 of the 1976 Code is amended to read:
"Section 33-42-250. If a person required by Section 33-42-240 to execute any certificate fails or refuses to do so, any other person who is adversely affected by the failure or refusal may petition the circuit court of the county in which the limited partnership's office designated pursuant to Section 33-42-50(1) is located to direct the execution of the certificate. If the court finds that it is proper for the certificate to be executed and that any person designated has failed or refused to execute the appropriate certificate, it shall order the Secretary of State Department of Commerce to record an appropriate certificate."
SECTION 330. Section 33-42-260 of the 1976 Code is amended to read:
"Section 33-42-260. (a) Two signed copies of the certificate of limited partnership and of any certificates of amendment or cancellation (or of any judicial decree of amendment or cancellation) must be delivered to the Secretary of State Department of Commerce. A person who executes a certificate as an agent or fiduciary need not exhibit evidence of his authority as a prerequisite to filing. Unless the Secretary of State Department of Commerce finds that any certificate does not conform to law, upon receipt of all filing fees required by law he shall:
(1) endorse on each duplicate original the word 'Filed' and the day, month, and year of the filing thereof;
(2) file one duplicate original in his office; and
(3) return the other duplicate original to the person who filed it or his representative.
(b) Upon the filing of a certificate of amendment (or judicial decree of amendment) in the office of the Secretary of State Department of Commerce, the certificate of limited partnership shall be amended as set forth therein and, upon the effective date of a certificate of cancellation (or a judicial decree thereof), the certificate of limited partnership is canceled."
SECTION 331. Section 33-42-280 of the 1976 Code is amended to read:
"Section 33-42-280. The fact that a certificate of limited partnership is on file in the office of the Secretary of State Department of Commerce is notice that the partnership is a limited partnership and the persons designated therein as general partners are general partners, but it is not notice of any other fact."
SECTION 332. Section 33-42-290 of the 1976 Code is amended to read:
"Section 33-42-290. Upon the return by the Secretary of State Department of Commerce pursuant to Section 33-42-260 of a certificate marked 'Filed', the general partners shall promptly deliver or mail a copy of the certificate of limited partnership or the certificate of amendment or cancellation or restated certificate or any judicial decree of any of the above, as the case may be, to each limited partner unless the partnership agreement provides otherwise."
SECTION 333. Section 33-42-310 of the 1976 Code is amended to read:
"Section 33-42-310. Certificates of limited partnership and certificates of amendment filed in any official county records of this State pursuant to any applicable statute of this State prior to June 27, 1984, are of no further force or effect for any purpose under this chapter on or after June 27, 1984. All certificates of amendment, certificates of cancellation, and restated certificates are fully effective to amend or cancel the certificates of limited partnership, as the case may be, upon proper filing thereof with the office of the Secretary of State Department of Commerce pursuant to the requirements of this chapter."
SECTION 334. Section 33-42-320 of the 1976 Code is amended to read:
"Section 33-42-320. (a) Pursuant to an agreement, a domestic limited partnership may merge or consolidate with or into one or more limited partnerships formed under the laws of this State or any other state with such limited partnership as the agreement shall provide being the surviving or resulting limited partnership.
(b) A domestic limited partnership that is not the surviving or resulting limited partnership in the merger or consolidation shall file a certificate of cancellation which shall have an effective date not later than the effective date of the merger or consolidation.
(c) If, following a merger or consolidation of one or more domestic limited partnerships and one or more limited partnerships formed under the laws of any other state, the surviving or resulting limited partnership is not a domestic limited partnership, there shall be attached to the certificate of cancellation filed pursuant to Section 33-42-230 for each such domestic limited partnership a certificate executed by the surviving or resulting limited partnership, stating that the surviving or resulting limited partnership agrees that it may be served with process in the State of South Carolina in any action, suit, or proceeding involving such domestic limited partnership as a party, irrevocably appointing the Secretary of State Department of Commerce as its agent to accept service of process in any such action, suit, or proceeding and specifying the address to which a copy of such process shall be mailed to it by the Secretary of State Department of Commerce.
(d) When the certificate of cancellation required by Section 33-42-230 shall have become effective, for all purposes of the laws of this State, all of the rights, privileges, and powers of the limited partnerships that have merged or consolidated, and all property, real, personal, and mixed, and all debts due to any of said limited partnerships, as well as all other things and causes of action belonging to each of such limited partnerships, shall be vested in the surviving or resulting limited partnership, and shall thereafter be the property of the surviving or resulting limited partnership as they were of each of the limited partnerships that have merged or consolidated, and the title to any real property vested by deed or otherwise, in any of such limited partnerships, shall not revert or be in any way impaired by reason of this section; but all rights of creditors and all liens upon any property of any of said limited partnerships shall be preserved unimpaired, and all debts, liabilities, and duties of each of the limited partnerships that have merged or consolidated shall thenceforth attach to the surviving or resulting limited partnership and may be enforced against it to the same extent as if said debts, liabilities, and duties have been incurred or contracted by it.
(e) This section shall have no legal effect on any other method of combining two or more limited partnerships made prior or subsequent to its enactment."
SECTION 335. Section 33-42-440 of the 1976 Code is amended to read:
"Section 33-42-440. (a) Except as provided in subsection (b), a person who makes a contribution to a business enterprise and erroneously but in good faith believes that he has become a limited partner in the enterprise is not a general partner in the enterprise and is not bound by its obligations by reason of making the contribution, receiving distributions from the enterprise, or exercising any rights of a limited partner if, on ascertaining the mistake, he:
(1) causes an appropriate certificate of limited partnership or a certificate of amendment to be executed and filed; or
(2) withdraws from future equity participation in the enterprise by executing and filing in the office of the Secretary of State Department of Commerce a certificate declaring withdrawal under this section.
(b) A person who makes a contribution of the kind described in subsection (a) is liable as a general partner to any third party who transacts business with the enterprise (i) before the person withdraws and an appropriate certificate is filed to show withdrawal, or (ii) before an appropriate certificate is filed to show that he is not a general partner, but in either case only if the third party actually believed in good faith that the person was a general partner at the time of the transaction."
SECTION 336. Section 33-42-1620 of the 1976 Code, as last amended by Part II, Act 497 of 1994, is further amended to read:
"Section 33-42-1620. Before transacting business in this State, a foreign limited partnership shall register with the Secretary of State Department of Commerce. In order to register, a foreign limited partnership shall submit to the Secretary of State Department of Commerce, in duplicate, an application for registration as a foreign limited partnership, signed and sworn to by a general partner and setting forth:
(1) the name of the foreign limited partnership and, if different, the name under which it proposes to register and transact business in this State;
(2) the state and date of its formation;
(3) the name and address of any agent for service of process on the foreign limited partnership whom the foreign limited partnership elects to appoint; the agent must be an individual resident of this State, a domestic corporation, or a foreign corporation having a place of business in, and authorized to do business in, this State;
(4) a statement that the Secretary of State Department of Commerce is appointed the agent of the foreign limited partnership for service of process if no agent has been appointed under subsection (3) or, if appointed, the agent's authority has been revoked or if the agent cannot be found or served with the exercise of reasonable diligence;
(5) the address of the office required to be maintained in the state of its organization by the laws of that state or, if not so required, of the principal office of the foreign limited partnership;
(6) the name and a mailing address of each general partner; and
(7) the address of the office at which is kept a list of the names and addresses of the limited partners and their capital contributions, together with an undertaking by the foreign limited partnership to keep those records until the foreign limited partnership's registration in this State is canceled or withdrawn.
By registering, the foreign limited partnership agrees to be subject to the jurisdiction of the Department of Revenue and Taxation and the courts of this State to determine its South Carolina tax liability, including withholding and estimated taxes, together with related interest and penalties, if any. Registering is not an admission of tax liability."
SECTION 337. Section 33-42-1630 of the 1976 Code is amended to read:
"Section 33-42-1630. (a) If the Secretary of State Department of Commerce finds that an application for registration conforms to law and all requisite fees have been paid, he shall:
(1) endorse on the application the word 'Filed', and the month, day, and year of the filing thereof;
(2) file in his office a duplicate original of the application; and
(3) issue a certificate of registration to transact business in this State.
(b) The certificate of registration, together with a duplicate original of the application, shall be returned to the person who filed the application or his representative."
SECTION 338. Section 33-42-1640 of the 1976 Code is amended to read:
"Section 33-42-1640. (a) A foreign limited partnership may register with the Secretary of State Department of Commerce under any name (whether or not it is the name under which it is registered in its state of organization) that could be registered by a domestic limited partnership under Section 33-42-30.
(b) A foreign limited partnership transacting business in this State under a name other than the name shown on the certificate of registration shall comply with provisions of Section 33-42-45."
SECTION 339. Section 33-42-1650 of the 1976 Code is amended to read:
"Section 33-42-1650. If any statement in the application for registration of a foreign limited partnership was false when made or any arrangements or other facts described have changed, making the application inaccurate in any respect, the foreign limited partnership shall promptly file in the office of the Secretary of State Department of Commerce a certificate, signed and sworn to by a general partner, correcting such statement."
SECTION 340. Section 33-42-1660 of the 1976 Code is amended to read:
"Section 33-42-1660. A foreign limited partnership may cancel its registration by filing with the Secretary of State Department of Commerce a certificate of cancellation signed and sworn to by a general partner. A cancellation does not terminate the authority of the Secretary of State Department of Commerce to accept service of process on the foreign limited partnership with respect to causes of action arising out of the transactions of business in this State."
SECTION 341. Section 33-42-1670 of the 1976 Code is amended to read:
"Section 33-42-1670. (a) A foreign limited partnership transacting business in this State may not maintain any action, suit, or proceeding in any court of this State until it has registered in this State.
(b) The failure of a foreign limited partnership to register in this State does not impair the validity of any contract or act of the foreign limited partnership or prevent the foreign limited partnership from defending any action, suit, or proceeding in any court of this State.
(c) A limited partner of a foreign limited partnership is not liable as a general partner of the foreign limited partnership solely by reason of having transacted business in this State without registration.
(d) A foreign limited partnership, by transacting business in this State without registration, appoints the Secretary of State Department of Commerce as its agent for service of process with respect to causes of action arising out of the transaction of business in this State."
SECTION 342. Section 33-42-2040 of the 1976 Code is amended to read:
"Section 33-42-2040. (a) The Secretary of State Department of Commerce shall charge ten dollars for filing any document required to be filed pursuant to this chapter. This charge shall include the cost of sending to the person requesting the filing, or that person's designee, a duplicate copy of the document submitted with the original showing the date of filing.
(b) In all other cases of requests for copies of documents filed pursuant to this chapter, the Secretary of State Department of Commerce shall charge one dollar for the first page, fifty cents for each additional page, and two dollars for furnishing a certificate under seal."
SECTION 343. Section 33-43-103 of the 1976 Code, as added by Act 448 of 1994, is amended to read:
"Section 33-43-103. (A) The name of each limited liability company must contain the words 'limited liability company' or 'limited company' or the abbreviation 'L.L.C.', 'L.C.', 'LLC', 'LC'. The word 'limited' may be abbreviated as 'LTD.' and the word 'company' may be abbreviated as 'CO.'
(B) A limited liability company name may not be the same as or deceptively similar to:
(1) the name filed with the Secretary of State Department of Commerce of any limited liability company, limited partnership, professional corporation, or corporation existing under the laws of this State or foreign limited liability company, foreign corporation, or foreign professional corporation authorized to transact business in this State; or
(2) any name reserved or registered under Section 33-43-104, or any reserved name for a corporation or professional corporation existing under the laws of this State, or any registered name of either a foreign corporation or foreign professional corporation authorized to transact business in this State.
(C) The provisions of subsection (B) shall not apply if the applicant files with the Secretary of State Department of Commerce either of the following:
(1) the written consent of the holder of a reserved or registered name or filed name to use a deceptively similar name if one or more words are added, altered, or deleted to make the name distinguishable from the reserved or registered or filed name; or
(2) a certified copy of a final decree of a court of competent jurisdiction establishing the prior right of the applicant to the use of the name of this State."
SECTION 344. Section 33-43-104 of the 1976 Code, as added by Act 448 of 1994, is amended to read:
"Section 33-43-104. (A) A person may reserve the exclusive use of a 'limited liability company' name, including a designated name provided for in Section 33-43-1004 for a foreign limited liability company whose name is not available, by delivering an application to the Secretary of State Department of Commerce for filing. The application must set forth the name and address of the applicant and the name proposed to be reserved. If the Secretary of State Department of Commerce finds that the limited liability company name applied for is available, he shall reserve the name for the applicant's exclusive use for a nonrenewable one hundred twenty-day period.
(B) The owner of a reserved limited liability company name may transfer the reservation to another person by delivering to the Secretary of State Department of Commerce a signed notice of the transfer that states the name and address of the transferee.
(C) A foreign limited liability company may register its name that satisfies the requirements of Section 33-43-103.
(D) A foreign limited liability company registers its name or a designated name as provided in Section 33-43-1004 by delivering to the Secretary of State Department of Commerce for filing an application:
(1) setting forth its limited liability company name or a designated name as provided in Section 33-43-1004, the state or country and date of its organization, and a brief description of the nature of the business in which it is engaged; and
(2) accompanied by a certificate of existence (or a document of similar import) from the state or country of organization.
(E) The name is registered for the applicant's exclusive use upon the effective date of the application.
(F) A foreign limited liability company whose registration is effective may renew it for successive years by delivering to the Secretary of State Department of Commerce for filing a renewal application, which complies with the requirements of subsection (D), between October first and December thirty-first of the preceding year. The renewal application, when filed, renews the registration for the following calendar year.
(G) A foreign limited liability company whose registration is effective may qualify thereafter as a foreign limited liability company under the registered name or consent in writing to the use of that name by a limited liability company thereafter incorporated under Sections 33-43-101 through 33-43-1409 or by another foreign limited liability company thereafter authorized to transact business in this State. The registration terminates when the domestic limited liability company is incorporated or the foreign limited liability company qualifies or consents to the qualification of another foreign limited liability company under the registered name."
SECTION 345. Section 33-43-105 of the 1976 Code, as added by Act 448 of 1994, is amended to read:
"Section 33-43-105. (A) A limited liability company and a foreign limited liability company authorized to do business in South Carolina shall continuously maintain in this State:
(1) a registered office that may, but need not, be the same as its place of business; and
(2) a registered agent for service or process on the limited liability company that is an individual resident of this State, a limited liability company, a foreign limited liability company authorized to transact business in this State, or a corporation formed under the laws of or authorized to transact business in this State having a business office identical with the registered office.
(B) A limited liability company or a foreign limited liability company may change its registered office or registered agent by delivering to the Secretary of State Department of Commerce for filing a statement of change that sets forth:
(1) the name of the limited liability company;
(2) the street address of its current registered office;
(3) if the current registered office is to be changed, the street address of the new registered office;
(4) the name of its current registered agent;
(5) if the current registered agent is to be changed, the name of the new registered agent and the new agent's written consent (either on the statement or attached to it) to the appointment; and
(6) that after the change or changes are made, the street addresses of its registered office and the business office of its registered agent will be identical.
(C) If a registered agent changes the street address of his business office, he may change the street address of the registered office of any limited liability company or foreign limited liability company for which he is the registered agent by notifying the domestic or foreign limited liability company in writing of the change and signing (either manually or in facsimile) and delivering to the Secretary of State Department of Commerce for filing a statement that complies with the requirements of subsection (A) and recites that the domestic or foreign limited liability company has been notified of the change.
(D) A registered agent may resign his agency appointment by signing and delivering to the Secretary of State Department of Commerce for filing the signed original and two exact or conformed copies of a statement or resignation. The statement may include a statement that the registered office is also discontinued.
(1) After filing the statement, the Secretary of State Department of Commerce shall mail one copy to the registered office (if not discontinued) and the other copy to the domestic or foreign limited liability company at its principal office.
(2) The agency appointment is terminated, and the registered office discontinued if so provided, on the thirty-first day after the date on which the statement was filed."
SECTION 346. Section 33-43-201 of the 1976 Code, as added by Act 448 of 1994, is amended to read:
"Section 33-43-201. Two or more persons may form a limited liability company by signing articles of organization and delivering the signed articles to the Secretary of State Department of Commerce for filing. The persons who form a limited liability company must be members of the limited liability company at the time of formation.
A copy of the articles of organization which is filed with the Secretary of State Department of Commerce and which is stamped 'filed' and marked with the filing date is conclusive evidence that all conditions precedent required to be performed by the organizers have been satisfied and that the limited liability company has been legally organized under Sections 33-43-101 through 33-43-1409."
SECTION 347. Section 33-43-203 of the 1976 Code, as added by Act 448 of 1994, is amended to read:
"Section 33-43-203. (A) The articles of organization of a limited liability company may be amended by filing articles of amendment with the Secretary of State Department of Commerce. The articles of amendment shall set forth:
(1) the name of the limited liability company;
(2) the date the articles of organization were filed; and
(3) the amendment to the articles of organization.
(B) The articles of organization may be amended so long as the articles, as amended, contain only provisions that may be lawfully contained in articles of organization at the time of making the amendment.
(C) The articles of organization of a limited liability company must be amended when:
(1) there is a change in the name of the limited liability company;
(2) there is a false or erroneous statement in the articles of organization;
(3) there is a change in the time, as stated in the articles of organization, for the dissolution of the limited liability company;
(4) a limited liability company which is authorized to be managed by managers is no longer managed by managers;
(5) a limited liability company managed by members elects to be managed by managers; and
(6) the members desire to make a change in any other statement in the articles of organization in order for the articles to accurately represent the agreement among them.
(D) Articles of organization may be restated at any time. Restated articles of organization shall be filed with the Secretary of State Department of Commerce and shall be specifically designated as such in the heading and shall state either in the heading or in an introductory paragraph the limited liability company's present name, and, if it has been changed, all of its former names and the date of the filing of its articles of organization."
SECTION 348. Section 33-43-204 of the 1976 Code, as added by Act 448 of 1994, is amended to read:
"Section 33-43-204. (A) Unless otherwise provided in any other section of Sections 33-43-101 through 33-43-1409, any document required by Sections 33-43-101 through 33-43-1409 to be filed with the Secretary of State Department of Commerce shall be executed:
(1) if management of the limited liability company is vested in one or more managers by any manager;
(2) if management of the limited liability company is reserved to the members by any member;
(3) if the limited liability company has not been formed by the persons forming the limited liability company; or
(4) if the limited liability company is in the hands of a receiver, trustee, or other court-appointed fiduciary by that fiduciary.
(B) The person executing the document shall sign it and state beneath or opposite his signature the person's name and the capacity in which he signs.
(C) The person executing the document may do so as an attorney-in-fact. Powers of attorney relating to the execution of the document need not be filed with the Secretary of State Department of Commerce, but shall be retained by the limited liability company."
SECTION 349. Section 33-43-205 of the 1976 Code, as added by Act 448 of 1994, is amended to read:
"Section 33-43-205. Articles of incorporation or any other document to be filed pursuant to Sections 33-43-101 through 33-43-1409 shall be delivered to the office of the Secretary of State Department of Commerce, duly executed and accompanied by one exact or conformed copy. Should the Secretary of State Department of Commerce determine that a document conforms to the filing provisions of Sections 33-43-101 through 33-43-1409, including the payment of all required fees, the Secretary of State Department of Commerce shall:
(1) endorse on each signed original and duplicate copy the word 'filed' and the date and time of the document's acceptance for filing;
(2) retain the signed original in the Secretary of State's Department of Commerce's files; and
(3) return the duplicate copy to the person who filed it or the person's representative."
SECTION 350. Section 33-43-206 of the 1976 Code, as added by Act 448 of 1994, is amended to read:
"Section 33-43-206. (A) A limited liability company is formed when the articles of organization are filed by the Secretary of State Department of Commerce.
(B) Each copy of the articles of organization stamped 'filed' and marked with the filing date is conclusive proof that all conditions precedent required to be performed by the organizers have been complied with and that the limited liability company has been legally organized and formed under Sections 33-43-101 through 33-43-1409."
SECTION 351. Section 33-43-405(A) of the 1976 Code, as added by Act 448 of 1994, is amended to read:
"(A) A limited liability company shall keep at its principal place of business the following:
(1) a current and a past list, setting forth the full name and last known mailing address of each member and manager, if any, set forth in alphabetical order;
(2) a copy of the articles of organization, all amendments thereto, and all other documents filed with the Secretary of State Department of Commerce, together with executed copies of any powers of attorney pursuant to which the articles of amendment or any filed document has been executed;
(3) copies of the limited liability company's federal, state, and local tax returns and financial statements, if any, for the six most recent years or, if those returns and statements were not prepared for any reason, copies of the information and statements provided to, or which should have been provided to, the members to enable them to prepare their federal, state, and local tax returns for the period;
(4) copies of any effective written operating agreements, and all amendments thereto, and copies of any written operating agreements no longer in effect;
(5) unless contained in writing in an operating agreement:
(a) a writing setting out the amount of cash, if any, and a statement of the agreed value of other property or services, if any, contributed by each member and the times at which or events upon the happening of which any additional contributions are to be made by each member;
(b) a writing stating events, if any, upon the happening of which the limited liability company is to be dissolved and its affairs wound up; and
(c) other writings prepared pursuant to a requirement, if any, in any operating agreement."
SECTION 352. Section 33-43-901.1 of the 1976 Code, as added by Act 448 of 1994, is amended to read:
"Section 33-43-901.1. (A) The Secretary of State Department of Commerce shall commence a proceeding under Section 33-43-901.2 to dissolve a limited liability company administratively if:
(1) the limited liability company does not pay when they are due any taxes, interest, or penalties imposed by law of this State;
(2) the limited liability company is without a registered agent or registered office in this State; or
(3) the limited liability company does not notify the Secretary of State Department of Commerce that its registered agent or registered office has been changed, that its registered agent has resigned, or that its registered office has been discontinued.
(B) The Secretary of State Department of Commerce shall dissolve a limited liability company under Section 33-43-901.2(C) if he is notified by the Department of Revenue and Taxation that the limited liability company has failed to file a required tax return within sixty days of the notice they are delinquent."
SECTION 353. Section 33-43-901.2 of the 1976 Code, as added by Act 448 of 1994, is amended to read:
"Section 33-43-901.2. (A) If the Secretary of State Department of Commerce determines that grounds exist under Section 33-43-901(A) for dissolving a limited liability company, he shall mail written notice of his determination to the limited liability company.
(B) If the limited liability company does not correct each ground for dissolution or demonstrate to the reasonable satisfaction of the Secretary of State Department of Commerce that each ground determined by the Secretary of State Department of Commerce does not exist within sixty days after the notice required by subsection (A) was mailed, the Secretary of State Department of Commerce shall dissolve the limited liability company administratively by signing a certificate of dissolution that recites the grounds for dissolution and its effective date. The Secretary of State Department of Commerce shall file the original of the certificate and send a copy to the limited liability company by registered or certified mail addressed to its registered agent at its registered office.
(C) If the Secretary of State Department of Commerce is notified by the Department of Revenue and Taxation that the limited liability company has failed to file a required tax return within sixty days of the notice they are delinquent, the Secretary of State Department of Commerce shall dissolve the limited liability company administratively by signing a certificate of dissolution that recites the grounds for dissolution and its effective date. The Secretary of State Department of Commerce shall file the original of the certificate and send a copy to the limited liability company by registered or certified mail addressed to its registered agent at its registered office.
(D) A limited liability company dissolved administratively may wind up its business and affairs pursuant to the provisions of Section 33-43-904, distribute its assets as provided in Section 33-43-905, file articles of dissolution pursuant to Section 33-43-906, and notify claimants pursuant to Section 33-43-907 and Section 33-43-908.
(E) The administrative dissolution of a limited liability company does not terminate the authority of its registered agent."
SECTION 354. Section 33-43-901.3 of the 1976 Code, as added by Act 448 of 1994, is amended to read:
"Section 33-43-901.3. (A) A limited liability company dissolved administratively under Section 33-43-901.2 may apply to the Secretary of State Department of Commerce for reinstatement at any time after the effective date of dissolution and prior to the latest date upon which the limited liability company is to dissolve as set forth in the dissolved limited liability company's articles of organization. The applicant must:
(1) recite the name of the limited liability company and the effective date of its administrative dissolution;
(2) state that the grounds for dissolution either did not exist or have been eliminated;
(3) state that the limited liability company's name satisfies the requirements of Section 33-43-103; and
(4) contain a certificate from the South Carolina Department of Revenue and Taxation reciting that all taxes, penalties, and interest owed by the limited liability company, whether assessed or not, have been paid.
(B) If the Secretary of State Department of Commerce determines that the application contains the information required by subsection (A) and that the information is correct, he shall cancel the certificate of dissolution and prepare a certificate of reinstatement that recites his determination and the effective date of reinstatement, file the original of the certificate, and send a copy to the limited liability company.
(C) When the reinstatement is effective, it relates back to and takes effect as of the effective date of the administrative dissolution, and the limited liability company resumes carrying on its business as if the administrative dissolution had never occurred."
SECTION 355. Section 33-43-901.4 of the 1976 Code, as added by Act 448 of 1994, is amended to read:
"Section 33-43-901.4. (A) If the Secretary of State Department of Commerce denies a limited liability company's application for reinstatement following administrative dissolution, he shall send a written notice that explains the reasons for denial to the limited liability company by registered or certified mail addressed to its registered agent at its registered office.
(B) The limited liability company may appeal the denial of reinstatement to the court of common pleas for Richland County within thirty days after the notice of denial was received. The limited liability company appeals by petitioning the court to set aside the dissolution and attaching to the petition copies of the Secretary of State's Department of Commerce's certificate of dissolution, the limited liability company's application for reinstatement, and the Secretary of State's Department of Commerce's notice of denial.
(C) The court may summarily order the Secretary of State Department of Commerce to reinstate the dissolved limited liability company or may take other action the court considers appropriate.
(D) The court's final decision may be appealed as in other civil proceedings."
SECTION 356. Section 33-43-906 of the 1976 Code, as added Act 448 of 1994, is amended to read:
"Section 33-43-906. After the dissolution of the limited liability company pursuant to Section 33-43-901, the limited liability company may file articles of dissolution with the Secretary of State Department of Commerce which set forth:
(A) the name of the limited liability company;
(B) the date of filing of its articles of organization and all amendments thereto;
(C) the reason for filing the articles of dissolution;
(D) the effective date (which shall be a date certain) of the articles of dissolution if they are not to be effective upon the filing; and
(E) any other information the members or managers filing the certificate shall deem proper."
SECTION 357. Section 33-43-1002 of the 1976 Code, as last amended by Act 60 of 1995, is further amended to read:
"Section 33-43-1002. (A) A foreign limited liability company may apply for a certificate of authority to transact business in this State by delivering an application to the Secretary of State Department of Commerce for filing. The application must set forth:
(1) the name of the foreign limited liability company that satisfies the requirements of Section 33-43-1004;
(2) the name of the state or country under which it is organized;
(3) its date of organization and the latest date upon which the limited liability company is to dissolve;
(4) the street address of its proposed registered office in this State and the name of its proposed registered agent at that office;
(5) if management of the limited liability company is vested in a manager or managers, a statement to that effect.
(B) The foreign limited liability company shall deliver with the completed application a certificate of existence (or a document of similar import) duly authenticated by the Secretary of State Department of Commerce or other official having custody of limited liability company records in the state or country under which law it is organized.
(C) If the foreign limited liability company renders 'professional services' as defined in Section 33-43-102(N), a statement that all of its members are licensed in one or more states to render the professional services which the foreign limited liability company practices and that one or more of its members is licensed in South Carolina to render such professional services.
(D) By applying for a certificate of authority to transact business in this State, the foreign limited liability company agrees to be subject to the jurisdiction of the Department of Revenue and Taxation and the South Carolina courts to determine its South Carolina tax liability, including withholding and estimated taxes, together with any related interest and penalties, if any. Registering is not an admission of tax liability."
SECTION 358. Section 33-43-1003 of the 1976 Code, as added by Act 448 of 1994, is amended to read:
"Section 33-43-1003. (A) If the Secretary of State Department of Commerce finds that an application for registration conforms to the provisions of this article and all requisite fees have been paid, the Secretary shall:
(1) endorse on each signed original and duplicate copy the word 'filed' and the date and time of its acceptance for filing;
(2) retain the signed original in the Secretary of State's Department of Commerce files; and
(3) return the duplicate copy to the person who filed it or the person's representative.
(B) If the Secretary of State Department of Commerce is unable to make the determination required for filing by subsection (A) at the time any documents are delivered for filing, the documents are deemed to have been filed at the time of delivery if the Secretary of State Department of Commerce subsequently determines that:
(1) the documents as delivered conform to the filing provisions of Sections 33-43-101 through 33-43-1409; or
(2) within twenty days after notification of nonconformance is given by the Secretary of State Department of Commerce to the person who delivered the documents for filing for the person's representative, the documents are brought into conformance.
(C) If the filing and determination requirements of Sections 33-43-101 through 33-43-1409 are not satisfied within the time prescribed in subsection (B)(2), the documents shall not be filed."
SECTION 359. Section 33-43-1005 of the 1976 Code, as added by Act 448 of 1994, is amended to read:
"Section 33-43-1005. (A) The application for registration of a foreign limited liability company is amended by filing articles of amendment with the Secretary of State Department of Commerce signed by a person with authority to do so under the laws of the State or other jurisdiction of its formation. The articles of amendment shall set forth:
(1) the name of the foreign limited liability company;
(2) the date the original application for registration was filed; and
(3) the amendment to the application for registration.
(B) the application for registration may be amended in any way, provided that the application for registration, as amended, contains only provisions that may be lawfully contained in an application for registration at the time of the amendment.
(C) A foreign limited liability company authorized to transact business in South Carolina must obtain an amended certificate of authority from the Secretary of State Department of Commerce if it changes:
(1) its limited liability company name;
(2) the period of its duration;
(3) the state or country of its organization;
(4) from a member managed limited liability company to a limited liability company managed by managers;
(5) from a limited liability company managed by managers to a limited liability company managed by its members;
An amended certificate of authorization must also be obtained if:
(6) there is a false or erroneous statement in the original filed application for a certificate of authority."
SECTION 360. Section 33-43-1006 of the 1976 Code, as added by Act 448 of 1994, is amended to read:
"Section 33-43-1006. (A) A foreign limited liability company authorized to transact business in this State may cancel its registration upon procuring from the Secretary of State Department of Commerce a certificate of cancellation. In order to procure such certificate, the foreign limited liability company shall deliver to the Secretary of State Department of Commerce an application for cancellation, which shall set forth:
(1) the name of the foreign limited liability company and the state or other jurisdiction under the laws of which it is formed;
(2) that the foreign limited liability company is not transacting business in this State;
(3) that the foreign limited liability company surrenders its certificate of registration to transact business in this State;
(4) that the foreign limited liability company revokes the authority of its registered agent for service of process in this State and consents that service of process in any action, suit, or proceeding based upon any cause of action arising in this State may thereafter be made on such foreign limited liability company by service thereof upon the Secretary of State Department of Commerce; and
(5) an address to which a person may mail a copy of any process against the foreign limited liability company.
(B) The application for cancellation shall be in the form and manner designated by the Secretary of State Department of Commerce and shall be executed on behalf of the foreign limited liability company by a person with authority to do so under the laws of the State or other jurisdiction of its formation, or, if the foreign limited liability company is in the hands of a receiver, trustee, or other court-appointed fiduciary by that fiduciary.
(C) A cancellation does not terminate the authority of the Secretary of State Department of Commerce to accept service of process on the foreign limited liability company with respect to causes of action arising out of the doing of business in this State."
SECTION 361. Section 33-43-1007(C) of the 1976 Code, as added by Act 448 of 1994, is amended to read:
"(C) A foreign limited liability company, by transacting business in this State without registration, appoints the Secretary of State Department of Commerce as its agent for service of process with respect to a cause of action arising out of the transaction of business in this State."
SECTION 362. Section 33-43-1008(A) of the 1976 Code, as added by Act 448 of 1994, is amended to read:
"(A) A foreign limited liability company may not transact business in this State until it obtains a certificate of authority from the Secretary of State Department of Commerce."
SECTION 363. Section 33-43-1105 of the 1976 Code, as added by Act 448 of 1994, is amended to read:
"Section 33-43-1105. The Attorney General may commence a proceeding to dissolve a limited liability company which renders professional services if:
(1) the Secretary of State Department of Commerce or a licensing authority with jurisdiction over the limited liability company which renders professional services serves written notice on the limited liability company that it has violated or is violating a provision of this chapter (other than the provisions specified in Section 33-43-901.1, a violation of which gives the Secretary of State Department of Commerce authority to administratively dissolve the limited liability company);
(2) the limited liability company does not correct each alleged violation, or demonstrate to the reasonable satisfaction of the Secretary of State Department of Commerce or licensing authority that this did not occur, within sixty days after service of the notice is perfected; and
(3) the Secretary of State Department of Commerce or licensing authority certifies to the Attorney General a description of the violation, that it notified the limited liability company of the violation, and that the limited liability company did not correct it, or demonstrate that it did not occur, within sixty days after service of notice."
SECTION 364. Section 33-43-1202 of the 1976 Code, as added by Act 448 of 1994, is amended to read:
"Section 33-43-1202. (A) The registered agent appointed by a limited liability company or a foreign limited liability company shall be an agent of a limited liability company or foreign limited liability company upon whom any process, notice, or demand required or permitted by law to be served upon the limited liability company or foreign limited liability company may be served.
(B) If a limited liability company or foreign limited liability company fails to appoint or maintain a registered agent in this State or its registered agent cannot with reasonable diligence be found at the registered office, the Secretary of State Department of Commerce shall be an agent of such limited liability company or foreign limited liability company upon whom any such process, notice, or demand may be served. Service on the Secretary of State Department of Commerce of any process, notice, or demand shall be made by delivering to and leaving with the Secretary of State Department of Commerce duplicate copies of the process, notice, or demand. If the process, notice, or demand is served on the Secretary of State Department of Commerce, the Secretary of State Department of Commerce shall immediately forward one of the copies by registered mail to the limited liability company or foreign limited liability company at its registered office. Service on the Secretary of State Department of Commerce shall be returnable in not less than thirty days.
(C) The Secretary of State Department of Commerce shall keep a record of all process, notices, and demands, served pursuant to this section and record the time and the action taken regarding the services.
(D) This section shall not limit or affect the right to serve any process, notice, or demand required or permitted by law to be served upon a limited liability company or foreign limited liability company in any other manner permitted by law."
SECTION 365. Section 33-43-1304 of the 1976 Code, as added by Act 448 of 1994, is amended to read:
"Section 33-43-1304. (A) The surviving limited liability company shall deliver to the Secretary of State Department of Commerce articles of merger executed by each constituent limited liability company setting forth:
(1) the name and jurisdiction of formation or organization of each limited liability company which is to merge;
(2) that an agreement of merger has been approved and executed by each limited liability company which is a party to the merger;
(3) the name of the surviving or resulting limited liability company;
(4) the future effective date of the merger (which shall be a date or time certain) if it is not to be effective upon the filing of the articles of merger;
(5) that the agreement of merger is on file at a place of business of the surviving limited liability company, and the address of that place of business;
(6) that a copy of the agreement of merger will be furnished by the surviving limited liability company, on request and without cost, to any person holding an interest in any limited liability company which is to merge; and
(7) if the surviving or resulting limited liability company is not a limited liability company organized under the laws of this State, a statement that such surviving limited liability company:
(a) agrees that it may be served with process in this State in any proceeding for enforcement of any obligation of any limited liability company party to the merger that was organized under the laws of this State, as well as for enforcement of any obligation of the surviving limited liability company or the new limited liability company arising from the merger; and
(b) appoints the Secretary of State Department of Commerce as its agent for service of process in any such proceeding, and the surviving limited liability company or the new limited liability company shall specify the address to which a copy of the process shall be mailed to it by the Secretary of State Department of Commerce.
(B) A merger takes effect upon the later of the effective date of the filing of the articles of merger or the date set forth in the articles of merger.
(C) The articles of merger shall be executed by a limited liability company that is a party to the merger in the manner provided for in Section 33-43-204 and shall be filed with the Secretary of State Department of Commerce in the manner provided for in Section 33-43-205.
(D) Articles of merger shall constitute articles of dissolution for a limited liability company which is not the surviving limited liability company in the merger.
(E) An agreement of merger approved in accordance with Sections 33-43-1302 and 33-43-1303 may affect any amendment to an operating agreement or affect the adoption of a new operating agreement for a limited liability company if it is the surviving limited liability company in the merger. An approved agreement of merger may also provide that the operating agreement of any constituent limited liability company to the merger (including a limited liability company formed for the purpose of consummating a merger) shall be the operating agreement of the surviving or resulting limited liability company. Any amendment to an operating agreement or adoption of a new operating agreement made pursuant to this subsection (E) shall be effective at the effective time or date of the merger.
(F) For purposes of this section, except with respect to subsections (A)(7) and (D), the term 'limited liability company' shall include both domestic and foreign limited liability companies."
SECTION 366. Section 33-43-1401 of the 1976 Code, as added by Act 448 of 1994, is amended to read:
"Section 33-43-1401. (A) The Secretary of State Department of Commerce shall collect the following fees when the following documents described in this subsection are delivered to him for filing:
(1) Articles of organization of a domestic limited liability company: one hundred and ten dollars.
(2) Articles of amendment to the articles of organization of a domestic limited liability company: one hundred and ten dollars.
(3) Articles of merger involving a domestic or foreign limited liability company: one hundred and ten dollars.
(4) Application by a foreign limited liability company for a certificate of authority to do business in South Carolina: one hundred and ten dollars.
(5) Amendment by a foreign limited liability company of its certificate of authority: one hundred and ten dollars.
(6) Restated articles of organization of a limited liability company filed with an amendment to the articles of organization: ten dollars.
(7) Application for reservation of a limited liability company name: twenty-five dollars.
(8) Notice of transfer of a reserved limited liability company name: ten dollars.
(9) Annual application for registration (or renewal) of a foreign limited liability company name: ten dollars.
(10) Statement of change of registered office or registered agent, or both: ten dollars.
(11) Articles of dissolution: ten dollars.
(12) Articles of revocation of dissolution: ten dollars.
(13) Application for reinstatement after administrative dissolution: twenty-five dollars.
(14) Application for certificate of withdrawal: ten dollars.
(15) Application for certificate of existence or authorization: ten dollars.
(16) Any other document required or permitted to be filed pursuant to Sections 33-43-101 through 33-43-1409: two dollars.
(B) The Secretary of State Department of Commerce shall collect a fee of ten dollars each time process is served on him under Sections 33-43-101 through 33-43-1409. The party to a proceeding causing service of process is entitled to recover this fee as costs if he prevails in the proceeding.
(C) The Secretary of State Department of Commerce shall collect the following fees for copying and certifying the copy of any filed document relating to a domestic or foreign limited liability company:
(1) for copying, one dollar for the first page and fifty cents for each additional page; and,
(2) two dollars for each certificate."
SECTION 367. Section 33-43-1402 of the 1976 Code, as added by Act 448 of 1994, is amended to read:
"Section 33-43-1402. Any person who is adversely affected by the failure or refusal of any person to execute and file any articles or other documents to be filed under Sections 33-43-101 through 33-43-1409 may petition the court of common pleas in the county where the registered office of the limited liability company is located to direct the execution and filing of the articles or other documents. If the court finds that it is proper for the articles or other documents to be executed and filed and that there has been failure or refusal to execute and file such documents, it shall order the Secretary of State Department of Commerce to file the appropriate articles or other documents."
SECTION 368. Section 33-45-40 of the 1976 Code is amended to read:
"Section 33-45-40. They shall file with the Secretary of State Department of Commerce a written petition, signed by themselves, setting forth:
(1) The names and residences of the petitioners;
(2) The name of the proposed corporation, which shall include the word 'cooperative';
(3) The place at which it proposes to have its principal place of business;
(4) The general nature of the business which it proposes to engage in;
(5) The amount of capital stock of the association and how and when payable;
(6) The number of shares into which the capital stock is to be divided and the par value of each share; and
(7) All other matters which it may be desirable to set forth."
SECTION 369. Section 33-45-50 of the 1976 Code is amended to read:
"Section 33-45-50. Upon the filing of the petition as above and upon the payment of the fee for filing such petition the Secretary of State Department of Commerce shall issue to the petitioners a commission constituting them a board of incorporators and authorizing them to open books of subscription to the capital stock of the proposed association after such public notice, not exceeding ten days, as he may require in such commission."
SECTION 370. Section 33-45-140 of the 1976 Code is amended to read:
"Section 33-45-140. Upon the payment to the treasurer or the secretary-treasurer of the association of at least twenty per cent of the aggregate amount of the capital subscribed payable in money and also upon the delivery of at least twenty per cent of the property subscribed to the aggregate amount of the capital stock or upon its delivery being secured by such obligations of the subscribers as the board of directors may approve, the board of directors shall, over their own signatures, certify to the Secretary of State Department of Commerce that all the requirements for the formation of the corporation have been complied with. Upon the filing of this return by the directors and the payment of the required fee for filing such return and upon the receipt of the charter fee as now provided by law the Secretary of State Department of Commerce shall issue to the board of incorporators a certificate of charter authorizing the association to commence business under the name and for the purposes indicated in the written declaration. The certificate of charter granted by the Secretary of State Department of Commerce shall be recorded in the office of the register of mesne conveyances or the clerk for the county in which such association shall have a business office. The board of incorporators shall turn over to the proper officers of the association all subscriptions, lists or other papers which they have taken as incorporators and all such papers shall be as valid as if taken and made by the corporation."
SECTION 371. Section 33-45-145 of the 1976 Code is amended to read:
"Section 33-45-145. A cooperative may amend its articles of incorporation by complying with the following requirements:
(1) The proposed amendment shall be first approved by the board of directors and shall then be submitted to a vote of the members at any annual or special meeting thereof. Notice of the proposed amendments shall be mailed to each member not less than ten days prior to the meeting at which it shall be voted upon. The proposed amendment, with such changes as the members shall choose to make therein, shall be deemed to be approved on the affirmative vote of not less than two thirds of those members voting thereon at such annual or special meeting.
(2) Upon such approval by the members, articles of amendment shall be executed and acknowledged on behalf of the cooperative by its president or vice-president and its corporate seal shall be affixed thereto and attested by its secretary. The articles of amendment shall recite in the caption that they are executed pursuant to this chapter and shall state
(a) the name of the cooperative,
(b) the address of its principal office,
(c) the date of the filing of its articles of incorporation in the office of the Secretary of State Department of Commerce and
(d) the amendment to its articles of incorporation.
The president or vice-president executing such articles of amendment shall also make and annex thereto an affidavit stating that the provisions of this section were duly complied with. Such articles of amendment and affidavit shall be submitted to the Secretary of State Department of Commerce for filing as provided in this chapter.
As used in this section 'articles of incorporation' also means 'certificate of charter' as used elsewhere in this chapter."
SECTION 372. Section 33-45-200 of the 1976 Code is amended to read:
"Section 33-45-200. All cooperative corporations, associations or companies which were organized and doing business under the corporation statutes of this State or had attempted so to organize and so to do business prior to March 21, 1915 shall have the benefit of all the provisions of this chapter and shall be bound thereby on filing with the Secretary of State Department of Commerce a written declaration signed and sworn to by the president and secretary to the effect that such cooperative company or association has, by a majority vote of its stockholders, decided to accept the benefits of, and to be bound by, the provisions of this chapter. No association organized under this chapter shall be required to do or to perform anything not specially required herein in order to become a corporation or to continue its business as such."
SECTION 373. Section 33-46-90 of the 1976 Code, as added by Act 392 of 1994, is amended to read:
"Section 33-46-90. Articles of incorporation, amendments, consolidations,
mergers, conversions, or dissolutions and certificates of election to dissolve and affidavits of compliance, as the case may be, when executed and acknowledged and accompanied by such affidavits as may be required by the provisions of this chapter, must be presented to the Secretary of State Department of Commerce for filing in the records of that office. If the Secretary of State's Department of Commerce's office finds that the articles presented conform to the requirements of this chapter, it shall, upon payment of fees as prescribed in Section 33-1-220, file the articles so presented in the records of the office, and, upon such filing, the incorporation, amendment, consolidation, merger, conversion, or dissolution provided for therein is in effect."
SECTION 374. Section 33-46-230 of the 1976 Code, as added by Act 392 of 1994, is amended to read:
"Section 33-46-230. The articles of incorporation shall recite in the caption that they are executed pursuant to this chapter, must be signed and acknowledged by each of the incorporators, and shall state:
(1) the name of the telephone cooperative;
(2) the address of its principal office;
(3) the name and address of the incorporators;
(4) the name and address of the persons who shall constitute its first board of directors; and
(5) any provisions not inconsistent with this chapter considered necessary or advisable for the conduct of its business and affairs.
Such articles of incorporation must be submitted to the Secretary of State Department of Commerce for filing as provided in this chapter. It is not necessary to set forth in the articles of incorporation of a telephone cooperative the purpose for which it is organized or any of the corporate powers vested in a telephone cooperative under this chapter. Nothing in this chapter shall be interpreted to require a corporation created pursuant to Title 33, Chapter 45 and existing before the enactment of this chapter to amend its charter unless the corporation elects to convert pursuant to Article 8."
SECTION 375. Section 33-46-240 of the 1976 Code, as added by Act 392 of 1994, is amended to read:
"Section 33-46-240. The name of each telephone cooperative shall include the words 'Telephone' and 'Cooperative' and the abbreviation 'Inc.'; provided, however, such limitations do not apply if, from an affidavit made by the president or vice president of a telephone cooperative and filed with the Secretary of State Department of Commerce, it appears that the telephone cooperative desires to transact business in another state and is precluded therefrom by reason of its name."
SECTION 376. Section 33-46-600 of the 1976 Code, as added by Act 392 of 1994, is amended to read:
"Section 33-46-600. A telephone cooperative may amend its articles of incorporation by complying with the following requirements:
(1) The proposed amendment must be first approved by the board of directors and must then be submitted to a vote of the members at any annual or special meeting thereof, the notice of which shall set forth the proposed amendment. The proposed amendment, with such changes as the members shall choose to make therein, must be considered approved on the affirmative vote of not less than two-thirds of those members voting thereon at the meeting.
(2) Upon such approval by the members, articles of amendment must be executed and acknowledged on behalf of the telephone cooperative by the directors carrying out the duties performed generally by the president or vice president and its corporate seal must be affixed thereto and attested by the director carrying out the duties of secretary. The articles of amendment shall recite in the caption that they are executed pursuant to this chapter and shall state:
(a) the name of the telephone cooperative;
(b) the address of the principal office;
(c) the date of the filing of its articles of incorporation in the Office of the Secretary of State Department of Commerce; and
(d) the amendment to its articles of incorporation.
The officers executing the articles of amendment shall also make and annex thereto an affidavit stating that the provisions of this section were complied with. The articles of amendment and affidavit must be submitted to the Secretary of State Department of Commerce for filing as provided in this chapter."
SECTION 377. Section 33-46-610 of the 1976 Code, as added by Act 392 of 1994, is amended to read:
"Section 33-46-610. A telephone cooperative may, without amending its articles of incorporation, upon authorization of its board of directors, change the location of its principal office by filing a certificate of change of principal office, executed and acknowledged on behalf of the telephone cooperative by the director carrying out the duties performed generally by the president or vice president under its seal attested by the director carrying out the duties of secretary, with the Office of the Secretary of State Department of Commerce and also in each county office in which the articles of incorporation or any prior certificate of change of principal office of such telephone cooperative has been filed. Such telephone cooperative shall also within thirty days after filing such certificate of change of principal office in any county office file therein certified copies of its articles of incorporation and all amendments thereto if the same are not already on file therein."
SECTION 378. Section 33-46-620 of the 1976 Code, as added by Act 392 of 1994, is amended to read:
"Section 33-46-620. Any two or more telephone cooperatives, each of which is hereinafter designated a 'consolidating cooperative', may consolidate into a new telephone cooperative, hereinafter designated the 'new cooperative', by complying with the following requirements:
(1) The proposition for the consolidation of the consolidating cooperatives into the new cooperative and proposed articles of consolidation to give effect thereto must be first approved by the board of directors of each consolidating cooperative. The proposed articles of consolidation shall recite in the caption that they are executed pursuant to this chapter and shall state:
(a) the name of each consolidating telephone cooperative, the address of its principal office, and the date of the filing of its articles of incorporation in the Office of with the Secretary of State Department of Commerce;
(b) the name of the new telephone cooperative and the address of its principal office;
(c) the names and addresses of the persons who shall constitute the first board of directors of the new cooperative;
(d) the terms and conditions of the consolidation and the mode of carrying the same into effect, including the manner and basis of converting memberships in each consolidating cooperative into memberships in the new cooperative and the issuance of certificates of membership or other evidence of membership in respect of such converted memberships; and
(e) any provisions not inconsistent with this chapter considered necessary or advisable for the conduct of the business and affairs of the new telephone cooperative.
(2) The proposition for the consolidation of the consolidating telephone cooperatives into the new telephone cooperative and the proposed articles of consolidation approved by the board of directors of each consolidating telephone cooperative must then be submitted to a vote of the members of each consolidating cooperative at any annual or special meeting thereof, the notice of which shall set forth full particulars concerning the proposed consolidation. The proposed consolidation and the proposed articles of consolidation must be considered approved upon the affirmative vote of not less than two-thirds of those members of each consolidating telephone cooperative present and voting thereon at such meeting.
(3) Upon such approval by the members of the respective consolidating telephone cooperatives, articles of consolidation in the form approved must be executed and acknowledged on behalf of each consolidating cooperative by the director carrying out the duties performed generally by the president or vice president, and its seal must be affixed thereto and attested by the director carrying out the duties of secretary. The director carrying out the duties performed generally by the president or vice president of each consolidating telephone cooperative executing such articles of consolidation shall also make and annex thereto an affidavit stating that the provisions of this section were complied with by such telephone cooperative. The articles of consolidation and affidavits must be submitted to the Secretary of State Department of Commerce for filing as provided in this chapter."
SECTION 379. Section 33-46-630 of the 1976 Code, as added by Act 392 of 1994, is amended to read:
"Section 33-46-630. Any one or more telephone cooperatives, each of which is hereinafter designated a 'merging cooperative', may merge into another telephone cooperative, hereinafter designated the 'surviving cooperative', by complying with the following requirements:
(1) The proposition for the merger of the merging cooperatives into the surviving cooperative and proposed articles of merger to give effect thereto must be first approved by the board of directors of each merging cooperative and by the board of directors of the surviving cooperative. The proposed articles of merger shall recite in the caption that they are executed pursuant to this chapter and shall state:
(a) the name of each merging cooperative, the address of its principal office, and the date of the filing of its articles of incorporation in the Office of with the Secretary of State Department of Commerce;
(b) the name of the surviving cooperative and the address of its principal office;
(c) a statement that the merging cooperative elects to be merged into the surviving cooperative;
(d) the terms and conditions of the merger and the mode of carrying the same into effect, including the manner and basis of converting memberships in the merging cooperative or cooperatives into memberships in the surviving cooperative and the issuance of certificates of membership or other evidence of membership in respect of such converted memberships; and
(e) any provisions not inconsistent with this chapter considered necessary or advisable for the conduct of the business and affairs of the new telephone cooperative.
(2) The proposition for the merger of the merging cooperatives into the surviving cooperative and the proposed articles of merger approved by the board of directors of the respective telephone cooperatives, parties to the proposed merger, must then be submitted to a vote of the members of each such telephone cooperative at any annual or special meeting thereof, the notice of which shall set forth full particulars concerning the proposed merger. The proposed merger and the proposed articles of merger must be considered approved upon the affirmative vote of not less than two-thirds of those members of each telephone cooperative present and voting thereon at such meeting.
(3) Upon such approval by the members of the respective telephone cooperatives, parties to the proposed merger, articles of merger in the form approved must be executed and acknowledged on behalf of each such cooperative by the director carrying out the duties generally of the president or vice president, and its seal must be affixed thereto and attested by the director carrying out the duties of secretary. The director carrying out the duties of president or vice president of each telephone cooperative executing such articles of merger shall also make and annex thereto an affidavit stating that the provisions of this section were complied with by such telephone cooperative. The articles of merger and affidavits must be submitted to the Secretary of State Department of Commerce for filing as provided in this chapter."
SECTION 380. Section 33-46-650 of the 1976 Code, as added by Act 392 of 1994, is amended to read:
"Section 33-46-650. Any telephone cooperative may merge into a corporation which is not another telephone cooperative by complying with the following requirements:
(1) The proposition for the merger of the telephone cooperative into the corporation and proposed articles of merger to give effect thereto must be first approved by the board of directors of the cooperative. The proposed articles of merger shall recite in the caption that they are executed pursuant to this chapter and shall state:
(a) the name of the telephone cooperative, the address of its principal office, and the date of the filing of the articles of incorporation in the Office of the Secretary of State;
(b) the name of the corporation and the address of its principal office;
(c) a statement that the telephone cooperative elects to be merged into the corporation;
(d) the terms and conditions of the merger and the mode of carrying the same into effect, including the manner and basis of converting memberships in the telephone cooperative into shares of stock in the corporation; and
(e) any provisions not inconsistent with this chapter considered necessary or advisable for the conduct of the business and affairs of the new corporation.
(2) The proposition for the merger and the proposed articles of merger approved by the board of directors of the telephone cooperative must then be submitted to a vote of the members of such telephone cooperative at any annual or special meeting thereof, the notice of which shall set forth full particulars concerning the proposed merger. The proposed merger and the proposed articles of merger must be considered approved upon the affirmative vote of not less than two-thirds of the members of the telephone cooperative.
(3) Upon such approval by the members of the telephone cooperative, articles of merger in the form approved must be executed and acknowledged on behalf of the cooperative by the director carrying out the duties generally of the president or vice president, and its seal must be affixed thereto and attested by the director carrying out the duties of secretary. The director carrying out the duties of the president or vice president of the telephone cooperative executing such articles of merger shall also make and annex thereto an affidavit stating that the provisions of this section were complied with by such telephone cooperative. The articles of merger and affidavits must be submitted to the Secretary of State Department of Commerce for filing as provided in this chapter."
SECTION 381. Section 33-46-700 of the 1976 Code, as added by Act 392 of 1994, is amended to read:
"Section 33-46-700. A telephone cooperative which has not commenced business may dissolve voluntarily by delivering to the Secretary of State Department of Commerce articles of dissolution, executed and acknowledged on behalf of the telephone cooperative by a majority of the incorporators, and shall state:
(1) the name of the telephone cooperative;
(2) the address of its principal office;
(3) the date of its incorporation;
(4) that the telephone cooperative has not commenced any business;
(5) that the amount, if any, actually paid in on account of membership fees, less any part thereof disbursed for necessary expenses, has been returned to those entitled thereto and that all easements have been released to the grantors;
(6) that no debt of the telephone cooperative remains unpaid; and
(7) that a majority of the incorporators elect that the telephone cooperative be dissolved.
The articles of dissolution must be submitted to the Secretary of State Department of Commerce for filing as provided in this chapter."
SECTION 382. Section 33-46-740 of the 1976 Code, as added by Act 392 of 1994, is amended to read:
"Section 33-46-740. Such certificate and affidavit must be submitted to the Secretary of State Department of Commerce for filing as provided in this chapter and thereupon the telephone cooperative shall cease to carry on its business except insofar as may be necessary for the winding up thereof, but its corporate existence shall continue until articles of dissolution have been filed by the Secretary of State Department of Commerce."
SECTION 383. Section 33-46-750 of the 1976 Code, as added by Act 392 of 1994, is amended to read:
"Section 33-46-750. After the filing of the certificate and affidavit by the Secretary of State Department of Commerce, the board of directors shall immediately cause notice of the winding up proceedings to be mailed to each known creditor and claimant and to be published once a week for two successive weeks in a newspaper of general circulation in the county in which the principal office of the telephone cooperative is located."
SECTION 384. Section 33-46-770 of the 1976 Code, as added by Act 392 of 1994, is amended to read:
"Section 33-46-770. When all debts, liabilities, and obligations of the telephone cooperative have been paid and discharged or adequate provisions have been made therefor, and all the remaining property and assets of the telephone cooperative have been distributed to the members pursuant to the provisions of Section 33-46-460, the board of directors shall authorize the execution of articles of dissolution, which must thereupon be executed and acknowledged on behalf of the cooperative by the director carrying out the duties generally of the president or vice president, and its corporate seal must be affixed thereto and attested by the director carrying out the duties of secretary. The articles of dissolution shall recite in the caption that they are executed pursuant to this chapter and shall state:
(1) the name of the telephone cooperative;
(2) the address of the principal office of the telephone cooperative;
(3) that the telephone cooperative has theretofore delivered to the Secretary of State Department of Commerce a certificate of election to dissolve and the date on which the certificate was filed by the Secretary of State Department of Commerce in the records of his office;
(4) that all debts, obligations, and liabilities of the telephone cooperative have been paid and discharged or that adequate provisions have been made therefor;
(5) that all the remaining property and assets of the telephone cooperative have been distributed among the members in accordance with the provisions of Section 33-46-460; and
(6) that there are no actions or suits pending against the telephone cooperative.
The director executing the articles of dissolution shall also make and annex thereto an affidavit stating that the provisions of this article have been complied with. The articles of dissolution and affidavit accompanied by proof of the publication required in Section 33-46-750 must be submitted to the Secretary of State Department of Commerce for filing as provided in this chapter."
SECTION 385. Section 33-46-810 of the 1976 Code, as added by Act 392 of 1994, is amended to read:
"Section 33-46-810. The proposition for the conversion of such corporation into a telephone cooperative and the proposed articles of conversion to give effect thereto must be first approved by the board of directors of such corporation. The proposed articles of conversion shall recite in the caption that they are executed pursuant to this chapter and shall state:
(1) the name of the corporation before its conversion into a telephone cooperative;
(2) the address of the principal office of such corporation;
(3) the date of the filing of the articles of incorporation of such corporation in the Office of with the Secretary of State Department of Commerce;
(4) the statute or statutes under which such corporation was organized;
(5) the name assumed by such corporation;
(6) a statement that such corporation elects to become a telephone cooperative nonprofit membership corporation subject to this chapter;
(7) the manner and basis of converting memberships or shares of stock in such corporation into memberships in the telephone cooperative after completion of the conversion; and
(8) any provision not inconsistent with this chapter considered necessary or advisable for the conduct of the business and affairs of such telephone cooperative."
SECTION 386. Section 33-46-830 of the 1976 Code, as added by Act 392 of 1994, is amended to read:
"Section 33-46-830. Upon such approval by the members or shareholders of such corporation, the articles of conversion in the form approved by the board of directors must be executed and acknowledged on behalf of such corporation by the director carrying out the duties generally of the president or vice president, and its corporate seal must be affixed thereto and attested by the director carrying out the duties of secretary. The director executing such articles of conversion on behalf of such corporation shall also make and annex thereto an affidavit stating that the provisions of this article with respect to the approval of its directors and its members or shareholders of the proposition for the conversion of such corporation into a telephone cooperative and such articles of conversion were complied with. Such articles of conversion and affidavit must be submitted to the Secretary of State Department of Commerce for filing as provided in this chapter."
SECTION 387. Section 33-47-90 of the 1976 Code is amended to read:
"Section 33-47-90. Any corporation or association organized under previously existing statutes may by a majority vote of its stockholders or members be brought under the provisions of this chapter by limiting its membership and adopting the other restrictions as provided herein. It shall make out in duplicate a statement signed and sworn to by its directors, upon forms supplied by the Secretary of State Department of Commerce, to the effect that the corporation or association has by a majority vote of its stockholders or members decided to accept the benefits and be bound by the provisions of this chapter. Articles of incorporation shall be filed as required in Sections 33-47-210 and 33-47-220, except that they shall be signed by the members of the board of directors. The filing fee shall be two and one-half dollars."
SECTION 388. Section 33-49-80 of the 1976 Code is amended to read:
"Section 33-49-80. Articles of incorporation, amendment, consolidation, merger, conversion or dissolution and certificates of election to dissolve and affidavits of compliance, as the case may be, when executed and acknowledged and accompanied by such affidavits as may be required by the applicable provisions of this chapter shall be presented to the Secretary of State Department of Commerce for filing in the records of his office. If the Secretary of State Department of Commerce shall find that the articles presented conform to the requirements of this chapter, he shall, upon the payment of fees as in this chapter provided, file the articles so presented in the records of his office and upon such filing the incorporation, amendment, consolidation, merger, conversion or dissolution provided for therein shall be in effect."
SECTION 389. Section 33-49-90 of the 1976 Code is amended to read:
"Section 33-49-90. The Secretary of State Department of Commerce immediately upon the filing in his office of any articles pursuant to this chapter shall transmit a certified copy thereof to the county clerk of the county in which the principal office of each cooperative or corporation affected by such incorporation, amendment, consolidation, merger, conversion or dissolution shall be located. Any such clerk, upon receipt of any such certified copy, shall file and index the same in the records of his office but the failure of the Secretary of State Department of Commerce or of a clerk of a county to comply with the provisions of this section shall not invalidate such articles. In addition the Secretary of State Department of Commerce shall forward to the clerk of court or register of mesne conveyance of any county in which such cooperative owns property affected a certified copy of any such document. The clerk of court or register of mesne conveyance shall file such document in an appropriate book or file to be provided for such purpose."
SECTION 390. Section 33-49-100 of the 1976 Code is amended to read:
"Section 33-49-100. The Secretary of State Department of Commerce shall charge and collect for:
(1) Filing articles of incorporation, ten dollars;
(2) Filing articles of amendment, three dollars;
(3) Filing articles of consolidation or merger, five dollars;
(4) Filing articles of conversion, three dollars;
(5) Filing certificate of election to dissolve, three dollars;
(6) Filing articles of dissolution, five dollars; and
(7) Filing certificate of change of principal office, three dollars."
SECTION 391. Section 33-49-110 of the 1976 Code is amended to read:
"Section 33-49-110. All papers filed in the office of with the Secretary of State Department of Commerce pursuant to the provisions of this chapter shall be filed in quadruplicate."
SECTION 392. Section 33-49-230 of the 1976 Code is amended to read:
"Section 33-49-230. The articles of incorporation of a cooperative shall recite in the caption that they are executed pursuant to this chapter, shall be signed and acknowledged by each of the incorporators and shall state:
(1) The name of the cooperative;
(2) The address of its principal office;
(3) The names and addresses of the incorporators;
(4) The names and addresses of the persons who shall constitute its first board of trustees; and
(5) Any provisions not inconsistent with this chapter deemed necessary or advisable for the conduct of its business and affairs.
Such articles of incorporation shall be submitted to the Secretary of State Department of Commerce for filing as provided in this chapter.
It shall not be necessary to set forth in the articles of incorporation of a cooperative the purpose for which it is organized or any of the corporate powers vested in a cooperative under this chapter."
SECTION 393. Section 33-49-240 of the 1976 Code is amended to read:
"Section 33-49-240. The name of each cooperative shall include the words 'electric' and 'cooperative' and the abbreviation 'Inc.'; provided, however, such limitation shall not apply if, from an affidavit made by the president or vice-president of a cooperative and filed with the Secretary of State Department of Commerce, it shall appear that the cooperative desires to transact business in another state and is precluded therefrom by reason of its name. The name of a cooperative shall distinguish it from any other corporation organized under the laws of or authorized to transact business in this State. The words 'electric' and 'cooperative' shall not both be used in the name of any corporation organized under the laws of or authorized to transact business in this State, except a cooperative or a corporation transacting business in this State pursuant to the provisions of this chapter."
SECTION 394. Section 33-49-810 of the 1976 Code is amended to read:
"Section 33-49-810. A cooperative may amend its articles of incorporation by complying with the following requirements:
(1) The proposed amendment shall be first approved by the board of trustees and shall then be submitted to a vote of the members at any annual or special meeting thereof, the notice of which shall set forth the proposed amendment. The proposed amendment, with such changes as the members shall choose to make therein, shall be deemed to be approved on the affirmative vote of not less than two thirds of those members voting thereon at such special meeting.
(2) Upon such approval by the members, articles of amendment shall be executed and acknowledged on behalf of the cooperative by its president or vice-president and its corporate seal shall be affixed thereto and attested by its secretary. The articles of amendment shall recite in the caption that they are executed pursuant to this chapter and shall state
(a) the name of the cooperative,
(b) the address of its principal office,
(c) the date of the filing of its articles of incorporation in the office of with the Secretary of State Department of Commerce and
(d) the amendment to its articles of incorporation.
The president or vice-president executing such articles of amendment shall also make and annex thereto an affidavit stating that the provisions of this section were duly complied with. Such articles of amendment and affidavit shall be submitted to the Secretary of State Department of Commerce for filing as provided in this chapter."
SECTION 395. Section 33-49-820 of the 1976 Code is amended to read:
"Section 33-49-820. A cooperative may, without amending its articles of incorporation, upon authorization of its board of trustees, change the location of its principal office by filing a certificate of change of principal office, executed and acknowledged by its president or vice-president under its seal attested by its secretary, in the office of with the Secretary of State Department of Commerce and also in each county office in which the articles of incorporation or any prior certificate of change of principal office of such cooperative has been filed. Such cooperative shall also, within thirty days after filing such certificate of change of principal office in any county office, file therein certified copies of its articles of incorporation and all amendments thereto if the same are not already on file therein."
SECTION 396. Section 33-49-830 of the 1976 Code is amended to read:
"Section 33-49-830. Any two or more cooperatives, each of which is hereinafter designated a 'consolidating cooperative,' may consolidate into a new cooperative, hereinafter designated the 'new cooperative,' by complying with the following requirements:
(1) The proposition for the consolidation of the consolidating cooperatives into the new cooperative and proposed articles of consolidation to give effect thereto shall be first approved by the board of trustees of each consolidating cooperative. The proposed articles of consolidation shall recite in the caption that they are executed pursuant to this chapter and shall state
(a) the name of each consolidating cooperative, the address of its principal office and the date of the filing of its articles of incorporation in the office of the Secretary of State Department of Commerce,
(b) the name of the new cooperative and the address of its principal office,
(c) the names and addresses of the persons who shall constitute the first board of trustees of the new cooperative,
(d) the terms and conditions of the consolidation and the mode of carrying the same into effect, including the manner and basis of converting memberships in each consolidating cooperative into memberships in the new cooperative and the issuance of certificates of membership in respect of such converted memberships and
(e) any provisions not inconsistent with this chapter deemed necessary or advisable for the conduct of the business and affairs of the new cooperative.
(2) The proposition for the consolidation of the consolidating cooperatives into the new cooperative and the proposed articles of consolidation approved by the board of trustees of each consolidating cooperative shall then be submitted to a vote of the members of each consolidating cooperative at any annual or special meeting thereof, the notice of which shall set forth full particulars concerning the proposed consolidation. The proposed consolidation and the proposed articles of consolidation shall be deemed to be approved upon the affirmative vote of not less than two thirds of those members of each consolidating cooperative voting thereon at such meeting.
(3) Upon such approval by the members of the respective consolidating cooperatives, articles of consolidation in the form approved shall be executed and acknowledged on behalf of each consolidating cooperative by its president or vice-president and its seal shall be affixed thereto and attested by its secretary. The president or vice-president of each consolidating cooperative executing such articles of consolidation shall also make and annex thereto an affidavit stating that the provisions of this section were duly complied with by such cooperative. Such articles of consolidation and affidavits shall be submitted to the Secretary of State Department of Commerce for filing as provided in this chapter."
SECTION 397. Section 33-49-840 of the 1976 Code is amended to read:
"Section 33-49-840. Any one or more cooperatives, each of which is hereinafter designated a 'merging cooperative,' may merge into another cooperative, hereinafter designated the 'surviving cooperative,' by complying with the following requirements:
(1) The proposition for the merger of the merging cooperatives into the surviving cooperative and proposed articles of merger to give effect thereto shall be first approved by the board of trustees of each merging cooperative and by the board of trustees of the surviving cooperative. The proposed articles of merger shall recite in the caption that they are executed pursuant to this chapter and shall state
(a) the name of each merging cooperative, the address of its principal office and the date of the filing of its articles of incorporation in the office of with the Secretary of State Department of Commerce,
(b) the name of the surviving cooperative and the address of its principal office,
(c) a statement that the merging cooperative elects to be merged into the surviving cooperative,
(d) the terms and conditions of the merger and the mode of carrying the same into effect, including the manner and basis of converting the memberships in the merging cooperative or cooperatives into memberships in the surviving cooperative and the issuance of certificates of membership in respect of such converted memberships and
(e) any provisions not inconsistent with this chapter deemed necessary or advisable for the conduct of the business and affairs of the surviving cooperative.
(2) The proposition for the merger of the merging cooperatives into the surviving cooperative and the proposed articles of merger approved by the board of trustees of the respective cooperatives, parties to the proposed merger, shall then be submitted to a vote of the members of each such cooperative at any annual or special meeting thereof, the notice of which shall set forth full particulars concerning the proposed merger. The proposed merger and the proposed articles of merger shall be deemed to be approved upon the affirmative vote of not less than two thirds of those members of each cooperative voting thereon at such meeting.
(3) Upon such approval by the members of the respective cooperatives, parties to the proposed merger, articles of merger in the form approved shall be executed and acknowledged on behalf of each such cooperative by its president or vice-president and its seal shall be affixed thereto and attested by its secretary. The president or vice-president of each cooperative executing such articles of merger shall also make and annex thereto an affidavit stating that the provisions of this section were duly complied with by such cooperative. Such articles of merger and affidavits shall be submitted to the Secretary of State Department of Commerce for filing as provided in this chapter."
SECTION 398. Section 33-49-1010 of the 1976 Code is amended to read:
"Section 33-49-1010. A cooperative which has not commenced business may dissolve voluntarily by delivering to the Secretary of State Department of Commerce articles of dissolution, executed and acknowledged on behalf of the cooperative by a majority of the incorporators, which shall state:
(1) The name of the cooperative;
(2) The address of its principal office;
(3) The date of its incorporation;
(4) That the cooperative has not commenced business;
(5) That the amount, if any, actually paid in on account of membership fees, less any part thereof disbursed for necessary expenses, has been returned to those entitled thereto and that all easements have been released to the grantors;
(6) That no debt of the cooperative remains unpaid; and
(7) That a majority of the incorporators elect that the cooperative be dissolved.
Such articles of dissolution shall be submitted to the Secretary of State Department of Commerce for filing as provided in this chapter."
SECTION 399. Section 33-49-1050 of the 1976 Code is amended to read:
"Section 33-49-1050. Such certificate and affidavit shall be submitted to the Secretary of State Department of Commerce for filing as provided in this chapter and thereupon the cooperative shall cease to carry on its business except in so far as may be necessary for the winding up thereof, but its corporate existence shall continue until articles of dissolution have been filed by the Secretary of State Department of Commerce."
SECTION 400. Section 33-49-1060 of the 1976 Code is amended to read:
"Section 33-49-1060. After the filing of the certificate and affidavit by the Secretary of State Department of Commerce the board of trustees shall immediately cause notice of the winding up proceedings to be mailed to each known creditor and claimant and to be published once a week for two successive weeks in a newspaper of general circulation in the county in which the principal office of the cooperative is located."
SECTION 401. Section 33-49-1080 of the 1976 Code is amended to read:
"Section 33-49-1080. When all debts, liabilities and obligations of the cooperative have been paid and discharged or adequate provision shall have been made therefor and all the remaining property and assets of the cooperative shall have been distributed to the members pursuant to the provisions of Section 33-49-1070, the board of trustees shall authorize the execution of articles of dissolution, which shall thereupon be executed and acknowledged on behalf of the cooperative by its president or vice-president and its corporate seal shall be affixed thereto and attested by its secretary. Such articles of dissolution shall recite in the caption that they are executed pursuant to this chapter and shall state:
(1) The name of the cooperative;
(2) The address of the principal office of the cooperative;
(3) That the cooperative has theretofore delivered to the Secretary of State Department of Commerce a certificate of election to dissolve and the date on which the certificate was filed by the Secretary of State Department of Commerce in the records of his office;
(4) That all debts, obligations and liabilities of the cooperative have been paid and discharged or that adequate provision has been made therefor;
(5) That all the remaining property and assets of the cooperative have been distributed among the members in accordance with the provisions of Section 33-49-1070; and
(6) That there are no actions or suits pending against the cooperative.
The president or vice-president executing the articles of dissolution shall also make and annex thereto an affidavit stating that the provisions of this article have been duly complied with. Such articles of dissolution and affidavit accompanied by proof of the publication required in Section 33-49-1060 shall be submitted to the Secretary of State Department of Commerce for filing as provided in this chapter."
SECTION 402. Section 33-49-1220 of the 1976 Code is amended to read:
"Section 33-49-1220. The proposition for the conversion of such corporation into a cooperative and the proposed articles of conversion to give effect thereto shall be first approved by the board of trustees or the board of directors, as the case may be, of such corporation. The proposed articles of conversion shall recite in the caption that they are executed pursuant to this chapter and shall state:
(1) The name of the corporation prior to its conversion into a cooperative;
(2) The address of the principal office of such corporation;
(3) The date of the filing of the articles of incorporation of such corporation in the office of with the Secretary of State Department of Commerce;
(4) The statute or statutes under which such corporation was organized;
(5) The name assumed by such corporation;
(6) A statement that such corporation elects to become a cooperative nonprofit membership corporation subject to this chapter;
(7) The manner and basis of converting either memberships in or shares of stock of such corporation into memberships therein after completion of the conversion; and
(8) Any provisions not inconsistent with this chapter deemed necessary or advisable for the conduct of the business and affairs of such corporation."
SECTION 403. Section 33-49-1240 of the 1976 Code is amended to read:
"Section 33-49-1240. Upon such approval by the members or stockholders of such corporation, articles of conversion in the form approved by such members or stockholders shall be executed and acknowledged on behalf of such corporation by its president or vice-president, and its corporate seal shall be affixed thereto and attested by its secretary. The president or vice-president executing such articles of conversion on behalf of such corporation shall also make and annex thereto an affidavit stating that the provisions of this article with respect to the approval of its trustees or directors and its members or stockholders of the proposition for the conversion of such corporation into a cooperative and such articles of conversion were duly complied with. Such articles of conversion and affidavit shall be submitted to the Secretary of State Department of Commerce for filing as provided in this chapter."
SECTION 404. Section 33-49-1320 of the 1976 Code is amended to read:
"Section 33-49-1320. Any such foreign corporation, as a prerequisite to the extension of its lines into and the transaction of business in this State, shall by an instrument executed and acknowledged in its behalf by its president or vice-president under its corporate seal attested by its secretary designate the Secretary of State Department of Commerce its agent to accept service of process in its behalf."
SECTION 405. Section 33-53-10 of the 1976 Code is amended to read:
"Section 33-53-10. Every business trust created at common law in this State or doing business in this State under an express trust instrument by which property is held and managed by one or more trustees for the benefit and profit of such persons as may be or may become holders of transferable certificates evidencing beneficial interest in the trust estate shall record the trust instrument creating such trust and any amendment thereto with the register of mesne conveyances, or with the clerk of court in those counties where the office of register of mesne conveyances has been abolished, of the county in which it has its principal place of business in this State, and shall also file a verified copy of such instrument and any amendments thereto with the Secretary of State Department of Commerce."
SECTION 406. Section 33-56-20 of the 1976 Code, as added by Act 461 of 1994, is amended by deleting:
"(5) 'Secretary' means the Secretary of State."
SECTION 407. Section 33-56-30 of the 1976 Code, as added by Act 461 of 1994, is amended to read:
"Section 33-56-30. Except as otherwise provided in this chapter, every charitable organization which intends to solicit contributions within this State or have contributions solicited on its behalf shall file a registration statement with the secretary Attorney General on forms prescribed by the secretary Attorney General by July first of each year but in all cases prior to solicitation. It is the duty of the chief executive officer or chief financial officer of each charitable organization to file the statements required under this chapter. The statements must be sworn to and contain:
(1) the name of the organization;
(2) the purpose for which it was organized;
(3) the principal address of the organization and the address of any offices in this State. If the organization does not maintain an office, the name and address of the person having custody of its financial records;
(4) the names and addresses of the chief executive officer and chief financial officer;
(5) the names and addresses of any chapters, branches, or affiliates in this State;
(6) the place and date the organization was legally established, the form of its organization, and a reference to any determination of its tax exempt status under the Internal Revenue Code;
(7) whether the organization intends to use professional solicitors or hire individuals to solicit;
(8) whether it is certified as a tax exempt organization and is authorized by any other governmental authority in this State to solicit contributions;
(9) whether it is or has ever been enjoined by any court from soliciting contributions; and
(10) the general purpose for which the contributions to be solicited shall be used.
The registration forms and other documents prescribed by the Secretary of State Attorney General must be signed by the chief executive officer and chief financial officer of the charitable organization and certified as true. Every charitable organization which submits a registration to the secretary Attorney General must pay an annual registration fee of fifty dollars."
SECTION 408. Section 33-56-40 of the 1976 Code, as added by Act 461 of 1994, is amended to read:
"Section 33-56-40. The Children's Trust Fund of South Carolina as established by Section 20-7-5010 is required to register with the Secretary of State Attorney General but is not required to pay the annual registration fee provided for in Section 33-56-30."
SECTION 409. Section 33-56-50 of the 1976 Code, as added by Act 461 of 1994, is amended to read:
"Section 33-56-50. The following are not required to file registration statements with the Secretary of State Attorney General, provided none of its fund-raising activities are carried on by professional solicitors:
(1) an educational institution which solicits contributions only from its students and their families, alumni, faculty, friends and other constituencies, trustees, corporations, foundations, and individuals who are interested in and supportive of the programs of the institution;
(2) persons requesting contributions for the relief of an individual specified by name at the time of the solicitation when all of the contributions collected without any deductions of any kind are turned over to the named beneficiary for his use, provided that a person soliciting the contributions is not a named beneficiary;
(3) charitable organizations which do not intend to solicit nor receive contributions from the public in excess of five twenty thousand dollars during a calendar year or do not receive contributions from more than ten persons during a calendar year, if all of their functions, including fund-raising activities, are carried on by persons who are unpaid for their services and if no part of their assets or income inures to the benefit of or is paid to any officer or member. If the contributions raised from the public, whether all of the contributions are or are not received by a charitable organization during any calendar year, are in excess of five twenty thousand dollars, within thirty days after the date the contributions exceed five twenty thousand dollars, it must register with and report to the department as required by this chapter;
(4) organizations which solicit exclusively to their members, including utility cooperatives; and
(5) any veteran's organization which has a congressional charter.
Any charitable organization claiming to be exempt from the registration provisions of this chapter and which will or does solicit charitable contributions shall submit annually to the secretary Attorney General on forms to be prescribed by the secretary Attorney General, the name, address, and purpose of the organization and a statement setting forth the reason for the claim for exemption. If exempted, the secretary Attorney General or his appropriate division shall issue a letter of exemption which may be exhibited to the public. No filing fee is required of an exempt organization.
SECTION 410. Section 33-56-60 of the 1976 Code, as added by Act 461 of 1994, is amended to read:
"Section 33-56-60. (A) Each charitable organization soliciting funds in this State and not exempt under Section 33-56-50, whether individually or collectively with other organizations, shall file a report of its financial activities, on forms prescribed by the Secretary of State Attorney General, certified to be true by the chief executive officer and the chief financial officer of it, in the office of the Secretary of State Attorney General. The report must cover the preceding fiscal year and must be filed within two and one-half months of the close of the organization's fiscal year unless a written extension has been granted by the secretary Attorney General.
The report must include:
(1) specific and itemized support and revenue statements disclosing direct public support from solicitation, indirect public support, government grants, program service revenue, and any other revenue. The report must disclose the amount of direct public support received from direct mail solicitation, telephone solicitation, commercial co-venturers, door-to-door solicitations, telethons, and all other itemized sources;
(2) specific and itemized expense statements disclosing program services, public information expenditures, fund-raising costs, payments to affiliates, management costs, and salaries paid; and
(3) balance sheet disclosures containing total assets and liabilities.
(B) However, if a charitable organization is required to file Internal Revenue Service Form 990 with the Internal Revenue Service, the organization may file such form with the secretary Attorney General in lieu of the report required under subsection (A) of this section, provided that the form may exclude such information which the Internal Revenue Service would not release pursuant to a Freedom of Information request.
(C) An organization failing to file the report required by this section may be enjoined from further solicitation of funds in this State in an action brought by the Attorney General or secretary. An organization failing to file a timely report required by this section may be assessed by the secretary Attorney General administrative fines not to exceed two thousand dollars."
SECTION 411. Section 33-56-70 of the 1976 Code, as added by Act 461 of 1994, is amended to read:
"Section 33-56-70. Every contract or agreement between professional fund-raising counsel or professional solicitor and a charitable organization must be in writing and filed with the Secretary of State Attorney General within ten days after the contract is made. Every agreement or written statement of the nature of the arrangement to prevail in the absence of a contract between a professional fund-raising counsel or solicitor and a charitable organization must be filed with the Secretary of State Attorney General within ten days after the contract or written agreement is made. Every contract filed under this section must disclose the amount of compensation the professional fund-raising counsel or solicitor will receive, or if there is no flat fee, the percentage of collected revenues the professional fund-raising counsel or solicitor will receive. Every contract or agreement filed under this section must disclose the name and residence address of each person directing or supervising the conduct of services. Every contract or agreement filed under this section and involving telephone solicitation must disclose the location and telephone numbers from which the soliciting will be conducted.
Within ninety days after a solicitation campaign has been completed, and on the anniversary of the commencement of a solicitation campaign lasting more than one year, the professional solicitor or the charitable organization must file with the secretary Attorney General a joint financial report for the campaign, including gross revenue and an itemization of expenses. The report must be completed on a form prescribed by the secretary Attorney General and signed by an authorized official of the paid solicitor or an authorized official from the charitable organization and certified to be true.
A professional fund-raising counsel, professional solicitor, or charitable organization failing to comply with this section is liable for an administrative fine not to exceed ten dollars for each day of noncompliance, with a maximum fine under each nonregistered agreement of two thousand dollars."
SECTION 412. Section 33-56-80 of the 1976 Code, as added by Act 461 of 1994, is amended to read:
"Section 33-56-80. Registration statements and applications, reports, professional fund-raising counsel contracts or professional solicitor contracts, and all other documents and information required to be filed under this chapter or by the Secretary of State Attorney General are public records in the office of the Secretary of State Attorney General and are open to the general public for inspection at such time and under such conditions as the secretary Attorney General may prescribe. The secretary Attorney General shall publish and make available to the public and to persons subject to this chapter explanatory information concerning this chapter, the duties imposed by this chapter, and the means for enforcing this chapter."
SECTION 413. Section 33-56-90(4) of the 1976 Code, as added by Act 461 of 1994, is amended to read:
"(4) Upon request, a professional solicitor shall display or deliver to the solicited party a copy of his registration certification from the secretary Attorney General."
SECTION 414. Section 33-56-100 of the 1976 Code, as added by Act 461 of 1994, is amended to read:
"Section 33-56-100. In accordance with the regulations promulgated by the secretary Attorney General, every charitable organization and professional fundraiser subject to the provisions of this chapter shall keep the true fiscal records as to its activities in this State. The records must be retained for at least three years after the end of the period of registration to which they relate."
SECTION 415. Section 33-56-110 of the 1976 Code, as added by Act 461 of 1994, is amended to read:
"Section 33-56-110. No person shall act as a professional fund-raising counsel or professional solicitor for a charitable organization subject to the provisions of this chapter, unless he has first registered with the Secretary of State Attorney General. Applications for registration must be in writing under oath or affirmation in the form prescribed by the Secretary of State Attorney General and contain that information as the Secretary of State Attorney General may require. The application for registration by professional fund-raising counsel or professional solicitor must be accompanied by an annual fee of fifty dollars.
At the time of making application, professional solicitors shall file with and have approved by the Secretary of State Attorney General a surety bond in which the applicant or his employer shall be the principal obligor in the sum of fifteen thousand dollars with one or more sureties satisfactory to the Secretary of State Attorney General, whose liability in the aggregate as such sureties will at least equal that sum and maintain the bond in effect so long as a registration is in effect. However, a deposit of cash in the amount of fifteen thousand dollars may be accepted in lieu of the bond. The bond shall run to the State of South Carolina for the use of the secretary Attorney General or his appropriate division and any person who may have a cause of action against the obligor of the bonds for losses resulting from malfeasance, nonfeasance, or misfeasance in the conduct of solicitation activities. A partnership or corporation which is a professional solicitor may file a consolidated bond on behalf of all its members, officers, and employees.
Each registration is valid throughout the State for one year and may be renewed for additional one-year periods upon written application under oath in the form prescribed by the Secretary of State Attorney General and the payment of the fee prescribed in this chapter.
Professional fundraisers or professional fund-raising counsel who fail to comply with the provisions of this section are liable for an administrative fine not to exceed ten dollars for each day of noncompliance, with a maximum fine under this paragraph of two thousand dollars."
SECTION 416. Section 33-56-120(2) of the 1976 Code, as added by Act 461 of 1994, is amended to read:
"(2) No charitable organization, professional fund-raising counsel, or professional solicitor shall use or exploit the fact of registration so as to lead the public to believe that the registration in any way constitutes an endorsement or approval by the State. However, the use of the following statement is not considered a prohibited exploitation: 'Registered with the Secretary of State Attorney General as required by law. Registration does not imply endorsement of a public solicitation for contributions'."
SECTION 417. Section 33-56-130 of the 1976 Code, as added by Act 461 of 1994, is amended to read:
"Section 33-56-130. If any charitable organization, professional fund-raising counsel, or professional solicitor soliciting contributions from people in this State and having a principal place of business outside the State, or organized under and by virtue of the laws of a foreign state, is subject to the provisions of this chapter and does not otherwise appoint a registered agent for service of process, then that charitable organization, professional fund-raising counsel, or professional solicitor is considered to have irrevocably appointed the secretary Attorney General as an agent upon whom may be served summons, subpoena, subpoena duces tecum, or other process directed to the charitable organization, professional fund-raising counsel, or professional solicitor or any partner, principal officer, or director of it in any action or proceeding brought under the provisions of this chapter. Service of process upon the secretary Attorney General must be made by delivering to and leaving with him personally a copy thereof at the office of the secretary Attorney General and the service shall be sufficient service, provided, that notice of the service and a copy of the process are sent by the secretary Attorney General to the charitable organization, professional fund-raising counsel, or professional solicitor, by registered or certified mail with return receipt requested, at the address set forth in the registration form required to be filed with the secretary Attorney General pursuant to this chapter or, in default of the filing of such form, at the last address known to the secretary Attorney General. Service of the process is complete ten days after the receipt by the secretary Attorney General of a return receipt purporting to be signed by the addressee or a person qualified to receive the registered or certified mail, in accordance with the accepted practices of the United States Postal Service, or, if acceptance was refused by the addressee, ten days after the return to the secretary Attorney General of the original envelope bearing a notation by the postal authorities that receipt thereof was refused."
SECTION 418. Section 33-56-140 of the 1976 Code, as added by Act 461 of 1994, is amended to read:
"Section 33-56-140. (1) Upon his own motion or upon complaint of any person, the secretary Attorney General may investigate any charitable organization, professional fund-raising counsel, or professional solicitor to determine whether the charitable organization, professional fund-raising counsel, or professional solicitor has violated the provisions of this chapter or has filed an application or other information required under this chapter which contains false or misleading statements. The secretary Attorney General may subpoena persons and require the production of books, papers, and other documents to aid in the investigation of alleged violations of this chapter.
(2) If any charitable organization, professional fund-raising counsel, or professional solicitor fails to file a registration application, statement, report, or other information required to be filed with the secretary Attorney General under this chapter, or violates the provisions of this chapter, the secretary Attorney General shall notify the delinquent charitable organization, professional fund-raising counsel, or professional solicitor of this fact by mailing a notice by registered or certified mail, with return receipt requested, to its last known address. If the required registration application, statement, annual report, assurance of voluntary compliance, or other information is not filed or if the existing violation is not discontinued within fifteen days after the formal notification or receipt of the notice, the secretary Attorney General may assess an administrative fine not to exceed two thousand dollars against the delinquent organization.
(3) In addition to all other actions authorized by law, the secretary or Attorney General, if they have he has reason to believe that one or more of the following acts or violations listed below has occurred, may bring an action to enjoin the charitable organization, professional fund-raising counsel, professional solicitor, or other person from continuing the act or violation, doing any other acts in furtherance of it, and for such other relief as to the court considers appropriate:
(a) a person is knowingly and wilfully operating in violation of the provisions of this chapter;
(b) a person has knowingly and wilfully made any false statement in any registration application, statement, report, or other information required to be filed by this chapter;
(c) a person has failed to file a registration statement or financial report required by this chapter;
(d) a person is employed or is about to be employed in any solicitation or collection of contributions any device, scheme, or artifice to defraud or to obtain money or property by means of false pretense, representation, or promise;
(e) the officers or representatives of a charitable organization, professional fund-raising counsel, or professional solicitor have refused or failed after notice to produce any records of the organization; or
(f) whenever the funds raised by solicitation activities are not devoted or will not be devoted to the charitable purposes of the charitable organization.
(4) In addition to the provisions of subsection (3), any person who knowingly and wilfully violates the provisions of this chapter or who knowingly and wilfully gives false or incorrect information to the secretary Attorney General in filing statements or reports required by this chapter, is guilty of a misdemeanor and, upon conviction, for a first offense shall be fined not more than one thousand dollars or be imprisoned for not more than thirty days, and for a second or any subsequent offense shall be fined not more than five thousand dollars or be imprisoned for not more than one year, or both.
(5) Any registration application, statement, report, or other information required to be filed with the Secretary of State Attorney General under this chapter by a charitable organization, professional fund-raising counsel, or professional solicitor which contains false or misleading statements may be rejected by the secretary Attorney General and returned to the submitting party without being filed.
(6) If a person is assessed an administrative fine under this chapter, the person has thirty days to pay the fine. After thirty days, the secretary Attorney General shall give the delinquent person thirty days' notice that he will seek to enjoin the activities of the person. Before the secretary Attorney General seeks an injunction, the person may pay the fines or request a hearing before the secretary Attorney General. A person who fails to remit fines after the required notice is given may be enjoined from engaging in further charitable solicitation activities until the fine is paid. A person assessed a fine may request an evidentiary hearing before the secretary Attorney General. A person may appeal an adverse ruling by the secretary Attorney General to the circuit court. An appeal to the circuit court shall be governed by the standard of review provided in the Administrative Procedures Act and the case law interpreting that provision.
(7) The secretary Attorney General may exercise the authority granted in this section against a person who operates under the guise or pretense of being an organization exempted by the provisions of Section 33-56-40 or 33-56-50 and is not in fact an organization entitled to such an exemption."
SECTION 419. Section 33-56-150 of the 1976 Code, as added by Act 461 of 1994, is amended to read:
"Section 33-56-150. There shall be in the office of the Secretary of State Attorney General a Division of Public Charities which, under the direction and control of the secretary Attorney General, shall perform the duties imposed upon it by the provisions of this chapter. The executive and administrative head of the division shall be the Director of Public Charities designated by the secretary Attorney General."
SECTION 420. Section 33-56-160 of the 1976 Code, as added by Act 461 of 1994, is further amended to read:
"Section 33-56-160. All The first two hundred thousand dollars in administrative fines fine revenue imposed received pursuant to this chapter in a fiscal year may be retained by the Attorney General to offset the expenses of enforcing this chapter. All administrative fines collected pursuant to this chapter in excess of two hundred thousand dollars in a fiscal year must be transmitted to the State Treasurer and deposited in the state general fund. All fees collected under this chapter must be transmitted to the State Treasurer and deposited in a fund separate and distinct from the state general fund and used by the Secretary of State Attorney General for the purpose of administering the provisions of this chapter."
SECTION 421. Section 33-56-190 of the 1976 Code, as added by Act 461 of 1994, is amended to read:
"Section 33-56-190. The secretary Attorney General may enter into agreements with the appropriate authority of any other state for the purpose of exchanging information with respect to charitable organizations, professional fund-raising counsel, and professional solicitors."
SECTION 422. Section 34-1-70 of the 1976 Code is amended to read:
"Section 34-1-70. No bank, building and loan association, savings and loan association, or savings bank may be granted a charter by the Secretary of State Department of Commerce unless and until the Board has approved the application in writing. No branch bank, branch building and loan association, branch savings and loan association, or branch savings bank may be established without the approval in writing of the Board. Before any application for the incorporation of a bank, building and loan association, savings and loan association, or savings bank, or the establishment of a branch thereof may be approved, the Board shall make an investigation to determine whether or not the applicants have complied with all the provisions of law, whether in the judgment of the Board they are qualified to operate the institution and whether the establishment of the bank, building and loan association, savings and loan association, or savings bank or of a branch thereof, would serve the public interest, taking into consideration local circumstances and conditions at the place where it proposes to do business. A remote service unit as defined in Section 34-28-30 is not considered a branch of a bank, building and loan association, savings and loan association, or a savings bank and is not subject to any of the provisions of this section applicable to branch applications."
SECTION 423. Section 34-3-810 of the 1976 Code is amended to read:
"Section 34-3-810. Any banking corporation organized under the laws of the United States and doing business in this State may become an incorporated bank of this State with all the powers and subject to all the obligations and duties of banks incorporated under the laws of this State, provided such banking corporation has authority by virtue of the laws of the United States to dissolve its organization as a national banking corporation.
A national banking corporation desiring to become such an incorporated bank under the laws of this State shall proceed in the following manner:
(1) It shall take such action in the manner prescribed or authorized by the laws of the United States as shall make its dissolution as a national banking corporation effective at a specified future date; and
(2) A majority of its directors shall thereafter and before the time when its dissolution becomes effective execute under their hands and seals in duplicate, upon the authority of a resolution adopted by the owners of at least two thirds of its capital stock at a meeting held after ten days' notice thereof given to each stockholder by registered mail, a certificate setting forth the following facts:
(a) its name and place of business as a national banking association and the name that it proposes to use as its corporate name after becoming a banking corporation under the laws of this State,
(b) the amount of its capital stock and the number of shares into which it is divided and the par value of each,
(c) the names of its directors and of its officers at the date of its dissolution as a national bank and who will constitute its directors and officers as a State bank and
(d) the date upon which its dissolution as a national banking association shall become effective and upon which date it shall commence business as a bank under the laws of this State.
Such certificate in duplicate shall be thereupon lodged with the Secretary of State Department of Commerce, who shall endorse on the certificate in duplicate the date of its filing in his office. One duplicate of the certificate shall be filed in the office of the Secretary of State Department of Commerce and the other so endorsed shall be issued to the bank and be recorded in the office of the register of mesne conveyances in the county in which the principal place of business of the bank is located."
SECTION 424. Section 34-3-820 of the 1976 Code is amended to read:
"Section 34-3-820. After the issuance of such certificate by the Secretary of State Department of Commerce and the payment to him of the same fees as would be payable for the incorporation of a bank under the laws of this State with a similar capital stock, the corporate existence of such bank as a State bank shall begin as soon as its dissolution as a national banking corporation becomes effective."
SECTION 425. Section 34-9-60 of the 1976 Code is amended to read:
"Section 34-9-60. In addition to all other requirements, no bank or banking institution of any nature shall be granted a charter by the Secretary of State Department of Commerce unless and until the State Board of Bank Control has certified that the paid-in capital of such bank or banking institution is sufficient to qualify such bank or banking institution for membership in the Federal Deposit Insurance Fund."
SECTION 426. Section 34-9-70 of the 1976 Code is amended to read:
"Section 34-9-70. Notwithstanding the provisions of Section 34-9-60 the existing charter of any bank, banking institution or depository may be transferred to new owners proposing to operate a bank, banking institution or depository at a new location and with a new personnel. Operation by such transferees at such new location shall be legal and the provisions of Section 34-9-60 shall not apply thereto if the State Board of Bank Control shall first certify to the Secretary of State Department of Commerce that the public interest will be promoted by the transfer and operation of such institution under the transferred charter at the proposed new location. In such instance the Secretary of State Department of Commerce shall record the transfer and the certificate of the Board and shall amend the transferred charter as to the name and as to the principal place of business if he is petitioned so to do."
SECTION 427. Section 34-27-40 of the 1976 Code is amended to read:
"Section 34-27-40. Ten or more citizens of this State, all who have a common bond of employment (includes employees of organizations owned in the majority by the sponsoring employer), association, churches or church-related organizations, who have associated themselves by an agreement in writing for the purpose of forming a cooperative credit union under the provisions of this chapter may apply to the State Board of Financial Institutions for a certificate certifying that it is satisfied that the proposed field of operation is favorable to the success of such cooperative credit union, and that the standing of the proposed members is such as to give reasonable assurance that its affairs will be administered in accordance with the spirit of this chapter; and upon the Board being so satisfied it shall issue such certificate. Upon the filing of such certificate in the office of the Secretary of State Department of Commerce and the payment to him of a charter fee of ten dollars, the Secretary of State Department of Commerce shall thereupon issue to such cooperative credit union a certificate of incorporation.
Provided, however, that when any federally chartered credit union converts to a state chartered credit union pursuant to Section 34-27-270 and obtains a state charter under this section, it shall be authorized to maintain its membership existing at the time of conversion but thereafter shall be limited in any expansion of membership by the common bond requirements of this section."
SECTION 428. Section 34-28-100 of the 1976 Code is amended to read:
"Section 34-28-100. (1) When authorized by the Board as provided in this article, an association may be formed under the laws of this State for the purpose of conducting a general savings and loan business and having all the powers and purposes authorized by this chapter and otherwise by Title 34.
(2) A written application for authority to organize an association as provided in subsection (1) must be filed with the Board and include:
(a) the proposed corporate name and evidence that the proposed name has been reserved with the Secretary of State Department of Commerce; however, evidence that an association has reserved a corporate name with the Secretary of State Department of Commerce does not preclude the Board from disapproving the name on the grounds of potential confusion with the name of an existing financial institution;
(b) detailed financial and biographical information as the Board may require for each proposed director, chief executive officer, and managing officer;
(c) the total amount of the savings account capital or capital stock proposed to be issued, the amount subscribed by each incorporator, and the method to be used to raise any remaining capital required before the proposed association will be authorized to begin business;
(d) the name and address of the proposed managing officer and chief executive officer, if known;
(e) the community and the street and number, if available, where the proposed association is to be located; and
(f) additional information as the Board may reasonably require. The application for authority to organize must be filed with the Board in triplicate and must be accompanied by a nonrefundable filing fee established by the Board.
(3)(a) Upon the filing of an application, the Board shall make an investigation of:
1. the character, reputation, financial standing, experience, and business qualifications of the proposed officers and directors;
2. the character, reputation, financial standing, and motives of the incorporator or incorporators in organizing the proposed association;
3. the public need for an association or additional association, as the case may be, in the primary service area where the proposed association is to be located, giving particular consideration to the ability of the primary service area to support both the proposed and all other existing associations in the community in the conduct of profitable operations and to the benefits of competition to the public.
(b) Any applicant who files an application which requires an investigation to be conducted outside the State shall reimburse the Board for all costs incurred in the normal course of investigation, which reimbursement must be in addition to the filing fee authorized in this section.
(4) The Board shall approve the application unless it finds that one or more of the conditions in (a) through (f) exist:
(a) Public convenience and advantage will not be promoted by the establishment of the proposed association. In determining whether an applicant meets this requirement, the Board shall consider all materially relevant factors, including:
1. the location and services proposed to be offered by the applicant and currently offered by existing associations in the primary service area to be served by the applicant; and
2. the primary service area's general economic and demographic characteristics.
(b) Local conditions do not indicate reasonable promise of the successful operation of the proposed association and of those associations already established in the primary service area community. In determining whether an applicant meets this requirement, the Board shall consider all materially relevant factors, including:
1. Current economic conditions and the growth potential of the primary service area in which the proposed association intends to locate; and
2. The growth rate, size, financial strength, and operating characteristics of other associations in the primary service area of the proposed association.
(c) The proposed officers and directors do not have sufficient experience, ability, standing, and responsibility to indicate reasonable promise of the successful operation of the association.
(d) The applicant's proposed capital structure is inadequate. In no event may the minimum capital required be less than three million dollars or that larger amount as may be specified in a regulation issued by the Board.
(e) The name of the proposed association does not comply with Section 34-28-110.
(f) No provision has been made for suitable quarters at the location specified in the application.
(5) The order approving an application may impose reasonable conditions which must be met before a certificate of authorization to transact business will be issued, which conditions may include employment of suitable personnel, alterations to the proposed capital structure, the obtaining of suitable quarters at the location proposed, or those other matters as the Board may deem necessary. If the Board approves the application for authority to organize, the applicant shall file its articles of incorporation with the Secretary of State Department of Commerce and apply for a commitment for appropriate insurance of accounts. Upon approval by the Board of the application for authority to organize, the Board shall forward a copy of its final order to the Federal Savings and Loan Insurance Corporation. The corporate existence of an association begins on the date that the approved articles of incorporation are filed with the Secretary of State Department of Commerce, unless otherwise provided in the articles of incorporation, but the association shall not commence business before it is in possession of a certificate of authorization to transact business as provided in Section 34-28-150. Prior to that time, an association may perform only those acts as are necessary to perfect its organization, raise capital, obtain and equip a place of business, and otherwise prepare for a general savings association business."
SECTION 429. Section 34-28-130 of the 1976 Code is amended to read:
"Section 34-28-130. (1) The Articles of Incorporation of an association shall contain:
(a) The name of the proposed association, which shall comply with Section 34-28-110, and in the case of a stock-owned association must contain the word 'corporation', 'incorporated', 'limited', or 'company' or an abbreviation thereof sufficient to distinguish a stock-owned association from a mutual association;
(b) The address of the principal office of the association in South Carolina, including the county and municipality where it is located, together with a registered agent for receiving service of process and the address of the agent if it differs from that of the principal office of the association;
(c) The period of duration of the corporation which is deemed perpetual unless otherwise stated;
(d) The general nature of the business to be transacted or a statement that the association may engage in any activity or business permitted to associations under this chapter and other provisions of Title 34. This statement shall authorize all those activities and business by the association;
(e) With respect to a stock-owned association, the amount of capital stock authorized, showing the maximum number of shares of par value common stock and of preferred stock, and of every kind, class, or series of each, together with the distinguishing characteristics and the par value of all shares;
(f) The amount of capital with which the association will begin business;
(g) The number of directors, which may not be fewer than five, and the names and street addresses of the members of the first board of directors who, unless otherwise provided by the Articles of Incorporation, the bylaws, or this chapter, shall hold office for the term set forth in Section 34-28-420(4) or until their successors are elected or appointed and have qualified;
(h) The names, and addresses of all the incorporators, not less than ten in number;
(i) Any other provisions authorized or permitted to be in the Articles of Incorporation of a corporation by Chapters 1 to 25 of Title 33 which the incorporators elect to include therein.
(2) The Articles of Incorporation must be in writing, signed by all the incorporators, and submitted to the Board for its approval. Upon approval, the Board shall place the following legend upon the Articles of Incorporation 'Approved by the Board of Financial Institutions this ___ day of ___, ___ (herein the name and signature of the Chairman of the Board)'. Thereafter, the Articles of Incorporation must be filed with the Secretary of State Department of Commerce.
(3) An association shall not amend its Articles of Incorporation without the prior written approval of the Board."
SECTION 430. Section 34-28-200 of the 1976 Code is amended to read:
"Section 34-28-200. (1) At an annual meeting or at any special meeting of the members or stockholders called to consider the action, any state-chartered association may convert itself into a federal savings association, federal savings and loan association, or federal savings bank, hereinafter called 'federal association', in accordance with the laws of the United States, as now or hereafter amended, upon a vote of a majority or more of the total number of votes of the members or stockholders eligible to cast votes at the meeting. A copy of the minutes of the proceedings of the meeting of the members or stockholders, verified by the affidavit of the secretary or an assistant secretary, must be filed with the Board within ten days after the date of the meeting. A sworn copy of the proceedings of the meeting, when so filed, is presumptive evidence of the holding and action of the meeting. Within three months after the date of the meeting, the association shall commence that action in the manner prescribed and authorized by the laws of the United States as shall make it a federal association. There must be filed with the Board a copy of the charter issued to the federal association by the Federal Home Loan Bank Board or a certificate showing the organization of the association as a federal association, certified by the secretary or assistant secretary of the Federal Home Loan Bank Board. A similar copy of the charter, or of the certificate, must be filed by the association with the Secretary of State Department of Commerce. No failure to file any of these instruments with either the Board or the Secretary of State Department of Commerce shall affect the validity of the conversion. Upon the grant to any association of a charter by the Federal Home Loan Bank Board, the association receiving the charter shall cease to be an association incorporated under this chapter and is no longer subject to the supervision and control of the Board. Upon the conversion of any association into a federal association, the corporate existence of the association shall not terminate, but the federal association is considered to be a continuation of the entity of the association so converted, and all property of the converted association, including its right, title, and interest in all and to all property of whatever kind, whether real, personal, or mixed, and things in action, and every right, privilege, interest, and asset of any conceivable value or benefit then existing, pertaining to it, or which would inure to it, shall immediately by operation of law and without any conveyance or transfer and without any further act or deed remain and be vested in and continue to be the property of the federal association into which the state association has converted itself, and the federal association shall have, hold, and enjoy the same in its own right as fully and to the same extent as if the same were possessed, held, and enjoyed by the converting association. The federal association as of the time of the taking effect of the conversion shall continue to have and succeed to all the rights, obligations, and relations of the converting association. All pending actions and other judicial proceedings to which the converting state association is a party are not considered to have abated or to have discontinued by reason of the conversion, but may be prosecuted to final judgment, order, or decree in the same manner as if the conversion into the federal association had not been made, and the federal association resulting from the conversion may continue those actions in its corporate name as a federal association; and any judgment, order, or decree may be rendered for or against it which might have been rendered for or against the converting state association involved in the judicial proceedings.
(2) Any association or corporation which has converted itself into a federal association under the provisions of the laws of the United States and has received a charter from the Federal Home Loan Bank Board is thereafter recognized as a federal association, and its federal charter must be given full recognition by the courts of this State to the same extent as if the conversion had taken place under the provisions of this section; provided, there must have been compliance with the foregoing requirements with respect to the filing with the Board of a copy of the federal charter or a certificate showing the organization of the association as a federal association. All these conversions are hereby ratified and confirmed, and all the obligations of an association which has so converted shall continue as valid and subsisting obligations of the federal association, and the title to all of the property of the association is considered to have continued and vested, as of the date of issuance of the federal charter, in the federal association as fully and completely as if the conversion had taken place pursuant to this section since the effective date of this chapter."
SECTION 431. Section 34-28-220 of the 1976 Code is amended to read:
"Section 34-28-220. (1) Any state or federal mutual association may apply to the Board for permission to convert itself into a stock association operated under the provisions of this chapter in accordance with the following procedures and regulations promulgated by the Board:
(a) The Board of Directors shall approve a plan of conversion by resolution adopted by a majority vote of all the directors present at the meeting at which the plan is considered. The plan shall include, among other terms:
1. Financial statements of the association as of the last day of the month preceding adoption of the plan;
2. Financial data as may be required to determine compliance with applicable regulatory requirements respecting financial condition;
3. A provision that each savings account holder of the mutual association will receive a withdrawable account in the stock association equal in amount to and having the same terms as his withdrawable account in the mutual association;
4. A provision for the establishment and maintenance of a liquidation account for the benefit of savings account holders of the mutual association in the event of the liquidation of the association after its conversion which account shall meet all the requirements established by regulation promulgated by the Board;
5. A provision that each member of record will be entitled to receive rights to purchase voting common stock and the terms and conditions of these rights;
6. Pro forma financial statements of the association as a capital stock association, which shall include data required to determine compliance with applicable regulatory requirements respecting financial condition; and
7. Other information as the Board may by regulation require.
(b) The plan of conversion must be executed by a majority of the board of directors and submitted to the Board for approval prior to any vote on conversion by the members.
(c) The Board may approve or disapprove the plan in its discretion, but it shall not approve the plan unless it finds that the association will comply sufficiently with the requirements of this chapter after conversion to entitle it to become an association operating under this chapter and the regulations of the Board. The Board may deny any application from any federal association that is subject to any cease and desist order or other supervisory restriction or order imposed by a federal supervisory authority or insurer.
(d) If the Board approves the plan of conversion, the question of the conversion may be submitted to the members at a meeting of voting members called to consider the action. A vote of a majority or more of the total number of votes eligible to be cast at the meeting, unless federal law permits a lesser percentage of votes for a federal mutual association to convert, in which case that percentage shall control for conversions of both state and federal mutual associations, is required for approval. Notice of the meeting, giving the time, place, and purpose, together with a proxy statement and proxy form meeting the requirements in Section 33-11-140 and any applicable federal regulations approved by the Board covering all matters to be brought before the meeting, must be mailed at least thirty days prior to the Board and to each voting member at his last address as shown on the books of the association.
(e) Copies of the minutes of the meeting of members, verified by the affidavit of the secretary or assistant secretary of the association, must be filed with the Board, and with the Federal Home Loan Bank Board if applicable, within ten days after the meeting. When so filed, the verified copies of the minutes are presumptive evidence of the holding of the meeting and of the action taken.
(f) The directors of the association shall execute and file with the Board proposed Articles of Incorporation as provided for in Section 34-28-130, together with the application for conversion, and a statement showing that requisite capital required in the conversion plan approved by the Board has been paid to the association in cash, that all other conditions imposed by the Board or specified in the plan of conversion have been satisfied, and that a firm commitment for, or evidence of, insurance of deposits and other accounts of a withdrawable type from the Federal Savings and Loan Insurance Corporation has been obtained. The Articles of Incorporation of the converted association shall contain a statement that the association resulted from the conversion of a state or federal mutual association to a capital stock association. Approval by the Board must be affixed to the Articles of Incorporation. The original copy of the Articles of Incorporation must be filed with the Secretary of State Department of Commerce and a certified copy of the Articles of Incorporation must be filed with the Board, provided that failure to file a certified copy of the Articles of Incorporation with the Board shall not affect the validity of the conversion. The association shall cease to be a mutual association at the time and on the date specified in the approved Articles of Incorporation or the date the Articles of Incorporation are filed in the office of the Secretary of State Department of Commerce, whichever is later.
(2) Upon conversion of a mutual association to a state-chartered stock association, the legal existence of the association shall not terminate, but the capital stock association is a continuation of the entity of the mutual association, and all property of the mutual association, including its right, title, and interests in and to all property of whatever kind, whether real, personal, or mixed, things in action, and every right, privilege, interest, and asset of every conceivable value or benefit then existing or pertaining to it, or which would inure to it, immediately, by act of law and without any conveyance or transfer and without any further act or deed, shall vest and remain in the stock association into which the mutual association has converted itself. The capital stock association shall have, hold, and enjoy the same in its own right as fully and to the same extent as if the same were possessed, held, and enjoyed by the mutual association. The capital stock association, upon the effective date of the conversion, shall continue to have and succeed to all the rights, obligations, and relations of the mutual association. All pending actions and other judicial proceedings to which the mutual association is a party are not abated or discontinued by reason of the conversion but may be prosecuted to final judgment, order, or decree in the same manner as if the conversion had not been made; and the stock association resulting from the conversion may continue the actions in its corporate name as a mutual association. Any judgment, order, or decree may be rendered for or against the stock association which might have been rendered for or against the mutual association involved in the proceedings.
(3) The application for conversion from a state or federal mutual to a state stock association must be accompanied by a nonrefundable filing fee established by the Board."
SECTION 432. Section 34-28-270 of the 1976 Code is amended to read:
"Section 34-28-270. (1) Any association may, at any special meeting of the members or stockholders called to consider the action, terminate its existence in accordance with the provisions of this section upon a vote of more than a majority of the total number of votes of members or shareholders eligible to be cast at the meeting.
(2) Upon the vote, three copies of a statement of interest to dissolve, which shall state the vote cast in favor of dissolution, must be filed with the Board, which shall examine the association, and, if it finds that the association is not in an impaired condition, it shall so note, together with its approval of the dissolution, upon all the copies of the certificate of dissolution. The Board shall place a copy in its permanent files, file a copy with the Secretary of State Department of Commerce, and return the remaining copy to the parties who filed it.
(3) Upon this approval, the association is dissolved and shall cease to carry on business but nevertheless shall continue as a corporate entity for the sole purpose of paying, satisfying, and discharging existing liabilities and obligations, collecting and distributing assets, and doing all other acts required to adjust, wind up, and dissolve its business and affairs.
(4) The board of directors in office at the time of the vote of dissolution shall act as trustees for the liquidation. The board of directors shall proceed as quickly as may be practicable to wind up the affairs of the association and, to the extent necessary or expedient to that end, shall exercise all the powers of the dissolved association and, without prejudice to the general nature of this authority, may fill vacancies, elect officers, carry out contracts, make new contracts, borrow money, mortgage or pledge property, sell its assets at public or private sale, compromise claims in favor of or against the association, apply assets to the discharge of liabilities, distribute assets either in cash or in kind among savings account members of a mutual association or stockholders of a capital stock association according to their respective pro rata interests after paying or adequately providing for the payment of other liabilities, and perform all acts necessary or expedient to the winding up of the association. All deeds or other instruments must be in the name of the association and executed by the president or a vice president and the secretary or an assistant secretary. The board of directors shall also have power to exchange or otherwise dispose of or put in trust all, substantially all, or any part of the assets, upon those terms and conditions and for that consideration as the board of directors may consider reasonable or expedient, and may distribute the consideration or the proceeds, trust receipts, or certificates of beneficial interest among the savings account members of a mutual association or stockholders of a stock association in proportion to their pro rata interests. In the absence of fraud, any determination of value made by the board of directors for any of these purposes is conclusive.
(5) The association, during the liquidation of the assets of the association by its board of directors, shall continue to be subject to the supervision of the Board, and the board of directors shall report the progress of the liquidation to the Board as the Board may require. Upon completion of the liquidation, the board of directors shall file with the Board a final report and accounting of the liquidation. The approval of the report by the Board shall operate as a complete and final discharge of the board of directors and each member or stockholder thereof in connection with the liquidation of the association. No dissolution or any action of the board of directors in connection with it shall impair any contract right between the association and any borrower to other person or persons or the vested rights of any member or savings account holder of the association."
SECTION 433. Section 34-28-800 of the 1976 Code is amended to read:
"Section 34-28-800. (1) For the purpose of this section, 'foreign association' includes any person, firm, company, association, fiduciary, partnership, or corporation, or whatever name called, actually engaged in the business of a savings association, which is not organized under the provisions of this chapter or the laws of the United States, and the principal business office of which is located outside the territorial limits of this State.
(2) No foreign association shall do any business of a savings association within this State or maintain an office in this State for the purpose of doing business including, but not limited to, establishment of a branch office except as otherwise authorized by this chapter or otherwise by law. The origination of real estate mortgages covering real property located in this State or acquiring a participation interest in any mortgage is considered doing business as a savings association if the state of domicile of the principal business office of the foreign association does not permit associations from this State to originate real estate mortgages covering real property located in that state, unless an association having an authorized office in this State is either the originator of the mortgage or is a partner or joint venturer in the company that originates the mortgages.
(3) The Board is authorized and required to obtain an injunction or to take any other action necessary to prevent any foreign association from doing any business of an association in this State.
(4) Except as otherwise provided in subsection (2), for the purpose of this section and any other law of this State prohibiting, limiting, or regulating the doing of business in this State by foreign associations or foreign corporations of any type, any federal association the principal office of which is located outside this State, and any foreign association which is subject to state or federal supervision which by law are subject to periodic examination by these supervisory authorities and to a requirement of periodic audit, are not considered to be doing business in this State by reason of engaging in any of the following activities:
(a) The purchase, acquisition, holding, sale, assignment, transfer, collecting, and enforcement of obligations or any interest therein secured by real estate mortgages or other instruments in the nature of a mortgage, covering real property located in this State, or the foreclosure of these instruments, or the acquisition of title to the property at foreclosure, or otherwise, as a result of default under these instruments, or the holding, protection, rental, maintenance, and operation of the property so acquired, or the disposition thereof; provided the associations shall not hold, own, or operate property for a period exceeding five years without securing the approval of the Board.
(b) The advertising or solicitation of savings accounts or the making of any representations with respect thereto in this State through the medium of the mail, radio, television, magazines, or newspapers or any other medium which is published or circulated within this State provided that the advertising, solicitation, or the making of these representations is accurately descriptive of the facts.
(5) Any foreign association or federal association described in subsection (4) which engages in any of the activities described in paragraph (a) thereof pursuant to the provisions of this section is subject to suit in the courts of this State by this State and the citizens of this State. Service on the association must be effected by serving the Secretary of State Department of Commerce of this State, except that the provisions of this section shall have no other application to the questions of whether any foreign association or federal association is subject to service of process and suit in this State as a result of the transaction of business or other activities in this State."
SECTION 434. Section 34-29-110 of the 1976 Code is amended to read:
"Section 34-29-110. (a) The Board shall have the power and authority to make rules and regulations which interpret or explain any section or sections of this chapter, as it may deem necessary. Such regulations shall be referenced to the section or sections of this chapter which set forth the legislative standards which they interpret or explain. When promulgated and made, the rules and regulations shall be filed with the Secretary of State Department of Commerce and the Board shall otherwise comply fully with the provisions of Sections 1-1-210 through 1-1-240.
(b) On application of any person and payment of the cost thereof, the Board shall furnish under its seal and duly signed, a certified copy of any license, regulation or order. Such copy shall be prima facie evidence of the fact of the issuance of such license, regulation or order in any court or proceeding."
SECTION 435. Section 35-1-20(1) of the 1976 Code, as last amended by Act 455 of 1992, is further amended to read:
"(1) 'Securities Commissioner' means Secretary of State Attorney General, who shall be ex officio Securities Commissioner."
SECTION 436. Section 35-1-30 of the 1976 Code is amended to read:
"Section 35-1-30. This chapter shall be administered by the Secretary of State Attorney General, who shall be ex officio the Securities Commissioner and who may employ such additional assistants at such salaries as may be authorized by the General Assembly."
SECTION 437. Section 35-1-320(10) of the 1976 Code is amended to read:
" (10) Limited preorganization subscriptions. -Any offer or sale of a preorganization certificate or subscription if (a) no commission or other remuneration is paid or given directly or indirectly for soliciting any prospective subscriber, (b) the number of subscribers does not exceed twenty-five and (c) no payment is made by any subscriber prior to filing of the articles of incorporation with the Secretary of State Attorney General;"
SECTION 438. Section 35-1-485 of the 1976 Code, as added by Part II, Act 501 of 1992, is amended to read:
"Section 35-1-485. (A) Licenses required by Chapter 1 of Title 35 to be registered biennially must be assigned registration periods as provided in this section.
(1) Upon the first reregistration of the licenses by the South Carolina Secretary of State's Attorney General's office after the effective date of the implementation of biennial licensure, a biennial registration period must be implemented as follows:
(a) Licensees whose license numbers end in:
(i) an even number and expire between July 1, 1992, and December 31, 1992, shall obtain a biennial registration;
(ii) an even number and expire between January 1, 1993, and June 30, 1993, shall reregister their license for one year. At the end of this time they shall reregister their license for two years and biennially after that time;
(iii) an odd number and expire between July 1, 1992, and December 31, 1992, shall register their licenses for one year. At the end of that time they shall register their license for two years and biennially after that time;
(iv) an odd number and expire between January 1, 1993, and June 30, 1993, shall obtain a biennial registration;
(v) 'A' through 'L' and expire between July 1, 1992, and June 30, 1993, shall obtain a biennial registration;
(vi) 'M' through 'Z' and expire between July 1, 1992, and June 30, 1993, shall obtain a one-year registration and a biennial registration after that time.
(b) Licenses issued in South Carolina for the first time between:
(i) July 1, 1992, and December 31, 1992, which end in an even number must be issued biennially;
(ii) July 1, 1992, and December 31, 1992, which end in an odd number must be issued for one year. At the end of this time the license must be renewed for two years and biennially after that time;
(iii) January 1, 1993, and June 30, 1993, which end in an even number must be issued for one year. At the end of that time the license must be renewed for two years and biennially after that time;
(iv) January 1, 1993, and June 30, 1993, which end in an odd number must be issued biennially;
(v) July 1, 1992, and June 30, 1993, and are issued license numbers which end in 'A' through 'L' shall obtain a biennial registration;
(vi) July 1, 1992, and June 30, 1993, and which end in 'M' through 'Z' must be issued for one year and renewed biennially after that time.
(2) Registrations are valid until the last day of the month in which the registration expires. The license fees charged during the conversion process must be prorated for the length of the license issued.
(B) After June 30, 1993, all licensees must be registered and licensed for twenty-four consecutive months, and registrations expire on the last day of the twenty-fourth month. The registration and licensing of every licensee must be renewed biennially upon application by the holder and by payment of fees required by law to take effect on the first day of the month following the expiration of the registration and licensing to be renewed. This section does not prevent the Secretary of State's Attorney General's office from refusing to issue a license."
SECTION 439. Section 36-9-401 of the 1976 Code, as last amended by Act 494 of 1988, is further amended to read:
"Section 36-9-401. (1) The proper place to file in order to perfect a security interest is as follows:
(a) when the collateral is equipment used in farming operations, or farm products, or accounts or general intangibles arising from or relating to the sale of farm products by a farmer, or consumer goods, then in the office of the register of mesne conveyances or the clerk of court in the county of the debtor's residence or if the debtor is not a resident of this State then in the office of the register of mesne conveyances or the clerk of court in the county where the goods are kept, and in addition when the collateral is crops growing or to be grown in the office of the register of mesne conveyances or the clerk of court in the county where the land is located;
(b) when the collateral is timber to be cut or is minerals or the like (including oil and gas) or accounts subject to subsection (5) of Section 36-9-103, or when the financing statement is filed as a fixture filing (Section 36-9-313) and the collateral is goods which are or are to become fixtures, then in the office where a mortgage on the real estate would be filed or recorded;
(c) in all other cases, in the office of the Secretary of State Department of Commerce.
(2) A filing which is made in good faith in an improper place or not in all of the places required by this section is nevertheless effective with regard to any collateral as to which the filing complied with the requirements of this chapter and is also effective with regard to collateral covered by the financing statement against any person who has knowledge of the contents of the financing statement.
(3) A filing which is made in the proper place in this State continues effective even though the debtor's residence or place of business or the location of the collateral or its use, whichever controlled the original filing, is thereafter changed.
(4) The rules stated in Section 36-9-103 determine whether filing is necessary in this State.
(5) Notwithstanding the preceding subsections, and subject to subsection (3) of Section 36-9-302, the proper place to file in order to perfect a security interest in collateral including fixtures of a transmitting utility is the office of the Secretary of State Department of Commerce. This filing constitutes a fixture filing (Section 36-9-313) as to the collateral described which is or is to become fixtures.
(6) For the purposes of this section, the residence of an organization is its place of business if it has one or its chief executive office if it has more than one place of business."
SECTION 440. Section 36-9-403(5) of the 1976 Code, as last amended by Act 494 of 1988, is further amended to read:
"(5) The uniform fee for filing and indexing and for stamping a copy furnished by the secured party to show the date and place of filing for an original financing statement or for a continuation statement is eight dollars if the statement is in the standard form prescribed by the Secretary of State Department of Commerce and otherwise is ten dollars, plus in each case, if the financing statement is subject to subsection (5) of Section 36-9-402, two dollars. The uniform fee for each name more than one required to be indexed is two dollars. The secured party may at his option show a trade name for any person and an extra uniform indexing fee of two dollars must be paid with respect thereto."
SECTION 441. Section 36-9-404(3) of the 1976 Code, as last amended by Act 494 of 1988, is further amended to read:
"(3) If the termination statement is in the standard form prescribed by the Secretary of State Department of Commerce, the uniform fee for filing and indexing the termination statement is eight dollars, and otherwise is ten dollars, plus in each case an additional fee of two dollars for each name more than one against which the termination statement is required to be indexed."
SECTION 442. Section 36-9-405 of the 1976 Code, as last amended by Act 494 of 1988, is further amended to read:
"Section 36-9-405. (1) A financing statement may disclose an assignment of a security interest in the collateral described in the financing statement by indication in the financing statement of the name and address of the assignee or by an assignment itself or a copy of the assignment on the face or back of the statement. On presentation to the filing officer of the financing statement, the filing officer shall mark the financing statement as provided in Section 36-9-403(4). The uniform fee for filing, indexing, and furnishing filing data for a financing statement so indicating an assignment is eight dollars if the statement is in the standard form prescribed by the Secretary of State Department of Commerce and otherwise is ten dollars, plus in each case an additional fee of two dollars for each name more than one against which the financing statement is required to be indexed.
(2) A secured party of record may assign all or part of his rights under a financing statement by the filing in the place where the original financing statement was filed of a separate written statement of assignment signed by the secured party of record and setting forth the name of the secured party of record and the debtor, the file number, and the date of filing of the financing statement and the name and address of the assignee and containing a description of the collateral assigned. A copy of the assignment is sufficient as a separate statement if it complies with the preceding sentence. On presentation to the filing officer of a separate statement, the filing officer shall mark the separate statement with the date and hour of the filing. He shall note the assignment on the index of the financing statement, or in the case of a fixture filing, or a filing covering timber to be cut, or covering minerals or the like (including oil and gas) or accounts subject to subsection (5) of Section 36-9-103, he shall index the assignment under the name of the assignor as grantor and, to the extent that the law of this State provides for indexing the assignment of a mortgage under the name of the assignee, he shall index the assignment of the financing statement under the name of the assignee. The uniform fee for filing, indexing, and furnishing filing data about a separate statement of assignment is eight dollars if the statement is in the standard form prescribed by the Secretary of State Department of Commerce and otherwise is ten dollars, plus in each case an additional fee of two dollars for each name more than one against which the statement of assignment is required to be indexed. Notwithstanding the provisions of this subsection, an assignment of record of a security interest in a fixture contained in a mortgage effective as a fixture filing (subsection (6) of Section 36-9-402) may be made only by an assignment of the mortgage in the manner provided by the law of this State other than this title.
(3) After the disclosure or filing of an assignment under this section, the assignee is the secured party of record."
SECTION 443. Section 36-9-406 of the 1976 Code, as last amended by Act 494 of 1988, is further amended to read:
"Section 36-9-406. A secured party of record may by his signed statement release all or a part of any collateral described in a filed financing statement. The statement of release is sufficient if it contains a description of the collateral being released, the name and address of the debtor, the name and address of the secured party, and the file number of the financing statement. A statement of release signed by a person other than the secured party of record must be accompanied by a separate written statement of assignment signed by the secured party of record and complying with subsection (2) of Section 36-9-405, including payment of the required fee. Upon presentation of a statement of release to the filing officer he shall mark the statement with the hour and date of filing and shall note the same upon the margin of the index of the filing of the financing statement. The uniform fee for filing and noting a statement of release is eight dollars if the statement is in the standard form prescribed by the Secretary of State Department of Commerce and otherwise is ten dollars, plus in each case an additional fee of two dollars for each name more than one against which the statement of release is required to be indexed."
SECTION 444. Section 36-9-407 of the 1976 Code, as last amended by Act 494 of 1988, is further amended to read:
"Section 36-9-407. (1) If the person filing any financing statement, termination statement, statement of assignment, or statement of release, furnishes the filing officer a copy of the statement, the filing officer shall upon request note upon the copy the file number and date and hour of the filing of the original and deliver or send the copy to the person.
(2) Upon request of any person, the filing officer shall issue his certificate showing whether there is on file on the date and hour stated in the certificate, any presently effective financing statement naming a particular debtor and any statement of assignment thereof and if there is, giving the date and hour of filing of each statement and the names and addresses of each secured party in the statement. The uniform fee for the certificate is five dollars if the request for the certificate is in the standard form prescribed by the Secretary of State Department of Commerce and otherwise is eight dollars plus one dollar for each financing statement and for each statement of assignment reported therein. Upon request the filing officer shall furnish a copy of any filed financing statement or statement of assignment for a uniform fee of one dollar per page plus two dollars for certifying the copy."
SECTION 445. Section 37-1-203 of the 1976 Code is amended to read:
"Section 37-1-203. (1) Subject to constitutional and statutory jurisdictional limitations the courts of this State may exercise jurisdiction over any creditor with respect to any conduct in this State governed by this title or with respect to any claim arising from a transaction subject to this title. In addition to any other method provided by statute, personal jurisdiction over a creditor may be acquired in a civil action or proceeding instituted in a court by the service of process in the manner provided by this section.
(2) If a creditor is not a resident of this State or is a corporation not authorized to do business in this State and engages in any conduct in this State governed by this title, or engages in a transaction subject to this title, he may designate an agent upon whom service of process may be made in this State. The agent shall be a resident of this State or a corporation authorized to do business in this State. The designation shall be in writing and filed with the Secretary of State Department of Commerce. If no designation is made and filed or if process cannot be served in this State upon the designated agent, process may be served upon the Secretary of State Department of Commerce, but service upon him is not effective unless the plaintiff or petitioner forthwith mails a copy of the process and pleading by registered or certified mail to the defendant or respondent at his last reasonably ascertainable address. An affidavit of compliance with this section shall be filed with the clerk of the court on or before the return day of the process, if any, or within any further time the court allows."
SECTION 446. Section 37-6-405 of the 1976 Code is amended to read:
"Section 37-6-405. (1) The Administrator shall file in the office of the Secretary of State Department of Consumer Affairs a certified copy of each rule adopted by him. The Secretary of State Department of Consumer Affairs shall keep a permanent register of the rules open to public inspection.
(2) Each rule hereafter adopted is effective twenty days after filing, except that, if a later date is specified in the rule, the later date is the effective date."
SECTION 447. Section 37-6-406 of the 1976 Code is amended to read:
"Section 37-6-406. (1) The Secretary of State Department of Consumer Affairs shall compile, index, and publish all effective rules adopted by the Administrator. Compilations shall be supplemented or revised as often as necessary.
(2) Compilations shall be made available upon request to agencies and officials of this State free of charge and to other persons at prices fixed by the Secretary of State Department of Consumer Affairs to cover mailing and publication costs."
SECTION 448. Section 37-6-502 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"Section 37-6-502. The Commission on Consumer Affairs shall be composed of nine members, one of whom shall be the Secretary of State Lieutenant Governor as an ex officio member; four members shall be appointed by the Governor with advice and consent of the Senate and the remaining four members shall be elected by the General Assembly. Members of the Commission shall elect a Chairman. Terms of the members shall be four years unless otherwise stipulated in this section, and upon the expiration of the terms, the Governor shall appoint a member and the General Assembly shall elect one member respectively. With the exception of the ex officio member, any vacancy in the office of a member shall be filled by the Governor by appointment for the unexpired term. Members of the Commission shall be eligible for reappointment. No person associated with any businesses regulated by the Commission on Consumer Affairs shall be eligible to serve on the Commission as defined by Section 8-13-20 of the Code of Laws of South Carolina."
SECTION 449. Section 38-3-80 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 38-3-80. The department shall have a seal with a suitable inscription, an impression of which must be filed with the Secretary of State."
SECTION 450. Section 38-5-110 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 38-5-110. It is unlawful for the Secretary of State Department of Commerce to issue any charter or grant any amendments of charter to any insurer or permit any foreign or alien insurer to do business within this State without the written approval of the director or his designee."
SECTION 451. Section 38-25-510 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 38-25-510. (a) Any act of transacting an insurance business as set forth in Section 38-25-110 by an unauthorized insurer is equivalent to and constitutes an irrevocable appointment by the insurer, binding upon him, his executor or administrator, or successor in interest if a corporation, of the Secretary of State Attorney General or his successor in office to be the true and lawful attorney of the insurer upon whom may be served all lawful process in any action, suit, or proceeding in any court by the director or his designee or by the state and upon whom may be served any notice, order, pleading, or process in any proceeding before the director or his designee and which arises out of transacting an insurance business in this State by the insurer. Any act of transacting an insurance business in this State by an unauthorized insurer is signification of its agreement that any lawful process in the court action, suit, or proceeding and any notice, order, pleading, or process in the administrative proceeding before the director or his designee so served is of the same legal force and validity as personal service of process in this State upon the insurer.
(b) Service of process in the action must be made by delivering to and leaving with the Secretary of State Attorney General, or some person in apparent charge of his office, two copies thereof and by payment to the Secretary of State Attorney General of the fee prescribed by law. Service upon the Secretary of State as attorney is service upon the principal.
(c) The Secretary of State Attorney General shall immediately forward by certified mail one of the copies of the process or the notice, order, pleading, or process in proceedings before the director or his designee to the defendant in the court proceeding or to whom the notice, order, pleading, or process in the administrative proceeding is addressed or directed at its last known principal place of business and shall keep a record of all process so served on him which shall show the day and hour of service. The service is sufficient if:
(1) Notice of the service and a copy of the court process or the notice, order, pleading, or process in the administrative proceeding are sent within ten days thereafter by certified mail by the plaintiff or the plaintiff's attorney in the court proceeding or by the director or his designee in the administrative proceeding to the defendant in the court proceeding or to whom the notice, order, pleading, or process in the administrative proceeding is addressed or directed at the last known principal place of business of the defendant in the court or administrative proceeding.
(2) The defendant's receipt or receipts issued by the post office with which the letter is registered, showing the name of the sender of the letter and the name and address of the person or insurer to whom the letter is addressed, and an affidavit of the plaintiff or the plaintiff's attorney in a court proceeding or of the director or his designee in an administrative proceeding, showing compliance therewith, are filed with the clerk of court in which the action, suit, or proceeding is pending or with the director or his designee in administrative proceedings, by the date the defendant in the court or administrative proceeding is required to appear or respond thereto, or within any further time as the court or director or his designee may allow.
(d) No plaintiff is entitled to a judgment by default, a judgment with leave to prove damages, or a judgment pro confesso in any court or administrative proceeding in which court process or notice, order, pleading, or process in proceedings before the director or his designee is served under this section until the expiration of thirty days from the date of filing of the affidavit of compliance.
(e) Nothing in this section limits or affects the right to serve any process, notice, order, or demand upon any person or insurer in any other manner permitted by law."
SECTION 452. Section 38-87-110 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 38-87-110. (A) The director or his designee is authorized to use any power established under this title to enforce the insurance laws of this State not specifically preempted by the Liability Risk Retention Act of 1986, including, but without limitation, the administrative authority of the director or his designee to investigate, issue subpoenas, conduct depositions and hearings, issue orders, impose monetary penalties, and seek injunctive relief. With regard to any investigation, administrative proceedings, or litigation, the director or his designee may rely on the procedural laws of this State.
(B) Whenever the director or his designee determines that any person, risk retention group, purchasing group, or insurer of a purchasing group has violated, is violating, or is about to violate any provision of this chapter or any other insurance law of this State applicable to such person or entity, or has failed to comply with a lawful order of his, he may, in addition to any other lawful remedies or penalties, cause a complaint to be filed in the Court of Common Pleas for Richland County to enjoin and restrain such person, risk retention group, purchasing group, or insurer from engaging in such violation, or to compel compliance with such order of the director or his designee. The court has jurisdiction of the proceeding and has the power to enter a judgment and order for injunctive or other relief. In any action by the director or his designee under this subsection, service of process must be made upon the Secretary of State Attorney General, who shall forward the order, pleadings, or other process to the person, risk retention group, purchasing group, or insurer in accordance with the procedures specified in Section 38-25-510. Nothing herein may be construed to limit or abridge the authority of the director or his designee to seek injunctive relief in any district court of the United States as provided in Section 38-87-130."
SECTION 453. Section 39-3-160 of the 1976 Code is amended to read:
"Section 39-3-160. Any corporation created or organized by or under the laws of this State which shall violate any of the provisions of this article shall forfeit its corporate rights and franchises and its corporate existence shall, upon the proper proof being made thereof in any court of competent jurisdiction in the State, be by the court declared forfeited, void and of none effect and shall thereupon cease and determine. The clerk of such court shall certify the decree thereof to the Secretary of State Department of Commerce."
SECTION 454. Section 39-3-170 of the 1976 Code is amended to read:
"Section 39-3-170. Any corporation created or organized by or under the law of any other state or country which shall violate any of the provisions of this article shall thereby forfeit its right and privilege thereafter to do any business in this State and upon proper proof being made thereof in any court of competent jurisdiction in this State its rights and privileges to do business in this State shall be declared forfeited. In all proceedings to have such forfeiture declared, proof that any person who has been acting as agent of such foreign corporation in transacting its business in this State has been, while acting as such agent and in the name, behalf or interest of such foreign corporation, violating any provisions of this article shall be received as prima facie proof of the fact of the act of the corporation itself; and it shall be the duty of the clerk of such court to certify the decree thereof to the Secretary of State Department of Commerce."
SECTION 455. Section 39-15-420 of the 1976 Code is amended to read:
"Section 39-15-420. Any person desiring to avail himself of the benefits of this article may make application to the Secretary of State Department of Commerce, and shall file with the Secretary a true copy and description of such identifying mark or brand, which, if entitled thereto under the provisions of this article shall be filed and recorded by the Secretary in a book to be provided and kept by him for that purpose and the name of the owner of such brand or mark shall be likewise entered into such record and the Secretary shall then assign or designate a permanent registered number to the owner of such brand or mark, such numbers to be assigned progressively as marks and brands are received and recorded. The registered number so assigned shall then become a part of the registered brand or mark and shall plainly and distinctly be made to appear on such field boxes, crates, receptacles and containers, together with the identifying mark or brand referred to in Section 39-15-410. The Secretary of State Department of Commerce shall determine if such brand or mark so applied for is not a duplication of any brand or mark previously recorded by him or does not so closely resemble any such brand or mark as to be misleading or deceiving. If the brand or mark applied for does so resemble or is such a duplication of a previously recorded brand or mark as to be misleading or deceiving, the application shall be denied and the applicant may file some other brand or mark in the manner described above."
SECTION 456. Section 39-15-430 of the 1976 Code is amended to read:
"Section 39-15-430. Such application for filing and recording shall be accompanied by a fee of two dollars and thereupon, if consistent with the provisions of this article, the Secretary of State Department of Commerce shall issue to the person applying for registration and recordation of such mark or brand a certificate of such recordation and of the registered number assigned thereto and thereafter he shall issue such certificates, in any number, to any person applying therefor, upon the payment of a fee of one dollar for each certificate so issued. Any such certificate shall, in all proceedings in all the courts of this State, be taken and held as proof of the adoption and recordation of such identifying mark or brand."
SECTION 457. Section 39-15-440 of the 1976 Code is amended to read:
"Section 39-15-440. The owner of any such registered mark or brand may transfer, release or sell it by an instrument in writing evidencing such transfer, release or sale and, upon application to the Secretary of State Department of Commerce when such mark or brand is registered for the recordation of such instrument in writing and upon the filing of it with the Secretary and the payment of a fee of two dollars, the Secretary shall cause such instrument of transfer, release or sale to be placed on record in a book provided and kept by him for that purpose and certificates of such transfer, upon application therefor, shall be issued by him in like manner, upon the payment of like fees, as provided for the issuance of certificates under the provisions of Section 39-15-430."
SECTION 458. Section 39-15-450 of the 1976 Code is amended to read:
"Section 39-15-450. The presence of such identifying mark or brand on any field box, crate, container or receptacle, whenever a copy or description thereof shall have been filed and recorded in the office of the Secretary of State Department of Commerce as provided in Section 39-15-420, shall, in any court and in any proceedings in this State, be prima facie evidence of the ownership of such boxes, crates, containers or receptacles by the person in whose name such mark or brand may have been recorded, provided that such mark or brand shall bear the registered number provided for in Section 39-15-420."
SECTION 459. Section 39-15-490 of the 1976 Code is amended to read:
"Section 39-15-490. The refusal of any person in possession thereof to deliver any field box, crate, container or receptacle so marked or branded and registered as provided in this article to the registered owner thereof or his duly authorized agent, upon the demand of such registered owner or authorized agent, when such demand is accompanied with a display of the certificate of recordation and number thereof, as furnished to the registered owner by the Secretary of State Department of Commerce, shall be prima facie evidence in any court of this State of a fraudulent intent to convert such field box, crate, container or receptacle to the use of the person so in possession thereof and to deprive the registered owner thereof and any person convicted of a violation of the provisions of this section shall be subject to the penalty provided in Section 39-15-480."
SECTION 460. Section 39-15-1105(6) of the 1976 Code, as last amended by Act 27 of 1995, is further amended to read:
"(6) 'Secretary' means the Secretary of State Department of Commerce or the designee of the secretary charged with the administration of this article."
SECTION 461. Section 39-15-1115(E) of the 1976 Code, as added by Act 486 of 1994, is further amended to read:
"(E) The application must be accompanied by three specimens showing the mark as actually used and accompanied by the application fee payable to the Secretary of State Department of Commerce."
SECTION 462. Section 39-15-1190 of the 1976 Code, as added by Act 486 of 1994, is amended to read:
"Section 39-15-1190. (A) Whoever intentionally traffics or attempts to traffic in goods or services and knowingly uses or should have known a counterfeit mark on or in connection with such goods or services shall be deemed guilty of a misdemeanor, if an individual, be fined not more than five thousand dollars or imprisoned not more than one year, or both, and, if a person other than an individual, be fined not more than twenty thousand dollars.
(B) The term 'counterfeit mark' in this section means:
(1) a spurious mark:
(a) that is used in connection with trafficking goods or services;
(b) that is identical with, or substantially indistinguishable from, a mark registered for those goods or services with the Secretary of State Department of Commerce under this chapter and in use, whether or not the defendant knew such mark was so registered; and
(c) the use of which is likely to cause confusion, to cause mistake, or to deceive.
(2) 'Counterfeit mark' does not include any mark or designation used in connection with goods or services of which the manufacturer or producer was, at the time of the manufacture or production in question, authorized to use the mark for designation for the type of goods or services so manufactured or produced, by the holder of the right to use such mark or designation.
(C) 'Traffic' means transport, transfer, or otherwise dispose of, to another, as consideration for anything of value, or make or obtain control of with intent so to transport, transfer, or dispose of."
SECTION 463. Section 39-19-20 of the 1976 Code is amended to read:
"Section 39-19-20. Every person or corporation authorized to become a public warehouseman shall give bond in a surety company authorized to do business in this State in an amount equal to ten per cent of the estimated value of the goods for which such warehouseman will provide storage, such bond to be conditioned for the faithful performance of the duties of a public warehouseman and to be given to the Secretary of State Governor, who shall cause a copy of it to be filed with the clerk of the court in each county in which such warehouseman proposes to maintain a warehouse. Any such bond may extend over a limited period not less than one year from its date and may provide for a continuation thereof upon payment and acceptance of the annual premium in advance. But any such limitation shall not affect liabilities under the bond incurred while it was in force."
SECTION 464. Section 39-57-50 of the 1976 Code, as last amended by Part II, Act 501 of 1992, is further amended to read:
"Section 39-57-50. (A) The seller of every business opportunity shall file with the Secretary of State Department of Commerce a copy of the disclosure statement required by Section 39-57-30 before placing an advertisement or making other representations to prospective purchasers in this State and shall update this filing as a material change in the required information occurs, but no less than biennially. If the seller is required by Section 39-57-40 to provide a bond or establish a trust account, he contemporaneously shall file with the Secretary of State Department of Commerce a copy of the bond or a copy of the formal notification by the depository that the trust account is established. The Secretary of State Department of Commerce shall charge a nonrefundable filing fee of one hundred dollars for processing and maintaining the information filed by the seller.
(B) The Secretary of State Department of Commerce shall maintain a record of all sellers registering under this chapter and shall assign a registration number to each. The seller must be advised in writing of the assigned registration number, and advertisements, pamphlets, or brochures used in the promotion of the business opportunity by the seller must include the assigned registration number in the following manner: 'S.S. Reg. No. __'.
(C) A person who fails to file is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days. Each day a person fails to file constitutes a separate offense."
SECTION 465. Section 39-57-55 of the 1976 Code, as added by Part II, Act 501 of 1992, is amended to read:
"Section 39-57-55. (A) Licenses required by Chapter 57 of Title 39 to be registered biennially must be assigned registration periods as provided in this section.
(1) Upon the first reregistration of the licenses by the South Carolina Secretary of State's Department of Commerce's office after the effective date of biennial licensure, a biennial registration period must be implemented as follows:
(a) Licensees whose license numbers end in:
(i) an even number and expire between July 1, 1992, and December 31, 1992, shall obtain a biennial registration;
(ii) an even number and expire between January 1, 1993, and June 30, 1993, shall reregister their licenses for one year. At the end of that time they shall reregister their license for two years and biennially after that time;
(iii) an odd number and expire between July 1, 1992, and December 31, 1992, shall register their licenses for one year. At the end of that time they shall register their license for two years and biennially after that time;
(iv) an odd number and expire between January 1, 1993, and June 30, 1993, shall obtain a biennial registration;
(v) 'A' through 'L' and expire between July 1, 1992, and June 30, 1993, shall obtain a biennial registration;
(vi) 'M' through 'Z' and expire between July 1, 1992, and June 30, 1993, shall obtain a one-year registration and obtain a biennial registration after that time.
(b) Licenses issued in South Carolina for the first time between:
(i) July 1, 1992, and December 31, 1992, which end in an even number must be issued for a biennial registration period;
(ii) between July 1, 1992, and December 31, 1992, which end in an odd number must be issued for one year. At the end of that time the license must be renewed for two years and biennially after that time;
(iii) January 1, 1993, and June 30, 1993, which end in an even number must be issued for one year. At the end of that time the license must be renewed for two years and biennially after that time;
(iv) January 1, 1993, and June 30, 1993, which end in an odd number must be issued biennially;
(v) July 1, 1992, and June 30, 1993, and issued license numbers which end in 'A' through 'L' must be issued biennially;
(vi) between July 1, 1992, and June 30, 1993, and which end in 'M' through 'Z' must be issued for one year and renewed biennially after that time.
(2) Registrations are valid until the last day of the month in which the registration expires. The license fees charged during the conversion process must be prorated for the length of the license issued.
(B) After June 30, 1993, licensees must be registered and licensed for twenty-four consecutive months, and the registrations expire on the last day of the twenty-fourth month. The registration and licensing of every licensee must be renewed biennially upon application by the holder and by payment of fees required by law to take effect on the first day of the month following the expiration of the registration and licensing to be renewed. This section does not prevent the Secretary of State's Department of Commerce's office from refusing to issue a license."
SECTION 466. Section 39-61-70 of the 1976 Code, as added by Act 155 of 1987, is amended to read:
"Section 39-61-70. (a) No club may offer, issue, or renew a motor club service contract in this State without first obtaining from the Administrator a certificate of authority so to act. A certificate of authority must be issued by the Administrator to the club upon submission of items (1) through (6) of this subsection (a) in a form satisfactory to the Administrator. The applicant shall submit:
(1) A formal application for the certificate in the form and detail the Administrator requires, executed under oath by its president and secretary or two other principal officers of the club or other persons the Administrator may require.
(2) A certified copy of its charter or articles of incorporation and its bylaws, if any.
(3) If a corporation, a certified copy of the certificate of authority or good standing certificate from the Secretary of State Department of Commerce.
(4) A copy of its most recent financial statement prepared in accordance with generally accepted accounting principles and certified by two principal officers of the applicant or, in the event the applicant is not a corporation, other persons as the Administrator may require.
(5) An explanation of its plan of doing business and copies of the following:
(i) Its application for membership.
(ii) The proposed membership certificate or identification card and any proposed addendum thereto.
(iii) Any individual insurance policy or group certificate to be offered.
(iv) Any service contract to be issued.
(6) Any other relevant information requested by the Administrator.
(b) No certificate of authority may be issued by the Administrator until the club has paid an initial certificate of authority fee of five hundred dollars."
SECTION 467. Section 39-73-10(1) of the 1976 Code, as added by Act 68 of 1993, is amended to read:
"(1) 'Administrator' means the South Carolina Secretary of State Attorney General."
SECTION 468. Section 39-73-330 of the 1976 Code, as added by Act 68 of 1993, is amended to read:
"Section 39-73-330. (A) This chapter must be administered by the South Carolina Secretary of State Attorney General.
(B) The administrator and his employees may not use information filed with or obtained by the administrator which is not public information for personal gain or benefit and may not conduct securities or commodity dealings based upon the information, even though public, if there has not been sufficient time for the securities or commodity markets to assimilate the information.
(C)(1) Except as provided in item (2), all information collected, assembled, or maintained by the administrator is public information and is available for examination by the public.
(2) The following information is confidential and an exception to item (1):
(a) information obtained in private investigations pursuant to Section 39-73-310;
(b) information made confidential by the Freedom of Information Act;
(c) information obtained from federal agencies which must not be disclosed under federal law.
(3) The administrator in his discretion may disclose information made confidential under subsection (C)(2)(a) to persons identified in Section 39-73-335(A).
(4) This chapter does not create or derogate a privilege which exists at common law, by statute, or otherwise when documentary or other evidence is sought under subpoena directed to the administrator or his employees."
SECTION 469. Section 40-1-110 of the 1976 Code is amended to read:
"Section 40-1-110. The members of the Board shall qualify by taking the oath of office before a notary public or other officer empowered to administer oaths and a record thereof shall be filed in the office of the Secretary of State Governor. At the first meeting of the Board after each annual appointment the Board shall elect a chairman, a vice-chairman and a secretary-treasurer. The secretary-treasurer shall give such bond as the Board shall from time to time direct."
SECTION 470. Section 40-11-30 of the 1976 Code is amended to read:
"Section 40-11-30. Each member of the Board shall, before entering upon the discharge of the duties of his office, take and file with the Secretary of State Governor an oath in writing to perform properly the duties of his office as a member of the Board and to uphold the Constitution of South Carolina and the Constitution of the United States."
SECTION 471. Section 40-11-120 of the 1976 Code is amended to read:
"Section 40-11-120. On or before the first day of April of each year the Board shall submit to the Governor a report of its transactions for the preceding year and shall file with the Secretary of State Governor a copy of such report, together with a complete statement of the receipts and expenditures of the Board, attested by the affidavits of the chairman and the secretary, and a copy of the roster of licensed general and mechanical contractors."
SECTION 472. Section 40-22-40(C) of the 1976 Code, as added by Act 99 of 1991, is amended to read:
"(C) Firms seeking to incorporate or register to do business in this State under provisions of this section shall apply and obtain approval from the board before filing their articles of incorporation or revisions to their article with the Secretary of State Governor. Issuance of a certificate of authorization by the board is contingent upon official notification of approval of the charter or sanction by the Secretary of State Governor."
SECTION 473. Section 40-22-50(B) of the 1976 Code, as added by Act 99 of 1991, is amended to read:
"(B) Upon approval by the board and payment of the fee provided by regulation, the board shall grant a temporary certificate of authorization for work on one specified project in this State for a period not to exceed one year. This temporary certificate may be granted only to an out-of-state corporation, professional corporation, partnership, or similar entity, and provided that at least one of the principal officers of the corporation or professional corporation, one of the partners of the partnership, or one of the principals in any other entity is registered under this chapter or has obtained a temporary registration as provided by this chapter. The approval of a temporary certificate of authorization constitutes appointment of the Secretary of State Governor as an agent of the applicant for service of process in an action or proceeding against the applicant arising out of any transaction or operation connected with or incidental to the practice of engineering."
SECTION 474. Section 40-22-90 of the 1976 Code, as added by Act 99 of 1991, is amended to read:
"Section 40-22-90. A member of the board shall receive a certificate of his appointment from the Governor and before beginning his term of office shall file with the Secretary of State Governor his written oath or affirmation for the faithful discharge of his official duty."
SECTION 475. Section 40-33-270 of the 1976 Code is amended to read:
"Section 40-33-270. The Board may have and use an official seal bearing the words: 'State Board of Nursing for South Carolina'. It may make such rules and regulations as it may deem necessary for the purposes of carrying out the provisions of this chapter and shall fix such fees as it may deem necessary, and when such rules have been adopted, a copy of same shall be filed with the Secretary of State pursuant to the Administrative Procedures Act (Chapter 23, Title 1). Upon their adoption, they shall have the full force and effect of law."
SECTION 476. Section 40-59-20 of the 1976 Code, as last amended by Act 595 of 1990, is further amended to read:
"Section 40-59-20. There is hereby created the South Carolina Residential Builders Commission, hereinafter referred to as the commission. The commission must be composed of seven persons who shall have been residents of the State for at least five years and two of whom must be consumers not engaged in the business of residential building, four of whom have been actively engaged in residential building for a period of at least five years prior to the date of their appointment, and one of whom has been actively engaged in residential specialty contracting for a period of at least five years prior to the date of his appointment. One member must be appointed from each congressional district and one must be appointed from the State at large. Members of the commission must be appointed by the Governor with the advice and consent of the Senate for a term of four years or until their successors are appointed and qualify. Any vacancy occurring by reason of death, resignation, removal for cause, or otherwise must be filled for the remainder of the unexpired term in the same manner as provided for the original appointments. The Governor may remove any member of the commission for misconduct, incompetency, or neglect of duty.
Each member of the commission shall, before entering upon the discharge of the duties of his office, take and file with the Secretary of State Governor's Office, in writing, an oath to perform properly the duties of his office as a member of the commission and to uphold the Constitution of this State and the United States."
SECTION 477. Section 40-59-110 of the 1976 Code, as last amended by Act 72 of 1993, is further amended to read:
"Section 40-59-110. The commission shall annually submit to the Governor and the General Assembly a report of its transactions for the preceding year, including a complete statement of the receipts and expenditures of the commission, a roster of all the residential builders licensed for that year, all the residential specialty contractors registered for that year, and a list of the residential builders and residential specialty contractors whose license was revoked, suspended, or restricted by the commission during the preceding year. The commission shall also annually file with the Secretary of State Governor's Office a certified copy of the report at the same time the report is submitted to the Governor and the General Assembly."
SECTION 478. Section 40-73-20 of the 1976 Code, as last amended by Act 324 of 1994, is further amended to read:
"Section 40-73-20. All occupational and professional licensing boards of this State are required to file an annual report with the Budget and Control Board Governor's Office at the time the board he specifies. The board Governor's Office is charged with the responsibility of coordinating and compiling these reports to a consolidated report. The board Governor's Office is also charged with the responsibility of printing the consolidated report which must be made available on or before January first to each member of the General Assembly at his request and to the State Library. All licensing boards shall prepare the reports in conformity with the provisions of this act. Copies of each report must be maintained at all times and must be available for public inspection, within the offices of the Budget and Control Board Governor's Office."
SECTION 479. Section 40-77-50 of the 1976 Code is amended to read:
"Section 40-77-50. Every member of the board shall receive a certificate of his appointment from the Governor and before beginning his term of office shall file with the Secretary of State Governor's Office his written oath or affirmation for the faithful discharge of his official duty."
SECTION 480. Section 40-77-130 of the 1976 Code is amended to read:
"Section 40-77-130. A roster showing the names and places of business of all registered professional geologists must be published during the month of August of each year. Copies of this roster must be mailed to each person registered, placed on file with the Secretary of State Governor's Office, and furnished to the public upon request."
SECTION 481. Section 41-25-20(a) of the 1976 Code is amended to read:
"(a) 'Secretary' means the Secretary of State Department of Commerce or his designated representative."
SECTION 482. Section 41-25-35 of the 1976 Code, as added by Section 9, Part II, Act 501 of 1992, is amended to read:
"Section 41-25-35. (A) Licenses required by this chapter to be registered biennially must be assigned registration periods as provided in this section.
(1) Upon the first reregistration of the licenses by the South Carolina Secretary of State's Office Department of Commerce after the effective date of biennial licensure, a biennial registration period must be implemented as follows:
(a) Licenses whose license numbers end in:
(i) an even number and expire between July 1, 1992, and December 31, 1992, shall obtain a biennial registration;
(ii) an even number and expire between January 1, 1993, and June 30, 1993, shall reregister their licenses for one year. At the end of that time they shall reregister their license for two years and biennially;
(iii) an odd number and expire between July 1, 1992, and December 31, 1992, shall register their licenses for one year. At the end of that time they shall register their license for two years and biennially;
(iv) an odd number and expire between January 1, 1993, and June 30, 1993, shall obtain a biennial registration;
(v) 'A' through 'L' and expire between July 1, 1992, and June 30, 1993, shall obtain a biennial registration;
(vi) 'M' through 'Z' and expire between July 1, 1992, and June 30, 1993, shall obtain a one-year registration and obtain a biennial registration after that time;
(b) Licenses issued in South Carolina for the first time between:
(i) July 1, 1992, and December 31, 1992, which end in an even number must be issued biennially;
(ii) July 1, 1992, and December 31, 1992, which end in an odd number must be issued for one year. At the end of that time the license must be renewed for two years and biennially after that time;
(iii) January 1, 1993, and June 30, 1993, which end in an even number must be issued for one year. At the end of that time the license must be renewed for two years and biennially after that time;
(iv) January 1, 1993, and June 30, 1993, which end in an odd number must be issued biennially;
(v) July 1, 1992, and June 30, 1993, and issued license numbers which end in 'A' through 'L' must be issued biennially;
(vi) July 1, 1992, and June 30, 1993, and which end in 'M' through 'Z' must be issued for one year and renewed biennially after that time.
(2) Registrations are valid until the last day of the month in which the registration expires. The license fees charged during the conversion process must be prorated for the length of the license issued.
(B) After June 30, 1993, all licensees must be registered and licensed for twenty-four consecutive months, and the registrations expire on the last day of the twenty-fourth month. The registration and licensing of every licensee must be renewed biennially upon application by the holder and by payment of fees required by law to take effect on the first day of the month following the expiration of the registration and licensing to be renewed. This section does not prevent the Secretary of State's Office Department of Commerce from refusing to issue a license."
SECTION 483. Section 41-25-110 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 41-25-110. The provisions of this chapter may be enforced by any state agency having jurisdiction and authority to enforce this chapter, including, but not limited to:
(a) Secretary of State
(b) Division of Labor
(c)(b) Attorney General
(d)(c) Department of Consumer Affairs
(e)(d) South Carolina Law Enforcement Division
(f)(e) Circuit solicitors
(g)(f) Local law enforcement agencies
(h)(g) Any person who has been damaged by or has knowledge of any violation of the provisions of this chapter."
SECTION 484. Section 41-29-130 of the 1976 Code is amended to read:
"Section 41-29-130. General and special rules may be adopted, amended or rescinded by the Commission only after public hearing or opportunity to be heard thereon, of which proper notice has been given. Such notice shall be given by mail to the secretaries of the various commercial, business and trade organizations of the State who keep on file with the Commission their names and addresses for the purpose of receiving such notices. General rules shall become effective ten days after filing with the Secretary of State pursuant to the Administrative Procedures Act (Chapter 23, Title 1) and publication in one or more newspapers of general circulation in this State. Special rules shall become effective ten days after notification to or mailing to the last known address of the individuals or concerns affected thereby. Regulations may be adopted, amended or rescinded by the Commission and shall become effective in the manner and at the time prescribed by the Commission."
SECTION 485. Section 41-43-40 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"Section 41-43-40. The Governor shall appoint, upon the advice and consent of the Senate, one director from each congressional district and one from the State at large, who serves as chairman. Directors must have experience in the fields of business, commerce, finance, banking, real estate, or foreign trade. At least two directors must have direct commercial lending experience. The Governor and the Chairman of the State Development Board shall serve ex officio and may designate persons to represent them at meetings of the authority.
Directors serve for terms of three years; however, directors initially appointed from the first and sixth congressional districts and the State at large serve for three years; directors initially appointed from the second and fifth congressional districts serve for two years; and directors initially appointed from the third and fourth congressional districts serve for one year. Thereafter, all directors serve for a term of three years and until their successors are appointed and qualify. All vacancies must be filled for the unexpired term in the manner of the original appointment. Directors are not personally liable for losses unless the losses are occasioned by the wilful misconduct of the directors. Directors may be removed by the Governor for cause or at will. A certificate of the appointment or reappointment of any director must be filed in the offices of the Secretary of State Governor and the authority. The certificate is conclusive evidence of the due and proper appointment of a director."
SECTION 486. Section 42-7-200 of the 1976 Code, as last amended by Act 459 of 1994, is further amended to read:
"Section 42-7-200. (A) There is established within the office of the Second Injury Fund the South Carolina Workers' Compensation Uninsured Employers' Fund to ensure payment of workers' compensation benefits to injured employees whose employers have failed to acquire necessary coverage for employees. The fund must be administered by the director of the Second Injury Fund who shall establish procedures to implement this section.
When an employee makes a claim for benefits pursuant to Title 42 and the State Workers' Compensation Commission determines that the employer is subject to Title 42 and is operating without insurance or as an unqualified self-insurer, the commission shall notify the fund of the claim. The fund shall pay or defend the claim as it considers necessary in accordance with the provisions of Title 42.
When the fund is notified of a claim, the fund may place a lien on the assets of the employer by way of lis pendens or otherwise so as to protect the fund from payments of costs and benefits. If the fund is required to incur costs or expenses or to pay benefits, the fund has a lien against the assets of the employer to the full extent of all costs, expenses, and benefits paid and may file notice of the lien with the clerk of court or register of mesne conveyances of any county in which the employer has assets in the same manner as the filing of South Carolina tax liens and with the Secretary of State Department of Commerce in the same manner as utilized under Title 36 (Uniform Commercial Code). Any of the employer's assets sold or conveyed during the litigation of the claim must be sold or conveyed subject to the lien.
The fund has all rights of attachment set forth in Section 15-19-10 and has the right to proceed otherwise in the collection of its lien in the same manner as the Department of Revenue and Taxation is allowed to enforce a collection of taxes generally pursuant to Section 12-49-10, et seq. When all benefits due the claimant, as well as all expenses and costs of litigation, have been paid, the fund shall file notice of the total of all monies paid with the clerk of court in any county in which the employer has assets and with the Secretary of State Department of Commerce. This notice constitutes a judgment against the employer and has priority as a first lien in the same manner as liens of the Department of Revenue and Taxation, subject only to the lien of the Department of Revenue and Taxation pursuant to Section 12-49-10, et seq. If the employer files for bankruptcy or otherwise is placed into receivership, the fund becomes a secured creditor to the assets of the employer in the same manner as the Department of Revenue and Taxation has priority for unpaid taxes, subject only to the lien of the Department of Revenue and Taxation. The fund otherwise has all rights and remedies afforded the Department of Revenue and Taxation as set forth in Section 12-54-10, et seq.
(B) Nothing in this section precludes the South Carolina Workers' Compensation Uninsured Employers' Fund from entering into an agreement for the reimbursement of expenses, costs, or benefits paid by the fund. If an agreement is entered into subsequent to the filing of a lien, the lien may be canceled by the fund. Provided, however, an agreement between the fund and an employer under this section may provide that in the event the employer breaches the terms or conditions of the agreement, the fund may file or reinstate a lien, as the case may be. For purposes of this section, the term "costs' includes reasonable administrative costs which must be set by the director of the Second Injury Fund, subject to the approval of the Workers' Compensation Commission.
(C) To establish and maintain the South Carolina Workers' Compensation Uninsured Employers' Fund, there must be earmarked from the collections of the tax on insurance carriers and self-insured persons provided for in Sections 38-7-50 and 42-5-190 an amount sufficient to establish and annually maintain the fund at a level of not less than two hundred thousand dollars.
(D) When an employee makes a claim for benefits pursuant to Title 42 and the records of the South Carolina Workers' Compensation Commission indicate that the employer is operating without insurance, the South Carolina Workers' Compensation Uninsured Employers' Fund or any person designated by the director may subpoena the employer or its agents and require the production of any documents or records which the fund considers relevant to its investigation of the claim. The subpoena shall be returnable at the office of the fund or any place designated by it. In the case of refusal to obey a subpoena issued to any person or agent of any employer, a court of common pleas upon application of the fund may issue an order requiring the person or agent of an employer to appear at the fund and produce documentary evidence or give other evidence concerning the matter under inquiry."
SECTION 487. Section 44-7-1830 of the 1976 Code is amended to read:
"Section 44-7-1830. The term of office of the members of the board shall be six years. The initial terms however shall be adjusted in the following manner:
At the first meeting of the board, the initial terms of the eighteen representatives from the six counties shall be determined by lot with six of the members to serve a term of six years, six of the members to serve a term of four years, and six of the members to serve a term of two years. The Secretary of State Governor's Office shall be notified as to the terms established by lot.
The term of each member shall expire on the January first nearest to the end of the term of years for which he is appointed or as otherwise provided in the foregoing provisions; provided, that each member shall serve until his successor is appointed and qualified."
SECTION 488. Section 44-7-2030 of the 1976 Code is amended to read:
"Section 44-7-2030. The terms of office of the members of the board are for the length of time set forth in the enactment of the health services district but not to exceed six years. Initial terms must be established so that the terms of members of the board must expire on a staggered basis. Terms of board members must expire on a uniform date set forth in the enactment creating the health services district, provided, that each member shall serve until his successor is appointed and qualifies. Any vacancy shall be filled in the same manner as the original appointment for the unexpired portion of the term. A copy of the enactments of the respective counties or municipalities creating a health services district must be filed with the Secretary of State Governor's Office. The Secretary of State Governor's Office must be notified of the method established for staggering the terms of members of the board."
SECTION 489. Section 44-7-2120 of the 1976 Code is amended to read:
"Section 44-7-2120. All properties owned by a district, whether real, personal, or mixed, and the income from the properties, all securities issued by a district and the indentures and other instruments executed as security therefor, all leases made pursuant to the provisions of this article, and all revenues derived from these leases, and all deeds and other documents executed by or delivered to a district, are exempt from any and all taxation by the State or by any county, municipality, or other political subdivision of the State, including, but without limitation, license excise taxes imposed in respect of the privilege of engaging in any of the activities in which a district may engage. A district is not obligated to pay or allow any fees, taxes, or costs to the clerk of court, the Secretary of State, or the register of mesne conveyances in any county in respect of its incorporation, the amendment of its certificate of incorporation, or the recording of any document. The gross proceeds of the sale of any property owned by the district and used in the construction and equipment of any health care facilities for a district is exempt from all other and similar excise or sales taxes. It is the express intent of this section that any district authorized under this article incurs no tax liability to the State or any of its political subdivisions except to the extent that sales and use taxes may be payable on the purchases of goods or equipment by the district."
SECTION 490. Section 44-7-2153 of the 1976 Code is amended to read:
"Section 44-7-2153. (1) Within forty days following the adoption of the authorizing resolution, the applicant shall proceed to incorporate the district by filing for record in the office of the Secretary of State Governor a certificate of incorporation which shall comply with the requirements of this article and must be in the form and executed in the manner provided in this article.
(2) In addition to any other provisions required by this article, the certificate of incorporation of the district shall state:
(a) all information ordinarily included in the application for incorporation of corporations incorporated in this State;
(b) the name of each authorizing subdivision together with the date on which the governing body of the subdivision adopted the authorizing resolutions;
(c) the method by which the district may be dissolved and provisions relating to the vesting of title to its assets and properties upon its dissolution;
(d) any matters relating to the district that the incorporators may choose to insert that are not inconsistent with this article or with the laws of this State.
(3) The certificate of incorporation must be signed and acknowledged by each of the incorporators before a notary public.
(4) When the certificate of incorporation is filed for record, there must be attached to it:
(a) a certified copy of each authorizing resolution;
(b) a certificate by the Secretary of State Governor's Office that the name of the district is not identical to that of any other corporation organized under the laws of the State or so nearly similar thereto as to lead to confusion or uncertainty.
(5) Upon filing for record the certificate of incorporation and, the documents required by subsection (4), the district is incorporated and constitutes a public corporation under the name set forth in its certificate of incorporation. The Secretary of State Governor's Office shall record the certificate of incorporation in an appropriate manner.
(6) The Secretary of State Governor's Office, subject to the requirements of this article, shall prescribe the exact form of the certificate of incorporation."
SECTION 491. Section 44-7-2154 of the 1976 Code is amended to read:
"Section 44-7-2154. The certificate of incorporation of any district incorporated under the provisions of this article, as well as that of any public hospital or corporation reincorporated under the provisions of this article, may be amended only upon the board of the district adopting a resolution proposing an amendment which amendment is subject to approval of the governing body of each authorizing subdivision or may be amended upon the initiative of the governing body of each authorizing subdivision. All these duly approved amendments must be filed with the Secretary of State Governor's Office in the same manner as with the original certificate of incorporation."
SECTION 492. Section 44-61-70 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 44-61-70. (a) The appropriate official of the department having authority over emergency services shall have authority to recommend suspension of the license, certificate or permit of any person, firm, corporation, association, county, district, municipality or metropolitan government or agency for noncompliance with this chapter or the standards or the rules and regulations promulgated pursuant thereto.
The department official, if he has reason to believe that reasonable grounds exist, shall recommend to the board the suspension or revocation of the authorization, license, permit or certification of the licensee and shall notify the licensee of his recommendation not less than thirty days before the board shall consider such recommendation. The notice shall specify the alleged grounds therefor and the licensee shall be offered an opportunity to be heard at the hearing of the board in answer thereto. The board, at a full evidentiary hearing, shall determine whether or not the authorization, license, permit or certification shall be suspended or revoked. The decision to suspend or revoke shall be by majority vote of the total membership of the board. Such decision shall constitute final administrative action and shall be subject to review by the Circuit Court upon petition filed with the court and a copy thereof served upon the secretary of the board within thirty days from the date of delivery of the decision of the board from which such person is appealing.
No suspension or revocation of a license, authorization, permit or certification shall be effective until such time as the question of suspension or revocation has been finally resolved and if a decision of the board is appealed in court, no such suspension or revocation shall be effective until a final court determination is made. Provided, however, that if the Director of the Department of Health and Environmental Control determines that a clear and present danger would exist to the public health, safety or welfare if the license, authorization, permit or certification were not immediately suspended or revoked, the suspension or revocation shall be immediate.
(b) Grounds for revocation or suspension of an authorization, license, permit or certification shall exist for violation of any rule or regulation prescribed by the Board if such rule or regulation has been duly filed with the Secretary of State pursuant to the Administrative Procedures Act (Chapter 23, Title 1).
(c) Whoever hinders, obstructs or interferes with an officer, inspector or duly authorized agent of the Department while in the performance of his duties or violates any provision of this chapter or rule or regulation of the Board promulgated pursuant thereto shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than fifty dollars nor more than two thousand dollars or by imprisonment for not less than ten days nor more than six months for each offense. Any certificate of the Department in regard to the records of the Department shall be admissible in evidence in all prosecutions under this chapter."
SECTION 493. Section 44-61-150 of the 1976 Code is amended to read:
"Section 44-61-150. All rules and regulations promulgated by the Board shall be filed with the Secretary of State pursuant to the Administrative Procedures Act (Chapter 23, Title 1)."
SECTION 494. Section 44-79-80(4)(c) of the 1976 Code is amended to read:
"(c) If a corporation, a certified copy of the certificate of authority or good standing certificate from the Secretary of State Department of Commerce of South Carolina."
SECTION 495. Section 46-5-10 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"Section 46-5-10. There is created the Agriculture Commission of South Carolina, to be composed of one member from each judicial circuit and one member from the State at large who shall be designated chairman. The Commissioner of Agriculture shall be a member, ex officio, but without the power to vote. All terms shall be for four years, except that of the chairman, who shall be appointed by the Governor and whose term shall be coterminous with the office of the Governor appointing. The chairman shall be an agricultural producer or grower of agricultural products. The member representing a judicial circuit shall be elected by the legislative delegations representing the circuit. Representation on the Commission shall be rotated among the counties of the circuit except by unanimous consent of all members of the legislative delegation representing the circuit. The Commissioner of Agriculture shall serve as secretary to the Commission. No one shall be appointed or elected who should attain the mandatory retirement age prior to the expiration of his term.
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 Commission 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 shall immediately transmit the name of the person elected to the Secretary of State Governor 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 Agriculture Commission of South Carolina. 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 manner as prescribed herein by election by the legislative delegations of the judicial circuit for the unexpired portion of the term.
The Commission shall meet on the call of the chairman or a majority of the members."
SECTION 496. Section 46-13-60(2)(a)(iii) of the 1976 Code, as last amended by Act 491 of 1990, is further amended to read:
"(iii) the name and address of a person, who may be the Secretary of State Attorney General, whose domicile is in the State, and who is authorized to receive and accept services of summons and legal notice of all kinds for the applicant;"
SECTION 497. Section 46-15-30 of the 1976 Code is amended to read:
"Section 46-15-30. Any rules and regulations made and promulgated under the provisions of paragraph (12) of Section 46-15-20 shall be filed with the Secretary of State pursuant to the Administrative Procedures Act (Chapter 23, Title 1) and shall be posted in a conspicuous place in each market. When so filed and posted such rules and regulations shall have the force and effect of law."
SECTION 498. Section 46-17-260 of the 1976 Code is amended to read:
"Section 46-17-260. Each commodity board is authorized to accept donations, gifts, and other property to be used for commodity board purposes. Each commodity board may exercise the powers and authority conferred by law upon corporations. It shall be the duty of the Commission to certify to the Secretary of State Governor the status and changes in the membership of each commodity board. All marketing orders and agreements receiving assent in referendum and all bylaws and rules and regulations pertaining thereto shall be filed in the office of the Secretary of State Governor."
SECTION 499. Section 46-19-20 of the 1976 Code is amended to read:
"Section 46-19-20. The Department shall investigate and consider all petitions for local marketing authorities filed with it and, if a need for such local authority and reasonable chances for success shall appear, the department shall certify such facts to the Secretary of State Department of Commerce who, without charge, shall issue a certificate of incorporation to the local marketing authority."
SECTION 500. Section 46-33-40 of the 1976 Code is amended to read:
"Section 46-33-40. As a further condition precedent for doing business in this State any person to whom the provisions of Section 46-33-10 apply shall appoint the Secretary of State Attorney General as his agent to accept service in any suit brought against him for the violation of the conditions of the bond required by Section 46-33-20."
SECTION 501. Section 46-39-30 of the 1976 Code is amended to read:
"Section 46-39-30. They shall file with the Secretary of State Department of Commerce a written petition signed by themselves setting forth:
(1) The names and residences of the petitioners;
(2) The name of the proposed association which shall include the words 'Farmers Association';
(3) The place at which it proposes to have its principal place of business;
(4) The amount of capital stock of the association and how and when payable;
(5) The number of shares into which the capital stock is to be divided and the par value of each share; and
(6) All other matters which may be desirable to set forth or which the Secretary of State Department of Commerce may require."
SECTION 502. Section 46-39-40 of the 1976 Code is amended to read:
"Section 46-39-40. Upon the filing of the petition as above and upon the payment of the fee for filing such petition, the Secretary of State Department of Commerce shall issue to the petitioners a commission constituting them a board of incorporators and authorizing them to open books of subscription to the capital stock of the proposed association after such public notice, not exceeding ten days, as he may require in such commission."
SECTION 503. Section 46-39-130 of the 1976 Code is amended to read:
"Section 46-39-130. Upon the payment to the treasurer or the secretary-treasurer of the association of at least twenty per cent of the aggregate amount of the capital subscribed payable in money and also upon the delivery of at least twenty per cent of the property subscribed to the aggregate amount of the capital stock or upon its delivery being secured by such obligations of the subscribers as the board of directors may approve the board of directors shall, over their own signatures, certify to the Secretary of State Department of Commerce that all the requirements for the formation of the association have been complied with.
Upon the filing of this return by the directors and the payment of the required fee for filing such return and upon the receipt of the charter fee as now provided by law the Secretary of State Department of Commerce shall issue to the board of incorporators a certificate of charter authorizing the association to commence business under the name and for the purposes indicated in the written declaration. The certificate of charter granted by the Secretary of State Department of Commerce shall be recorded in the office of the register of mesne conveyances or the clerk for the county in which such association shall have a business office. The board of incorporators shall turn over to the proper officers of the association all subscriptions, lists and other papers which they have taken as incorporators and all such papers shall be as valid as if taken and made by the association."
SECTION 504. Section 46-39-150 of the 1976 Code is amended to read:
"Section 46-39-150. Any association organized for the purposes aforesaid which shall have accomplished the purpose for which it has been organized or which may desire to wind up its affairs may do so upon a vote of a two-thirds majority of its members at a meeting of which published notice or written notice mailed to each member shall be given. Such notice shall state the purpose of the proposed meeting. A certificate stating such facts shall be filed with the Secretary of State Department of Commerce."
SECTION 505. Section 46-39-160 of the 1976 Code is amended to read:
"Section 46-39-160. A certified copy of the charter and any amendment thereof from the Secretary of State Department of Commerce or from the clerk of the court or register of mesne conveyances of the county in which such charter is required to be recorded shall be sufficient evidence of the incorporation of any association chartered under this chapter and of any amendment to its certificate of incorporation."
SECTION 506. Section 46-39-170 of the 1976 Code is amended to read:
"Section 46-39-170. All papers required to be filed hereunder and all charters or amendments thereof that may be granted shall be filed under proper numbers and indexed by the Secretary of State Department of Commerce. The charter or amendments shall be recorded within thirty days after its receipt in the office of the clerk of court or register of mesne conveyances in the county in which the corporation is organized."
SECTION 507. Section 48-4-30 of the 1976 Code, as added by Section 1174, Act 181 of 1993, is amended to read:
"Section 48-4-30. The department shall be governed by a board consisting of seven non-salaried board members. Board members of the former Department of Wildlife and Marine Resources shall serve as board members for the Department of Natural Resources until their terms expire and their successors are appointed and qualify. All board members shall be appointed by the Governor with the advice and consent of the Senate. One member shall be appointed from each congressional district of the state and one shall be appointed from the state at-large. 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. Board members must possess sound moral character, superior knowledge in the fields of wildlife, marine, and natural resource management, and proven administrative ability.
The Governor may remove any board member pursuant to the provisions of Section 1-3-240.
Terms of the members shall be for four years and until their successors are appointed and qualify. 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 board member, within thirty days after notice of appointment and before taking office, shall take and file with the Secretary of State Governor the oath of office prescribed by the State Constitution.
One of the members of the board shall be designated by the Governor to serve as chairman."
SECTION 508. Section 48-9-620 of the 1976 Code, as last amended by Section 1188, Act 181 of 1993, is further amended to read:
"Section 48-9-620. [From and after July 1, 1994, this section reads as follows:] The two appointed commissioners shall present to the Secretary of State Governor 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 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 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 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 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 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 department."
SECTION 509. Section 48-9-630 of the 1976 Code, as last amended by Section 1188, Act 181 of 1993, is further amended to read:
"Section 48-9-630. [From and after July 1, 1994, this section reads as follows:] The Secretary of State Governor 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 Governor 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 department, which shall thereupon submit to the Secretary of State Governor 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 Governor 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 Governor 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 510. Section 48-9-650 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"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 Governor as provided in Section 48-9-630. A copy of such certificate duly certified by the Secretary of State Governor shall be admissible in evidence in any such suit, action or proceeding and shall be proof of the filing and contents thereof."
SECTION 511. Section 48-9-850 of the 1976 Code, as last amended by Section 1189, Act 181 of 1993, is further amended to read:
"Section 48-9-850. The 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 Governor of the change in the boundaries of the remaining district and to complete the organization of the governing body of the remaining district."
SECTION 512. Section 48-9-1040 of the 1976 Code, as last amended by Section 1190, Act 181 of 1993, is further amended to read:
"Section 48-9-1040. Upon receipt from the department of a certification that the 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 Governor for the discontinuance of such district and shall transmit with such application the certificate of the department setting forth the determination of the 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 Governor shall issue to the commissioners a certificate of dissolution and shall record such certificate in an appropriate book of record in his office."
SECTION 513. Section 48-27-20 of the 1976 Code is amended to read:
"Section 48-27-20. A State Board of Registration for Foresters is created whose duty it is to administer the provisions of this chapter. The Board shall consist of five registered foresters, recommended by the Foresters Council of South Carolina and two nonforester members recommended by the South Carolina Forestry Association, appointed by the Governor. The Governor shall also consider nominations from any other individual, group, or association. Each member of the Board must be commissioned by the Governor and, before beginning his term of office, shall file with the Secretary of State Governor his written oath or affirmation for the faithful discharge of his official duty. On the expiration of the term of any member of the Board, three nominees for each position recommended by the designated group must be submitted to the Governor from which he shall appoint for a term of five years a Board member having the qualifications required by Section 48-27-30 to take the place of each member whose term on the Board is expiring. Any vacancy occurring for a reason other than the expiration of office must be filled by the Governor from three nominees recommended by the designated group to fill the unexpired term of the member. If the Governor fails to make appointment in ninety days after expiration of any term, the Board shall make the necessary appointment. Each member shall hold office until the expiration of the term for which he is appointed and until a successor is duly appointed and qualifies."
SECTION 514. Section 48-27-220 of the 1976 Code is amended to read:
"Section 48-27-220. A roster, showing the names and places of business of all registered foresters qualified according to the provisions of this chapter, shall be prepared by the secretary of the board during the month of July of each year. Copies of this roster shall be mailed to each person so registered, placed on file with the Secretary of State Governor, and furnished to the public on request."
SECTION 515. 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 in his office, 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 516. Section 48-43-40(D) of the 1976 Code, as last amended by Section 1236, Act 181 of 1993, is further amended to read:
"(D) All rules, regulations, and orders made by the Department of Health and Environmental Control shall be in writing, shall be entered in full and indexed in books to be kept by the department 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 pursuant to the Administrative Procedures Act (Chapter 23, Title 1). A copy of any rule, regulation or order, certified by any member of the department or the department, under its seal, shall be received in evidence in all courts of this State with the same effect as the original."
SECTION 517. Section 49-7-120 of the 1976 Code is amended to read:
"Section 49-7-120. The Authority shall conduct its affairs on the fiscal year basis employed by the State, viz., its fiscal year shall begin on July first of each year and shall end on June thirtieth of the succeeding year. As shortly after the close of its fiscal year as may be practicable, an audit of its affairs shall be made by certified public accountants of good standing, to be designated by the Authority. Copies of such audits, incorporated into an annual report of the Authority, shall be filed with the treasurer of Berkeley County, the clerk of the city council of Charleston, in the offices of the clerks of court for Berkeley and Charleston Counties, and with the Secretary of State Governor."
SECTION 518. Section 49-19-320 of the 1976 Code is amended to read:
"Section 49-19-320. Immediately after the district has been declared a corporation by the court the clerk thereof shall transmit to the Secretary of State Governor a certified copy of the findings and decree of the court incorporating the district and such copy shall be filed in the office of the Secretary of State Governor. A copy of such findings and decree together with a plat of the district showing the outside boundary lines shall also be filed in the office of the clerk of the court of common pleas in each of the counties having land in the district, where such copy shall become a permanent record, and each such clerk shall receive a fee of one dollar for filing and preserving it."
SECTION 519. Section 49-19-2540 of the 1976 Code is amended to read:
"Section 49-19-2540. The clerk of the court shall, within ten days after the granting of such decree, transmit a certified copy of the petition to the secretary of the board of supervisors and also a copy to each of the clerks of the courts of common pleas of the counties having land in the district and to the Secretary of State Governor. Each such clerk shall file and preserve the copy in his office and for such filing and preserving he shall receive a fee of one dollar."
SECTION 520. Section 49-19-2580 of the 1976 Code is amended to read:
"Section 49-19-2580. When the petition has been filed the clerk of the court shall give notice of such filing in the manner provided for giving notice in Section 49-19-250, the notice to state substantially the contents of the petition and the objects sought and the term of court at which the matter is to be heard. Any person owning land in either of the districts may, on or before the first day of such term of court, file objections to the regularity or sufficiency of any of the proceedings had in the premises and if such objections are overruled or if no objections are made the court shall make an order that any two or more of the several districts so asking to be united shall be united and consolidated as one district, under some appropriate designation, with all the rights, powers and privileges of such districts organized under this chapter. All orders made in regard to extension of time, boundaries or uniting districts shall be spread on the records of the court of common pleas and a certified copy thereof shall be filed with the clerk of the court of common pleas of each county in which any of such lands is located and also with the Secretary of State Governor and such clerk shall receive a fee of one dollar for filing and preserving such certificates."
SECTION 521. Section 49-19-2610 of the 1976 Code is amended to read:
"Section 49-19-2610. If a majority of the acreage represented at such meeting shall vote in favor of such extension the board of supervisors shall, not less than ten days before the next term of the court of common pleas, file a petition with the clerk of such court, praying for the extension of the corporate existence of the district. After filing the petition the same proceedings shall be had as is provided for in this chapter relating to the incorporation of the district. If such petition be granted by the court within ten days thereafter the clerk shall transmit a copy of the decree to the secretary of the board of supervisors, a copy to the Secretary of State Governor and a copy to the clerk of the court of common pleas of each county having land in the district. Such clerks shall file and preserve the copies in their respective offices and for such service shall each receive a fee of one dollar. In case the court should find that such extension should not be allowed the petition shall be dismissed and the cost incurred in the case be paid by the district."
SECTION 522. Section 49-27-70 of the 1976 Code, as last amended by Section 1253, Act 181 of 1993, is further amended to read:
"Section 49-27-70. (A) A copy of the joint ordinance creating the commission and of any joint ordinance amending or repealing the joint ordinance creating the commission must be filed with the Executive Director of the North Carolina Wildlife Resources Commission and the Director of the South Carolina Department of Natural Resources. When the directors receive ordinances that are in substance identical from all three counties concerned, they, in accordance with procedures agreed upon, shall, within ten days, certify this fact and distribute a certified single ordinance text to the following:
(1) the Secretary of State of North Carolina and the Secretary of State Governor of South Carolina;
(2) the clerk to the governing board of each of the three counties;
(3) the clerk of superior court of Mecklenburg and Gaston Counties and the clerk of court of York County. Upon request, the directors also shall send a certified single copy of any and all applicable joint ordinances to the chairman of the commission;
(4) a newspaper of general circulation in the three counties.
(B) Unless a joint ordinance specifies a later date, it shall take effect when the directors' certified text has been submitted to the Secretaries of State named officials for filing. Certifications of the directors under the seal of the commission as to the text or amended text of any joint ordinance and of the date or dates of submission to the Secretaries of State named officials is admissible in evidence in any court. Certifications by any clerk of superior court or county clerk of court of the text of any certified ordinance filed with him by the directors is admissible in evidence and the directors' submission of the ordinance for filing to the clerk shall constitute prima facie evidence that the ordinance was on the date of submission also submitted for filing with the Secretary of State Governor of South Carolina. Except for the certificate of a clerk as to receipt and date of submission, no evidence may be admitted in court concerning the submission of the certified text of any ordinance by the directors to any person other than the Secretary of State Governor of South Carolina."
SECTION 523. Section 49-27-80 of the 1976 Code, as last amended by Section 1254, Act 181 of 1993, is further amended to read:
"Section 49-27-80. (A) Except as limited in subsection (B) of this section, by restrictions in any joint ordinance, and by other supervening provisions of law, the commission may make regulations applicable to Lake Wylie and its shoreline area concerning all matters relating to or affecting the use of Lake Wylie. These regulations may not conflict with or supersede provisions of general or special acts or of regulations of state agencies promulgated under the authority of general law. No regulations adopted under the provisions of this section may be adopted by the commission except after public hearing, with publication of notice of the hearing in a newspaper of general circulation in the three counties at least ten days before the hearing. In lieu of or in addition to passing regulations supplementary to state law and regulations concerning the operation of vessels on Lake Wylie, the commission may, after public notice, request that the North Carolina Wildlife Resources Commission and the South Carolina Department of Natural Resources pass local regulations on this subject in accordance with the procedure established by appropriate state law.
(B) Violation of any regulation of the commission commanding or prohibiting an act is a misdemeanor punishable by a fine not to exceed two hundred dollars or thirty days' imprisonment.
(C) The regulations promulgated under this section take effect upon passage or upon such dates as may be stipulated in the regulations except that no regulation may be enforced unless adequate notice of the regulation has been posted in or on Lake Wylie or its shoreline area. Adequate notice as to a regulation affecting only a particular location may be by a sign, uniform waterway marker, posted notice, or other effective method of communicating the essential provisions of the regulation in the immediate vicinity of the location in question. Where a regulation applies generally as to Lake Wylie or its shoreline area, or both, there must be a posting of notices, signs, or markers communicating the essential provisions in at least three different places throughout the area and it must be printed in a newspaper of general circulation in the three counties.
(D) A copy of each regulation promulgated under this section must be filed by the commission with the following persons:
(1) the Secretaries of State of North and South Carolina Secretary of State of North Carolina and the Governor of South Carolina;
(2) the clerk of superior court of Mecklenburg and Gaston Counties and the clerk of court of York County;
(3) the Directors of the Wildlife Resources Commission of North Carolina and the South Carolina Department of Natural Resources.
(E) Any official designated in subsection (D) above may issue certified copies of regulations filed with him under the seal of his office. These certified copies may be received in evidence in any proceeding.
(F) Publication and filing of regulations promulgated under this section as required above is for informational purposes and is not a prerequisite to their validity if they in fact have been duly promulgated, the public has been notified as to the substance of regulations, a copy of the text of all regulations is in fact available to any person who may be affected, and no party to any proceeding has been prejudiced by any defect that may exist with respect to publication and filing. Rules and regulations promulgated by the commission under the provisions of other sections of this chapter relating to internal governance of the commission need not be filed or published. Where posting of any sign, notice, or marker or the making of other communication is essential to the validity of a regulation duly promulgated, it is presumed in any proceeding that prior notice was given and maintained and the burden lies upon the party asserting to the contrary to prove lack of adequate notice of any regulation."
SECTION 524. Section 50-3-140 of the 1976 Code, as last amended by Section 1258, Act 181 of 1993, is further amended to read:
"Section 50-3-140. [From and after July 1, 1994, this section reads as follows:] The department shall file with the Secretary of State and Legislative Council for publication in the State Register a description and illustration of the uniform and emblems of the official enforcement officers' uniforms and motor vehicles and a description of the color of such uniforms and vehicles."
SECTION 525. Section 50-3-315 of the 1976 Code, as last amended by Section 1258, Act 181 of 1993, is further amended to read:
"Section 50-3-315. (A) The director may appoint deputy enforcement officers to serve without pay and shall establish their territorial jurisdiction. The officers, when acting in their official capacity, may enforce all laws and regulations relating to wildlife, marine, or natural resources within their territorial jurisdiction. The powers and duties of the officers must be established by regulations of the department. Deputy enforcement officers serve at the pleasure of the director. The Secretary of State Governor shall transmit to the director the commissions of all officers. The director shall transmit each commission to the office of the clerk of court for the county in which the officer resides only after he files the oaths and bonds required by Section 50-3-330.
(B) Deputy enforcement officers commissioned by the director are volunteers covered by Chapter 25 of Title 8 and not employees entitled to coverage or benefits in Title 42.
(C) Every two years the department shall conduct a criminal records check on each deputy enforcement officer."
SECTION 526. Section 50-3-320 of the 1976 Code, as last amended by Section 1258, Act 181 of 1993, is further amended to read:
"Section 50-3-320. The Secretary of State Governor shall transmit to the board the commissions of all enforcement officers and the director shall deliver such commissions to the enforcement officers only after the enforcement officers have filed oaths and bonds as required by Section 50-3-330."
SECTION 527. Section 50-19-2240 of the 1976 Code, as last amended by Section 1267, Act 181 of 1993, is further amended to read:
"Section 50-19-2240. The department shall also negotiate for and enter into a reciprocal agreement with the authorized officials of the state of Georgia, adopting rules and regulations for the preservation and propagation of fish and game within the area described in Section 50-19-2220, the recognition of the licenses and permits of one state by the other and the enforcement of the laws of the two states over the area involved. If necessary to reach such an agreement or it is deemed advisable for the better protection and management of the game and fish of this area, the department may increase the bag limit to not more than twelve bass and thirty other game fish in possession at one time and may make and agree to other reasonable rules and regulations with the Georgia authorities, not inconsistent with the laws of this State, and may change or alter them from time to time. Any rules and regulations so adopted by the authorized officials of the two states on the above subjects and not inconsistent with the laws of this State shall have the force and effect of law, after being published in newspapers circulating in the area at least once a week for three weeks and after copies thereof have been filed with the Secretary of State Governor, as provided by law. Any reciprocal agreement so entered into shall contain a provision that either party thereto may cancel it upon ninety days' written notice to the other party."
SECTION 528. Section 50-19-2640 of the 1976 Code is amended to read:
"Section 50-19-2640. The Department shall also negotiate for and enter into a reciprocal agreement with the authorized officials of the state of Georgia, adopting rules and regulations for the preservation and propagation of fish and game within the area, the recognition of the licenses and permits of one state by the other and the enforcement of the laws of the two states over the area involved. If necessary to reach such agreement or it is deemed advisable for the better protection and management of the game and fish of this area, the Department may increase the bag limit prescribed by item (1) of Section 50-19-2620 to not more than twelve bass and thirty other game fish in possession at one time and may make and agree to other reasonable rules and regulations with the Georgia authorities, not inconsistent with the laws of this State, and may change or alter them from time to time. Any rules and regulations so adopted by the authorized officials of the two states, on the above subjects and not inconsistent with the laws of this State, shall have the force and effect of law after being published in newspapers circulating in the area at least once a week for three weeks and after copies thereof have been filed with the Secretary of State Governor, as provided by law. Any reciprocal agreement so entered into shall contain a provision that either party thereto may cancel it upon ninety days' written notice to the other party."
SECTION 529. Section 51-11-40 of the 1976 Code, as last amended by Section 1278, Act 181 of 1993, is further amended to read:
"Section 51-11-40. The department shall file a copy of its South Carolina Outdoor Recreation Plan of 1970 with the Secretary of State Governor. The plan, and amendments thereto, and such formulas and priorities promulgated by the department for the purpose of administering it, shall serve as a guide for the expenditure of these funds."
SECTION 530. Section 51-13-750 of the 1976 Code is amended to read:
"Section 51-13-750. The Authority shall have jurisdiction over the lands, waters, shores, spoil areas and marshes of that area in Charleston harbor in Charleston County consisting of lands, shores and marshes known as Hog Island and lands, shores, marshes and spoil areas immediately adjacent to said Island; being bounded on the north by the rights-of-way of U.S. Highway 17 and of the Cooper River bridges, on the northeast by a creek running from said right-of-way to Shem Creek, on the east by Shem Creek, on the south by Hog Island channel, and on the west by the Cooper River, all of which area is hereby designated as Patriot's Point and shall be known and described as such; and the Authority may take, exclusively occupy, use and possess, to the extent necessary for carrying out the provisions of this article, any lands owned by the State within the area hereinabove described, including shores, waters, marshes, swamps and overflowed lands, bottoms of streams, and bays within the area, and the riparian rights pertaining thereto; excluding the adjacent navigation channels of Charleston harbor; provided such use may be limited by navigation rights or other easements reserved by the State or the United States and by operation and maintenance of the harbor, channels and port of Charleston by the State Ports Authority. When so taken and occupied, due notice of such taking and occupancy having been filed with the Secretary of State Governor, such areas are hereby granted to and shall be the property of the Authority, subject to the limitations for navigation and harbor and port uses above provided, and the laws of the United States with respect to navigable waters. For the purposes of this section, the meaning of the term 'use' shall include the removal of material, including spoil or fill material, from and the placing of such material on any part of the lands, shores, marshes and areas hereinabove described. In the event it shall be held by a court of competent jurisdiction that there is any property in the above described areas which may not be so granted by the State, the provisions of this section shall continue of full force and effect as to all other areas so granted to the Authority, and the remainder may be purchased or condemned by the Authority in the manner hereinafter provided."
SECTION 531. Section 51-15-520 of the 1976 Code is amended to read:
"Section 51-15-520. Any such city or municipality may create corporations, own stock therein and name directors and officers for the management thereof, for the purpose of having the corporations acquire properties in like manner as provided in Section 51-15-510 for the uses set out therein. The Secretary of State Department of Commerce may issue charters for such corporations just as charters are now issued for business corporations and such corporations when formed shall have the powers of usual business corporations, with special authority to buy, sell, own, lease or mortgage the real and personal property so acquired."
SECTION 532. Section 53-1-160 of the 1976 Code, as added by Act 134 of 1995, is amended to read:
"Section 53-1-160. (A) In addition to other exemptions provided by statute, the county governing body may by ordinance suspend the application of the Sunday work prohibitions provided in Chapter 1 of Title 53 in a county which does not qualify for the exemption provided in Section 53-1-150. If the county governing body suspends the application of Sunday work prohibitions, any employee of any business which operates on Sunday under the provisions of this section has the option of refusing to work in accordance with Section 53-1-100. Any employer who dismisses or demotes an employee because he is a conscientious objector to Sunday work is subject to a civil penalty of treble the damages found by the court or the jury plus court costs and the employee's attorney's fees. The court may order the employer to rehire or reinstate the employee in the same position he was in prior to the dismissal or demotion without forfeiture of compensation, rank, or grade. No proprietor of a retail establishment who is opposed to working on Sunday may be forced by his lessor or franchisor to open his establishment on Sunday nor may there be discrimination against persons whose regular day of worship is Saturday.
(B) In addition to other exemptions provided by statute, the Sunday work prohibitions provided in Chapter 1 of Title 53 may only be continued:
(1) in a county which does not qualify for the exemption provided in Section 53-1-150 within ninety days before the 1996 general election; or
(2) in a county in which the county governing body has not suspended application of the Sunday work prohibitions by ordinance as provided in subsection (A) within ninety days before the 1996 general election; if a majority of the qualified electors of that county voting in a referendum at the time of the 1996 general election vote in favor of the continued prohibition on Sunday work.
(C) The county election commission shall place the question in subsection (G) on the ballot in November 1996 in a county:
(1) which does not qualify for the exemption provided in Section 53-1-150 within ninety days before the 1996 general election; or
(2) in which the county governing body has not suspended application of the Sunday work prohibitions by ordinance as provided in subsection (A) within ninety days before the 1996 general election.
(D) The state election laws shall apply to the referendum, mutatis mutandis. The State Board of Canvassers shall publish the results of the referendum within each county and certify them to the Secretary of State State Election Commission.
(E) If a county in which the referendum is to be held qualifies for the exemption provided in Section 53-1-150 after September 1, 1996, and before November 5, 1996, the county governing body shall direct the county election commission not to place the question on the ballot and not to hold the referendum.
(F) If the result of this referendum is not in favor of a continuation of the prohibition on Sunday work within the county, Chapter 1 of Title 53 shall not apply within such county after the result of the referendum is certified to the Secretary of State State Election Commission. Any employee of any business which operates on Sunday under the provisions of this section has the option of refusing to work in accordance with Section 53-1-100. Any employer who dismisses or demotes an employee because he is a conscientious objector to Sunday work is subject to a civil penalty of treble the damages found by the court or the jury plus court costs and the employee's attorney's fees. The court may order the employer to rehire or reinstate the employee in the same position he was in prior to the dismissal or demotion without forfeiture of compensation, rank, or grade. No proprietor of a retail establishment who is opposed to working on Sunday may be forced by his lessor or franchisor to open his establishment on Sunday nor may there be discrimination against persons whose regular day of worship is Saturday.
(G) The question put before the voters shall read as follows:
'Shall the prohibition on Sunday work continue in this county subject to an employee's right to elect not to work on Sunday if the prohibition is not continued after certification of the result of this referendum to the Secretary of State State Election Commission?
(H) Notwithstanding the provisions of subsections (A) through (G), the referendum provided by subsection (B) must be held in a county which qualified for the exemption provided in Section 53-1-150 after May 8, 1985."
SECTION 533. Section 54-3-170 of the 1976 Code is amended to read:
"Section 54-3-170. The Authority may take, exclusively occupy, use and possess, in so far as may be necessary for carrying out the provisions of this chapter, any areas of land owned by the State and within the counties of Beaufort, Charleston and Georgetown, not in use for State purposes, including swamps and overflowed lands, bottoms of streams, lakes, rivers, bays, the sea and arms thereof and other waters of the State and the riparian rights thereto pertaining. When so taken and occupied, due notice of such taking and occupancy having been filed with the Secretary of State Governor, such areas of land are hereby granted to and shall be the property of the Authority. For the purposes of this section, the meaning of the term 'use' shall include the removal of material from and the placing of material on any such land. In case it shall be held by any court of competent jurisdiction that there are any lands owned by the State which may not be so granted, then the provisions of this section shall continue in full force and effect as to all other lands owned by the State. The provisions of this section are subject to all laws and regulations of the United States with respect to navigable waters."
SECTION 534. Section 55-5-180 of the 1976 Code, as last amended by Section 1289, Act 181 of 1993, is further amended to read:
"Section 55-5-180. The division shall keep on file with the Secretary of State Governor and at the principal office of the division for public inspection a copy of all its rules and regulations. On or before December thirty-first, in each year, the division shall make to the Governor a full report of its proceedings for the year ending December first in each year and may submit with such report such recommendations pertaining to its affairs as seem to it to be desirable."
SECTION 535. Section 55-11-210 of the 1976 Code is amended to read:
"Section 55-11-210. The commission is authorized to adopt and promulgate rules and regulations governing the use of roads, streets and parking facilities on lands of the Greenville-Spartanburg Airport District. Such rules and regulations shall not be in conflict with any state law and all state laws shall be applicable to the roads, streets and parking facilities under the control of the commission. Rules and regulations of the commission shall become effective when filed with the Executive Secretary of the Greenville-Spartanburg Airport and in the office of the Secretary of State in accordance with Section 1-1-210.
The commission is authorized to employ police officers commissioned by the Governor to enforce all laws and the rules and regulations authorized in this section, and such officers shall be authorized to issue summonses for violations in the manner authorized for state highway patrolmen. Violations of any law or any rule or regulation of the commission within the jurisdiction of the Civil and Criminal Court of Spartanburg shall be tried in that court. Violations not within the jurisdiction of that court shall be tried by any magistrate or other court of competent jurisdiction. Any person violating the rules and regulations of the commission shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than one hundred dollars or be imprisoned for not more than thirty days.
All fines and forfeitures collected pursuant to the provisions of this section shall be forwarded weekly to the Greenville-Spartanburg Airport Commission by the enforcing court for deposit in the general operating fund of the district."
SECTION 536. Section 56-21-70 of the 1976 Code is amended to read:
"Section 56-21-70. The South Carolina Department of Mental Health may adopt and promulgate rules and regulations governing and controlling use of the roads, streets and parking facilities by operators of vehicles within the area and lands of the State Hospital and Midlands Center. No such rules and regulations shall be in conflict with any State law on the subject, all of such State laws being hereby declared in force and applicable to the roads, streets and parking facilities under the control and authority of the Department. Copies of the rules and regulations shall be filed with the administrative heads of both institutions, the Secretary of State, the Code Commissioner, the city of Columbia and the magistrate's office in Upper township in Richland County."
SECTION 537. Section 57-1-325 of the 1976 Code, as added by Section 1504, Act 181 of 1993, is amended to read:
"Section 57-1-325. Legislators residing in the congressional district shall meet upon written call of a majority of the members of the delegation of each district at a time and place to be designated in the call for the purpose of electing a commissioner to represent the district. A majority present, either in person or by written proxy, of the delegation from a given congressional district constitute a quorum for the purpose of electing a district commissioner. No person may be elected commissioner who fails to receive a majority vote of the members of the delegation.
The delegation must be organized by the election of a chairman and a secretary, and the delegations of each congressional district shall adopt such rules as they consider proper to govern the election. Any absentee may vote by written proxy. When the election is completed, the chairman and the secretary of the delegation shall immediately transmit the name of the person elected to the Secretary of State State Election Commission who shall issue to the person, after he has taken the usual oath of office, a certificate of election as commissioner. The Governor shall thereupon issue a commission to the person, and pending the issuance of the commission the certificate of election is sufficient warrant to the person to perform all of the duties and functions of his office as commissioner. Each commissioner shall serve until his successor is elected and qualified."
SECTION 538. Section 57-1-340 of the 1976 Code, as added by Section 1504, Act 181 of 1993, is amended to read:
"Section 57-1-340. Each commission member, within thirty days after his election or appointment, and before entering upon the discharge of the duties of his office, shall take, subscribe, and file with the Secretary of State Governor the oath of office prescribed by the Constitution of the State."
SECTION 539. Section 57-5-180 of the 1976 Code, as amended by Section 1509, Act 181 of 1993, is amended to read:
"Section 57-5-180. Upon execution of an agreement with the Atomic Energy Commission, the Department of Transportation shall file with the Secretary of State Governor a copy of the agreement and shall publicly declare the date on which the highway shall be a part of the state highway system. After such execution, the terms of the agreement shall have full force notwithstanding any other provisions of law relating to highways in this State."
SECTION 540. Section 57-5-1410 of the 1976 Code is amended to read:
"Section 57-5-1410. All turnpike bonds must be executed in the name of and on behalf of the State of South Carolina and must be signed by the Governor and the State Treasurer. The Great Seal of the State must be affixed to, impressed, or reproduced upon each of them and they must be attested by the Secretary of State. If approved by the State Board, any one or two of the officers may, in lieu of manually signing, employ the use of the facsimile of their signatures in executing any turnpike bonds."
SECTION 541. Section 57-15-10 of the 1976 Code is amended to read:
"Section 57-15-10. The governing body of every county may grant charters for ferries and establish ferries under the provisions of this chapter and shall report all such charters to the Secretary of State Governor immediately after they are granted."
SECTION 542. Section 57-21-20 of the 1976 Code is amended to read:
"Section 57-21-20. Any area in any such county which contains unimproved roads and streets aggregating not less than one-half mile and not more than ten miles may be constituted, created and established a paving district, in the following manner:
(1) A petition signed by a majority in number of the owners of record of the property lying within the area proposed to be included in the district shall be filed with the governing body of the county. The petition shall contain a brief statement requesting that the area be constituted a paving district and giving the boundaries of the same and the type of paving desired and requesting that a special election be held in such paving district to vote upon the question whether an ad valorem tax shall be levied upon the property in the proposed paving district to provide a special fund to repay the cost of improving and paving the streets and roadways in the proposed paving district.
(2) Upon the filing of such petition, the governing body of the county shall cause a survey and plat to be made of the proposed paving district and shall obtain estimates of the cost of improving and paving the streets and roadways which it is proposed to improve and pave in the district and, from such estimates, shall determine the approximate cost of such paving. The estimates and plat shall be filed with the governing body of the county.
(3) Within thirty days after the filing of the petition with the governing body of the county, the governing body shall hold a meeting to consider the petition, and if the governing body shall, in its judgment, determine that the public interest would be promoted by the paving of the streets and roadways in the proposed paving district, it shall adopt a resolution approving the petition; or if, in its judgment, it should determine that the public interest would not be promoted by paving such streets and roadways, it shall adopt a resolution disapproving the petition. If the governing body of the county shall disapprove of the petition, the proposed paving district shall not be created.
(4) Upon the adoption by the governing body of the county of a resolution approving the petition, the governing body shall forthwith transmit a certified copy of such resolution to the Governor of the State, who shall thereupon, upon the recommendation of a majority of the legislative delegation of such county, appoint three qualified electors or owners of record of property residing in the proposed paving district, who shall constitute the paving district commission of the district.
(5) Upon the appointment of the three commissioners by the Governor, he shall forthwith file a notice of such appointment with the Secretary of State, and from the time of the filing of such notice such paving district shall be created and shall constitute a body politic and corporate with perpetual succession and shall exercise and enjoy all the rights, privileges and immunities of such and be subject to the rules and regulations herein imposed."
SECTION 543. Section 58-11-260 of the 1976 Code is amended to read:
"Section 58-11-260. If the articles of incorporation of any radio common carrier are revoked by the Secretary of State Department of Commerce, the Public Service Commission shall immediately revoke the certificate of authorization granted to such carrier. Whenever such certificate is revoked for any cause, the appropriate bureau of the Federal Communications Commission shall be promptly notified of such revocation by the Public Service Commission."
SECTION 544. Section 58-15-10 of the 1976 Code is amended to read:
"Section 58-15-10. Three or more persons desiring to form themselves into a corporation for the purpose of building and operating a railroad or for the purpose of carrying on a street railway, steamboat or canal business may file with the Secretary of State Department of Commerce a written declaration and petition, signed by themselves, setting forth:
(1) The names and residences of the declarants;
(2) The name of the proposed corporation;
(3) The place at which it proposes to have its principal place of business;
(4) The general nature of the business it proposes to do, giving in detail all the powers and privileges which it proposes to assume or claim under the provisions of the Constitution and laws of the State and
(a) in case of a railroad corporation, its termini and route and the counties, townships, cities and towns through which the proposed road shall pass; the total length of the road; whether any portion of it has already been constructed and, if so, how much; the motive power proposed to be used, whether steam or electricity; the gauge of the road, whether standard or narrow; whether the proposed road will be altogether within the limits of this State or will be extended into some other state and, if it is proposed that such road shall be constructed to a point without the State, whether the corporation organizing expects to operate the line as an independent corporation or to consolidate with some other established railroad or company; and any other matter which the declarants may deem important,
(b) in case of steamboat companies, the termini of the line; the nature of the proposed equipment and whether it is proposed to operate a passenger or freight line or both,
(c) in case of a street railway, the city or town it proposes to do business in and the motive power and
(d) in the case of a canal company, the termini of the canal proposed to be constructed; the river or rivers, stream or streams or body or bodies of water to be used or connected; and whether the canal is to be used for navigation, hydroelectric power and lighting or water supply, or for any or all such purposes;
(5) The minimum amount of the capital stock upon which the corporation may organize and the maximum amount to which such capital stock may thereafter be increased and the par value thereof and how payable, if subscriptions are to be payable in installments and the date of payment and amount of installments; and
(6) That it is proposed to organize such corporation under the provisions of this chapter, naming it by its title."
SECTION 545. Section 58-15-30 of the 1976 Code is amended to read:
"Section 58-15-30. Any person desiring to oppose the application may appear and oppose it, setting forth such facts as may sustain his reasons for such opposition, by affidavit or otherwise. The Secretary of State Department of Commerce may, on such showing, refuse to grant such charter or may grant it according to his judgment in the matter."
SECTION 546. Section 58-15-40 of the 1976 Code is amended to read:
"Section 58-15-40. Upon the filing of the declaration of the petitioners and the payment of a fee of three dollars for filing and indexing it, the Secretary of State Department of Commerce shall file the declaration under a proper number and index it and shall issue to any two or more of the petitioners a commission constituting them a board of incorporators and authorizing them to open books of subscription to the capital stock of such proposed company, after such public notice, not less than thirty days, as he may require in such commission. Such notice to be published in some newspaper in each of the counties through which the proposed road shall pass and, in the case of steamboat companies, such notice shall be given at the termini only."
SECTION 547. Section 58-15-70 of the 1976 Code is amended to read:
"Section 58-15-70. Upon the completion of the organization of any such corporation, the incorporators shall immediately file in the office of the Secretary of State Department of Commerce a return, under their hands and seals, duly attested, sworn to or acknowledged before some officer qualified to administer an oath, that the requirements of Sections 58-15-10 to 58-15-60 have been complied with, that at least fifty per cent of the capital stock has been subscribed, that at least twenty per cent of the amount subscribed has been paid in or secured and, in the case of a railroad company, that at least five hundred dollars per mile has been subscribed and at least twenty per cent of the amount subscribed has been paid or secured. In the event that a survey of the proposed route of a railroad company shall have been made a copy of the profile map of such route shall be filed with such return and in case no survey shall have been made the return shall aver an intention to file such map within one year from the date of such return. Such return shall further show the names and residences of the subscribers, the amount subscribed by each and the names and residences of the members of the board of directors, the president and the secretary of the company."
SECTION 548. Section 58-15-80 of the 1976 Code is amended to read:
"Section 58-15-80. Should no return as herein provided be made to the Secretary of State Department of Commerce within twelve months from the granting of the incorporators' commission, all proceedings hereunder shall be void and the incorporators shall be deemed to have waived all rights acquired under their declaration and such commission."
SECTION 549. Section 58-15-90 of the 1976 Code is amended to read:
"Section 58-15-90. Upon the filing of the return and the payment of charter fees required by Chapter 29 of Title 33 the Secretary of State Department of Commerce shall issue to the board of directors a certificate, to be known as a charter, that the corporation has been fully organized, according to the laws of this State under the name and for the purpose indicated in the written declaration; that it is fully authorized to commence business under its charter; that it is a body politic and corporate and as such may sue and be sued in any of the courts of this State; and, in the case of a railroad corporation, that it is entitled to all the rights and privileges and subject to all the liabilities of railroad corporations under the laws of this State."
SECTION 550. Section 58-15-100 of the 1976 Code is amended to read:
"Section 58-15-100. The charter of any such corporation shall be recorded in the office of the register of mesne conveyances or clerk of the court in each county in which such corporation shall have a business office. In case of street railway and steamboat companies, such charter shall be recorded in the office of the register of mesne conveyances or clerk of the court of the county in which their respective termini shall be or in which such street railway may be. The declaration, commission, corporators' return and charter shall be filed or recorded by the Secretary of State Department of Commerce and properly indexed in books kept by him for that purpose as required by law with respect to the organization of business corporations."
SECTION 551. Section 58-15-120 of the 1976 Code is amended to read:
"Section 58-15-120. Upon the issuance of a charter by the Secretary of State Department of Commerce, the board of incorporators shall turn over to the proper officers of the corporation all subscription lists or other papers they have taken as incorporators and all such papers shall be as valid as if taken and made by the corporation."
SECTION 552. Section 58-15-130 of the 1976 Code is amended to read:
"Section 58-15-130. A railroad, street railway or canal company organized under this chapter shall be deemed to have waived its charter rights, franchises and privileges unless it shall begin the construction of the proposed road within two years from the date of the issuance of its charter and complete it within a period to be fixed by the Secretary of State Department of Commerce in his certificate of incorporation, which shall in no case exceed fifteen years. A steamboat company organized under this chapter shall commence operating its line within two years from the date of issuance of its charter or its charter rights shall be deemed forfeited."
SECTION 553. Section 58-15-160 of the 1976 Code is amended to read:
"Section 58-15-160. Any corporation organized under the provisions of this article or chartered by the General Assembly prior to February 28, 1899 may have its charter amended by the Secretary of State Department of Commerce, by filing with the Secretary of State Department of Commerce a written declaration showing the desired changes in its charter and paying a fee of five dollars to cover the issuance, filing and indexing of the amended charter. After such notice as the Secretary of State Department of Commerce may prescribe, upon a proper showing being made, the Secretary of State Department of Commerce shall issue to any such corporation a certificate as a supplement to its charter, which shall be recorded and filed as charters are required to be under Section 58-15-100 and shall embody the changes, additions or alterations sought."
SECTION 554. Section 58-15-170 of the 1976 Code is amended to read:
"Section 58-15-170. Any railroad, steamboat, street railway or canal company in this State desiring to increase or decrease its capital stock, have its name changed or have its charter otherwise amended shall call a stockholders' meeting, giving at least thirty days' notice of the time, place and purpose of the meeting, and, if a majority of the stock of the corporation be present in person or by proxy, a resolution embodying the proposed changes, alterations or amendments be adopted, such resolution shall be attached to the petition filed with the Secretary of State Department of Commerce under the provisions of Section 58-15-160."
SECTION 555. Section 58-15-200 of the 1976 Code is amended to read:
"Section 58-15-200. All fees collected by the Secretary of State Department of Commerce in accordance with the provisions of this article shall be paid into the State Treasury."
SECTION 556. Section 58-17-340 of the 1976 Code is amended to read:
"Section 58-17-340. In case of the sale of any railroad situated wholly or partly within this State, by virtue of any mortgage or deed of trust, whether under foreclosure or other judicial proceeding or pursuant to any power contained in such mortgage or deed of trust, the purchaser thereof or his survivor representatives or assigns may, together with his associates, if any, form a corporation for the purpose of owning, possessing, maintaining and operating such railroad, or such portion thereof as may be situated within this State, by filing in the office of the Secretary of State Department of Commerce a certificate specifying the name and style of such corporation, the number of its directors, the names of its directors and the period of their services, not exceeding one year, the amount of the capital stock of such corporation and the number of shares into which it is to be divided.
But nothing herein contained shall be construed to authorize in any manner the purchase or lease of such railroad by any railroad corporation or steamship company chartered either by this or any other state except as herein provided."
SECTION 557. Section 58-17-430 of the 1976 Code is amended to read:
"Section 58-17-430. A copy of such certificate, attested by the Secretary of State Department of Commerce or his deputy, shall, in all courts and places, be evidence of the due organization and existence of such corporation and of the matters specified in such certificate."
SECTION 558. Section 58-17-620 of the 1976 Code, as last amended by Act 479 of 1994, is further amended to read:
"Section 58-17-620. Any consolidation of railroad companies must be made under the conditions, provisions, and restrictions and with the powers in this article mentioned and contained, that is to say:
(1) The directors of the several corporations proposing to consolidate may enter into a joint agreement, under the corporate seal of each company, for the consolidation of such companies and railroads and prescribing the terms and conditions of them, the mode of carrying it into effect, the name of the new corporation, the number and names of the directors and other officers of it who shall be the first directors and officers and their places of residence, the number of shares of the capital stock, the amount of par value of each share, the manner of converting the capital stock of each of the companies into that of the new corporation and how and when directors and officers must be chosen, with such other details as they shall consider necessary to perfect such new organization and the consolidation of such companies;
(2) Such agreement must be submitted to the stockholders of each of the companies at a meeting thereof, called separately, for the purpose of taking it into consideration; due notice of the time and place of holding such meeting and the object of it must be given by a general notice published in some newspaper in the city, town, or county in which the company has its principal office or place of business; at the meeting of stockholders the agreement of the directors must be considered and a vote, by ballot, taken for the adoption or rejection of it, each share entitling the holder of it to one vote; the ballots must be cast in person or by proxy; if a majority of all the votes of all the stockholders are for the adoption of the agreement that fact must be certified thereon by the secretary of the respective companies, under the seal of it; and the agreement so adopted, or a certified copy of it, must be filed in the office of the Secretary of State Governor, and must from thence be deemed and taken to be the agreement and the act of consolidation of the companies and a copy of the agreement and act of consolidation, duly certified by the Secretary of State Governor under the seal of it, must be evidence of the existence of such new corporation."
SECTION 559. Section 58-17-630 of the 1976 Code is amended to read:
"Section 58-17-630. Upon the consolidation of any railroad company there shall be paid to the Secretary of State Department of Commerce a fee upon the capital stock of the combined company as in the organization of a new company; provided, that credit shall be given thereon for any charter fees paid by companies forming the consolidated company."
SECTION 560. Section 58-17-660 of the 1976 Code is amended to read:
"Section 58-17-660. Upon the making and perfecting the agreement and act of consolidation, as provided in Section 58-17-620, and filing it, or a copy, with the Secretary of State Governor as aforesaid, the several corporations parties thereto shall be deemed and taken to be one corporation by the name provided in such agreement and act, possessing within this State all the rights, privileges and franchises and subject to all the restrictions, disabilities and duties of each of such corporations so consolidated."
SECTION 561. Section 58-31-20 of the 1976 Code is amended to read:
"Section 58-31-20. Such Public Service Authority shall consist of a board of eleven directors to be appointed by the Governor with the advice and consent of the Senate as follows: One from each congressional district of the State; one from each of the counties of Horry, Berkeley and Georgetown and two shall be from the State at large, one of whom shall be chairman and the other of whom shall have had experience with the operations of rural electric cooperatives. Each director shall serve for a term of seven years and until his successor is appointed and qualifies, except that the present directors, including the chairman, shall serve until their terms of office expire and the directors first appointed from Horry, Berkeley and Georgetown Counties shall be appointed for terms of five, six and seven years respectively as determined by lot, such terms to commence May 19, 1974. At the expiration of the term of each director and of each succeeding director the Governor shall appoint with the advice and consent of the Senate a successor, who shall hold office for a term of seven years, or until his successor has been appointed and qualified. In the event of a vacancy occurring in the office of a director by death, resignation or otherwise, the Governor shall appoint his successor, only with the advice and consent of the Senate and he shall hold office for the unexpired term. No director shall receive a salary for services as director until the Authority is in funds, but each director shall be paid his actual expense in the performance of his duties hereunder, the same to be advanced from the contingent fund of the Governor until such time as the Public Service Authority is in funds, at which time the contingent fund shall be reimbursed. After the Public Service Authority is in funds, the compensation and expenses of each member of the board shall be paid from such funds, and the same shall be fixed by the advisory board hereinafter established. Members of the board of directors may be removed for cause by the advisory board or a majority thereof. No member of the General Assembly of the State of South Carolina shall be eligible for appointment as director of the Public Service Authority during the term of his office. Not more than two members from the same county shall serve as directors at any time.
For the assistance of the board of directors of said Public Service Authority, there is hereby established an advisory board to be known as the advisory board of the South Carolina Public Service Authority, to be composed of the Governor of the State, the Attorney General, the State Treasurer, and the Comptroller General and the Secretary of State, as ex officio members, who shall serve without extra compensation other than necessary traveling expenses. Said advisory board shall perform any duties imposed on them under this chapter, and shall consult and advise with the board of directors on any and all matters which by the board of directors may be referred to the advisory board. The board of directors shall make annual reports to the advisory board, which reports shall be submitted to the General Assembly by the Governor, in which full information as to all of the acts of said board of directors shall be given, together with financial statement and full information as to the work of the Authority. The advisory board shall on July first of each year, designate some reputable certified public accountant or accountants, resident in the State for the purpose of making a complete audit of the affairs of said Authority, which said audit shall be filed with the annual report of the board of directors."
SECTION 562. Section 58-31-50 of the 1976 Code, as last amended by Act 173 of 1987, is further amended to read:
"Section 58-31-50. The Public Service Authority may acquire by purchase, gift, condemnation, or in any other manner, any lands, waters, water rights, riparian rights, flowage rights, easements, licenses, franchises, engineering data, construction plans, or estimates prepared for the development of the Cooper River and Santee River or any other real or personal property necessary or useful in carrying out any of its purposes or exercising any of its powers; but before the board of directors may acquire and pay for, without condemnation any plans, specifications, franchises, or any kind of property, belonging to or to belong to any private corporation previously chartered by this State or any other state for the purpose of developing the Santee-Cooper project, a full report of the proposed purchase must be submitted in writing to the advisory board, which shall order a public hearing on the proposed purchase and due notice of the hearing must be given by advertisement to be published in at least three daily papers published in the State twice each week for two consecutive weeks. The advisory board shall carefully investigate the proposed purchase, and shall file its report in writing with the Secretary of State Governor and the board of directors of the Public Service Authority. If the report recommends a price for the proposed purchase, the board of directors may enter into a contract for the purchase; if the report disapproves the proposed purchase, the board of directors may submit any amended proposed agreement, which must be heard by the advisory board in the same manner, or shall proceed with condemnation; the price to be paid to any private corporation for any of its property is subject to the approval of the original purchaser of the first notes, bonds, or other evidence of indebtedness issued under this chapter. The Public Service Authority shall have the right of eminent domain to carry out the purposes of this chapter."
SECTION 563. Section 58-31-340 of the 1976 Code is amended to read:
"Section 58-31-340. Each of the drawings referred to in Section 58-31-330 must be filed in the place provided by law for recording the real estate records of the county concerned, and a certified copy of each drawing must be filed in the office of the Secretary of State Governor. Certified copies of the drawing must be kept available for examination by the public in the principal office of the Public Service Authority, and must be furnished to the electrical utility or electric cooperative concerned.
Inaccuracies in the drawings discovered after certification and filing must be corrected by preparing revised drawings and approving and filing the revised drawings in the same manner as provided for original drawings.
Nothing contained in Sections 58-31-310 through 58-31-370 may be construed to prevent the Public Service Authority from acquiring, by purchase, the electric facilities, or any part of them, owned by another electrical utility and located in any of the crosshatched areas described in Section 58-31-330. The areas served by facilities purchased by the Public Service Authority shall become a part of the present service area of the Public Service Authority and must be evidenced by revised drawings approved and filed as provided in this section."
SECTION 564. 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 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 Governor, 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."
SECTION 565. 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. The members shall serve terms of four years and until their successors are elected 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 shall immediately transmit the name of the person elected to the Secretary of State Governor 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."
SECTION 566. Section 59-11-30 of the 1976 Code is amended to read:
"Section 59-11-30. Pursuant to Article III (I) of the compact, the Commission shall file a copy of its bylaws and any amendment thereto with the Secretary of State Governor."
SECTION 567. Section 59-13-10 of the 1976 Code is amended to read:
"Section 59-13-10. Except as otherwise expressly provided, there shall be elected by the qualified electors of the county a county superintendent of education for each county, who shall, except as otherwise expressly provided, hold his office for a term of four years and until his successor is elected and qualified. He shall, before being commissioned and entering upon the duties of his office, give bond to the State for the use of the county in which he is elected, for educational purposes, in the penal sum of one thousand dollars, except as otherwise provided, with good and sufficient sureties, to be approved by the governing body of the county, conditioned for the faithful and impartial discharge of the duties of his office, and he shall take and subscribe the oath of office prescribed in Section 26, article III of the Constitution of this State, which he shall file in the office of the Secretary of State Governor. When commissioned he shall immediately enter upon the discharge of his duties. His failure to qualify within thirty days after notice of his election shall create a vacancy."
SECTION 568. Section 59-27-30 of the 1976 Code is amended to read:
"Section 59-27-30. True copies of all contracts made on behalf of this State pursuant to the agreement shall be kept on file in the office of the State Superintendent of Education and in the office of the Secretary of State Governor."
SECTION 569. Section 59-49-90 of the 1976 Code is amended to read:
"Section 59-49-90. All of the members of the board and the superintendent of the school shall, before entering upon the discharge of their duties, take an oath faithfully to perform any and all duties imposed upon them under this chapter. The superintendent shall execute a bond payable to the State in such sum as shall be required by the board, with sufficient security, which shall be filed in the office of the Secretary of State Governor."
SECTION 570. Section 59-103-120 of the 1976 Code is amended to read:
"Section 59-103-120. One hundred and eighty days from the effective date of this act, the State Commission on Higher Education shall publish a list of the accrediting agency or agencies, which may include itself, approved by it for accreditation of chiropractic colleges or schools doing business in this State. Any chiropractic college or school doing business in this State shall, upon publication of said list of such accrediting agency or agencies, forthwith apply for such accreditation or candidate status and furnish the State Commission on Higher Education documented evidence of such application.
Failure to obtain such accreditation or candidate status within nineteen months after publication of the list of approved agencies shall result in the Commission on Higher Education revoking the status of such college or school as a recognized college or school of chiropractic.
Provided, further, any college of chiropractic applying for a South Carolina charter must furnish the Commission on Higher Education with sufficient evidence that such school will qualify for required accreditation. Upon certification by the Commission on Higher Education to the Secretary of State Governor, the Secretary of State Governor may issue a charter; provided, further, however, that any college now chartered must attain required licensure before one hundred eighty days after the effective date of this act or have its charter revoked upon a finding by the Attorney General that such licensure has not been attained by such date. In addition to other existing criteria, licensure of all chiropractic colleges shall be renewable annually contingent upon supplying semiannual reports as to the progress of accreditation to the Commission on Higher Education and the Commission shall make a determination if such progress is satisfactory."
SECTION 571. Section 59-115-100 of the 1976 Code is amended to read:
"Section 59-115-100. The authority is authorized to fix and collect fees, charges, interest and premiums for making, insuring or guaranteeing student loans, purchasing, endorsing or guaranteeing obligations and any other services performed under this chapter. The authority is further authorized to contract with the United States of America or any agency or officer thereof and with any person, partnership, association, banking institution or other corporation respecting the carrying out of the authority's functions under this chapter. The authority shall at all times endeavor to fix and collect such fees, charges, receipts, premiums and other income so as to have available in the sinking fund at all times an amount which, together with any other funds made available therefor, shall be sufficient to pay the principal of and interest on such bonds as they shall become due and payable and to create reserves for such purposes. Money in the sinking fund, except such part thereof as may be necessary to provide such reserves for the bonds as may be provided for in the resolution authorizing the issuance of such bonds, shall be set aside in the sinking fund at such regular intervals as may be provided in such resolution and is hereby pledged to, and charged with, the payment of the principal of and interest on such bonds as they shall become due and the redemption price or the purchase price of bonds retired by call or purchase as therein provided. Such pledge shall be valid and binding from the time when the pledge is made. The fees, charges, receipts, proceeds and other revenues and moneys so pledged and thereafter received by the authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the authority, irrespective of whether such parties have notice thereof. The resolution by which a pledge is created need not be filed or recorded except that a record of the proceedings covering the issuance of the bonds shall be filed in the office of the Secretary Treasurer of State of South Carolina, as required by Section 11-15-20. The use and disposition of money to the credit of the sinking fund shall be subject to the provisions of the resolution authorizing the issuance of such bonds. Any such resolution may, in the discretion of the authority, provide for the transfer of surplus money in the sinking fund to the credit of the loan fund. Except as may otherwise be provided in such resolution, such sinking fund shall be a fund for all such bonds without distinction or priority."
SECTION 572. Section 59-117-20 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"Section 59-117-20. The regular term of office of each trustee elected by the General Assembly is four years; however, the trustee shall continue to function as a trustee after his term has expired until his successor is elected and qualifies. Trustees from the first, third, fifth, seventh, ninth, eleventh, twelfth, and thirteenth judicial circuits whose terms expire March 31, 1982, must next be elected for terms commencing on April 1, 1982, and those terms expire on June 30, 1986. Trustees from the second, fourth, sixth, eighth, tenth, fourteenth, fifteenth, and sixteenth judicial circuits elected for terms to commence April 1, 1984, shall have their terms extended to June 30, 1988, and must next be elected for terms commencing on July 1, 1988. Thereafter, the General Assembly shall hold elections every two years for the purpose of selecting successors of those trustees whose terms are then expiring. The term of office of an elective trustee commences on the first day of July of the year in which the trustee under this plan is scheduled to be elected and the term continues until the thirtieth day of June of the year in which the term is scheduled to expire. After its 1984 session, the General Assembly shall elect successors to those elective trustees whose terms are expiring not earlier than the first day of April of the year the term expires. In electing members of the board, the General Assembly shall elect members based on merit regardless of race, color, creed, or gender and shall strive to assure that the membership of the board is representative of all citizens of the State of South Carolina.
The term of office of the at-large trustee appointed by the Governor is effective upon certification to by the Secretary of State Governor and is four years. If the Governor, chooses to designate a member to serve in his stead as permitted by Section 59-117-10, the appointment is effective upon certification to by the Secretary of State Governor and shall continue, at the pleasure of the Governor making the appointment, so long as he continues to hold the specified office.
The term of the President of the Greater University of South Carolina Alumni Association is for the active term of office as president."
SECTION 573. Section 59-121-10 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"Section 59-121-10. The board of visitors of The Citadel, the Military College of South Carolina, shall be composed of the Governor, the Adjutant General and the State Superintendent of Education, who shall be members ex officio of the board, and eleven others who shall be graduates of the college, seven of whom are to be elected by joint vote of the General Assembly as hereinafter provided, three of whom are to be elected by such means and methods as may be determined by the Association of Citadel Men or any succeeding organization of Citadel men, the result of election to be certified by the president of the association to the Secretary of State Governor, and one of whom shall be appointed by the Governor. The Governor shall make the appointment based on merit regardless of race or economic status and shall strive to assure that the membership of the board is representative of all citizens of the State of South Carolina."
SECTION 574. Section 59-121-20 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"Section 59-121-20. The regular terms of office of the elected members in office on April 18, 1947, who are still in office shall end on the last day of June in the years stated in the table in Act 108 of the regular session of 1947 (Acts 1947, p. 144). The regular terms of office of the elected members who were not in office on that date and of all members hereafter elected shall be six years; provided, that the third member authorized to be elected by the Association of Citadel Men shall serve an initial term of four years. All elected terms shall begin on the first day of July and end on the last day of June; provided, however, that each incumbent shall be entitled to hold office until his successor is duly elected. In electing members of the board, the General Assembly shall elect members based on merit regardless of race or economic status and shall strive to assure that the membership of the board is representative of all citizens of the State of Carolina.
The term of office of the at-large trustee appointed by the Governor shall be effective upon certification to by the Secretary of State Governor and shall be six years."
SECTION 575. Section 59-123-50 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"Section 59-123-50. The present members of the board of trustees shall continue to serve until July 1, 1966, at which time their terms shall terminate and the members of the board to succeed the present members, and to fill the additional membership provided in Section 59-123-40, must be elected at a joint session of the General Assembly on the following dates: On the first Wednesday in February 1966, members representing the medical profession (medical doctor, dentist, registered nurse, or licensed pharmacist) and on the second Wednesday in February 1966, lay members or nonmedical members. One member of the medical profession from each congressional district and one layman or member of a nonmedical profession from each congressional district must be elected. The terms of all members elected commence on July 1, 1966. Of those first elected, the member who represents the medical profession from the first, second, and third congressional districts and lay members or members of the nonmedical profession from the fourth, fifth, and sixth congressional districts must be elected for terms of four years or until their successors are elected and qualify. The member of the board of trustees who represents the medical profession from the fourth, fifth, and sixth congressional districts and the members who are laymen or members of nonmedical professions from the first, second, and third congressional districts must be elected for terms of two years or until their successors are elected and qualify. Their successors must be elected for terms of four years or until their successors are elected and qualify. After its 1984 session, the General Assembly shall elect successors to those members it elects not earlier than the first day of April for a term to begin the following July first. Elections to fill vacancies on the board which are caused by the death, resignation, or removal of an elective trustee may be held earlier than the first day of April of the year in which the unexpired term terminates, but the term of the person elected to succeed the member expires on the last day of June of the year in which the term of the former member would have expired. In electing members of the board, the General Assembly shall elect members based on merit regardless of race, color, creed, or gender and shall strive to assure that the membership of the board is representative of all citizens of the State of South Carolina.
The term of the at-large trustee appointed by the Governor is effective upon certification to by the Secretary of State Governor and is four years. Any vacancy in the office of the member appointed by the Governor must be filled by appointment for the unexpired term in the same manner of original appointment. If the Governor chooses to designate a member to serve in his stead, as permitted by Section 59-123-40, the appointment is effective upon certification to by the Secretary of State Governor and shall continue, at the pleasure of the Governor making the appointment, so long as he continues to hold the specified office."
SECTION 576. Section 59-125-30 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"Section 59-125-30. The regular term of office of the elective members of the board of trustees is six years with the members first elected being elected two for two years, two for four years, and three for six years. In electing members of the board, the General Assembly shall elect members based on merit regardless of race, color, creed, or gender and shall strive to assure that the membership of the board is representative of all citizens of the State of South Carolina. The General Assembly shall hold elections every even-numbered year to fill vacancies as they occur in the board by the expiration of terms of office. The present elective members of the board of trustees shall continue to serve until the thirtieth day of June of the year in which their terms are scheduled to expire. After its 1984 session, the General Assembly shall elect successors to those trustees whose terms are expiring not earlier than the first day of April for a term to begin the following July first. Elections to fill vacancies which are caused by the death, resignation, or removal of an elective trustee may be held earlier than the first day of April of the year in which the unexpired term terminates, but the term of the person elected to fill the vacancy expires on the last day of June of the year in which the term of the former member would have expired. When there is a vacancy otherwise occurring in the board of trustees among the elected members, the Governor may fill it by appointment until the next session of the General Assembly. The successors to the two present members who are graduates of Winthrop College appointed by the Winthrop College Alumnae Association or its successors must be elected by the members of the Winthrop College Alumnae Association at its annual meeting held at Winthrop College during commencement week in 1958 and they shall serve for a term of four years and their successors must be elected at the similar annual meeting every four years thereafter. The names of the two so elected must be certified to the Secretary of State Governor by the president and secretary of the association and they shall take office immediately after the certification. The term of the at-large trustee appointed by the Governor is effective upon certification to the Secretary of State Governor and is six years. Any vacancy in the office of the member appointed by the Governor must be filled by appointment of the Governor for the unexpired term in the same manner of original appointment."
SECTION 577. Section 59-125-50 of the 1976 Code is amended to read:
"Section 59-125-50. The Secretary of State Governor shall furnish a certificate to each trustee within ten days after his election notifying him that he has been so elected and if any trustee fail for the space of thirty days to inform the Governor of his acceptance then his election shall be void and his place shall be filled as heretofore provided in cases of vacancy."
SECTION 578. Section 59-130-10 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"Section 59-130-10. The board of trustees for the College of Charleston is composed of the Governor of the State or his designee, who is an ex officio of the board, and sixteen members, with fifteen of these members to be elected by the General Assembly and one member to be appointed from the State at large by the Governor. The General Assembly shall elect and the Governor shall appoint these members based on merit regardless of race, color, creed, or gender and shall strive to assure that the membership of the board is representative of all citizens of this State.
Of the fifteen members to be elected, two members must be elected from each congressional district and the remaining three members must be elected by the General Assembly from the State at large.
The term of office of the at-large trustee appointed by the Governor is effective upon certification to by the Secretary of State Governor and is coterminous with the term of the Governor appointing him. He shall serve after his term has expired until his successor is appointed and qualifies.
Each position on the board constitutes a separate office and the seats on the board are numbered consecutively as follows: for the First Congressional District, Seats One and Two; for the Second Congressional District, Seats Three and Four; for the Third Congressional District, Seats Five and Six; for the Fourth Congressional District, Seats Seven and Eight; for the Fifth Congressional District, Seats Nine and Ten; for the Sixth Congressional District, Seats Eleven and Twelve; for the at-large positions elected by the General Assembly, Seats Thirteen, Fourteen, and Fifteen. The member appointed by the Governor shall occupy Seat Sixteen.
Any person who, as of July 1, 1988, is serving as president of the State College Board of Trustees or is serving on the Planning Committee for the College of Charleston within the State College Board of Trustees has the option of serving as a trustee on the board of trustees for the College of Charleston for an appropriate two-year term expiring June 30, 1990. Such option must be exercised on the first day of the filing period. If two such members file for the same seat, the General Assembly shall elect the board member from those so filing.
Effective July 1, 1988, the even-numbered seats of those members elected by the General Assembly must be filled for four-year terms expiring June 30, 1992. The remaining elective odd-numbered seats on the board must be filled for two-year terms beginning July 1, 1988, and expiring June 30, 1990. The trustees for the odd-numbered seats must then be elected for four-year terms beginning July 1, 1990, and expiring June 30, 1994. The General Assembly shall hold elections every two years to select successors of the trustees whose four-year terms are then expiring. Except as otherwise provided in this chapter, no election may be held before April first of the year in which the successor's term is to commence. The term of office of an elective trustee commences on the first day of July of the year in which the trustee is elected.
If an elective office becomes vacant, the Governor may fill it by appointment until the next session of the General Assembly. The General Assembly shall hold an election at any time during the session to fill the vacancy for the unexpired portion of the term. A vacancy occurring in the appointed office on the board must be filled for the remainder of the unexpired term by appointment in the same manner of the original appointment."
SECTION 579. Section 59-133-10 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"Section 59-133-10. The board of trustees for Francis Marion College is composed of the Governor of the State or his designee, who is an ex officio of the board, and sixteen members, with fifteen of these members to be elected by the General Assembly and one member to be appointed from the State at large by the Governor. The General Assembly shall elect and the Governor shall appoint these members based on merit regardless of race, color, creed, or gender and shall strive to assure that the membership of the board is representative of all citizens of this State.
Of the fifteen members to be elected, two members must be elected from each congressional district and the remaining three members must be elected by the General Assembly from the State at large.
The term of office of the at-large trustee appointed by the Governor is effective upon certification to by the Secretary of State Governor and is coterminous with the term of the Governor appointing him. He shall serve after his term has expired until his successor is appointed and qualifies.
Each position on the board constitutes a separate office and the seats on the board are numbered consecutively as follows: for the First Congressional District, Seats One and Two; for the Second Congressional District, Seats Three and Four; for the Third Congressional District, Seats Five and Six; for the Fourth Congressional District, Seats Seven and Eight; for the Fifth Congressional District, Seats Nine and Ten; for the Sixth Congressional District, Seats Eleven and Twelve; for the at-large positions elected by the General Assembly, Seats Thirteen, Fourteen, and Fifteen. The member appointed by the Governor shall occupy Seat Sixteen.
Any person who, as of July 1, 1988, is serving as president of the State College Board of Trustees or is serving on the Planning Committee for Francis Marion College within the State College Board of Trustees has the option of serving as a trustee on the board of trustees for Francis Marion College for an appropriate two-year term expiring June 30, 1990. Such option must be exercised on the first day of the filing period. If two such members file for the same seat, the General Assembly shall elect the board member from those so filing.
Effective July 1, 1988, the even-numbered seats of those members elected by the General Assembly must be filled for four-year terms expiring June 30, 1992. The remaining elective odd-numbered seats on the board must be filled for two-year terms beginning July 1, 1988, and expiring June 30, 1990. The trustees for the odd-numbered seats must then be elected for four-year terms beginning July 1, 1990, and expiring June 30, 1994. The General Assembly shall hold elections every two years to select successors of the trustees whose four-year terms are then expiring. Except as otherwise provided in this chapter, no election may be held before April first of the year in which the successor's term is to commence. The term of office of an elective trustee commences on the first day of July of the year in which the trustee is elected.
If an elective office becomes vacant, the Governor may fill it by appointment until the next session of the General Assembly. The General Assembly shall hold an election at any time during the session to fill the vacancy for the unexpired portion of the term. A vacancy occurring in the appointed office on the board must be filled for the remainder of the unexpired term by appointment in the same manner of the original appointment."
SECTION 580. Section 59-135-10 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"Section 59-135-10. The board of trustees for Lander College is composed of the Governor of the State or his designee, who is an ex officio of the board, and sixteen members, with fifteen of these members to be elected by the General Assembly and one member to be appointed from the State at large by the Governor. The General Assembly shall elect and the Governor shall appoint these members based on merit regardless of race, color, creed, or gender and shall strive to assure that the membership of the board is representative of all citizens of this State.
Of the fifteen members to be elected, two members must be elected from each congressional district and the remaining three members must be elected by the General Assembly from the State at large.
The term of office of the at-large trustee appointed by the Governor is effective upon certification to by the Secretary of State Governor and is coterminous with the term of the Governor appointing him. He shall serve after his term has expired until his successor is appointed and qualifies.
Each position on the board constitutes a separate office and the seats on the board are numbered consecutively as follows: for the First Congressional District, Seats One and Two; for the Second Congressional District, Seats Three and Four; for the Third Congressional District, Seats Five and Six; for the Fourth Congressional District, Seats Seven and Eight; for the Fifth Congressional District, Seats Nine and Ten; for the Sixth Congressional District, Seats Eleven and Twelve; for the at-large positions elected by the General Assembly, Seats Thirteen, Fourteen, and Fifteen. The member appointed by the Governor shall occupy Seat Sixteen.
Any person who, as of July 1, 1988, is serving as president of the State College Board of Trustees or is serving on the Planning Committee for Lander College within the State College Board of Trustees has the option of serving as a trustee on the board of trustees for Lander College for an appropriate two-year term expiring June 30, 1990. Such option must be exercised on the first day of the filing period. If two such members file for the same seat, the General Assembly shall elect the board member from those so filing.
Effective July 1, 1988, the even-numbered seats of those members elected by the General Assembly must be filled for four-year terms expiring June 30, 1992. The remaining elective odd-numbered seats on the board must be filled for two-year terms beginning July 1, 1988, and expiring June 30, 1990. The trustees for the odd-numbered seats must then be elected for four-year terms beginning July 1, 1990, and expiring June 30, 1994. The General Assembly shall hold elections every two years to select successors of the trustees whose four-year terms are then expiring. Except as otherwise provided in this chapter, no election may be held before April first of the year in which the successor's term is to commence. The term of office of an elective trustee commences on the first day of July of the year in which the trustee is elected.
If an elective office becomes vacant, the Governor may fill it by appointment until the next session of the General Assembly. The General Assembly shall hold an election at any time during the session to fill the vacancy for the unexpired portion of the term. A vacancy occurring in the appointed office on the board must be filled for the remainder of the unexpired term by appointment in the same manner of the original appointment."
SECTION 581. Section 59-136-110 of the 1976 Code, as added by Act 69 of 1993, is amended to read:
"Section 59-136-110. The board of trustees for Coastal Carolina University is composed of the Governor of the State or his designee, who is an ex officio member of the board, and sixteen members, with fifteen of these members to be elected by the General Assembly and one member to be appointed from the State at large by the Governor. The General Assembly shall elect and the Governor shall appoint these members based on merit regardless of race, color, creed, or gender and shall strive to assure that the membership of the board is representative of all citizens of this State.
Of the fifteen members to be elected by the General Assembly, two members must be elected from each congressional district and the remaining three members must be elected from the State at large.
The term of office of the at-large trustee appointed by the Governor is effective upon certification to by the Secretary of State Governor and is coterminous with the term of the Governor appointing him.
Each position on the board constitutes a separate office and the seats on the board are numbered consecutively as follows: for the First Congressional District, Seats One and Two; for the Second Congressional District, Seats Three and Four; for the Third Congressional District, Seats Five and Six; for the Fourth Congressional District, Seats Seven and Eight; for the Fifth Congressional District, Seats Nine and Ten; for the Sixth Congressional District, Seats Eleven and Twelve; for the at-large positions elected by the General Assembly, Seats Thirteen, Fourteen, and Fifteen. The member appointed by the Governor shall occupy Seat Sixteen.
The General Assembly shall elect those members of the board of trustees it elects during its 1993 Session. Members initially elected from Seats One, Three, Five, Seven, Nine, Eleven, Thirteen, and Fifteen shall be elected for two-year terms and members initially elected from Seats Two, Four, Six, Eight, Ten, Twelve, and Fourteen shall be elected for four-year terms. Thereafter, their successors shall each be elected for four-year terms.
The General Assembly shall hold elections every two years to select successors of the trustees whose terms are expiring in that year. Except as otherwise provided in this chapter, no election may be held before April first of the year in which the successor's term is to commence. The term of office of an elective trustee commences on the first day of July of the year in which the trustee is elected and all members shall serve until their successors are elected or appointed and qualify.
If an elective office becomes vacant, the Governor may fill it by appointment until the next session of the General Assembly. The General Assembly shall hold an election at any time during the session to fill the vacancy for the unexpired portion of the term. A vacancy occurring in the appointed office on the board must be filled for the remainder of the unexpired term by appointment in the same manner of the original appointment."
SECTION 582. Section 61-3-220 of the 1976 Code, as last amended by Section 1583, Act 181 of 1993, is further amended to read:
"Section 61-3-220. The division may employ such inspectors or 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 or agents shall be fixed by the division and shall be payable as an expense of the administration 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 division 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 or agent 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 division, 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 Governor."
SECTION 583. Section 61-5-170 of the 1976 Code, as last amended by Section 1584, Act 181 of 1993, is further amended to read:
"Section 61-5-170. In addition to the provisions of Section 61-5-85, the department may issue a temporary permit to allow the possession, sale, and consumption of alcoholic liquor and beverages. This permit is valid for a period not to exceed twenty-four hours, and may be issued only to bona fide nonprofit organizations that have been in existence and operating for at least twelve months prior to the date of application, to nonprofit educational foundations, and to political parties and their affiliates duly certified by the Secretary of State Attorney General. The department shall charge a nonrefundable filing fee of thirty-five dollars for processing each application. The department in its sole discretion shall specify the terms and conditions of the permit."
SECTION 584. Section 61-9-1240 of the 1976 Code, as last amended by Section 1586, Act 181 of 1993, is further amended to read:
"Section 61-9-1240. The department and the division shall make rules and regulations for the operation of breweries and commercial wineries authorized under this article. Such rules and regulations after they are reduced to writing, filed with the Secretary of State pursuant to the Administrative Procedures Act (Chapter 23, Title 1) as required by law and mailed or otherwise delivered to a person operating a brewery or winery shall have the force and effect of law and upon violation of any such rules and regulations the license or permit provided for herein shall be forthwith canceled and become null and void."
SECTION 585. Section 61-11-260 of the 1976 Code is amended to read:
"Section 61-11-260. Any person manufacturing any alcohol under the provisions of this article shall, while such alcohol remains in this State, store and keep it in a general United States bonded warehouse or in another warehouse and file with the Secretary of State Department of Revenue and Taxation a declaration setting forth the exact location, description and dimension of each and every such warehouse used and to be used for such purpose. It shall be unlawful to store or keep any alcohol manufactured under the provisions of this article in any other place than such as may be described in the declaration above provided for."
SECTION 586. Section 62-5-620 of the 1976 Code is amended to read:
"Section 62-5-620. The Administrator or his successor is and shall be a party in interest (a) in any proceeding brought under any law of this State for the appointment, confirmation, recognition, or removal of any guardian of a minor, or of a mentally incompetent person, to whom or on whose behalf benefits have been paid or are payable by the Veterans' Administration, its predecessor or successor, (b) in any guardianship proceeding involving such person or his estate, (c) in any suit or other proceeding arising out of the administration of such person's estate or assets and (d) in any proceeding the purpose of which is the removal of the disability of minority or of mental incompetency of such person. In any case or proceeding involving property or funds of such minor or mentally incompetent person not derived from the Veterans' Administration, the Veterans' Administration shall not be a necessary party but may be a proper party to such proceedings. This section shall not apply unless the Veterans' Administration shall designate in writing filed with the Secretary of State Attorney General, its chief attorney, acting chief attorney or other agent within this State as a person authorized to accept service of process or upon whom process may be served."
SECTION 587. (A) Where the provisions of this act transfer the Office of the Secretary of State to another state agency, department, division, or entity or make them a part of another department or division (receiving departments), the employees, authorized appropriations, bonded indebtedness if applicable, and real and personal property of the Office of the Secretary of State are also transferred to and become part of the receiving department or division unless otherwise specifically provided. All classified or unclassified personnel of the Office of the Secretary of State or position employed by the Office of the Secretary of State on the effective date of this act, either by contract or by employment at will, shall become employees of the receiving department or division, with the same compensation, classification, and grade level, as applicable. The Budget and Control Board shall cause all necessary actions to be taken to accomplish this transfer and shall prescribe, in consultation with the Secretary of State and receiving agencies, the manner in which the transfer provided for in this section must be accomplished. The boards' action in facilitating the provisions of this section are ministerial in nature and may not be construed as an approval process over any of the transfers.
(B) Where the Office of the Secretary of State is transferred to or consolidated with another agency, department, division, entity or official, regulations promulgated by the Office of the Secretary of State under the authority of former provisions of law pertaining to it are continued and are considered to be promulgated under the authority of present provisions of law pertaining to it.
(C) References to the names of agencies, departments, entities, or public officials changed by this act, to their duties or functions devolved pursuant to the provisions of this act upon other agencies, departments, entities, or officials, or to provisions of law consolidated with or transferred to other parts of the 1976 Code are considered to be and must be construed to mean appropriate references.
(D) Employees or personnel of the Office of the Secretary of State, or sections, divisions, or portions of it, transferred to or made a part of another agency, department, division, or official pursuant to the terms of this act shall continue to occupy the same office locations and facilities which they now occupy unless or until otherwise changed by appropriate action and authorization. The rent and physical plant operating costs of these offices and facilities, if any, shall continue to be paid by the Office of the Secretary of State until otherwise provided by the General Assembly. The records and files of the agencies which formerly employed these personnel shall continue to remain the property of these transferring agencies, except that these personnel shall have complete access to these records and files in the performance of their duties as new employees of the receiving agency.
(E) Unless otherwise provided for in this act or by other provisions of law, all fines, fees, forfeitures, or revenues imposed or levied by the Office of the Secretary of State transferred pursuant to the provisions of this act to other agencies or departments must continue to be used and expended for those purposes provided prior to the effective date of this act. If a portion of these fines, fees, forfeitures, or revenues were required to be used for the support, benefit, or expense of personnel transferred, those funds must continue to be used for these purposes.
(F) The Budget and Control Board, in consultation with the appropriate standing committees of the General Assembly as designated by the President Pro Tempore of the Senate and the Speaker of the House of Representatives and the other affected agencies, shall prescribe the manner in which the provisions of subsections (A), (D), and (E) must be implemented where agreement between the affected agencies cannot be obtained.
(G) The Budget and Control Board shall provide for a consolidated employee employment application process to be used by all state agencies or departments including those affected by the provisions of this act.
(H) Where the functions of the Office of the Secretary of State have been devolved on more than one department or departmental division, the general support services of the Office of the Secretary of State must be transferred to the restructured departments or departmental divisions as provided by the General Assembly in the annual general appropriations act.
(I) The Code Commissioner shall make changes to the 1976 Code as contained in this act to be printed in replacement volumes or in cumulative supplements as he considers practical and economical.
SECTION 588. Notwithstanding any permanent or temporary provision of law, any enactment, or portion of it, of the General Assembly in 1996 in conflict with any provision of this act is suspended as to its force and effect until March 1, 1996. Where there is no conflict the provisions of any other enactments shall supersede the provisions of this act. For the purposes of this section, 'conflict' does not include:
(1) where provisions of the Code of Laws of 1976, as amended, are repeated in this act so as to incorporate only changes in the names of agencies, divisions, or departments, except so far as such change in name conflicts with another enactment or a portion of another enactment, or
(2) where provisions of the Code of Laws of 1976, as amended, are repeated in this act so as to incorporate only changes in the governance or structure of an agency, division, or department except so far as the governance or structure is in conflict with another enactment or some portion of another enactment.
SECTION 589. (A) The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded on it, or alter, discharge, release, or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision expressly provides it. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws. Any department to which are transferred the powers, duties, and functions of any agency relating to the pending proceeding must be substituted as a party in interest.
(B) Any statute enacted and any rule or regulation made in respect to any agency or function transferred to, or consolidated, coordinated, or combined with any other agency or function under the provisions of this act before the effective date of the transfer, consolidation, coordination, or combination, except to the extent repealed, modified, superseded, or made inapplicable by or under the authority of law, shall have the same effect as if the transfer, consolidation, coordination, or combination had not been made. But when any such statute, rule, or regulation has vested functions in the agency from which the transfer is made under the act, the functions, insofar as they are to be exercised after the transfer, must be considered as vested in the agency to which the transfer is made under the act.
(C) No suit, action, or other proceeding lawfully commenced by or against any agency or officer of the State in its or his official capacity or in relation to the discharge of its or his official duties shall abate by reason of the taking effect of this act but the court may allow, on motion or supplemental complaint filed at any time within twelve months after this act takes effect, showing a necessity for a survival of such suit, action, or other proceeding to obtain an adjudication of the questions involved, the same to be maintained by or against the successor of the agency or officer under the act or, if there be no such successor, against such agency or officer as the Governor shall designate.
SECTION 590. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly by this act declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word of it, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words of this act may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 591. Sections 1-5-10, 1-5-20, 8-21-110, 12-4-40, 23-29-50, 23-29-60, 23-29-70, 23-29-80, 30-11-10, 30-11-20, 30-11-30, 30-11-40, 30-11-50, 47-9-260, 47-9-270, 47-9-280, 47-9-310, 47-9-320, 47-9-330, 47-9-340, 47-9-380, 47-9-390, and 47-9-400 of the 1976 Code are repealed.
SECTION 592. This act is effective on the first day of the fourth month following the ratification of the constitutional amendment which abolishes the Office of the Secretary of State, except that Section 3 takes effect on the date after the ratification of the constitutional amendment which abolishes the office of the Secretary of State on which the incumbent Secretary of State resigns his office, or on the expiration date of the term of office for which he was elected, whichever comes first./
Renumber sections to conform.
Amend title to conform.
Rep. D. SMITH explained the amendment.
Rep. SCOTT moved to adjourn debate upon the Bill.
Rep. HARRISON moved to table the motion, which was agreed to.
Rep. KNOTTS raised the Point of Order that the Bill was out of order under Rule 5.13 in that it did not have a fiscal impact statement attached.
The SPEAKER overruled the Point of Order.
Reps. HARRISON, KNOTTS, LIMBAUGH, COTTY, D. SMITH, COOPER, LANFORD, BAILEY, HALLMAN and STUART objected to the Bill.
The following Bill was taken up.
H. 4541 -- Reps. Simrill, Moody-Lawrence and Kirsh: A BILL TO AMEND SECTION 16-17-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL DESTRUCTION OR DESECRATION OF HUMAN REMAINS OR REPOSITORIES AND THE PENALTIES THEREFOR, SO AS TO INCREASE THE MONETARY PENALTIES FOR CERTAIN VIOLATIONS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22708SD.96), which was adopted.
Amend the bill, as and if amended, by adding a new SECTION to be appropriately numbered to read:
/SECTION ____. The 1976 Code is amended by adding:
"Section 16-17-601. It is unlawful for a person wilfully, knowingly, and without proper legal authority to destroy, tear down, or injure a repository for animal remains, an animal graveyard including any markers or gravestones therein or, fencing, plants, trees, or shrubs located upon or around a repository for animal remains or an animal graveyard. To be found guilty of a violation of this section, the repository for animal remains or the animal graveyard must be clearly marked as such, or the person committing the violation must have personal knowledge that the location was a repository for animal remains or an animal graveyard.
Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days or both."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. JENNINGS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
Rep. HASKINS moved that the House recur to the morning hour, which was agreed to.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4657 -- Reps. Haskins, Easterday, Rice, Knotts, Limehouse, Simrill, Cooper, Meacham, Herdklotz, Byrd, Loftis, Stille, Chamblee, Waldrop, Kelley, Vaughn, Law, Allison, Davenport, Wright and Robinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1535 SO AS TO PROVIDE THAT ALL LAW ENFORCEMENT AGENCIES SHALL PROVIDE CRIME VICTIMS WITH A COPY OF THE CRIME INCIDENT REPORT RELATING TO THEIR CASE AND CERTAIN OTHER INFORMATION; TO ADD SECTION 16-3-1537 SO AS TO REQUIRE A CRIMINAL SENTENCING JUDGE TO APPLY AMOUNTS FORFEITED TO THE COURT BY A PERSON PURSUANT TO SECTION 17-15-90 TOWARD THE PAYMENT OF RESTITUTION THE COURT ORDERS THE PERSON TO PAY; TO ADD SECTION 17-1-18 SO AS TO REQUIRE THE STATE SUPREME COURT TO PROMULGATE RULES TO ALLOW AN APPEAL OF CERTAIN COURT ORDERS IF A VICTIM IMPACT STATEMENT WAS NOT CONSIDERED BY THE COURT OR IF A REASONABLE AMOUNT OF RESTITUTION WAS NOT ORDERED; TO ADD SECTION 24-21-490 SO AS TO PROVIDE THAT THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES SHALL COLLECT AND DISTRIBUTE RESTITUTION, THE PROCEDURE FOR COLLECTING AND DISTRIBUTING RESTITUTION, THE MAINTENANCE OF A MINIMUM NUMBER OF RESTITUTION BEDS AND PUBLISHING OF AN ANNUAL REPORT CONCERNING THE STATE'S EFFORTS TO COLLECT RESTITUTION AND OTHER FEES; TO AMEND SECTION 16-3-1110, AS AMENDED, RELATING TO DEFINITIONS CONTAINED IN CERTAIN PROVISIONS REGARDING THE COMPENSATION OF VICTIMS OF CRIME, SO AS TO PROVIDE A DEFINITION OF "RESTITUTION"; AND TO AMEND SECTION 16-3-1530, AS AMENDED, RELATING TO THE RIGHTS OF VICTIMS AND WITNESSES, SO AS TO PROVIDE THE AMOUNT OF RESTITUTION A JUDGE MUST ORDER AN OFFENDER TO PAY.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4712 -- Reps. Seithel, Harrison, Mason, L. Whipper, J. Harris, Sandifer, S. Whipper, Neal, Bailey, Thomas, Whatley, Kinon, Lloyd, Herdklotz, Young-Brickell and J. Young: A BILL TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILL TREATMENT OF ANIMALS, SO AS TO CHANGE CERTAIN OF THESE OFFENSES TO FELONIES AND TO INCREASE PENALTIES.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, Reps. KNOTTS and CROMER, for the minority, submitted an unfavorable report, on:
H. 4884 -- Reps. McElveen and Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1080 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON WHO IS INCARCERATED TO COMMUNICATE TO ANOTHER PERSON HIS INTENT TO COMMIT A CRIME ONCE HE IS RELEASED FROM CUSTODY AND TO PROVIDE PENALTIES.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4959 -- Rep. Martin: A BILL TO AMEND SECTION 16-3-655, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL SEXUAL CONDUCT WITH MINORS, SO AS TO PROVIDE THAT A PERSON IS GUILTY OF CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE IF HE KNOWINGLY ENGAGES IN SEXUAL BATTERY WITH CERTAIN VICTIMS AND REVISE THE AGE OF CERTAIN PERPETRATORS OF THIS CRIME.
Rule 5.12 was waived by a division vote of 44 to 0.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 4765 -- Rep. Wilder: A BILL TO AMEND SECTION 44-53-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEPRESSANTS CLASSIFIED AS SCHEDULE IV CONTROLLED SUBSTANCES, SO AS TO REVISE THE SUBSTANCES COMPRISING THIS CLASSIFICATION; TO AMEND SECTION 44-53-360, RELATING TO DISPENSING OF CONTROLLED SUBSTANCES, SO AS TO CONFORM REFERENCES TO CURRENT LAW AND TO DELETE PROVISIONS RELATING TO LABELING OF CERTAIN DRUG PRODUCTS AND TO REVISE MAXIMUM PERIODS FOR WHICH CONTROLLED SUBSTANCES MAY BE PRESCRIBED; TO AMEND SECTION 44-53-710, AS AMENDED, RELATING TO METHADONE TREATMENT, SO AS TO DELETE REFERENCES TO PROGRAMS LICENSED BY THE DEPARTMENT OF MENTAL HEALTH AND APPROVED BY THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES; TO AMEND SECTION 44-53-720, RELATING TO RESTRICTIONS ON THE USE OF METHADONE, SO AS TO DELETE REFERENCES TO PROGRAMS LICENSED BY THE DEPARTMENT OF MENTAL HEALTH AND APPROVED BY THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES, AND TO AUTHORIZE DISPENSING FOR ANALGESIA; TO AMEND SECTION 44-53-730, RELATING TO RESTRICTIONS ON THE SALE OF METHADONE, SO AS TO REVISE TO WHOM METHADONE MAY BE SOLD OR DISTRIBUTED; AND TO AMEND SECTION 44-53-740, AS AMENDED, RELATING TO THE PROMULGATION OF REGULATIONS, SO AS TO DELETE REFERENCES TO FACILITIES LICENSED BY THE DEPARTMENT OF MENTAL HEALTH AND APPROVED BY THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 4394 -- Reps. Byrd, Harvin, J. Brown, White, Cave, Moody-Lawrence, Clyburn and Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-3-95 SO AS TO PROVIDE THAT AS PART OF ANNUAL IN-SERVICE TRAINING, TEACHERS AND SCHOOL ADMINISTRATORS SHALL RECEIVE INSTRUCTION IN CONFLICT RESOLUTION AND PEER MEDIATION IN THE MANNER THE STATE DEPARTMENT OF EDUCATION SHALL PROVIDE.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 4838 -- Reps. Moody-Lawrence, Kirsh, McMahand, Harvin, L. Whipper, Inabinett, M. Hines, Sheheen, J. Hines, Cobb-Hunter, Neal, Breeland, S. Whipper, White, H. Brown, Meacham, Kennedy, McCraw, Bailey, Allison, Young-Brickell, Clyburn, Lloyd, Cave, T. Brown, Scott, Howard, Byrd, Wells, Lee, Canty, Davenport, Simrill, Walker, Anderson, Tripp, Littlejohn, Delleney and Waldrop: A JOINT RESOLUTION TO INSTRUCT THE DEPARTMENT OF REVENUE AND TAXATION TO DEVELOP A PROCESS THAT ALLOWS A DRIVER WHO COMMITS A TRAFFIC VIOLATION IN ANOTHER STATE TO INFORM THE DEPARTMENT OF THE VIOLATION AND ITS DISPOSITION.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 4012 -- Reps. Townsend, Trotter and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 71 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR THE ISSUANCE OF A SPECIAL LICENSE PLATE FOR FOREST PRODUCT HAULERS; TO AMEND SECTION 56-3-120, RELATING TO EXEMPTIONS FROM REGISTERING AND LICENSING VEHICLES, SO AS TO EXEMPT CERTAIN KNUCKLEBOOM LOADERS FROM REGISTRATION AND LICENSING; TO AMEND SECTION 56-5-4090, AS AMENDED, RELATING TO THE LENGTH OF LOAD ON CERTAIN POLE TRAILERS AND CARRIERS, SO AS TO DELETE RESTRICTIONS TO THE HOURS CERTAIN VEHICLES CAN TRAVEL ON THE STATE'S HIGHWAYS; TO AMEND SECTION 56-5-4630, RELATING TO THE ATTACHMENT OF A LAMP OR FLAG ON LOADS EXTENDING CERTAIN LENGTHS BEYOND THE BED OR BODY OF A MOTOR VEHICLE, SO AS TO REVISE THE DIMENSIONS OF THE FLAG THAT MUST BE ATTACHED TO THE LOAD; AND TO AMEND SECTION 58-23-50, RELATING TO CERTAIN FORMS OF TRANSPORTATION THAT ARE EXEMPTED FROM PUBLIC SERVICE COMMISSION REGULATIONS, SO AS TO EXEMPT THE TRANSPORTATION OF LOGS FROM COMMISSION REGULATION.
Ordered for consideration tomorrow.
Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
S. 571 -- Senator Peeler: A BILL TO AMEND SECTION 12-36-2680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF SALES TAX EXEMPTION CERTIFICATES MAINTAINED ON FILE USED IN MAKING VARIOUS TAX EXEMPT PURCHASES, SO AS TO DELETE THE REQUIREMENT THAT THE PURCHASER SIGN THE INVOICE AND TO MAKE THIS DELETION EFFECTIVE FOR EXEMPT SALES MADE ON OR AFTER JANUARY 1, 1995.
Ordered for consideration tomorrow.
Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, on:
S. 273 -- Senators Richter, Courtney, Rose, O'Dell, Hayes, Elliott, Reese and Giese: A BILL TO AMEND SECTION 12-37-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ASSESSMENT OF PROPERTY TAXES, SO AS TO PROVIDE THAT SURVIVING SPOUSES OF LAW ENFORCEMENT OFFICERS, AS DEFINED IN SECTION 23-6-400(D)(1), KILLED IN THE LINE OF DUTY SHALL RECEIVE THE SAME PROPERTY TAX EXEMPTION AS SURVIVING SPOUSES OF SERVICEMEN KILLED IN THE LINE OF DUTY.
Ordered for consideration tomorrow.
The following Bill was taken up.
H. 4957 -- Reps. Harrell, Wilkins, Townsend, Kelly, Hutson, Limehouse, Cobb-Hunter, Wilder, Jennings, Howard, Stoddard, Lloyd, Knotts, Shissias, Herdklotz, Mason, H. Brown, Loftis, Govan, Neal, Law, Littlejohn, McElveen, Meacham, Cain, Kennedy, Hallman, J. Harris, Carnell, Dantzler, Cotty, Easterday, Walker, Young-Brickell, Klauber, Allison, R. Smith, Sheheen, Wells, Spearman, Stille, Sandifer, Sharpe, P. Harris, Riser, Tucker, Keegan, Stuart, Byrd, Chamblee, Neilson, Baxley, McCraw, Richardson, Koon, Gamble, J. Hines, Wofford, Wright, Vaughn, Keyserling, Jaskwhich, McMahand, Kinon, Askins, Rice, Waldrop, Seithel, M. Hines, Limbaugh, Harrison, Cato, Davenport, Hodges, Lanford, Thomas, Lee, J. Young, Fleming and Witherspoon: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 50 SO AS TO PROVIDE FOR THE ISSUANCE OF "PUBLIC EDUCATION: A GREAT INVESTMENT" LICENSE PLATES, AND TO PROVIDE FOR THE DISBURSEMENT OF THE FEES COLLECTED.
The motion of Rep. HARRELL to reconsider the vote whereby Amendment No. 1 was adopted was taken up and agreed to.
Rep. ROBINSON moved to table the amendment, which was agreed to.
Reps. ROBINSON, LIMBAUGH, D. SMITH, RICE, SIMRILL, HARRELL and WILKINS proposed the following Amendment No. 4 (Doc Name P:\amend\DKA\3705AC.96), which was adopted.
Amend the bill, as and if amended, Section 56-3-7980, SECTION 1, page 1, by striking lines 35 through 37 and inserting:
/license plate is fifty-four dollars, and of this amount, twenty dollars must be placed in a special 'Public Education: A Great Investment Fund' established within and administered by the Department of Education to purchase computers for use in the classroom and thirty-four dollars must be distributed to the school districts where the purchasers of the license plates reside to be used to purchase computers for use in the classroom. The commemorative plate/
Amend title to conform.
Rep. ROBINSON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4810 -- Reps. Martin, Jennings, Kelley, J. Young and Baxley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-13-465 SO AS TO PROVIDE THAT NO UNDERCOVER AGENT UNDER THE AGE OF TWENTY-ONE OF THE DEPARTMENT OF REVENUE AND TAXATION OR ANY OTHER STATE OR LOCAL LAW ENFORCEMENT AGENCY MAY PURCHASE OR ATTEMPT TO PURCHASE BEER, WINE, OR ALCOHOLIC LIQUOR FOR ON OR OFF-PREMISES CONSUMPTION AT AN ESTABLISHMENT LICENSED TO MAKE SUCH SALES UNLESS THE DEPARTMENT OR AGENCY HAS TWO DOCUMENTED INSTANCES THAT THE ESTABLISHMENT HAS VIOLATED PROVISIONS OF LAW PROHIBITING THE SALE OF BEER, WINE, OR ALCOHOLIC LIQUOR TO MINORS, AND TO PROVIDE REMEDIES FOR VIOLATIONS.
Reps. WHATLEY, LIMEHOUSE, FULMER, HALLMAN, McCRAW, S. WHIPPER, PHILLIPS, SIMRILL, KNOTTS and COTTY objected to the Bill.
The following Bill was taken up.
H. 4818 -- Reps. Harrison, Sheheen, Whatley, Tucker, Spearman, Rice, Herdklotz, Seithel, Young-Brickell, Stuart, Wilkins, Knotts, Klauber, Wofford, Fleming, Chamblee, D. Smith, Sandifer, Cain, Riser, Meacham, Cato, Robinson, H. Brown and Wright: A BILL TO AMEND SECTION 20-7-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING A CHILD INTO CUSTODY FOR VIOLATING THE LAW, SO AS TO INCLUDE AN ADDITIONAL REQUIREMENT FOR DETENTION IN A SECURE JUVENILE DETENTION FACILITY AND TO PROVIDE SPECIFIC TIME FRAMES FOR REVIEW OF A JUVENILE IN A DETENTION FACILITY; TO AMEND SECTION 20-7-780, AS AMENDED, RELATING TO CONFIDENTIALITY OF JUVENILE RECORDS, FINGERPRINTS, AND PHOTOGRAPHS, SO AS TO EXPAND THE CIRCUMSTANCES UNDER WHICH A JUVENILE MAY BE FINGERPRINTED AND TO EXPAND THE USE OF FINGERPRINTS; AND TO AMEND SECTION 20-7-2170, AS AMENDED, RELATING TO COMMITMENT OF CHILDREN TO THE DEPARTMENT OF JUVENILE JUSTICE AND TRANSFER TO THE DEPARTMENT OF CORRECTIONS, SO AS TO EXPAND THE CONDITIONS UNDER WHICH THE COURT MAY WAIVE THE TEMPORARY COMMITMENT OF A CHILD TO THE DEPARTMENT FOR EVALUATION.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, April 23, by the Committee on Judiciary.
Reps. T. BROWN, LLOYD, S. WHIPPER, L. WHIPPER, BREELAND, LEE, M. HINES, J. HINES, MOODY-LAWRENCE and ANDERSON objected to the Bill.
Rep. STILLE moved to adjourn debate upon the following Bill until Thursday, April 25, which was adopted.
H. 4477 -- Reps. Stille, J. Hines, Wilder, Simrill, Sandifer, Kirsh, Meacham, Easterday, Allison, Neilson, Herdklotz, Walker, Cotty, Shissias, Cromer, Klauber, Fleming, Baxley, Trotter, Wells, Davenport, Littlejohn, McMahand, Stuart, Witherspoon, Williams, Dantzler, McCraw, Marchbanks and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-6245 SO AS TO PROVIDE THAT THE MOTOR VEHICLE DRIVEN BY A PERSON WHO IS NOT A LICENSED DRIVER OR WHOSE LICENSE TO DRIVE HAS BEEN CANCELED, SUSPENDED, OR REVOKED MUST BE IMPOUNDED UNDER CERTAIN CIRCUMSTANCES AND TO PROVIDE THAT THE COST ASSOCIATED WITH IMPOUNDING THE MOTOR VEHICLE MUST BE BORNE BY THE DRIVER.
The following Joint Resolution was taken up.
S. 1190 -- Senator Passailaigue: A JOINT RESOLUTION TO PROVIDE THAT THE REMAINING AMOUNT OF THE LOAN APPROVED BY THE STATE TREASURER AND EXECUTED ON BEHALF OF THE CITY OF CHARLESTON THROUGH THE PATRIOT'S POINT DEVELOPMENT AUTHORITY FROM FUNDS MADE AVAILABLE PURSUANT TO SECTION 51-13-860, EQUAL TO FOUR HUNDRED THOUSAND DOLLARS, MUST BE LOANED FOR A PERIOD NOT TO EXCEED THREE YEARS AT AN INTEREST RATE TO BE DETERMINED BY THE STATE TREASURER.
Rep. HARRELL explained the Joint Resolution.
Rep. SIMRILL objected to the Joint Resolution.
Rep. HARRELL continued speaking.
Rep. KIRSH objected to the Joint Resolution.
The Joint Resolution was read the second time and ordered to third reading.
Upon the withdrawal of objections by Reps. SHEHEEN, FULMER, SHARPE, RICE, R. SMITH, KIRSH and WITHERSPOON, the following Bill was taken up.
H. 4717 -- Reps. Sharpe and Rice: A BILL TO AMEND SECTION 44-96-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT, SO AS TO DEFINE "STRUCTURAL FILL"; TO AMEND SECTION 44-96-80, RELATING TO COUNTY OR REGIONAL SOLID WASTE MANAGEMENT PLANS, SO AS TO PROVIDE THAT THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT DOES NOT AUTHORIZE A LOCAL GOVERNMENT TO ENACT ORDINANCES OR RESOLUTIONS TO REGULATE STRUCTURAL FILLS; AND TO AMEND SECTION 44-96-290, RELATING TO STANDARDS USED FOR GRANTING PERMITS TO PERSONS TO OPERATE A SOLID WASTE MANAGEMENT FACILITY, SO AS TO ALLOW THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ISSUE PERMITS FOR SHORT-TERM STRUCTURAL FILLS.
The Agriculture, Natural Resources & Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PFM\9246AC.96), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 44-96-290 of the 1976 Code, as added by Act 63 of 1991, is amended by adding an appropriately lettered subsection at the end to read:
"( ) The department may issue permits for short-term structural fills pursuant to department regulations. These permits shall require that structural fills be closed and cover put in place within twelve months of issuance of the permit. Consistency with solid waste management plans pursuant to subsection (G) is not required for the issuance of permits for short-term structural fills. For the purpose of this subsection, 'cover' means soil or other suitable material, or both, acceptable to the department that is used to cover solid waste. For the purpose of this subsection, 'structural fill' means landfilling for future beneficial use utilizing land-clearing debris, hardened concrete, hardened/cured asphalt, bricks, blocks, and other materials specified by the department by regulation, compacted and landfilled in a manner acceptable to the department, consistent with applicable engineering and construction standards and carried out as a part of normal activities associated with construction, demolition, and land-clearing operations; however, the materials utilized must not have been in direct contact with hazardous constituents, petroleum products, or painted with lead-based paint. Applicable department regulations in effect on the effective date of this act, not inconsistent with this subsection, remain in effect unless changed by statute or amended or repealed by the department pursuant to the Administrative Procedures Act, Article 1, Chapter 23, Title 1."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. RICE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. WITHERSPOON withdrew his objection to H. 4624 however, other objections remained upon the Bill.
Reps. CAVE, SCOTT, GOVAN and WHITE withdrew their objections to the following Bill whereupon an objection was raised by Rep. HASKINS.
H. 4637 -- Reps. Townsend, Allison, Howard and Wright: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-103-15 SO AS TO DEFINE THE MISSION OF HIGHER EDUCATION IN SOUTH CAROLINA AND OF EACH TYPE OF PUBLIC INSTITUTION OF HIGHER LEARNING; TO AMEND SECTION 59-103-20, RELATING TO STUDIES OF INSTITUTIONS OF HIGHER LEARNING, SO AS TO PROVIDE THAT THE COMMISSION SHALL BE RESPONSIBLE FOR A COORDINATED, EFFICIENT, AND RESPONSIVE HIGHER EDUCATION SYSTEM IN THIS STATE AND TO PROVIDE FOR THE RESPONSIBILITIES OF THE COMMISSION IN THIS REGARD; TO AMEND THE 1976 CODE BY ADDING SECTION 59-103-30 SO AS TO ESTABLISH CRITICAL SUCCESS FACTORS FOR ACADEMIC QUALITY IN THE INSTITUTIONS OF HIGHER LEARNING IN THIS STATE AND THE PERFORMANCE INDICATORS BY WHICH THESE SUCCESS FACTORS CAN BE MEASURED; TO AMEND SECTION 59-103-35, RELATING TO THE SUBMISSION OF THE BUDGETS OF PUBLIC INSTITUTIONS OF HIGHER LEARNING AND THE APPROVAL AND REVIEW OF THE PROGRAMS OF THESE INSTITUTIONS, SO AS TO REVISE THE MANNER IN WHICH THE PUBLIC HIGHER EDUCATION SYSTEM'S ANNUAL BUDGET REQUEST IS DETERMINED AND REVISE THE COMMISSION'S RESPONSIBILITIES WITH REGARD TO AN INSTITUTION'S PROGRAMS; TO AMEND SECTION 59-103-45, RELATING TO THE DUTIES AND FUNCTIONS OF THE COMMISSION ON HIGHER EDUCATION, SO AS TO REQUIRE THE COMMISSION TO DEVELOP STANDARDS FOR AND MEASUREMENT MECHANISMS OF THESE PERFORMANCE INDICATORS, DIRECT THE COMMISSION TO BASE THE HIGHER EDUCATION FUNDING FORMULA ON AN INSTITUTION'S ACHIEVEMENT OF THESE STANDARDS, PERMIT THE COMMISSION TO REDUCE, EXPAND, OR CONSOLIDATE ANY INSTITUTION INCLUDING THOSE WHICH DO NOT MEET THE STANDARDS OF ACHIEVEMENT, AND BEGINNING JULY 1, 1999, TO CLOSE SUCH INSTITUTIONS WHICH DO NOT MEET THESE STANDARDS, REQUIRE THE COMMISSION TO REVIEW AND APPROVE EACH INSTITUTIONAL MISSION STATEMENT, AND ENSURE ACCESS AND EQUITY OPPORTUNITIES AT EACH INSTITUTION FOR ALL CITIZENS OF THIS STATE; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY BY THE COMMISSION, SO AS TO PROVIDE THAT AN INSTITUTION'S REQUEST FOR NEW OR EXPANDED PROGRAMS MUST BE APPROVED BY THE COMMISSION; BY ADDING SECTION 59-103-65 SO AS TO PROVIDE FOR THE MANNER IN WHICH AN INSTITUTION SHALL BE CLOSED IF AN INSTITUTION BEGINNING JULY 1, 1999, IS CLOSED BY THE COMMISSION; TO AMEND SECTION 59-103-110, RELATING TO APPROVAL OF NEW CONSTRUCTION AT PUBLIC INSTITUTIONS OF HIGHER LEARNING, SO AS TO REVISE THE MANNER IN WHICH AN INSTITUTIONS' FACILITIES AND REAL PROPERTY ACQUISITIONS AND AUTHORIZATIONS ARE APPROVED; TO AMEND CHAPTER 104 OF TITLE 59, RELATING TO INITIATIVES FOR RESEARCH AND ACADEMIC EXCELLENCE, SO AS TO REVISE SUCH PROVISIONS TO INCORPORATE APPROPRIATE REFERENCES TO THE PERFORMANCE INDICATORS FOR ACADEMIC SUCCESS ABOVE-REFERENCED AND REFERENCES TO OTHER DUTIES AND FUNCTIONS CONFERRED ABOVE ON THE COMMISSION; AND TO AMEND SECTION 59-101-350, RELATING TO THE ANNUAL REPORT TO THE GOVERNOR AND GENERAL ASSEMBLY BY THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE CONTENTS OF THIS REPORT AND WHAT INSTITUTIONS MUST SUBMIT TO THE COMMISSION FOR PURPOSES OF PREPARING THE REPORT.
Rep. CLYBURN withdrew his objection to H. 4706 however, other objections remained upon the Bill.
Rep. SCOTT withdrew his objection to H. 4785 however, other objections remained upon the Bill.
The motion of Rep. QUINN to reconsider the vote whereby the following Bill was continued was taken up and agreed to by a division vote of 44 to 38.
H. 4498 -- Reps. Harrison, Hodges, Jennings, D. Smith, Cromer, Wofford, Govan, Tucker, Fleming, Knotts, Shissias, Thomas and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-17-4096 SO AS TO PROHIBIT TRESPASSING UPON RAILROAD TRACKS AND PROVIDE PENALTIES FOR VIOLATIONS.
Rep. ANDERSON asked unanimous consent to recall S. 1334 from the Committee on Ways and Means.
Rep. KELLEY objected.
Rep. HARRISON moved to adjourn debate upon the Senate amendments to the following Bill until Thursday, April 25, which was adopted.
H. 3961 -- Reps. Wilkins, Harrison, D. Smith, Huff, Cromer, Fulmer, Wells, Meacham, Cotty, Witherspoon, Wright, Tripp, H. Brown, Sharpe, Sandifer, Cain, Fair, Rice, Fleming, Mason, A. Young, Kelley, Herdklotz, Seithel, Riser, Haskins, Simrill, Keegan, Trotter, Hutson, R. Smith, Marchbanks, Harrell, Stuart, Klauber, Waldrop and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 14 SO AS TO CREATE THE JUDICIAL MERIT SELECTION COMMISSION AND TO ESTABLISH ITS POWERS, DUTIES, AND FUNCTIONS; TO AMEND SECTIONS 1-23-510, 1-23-520, 1-23-525, 1-23-530, AND 1-23-550, RELATING TO JUDGES OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT THESE JUDGES MUST BE APPOINTED BY THE GOVERNOR FROM A LIST OF NOMINEES SUBMITTED BY THE JUDICIAL MERIT SELECTION COMMISSION; 2-19-10, RELATING TO THE JOINT LEGISLATIVE COMMITTEE TO REVIEW CANDIDATES, SO AS TO DELETE PROVISIONS ON ELECTING THE MEMBERS OF THE JUDICIARY; 14-1-215, AS AMENDED, RELATING TO RETIRED JUDGES OR JUSTICES PRESIDING IN CERTAIN COURTS, SO AS TO FURTHER PROVIDE FOR THE MANNER AND CONDITIONS OF THIS SERVICE; 14-3-10, RELATING TO THE COMPOSITION OF THE SUPREME COURT, SO AS TO PROVIDE THAT THE JUSTICES THEREOF SHALL BE APPOINTED BY THE GOVERNOR IN THE MANNER PROVIDED ABOVE INSTEAD OF ELECTED BY THE GENERAL ASSEMBLY; 14-3-20, RELATING TO THE QUALIFICATIONS OF JUSTICES TO THE SUPREME COURT, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR INSTEAD OF ELECTION BY THE GENERAL ASSEMBLY; 14-3-40, RELATING TO THE VACANCIES IN THE SUPREME COURT, SO AS TO PROVIDE FOR APPOINTMENTS TO FILL A VACANCY; 14-5 110, RELATING TO THE QUALIFICATIONS OF CIRCUIT COURT JUDGES, SO AS TO REFER TO THEIR APPOINTMENT RATHER THAN THEIR ELECTION; 14-5-160, RELATING TO THE ASSIGNMENT OF A JUDGE TO FILL A VACANCY, SO AS TO PROVIDE THE PROCEDURE TO FILL A VACANCY; 14-5-610, AS AMENDED, RELATING TO JUDICIAL CIRCUITS AND ELECTION OF JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-20, RELATING TO THE ELECTION OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-30, RELATING TO THE QUALIFICATIONS OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR APPOINTMENT BY THE GOVERNOR; 14-8-40, RELATING TO THE OATH OF OFFICE OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-60, RELATING TO THE VACANCIES ON THE COURT OF APPEALS, SO AS TO PROVIDE FOR THE PROCEDURE TO FILL A VACANCY; 20-7-1370, AS AMENDED, RELATING TO THE QUALIFICATIONS AND TERMS OF FAMILY COURT JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 20-7-1410, RELATING TO THE INITIAL ELECTION OF FAMILY COURT JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; TO REPEAL SECTIONS 2-19-70 AND 2-19-80, RELATING TO THE PROHIBITION AGAINST PLEDGING AND REOPENING OF FILING WHERE INCUMBENT JUDGES WITHDRAW, DIE, OR ARE FOUND NOT QUALIFIED, RESPECTIVELY; AND TO PROVIDE THAT THE ABOVE PROVISIONS TAKE EFFECT UPON RATIFICATION OF AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF THIS STATE ESTABLISHING THE JUDICIAL MERIT SELECTION COMMISSION TO ASSIST THE GOVERNOR IN APPOINTING JUDGES FOR THE ABOVE-REFERENCED COURTS.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 4637 -- Reps. Townsend, Allison, Howard and Wright: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-103-15 SO AS TO DEFINE THE MISSION OF HIGHER EDUCATION IN SOUTH CAROLINA AND OF EACH TYPE OF PUBLIC INSTITUTION OF HIGHER LEARNING; TO AMEND SECTION 59-103-20, RELATING TO STUDIES OF INSTITUTIONS OF HIGHER LEARNING, SO AS TO PROVIDE THAT THE COMMISSION SHALL BE RESPONSIBLE FOR A COORDINATED, EFFICIENT, AND RESPONSIVE HIGHER EDUCATION SYSTEM IN THIS STATE AND TO PROVIDE FOR THE RESPONSIBILITIES OF THE COMMISSION IN THIS REGARD; TO AMEND THE 1976 CODE BY ADDING SECTION 59-103-30 SO AS TO ESTABLISH CRITICAL SUCCESS FACTORS FOR ACADEMIC QUALITY IN THE INSTITUTIONS OF HIGHER LEARNING IN THIS STATE AND THE PERFORMANCE INDICATORS BY WHICH THESE SUCCESS FACTORS CAN BE MEASURED; TO AMEND SECTION 59-103-35, RELATING TO THE SUBMISSION OF THE BUDGETS OF PUBLIC INSTITUTIONS OF HIGHER LEARNING AND THE APPROVAL AND REVIEW OF THE PROGRAMS OF THESE INSTITUTIONS, SO AS TO REVISE THE MANNER IN WHICH THE PUBLIC HIGHER EDUCATION SYSTEM'S ANNUAL BUDGET REQUEST IS DETERMINED AND REVISE THE COMMISSION'S RESPONSIBILITIES WITH REGARD TO AN INSTITUTION'S PROGRAMS; TO AMEND SECTION 59-103-45, RELATING TO THE DUTIES AND FUNCTIONS OF THE COMMISSION ON HIGHER EDUCATION, SO AS TO REQUIRE THE COMMISSION TO DEVELOP STANDARDS FOR AND MEASUREMENT MECHANISMS OF THESE PERFORMANCE INDICATORS, DIRECT THE COMMISSION TO BASE THE HIGHER EDUCATION FUNDING FORMULA ON AN INSTITUTION'S ACHIEVEMENT OF THESE STANDARDS, PERMIT THE COMMISSION TO REDUCE, EXPAND, OR CONSOLIDATE ANY INSTITUTION INCLUDING THOSE WHICH DO NOT MEET THE STANDARDS OF ACHIEVEMENT, AND BEGINNING JULY 1, 1999, TO CLOSE SUCH INSTITUTIONS WHICH DO NOT MEET THESE STANDARDS, REQUIRE THE COMMISSION TO REVIEW AND APPROVE EACH INSTITUTIONAL MISSION STATEMENT, AND ENSURE ACCESS AND EQUITY OPPORTUNITIES AT EACH INSTITUTION FOR ALL CITIZENS OF THIS STATE; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY BY THE COMMISSION, SO AS TO PROVIDE THAT AN INSTITUTION'S REQUEST FOR NEW OR EXPANDED PROGRAMS MUST BE APPROVED BY THE COMMISSION; BY ADDING SECTION 59-103-65 SO AS TO PROVIDE FOR THE MANNER IN WHICH AN INSTITUTION SHALL BE CLOSED IF AN INSTITUTION BEGINNING JULY 1, 1999, IS CLOSED BY THE COMMISSION; TO AMEND SECTION 59-103-110, RELATING TO APPROVAL OF NEW CONSTRUCTION AT PUBLIC INSTITUTIONS OF HIGHER LEARNING, SO AS TO REVISE THE MANNER IN WHICH AN INSTITUTIONS' FACILITIES AND REAL PROPERTY ACQUISITIONS AND AUTHORIZATIONS ARE APPROVED; TO AMEND CHAPTER 104 OF TITLE 59, RELATING TO INITIATIVES FOR RESEARCH AND ACADEMIC EXCELLENCE, SO AS TO REVISE SUCH PROVISIONS TO INCORPORATE APPROPRIATE REFERENCES TO THE PERFORMANCE INDICATORS FOR ACADEMIC SUCCESS ABOVE-REFERENCED AND REFERENCES TO OTHER DUTIES AND FUNCTIONS CONFERRED ABOVE ON THE COMMISSION; AND TO AMEND SECTION 59-101-350, RELATING TO THE ANNUAL REPORT TO THE GOVERNOR AND GENERAL ASSEMBLY BY THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE CONTENTS OF THIS REPORT AND WHAT INSTITUTIONS MUST SUBMIT TO THE COMMISSION FOR PURPOSES OF PREPARING THE REPORT.
The Senate amendments to the following Bill were taken up for consideration.
H. 3320 -- Reps. Cooper, Witherspoon, Meacham, Chamblee, Tripp, P. Harris, Cato, Trotter, Thomas, Townsend and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-870, SO AS TO ENACT THE SOUTH CAROLINA PERSONAL WATERCRAFT AND BOATING SAFETY ACT OF 1996 AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Debate was resumed on Amendment No. 1A, which was proposed on Tuesday, April 23, by Rep. WITHERSPOON.
Rep. WITHERSPOON explained the amendment.
The amendment was then adopted.
Rep. WITHERSPOON explained the Bill.
Rep. KNOTTS proposed the following Amendment No. 2A, which was tabled.
Amend the Bill, as and if amended, by adding a new Section to read:
Jet ski's properly lighted according to class A watercraft are allowed to operate after sunset and before sunrise.
Rep. KNOTTS explained the amendment.
Rep. WITHERSPOON spoke against the amendment and moved to table the amendment, which was agreed to.
Reps. CATO and MEACHAM proposed the following Amendment No. 3A (Doc Name P:\amend\GJK\22745SD.96), which was rejected.
Amend the bill, as and if amended, by striking Section 50-21-870(B)(11)(a) of the 1976 Code as contained in SECTION 1 which begins on line 22 of page 3 and inserting:
/(a) operate any type of watercraft required by law to be titled or which is propelled by an outboard motor required by law to be titled if he is younger than sixteen years of age, unless accompanied by an adult, eighteen years or older, who is not under the influence of alcohol, drugs, or a combination of them. However, a person younger than sixteen years of age may operate any type of watercraft required by law to be titled or which is propelled by an outboard motor required by law to be titled without being accompanied by an adult if one or more of the following applies:
(i) the person completes a boating safety program as administered by the Department of Natural Resources; or
(ii) the person completes a boating safety program approved by the Department of Natural Resources./
Renumber sections to conform.
Amend totals and title to conform.
Rep. CATO explained the amendment.
Rep. MEACHAM spoke in favor of the amendment.
The amendment was then rejected.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The following Concurrent Resolution was taken up.
H. 4414 -- Reps. Stuart, T. Brown, Cotty, Harvin, Herdklotz, Huff, Kinon and Vaughn: A CONCURRENT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY SCHOOL SCHEDULING AND TIMETABLES, INCLUDING THE LENGTH OF THE SCHOOL DAY AND THE SCHOOL YEAR, TO PROVIDE FOR THE MEMBERSHIP OF THE COMMITTEE, AND TO PROVIDE THAT THE COMMITTEE SHALL REPORT ITS FINDINGS TO THE GENERAL ASSEMBLY BY JULY 1, 1996.
Whereas, the resources for public education in South Carolina in grades kindergarten through twelve are scarce and a large part of the local funding for public education is derived from ad valorem property taxes which have reached levels which impose a significant burden on many taxpayers; and
Whereas, it is therefore incumbent upon the State of South Carolina and its local school districts to use these resources in the most efficient manner possible; and
Whereas, other states and other countries have developed innovative approaches to school scheduling including flexible hours, rolling timetables, and more continuous operations; and
Whereas, the members of the General Assembly, by this resolution, believe that a study of these innovative approaches by a committee of qualified individuals and educators would be of significant benefit to South Carolina. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That a committee to study school scheduling and timetables, including the length of the school day and the school year, is hereby established. The committee shall consist of three members from the House of Representatives appointed by the Speaker, three members of the Senate appointed by the President of the Senate, and three members from the public at large appointed by the Governor.
The members of the committee at its first meeting shall elect officers and do all things necessary to organize. The members of the committee shall receive the usual mileage, subsistence, and per diem paid by law to members of state boards, commissions, and committees. The expenses of the legislative members of the study committee must be paid from the approved accounts of their respective bodies. The expenses of the members appointed by the Governor must be paid from funds appropriated to the Governor's office.
The committee shall report its findings to the General Assembly no later than July 1, 1996, and shall terminate when the report is made. The staff of the Senate Education Committee and the House Education and Public Works Committee shall provide assistance as needed to the committee in the performance of its duties.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, April 23, by the Committee on Education and Public Works.
Rep. JASKWHICH explained the amendment.
The amendment was then adopted.
The Concurrent Resolution, as amended, was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
S. 1351 -- Senators Leventis, Moore, Alexander, Boan and Martin: A CONCURRENT RESOLUTION TO URGE THE U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA), IN ITS REVIEW OF THE NATIONAL AMBIENT AIR QUALITY STANDARD FOR OZONE, TO THOROUGHLY EXAMINE ALL ASPECTS OF THE STANDARD, INCLUDING RETAINING THE EXISTING .12 STANDARD WITH APPROPRIATE REVISIONS, AND CAREFULLY EVALUATE THE POTENTIAL INCREMENTAL HEALTH IMPACTS AND ECONOMIC CONSEQUENCES ON STATES, LOCALITIES, SMALL AND LARGE BUSINESS, AND INDIVIDUAL CITIZENS; TO URGE FURTHER THAT THE STANDARD CHOSEN BY EPA SHOULD BE REASONABLE AND ACHIEVABLE AND ANY CHANGES MUST BE LOOKED AT IN THEIR ENTIRETY; AND TO URGE FINALLY THAT EPA IDENTIFY ANY UNFUNDED MANDATES OR OTHER ADMINISTRATIVE BURDENS FOR STATE OR LOCAL GOVERNMENTS OR AGENCIES THAT WOULD DERIVE FROM CHANGES TO THE NATIONAL AMBIENT AIR QUALITY STANDARD FOR OZONE.
Whereas, the U.S. Environmental Protection Agency (EPA) has a responsibility to review periodically the National Ambient Air Quality Standard for ozone to ascertain if it is sufficiently protective of human health; and
Whereas, EPA is currently reviewing the National Ambient Air Quality Standard for ozone; and
Whereas, the State of South Carolina, through its citizens, its legislative bodies, and regulatory agencies has worked hard to reduce air pollution and to meet clean air requirements; and
Whereas, state agencies would have to devote substantial resources to developing new State Implementation Plans. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the General Assembly of the State of South Carolina urges EPA, in its review of the National Ambient Air Quality Standard for ozone, to thoroughly examine all aspects of the standard, including retaining the existing .12 standard with appropriate revisions, and carefully evaluate the potential incremental health impacts and economic consequences on states, localities, small and large business, and individual citizens. The standard chosen by EPA should be reasonable and achievable and any changes must be looked at in their entirety.
Be it further resolved that the State of South Carolina urges EPA to identify any unfunded mandates or other administrative burdens for state or local governments or agencies that would derive from changes to the National Ambient Air Quality Standard for ozone.
The Concurrent Resolution was adopted and ordered returned to the Senate.
The motion period was dispensed with on motion of Rep. SHEHEEN.
The following Bill was taken up.
H. 4492 -- Reps. Wilkins, Rice, Meacham, Whatley, Klauber, Wofford, Seithel, Fulmer, Knotts, Sharpe, H. Brown, Harrell, Easterday, Haskins, Cato, D. Smith, Townsend, Fleming, Young-Brickell, Cotty, J. Brown, Harrison, Vaughn, Cain, Sandifer, Witherspoon, Tripp, Robinson, Wells, Gamble and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-85 SO AS TO PROHIBIT MUNICIPALITIES, COUNTIES, SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICTS FROM IMPOSING TAXES OR FEES ON INDIVIDUALS, CORPORATIONS, OR OTHER BUSINESS ENTITIES AND TO EXEMPT FROM THIS PROHIBITION TAXES AND FEES ENACTED BEFORE DECEMBER 31, 1995, OR TAXES AND FEES AUTHORIZED EXPRESSLY BY THE GENERAL ASSEMBLY.
Rep. HARRISON moved to recommit the Bill to the Committee on Judiciary, which was agreed to.
The following was introduced:
H. 4974 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H.4706, RELATING TO THE SOUTH CAROLINA RURAL DEVELOPMENT ACT OF 1996, FOR IMMEDIATE SECOND READING OR OTHER CONSIDERATION ON WEDNESDAY, APRIL 24, 1996, AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H.4706 UNTIL THIRD READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That H.4706, relating to the South Carolina Rural Development Act of 1996, is set by special order for immediate second reading or other consideration on Wednesday, April 24, 1996, and such special order consideration shall continue each legislative day thereafter immediately following the third reading consideration of statewide uncontested bills and resolutions until H.4706 is given third reading or it is otherwise disposed of.
Rep. D. SMITH explained the Resolution.
The Resolution was adopted.
The following Bill was taken up.
H. 4706 -- Reps. Wilkins, Kennedy, Harrell, Hutson, Neilson, S. Whipper, J. Hines, Harvin, Howard, Askins, White, Fleming, Jennings, Keegan, Anderson, L. Whipper, M. Hines, Cobb-Hunter, Breeland, Neal, Young-Brickell, Easterday, J. Harris, Koon, Meacham, J. Young, Harrison, Clyburn, Herdklotz, Knotts, Inabinett, Wright, Lloyd, Law, Gamble, Delleney, Cave, Govan, H. Brown, Felder, Robinson, Mason, Carnell, D. Smith, Rice, Sharpe, Boan, Fulmer, Chamblee, Stuart, Shissias, Klauber, T. Brown, Spearman, Williams, Kinon, Limbaugh, Scott, Riser, McTeer, McElveen, Hodges and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA RURAL DEVELOPMENT ACT OF 1996" INCLUDING PROVISIONS TO AMEND SECTION 12-10-20, RELATING TO LEGISLATIVE FINDINGS PERTAINING TO THE ENTERPRISE ZONE ACT, SO AS TO PROVIDE ADDITIONAL FINDINGS; TO AMEND SECTION 12-10-30, RELATING TO DEFINITIONS UNDER THE ENTERPRISE ZONE ACT, SO AS TO DELETE THE DEFINITION OF "SERVICES"; TO AMEND SECTION 12-10-40, AS AMENDED, RELATING TO THE DESIGNATION AND CRITERIA OF ENTERPRISE ZONES, SO AS TO DELETE SPECIFIED CRITERIA AND TO PROVIDE THAT THE AMOUNT OF BENEFITS ALLOWED IS DETERMINED BY THE COUNTY DESIGNATION IN WHICH THE BUSINESS IS LOCATED; TO AMEND SECTION 12-10-50, RELATING TO CRITERIA TO QUALIFY FOR BENEFITS, SO AS TO PROVIDE THAT THE ENTIRE STATE OF SOUTH CAROLINA IS AN ENTERPRISE ZONE; TO AMEND SECTION 12-10-70, RELATING TO BENEFITS OF QUALIFYING BUSINESSES, SO AS TO REVISE THESE BENEFITS AND PROVIDE THAT QUALIFYING BUSINESSES ARE ELIGIBLE TO USE SPECIAL SOURCE REVENUE BONDS; TO AMEND SECTION 12-10-80, RELATING TO JOB DEVELOPMENT FEES, SO AS TO PERMIT A QUALIFYING BUSINESS TO COLLECT JOB DEVELOPMENT FEES FOR NEW JOBS CREATED AND FOR OTHER REASONS, TO FURTHER PROVIDE FOR THE PURPOSES FOR WHICH SUCH FUNDS MAY BE SPENT, TO PROVIDE FOR THE RETAINAGE OF JOB DEVELOPMENT FEES UNDER CERTAIN CONDITIONS, TO CREATE THE RURAL INFRASTRUCTURE FUND AND PROVIDE FOR ITS FUNDING, AND TO PROVIDE THAT ANY STATE-SUPPORTED INSTITUTION OF HIGHER EDUCATION MAY PROVIDE RETRAINING INSTEAD OF ONLY TECHNICAL COLLEGES; TO ADD SECTION 12-10-85 SO AS TO PROVIDE GUIDELINES FOR THE USES OF THE RURAL DEVELOPMENT FUND; TO AMEND SECTION 12-10-90, RELATING TO LEVELS OF CAPITAL INVESTMENT OR EMPLOYMENT IN REVITALIZATION AGREEMENTS, SO AS TO PROVIDE THAT THE COUNCIL ALONE CAN TERMINATE REVITALIZATION AGREEMENTS; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO JOBS TAX CREDITS, SO AS TO REVISE THE REQUIREMENTS AND QUALIFICATIONS FOR JOBS TAX CREDITS; TO AMEND SECTION 12-6-2320, AS AMENDED, RELATING TO ALLOCATION AND APPORTIONMENT OF A TAXPAYER'S INCOME, SO AS TO FURTHER DEFINE THE TERM "TAXPAYER" IN REGARD TO A CONTROLLED GROUP OF CORPORATIONS; TO AMEND SECTION 12-6-3440, AS AMENDED, RELATING TO TAX CREDITS FOR EMPLOYEE CHILD CARE PROGRAMS, SO AS TO REVISE THE MANNER IN WHICH THESE TAX CREDITS ARE DETERMINED AND ALLOCATED; TO AMEND SECTION 12-6-3450, RELATING TO INCOME TAX CREDITS FOR PERSONS TERMINATED FROM EMPLOYMENT AS A RESULT OF THE CLOSING OF FEDERAL MILITARY INSTALLATIONS, SO AS TO PROVIDE AN APPLICABLE FEDERAL FACILITY, RATHER THAN JUST A MILITARY INSTALLATION, MAY RECEIVE THE BENEFITS OF THIS CREDIT; TO AMEND SECTION 12-6-3470, RELATING TO EMPLOYER TAX CREDITS FOR EMPLOYING PERSONS RECEIVING AID TO FAMILIES WITH DEPENDENT CHILDREN, SO AS TO FURTHER PROVIDE FOR THE COMPUTATION OF AND REQUIREMENTS FOR THIS CREDIT; TO AMEND SECTION 12-14-30, AS AMENDED, RELATING TO DEFINITIONS UNDER THE ECONOMIC IMPACT ZONE COMMUNITY DEVELOPMENT ACT, SO AS TO DELETE LANGUAGE PERTAINING TO MANUFACTURING FACILITIES THAT HAVE CLOSED OR EXPERIENCED LAYOFFS AS BEING ELIGIBLE FOR CERTAIN BENEFITS UNDER THIS ACT; TO AMEND TITLE 12, RELATING TO TAXATION, BY ADDING CHAPTER 12 SO AS TO ESTABLISH THE REQUIREMENTS FOR AND PROCEDURES UNDER WHICH A TAXPAYER WHO HAS A GAIN FROM THE SALE OR OTHER DISPOSITION OF A CAPITAL ASSET MAY DEFER RECOGNITION OF ALL OR A PART OF THE GAIN; TO AMEND SECTION 12-36-70, RELATING TO THE DEFINITION OF A "RETAILER" AND "SELLER" FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO REVISE THE EXEMPTION PERTAINING TO THE FURNISHING OF ACCOMMODATIONS TO TRANSIENTS; TO AMEND SECTION 12-36-920, RELATING TO THE TAX ON ACCOMMODATIONS, SO AS TO EXCLUDE FROM THE ACCOMMODATIONS TAX THE EXEMPTION PROVIDED IN SECTION 12-36-70; TO AMEND SECTION 12-36-120, AS AMENDED, RELATING TO THE DEFINITION OF A "SALE AT WHOLESALE", SO AS TO INCLUDE THE PURCHASE OF PALLETS; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO INCLUDE PALLETS IN THE SALES TAX EXEMPTION FOR PACKAGING MATERIALS; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO FURTHER PROVIDE FOR THE EXEMPTION FOR AIR CARRIER HUB TERMINAL FACILITIES; TO AMEND SECTION 12-43-300, AS AMENDED, RELATING TO NOTICE OF TAX REASSESSMENTS AND OBJECTIONS THERETO, SO AS TO FURTHER PROVIDE FOR WHEN THE TAXPAYER AND THE ASSESSOR ARE BOUND BY THE ASSESSED VALUE OF THE PROPERTY AND TO MAKE THESE PROVISIONS APPLY TO REASSESSMENTS MADE ON OR AFTER DECEMBER 31, 1991; TO AMEND SECTION 4-12-30, RELATING TO FEES IN LIEU OF TAXES AND EXCEPTIONS FOR QUALIFYING INDUCEMENT LEASE AGREEMENTS, SO AS TO REDEFINE THE TERM "CONTROLLED GROUP", DELETE THE REQUIREMENT THAT THE BOARD OF ECONOMIC ADVISORS DETERMINE THE BENEFITS OF A FEE PROJECT AND PROVIDE INSTEAD THAT THE COUNTY COUNCIL SHALL DETERMINE SUCH BENEFITS, DELETE THE REQUIREMENT THAT A RESERVE ACCOUNT BE MAINTAINED, REVISE THE TIME PERIODS TO MEET CERTAIN REQUIREMENTS AND PROCEDURES REQUIRED TO BE FOLLOWED, REVISE THE MINIMUM ASSESSMENT RATIOS FOR SPECIFIED QUALIFYING BUSINESSES, ALLOW REPLACEMENT PROPERTY TO QUALIFY FOR THE FEE UNDER CERTAIN CONDITIONS, PERMIT THE AMENDING OF INDUCEMENT AGREEMENTS AT ANY TIME WITH RESTRICTIONS, PROVIDE GUIDELINES FOR THE TRANSFERRING OF FEE PROPERTY, REVISE CERTAIN INTEREST CHARGES, FURTHER PROVIDE FOR THE DISTRIBUTION OF THE FEE AND ALLOW A COUNTY TO USE A PORTION OF THE FEE PAYMENT FOR INFRASTRUCTURE IMPROVEMENTS WITHOUT THE REQUIREMENT OF ISSUING SPECIAL SOURCE REVENUE BONDS, ALLOW FOR THE TRANSFERRING OF AGREEMENTS RELATED TO THE FEE AND REQUIRE COUNTY APPROVAL OF THE TRANSFER, AND PROVIDE FOR OTHER RELATED MATTERS, PERTAINING TO FEES IN LIEU OF TAXES, AND THE TRANSFERABILITY OF INTERESTS IN THE PROPERTY THE SUBJECT OF THE FEE; TO AMEND SECTION 4-12-40, RELATING TO THE APPLICABILITY AND EFFECTIVE DATES OF FEE IN LIEU OF LEASE AGREEMENTS, SO AS TO FURTHER PROVIDE FOR SUCH APPLICABILITY AND EFFECTIVE DATES; TO AMEND SECTION 4-29-67, AS AMENDED, RELATING TO FEES IN LIEU OF TAXES FOR INDUSTRIAL DEVELOPMENT PROJECTS, SO AS TO PROVIDE THAT THE FEE PROVISIONS ARE AVAILABLE FOR INVESTMENTS EXCEEDING FORTY-FIVE MILLION DOLLARS, TO FURTHER PROVIDE FOR THE DEFINITION OF "CONTROLLED GROUP" AS IT RELATES TO THE FEE, ALLOW CERTAIN QUALIFYING BUSINESSES A THIRTY-YEAR MAXIMUM AGREEMENT AND AN EIGHT-YEAR PERIOD TO MEET MINIMUM INVESTMENT REQUIREMENTS, ALLOW CERTAIN QUALIFYING BUSINESSES TO QUALIFY FOR A THREE PERCENT ASSESSMENT RATIO, ALLOW FOR THE AMENDING OF AGREEMENTS AT ANY TIME WITH RESTRICTIONS, ALLOW A COUNTY TO USE A PORTION OF THE FEE PAYMENT FOR INFRASTRUCTURE IMPROVEMENTS WITHOUT THE REQUIREMENT FOR ISSUING SPECIAL SOURCE REVENUE BONDS, REVISE CERTAIN INTEREST CHARGES, FURTHER PROVIDE FOR THE TRANSFERRING OF AGREEMENTS AND FEE ASSETS, REQUIRE COUNTY APPROVAL BEFORE TRANSFERS, AND PROVIDE FOR OTHER RELATED MATTERS PERTAINING TO FEES IN LIEU OF TAXES FOR INDUSTRIAL DEVELOPMENT PROJECTS.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22624HTC.96), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. This act may be cited as the "South Carolina Rural Development Act of 1996".
SECTION 2. The General Assembly finds that:
(1) The state's economy is centrally connected. As we increase the wealth-generating capacity of South Carolina's businesses, the state's per capita income will also increase. Success breeds success, and rural locations in the State which promote positive economic development momentum will tend to multiply their successes;
(2) Rural economies, left to themselves, with little incentives for positive investment will remain with little economic development momentum. On the other hand, rural economies with significant incentives to induce capital investment and job creation will strengthen the state's economy and well-being;
(3) The inducement provided in this act will encourage the creation of jobs which would not otherwise exist and will create sources of tax revenues for the State and its political subdivisions.
SECTION 3. Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-3490. (A) Any company subject to a license tax under Section 12-20-100 may apply for a credit against its tax liability for amounts paid in cash to provide infrastructure for a project qualifying for income tax credits under Chapter 6 of Title 12, withholding tax credits under Chapter 10 of Title 12, income tax credits under Chapter 14 of Title 12, and fees in lieu of property taxes under Chapter 12 of Title 4.
(B) For the purpose of this section 'infrastructure' means improvements to a building or the land for water, sewer, gas, steam, electric energy, and communication services which are considered necessary, suitable, or useful to a project qualifying for income tax credits under Chapter 6 of Title 12, withholding tax credits under Chapter 10 of Title 12, income tax credits under Chapter 14 of Title 12, and fees in lieu of property taxes under Chapter 12 of Title 4. These improvements include, but are not limited to:
(1) improvements to both public or private water and sewer systems;
(2) improvements to both public or private electric, natural gas, and telecommunication systems including, but not limited to, ones owned or leased by an electric cooperative, electrical utility, or electric supplier as defined by Chapter 27, Title 58;
(3) fixed transportation facilities including highway, rail, water, and air.
(C) A company is not allowed the credit provided by this section for actual expenses it incurs in the construction and operation of electric system improvements or building electric facilities it owns, leases, manages, or operates.
(D) The maximum aggregate credit that may be claimed in any tax year by a single company is three hundred thousand dollars.
(E) The credits allowed by this section may not reduce the license tax liability of the company below zero. If the applicable credit exceeds the liability and is otherwise deductible under subsection (D) the amount of the excess may be carried forward and deducted in the succeeding taxable year."
SECTION 4. Chapter 10, Title 12 of the 1976 Code is amended by adding:
"Section 12-10-85. (A) Funds received by the department for the State Rural Infrastructure Fund must be deposited in the State Rural Infrastructure Fund of the Council. The fund must be administered by the council for the purpose of providing financial assistance to local governments for:
(1) training costs and facilities;
(2) improvements to regionally-planned public and private water and sewer systems;
(3) improvements to both public and private electricity, natural gas, and telecommunications systems including, but not limited to, an electric cooperative, electrical utility, or electric supplier described in Chapter 27 of Title 58; or
(4) fixed transportation facilities including highway, rail, water, and air.
(B) Rural Infrastructure Fund grants must be available to benefit counties designated as 'least developed' or 'under developed' as defined in Section 12-6-3360 according to guidelines established by the council.
(C) For the purposes of this section, 'local government' means a municipality organized pursuant to Chapters 7, 9, 11, and 13 of Title 5 or a county organized pursuant to Section 4-9-20(a), (b), (c), or (d)."
SECTION 5. A. Chapter 10, Title 12 of the 1976 Code is amended by adding:
"Section 12-10-88. (A) Subject to the conditions provided in subsection (B), South Carolina individual income tax withholding equal to five percent of all South Carolina wages paid with respect to employees that are employed by a federal employer at a closed or realigned military installation must be remitted by the department to the redevelopment authority vested with authority under Section 31-12-40(A) to oversee the closed or realigned military installation. The amounts of withholding collected and remitted to the applicable redevelopment authority are referred to as 'redevelopment fees'.
(B) The department shall remit the redevelopment fees during the period described in subsection (C) for each calendar quarter for which the redevelopment authority provides the department with a timely statement from the federal employer that employs the employees working at the closed or realigned military installation setting forth the number of employees employed at the installation, the total wages paid to these employees, and the total amount of South Carolina withholding withheld from the employees for each quarter. In order to receive the redevelopment fees for the applicable quarter, the redevelopment authority shall submit the statement within thirty days of the later of the date that the federal employer's South Carolina withholding tax return is due or the date the federal employer files the withholding tax return.
(C) Redevelopment fees may be remitted to the applicable redevelopment authority for a period beginning with the date that the applicable redevelopment authority first submits the information described in subsection (B) to the department and ending on the earlier of fifteen years later or January 1, 2015. If the redevelopment authority fails to provide the department with the required statement within the requisite time limits, no redevelopment fees must be remitted for that quarter.
(D) Neither the federal employer nor the applicable redevelopment authority must meet the requirements of Section 12-10-50 for subsection (A) to apply and the restrictions contained in Section 12-10-80(B) do not apply to redevelopment fees.
(E) For purposes of this section 'closed or realigned military installation' means a federal military base or installation in which permanent employment was reduced by three thousand or more jobs after December 31, 1990, and which is closed or realigned under:
(1) the Defense Base Closure and Realignment Act of 1990;
(2) Title 11 of the Defense Authorization Amendments and Base Closure and Realignment Act; or
(3) Section 2687 of Title 10, United States Code."
B. This section is effective for tax years beginning after 1996.
SECTION 6. A. Title 12 of the 1976 Code is amended by adding:
Section 12-12-10. As used in this chapter:
(1) 'Capital asset' means an asset defined as a capital asset under Section 1221 of the Internal Revenue Code, except that it includes property, used in the taxpayer's trade or business, of a character that is subject to the allowance for depreciation provided in Section 167 of the Internal Revenue Code, or real property used in the taxpayer's trade or business.
(2) 'Commercial domicile' means the principal place from which the trade or business of the taxpayer is directed or managed.
(3) 'Expansion share' means a unit of ownership of a business that meets all of the following criteria:
(a) The unit has unlimited voting rights and the right to receive a share of the net assets of the business upon dissolution, or may at the option of the holder of the share be converted into shares with these characteristics.
(b) The unit is issued directly to the taxpayer, or to a partnership, limited liability company or S corporation of which the taxpayer is, at the time the unit is issued, a partner, member or shareholder.
(c) The business has less than five million dollars in revenues during the twelve full months immediately preceding the date of the first equity investment in the business by the taxpayer.
(d) At the time the unit is issued, the business has a net equity, adjusted by adding back all dividends or distributions made by the business, that is equal to or less than the sum of all previous equity investments.
(e) At the time the unit is issued, no unit of ownership of the business is publicly traded.
(f) The unit is issued in exchange for money or property to be used in the operations of the business. A unit, the proceeds received by the business of which are used by the business to reacquire an ownership interest or other security of the business, does not constitute an expansion share.
(4) 'Gain' or 'deferred gain' means gain as determined for federal income tax purposes with the modifications contained in Chapter 6 of this title.
(5) 'Qualified business interest' means an ownership interest in a business conducting a qualified business activity.
(6) 'Internal Revenue Code' means the federal Internal Revenue Code as defined in Section 12-6-40(A).
(7) 'Qualified business activity' means a business that is owned by an individual, partnership, limited liability company, S corporation or C corporation, the activity of which meets all of the following criteria:
(a) The activity is an activity listed in the Standard Industrial Classification Manual, 1987 (SIC), as published by the Office of Management and Budget, Executive Office of the President, as being any of the following:
(i) agriculture, forestry, or fishing (Division A);
(ii) mining (Division B);
(iii) construction (Division C);
(iv) manufacturing (Division D) ;
(v) transportation, communications, electric, gas, or sanitary service (Division E);
(vi) wholesale Trade (Division F);
(vii) retail Trade (Division G);
(viii) personal services (Major Group 72, Division I);
(ix) business services (Major Group 73, Division I);
(x) automotive repair, services or parking (Major Group 75, Division I);
(xi) miscellaneous repair services (Major Group 76, Division I);
(xii) engineering, accounting, research, management or related services (Major Group 87, Division I).
(b) The business generates income from investment property only as an incidental effect of the management of working capital. For purposes of this chapter, ownership interests in entities controlled by the business or directly involved in the support of the qualified business activity of the business do not constitute investment property.
(c) The commercial domicile of the business is in this State.
(d)(i) The employment base of the business in this State is at least as large as the employment base of the business outside this State.
(ii) For purposes of this paragraph, the employment base of a business is the sum of the number of full-time equivalent employees and the number of full-time equivalent independent contractors located in this State or outside this State, as the case may be.
(8) 'Qualified business asset' means a capital asset held for use in this State in a qualified business activity.
(9) 'Related party' means an individual who is a member of the taxpayer's family, as defined in Section 267(c)(4) of the Internal Revenue Code.
(10) 'Qualified investment fund' means a partnership, limited liability company or S corporation formed solely for the purpose of acquiring qualified business interests or qualified business assets and that:
(a) invests in qualified business interests or qualified business assets; or
(b) acquires investment property only on an interim basis or an incidental basis until a suitable qualified business interest or qualified business asset is located by the fund.
(11) 'Investment property' means property that has the capacity to produce gross income from:
(a) interest, annuities or royalties not derived in the ordinary course of a trade or business; or
(b) dividends, except that investment property does not include expansion shares.
Section 12-12-20. (A) In addition to any other modifications to federal taxable income made for purposes of Chapter 6 of this title, and upon the filing by the taxpayer of a declaration described under Section 12-12-40(A), a taxpayer who has income for federal income tax purposes, from gain on the sale or other disposition of a capital asset may defer recognition of all or part of the gain in determining the taxes imposed under Chapter 6 of this title by reinvesting the proceeds of the sale or other disposition in a qualified business interest, qualified investment fund or qualified business asset within six months of the date on which the gain would otherwise have been recognized.
(B) For purposes of this chapter, gain is considered to be reinvested in a qualified business interest, qualified investment fund or qualified business asset in the same proportion that the proceeds from the sale or other disposition of the capital asset, net of federal income taxes paid or owing as a result of the sale or other disposition, are reinvested.
(C) Upon the sale or other disposition of a qualified business interest, interest in a qualified investment fund or a qualified business asset with respect to which gain was previously deferred under this section as the result of a prior sale or disposition, the previously deferred gain may continue to be deferred:
(1) only to the extent that an amount equal to the total of all gain deferred under this section is reinvested in one or more qualified business interests or qualified business assets; and
(2) only if a new declaration described under Section 12-12-40(A) is filed with the department.
(D) Gain resulting from the sale or other disposition of a qualified business interest, interest in a qualified investment fund or a qualified business asset that the taxpayer may not continue to defer under subsection (A) of this section must be added to federal taxable income in the manner provided under Section 12-12-60(A).
(E) The department may by regulation further refine the method by which a taxpayer determines whether a transaction constitutes the sale or disposition of a qualified business interest, interest in a qualified investment fund or a qualified business asset with respect to which gain has been deferred.
Section 12-12-30. The following types of gain or income may not be deferred under this chapter:
(1) gain from the sale or other disposition of property received in lieu of salary, wages or other compensation for services performed by the taxpayer, to the extent of the fair market value of the property at the time of receipt by the taxpayer.
(2) gain or income from the sale of inventory, except gain derived from the bulk sale of inventory not in the ordinary course of a trade or business.
(3) gain from the sale of property that is not held for the production of income.
(4) gain from investment property.
(5) gain that is treated or characterized as ordinary income under any provision of the Internal Revenue Code.
Section 12-12-40. (A) A declaration must accompany the income tax return of a taxpayer seeking to defer gain under this chapter. The declaration must state the source and the amount of the gain to be deferred and must declare the intent of the taxpayer to reinvest the gain in a qualified business interest, qualified investment fund or a qualified business asset within six months of the date of sale or other disposition from which the gain is derived.
(B) A taxpayer who has filed a declaration of intent to reinvest shall, with the income tax return for the tax year of reinvestment, file a statement that the reinvestment has occurred. The statement must be on such form as the department may prescribe and must:
(1) identify the qualified business interest, interest in a qualified investment fund, or qualified business asset acquired;
(2) state the basis for qualification as a qualified business interest, qualified investment fund, or qualified business asset; and
(3) give the purchase price or other consideration given for the qualified business interest, interest in the qualified investment fund, or qualified business asset acquired.
(C) The statement described in subsection (B) of this section shall reference the specific declaration of intent to reinvest that is being fulfilled.
Section 12-12-50. The basis of the taxpayer in a qualified business interest, qualified investment fund, or qualified business asset may not be reduced by the amount of gain deferred under this chapter.
Section 12-12-60. (A) If a taxpayer is granted a deferral under this chapter, the amount of the deferred gain that is reinvested in a qualified business interest, qualified investment fund, or qualified business asset is an adjustment to federal taxable income notwithstanding Section 12-12-20 of this chapter when any of the following occur:
(1) The asset ceases to be a qualified business asset.
(2) The investment fund ceases to be a qualified investment fund.
(3) The business ceases day-to-day operations or ceases to be a qualified business.
(4) The current asset value of the qualified business is reduced fifty percent or more as a result of the withdrawal of:
(a) capital assets from the business; or
(b) proceeds from the sale or other disposition of capital assets of the business.
(B) For purposes of subsection (A)(2) of this section, a qualified investment fund may not be disqualified upon the disqualification of one or more of the qualified business activities in which the fund holds interests, if the fund divests itself of the fund's interests in the disqualified business activity within twelve months of the date of disqualification. If the qualified investment fund does not divest itself of the fund's interests in a disqualified business activity within twelve months of the disqualification, only that portion of the gain previously deferred under this chapter that is attributable to the interest in the disqualified business activity may be an adjustment to the federal taxable income of the owners of the fund.
(C)(1) Except as provided in subsection (2) of this subsection, upon the occurrence of an event described in subsection (A) of this section requiring recognition of deferred gain, the deferred gain is added to federal taxable income for the tax year in which the event occurs. Except for adjustments required for purposes of Chapter 6 of this title other than in this chapter, no other adjustment to federal taxable income may be made as a result of an event requiring recognition of deferred gain described in subsection (A) of this section.
(2) A taxpayer who does not own a controlling interest in a business with respect to which an event occurs requiring recognition of gain as described in subsection (A)(1), (2), and (3) of this section may continue to defer gain by timely filing a declaration of intent to reinvest as described in Section 12-12-40.
(3) If a qualified investment fund fails to divest itself of the fund's interest in a disqualified business activity within the twelve-month period described in subsection (B) of this section, the deferred gain that is required to be recognized by subsection (B) of this section must be added to federal taxable income for the tax year in which expires the twelve-month period for divestment.
Section 12-12-70. (A) If a taxpayer sells or otherwise disposes of a qualified business interest or qualified business asset, the statutory period prescribed in Section 12-54-85 for assessing a deficiency attributable to any part of the gain deferred under this chapter does not expire prior to the expiration of three years after the latest of the following dates:
(1) the date of receipt by the department of the statement described in Section 12-12-40(B);
(2) the date of receipt by the department of a statement from the taxpayer declaring an intent not to reinvest;
(3) the date that is six months after the date of sale or disposition resulting in possible deferred gain.
(B) Any gain deferred under this chapter that is later required to be added to federal taxable income under this chapter must be added to federal taxable income for the tax year in which the event causing the addition occurs. Any deficiency attributable to any portion of deferred gain may be assessed before the expiration of the latest date described under subsection (A) of this section.
(C) A taxpayer who files a declaration of intent to reinvest but fails to reinvest as required by Section 12-12-20 is liable for unpaid taxes on the deferred amount and for interest at the rate established under Section 12-54-25(D) for deficiencies from the date that the tax on the deferred gain would have been due had the declaration not been filed to the date of payment.
Section 12-12-80. (A) If, on account of death or disability of the taxpayer, a related party succeeds to a qualified business interest, interest in a qualified investment fund, or qualified business asset upon the acquisition of which gain was deferred under this chapter, then at the election of the related party, the death or disability of the taxpayer does not result in the addition to federal taxable income of the deferred gain.
(B) The related party who succeeds to the qualified business interest, interest in a qualified investment fund, or qualified business asset may dispose of the interest or asset without addition of the deferred gain to federal taxable income if the requirements of reinvestment and other requirements of this chapter are met.
(C) If a taxpayer dies, and the death does not result in the addition of the deferred gain to federal taxable income because of an election under this section, at the time the deferred gain is added to federal taxable income, the amount of gain is determined using the basis that the deceased taxpayer had in the qualified business interest, qualified investment fund, or qualified business asset.
Section 12-12-90. The department may promulgate regulations under this chapter including regulations that define what constitutes an interim holding of investment property by a qualified investment fund and an incidental holding of investment property by a qualified business activity or a qualified investment fund.
Section 12-12-100. This chapter applies to gain incurred from the sale or other disposition of a capital asset in taxable years beginning after 1995, and to investments in qualified business interests, qualified investment funds, or qualified business assets that occur before 2001."
B. The Advisory Coordinating Council for Economic Development shall prepare a report regarding the economic impact of Chapter 12, Title 12 of the 1976 Code and shall present the report to the House Ways and Means Committee and Senate Finance Committee. The purpose of the report is to analyze the job creation and tax implications of the chapter added by this section.
The confidentiality requirements applicable to returns and the information contained therein is not applicable to the Advisory Coordinating Council for Economic Development for purposes of preparing the report described in this subsection."
SECTION 7. Chapter 27, Title 58 of the 1976 Code is amended by adding:
"Section 58-27-240. No provision of the South Carolina Rural Development Act of 1996 may be construed to alter, modify, amend, or repeal, directly or by implication, any provision of Chapter 27 of Title 58, Chapter 31 of Title 58, Chapter 33 of Title 58, Chapter 23 of Title 6, Chapter 7 of Title 5, and Chapter 31 of Title 5, governing, among other things, the retail and wholesale distribution and sale of electric energy in this State."
SECTION 8. A. Section 4-12-30(B) (4)(b)(iv) of the 1976 Code, as added by Act 125 of 1995, is amended to read:
"(iv) for purposes of this section, 'controlled group' or 'controlled group of corporations' has the meaning provided under Section 1563(a) of the Internal Revenue Code as defined in Chapter 7 6 of Title 12 as of the date of the execution of the inducement agreement without regard to amendments or replacements thereof, and without regard to subsection subsections (a)(4) and (b) of Section 1563."
B. Section 4-12-30(B)(5)(b) of the 1976 Code, as added by Act 125 of 1995, is amended to read:
"(b) The Board of Economic Advisors shall determine that the purposes to be accomplished by the project are proper governmental and public purposes and that the inducement of the location or expansion of projects within the State is of paramount importance and that the benefits of the project are greater than the costs. In addition to the findings required in subsection (B)(5)(a) above, the county council or county councils, with such assistance and advice from the Department or the Board of Economic Advisors as the county council or county councils desire, shall determine that the purposes to be accomplished by the project are proper governmental and public purposes and that the inducement of the location or expansion of the projects within the State is of paramount importance and that the benefits of the project are greater than the cost."
C. Section 4-12-30(B)(6) of the 1976 Code, as added by Act 125 of 1995, is amended to read:
"(6) Every financing agreement with respect to a project shall contain an agreement obligating the industry to effect the completion of the project, and obligating the industry to pay an amount under the terms of a lease agreement, which must be sufficient to build up and maintain any reserve considered by the county council or county councils to be advisable in connection with the agreement."
D. Section 4-12-30(C) of the 1976 Code, as added by Act 125 of 1995, is amended to read:
"(C)(1) From the end of the property tax year in which the investor and the county execute an inducement agreement, the investor has five years in which to enter into an initial lease agreement with the county.
(2) From the end of the property tax year in which the investor and the county execute the initial lease agreement, the investor has five years in which to complete its investment for purposes of qualifying for this section. If the investor does not anticipate completing the project within five years, the investor may apply to the county before the end of the five-year period for an extension of time to complete the project. If the county agrees to grant the extension, the county must do so in writing and a copy must be delivered to the department within thirty days of the date the extension was granted. The extension may not exceed two years in which to complete the project. There is no extension allowed for the five-year period in which to meet the minimum level of investment. If the minimum level of investment is not met within five years, all property under the lease agreement or agreements, reverts retroactively to the payments required by Section 4-12-20. The difference between the fee actually paid by the investor and the payment which is due under Section 4-12-20 is subject to interest as provided in Section 12-43-305 12-54-25(D). Any property placed in service after the five-year period, or seven years in the case of a project which has received an extension, is not part of the fee agreement under subsection (D)(2) and is subject to the payments required by Section 4-12-20 if the county has title to the property, or to property taxes as provided in Chapter 37 of Title 12 if the investor has title to the property.
For purposes of those businesses qualifying under subsection (D)(4), the five-year period referred to in this subsection is eight years and the seven year period is ten years.
(3) The annual fee provided by subsection (D)(2) is available for no more than twenty years. For projects which are completed and placed in service during more than one year, each year's investment may be subject to the fee in subsection (D)(2) for twenty years to a maximum total of twenty-seven years for the fee for a single project which has been granted an extension. For those businesses qualifying under subsection (D)(4), the annual fee is available for no more than thirty years and for those projects placed in service in more than one year the annual fee is available for a maximum of thirty-seven years.
(4) Annually, during the time period allowed to meet the minimum investment level, the investor shall provide the total amount invested to the appropriate county official."
E. Section 4-12-30(D) of the 1976 Code, as added by Act 125 of 1995, is amended to read:
"(D) The inducement agreement must provide for fee payments, to the extent applicable, as follows:
(1)(a) Any property, title to which is transferred to the county before being placed in service, is subject to an annual fee payment as provided in Section 4-12-20.
(b) Any undeveloped land, title to which is transferred to the county, before being developed and placed in service, is subject to an annual fee payment as provided in Section 4-12-20. The time during which fee payments are made under Section 4-12-20 is not considered part of the maximum periods provided in subsections (C)(2) and (C)(3), and no lease is considered an 'initial lease agreement' for purposes of this section until the first day of the calendar year for which a fee payment is due under subsection (D)(2) in connection with the lease.
(2) After property qualifying under subsection (B) is placed in service, an annual fee payment determined in accordance with one of the following is due:
(a) an annual payment in an amount not less than the property taxes that would be due on the project if it were taxable, but using an assessment ratio of not less than six percent, except as provided in item (4) of this subsection, and a fixed millage rate as provided in subsection (G), and a fair market value estimate determined by the department as follows:
(i) for real property, using the original income tax basis for South Carolina income tax purposes without regard to depreciation, but if real property is constructed for the fee or is purchased in an arm's length transaction, fair market value is deemed to equal the original income tax basis; otherwise, the department shall determine fair market value by appraisal; and
(ii) for personal property, using the original tax basis for South Carolina income tax purposes less depreciation allowable for property tax purposes, except that the investor is not entitled to any extraordinary obsolescence.
(b) an annual payment as provided in subsection (D)(2)(a), except that every fifth year the applicable millage rate is allowed to increase or decrease in step with the average actual millage rate applicable in the district where the project is located based on the preceding five-year period.
(3) At the conclusion of the payments determined pursuant to items (1) and (2) of this subsection, an annual payment equal to the taxes due on the project as if it were taxable. When the property is no longer subject to the fee under subsection (D)(2), the fee or property taxes must be assessed:
(a) with respect to real property, based on the fair market value as of the latest reassessment date for similar taxable property; and
(b) with respect to personal property, based on the then depreciated value applicable to such property under the fee, and thereafter continuing with the South Carolina property tax depreciation schedule.
(4) (a) The assessment ratio may not be lower than three percent:
(i) in the case of a business which is investing at least two hundred million dollars which results in a total investment of at least four hundred million dollars and which is creating at least two hundred new full-time jobs at a site qualifying for the fee;
(ii) in the case of a business which is investing at least four hundred million dollars and which is creating at least two hundred new full-time jobs at a site qualifying for the fee; or
(iii) in the case of a joint venture which is investing at least six hundred million dollars in a county classified as either least developed or under developed, and creating at least one hundred jobs in the same county.
(b) The new full-time jobs requirement of this item does not apply in the case of a taxpayer which for more than the twenty-five years ending on the date of the agreement paid more than fifty percent of all property taxes actually collected in the county.
(c) In an instance in which the governing body of a county has by contractual agreement provided for a change in fee-in-lieu of taxes arrangements conditioned on a future legislative enactment, any new enactment shall not bind the original parties to the agreement unless the change is ratified by the governing body of the county."
F. Section 4-12-30(F) of the 1976 Code, as added by Act 125 of 1995, is amended to read:
"(F) (1) If an investor disposes of property subject to the fee, the fee must be reduced by the amount of the fee applicable to that property.
(2) Property is disposed of only when it is scrapped or sold in accordance with the lease agreement.
With regard to calculation of the fee provided in subsection (D)(2), the inducement agreement may provide for the disposal of property and the replacement of property subject to the fee as follows:
(1)(a) If an investor disposes of property subject to the fee, the fee must be reduced by the amount of the fee applicable to that property.
(b) Property is disposed of only when it is scrapped or sold in accordance with the lease agreement.
(c) If there is no provision in the agreement dealing with the disposal of property in accordance with this subsection, the fee remains fixed and no adjustment to the fee is allowed for disposed property.
(2) Any property which is placed in service as a replacement for property which is subject to the fee payment may become part of the fee payment as provided in this item:
(a) Replacement property does not have to serve the same function as the property it is replacing. Replacement property qualifies for fee treatment provided in subsection (D)(2) only up to the original income tax basis of fee property which is being disposed of in the same property tax year. More than one piece of property can replace a single piece of property. To the extent that the income tax basis of the replacement property exceeds the original income tax basis of the property which it is replacing, the excess amount is subject to payments as provided in Section 4-12-20. Replacement property is entitled to the fee payment for the period of time remaining on the fee period for the property which it is replacing; provided, however, that where a single piece of property replaces two or more pieces of property, the fee period must be measured from the earliest of the dates on which the replaced pieces of property were placed in service.
(b) The new replacement property which qualifies for the fee provided in subsection (D)(2) is recorded using its income tax basis and the fee is calculated using the millage rate and assessment ratio provided for the original fee property. The fee payment for replacement property must be based on subsection (D)(2)(a) or (D)(2)(b), if the investor originally used this method.
(c) In order to qualify as replacement property, title to the replacement property must be held by the county.
(d) If there is no provision in the inducement agreement dealing with replacement property, any property placed in service after the time period allowed for investments as provided by subsection (C)(2), is subject to the payments required by Section 4-12-20 if the county has title to the property, or to property taxes as provided in Chapter 37 of Title 12 if the investor has title to the property."
G. Items (1) and (2) of Section 4-12-30(H) of the 1976 Code, as added by Act 125 of 1995, are further amended to read:
"(1) Upon agreement of the parties, and except as provided in subsection (H) item (2) of this subsection, an inducement agreement, a millage rate agreement, or both, may be amended or terminated and replaced with regard to all matters including, but not limited to, the addition or removal of controlled group members; but no such amendment or termination and replacement may take place after the initial lease agreement date.
(2) No amendment or replacement of an inducement agreement or millage rate agreement may be used to change the millage rate, assessment ratio, or length of the agreement under any such agreement. However, existing inducement agreements which have not yet been implemented by the execution and delivery of a millage rate agreement or a lease purchase agreement, may be amended up to the date of execution and delivery of a millage rate agreement or a lease purchase agreement in the discretion of the governing body."
H. Section 4-12-30(J) of the 1976 Code, as added by Act 125 of 1995, is amended by adding at the end:
"(3) Project investment expenditures which are incurred within the applicable time period provided in subsection (I) by an entity whose investments are not being computed in the level of investment for purposes of subsection (B) or (C) qualify as investment expenditures subject to the fee in subsection (D)(2) where:
(a) the expenditures are part of the original cost of the property which is transferred, within the applicable time period provided in subsection (I), to one or more other entities which are members of the same controlled group as the transferor entity and whose investments are being computed in the level of investment for purposes of subsections (B) or (C); and
(b) the property would have qualified for the fee in subsection (D)(2) if it had been initially acquired by the transferee entity rather than the transferor entity.
(4) The income tax basis of the property immediately before the transfer must equal the income tax basis of the property immediately after the transfer. However, to the extent income tax basis of the property immediately after the transfer unintentionally exceeds the income tax basis of the property immediately before the transfer, the excess shall be subject to payments under Section 4-12-20.
(5) The county shall agree to any inclusion in the fee of the property described in subsection (J)(1)."
I. Section 4-12-30(K) of the 1976 Code, as added by Act 125 of 1995, is amended to read:
"(K)(1) For a project not located in an industrial development park as defined in Section 4-1-170, distribution of the fee-in-lieu of taxes on the project must be made in the same manner and proportion that the millage levied for school and other purposes would be distributed if the property were taxable. For this purpose, the relative proportions must be calculated based on the following procedure: holding constant the millage rate set in subsection (G) and using all tax abatements automatically granted for taxable property, a full schedule of the property taxes that would otherwise have been distributed to each millage levying entity in the county must be prepared for the life of the agreement, up to twenty years maximum. The total property taxes which would have been paid on the property if it was owned by the investor to for each millage levying entity as a percentage of the total of such property taxes for all such entities determines each entity's relative shares of each year's fee payment for all subsequent years of the agreement.
(2) For a project located in an industrial development park as defined in Section 4-1-170, distribution of the fee-in-lieu of taxes on the project must be made in the manner provided for by the agreement establishing the industrial development park.
(3) A county or municipality or special purpose district that receives and retains revenues from a payment in lieu of taxes may use a portion of this revenue for the purposes outlined in Section 4-29-68 without the requirement of issuing special source revenue bonds."
J. Section 4-12-30(M) of the 1976 Code, as added by Act 125 of 1995, is amended to read:
"(M) An entity subject to the fee may enter into any lending, financing, security or similar arrangement, with any financing entity, concerning all or part of a project, provided that the income tax ownership of the property which is subject to the fee payment under subsection (D)(2) is held, by the time the fee payments relating to such property begin under subsection (D)(2), by the entity subject to the fee.
(1) Any interest in an inducement agreement, millage rate agreement, lease agreement, and property to which the agreement relates may be transferred to any other entity at any time. Notwithstanding any other provision of this chapter, any equity or other interest in any entity with an interest in any inducement agreement, millage rate agreement, or lease agreement, or in the property to which any such agreement relates, may be transferred to any other entity or person at any time, or both.
(2) A single entity, or two or more entities which are members of a controlled group, may enter into any lending, financing, security, or similar arrangement, or succession of such arrangements, with any financing entity, concerning all or part of a project and may enter into any sale-leaseback arrangement including, without limitation, an assignment, a sublease, or similar arrangement, or succession of such arrangements, with one or more financing entities, concerning all or part of a project, regardless of the identity of the income tax owner of the property which is subject to the fee payment under subsection (D)(2). Even though income tax basis is changed for income tax purposes, neither the original transfer to the financing entity nor the later transfer from the financing entity back to the original transferor or members of its controlled group, pursuant to terms in the sale-leaseback agreement, shall affect the amount of the fee due.
(3) All transfers undertaken with respect to other projects to effect a financing authorized under subsection (M) must meet the following requirements:
(a) The Department of Revenue and Taxation must receive notification in writing within sixty days after the transfer of the identity of each transferee and other information required by the department with the appropriate returns. Failure to meet this notice requirement shall not adversely affect the fee, but a penalty may be assessed by the department for late notification for up to ten thousand dollars a year or portion of a year up to a maximum penalty of fifty thousand dollars.
(b) If the financing entity is the income tax owner of property, either the financing entity is primarily liable for the fee as to that portion of the project to which the transfer relates with the original transferor remaining secondarily liable for the payment of the fee or the original transferor must agree to continue to be primarily liable for the payment of the fee as to that portion of the project to which the transfer relates.
(4) Before an investor may transfer an inducement agreement, millage rate agreement, lease agreement, or the assets subject to the lease agreement, it shall obtain the approval of the county with whom it entered into the original inducement agreement, millage rate agreement, or lease agreement. However, no such approval is required in connection with financing-related transfers."
K. Section 4-12-30(N) of the 1976 Code, as added by Act 125 of 1995, is amended to read:
"(N) Reserved An entire fee interest may be transferred to another entity which is qualified to enter into a fee agreement under subsection (B)(4)(a). A fee interest is an inducement agreement, millage rate agreement, lease agreement, and the entity's entire property interest in the project subject to the fee. Equity interests in a partnership, corporation, association, or limited liability company which properly files its South Carolina income tax returns as a partnership or corporation and which has an interest in an inducement agreement, millage rate agreement, and lease agreement, such equity interests collectively and individually referred to as an 'entity interest' may be transferred by any entity to any entity, if the entity whose entity interest is being transferred holds at least a five million dollar investment based on income tax basis without regard to depreciation in the project as of the time of the transfer.
(2) All transfers of fee interests or entity interests authorized under subsection (N) must meet the following requirements:
(a) The county must approve the transfer within six months before the transfer.
(b) The department must receive notification in writing of the identity of each transferee and other information required by the department within thirty days after the transfer becomes effective. The department may extend the thirty-day period upon written request. Failure to meet this notice requirement does not adversely affect the fee, but a penalty may be assessed by the department for late notification for up to ten thousand dollars a month or portion of a month, with the total penalty not to exceed fifty thousand dollars.
(c) No election under Internal Revenue Code of 1986, as amended, Sections 338 or 754 may be made with respect to the transfer.
(d) Each transferee must agree to be bound by the applicable agreements constituting the fee arrangement.
(e) Any transfer must be for fair market value or result in a carryover basis for income tax purposes. If for income tax purposes, the property begins a new depreciable life for the asset, the property also begins a new depreciable life for purposes of computing the fee. In no event is the time period for receiving the fee extended."
L. Section 4-12-40 of the 1976 Code, as added by Act 125 of 1995, is amended to read:
"Section 4-12-40. Projects with respect to which a lease agreement has been entered into before the effective date of this chapter are required to use the provisions of Section 4-29-67. Projects with respect to which a lease agreement is entered into after December 31, 1995, the effective date of this chapter are required to use the provisions contained in this chapter. However, those projects in which the total investment exceeds forty-five million dollars within the time provided in subsection (C)(2) have the option of using the provisions qualify for the benefits contained in Section 4-29-67 or 4-12-30, but not both.
The minimum investment levels or job creation levels or both required in order to qualify for a fee-in-lieu of property tax as provided in Section 4-29-67 and as reduced in Section 12-10-70(2) may be used for lease agreements executed before December 31, 1995, and for any project which has received any of the required readings before county council to enact the agreement before December 31, 1995."
M. The provisions of this section are effective for lease agreements entered into after 1995.
SECTION 9. A. Subsections (A) through (U) of Section 4-29-67 of the 1976 Code, as last amended by Act 32 of 1995, are amended to read:
"(A) Notwithstanding the provisions of Section 4-29-60, in the case of a financing agreement in the form of one or more lease agreements for a project qualifying under subsection (B), the county and the investor may enter into an inducement agreement which provides for payment in lieu of taxes (fee) as provided in this section. All references in this section to a lease agreement shall be deemed also to refer to a lease purchase agreement.
(B) In order for property to qualify for the fee as provided in subsection (D)(2):
(1) Title to the property must be held by the county or in the case of a project located in an industrial development park as defined in Section 4-1-170, title may be held by more than one county, provided each county is a member of the industrial development park. Any real property transferred to the county must include a legal description and plat of the property.
(2) The investment must be a project which is located in a single county or an industrial park as defined in Section 4-1-170. A project located on a contiguous tract of land in more than one county, but not in such an industrial development park, may qualify for the fee provided (a) the counties agree on the terms of the fee and the distribution of the fee payment; (b) the minimum millage rate cannot be lower than the millage rate applicable to the county in which the greatest amount of investment occurs; and (c) all such counties must be parties to all agreements establishing the terms of the fee.
(3) The minimum level of investment must be at least eighty-five forty-five million dollars and must be invested within the time period provided in subsection (C).
(4)(a) Except as provided in subsection (B)(4)(b), the investment must be made by a single entity. For purposes of this section, (i) any partnership or other association which properly files its South Carolina income tax returns as a partnership for South Carolina income tax purposes will be treated as a single entity and as a partnership, and (ii) any corporation or other association which properly files its South Carolina income tax returns as a corporation for South Carolina income tax purposes will be treated as a single entity and as a corporation.
(b)(i) The members of the same controlled group of corporations can qualify for the fee if the combined investment in the county by the members meets the minimum investment requirements. The county and the members who are part of the inducement agreement may agree that any investments by other members of the controlled group within the time periods provided in subsections (C)(1) and (C)(2) shall qualify for the payment regardless of whether the member was part of the inducement agreement; provided, however, in order to qualify for the fee, such other members of the controlled group must be specifically approved by the county and must agree to be bound by agreements with the county relating to the fee; provided, however, such controlled group members need not be bound by agreements, or portions of agreements, to the extent such agreements do not affect the county; provided, further, that with the consent of the county, such members will not be bound by agreements or portions of agreements which do affect the county. Except as otherwise provided in subsection (B)(2), the investments under this subsection (B)(4)(b) must be within the same county or industrial park. Any controlled group member which is claiming the fee must invest at least ten million dollars in the county or industrial park.
(ii) The Department of Revenue and Taxation must be notified in writing of all members which have investments subject to the fee before or within thirty days after the execution of the lease agreement covering the investment by the member. The Department of Revenue and Taxation may extend the thirty-day period upon written request. Failure to meet this notice requirement will not adversely affect the fee, but a penalty may be assessed by the Department of Revenue and Taxation for late notification for up to ten thousand dollars a month or portion of a month with the total penalty not to exceed one hundred twenty thousand dollars. Members of the controlled group must provide the information considered necessary by the Department of Revenue and Taxation to ensure that the investors are part of a controlled group.
(iii) If at any time the controlled group or any former member (who has left the controlled group) no longer has the minimum eighty-five forty-five million dollars of investment (without regard to depreciation), that group or former member no longer holding the minimum amount of investment as provided in subsection (B)(3) (without regard to depreciation) will no longer qualify for the fee.
(iv) For purposes of this section, 'controlled group' or 'controlled group of corporations' shall have the meaning provided under Section 1563(a) of the Internal Revenue Code as defined in Chapter 7 6 of Title 12 as of the date of the execution of the inducement agreement (without regard to amendments or replacements thereof), without regard to subsection subsections (a)(4) and (b) of such Section 1563.
(C)(1) From the end of the property tax year in which the investor and the county execute an inducement agreement, the investor has seven years in which to enter into an initial lease agreement with the county.
(2) From the end of the property tax year in which the investor and the county execute the initial lease agreement, the investor has five years in which to complete its investment for purposes of qualifying for this section. If the investor does not anticipate completing the project within five years, the investor may apply to the county before the end of the five-year period for an extension of time to complete the project. If the county agrees to grant the extension, the county must do so in writing, and a copy must be delivered to the Department of Revenue and Taxation within thirty days of the date the extension was granted. The extension may not exceed two years in which to complete the project.
There is no extension allowed for the five-year period in which to meet the minimum level of investment. If the minimum level of investment is not met within five years, all property under the lease agreement or agreements reverts retroactively to the payments required by Section 4-29-60. The difference between the fee actually paid by the investor and the payment which is due under Section 4-29-60 is subject to interest as provided in Section 12-43-305 12-54-25(D).
Unless property qualifies as replacement property under a contract provision enacted pursuant to subsection (F)(2), any property placed in service after the five-year period, or seven years in the case of a project which has received an extension, is not part of the fee agreement under subsection (D)(2) and is subject to the payments required by Section 4-29-60 if the county has title to the property, or to property taxes as provided in Chapter 37 of Title 12 if the investor has title to the property.
For purposes of those businesses qualifying under Section 4-29-67(D)(4), the five-year period referred to in this subsection is eight years and the seven-year period is ten years.
(3) The annual fee provided by subsection (D)(2) is available for no more than twenty years. For projects which are completed and placed in service during more than one year, each year's investment may be subject to the fee in subsection (D)(2) for twenty years to a maximum total of twenty-seven years for the fee for a single project which has been granted an extension. For those businesses qualifying under subsection (D)(4), the annual fee is available for no more than thirty years and for those projects placed in service in more than one year the annual fee is available for a maximum of thirty-seven years.
(4) Annually, during the time period allowed to meet the minimum investment level, the investor must provide the total amount invested to the appropriate county official.
(D) The inducement agreement must provide for fee payments, to the extent applicable, as follows:
(1)(a) Any property, title to which is transferred to the county, will be subject, before being placed in service, to an annual fee payment as provided in Section 4-29-60.
(b) Any undeveloped land, title to which is transferred to the county, will be subject, before being developed and placed in service, to an annual fee payment as provided in Section 4-29-60. The time during which fee payments are made under Section 4-29-60 will not be considered part of the maximum periods provided in subsections (C)(2) and (C)(3), and no lease shall be considered an 'initial lease agreement' for purposes of this section unless and until the first day of the calendar year for which a fee payment is due under subsection (D)(2) in connection with such lease.
(2) After property qualifying under subsection (B) is placed in service, an annual fee payment determined in accordance with one of the following is due:
(a) an annual payment in an amount not less than the property taxes that would be due on the project if it were taxable, but using an assessment ratio of not less than six percent, except as provided in subsection (D)(4), and a fixed millage rate as provided in subsection (G), and a fair market value estimate determined by the South Carolina Department of Revenue and Taxation as follows:
(i) for real property using the original income tax basis for South Carolina income tax purposes without regard to depreciation. (provided, However, if real property is constructed for the fee or is purchased in an arm's length transaction, fair market value will be is deemed to equal the original income tax basis, otherwise the Department of Revenue and Taxation will determine fair market value by appraisal); and
(ii) for personal property using the original income tax basis for South Carolina income tax purposes less depreciation allowable for property tax purposes, except that the investor is not entitled to any extraordinary obsolescence.
(b) an annual payment based on any alternative arrangement yielding a net present value of the sum of the fees for the life of the agreement not less than the net present value of the fee schedule as calculated under subsection (D)(2)(a). Net present value calculations performed under this subsection must use a discount rate equivalent to the yield in effect for new or existing United States Treasury bonds of similar maturity as published during the month in which the inducement agreement is executed. If no yield is available for the month in which the inducement agreement is executed, the last published yield for the appropriate maturity must be used. If there are no bonds of appropriate maturity available, bonds of different maturities may be averaged to obtain the appropriate maturity.
(c) an annual payment using a formula that results in a fee not less than the amount required pursuant to subsection (D)(2)(a), except that every fifth year the applicable millage rate is allowed to increase or decrease in step with the average actual millage rate applicable in the district where the project is located based on the preceding five-year period.
(3) At the conclusion of the payments determined pursuant to items (1) and (2) of this subsection, an annual payment equal to the taxes due on the project as if it were taxable. When the property is no longer subject to the fee under subsection (D)(2), the fee or property taxes must be assessed:
(a) with respect to real property, based on the fair market value as of the latest reassessment date for similar taxable property; and
(b) with respect to personal property, based on the then depreciated value applicable to such property under the fee, and thereafter continuing with the South Carolina property tax depreciation schedule.
(4)(a) The assessment ratio may not be lower than three percent:
(i) in the case of a business which is investing at least two hundred million dollars which results in a total investment of at least four hundred million dollars and which is creating at least two hundred new full-time jobs at a site qualifying for the fee;
(ii) in the case of a business which is investing at least four hundred million dollars and which is creating at least two hundred new full-time jobs at a site qualifying for the fee; or
(iii) in the case of a joint venture which is investing at least six hundred million dollars in a county classified as either least developed or under developed, and creating at least one hundred jobs in the same county.
(b) The new full-time jobs requirement of this item does not apply in the case of a taxpayer which for more than the twenty-five years ending on the date of the agreement paid more than fifty percent of all property taxes actually collected in the county.
(c) In an instance in which the governing body of a county has by contractual agreement provided for a change in fee-in-lieu of taxes arrangements conditioned on a future legislative enactment, any new enactment shall not bind the original parties to the agreement unless the change is ratified by the governing body of the county.
(E) Calculations pursuant to subsection (D)(2) must be made on the basis that the property, if taxable, is allowed all applicable property tax exemptions except the exemption allowed under Section 3(g) of Article X of the Constitution of this State and the exemption allowed pursuant to Section 12-37-220B(32) and (34).
(F) With regard to calculation of the fee provided in subsection (D)(2), the inducement agreement may provide for the disposal of property and the replacement of property subject to the fee as follows:
(1)(a) If an investor disposes of property subject to the fee, the fee must be reduced by the amount of the fee applicable to that property.
(b) Property is disposed of only when it is scrapped or sold in accordance with the lease agreement.
(c) If the investor used any method to compute the fee other than that provided in subsection (D)(2)(a), the fee on the property which was disposed of must be recomputed in accordance with subsection (D)(2)(a) and to the extent that the amount which would have been paid under subsection (D)(2)(a) exceeds the fee actually paid by the investor, the investor must pay the difference with the next fee payment due after the property is disposed of. If the investor used the method provided in subsection (D)(2)(c), the millage rate provided in subsection (D)(2)(c) must be used to calculate the amount which would have been paid under subsection (D)(2)(a).
(d) If there is no provision in the agreement dealing with the disposal of property in accordance with this subsection, the fee remains fixed and no adjustment to the fee is allowed for disposed property.
(2) Any property which is placed in service as a replacement for property which is subject to the fee payment may become part of the fee payment as provided in this item:
(a) Replacement property does not have to serve the same function as the property it is replacing. Replacement property qualifies for fee treatment provided in subsection (D)(2) only up to the original income tax basis of fee property which is being disposed of in the same property tax year. More than one piece of property can replace a single piece of property. To the extent that the income tax basis of the replacement property exceeds the original income tax basis of the property which it is replacing, the excess amount is subject to payments as provided in Section 4-29-60. Replacement property is entitled to the fee payment for the period of time remaining on the twenty-year fee period for the property which it is replacing; provided, however, that where a single piece of property replaces two or more pieces of property, such fee period shall be measured from the earliest of the dates on which the replaced pieces of property were placed in service.
(b) The new replacement property which qualifies for the fee provided in subsection (D)(2) is recorded using its income tax basis, and the fee is calculated using the millage rate and assessment ratio provided on the original fee property. The fee payment for replacement property must be based on subsection (D)(2)(a) or (D)(2)(c), if the investor originally used this method, without regard to present value.
(c) In order to qualify as replacement property, title to the replacement property must be held by the county.
(d) If there is no provision in the inducement agreement dealing with replacement property, any property placed in service after the five-year period, or seven years in the case of a project which has received an extension time period allowed for investments as provided by subsection (C)(2), is subject to the payments required by Section 4-29-60 if the county has title to the property, or to property taxes as provided in Chapter 37 of Title 12 if the investor has title to the property.
(G)(1) The county and the investor may enter into an agreement to establish the millage rate (millage rate agreement) for purposes of calculating payments under subsection (D)(2)(a) and the first five years under subsection (D)(2)(c). This millage rate agreement must be executed on the date of the inducement agreement or anytime thereafter up to and including the date of the initial lease agreement. This millage rate agreement may be a separate agreement or may be made a part of either the inducement agreement or the initial lease agreement.
(2) The millage rate cannot be lower than the cumulative property tax millage rate legally levied by or on behalf of all taxing entities within which the subject property is to be located which is the cumulative rate applicable on the thirtieth day of June preceding the calendar year in which the millage rate agreement is executed. If no millage rate agreement is executed before the date of the initial lease agreement, the millage rate is deemed to be the cumulative property tax millage rate applicable on the thirtieth day of June preceding the calendar year in which the initial lease agreement is executed by the parties.
(H)(1) Upon agreement of the parties, and except as provided in subsection (H)(2), an inducement agreement, a millage rate agreement, or both, may be amended or terminated and replaced with regard to all matters including, but not limited to, the addition or removal of controlled group members; provided, however, that no such amendment or termination and replacement may take place after the initial lease agreement date.
(2) No amendment or replacement of an inducement agreement or millage rate agreement may be used to change the millage rate, or discount rate, assessment ratio, or length of the agreement under any such agreement. However, existing inducement agreements which have not yet been implemented by the execution and delivery of a millage rate agreement or a lease purchase agreement, may be amended up to the date of execution and delivery of a millage rate agreement or a lease purchase agreement in the discretion of the governing body.
(I) Any and all investment expenditures made or incurred by any investor in connection with a project (or relevant phase thereof in connection with a project completed and placed in service in more than one year) shall qualify as expenditures subject to the fee in subsection (D)(2), so long as such expenditures are made:
(1) after the county takes action reflecting or identifying the project or proposed project or investment including, but not limited to, the adoption of an inducement or similar resolution by county council; and
(2) before the end of the applicable five or seven-year period time period for investments referenced in subsections (C)(2) and (C)(3).
An inducement agreement must be executed within two years after the date on which the county takes action reflecting or identifying the project or proposed project or investment including, but not limited to, the adoption of an inducement or similar resolution by county council; otherwise, only investment expenditures made or incurred by any investor after the date of such inducement agreement in connection with a project shall qualify as expenditures subject to the fee in subsection (D)(2).
(J)(1) Subject to subsection (K), project investment expenditures which are incurred within the applicable time period provided in subsection (I) by an entity whose investments are not being computed in the level of investment for purposes of subsections (B) or (C) shall qualify as investment expenditures subject to the fee in subsection (D)(2) where:
(a) such expenditures are part of the original cost of the property which is transferred, within the applicable time period provided in subsection (I), to one or more other entities which are members of the same controlled group as the transferor entity and whose investments are being computed in the level of investment for purposes of subsections (B) or (C); and
(b) such property would have qualified for the fee in subsection (D)(2) if it had been initially acquired by the transferee entity rather than the transferor entity.
(2) The income tax basis of such property immediately before such transfer must equal the income tax basis of such property immediately after such transfer; provided, however, that to the extent income tax basis of such property immediately after such transfer unintentionally exceeds the income tax basis of such property immediately before such transfer, such excess shall be subject to payments under Section 4-29-60.
(3) The county must agree to any inclusion in the fee of the property described in subsection (J)(1).
(K)(1) Property which has been previously subject to property taxes in South Carolina will not qualify for the fee except as provided in this subsection:
(a) Land, excluding improvements thereon, on which a new project will be located may qualify for the fee even if it has previously been subject to South Carolina property taxes;
(b) Property which has been subject to South Carolina property taxes, but which has never been placed in service in South Carolina, may qualify for the fee; and
(c) Property which has been placed in service in South Carolina and subject to South Carolina property taxes which is purchased in a transaction other than between any of the entities specified in Section 267(b) of the Internal Revenue Code, as defined under Chapter 7 6 of Title 12 as of the time of the transfer, may qualify for the fee provided the fee-paying entity invests at least an additional eighty-five forty-five million dollars in the project.
(2) Repairs, alterations, or modifications to real or personal property which are not subject to a fee will not be eligible for a fee, even if they are capitalized expenditures, except for modifications to existing real property improvements which constitute an expansion of such improvements.
(L)(1) For a project not located in an industrial development park as defined in Section 4-1-170, distribution of the fee in lieu of taxes on the project must be made in the same manner and proportion that the millage levied for school and other purposes would be distributed if the property were taxable. For this purpose, the relative proportions must be calculated based on the following procedure: holding constant the millage rate set in subsection (G) and using all tax abatements automatically granted for taxable property, a full schedule of the property taxes that would otherwise have been distributed to each millage-levying entity in the county must be prepared for the life of the agreement, up to twenty years maximum for the maximum time period allowed under (C)(3). These separate schedules must then be reduced to present value using the discount rate provided under subsection (D)(2)(b). The resulting values for each millage-levying entity as a percentage of the present value total for all such entities The property taxes which would have been paid on the property if it was owned by the investor to each millage-levying entity as a percentage of the total of such property taxes for all such entities determines each entity's relative shares of each year's fee payment for all subsequent years of the agreement.
(2) For a project located in an industrial development park as defined in Section 4-1-170, distribution of the fee in lieu of taxes on the project must be made in the manner provided for by the agreement establishing the industrial development park.
(3) A county or municipality or special purpose district that receives and retains revenues from a payment in lieu of taxes may use a portion of this revenue for the purposes outlined in Section 4-29-68 without the requirement of issuing special source revenue bonds.
(M) As a directly foreseeable result of negotiating the fee, gross revenue of a school district in which a project is located in any year a fee negotiated pursuant to this section is paid, may not be less than gross revenues of the district in the year before the first year for which a fee in lieu of taxes is paid. In negotiating the fee, the parties shall assume that the formulas for the distribution of state aid at the time of the execution of the inducement agreement must remain unchanged for the duration of the lease agreement.
(N) Projects on which a fee in lieu of taxes is paid pursuant to this section are considered taxable property at the level of the negotiated payments 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 Section 59-20-20(3). However, for a project located in an industrial development park as defined in Section 4-1-170, projects are considered taxable property in the manner provided in Section 4-1-170 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 Section 59-20-20(3). Provided, however, that the computation of bonded indebtedness limitation is subject to the requirements of Section 4-29-68(E).
(O)(1)(a) Any corresponding interest in each of an inducement agreement, millage rate agreement, and lease agreement, and property to which the agreement relates, (collectively referred to as a 'fee interest'). representing an investment of at least eighty-five million dollars (based on income tax basis without regard to depreciation, and regardless of whether such investment comprises all or part of a project), may be transferred to any other entity at any time. by an entity to any entity, whether or not such transferred entity is a member of the same controlled group of which the transferor entity is a members, and (n) any or all equity interests, in any partnership, corporation, or other association which properly files its South Carolina income tax returns as partnership or corporation and which has an interest in an inducement agreement, millage rate agreement, and lease agreement (such equity interest collectively and individually referred to as an 'entity interest') may be transferred by any entity to any entity, whether or not such transferee entity is a member of the same controlled group of which the entity in which one or more interests is being transferred is a member, provided that the entity or entities whose entity interest is or are being transferred hold at least an eighty-five million dollar investment (based on income tax basis without regard to depreciation) in the project as of the time of the transfer.
(2) Except for transfers pursuant to subsections (P) or (Q), no transfer of a fee interest or entity interest may be undertaken:
(a) until twenty-four months after the project has been placed in service, or relevant portion thereof in the case of a project placed in service in more than one year; or
(b) within twenty-four months after a prior transfer of the fee interest or entity interest to be transferred.
Provided, however, the running of such applicable twenty-four month period shall be suspended for any period during which a transferor's (under subsection (O)(2)(a)) or transferee's (under subsection (O)(2)(b)) risk of loss with respect to the fee interest or entity interest to be transferred is in fact substantially diminished by:
(i) the holding by any entity of a contractual right to require any transfer of such interest by an entity which is not a member of the transferor's (under subsection (O)(2)(a)) or transferee's (under subsection (O)(2)(b)) controlled group;
(ii) the holding by any entity which is not a member of the transferor's (under subsection (O)(2)(a)) or transferee's (under subsection (O)(2)(b)) controlled group of a right to acquire the interest; or
(iii) a short sale or any similar transaction with respect to the interest which is undertaken by the transferor (under subsection (O)(2)(a)) or transferee (under subsection (O)(2)(b)) which is not a member of any such transferee's or transferor's controlled group.
A single entity, or two or more entities which are members of a controlled group, may enter into any lending, financing, security or similar arrangement, or succession of such arrangements, with any financing entity, concerning all or part of a project and may enter into any sale-leaseback arrangement, including without limitation, an assignment, a sublease, or similar arrangement, or succession of such arrangements, with one or more financing entities, concerning all or part of a project, regardless of the identity of the income tax owner of the property which is subject to the fee payment under subsection (D)(2). Even though income tax basis is changed for income tax purposes, neither the original transfer to the financing entity nor the later transfer from the financing entity back to the original transferor or members of its controlled group, pursuant to terms in the sale-leaseback agreement, affects the amount of the fee due.
(3) All transfers undertaken with respect to the project to effect a financing of fee interests or entity interests authorized under subsection (O)(1) must meet the following requirements:
(a) The county must approve such transfer within six months prior to the transfer. The Department of Revenue and Taxation must receive notification in writing within sixty days after the transfer of the identity of each transferee and other information required by the department with the appropriate returns. Failure to meet this notice requirement will not adversely affect the fee, but a penalty may be assessed by the department for late notification for up to ten thousand dollars a year or portion of a year up to a maximum penalty of one hundred twenty thousand dollars.
(b) The Department of Revenue and Taxation must receive notification in writing of the identity of each transferee and other information required by the Department of Revenue and Taxation within thirty days after the transfer becomes effective. The Department of Revenue and Taxation may extend the thirty-day period upon written request. Failure to meet this notice requirement will not adversely the fee, but a penalty may be assessed by the Department of Revenue and Taxation for late notification for up to ten thousand dollars a month or portion of a month, with the total penalty not to exceed one hundred twenty thousand dollars. If the financing entity is the income tax owner of property, either the financing entity is primarily liable for the fee as to that portion of the project to which the transfer relates with the original transferor remaining secondarily liable for the payment of the fee or the original transferor must agree to continue to be primarily liable for the payment of the fee as to that portion of the project to which the transfer relates.
(c) No election under Internal Revenue Code of 1986, as amended, Sections 338 or 754 may be made with respect to the transfer.
(4) All transfers of fee interests authorized under subsection (O)(1) must meet the following additional requirements:
(a) The transferor must pay the county any present value fee differential (as defined under subsection (O)(5) within ninety days after the transfer. Failure to make this payment will result in interest and penalties computed in the same manner and amounts applicable to property tax.
(b) Each transferee must agree to be bound by the applicable agreements constituting the fee arrangement as to that portion of the project to which the transfer relates.
(c) The income tax basis of property interests which are subject to the fee in the hands of the transferee immediately after such transfer (i) cannot exceed the original income tax basis of such property without regard to depreciation) in the hands of the transferor and (ii) cannot be less than the income tax bases of such property (taking depreciation into account) in the hands of the transferor immediately before transfer. The fee to be paid under subsection (D) with respect to such transferred property interests for the remaining term of the fee shall be recomputed using the transferee's income tax basis immediately after the transfer; the same millage rate and discount rate used by the transferor; and the fee payment method provided under subsection (D)(2)(a); provided, however, that if the pre-transfer fee payments were made under subsection (D)(2)(c), then post-transfer fee payments must be made under subsection (D)(2)(c), but without any present value method applicable to such payments. Before an investor may transfer an inducement agreement, millage rate agreement, lease agreement or the assets subject to the lease agreement, it must obtain the approval of the county with which it entered into the original inducement agreement, millage rate agreement, or lease agreement. However, no such approval is required in connection with financing-related transfers.
(5) The present value fee differential shall mean the amount by which the fee that would have been paid under subsection (D)(2)(a) with respect to the transferred fee interest until the time of the transfer exceeds the amount which was paid under subsection (D)(2)(b) or (D)(2)(c) until such time with respect to such fee interest. If the investor used the method provided in subsection (D)(2)(c), the millage rate provided in subsection (D)(2)(c) must be used to calculate the amount which would have been paid under subsection (D)(2)(a). If subsection (D)(2)(b) is not applicable to such fee interest, or if no present value fee computation was used under subsection (D)(2)(c), no present value fee differential shall be required to be paid on a transfer thereof.
(P) Reserved.
(1) Any interests in an inducement agreement, millage rate agreement, or lease agreement (collectively and individually referred to as a "group fee interest") may be transferred by any entity to:
(a) any corporation which is a member of the same controlled group as the transferring corporation;
(b) any corporation which is a member of the same controlled group as all of the partners comprising the transferring partnership;
(c) any partnership all of the partners of which are members of the same controlled group of which the transferring corporation is a member; and
(d) any partnership all of the partners of which are members of the same controlled group as all of the partners comprising the transferring partnership.
(2) Transfers of group fee interests authorized under subsection (P)(1) must meet the requirements set forth in subsection (O)(3) and (O)(4); provided, however, in connection with subsection (O)(4)(c), to the extent a present value fee payment computation was used by the transferor, the transferee may, if the county agrees, use a fee payment method based on any present value fee payment method provided under subsection (D)(2). In addition, such transfers must involve at least a ten million dollar portion of the project investment or proposed investment (based on income tax basis without regard to depreciation).
(3) Any transfer of an interest in an inducement agreement must include a transfer of a corresponding interest in a millage rate agreement, if any, and lease agreement, if any; any transfer of an interest in a millage rate agreement must include a transfer of a corresponding interest in an inducement agreement, and lease agreement, if any; and any transfer of an interest in a lease agreement must include a transfer of a corresponding interest in an inducement agreement and millage rate agreement.
(4) One or more members of a controlled group, or a partnership all of the partners of which are members of the same controlled group, having an interest in a fee may enter into a sublease, concerning some or all of the project, with any other member of such controlled group, or with any partnership all the partners of which are members of such controlled group, without adversely affecting the fee and without regard to the other provisions of this subsection (P); provided, however, that such sublease may not transfer income tax ownership (as defined under subsection (S)) to the portion of the project which is the subject of the sublease, unless the applicable provisions of subsection (P) have been met.
(Q) Reserved.
(1) Any or all equity interests in any partnership, corporation, or other association which properly files its South Carolina income tax returns as a partnership or corporation and which has an interest in an inducement agreement, millage rate agreement, lease agreement, or any or all of the foregoing (such equity interests collectively and individually referred to as a "group entity interest") may be transferred to:
(a) any corporation which is a member of the same controlled group as the corporation in which an interest is being transferred;
(b) any corporation which is a member of the same controlled group as all of the partners comprising the partnership in which an interest is being transferred;
(c) any partnership in which all of the partners are members of the same controlled group as the corporation in which an interest is being transferred; and
(d) any partnership in which all of the partners are members of the same controlled group as all of the partners comprising the partnership in which an interest is being transferred.
(2) Transfers of group entity interests authorized under subsection (Q)(1) must meet the requirements set forth in subsection (O)(3).
(R) For purposes of subsections (O)(1)(a) and (P), and subject to subsection (U), each transferee shall, with respect to a project which is the subject of a transfer, shall be considered to have made amounts of qualified investments represented by the property interest which is subject to the fee and which is transferred, without regard to depreciation.
(S) Reserved.
(1) Notwithstanding anything in subsections (O), (P), and (Q), a single entity, or two or more entities which are members of a controlled group, may enter into any lending, financing, security or similar arrangement, or succession of such arrangements, with any financing entity, concerning all or part of a project, provided that the income tax ownership of the property which is subject to the fee payment under subsection (D)(2) is held, by the time the fee payments relating to such property begin under subsection (D)(2), by:
(a) the entity, or one or more members of the controlled group, which entered into the inducement agreement with the county;
(b) one or more transferees permitted under subsection (O)(1)(a) or (P); or
(c) one or more of the entities referenced in items (a) and (b).
Without limiting the foregoing, pursuant to any such arrangement or arrangements, the inducement agreement may permit one or more financing entities: (i) to make investments on behalf of such income tax owner or owners which will qualify for the fee once the property acquired by such investment is transferred to the county and leased or subleased pursuant to the requirements of this section; (ii) to transfer title to property to the county; and (iii) to enter into a lease agreement with the county for the project or portion of the project, provided the property which is subject to the fee is leased or subleased, by the time the fee payments relating to such property begin under subsection (D)(2), to the entity or entities which will be treated as the income tax owners of the project. After the transfer of title to the county and before subsection (D)(2) fee payments begin, subsection (D)(1) fee payments must be made.
(2) Notwithstanding anything in subsections (B), (O), (P), (Q), (S)(1), and (U), a single entity, or two or more entities which are members of a controlled group (the "original transferor"), may enter into any sale-leaseback arrangement (including, without limitation, an assignment, a sublease, or similar arrangement), or succession of such arrangements, with one or more financing entities, concerning all or part of a project, regardless of the identity of the income tax owner of the property which is subject to the fee payment under subsection (D)(2), provided that such sale-leaseback is executed prior to or contemporaneously with the time that fee payments under subsection (D)(2) begin with respect to property which is the subject of a sale-leaseback. Even though income tax basis is changed for income tax purposes, neither the original transfer to the financing entity nor the later transfer from the financing entity back to the original transferor or members of its controlled group, pursuant to terms in the sale-leaseback agreement, will affect the amount of the fee due. Nothing in this subsection (S)(2) shall prohibit a sale-leaseback where income tax ownership of the property which is subject to the fee payment under subsection (D)(2) is held only by the entities identified in subsection (S)(1).
(3) All transfers undertaken with respect to the project to effect a financing authorized under subsection (S)(2) must meet the following requirements:
(a) The county must approve such transfer in advance.
(b) The Department of Revenue and Taxation must receive notification in writing of the identity of each transferee and other information required by the Department of Revenue and Taxation within thirty days after the transfer becomes effective. The Department of Revenue and Taxation may extend such thirty-day period upon written request. Failure to meet this notice requirement will not adversely affect the fee, but a penalty may be assessed by the Department of Revenue and Taxation for late notification for up to ten thousand dollars a month or portion of a month up to a maximum penalty of one hundred twenty thousand dollars.
(c) If the financing entity is the income tax owner of property, the financing entity will be primarily liable for the fee as to that portion of the project to which the transfer relates. The original transferor must also agree to continue to be secondarily liable for the payment of the fee as to that portion of the project to which the transfer relates.
(d) Subsections (O) and (U) will apply to the extent:
(i) the financing entity transfers a fee interest to anyone other than the original transferor or one or more members of its controlled group, or
(ii) the lease to the original transferor is terminated and the fee interest is not transferred back to the original transferor or one or more members of its controlled group.
In addition, within ninety days of the occurrence of items (i) and (ii) in the immediate preceding sentence, the original transferor must pay the county any present value differential as defined in subsection (O)(5).
(4) For purposes of this subsection (S):
(a) The income tax owner of property shall mean the entity or entities which are entitled to depreciation deductions for such property for South Carolina income tax purposes.
(b) Financing entity shall include any entity or entities.
(c) Fee interest shall include any fee interest as defined in subsection (O) and any group fee interest as defined in subsection (P).
(5) The manner in which an arrangement is reported under generally accepted accounting principles shall not adversely affect the authorization of such an arrangement under this section.
(T) No inducement agreement, millage rate agreement, or lease agreement, nor the rights of any entity pursuant to any such agreement, including without limitation the availability of the subsection (D)(2) fee, shall be adversely affected if the bonds issued pursuant to any such agreement are purchased by one or more of the entities which are or become parties to any such agreement.
(U) Notwithstanding any other provision of this section to the contrary, if at any time following the period provided in subsection (C)(2), the investment based on income tax basis without regard to depreciation falls below the eighty-five forty-five million dollar minimum investment to which the fee relates and is held by an entity or controlled group of entities, the fee provided in subsection (D)(2) is no longer available and the investor is required to make the payments which are due under Section 4-29-60 for the remainder of the lease period."
B.(1) Section 4-29-67(Z) of the 1976 Code, as added by Act 497 of 1994, is amended to read:
"(Z) Reserved. Notwithstanding any provision of Section 4-29-60 or this section:
(1) If at least two hundred new full-time jobs are created within the time period for qualifying expenditures set forth in subsection (I), the minimum level of investment required in order for property to qualify for the payment in lieu of taxes (fee) as provided in this section is sixty million dollars.
(2) If at least three hundred new full-time jobs are created within the time period for qualifying expenditures set forth in subsection (I), the minimum level of investment required in order for property to qualify for the payment in lieu of taxes (fee) as provided in this section is forty million dollars.
(3) If at least four hundred new full-time jobs are created within the time period for qualifying expenditures set forth in subsection (I), the minimum level of investment required in order for property to qualify for the payment in lieu of taxes (fee) as provided in this section is twenty million dollars.
(4) If the dollar amount in item (1), (2), or (3) applies, the applicable amount is substituted for each reference in this section to eighty-five million dollars.
(5) For purposes of this subsection, the terms 'full-time' and 'new job' are defined as provided in Section 12-7-1220."
(2) This item is effective January 1, 1996.
C. The provisions amending Section 4-29-67 of the 1976 Code contained in this section are effective for lease agreements entered into after December 31, 1995. The provisions affecting Section 4-29-67(B)(3), (H), and (O) of the 1976 Code are effective for lease agreements entered into before December 31, 1995, and the investor and a county having a lease agreement that was entered into before December 31, 1995, may amend the agreement to allow for the provisions in subsections (B)(3), (H), and (O). If an investor fails to qualify for the benefits provided under Section 4-29-67 of the 1976 Code because the investor fails to make the minimum investment required under that provision of law, then if and to the extent allowed pursuant to any applicable agreement between the company and county, the company is entitled to the benefits provided under Chapter 12, Title 4 of the 1976 Code.
SECTION 10. A. Section 12-6-2320(B) of the 1976 Code, as last amended by Act 32 of 1995, is further amended to read:
"(B) (1) For the purposes of this chapter, the department may enter into an agreement with the taxpayer establishing the allocation and apportionment of the taxpayer's income for a period not to exceed five years, if the following conditions are met:
(1) (a) the taxpayer is planning a new facility in this State or an expansion of an existing facility;
(2)(b) the taxpayer asks the department to enter into a contract under this subsection reciting an allocation and apportionment method; and
(3)(c) after reviewing the taxpayer's proposal and planned new facility or expansion, the Advisory Coordinating Council for Economic Development certifies that the new facility or expansion will have a significant beneficial economic effect on the region for which it is planned and that its benefits to the public exceed its costs to the public. It is within the Advisory Coordinating Council for Economic Development's sole discretion to determine whether a new facility or expansion has a significant economic effect on the region for which it is planned.
(2) For the purposes of this subsection the word 'taxpayer' includes any one or more of the members of a controlled group of corporations authorized to file a consolidated return under Section 12-6-5020."
B. This section is effective April 4, 1995.
SECTION 11. A. Section 12-6-3360 of the 1976 Code, as last amended by an act of 1996 bearing ratification number 234, is further amended to read:
"Section 12-6-3360. (A) Taxpayers that operate manufacturing, tourism, processing, warehousing, distribution, certain health services, research and development, and corporate office facilities are allowed an annual job tax credit as provided in this section. In addition, taxpayers that operate retail facilities and service related industries qualify for an annual jobs tax credit in counties designated as least developed. Credits under this section can may be claimed against income taxes imposed by Section 12-6-530 and, insurance premium taxes imposed pursuant to Chapter 7 of Title 38, and bank taxes imposed pursuant to Chapter 11 of Title 12 and are limited in use to fifty percent of the taxpayer's South Carolina corporate income tax, or insurance premium tax, or bank tax liability. For purposes of the credit against bank taxes, it is available only for jobs created at the corporate headquarters of the bank. Corporate headquarters has the same meaning provided in Section 12-6-3410. In computing any tax payable by a taxpayer under Section 38-7-90, the credit allowable under this section must be treated as a premium tax paid under Section 38-7-20.
(B) The department shall rank and designate the state's counties by December thirty-first each year using data from the South Carolina Employment Security Commission and the United States Department of Commerce. The counties are ranked using data from the most recent thirty-six month period with equal weight given to unemployment rate and per capita income as follows:
(1) The sixteen twelve counties with a combination of the highest unemployment rate and lowest per capita income are designated less least developed counties.
(2) The fifteen twelve counties with a combination of the next highest unemployment rate and next lowest per capita income are designated moderately under developed counties.
(3) The fifteen eleven counties with a combination of the lowest next highest unemployment rate and the highest next lowest per capita income are designated moderately developed counties.
(4) The eleven counties with a combination of the lowest unemployment rate and the highest per capita income are designated developed counties. The designation by the department is effective for corporate taxable years which begin after the date of designation.
(5)(a) A county, any portion of which is located within twenty miles of the boundaries of an applicable military installation or applicable federal facility as defined in Section 12-6-3450(1), shall receive the benefits of the next increased credit designation for five years beginning with the year in which the military installation or federal facility became an applicable military installation or applicable federal facility as defined in Section 12-6-3450(1), with the additional requirement that the military installation must have reduced employment on the installation of at least three thousand employees.
(b) For a county in which is located an applicable military installation or applicable federal facility meeting the requirements for the increased credit provided in subitem (a) of this item, the credit allowed is two tiers higher than the credit for which the county would otherwise qualify for five years beginning with the year the installation or facility meets the requirements.
(C) Subject to the conditions provided in subsection (N) of this section, a job tax credit is allowed for five years beginning in year two after the creation of the job for each new full-time job created if the minimum level of new jobs is maintained. The credit is only available to taxpayers that increase employment by ten or more full-time jobs, and no credit is allowed for the year or any subsequent year in which the net employment increase falls below the minimum level of ten. The amount of the initial job credit and the minimum level of new jobs required is as follows:
(1) One Four thousand five hundred dollars for each new full-time job created in less least developed counties. The credit is only available to taxpayers that increase employment by ten or more, and no credit is allowed for the year or any subsequent year in which the net employment increase falls below the minimum level of ten.
(2) Six Three thousand five hundred dollars for each new full-time job created in moderately under developed counties. The credit is only available to taxpayers that increase employment by eighteen or more, and no credit is allowed for the year or any subsequent year in which the net employment increase falls below the minimum level of eighteen.
(3) Three Two thousand five hundred dollars for each new full-time job created in moderately developed counties. The credit is only available to taxpayers that increase employment by fifty or more, and no credit is allowed for the year or any subsequent year in which the net employment increase falls below the minimum level of fifty.
(4) One thousand five hundred dollars for each new full-time job created in developed counties.
(D) If the taxpayer qualifying for the new jobs credit under subsection (C) creates additional new full-time jobs in years two through six, the taxpayer may obtain a credit for those new jobs for five years following the year in which the job is created. The amount of the credit for each new full-time job is the same as provided in subsection (C).
(E) Taxpayers which qualify for the job tax credit provided in subsection (C) and which are located in a business or industrial park jointly established and developed by a group of counties pursuant to Section 13 of Article VIII of the Constitution of this State are allowed:
(1) the credit in subsections (B) and (C) based on the location of any county in the group which qualifies for the largest credit regardless of whether the corporation is actually located in another of the participating counties; and
(2) an additional five hundred one thousand dollar credit for each new full-time job created. This additional credit is permitted for five years beginning in the taxable year following the creation of the job.
(F) The number of new and additional new full-time jobs is 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 monthly average in the prior taxable year. For purposes of calculating the monthly average number of full-time employees in the first year of operation in this State, a taxpayer may use the actual months in operation or a full twelve-month period. If a taxpayer's business is only in operation for less than twelve months a year, the number of new and additional new full-time jobs is determined using the monthly average for the months the business is in operation.
(G) Except for credits carried forward under subsection (H), the credits available under this section are only allowed for the job level that is maintained in the taxable year that the credit is claimed. If the job level for which a credit was claimed decreases, the five-year period for eligibility for the credit continues to run.
(H) A credit claimed under this section but not used in a taxable year may be carried forward fifteen years from the taxable year in which the credit is earned by the taxpayer. Credits which are carried forward must be used in the order earned and before jobs credits claimed in the current year.
(I) The merger, consolidation, or reorganization of a taxpayer where tax attributes survive does not create new eligibility in a succeeding taxpayer, but unused job tax credits may be transferred and continued by the succeeding taxpayer subject to the limitations of Section 12-6-3320. In addition, a taxpayer may assign its rights to its jobs tax credit to another taxpayer if it transfers all, or substantially all, of the assets of the taxpayer or all, or substantially all, of the assets of a trade or business or operating division of a taxpayer related to the generation of the jobs tax credits to that taxpayer if the required number of new jobs is maintained for that amount of credit. No taxpayer is allowed a jobs tax credit if the net employment increase for that taxpayer falls below ten for a less developed county, eighteen for a moderately developed county, or fifty for a developed county. The appropriate agency shall determine whether or not qualifying net increases or decreases have occurred and may require reports, promulgate rules or regulations, and hold hearings needed for substantiation and qualification.
(J) For a taxpayer which plans a significant expansion in its labor forces at a location in this State, the appropriate agency shall prescribe certification procedures to ensure that the taxpayer can claim credits in future years even if a particular county is removed from the list of less least developed, under developed or moderately developed counties.
(K) (1) In addition to those credits allowed under subsection (C) of this section a corporation, partnership, or limited liability company that qualifies for a credit under this section as an S corporation, partnership, or limited liability company, entitles each shareholder of the S corporation, partner of the partnership, or member of the limited liability company to a nonrefundable credit against taxes imposed pursuant to Section 12-6-510.
(2) The amount of the credit allowed a shareholder, partner, or owner of a limited liability company by this subsection is equal to the shareholder's percentage of stock ownership, partner's interest in the partnership, or member's interest in the limited liability company for the taxable year multiplied by the amount of the credit the taxpayer would have been entitled to if it were taxed as a corporation.
(3) A credit claimed under this subsection but not used in a taxable year may be carried forward for ten fifteen years from the close of the tax year in which the credit is earned by the S corporation, partnership, or limited liability company. However, the credit established by this section taken in one tax year may not exceed fifty percent of the taxpayer's tax liability under Section 12-6-510.
(L) Notwithstanding any other provision of this section, a county with a population under twenty thousand as determined by the 1990 United States Census shall receive the next increased credit designation is considered a less developed county for purposes of the credit allowed by this section.
(M) As used in this section:
(1) 'Taxpayer' means a sole proprietor, partnership, corporation of any classification, limited liability company, or association taxable as a business entity which is subject to South Carolina taxes as contained in Sections 12-6-510 and 12-6-530 and Chapter 7 of Title 38.
(2) 'Appropriate agency' means the Department of Revenue and Taxation for corporations subject to tax under Section 12-6-530 and the Department of Insurance for corporations subject to the premium tax under Chapter 7 of Title 38.
(3) 'New job' means a job created in this State at the time a new facility or an expansion is initially staffed. The term does not include a job created when an employee is shifted from an existing location in this State 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.
(4) '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. For the purposes of this section, two half-time jobs are considered one full-time job. A 'half-time job' is a job requiring a minimum of twenty hours of an employee's time a week for the entire normal year of the company's operations or a job requiring a minimum of twenty hours of an employee's time a week for a year in which the employee was hired initially for or transferred to the South Carolina facility.
(5) 'Manufacturing facility' means an establishment where tangible personal property is produced or assembled.
(6) 'Processing facility' means an establishment engaged in services such as manufacturing-related, computer-related, communication-related, energy-related, or transportation-related services, but the term 'processing facility' does not include an establishment where retail sales of tangible personal property or services are made to retail customers. The term also includes a business entity engaged in processing agricultural, aquacultural, or maricultural products.
(7) 'Warehousing facility' means an establishment where tangible personal property is stored but does not include any establishment where retail sales of tangible personal property are made to retail customers.
(8) 'Distribution facility' means an establishment where shipments of tangible personal property are processed for delivery to customers. The term does not include an establishment where retail sales of tangible personal property are made to retail customers except for a facility which processes customer sales orders by mail, telephone, or electronic means, if the facility 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 of South Carolina.
(9) '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. The term 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.
(10) '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. The term does not include an establishment where retail sales of tangible personal property or retail services are made to retail customers except for a facility which processes customer sales orders by mail, telephone, or electronic means, if the facility 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 of this State.
(11) The terms 'retail sales' and 'tangible personal property' for purposes of this section are defined in Chapter 36 of this title.
(12) 'Tourism facility' means an establishment used for a theme park; amusement park; historical, educational, or trade museum; botanical garden; cultural center; theater; motion picture production studio; convention center; arena; auditorium; hotels; motels; or a spectator or participatory sports facility; 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.
(13) 'Certain health services' means engagement in an activity or activities listed under the Standard Industrial Classification (SIC) Code 80 according to the Federal Office of Management and Budget Standard Industrial Classification Manual 1987 edition.
(N) The maximum aggregate credit that may be claimed in any tax year for a single employee under this section and Section 12-6-3470(A)(1) is five thousand five hundred dollars."
B. The amendments to Section 12-6-3360 of the 1976 Code as amended by this section are effective for taxable years beginning after 1995, and in the case of qualifying jobs created after 1995, these jobs are not subject to a pre-existing revitalization agreement. For the purposes of Section 12-6-3360(B)(5) of the 1976 Code as amended by this section, the five-year period begins at the later of the date specified in Section 12-6-3360(B)(5) or the general effective date of this act.
SECTION 12. A. Section 12-6-3440 of the 1976 Code, as last amended by Act 40 of 1995, is further amended to read:
"Section 12-6-3440. (A) A taxpayer who employs persons who are residents of this State in any capacity may claim as a credit against his state income tax, bank tax, or premium tax liability an amount equal to fifty percent of his capital expenditures in this State but no more than one hundred thousand dollars for costs incurred in establishing a child care program for his employees. A credit claimed under this section, but not used or available for use in a taxable year, may be carried forward for the next ten taxable years from the close of the tax year in which the expenditures are made until the amount of the credit is taken.
(B) For purposes of this section, 'expenditures for costs incurred in establishing a child care program' includes, but is not limited to, expenditures, including mortgage or lease payments, for playground and classroom equipment, kitchen appliances, cooking equipment, real property, including improvements in this State, and donations to a nonprofit corporation as defined in Internal Revenue Code Section 501(c)(3) for purposes of establishing a child care program. If credit is taken for donations by a corporation, a deduction to arrive at the net income of the corporation is not allowed. The program and operation of the program must meet the licensing, registration, or certification standards prescribed by law.
(C) The taxpayer under subsection (A) also is allowed as a credit against his state income tax, bank tax, or premium tax liability an amount not exceeding fifty percent of the child care payments incurred by the taxpayer to operate a child care program for his employees in this State, or made directly to licensed or registered independent child care facilities in the name of and for the benefit of an employee in this State of the taxpayer, which employee's children are kept at the facility during the employee's working hours. The payment may not exceed the amount charged to other children of like age and abilities of individuals not employed by the taxpayer. The credits allowed by this subsection may not exceed a maximum of three thousand dollars for each employee.
Where an employee in this State chooses to utilize the provisions of this subsection which authorize direct payments to licensed child care facilities not operated by the employer, expenses attendant to the organization and administration of such a direct payment program incurred in the first year are also considered start-up expenses or expenditures for establishing a child care program for purposes of the fifty percent tax credit for start-up expenses authorized by subsection (A).
(D) For purposes of the credits allowed by subsection (B), the taxpayer is required to retain information concerning the child care facility's federal identification number, license or registration number, payment amount, and in whose name and for whose benefit the payments were made. In addition, a taxpayer is allowed to include in the amount of the payment for calculation of the credit any administrative cost associated with payment to licensed or registered independent child care facilities not to exceed two percent.
(E) The credits established by this section taken in any one tax year are also limited to an amount not greater than fifty percent of a taxpayer's state income tax, bank tax, or premium tax liability for that year.
(A)(1) A taxpayer located in this State may claim a credit against state income tax, bank tax, or premium tax liability for all expenditures incurred, acting independently or jointly with others, in establishing a child care program in this State for children of employees in this State.
(2) The amount of the credit is equal to fifty percent of all the expenditures incurred, but may not exceed a maximum of one hundred thousand dollars in total. Any unused credit may be carried forward for ten years.
(B) For purposes of this section, 'expenditures incurred in establishing a child care program', include:
(1) payments of mortgage and lease expenses for child care facilities;
(2) payments for playground and classroom equipment;
(3) payments for kitchen appliances and cooking equipment;
(4) payments for real property located in this State, including any improvements thereto that are used to provide child care facilities; and,
(5) donations to a nonprofit corporation as defined in Internal Revenue Code Section 501(c)(3) for purposes of establishing a child care program in this State.
If the credit allowed under subsection (A) is claimed for donations made to a nonprofit corporation, a taxpayer may not also claim a charitable deduction for the amounts donated.
(C)(1) Taxpayers who pay for child care for their employees in this State are also entitled to an additional credit for any of the following:
(a) Expenses incurred by the taxpayer to operate a child care program for taxpayers' employees' children;
(b) Payments made directly to a licensed or registered independent child care facility pursuant to a written plan in the name of, and for the benefit of, taxpayers' employees' children; or
(c) Payments made by a taxpayer directly to an employee pursuant to a written plan to reimburse employees for payments made to a licensed or registered independent child care facility for child care provided to taxpayers' employees' children.
(2) In order to qualify for the credit, the employee must work in this State.
(3) The payments made under (1)(b) and (1)(c) above must be for the care of children during the employee's working hours and may not exceed the amount charged to other children of individuals not employed by the taxpayer.
(4) A taxpayer is allowed to include in the amount of payment for calculation of the credit, any administrative costs associated with the payments made under subsections (1)(b) and (1)(c) above, however, these administrative expenses may not exceed two percent of the total amount paid under (1)(b) and (1)(c) above.
(5) The credit allowed by this subsection is equal to fifty percent of the expenses incurred or payments made during the tax year, but may not exceed a maximum of three thousand dollars for each employee.
(D) The credits established by this section taken in any one tax year are also limited to an amount not greater than fifty percent of a taxpayer's state income tax, bank tax, or premium tax liability for that year.
(E) For purposes of the credit allowed by items(C)(1) above, the taxpayer is required to retain information concerning the child care facility's federal identification number, license or registration number, payment amount, and in whose name and for whose benefit the payments were made or reimbursed."
B. This section is effective for tax years beginning after 1995.
SECTION 13. A. Items (1), (2), and (4) of Section 12-6-3450(A) of the 1976 Code, as added by Act 76 of 1995, are amended to read:
"(1)(a) 'Applicable federal military installation' means a federal military installation or other facility which is closed or realigned under:
(a)(i) The Defense Base Closure and Realignment Act of 1990;
(b)(ii) Title II of the Defense Authorization Amendments and Base Closure and Realignment Act; or
(c)(iii) Section 2687 of Title 10, United States Code.
(b) 'Applicable federal facility' means a federal facility that has reduced its permanent employment by three thousand or more jobs after December 31, 1990.
(2) 'Economic impact region' means a county or municipality, any portion of which is located within twenty-five miles of the boundaries of an applicable federal military installation or applicable federal facility, and any area not otherwise included as part of the economic impact region if the Division of State Development of the Department of Commerce determines the area to be adversely impacted by the closing or realignment of an applicable federal military installation or applicable federal facility;
(4)(a) 'Qualified wages' include, with respect to an individual, only wages attributable to services rendered during the one year beginning with the day the individual first works for an employer after becoming a terminated employee.
(b) Qualified wages for a taxable year may not exceed seven ten thousand dollars.
(c) Qualified wages do not include wages paid for services performed as an employee of the federal government or an agency or instrumentality of the federal government."
B. This section is effective for taxable years beginning after 1995.
SECTION 14. A. Section 12-6-3470 of the 1976 Code, as added by Act 102 of 1995, is amended to read:
"Section 12-6-3470. (A) A taxpayer, who employs a person who within twelve months of becoming employed received Aid to Families with Dependent Children and who continuously has remained employed for twelve months is allowed a credit against taxes due under this chapter for wages paid to the employee in an amount equal to payments within this State for three months before becoming employed is eligible for an income tax credit of:
(1) twenty percent of the wages up to five thousand dollars paid for the first year to the employee for each full month of employment for the first twelve months of employment;
(2) fifteen percent of the wages up to five thousand dollars paid for the second year to the employee for each full month of employment during the second twelve months of employment;
(3) ten percent of the wages up to five thousand dollars paid for the third year to the employee for each full month during the third twelve months of employment.
The maximum aggregate credit that may be claimed in a tax year for a single employee under this subsection and Section 12-6-3360 is five thousand five hundred dollars.
(B) In addition to the credits provided for in subsection (A) and Section 12-6-3360, a taxpayer who employs a person who received AFDC payments within this State for three months before becoming employed and employs that person to work full time in a least developed county, as defined in Section 12-6-3360, is allowed a credit in an amount equal to one hundred seventy-five dollars for each full month during the first thirty-six months of employment.
(C) The income tax credit provided by subsection (A) shall is not be allowed unless the taxpayer also makes available full individual or participating family health care coverage for the benefit of each qualified employee for which the credit is claimed earned.
(C) (D) The Department of Social Services and the South Carolina Employment Security Commission must make information available to employers interested in hiring AFDC recipients and must provide documentation to employers verifying a person's status as an AFDC recipient.
(D) This section applies to tax years beginning after 1994.
(E) No income tax credit provided for in subsection (A) may be taken under this section if the position filled by the former AFDC recipient was made available due to the termination or forced resignation of an employee for the purpose of obtaining the tax credit. Nothing in this section creates a private cause of action which does not otherwise exist at law.
(F) A credit claimed under this section but not used in a taxable year may be carried forward fifteen years from the taxable year in which the credit is earned."
B. This section is effective for taxable years beginning after 1995.
SECTION 15. Section 12-10-20 of the 1976 Code, as added by Act 25 of 1995, is amended by adding at the end:
"(4) The state's per capita income has not reached the United States average and certain rural, less developed counties have not experienced capital investment, per capita income, and job growth at a level equal to the state's average. The economic well-being of these areas will not be sustained without significant incentive to induce capital investment and job creation."
SECTION 16. Section 12-10-30(7) of the 1976 Code, as added by Act 25 of 1995, is amended to read:
"(7) Reserved.'Services' means engagement primarily in an activity or activities listed under the Standard Industrial Classification (SIC) Code 80 according to the Federal Office of Management and Budget Standard Industrial Classification Manual 1987 edition."
SECTION 17. Section 12-10-40 of the 1976 Code, as last amended by Act 145 of 1995, is further amended to read:
"Section 12-10-40. Annually, by December thirty-first, using the most current data available, the State Budget and Control Board shall designate the enterprise zones within this State as provided in this section. Each enterprise zone must be located in this State and meet one of the following criteria:
(1) consist of a census tract in which either the median household income is eighty percent or less of the state average, or at least twenty percent of households are below the poverty level according to the most recent United States census;
(2) consist of a county classified as less developed pursuant to Section 12-7-1220;
(3) be located in a federal military base or installation which was closed, or designated to be closed, or in a federal facility in which the permanent employment was reduced by three thousand or more jobs after December 31, 1990;
(4) consist of a census tract with at least one hundred manufacturing jobs, at least fifty percent of which are textile and apparel jobs;
(5) consist of a census tract where a manufacturing facility has closed or experienced permanent layoffs and notified the Employment Security Commission under the federal Worker Adjustment and Retaining Notification (WARN) Act of 1988. The enterprise zone designation applies only for five years after the date of closure or layoff, and the number of jobs permanently lost must equal twenty-five percent or more of the total manufacturing workforce in the tract at the time the layoff occurred. The job loss shall have occurred no more than five years prior to the effective date of this chapter, except in any census tract where a catastrophic loss of one thousand or more jobs from a single employer has occurred since 1980 and fewer than half the job losses have been replaced. Any such tract will remain an enterprise zone until at least half the catastrophic job losses have been replaced. Where a municipality in which the catastrophic job loss occurred is split by census tracts, each tract containing any part of the municipality meets the catastrophic job loss criteria;
(6) consist of a census tract, any part of which is within twenty miles of a federal facility that has reduced its permanent civilian employment by three thousand or more jobs after December 31, 1990, for ten years after the effective date of this chapter;
(7) consist of a census tract in which a penal institution operated by the South Carolina Department of Corrections has closed; or
(8) consist of a research park established pursuant to Section 13-17-30 while the park is operated or controlled by the South Carolina Research Authority. The amount of benefits available to qualified businesses is determined by the county designation as defined in Section 12-6-3360(B), in which the business is located."
SECTION 18. Section 12-10-50 of the 1976 Code, as added by Act 25 of 1995, is amended to read:
"Section 12-10-50. To qualify for the benefits provided in this chapter, a business must be located within an enterprise zone this State and satisfy the following criteria:
(1) it must be primarily engaged in a business of the type identified in Section 12-7-1220, 12-6-3360 or in the alternative it must be primarily engaged in a business providing services as defined in Section 12-10-30;
(2) the business in the enterprise zone shall provide a benefits package to full-time employees which includes health care;
(3) the qualifying business shall enter into a revitalization agreement which is approved by the council, except that no revitalization agreement is required for a qualifying business with respect to Sections 12-10-70(2), 12-10-70(3), and Section 12-10-80(D); and
(4) the council shall determine that the available incentives are appropriate for the project, and the council shall certify to the department that the total benefits of the project exceed the costs to the public, and that the qualifying business otherwise fulfills the requirements of this chapter. No provision of this chapter must be construed to allow the council to negotiate a fee-in-lieu of property taxes agreement or approve job training or retraining."
SECTION 19. A. Subsections (A) through (D) of Section 12-10-80 of the 1976 Code, as amended by an act of 1996 bearing ratification number 234, are further amended to read:
"(A) Upon certification by the council to the department of the council's determination that a business is a qualifying business, a qualifying business may collect a job development fee by retaining an amount of employee withholding permitted by subsection (C) (B) or (D), or both, for the purposes permitted by subsection (B) (C) or (D), respectively. To qualify for a job development fee, a qualifying business shall create at least ten new, full-time jobs at the South Carolina facility described in the revitalization agreement. A qualifying business may collect a job development fee under the revitalization agreement for not more than fifteen years. The amount retained is the property of the business, subject to all of the conditions in this section including the later possible requirement that the funds be transferred to this State as withholding and the possible forfeiture of the funds to this State as misappropriated withholding. The retained withholding must be maintained in an escrow account with a bank which is insured by the Federal Deposit Insurance Corporation. To the extent the money is not used as permitted by subsection (B) (C) or (D), it must be treated as misappropriated employee withholding. Employee withholding may not be retained from for purposes of (B) and (C) with regard to an employee whose job was created in this State before the entry of the qualifying business into a revitalization agreement. If a qualifying business retains employee withholding under this section, it shall make its payroll books and records available for inspection by the council and the department at the times the council and the department request. Each qualifying business retaining employee withholding under this section shall file with the council and the department the information and documentation respecting the retention and use of the employee withholding according to the revitalization agreement. Each qualifying business which retains in excess of ten thousand dollars in any calendar year shall furnish an audited report prepared by an independent certified public accountant which itemizes the sources and uses of the funds. The audited report must be filed with the council and the department no later than June thirtieth following the calendar year of the retention. Each qualifying business retaining employee withholding under this section is allowed a credit against the withholding tax liability provided in Chapter 9 8 of this title otherwise owed to the State, the credit not to exceed the lesser of the amount of such tax or the aggregate amount of employee withholding retained. No employer may withhold an amount that results in any employee ever receiving a smaller amount of wages on either a weekly or on an annual basis than the employee would otherwise receive in the absence of this chapter.
(B) A qualifying business may collect a job development fee under the revitalization agreement for a period not to exceed fifteen years. A qualifying business must create at least ten new, full-time jobs at the South Carolina facility described in the revitalization agreement. Capital expenditures from the escrow account must be expended at the above-described facility or for utility or transportation improvements that serve this facility. The qualifying business may expend funds from the escrow account if (a) the expenditures are incurred during the term of the revitalization agreement, or within sixty days before the execution of a revitalization agreement, including a preliminary revitalization agreement, (b) the expenditures from the escrow account are authorized by the revitalization agreement, (c) the expenditures are approved in writing by the council and the department prior to expenditure, and (d) the expenditures are for any of the following purposes:
(1) training costs and facilities;
(2) acquiring and improving real estate whether acquired by lease, purchase, installment payment, or otherwise, the escrow account can be spent only for capital improvements made after entering a revitalization agreement;
(3) improvements to both public and private utility systems including water, sewer, electricity, natural gas, and telecommunications;
(4) fixed transportation facilities including highway, rail, water, and air; and
(5) construction or improvements of any real property and fixtures constructed or improved primarily for the purpose of complying with local, state, or federal environmental laws or regulations.
(C) The total amount retained from employee withholding by the qualifying business may not exceed the sum of the following amounts:
(1) two percent of the gross wages of each new employee who earns six dollars or more an hour but less than eight dollars an hour;
(2) three percent of the gross wages of each new employee who earns eight dollars or more an hour but less than ten dollars an hour;
(3) four percent of the gross wages of each new employee who earns ten dollars or more an hour but less than fifteen dollars an hour; and
(4) five percent of the gross wages of each new employee who earns fifteen dollars or more an hour.
The hourly gross wage figures set forth in this section must be adjusted annually by an inflation factor determined by the State Budget and Control Board.
(B) The total amount retained from employee withholding by the qualifying business may not exceed the sum of the following amounts:
(1) two percent of the gross wages of each new employee who earns six dollars or more an hour but less than eight dollars an hour;
(2) three percent of the gross wages of each new employee who earns eight dollars or more an hour but less than ten dollars an hour;
(3) four percent of the gross wages of each new employee who earns ten dollars or more an hour but less than fifteen dollars an hour; and
(4) five percent of the gross wages of each new employee who earns fifteen dollars or more an hour.
The hourly gross wage figures set forth in this section must be adjusted annually by an inflation factor determined by the State Budget and Control Board. The amount which may be retained by a qualifying business is limited by subsection (C)(6) and the revitalization agreement. The council may approve a waiver of the limits under subsection (C)(6) for qualifying businesses making a significant capital investment as defined in Section 4-12-30(D)(4) or Section 4-29-67(D)(4).
(C) Capital expenditures from the escrow account must be expended at the above-described facility or for utility or transportation improvements that serve this facility. The qualifying business may expend funds from the escrow account if (a) the expenditures are incurred during the term of the revitalization agreement or within sixty days before the execution of a revitalization agreement, including a preliminary revitalization agreement, (b) the expenditures from the escrow account are authorized by the revitalization agreement, and (c) the expenditures are for any of the following purposes:
(1) training costs and facilities;
(2) acquiring and improving real estate whether constructed or acquired by purchase, or in cases approved by the council, acquired by lease or otherwise;
(3) improvements to both public and private utility systems including water, sewer, electricity, natural gas, and telecommunications;
(4) fixed transportation facilities including highway, rail, water, and air;
(5) construction or improvements of any real property and fixtures constructed or improved primarily for the purpose of complying with local, state, or federal environmental laws or regulations;
(6) the amount of job development fees a qualifying business may retain for its use for qualifying expenditures is limited according to the designation of the county as defined in Section 12-6-3360 as follows:
(a) one hundred percent of the maximum job development fees may be retained by businesses located in counties designated as 'least developed';
(b) eighty-five percent of the maximum job development fees may be retained by businesses located in counties designated as 'under developed';
(c) seventy percent of the maximum job development fees may be retained by businesses located in counties designated as 'moderately developed'; or
(d) fifty-five percent of the maximum job development fees may be retained by businesses located in counties designated as 'developed'.
The council shall certify to the department the maximum job development fee for each qualified business. After receiving certification the department shall remit withholding equal to the difference between the maximum job development fee and the job development fee actually retained to the State Rural Infrastructure Fund as defined in Section 12-10-85.
(D) Subject to the conditions in this section, any qualifying business in an enterprise zone this State may negotiate with the council to retain from employee withholding an amount equal to five hundred dollars a year for each production employee being retrained, where this retraining is necessary for the qualifying business to remain competitive or to introduce new technologies. This retraining must be approved by and performed by the technical college under the jurisdiction of the State Board for Technical and Comprehensive Education serving the designated enterprise zone. The technical college may provide the retraining program delivery directly or contract with other training entities to accomplish the required training outcomes. In addition to the yearly limits, the amount retained from employee withholding may not exceed two thousand dollars over five years for each production employee being retrained. Additionally, the qualifying business must match on a dollar-for-dollar basis the amount retained from employee withholding. The total amount retained from withholding and all of the qualifying business' matching funds must be paid to the technical college that provides the training to defray the cost of the training program. Any training cost in excess of the job development fees and matching funds is the responsibility of the qualifying business based on negotiations with the technical college."
B. Section 12-10-80 of the 1976 Code, as last amended by an act of 1996 bearing ratification number 234, is further amended by adding at the end:
"(H) Job development fees may not be retained by a governmental employer who employs persons at a closed or realigned military installation as defined in Section 12-10-85(E)."
SECTION 20. Section 12-10-90 of the 1976 Code, as added by Act 25 of 1995, is amended to read:
"Section 12-10-90. If a qualifying business fails to achieve the level of capital investment or employment set forth in the revitalization agreement, the department council may terminate the revitalization agreement and reduce or suspend all or any part of the incentives until the time the anticipated capital investment and employment levels are met. However, these incentives must not be suspended retroactively. The council shall provide in the revitalization agreement entered into in connection with a project for the levels of capital investment and employment which must be achieved and for the time period in which the levels must be achieved."
SECTION 21. Section 12-14-30(3)(b) of the 1976 Code, as amended by an act of 1996 bearing ratification number 234, is further amended to read:
"(b) Reserved. a manufacturing facility that has closed or experienced permanent layoffs and notified the Employment Security Commission under the federal Worker Adjustment and Retraining Notification (WARN) Act of 1988. The number of jobs lost must equal twenty-five percent or more of the total workforce in the census tract in which the facility is located at the time the layoff occurred. The job loss must have occurred no more than five years before April 4, 1995, except in any census tract where a catastrophic loss of one thousand or more jobs from a single employer has occurred since 1980 and fewer than half the jobs have been replaced."
SECTION 22. Section 12-36-70(b) of the 1976 Code, as added by Act 612 of 1990, is amended to read:
"(b) furnishing accommodations to transients for a consideration, except an individual furnishing accommodations of less than six sleeping rooms within a single building, on the same site which is the individual's place of abode;"
SECTION 23. Section 12-36-120(4) of the 1976 Code, as last amended by Act 361 of 1992, is further amended to read:
"(4) materials, containers, cores, labels, sacks, or bags, or pallets used incident to the sale and delivery of tangible personal property, or used by manufacturers, processors, and compounders in shipping tangible personal property."
SECTION 24. Section 12-36-920(A) of the 1976 Code, as added by Act 612 of 1990, is amended to read:
"(A) A sales tax equal to seven percent is imposed on the gross proceeds derived from the rental or charges for any rooms, campground spaces, lodgings, or sleeping accommodations furnished to transients by any hotel, inn, tourist court, tourist camp, motel, campground, residence, or any place in which rooms, lodgings, or sleeping accommodations are furnished to transients for a consideration. This tax does not apply where the facilities consist of less than six sleeping rooms, contained in a single building on the same site, which is used as the individual's place of abode. The gross proceeds derived from the lease or rental of sleeping accommodations supplied to the same person for a period of ninety continuous days are not considered proceeds from transients. The tax imposed by this subsection (A) does not apply to additional guest charges as defined in subsection (B)."
SECTION 25. Section 12-36-2120(14) of the 1976 Code, as added by Act 612 of 1990, is amended to read:
"(14) wrapping paper, wrapping twine, paper bags, and containers, or pallets, used incident to the sale and delivery of tangible personal property."
SECTION 26. A. Section 12-36-2120 of the 1976 Code, as amended, is further amended by adding the following new items to be appropriately numbered to read:
"( ) Material handling systems and material handling equipment including, but not limited to, racks, whether or not the racks are used to support a facility structure or part thereof, used in the operation of a distribution facility or a manufacturing facility. In order to qualify for this exemption, the taxpayer shall notify the department before the first month it uses the exemption and shall invest at least forty million dollars in any real or personal property in this State over the five-year period beginning on the date provided by the taxpayer to the department in its notices.
( ) Parts and supplies used by persons engaged in the business of repairing or reconditioning aircraft owned by or leased to the federal government or commercial air carriers. This exemption does not extend to tools and other equipment not attached to or that do not become a part of the aircraft."
B. The provisions of subsection A. of this section take effect on the first day of the second month following approval by the Governor.
SECTION 27. Section 12-37-220(B)(33) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(33) All personal property including aircraft of an air carrier including aircraft used in operating which operates 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."
SECTION 28. Notwithstanding any other provision of law, Section 12-10-80(A) of the 1976 Code job development fees may be retained for employees hired after December 31, 1995, if the qualified business qualifies under Section 4-12-30(D)(4) of the 1976 Code or Section 4-29-67(D)(4) of the 1976 Code and enters into a revitalization agreement applying to these employees before August 1, 1996.
SECTION 29. Section 12-10-70 of the 1976 Code is repealed.
SECTION 30. Except where otherwise specifically provided in this act, this act is effective upon approval by the Governor. Taxpayers entering into revitalization agreements signed on or after January 1, 1996, and on or before December 31, 1996, have the option of using the provisions of this act or prior statutory language with respect to job development fees./
Renumber sections to conform.
Amend totals and title to conform.
Rep. HARRELL explained the amendment.
The amendment was then adopted.
Further proceedings were interrupted by the House standing at ease until the Joint Assembly, the pending question being consideration of amendments.
The House stood at ease subject to the call of Chair.
At 11:59 A.M. the House resumed, the SPEAKER in the Chair.
At 12:00 Noon the Senate appeared in the Hall of the House.
The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the following Concurrent Resolution:
H. 4484 -- Rep. Keegan: A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 1996 SOUTH CAROLINA FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 1996 FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE ON WEDNESDAY, APRIL 24, 1996, AT 12:00 NOON, AND TO RECOGNIZE AND COMMEND THE 1996 SOUTH CAROLINA FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.
The 1996 S.C. Folk Heritage Award Winners were escorted to the rostrum by Senators Wilson, Giese, G. Smith, Moore and Ford and Representatives COBB-HUNTER, JASKWHICH, KEEGAN, SPEARMAN and WILDER.
Lt. Governor Peeler made the following opening remarks:
"Today we honor four extraordinary South Carolinians for their achievement in keeping alive rare and endangered art forms that are rooted in the ethnic and traditional cultures of South Carolina. We appreciate the sense of community, the sense of beauty, and the feeling for South Carolina's uniqueness that our winners bring to us today and that they perpetuate for future generations. By honoring these citizens individually, we also acknowledge and honor the traditions that they represent. And now, the Honorable David Wilkins will present the 1996 winners of our South Carolina Folk Heritage Awards."
Speaker WILKINS made the following remarks:
"The South Carolina Folk Heritage Awards were created by the General Assembly to recognize lifetime achievement and excellence in traditional folk arts in South Carolina. During the decade that we have presented these awards in joint assembly, we have all gained a better understanding and appreciation of South Carolina's age-old traditions. Through our state's folk artists and their unique skills, we are better able to recognize and to reflect upon our cultural similarities and differences. This enhances our sense of identity and our sense of belonging as South Carolinians. We offer our encouragement and our support to our winners today, with the hope that the traditions that they so aptly represent will be passed on and will continue to thrive for the benefit of future generations of South Carolinians. Our 1996 winners were selected by an Awards Advisory Committee whose names are in your program. On behalf of the General Assembly, I thank them for volunteering their time, skill, and interest in making today's ceremony possible. I will now introduce this year's winners. Pat Ahrens is honored today with the Folk Heritage Advocacy Award. Through 25 years of dedicated support for the music form and through her own musical performance skills, she has enhanced South Carolina's heritage of bluegrass, old time country, and gospel music. She was a leader in establishing the association that supports this music and as we'll see after our presentations, she also plays the music very well. Congratulations to Pat Ahrens, winner of our 1996 Folk Heritage Advocacy Award."
The SPEAKER presented the award to Ms. Pat Ahrens.
Speaker WILKINS:
"Our second winner is Bobby Branton. He is one of only a few remaining practitioners of the art of bladesmithing. He hand-forges blades for knives - which involves heating the metal to a red hot temperature and hammering it into a work of art. This is a difficult and rare process which he demonstrates throughout the State, hoping to keep the tradition alive. His hunting knives are considered among the best in the nation. We share Bobby's desire to keep this tradition alive as we present him with one of our three 1996 Folk Heritage Awards given to practicing artists."
The SPEAKER presented the award to Mr. Bobby Branton.
Speaker WILKINS:
"Our next winner is Claude Casey. Known as the 'Carolina Hobo,' Claude Casey was for many years a star of radio, stage, and screen. From his teen years, he travelled the country performing in arenas ranging from street corners to radio shows. By 1938, his first band had recorded ten songs for the RCA Victor Bluebird label. He went on to a regular spot on one of the largest radio stations in the South. He made his movie debut with Dale Evans in 'Swing Your Partner,' the first of many country and western films that he was to make. He had an illustrious music career. Today, he continues a close friendship with Roy Rogers and Dale Evans, and he is still involved with radio station WJES in Johnston, South Carolina, where he is often found creating a new song for his audiences to enjoy. Mr. Casey is now 83 years old and was unable to be with us today. At Mr. Casey's request, Dr. Larry Klein, host of The Bluegrass Sound on SCETV network, is here to accept this award on Mr. Casey's behalf."
The SPEAKER presented the award to Dr. Larry Klein for Mr. Claude Casey.
Speaker WILKINS:
"Our fourth winner is Wade Leitner. Thirty-five years ago, Mr. Leitner saw a guitar in a pawn shop window and decided that he ought to make one for himself. After many years of refining his skills, he is now known as the Stradivarius of acoustical stringed instruments. He makes fiddles, guitars, and more. You may have heard his instruments played by artists like Bill Haney of the Zazzoff Boys, or Pappy Sherill of the Hired Hands. Using ordinary and even home-made tools, it takes Mr. Leitner 150 to 180 hours to build a fiddle. The designs vary, but his instruments always look and sound exquisite. For Mr. Leitner's self-taught mastery of this unique skill, we present him with our 1996 Folk Heritage Award."
The SPEAKER presented the award to Mr. Wade Leitner.
Speaker WILKINS then recognized Pat Ahrens and her bluegrass band, "Gill Creek," who performed for the Joint Assembly.
Upon the conclusion of the presentation, the distinguished guests and escort party retired from the Chamber.
The purposes of the Joint Assembly having been accomplished, the President announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 12:25 P.M. the House resumed, the SPEAKER in the Chair.
Rep. YOUNG-BRICKELL moved that the House recede until 1:45 P.M., which was adopted.
At 1:45 P.M. the House resumed, ACTING SPEAKER CATO in the Chair.
The question of a quorum was raised.
A quorum was later present.
Debate was resumed on the following Bill, the pending question being the consideration of amendments.
H. 4706 -- Reps. Wilkins, Kennedy, Harrell, Hutson, Neilson, S. Whipper, J. Hines, Harvin, Howard, Askins, White, Fleming, Jennings, Keegan, Anderson, L. Whipper, M. Hines, Cobb-Hunter, Breeland, Neal, Young-Brickell, Easterday, J. Harris, Koon, Meacham, J. Young, Harrison, Clyburn, Herdklotz, Knotts, Inabinett, Wright, Lloyd, Law, Gamble, Delleney, Cave, Govan, H. Brown, Felder, Robinson, Mason, Carnell, D. Smith, Rice, Sharpe, Boan, Fulmer, Chamblee, Stuart, Shissias, Klauber, T. Brown, Spearman, Williams, Kinon, Limbaugh, Scott, Riser, McTeer, McElveen, Hodges and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA RURAL DEVELOPMENT ACT OF 1996" INCLUDING PROVISIONS TO AMEND SECTION 12-10-20, RELATING TO LEGISLATIVE FINDINGS PERTAINING TO THE ENTERPRISE ZONE ACT, SO AS TO PROVIDE ADDITIONAL FINDINGS; TO AMEND SECTION 12-10-30, RELATING TO DEFINITIONS UNDER THE ENTERPRISE ZONE ACT, SO AS TO DELETE THE DEFINITION OF "SERVICES"; TO AMEND SECTION 12-10-40, AS AMENDED, RELATING TO THE DESIGNATION AND CRITERIA OF ENTERPRISE ZONES, SO AS TO DELETE SPECIFIED CRITERIA AND TO PROVIDE THAT THE AMOUNT OF BENEFITS ALLOWED IS DETERMINED BY THE COUNTY DESIGNATION IN WHICH THE BUSINESS IS LOCATED; TO AMEND SECTION 12-10-50, RELATING TO CRITERIA TO QUALIFY FOR BENEFITS, SO AS TO PROVIDE THAT THE ENTIRE STATE OF SOUTH CAROLINA IS AN ENTERPRISE ZONE; TO AMEND SECTION 12-10-70, RELATING TO BENEFITS OF QUALIFYING BUSINESSES, SO AS TO REVISE THESE BENEFITS AND PROVIDE THAT QUALIFYING BUSINESSES ARE ELIGIBLE TO USE SPECIAL SOURCE REVENUE BONDS; TO AMEND SECTION 12-10-80, RELATING TO JOB DEVELOPMENT FEES, SO AS TO PERMIT A QUALIFYING BUSINESS TO COLLECT JOB DEVELOPMENT FEES FOR NEW JOBS CREATED AND FOR OTHER REASONS, TO FURTHER PROVIDE FOR THE PURPOSES FOR WHICH SUCH FUNDS MAY BE SPENT, TO PROVIDE FOR THE RETAINAGE OF JOB DEVELOPMENT FEES UNDER CERTAIN CONDITIONS, TO CREATE THE RURAL INFRASTRUCTURE FUND AND PROVIDE FOR ITS FUNDING, AND TO PROVIDE THAT ANY STATE-SUPPORTED INSTITUTION OF HIGHER EDUCATION MAY PROVIDE RETRAINING INSTEAD OF ONLY TECHNICAL COLLEGES; TO ADD SECTION 12-10-85 SO AS TO PROVIDE GUIDELINES FOR THE USES OF THE RURAL DEVELOPMENT FUND; TO AMEND SECTION 12-10-90, RELATING TO LEVELS OF CAPITAL INVESTMENT OR EMPLOYMENT IN REVITALIZATION AGREEMENTS, SO AS TO PROVIDE THAT THE COUNCIL ALONE CAN TERMINATE REVITALIZATION AGREEMENTS; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO JOBS TAX CREDITS, SO AS TO REVISE THE REQUIREMENTS AND QUALIFICATIONS FOR JOBS TAX CREDITS; TO AMEND SECTION 12-6-2320, AS AMENDED, RELATING TO ALLOCATION AND APPORTIONMENT OF A TAXPAYER'S INCOME, SO AS TO FURTHER DEFINE THE TERM "TAXPAYER" IN REGARD TO A CONTROLLED GROUP OF CORPORATIONS; TO AMEND SECTION 12-6-3440, AS AMENDED, RELATING TO TAX CREDITS FOR EMPLOYEE CHILD CARE PROGRAMS, SO AS TO REVISE THE MANNER IN WHICH THESE TAX CREDITS ARE DETERMINED AND ALLOCATED; TO AMEND SECTION 12-6-3450, RELATING TO INCOME TAX CREDITS FOR PERSONS TERMINATED FROM EMPLOYMENT AS A RESULT OF THE CLOSING OF FEDERAL MILITARY INSTALLATIONS, SO AS TO PROVIDE AN APPLICABLE FEDERAL FACILITY, RATHER THAN JUST A MILITARY INSTALLATION, MAY RECEIVE THE BENEFITS OF THIS CREDIT; TO AMEND SECTION 12-6-3470, RELATING TO EMPLOYER TAX CREDITS FOR EMPLOYING PERSONS RECEIVING AID TO FAMILIES WITH DEPENDENT CHILDREN, SO AS TO FURTHER PROVIDE FOR THE COMPUTATION OF AND REQUIREMENTS FOR THIS CREDIT; TO AMEND SECTION 12-14-30, AS AMENDED, RELATING TO DEFINITIONS UNDER THE ECONOMIC IMPACT ZONE COMMUNITY DEVELOPMENT ACT, SO AS TO DELETE LANGUAGE PERTAINING TO MANUFACTURING FACILITIES THAT HAVE CLOSED OR EXPERIENCED LAYOFFS AS BEING ELIGIBLE FOR CERTAIN BENEFITS UNDER THIS ACT; TO AMEND TITLE 12, RELATING TO TAXATION, BY ADDING CHAPTER 12 SO AS TO ESTABLISH THE REQUIREMENTS FOR AND PROCEDURES UNDER WHICH A TAXPAYER WHO HAS A GAIN FROM THE SALE OR OTHER DISPOSITION OF A CAPITAL ASSET MAY DEFER RECOGNITION OF ALL OR A PART OF THE GAIN; TO AMEND SECTION 12-36-70, RELATING TO THE DEFINITION OF A "RETAILER" AND "SELLER" FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO REVISE THE EXEMPTION PERTAINING TO THE FURNISHING OF ACCOMMODATIONS TO TRANSIENTS; TO AMEND SECTION 12-36-920, RELATING TO THE TAX ON ACCOMMODATIONS, SO AS TO EXCLUDE FROM THE ACCOMMODATIONS TAX THE EXEMPTION PROVIDED IN SECTION 12-36-70; TO AMEND SECTION 12-36-120, AS AMENDED, RELATING TO THE DEFINITION OF A "SALE AT WHOLESALE", SO AS TO INCLUDE THE PURCHASE OF PALLETS; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO INCLUDE PALLETS IN THE SALES TAX EXEMPTION FOR PACKAGING MATERIALS; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO FURTHER PROVIDE FOR THE EXEMPTION FOR AIR CARRIER HUB TERMINAL FACILITIES; TO AMEND SECTION 12-43-300, AS AMENDED, RELATING TO NOTICE OF TAX REASSESSMENTS AND OBJECTIONS THERETO, SO AS TO FURTHER PROVIDE FOR WHEN THE TAXPAYER AND THE ASSESSOR ARE BOUND BY THE ASSESSED VALUE OF THE PROPERTY AND TO MAKE THESE PROVISIONS APPLY TO REASSESSMENTS MADE ON OR AFTER DECEMBER 31, 1991; TO AMEND SECTION 4-12-30, RELATING TO FEES IN LIEU OF TAXES AND EXCEPTIONS FOR QUALIFYING INDUCEMENT LEASE AGREEMENTS, SO AS TO REDEFINE THE TERM "CONTROLLED GROUP", DELETE THE REQUIREMENT THAT THE BOARD OF ECONOMIC ADVISORS DETERMINE THE BENEFITS OF A FEE PROJECT AND PROVIDE INSTEAD THAT THE COUNTY COUNCIL SHALL DETERMINE SUCH BENEFITS, DELETE THE REQUIREMENT THAT A RESERVE ACCOUNT BE MAINTAINED, REVISE THE TIME PERIODS TO MEET CERTAIN REQUIREMENTS AND PROCEDURES REQUIRED TO BE FOLLOWED, REVISE THE MINIMUM ASSESSMENT RATIOS FOR SPECIFIED QUALIFYING BUSINESSES, ALLOW REPLACEMENT PROPERTY TO QUALIFY FOR THE FEE UNDER CERTAIN CONDITIONS, PERMIT THE AMENDING OF INDUCEMENT AGREEMENTS AT ANY TIME WITH RESTRICTIONS, PROVIDE GUIDELINES FOR THE TRANSFERRING OF FEE PROPERTY, REVISE CERTAIN INTEREST CHARGES, FURTHER PROVIDE FOR THE DISTRIBUTION OF THE FEE AND ALLOW A COUNTY TO USE A PORTION OF THE FEE PAYMENT FOR INFRASTRUCTURE IMPROVEMENTS WITHOUT THE REQUIREMENT OF ISSUING SPECIAL SOURCE REVENUE BONDS, ALLOW FOR THE TRANSFERRING OF AGREEMENTS RELATED TO THE FEE AND REQUIRE COUNTY APPROVAL OF THE TRANSFER, AND PROVIDE FOR OTHER RELATED MATTERS, PERTAINING TO FEES IN LIEU OF TAXES, AND THE TRANSFERABILITY OF INTERESTS IN THE PROPERTY THE SUBJECT OF THE FEE; TO AMEND SECTION 4-12-40, RELATING TO THE APPLICABILITY AND EFFECTIVE DATES OF FEE IN LIEU OF LEASE AGREEMENTS, SO AS TO FURTHER PROVIDE FOR SUCH APPLICABILITY AND EFFECTIVE DATES; TO AMEND SECTION 4-29-67, AS AMENDED, RELATING TO FEES IN LIEU OF TAXES FOR INDUSTRIAL DEVELOPMENT PROJECTS, SO AS TO PROVIDE THAT THE FEE PROVISIONS ARE AVAILABLE FOR INVESTMENTS EXCEEDING FORTY-FIVE MILLION DOLLARS, TO FURTHER PROVIDE FOR THE DEFINITION OF "CONTROLLED GROUP" AS IT RELATES TO THE FEE, ALLOW CERTAIN QUALIFYING BUSINESSES A THIRTY-YEAR MAXIMUM AGREEMENT AND AN EIGHT-YEAR PERIOD TO MEET MINIMUM INVESTMENT REQUIREMENTS, ALLOW CERTAIN QUALIFYING BUSINESSES TO QUALIFY FOR A THREE PERCENT ASSESSMENT RATIO, ALLOW FOR THE AMENDING OF AGREEMENTS AT ANY TIME WITH RESTRICTIONS, ALLOW A COUNTY TO USE A PORTION OF THE FEE PAYMENT FOR INFRASTRUCTURE IMPROVEMENTS WITHOUT THE REQUIREMENT FOR ISSUING SPECIAL SOURCE REVENUE BONDS, REVISE CERTAIN INTEREST CHARGES, FURTHER PROVIDE FOR THE TRANSFERRING OF AGREEMENTS AND FEE ASSETS, REQUIRE COUNTY APPROVAL BEFORE TRANSFERS, AND PROVIDE FOR OTHER RELATED MATTERS PERTAINING TO FEES IN LIEU OF TAXES FOR INDUSTRIAL DEVELOPMENT PROJECTS.
Rep. KIRSH proposed the following Amendment No. 3 (Doc Name P:\amend\JIC\5858SD.96), which was adopted.
Amend the Report of the Committee on Ways and Means, as and if amended, in Section 12-6-3360(L) of the 1976 Code, as contained in SECTION 11, by striking /1990/ on line 11 of page 4706-43 and inserting /1990 most recent/
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 4 (Doc Name P:\amend\JIC\5859SD.96), which was tabled.
Amend the Report of the Committee on Ways and Means, as and if amended, by striking SECTION 22, which begins on line 16 of page 4706-57, and by striking SECTION 24, which begins on line 28 of page 4706-57/.
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
Rep. HARRELL spoke against the amendment and moved to table the amendment, which was agreed to.
Rep. LITTLEJOHN proposed the following Amendment No. 5 (Doc Name P:\amend\GJK\22695SD.96), which was tabled.
Amend the Report of the Committee on Ways and Means, as and if amended, in Section 12-6-3360 of the 1976 Code, as contained in SECTION 11, by striking items 1 through 4 of subsection (C) which begin on line 38, page 4706-40, and inserting:
/(1) One Five thousand dollars for each new full-time job created in less least developed counties. The credit is only available to taxpayers that increase employment by ten or more, and no credit is allowed for the year or any subsequent year in which the net employment increase falls below the minimum level of ten.
(2) Six hundred Four thousand dollars for each new full-time job created in moderately under developed counties. The credit is only available to taxpayers that increase employment by eighteen or more, and no credit is allowed for the year or any subsequent year in which the net employment increase falls below the minimum level of eighteen.
(3) Three thousand hundred dollars for each new full-time job created in moderately developed counties. The credit is only available to taxpayers that increase employment by fifty or more, and no credit is allowed for the year or any subsequent year in which the net employment increase falls below the minimum level of fifty./
Renumber sections to conform.
Amend totals and title to conform.
Rep. LITTLEJOHN explained the amendment.
Rep. HARRELL spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 44 to 19.
Rep. McELVEEN proposed the following Amendment No. 16 (Doc Name P:\amend\GJK\22705SD.96), which was tabled.
Amend the Report of the Committee on Ways and Means Report, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 12-43-220(a) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(a) (1) 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 a percentage of the fair market value of the property as follows.:
Property Tax Year Percentage
Before 1996 10.5
1997 10.0
1998 9.5
1999 9.0
2000 8.5
2001 8.0
2002 7.5
2003 7.0
2004 6.5
After 2004 6.0
(2) 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 this 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.
(3) 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 this 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.
(4) 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 this item (a) of this section if the property is not located on the premises of or contiguous to the manufacturing site of the manufacturer."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. McELVEEN explained the amendment.
Rep. HARRELL spoke against the amendment and moved to table the amendment.
Rep. McELVEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey Baxley Boan Brown, H. Cain Cato Chamblee Cooper Cromer Dantzler Delleney Easterday Felder Fulmer Gamble Govan Harrell Harris, J. Harris, P. Harrison Hutson Jaskwhich Jennings Keegan Kelley Kinon Klauber Knotts Koon Lanford Limehouse Marchbanks Mason McAbee McKay McTeer Rice Richardson Riser Robinson Sandifer Seithel Smith, D. Smith, R. Spearman Stuart Thomas Townsend Tripp Trotter Vaughn Waldrop Walker Wells Whatley White Wilkins Witherspoon Wofford Wright Young-Brickell
Those who voted in the negative are:
Allison Anderson Breeland Brown, G. Brown, T. Byrd Canty Carnell Clyburn Cotty Davenport Hallman Hodges Howard Inabinett Keyserling Kirsh Lee Limbaugh Littlejohn Lloyd McElveen McMahand Meacham Moody-Lawrence Neal Neilson Phillips Sheheen Shissias Simrill Stille Whipper, L. Whipper, S. Wilder Wilkes Worley Young
So, the amendment was tabled.
Rep. WILKES proposed the following Amendment No. 18 (Doc Name P:\amend\PT\2468HTC.96), which was tabled.
Amend the Report of the Committee on Ways and Means, as and if amended, in Section 4-12-30(D)(4)(a), as contained in Section 8E, page 4706-14, line 22, by striking /three/ and inserting /four/.
Amend the report further, in Section 4-29-67(D)(4)(a), as contained in SECTION 9, page 4706-25, line 3, by striking /three/ and inserting /four/.
Renumber sections to conform.
Amend title to conform.
Rep. WILKES explained the amendment.
Rep. HARRELL spoke against the amendment.
Rep. SHEHEEN spoke in favor of the amendment.
Rep. JENNINGS spoke against the amendment.
Rep. HARRELL moved to table the amendment, which was agreed to.
Reps. KEYSERLING and RICHARDSON proposed the following Amendment No. 20 (Doc Name P:\amend\GJK\22698SD.96), which was tabled.
Amend the Report of the Committee on Ways and Means, as and if amended, in Section 12-6-3360 of the 1976 Code, as contained in SECTION 11, line 41, page 4706-39, by striking /per capita income as follows/ and inserting /per capital income as follows according to the following schedule and in determining per capita income, only earned income may be used as part of any average determined:/
Renumber sections to conform.
Amend totals and title to conform.
Rep. RICHARDSON explained the amendment.
Rep. HARRELL moved to table the amendment, which was agreed to.
Reps. KEYSERLING and RICHARDSON proposed the following Amendment No. 21 (Doc Name P:\amend\GJK\22697SD.96), which was tabled.
Amend the Report of the Committee on Ways and Means, as and if amended, in Section 12-6-3360 of the 1976 Code, as contained in SECTION 11, by adding a new subitem (c) to subsection (B)(5) immediately after line 28, page 4706-40, to read:
/(c) For a county in which ninety percent of the total jobs are nonmanufacturing, the credit otherwise allowed pursuant to this section is one tier higher. If a county meets more than one qualification for a more advantageous credit designation, the designation of the county shall be based on the tier that offers the greatest benefit./
Renumber sections to conform.
Amend totals and title to conform.
Rep. KEYSERLING explained the amendment.
Rep. RICHARDSON spoke in favor of the amendment.
Rep. HARRELL moved to table the amendment, which was agreed to.
Reps. CARNELL, WILDER, STILLE, McABEE, STODDARD, P. HARRIS, CHAMBLEE, COOPER, KLAUBER, WALDROP, TUCKER, TOWNSEND, McCRAW, PHILLIPS and LITTLEJOHN proposed the following Amendment No. 22 (Doc Name P:\amend\PT\2457HTC.96), which was tabled.
Amend the bill, as and if amended, page 4706-40, by inserting immediately after line 28:
/(c) For a developed or moderately developed county in which at least thirty percent of the census tracts have at least one hundred manufacturing jobs of which at least fifty percent are textile and apparel jobs, the credit otherwise allowed pursuant to this section is one tier higher for five years beginning with the year in which the Division of Research and Statistical Services of the State Budget and Control Board determines that sufficient census tracts in the county meet the criteria./
Amend title to conform.
Rep. CARNELL explained the amendment.
Rep. LITTLEJOHN spoke in favor of the amendment.
Rep. HARRELL spoke against the amendment.
Rep. LITTLEJOHN spoke in favor of the amendment.
Rep. JENNINGS spoke against the amendment.
Rep. H. BROWN moved to table the amendment.
Rep. WILDER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Bailey Baxley Boan Brown, G. Brown, H. Brown, J. Brown, T. Cain Canty Cave Cobb-Hunter Cotty Dantzler Delleney Easterday Felder Fulmer Gamble Govan Hallman Harrell Harris, J. Harrison Herdklotz Hines, J. Hodges Hutson Inabinett Jaskwhich Jennings Keegan Kelley Keyserling Kinon Knotts Koon Law Limbaugh Limehouse Lloyd Loftis Marchbanks Mason McElveen McKay McTeer Neal Rice Riser Robinson Sandifer Scott Seithel Sharpe Smith, R. Stuart Thomas Tripp Walker Whatley White Wilkes Wilkins Witherspoon Wofford Worley Wright Young
Those who voted in the negative are:
Allison Anderson Breeland Byrd Carnell Cato Chamblee Clyburn Cooper Cromer Davenport Harris, P. Harvin Howard Kirsh Klauber Littlejohn McAbee McCraw McMahand Meacham Moody-Lawrence Neilson Phillips Rhoad Shissias Simrill Smith, D. Spearman Stille Townsend Trotter Waldrop Wells Whipper, L. Whipper, S. Wilder
So, the amendment was tabled.
Rep. LITTLEJOHN proposed the following Amendment No. 23 (Doc Name P:\amend\JIC\5900HTC.96), which was tabled.
Amend the Report of the Committee on Ways and Means, as and if amended, in Section 12-6-3360(B)(5), as contained in SECTION 11A, page 4706-40, by inserting immediately after line 28:
/(C) No county is eligible for the increased credit allowed by this item unless its unemployment rate is at least eight percent at the time the county would otherwise qualify for the increased credit./
Amend title to conform.
Rep. LITTLEJOHN explained the amendment.
Rep. H. BROWN moved to table the amendment.
Rep. KIRSH demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 54 to 31.
Rep. CANTY proposed the following Amendment No. 24 (Doc Name P:\amend\BBM\10808SD.96), which was tabled.
Amend the Report of the Committee on Ways and Means, as and if amended, in Section 12-6-3360 as contained in Section 11 by adding a new subitem (5) immediately after subitem (4) which begins on line 12 of page 4706-41 to read:
/(5) To qualify for the job tax credits for full-time jobs authorized by this section, the average wage paid by that employer to these employees must be at least equal to the median wage paid by that employer to all of its employees in the continental United States not including the employees in this State which gave rise to the job tax credits, provided that if such employer has only one location in the continental United States, this requirement shall be the median wage paid by that employer to all of its employees worldwide. Wages for purposes of this subitem (5) include fringe benefits. The Department of Revenue shall make the determinations required by this subitem (5)./
Amend title to conform.
Rep. CANTY explained the amendment.
Rep. HARRELL spoke against the amendment.
Rep. CANTY spoke in favor of the amendment.
Rep. HARRELL moved to table the amendment, which was agreed to.
Rep. CANTY proposed the following Amendment No. 27 (Doc Name P:\amend\BBM\10811SD.96), which was tabled.
Amend the Report of the Committee on Ways and Means, as and if amended, in Section 12-6-3360 as contained in Section 11 by adding a new subitem to be appropriately numbered immediately after subitem (4) which begins on line 12 of page 4706-41 to read:
/( ) Any employer which offers to any new or existing employee an employer-paid on or off-premises job training program consisting of at least fifty hours of training in new or upgraded skills shall receive an additional five hundred dollar job tax credit for each employee who successfully completes this training program. This credit may be taken in the year the employee completes the training program in the same manner the other job tax credits authorized by this section may be taken and also may be carried forward in the same manner./
Renumber subitems to conform.
Amend title to conform.
Rep. CANTY explained the amendment.
Rep. H. BROWN moved to table the amendment, which was agreed to.
Rep. CANTY proposed the following Amendment No. 28 (Doc Name P:\amend\BBM\10812SD.96), which was tabled.
Amend the Report of the Committee on Ways and Means, as and if amended, in Section 12-6-3360 as contained in Section 11 by adding a new subsection (O) immediately after subsection (N) which begins on line 27 of page 4706-45 to read:
/(O) If any employer which receives job tax credits under the provisions of this section closes its facility which gave rise to the credits or relocates that facility to another state with a resulting loss of the new full-time jobs on which the job tax credits were based, the job tax credits shall be revoked retroactively to the date they were first claimed. To the extent that the statute of limitations has not run on the income tax returns of that employer for those years, the Department of Revenue shall adjust the state income tax returns of that employer accordingly and assess such deficiencies, if any, as may be required. A partial closing or relocation of the facility and a partial loss of these new full-time jobs shall result in a pro-rata revocation of the job tax credits in the manner the Department of Revenue shall determine./
Amend title to conform.
Rep. CANTY explained the amendment.
Rep. HARRELL moved to table the amendment, which was agreed to.
Rep. LITTLEJOHN proposed the following Amendment No. 6 (Doc Name P:\amend\GJK\22694SD.96), which was tabled.
Amend the Report of the Committee on Ways and Means, as and if amended, in Section 4-12-30(D) of the 1976 Code, as contained in SECTION 8, by inserting immediately after /percent/ on line 23, page 4706-14, /, except that the assessment ratio for all school tax purposes may be not less than six percent/;
Amend the report further, as and if amended, in Section 4-29-67(D) of the 1976 Code, as contained in SECTION 9, by inserting immediately after /percent/ on line 4, page 4706-25 /, except that the assessment ratio for all school tax purposes may be not less than six percent/;
Renumber sections to conform.
Amend totals and title to conform.
Rep. LITTLEJOHN explained the amendment.
Rep. HARRELL spoke against the amendment and moved to table the amendment.
Rep. LITTLEJOHN demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 58 to 21.
Rep. WILKES proposed the following Amendment No. 17 (Doc Name P:\amend\PT\2467HTC.96), which was adopted.
Amend the Report of the Committee on Ways and Means, as and if amended, beginning on page 4706-4, by striking SECTION 6 in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. WILKES explained the amendment.
Rep. HARRELL spoke in favor of the amendment.
The amendment was then adopted.
Rep. CANTY proposed the following Amendment No. 25 (Doc Name P:\amend\BBM\10810SD.96), which was tabled.
Amend the Report of the Committee on Ways and Means, as and if amended, in Section 12-6-3360 as contained in Section 11 by adding a new subitem (5) immediately after subitem (4) which begins on line 12 of page 4706-41 to read:
/(5) To qualify for the job tax credits for full-time jobs authorized by this section, the average wage paid by that employer to these employees must be at least equal to seventy-five percent of the median wage paid by that employer to all of its employees in the continental United States not including the employees in this State which gave rise to the job tax credits, provided that if such employer has only one location in the continental United States, this requirement shall be seventy-five percent of the median wage paid by that employer to all of its employees worldwide. Wages for purposes of this subitem (5) include fringe benefits. The Department of Revenue shall make the determinations required by this subitem (5)./
Amend title to conform.
Rep. CANTY explained the amendment.
Rep. HARRELL moved to table the amendment, which was agreed to.
Rep. CANTY proposed the following Amendment No. 26 (Doc Name P:\amend\BBM\10809SD.96), which was tabled.
Amend the Report of the Committee on Ways and Means, as and if amended, in Section 12-6-3360 as contained in Section 11 by adding a new subitem (5) immediately after subitem (4) which begins on line 12 of page 4706-41 to read:
/(5) To qualify for the job tax credits for full-time jobs authorized by this section, the average wage paid by that employer to these employees must be at least equal to fifty percent of the median wage paid by that employer to all of its employees in the continental United States not including the employees in this State which gave rise to the job tax credits, provided that if such employer has only one location in the continental United States, this requirement shall be fifty percent of the median wage paid by that employer to all of its employees worldwide. Wages for purposes of this subitem (5) include fringe benefits. The Department of Revenue shall make the determinations required by this subitem (5)./
Amend title to conform.
Rep. CANTY explained the amendment.
Rep. HARRELL moved to table the amendment, which was agreed to.
The SPEAKER granted Rep. McELVEEN a leave of absence.
Rep. FLEMING proposed the following Amendment No. 7 (Doc Name P:\amend\PT\2439HTC.96), which was rejected.
Amend the bill, as and if amended, page 4706-40, by inserting immediately after line 28:
/ (c) For an underdeveloped county in which at least fifty percent of the census tracts have at least one hundred manufacturing jobs of which at least fifty percent are textile and apparel jobs, the credit otherwise allowed pursuant to this section is one tier higher for five years beginning with the year in which the Division of Research and Statistical Services of the State Budget and Control Board determines that sufficient census tracts in the county meet the criteria. /
Renumber sections to conform.
Amend title to conform.
Rep. FLEMING explained the amendment.
Rep. H. BROWN moved to table the amendment.
Rep. FLEMING demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey Baxley Boan Brown, H. Brown, T. Byrd Cain Cave Cobb-Hunter Cromer Dantzler Delleney Easterday Felder Govan Harrell Harris, J. Hodges Howard Hutson Inabinett Jennings Keegan Keyserling Kinon Kirsh Law Lloyd Marchbanks Martin McMahand McTeer Moody-Lawrence Rhoad Rice Robinson Scott Sheheen Shissias Smith, R. Stuart Waldrop Whatley White Wilkes Wilkins Wofford Wright Young
Those who voted in the negative are:
Allison Askins Brown, G. Canty Carnell Cato Chamblee Clyburn Cooper Cotty Davenport Fleming Fulmer Gamble Hallman Harrison Harvin Hines, J. Jaskwhich Knotts Koon Lee Limbaugh Limehouse Littlejohn Loftis Mason McAbee McCraw McKay Meacham Neal Phillips Riser Sandifer Seithel Sharpe Simrill Spearman Stille Thomas Trotter Tucker Vaughn Walker Wells Whipper, L. Whipper, S. Wilder
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment.
Rep. ROBINSON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Carnell Cato Chamblee Clyburn Cooper Cotty Davenport Felder Fleming Fulmer Gamble Hallman Harrison Hines, J. Jaskwhich Knotts Koon Lee Limbaugh Limehouse Littlejohn Loftis Mason McAbee McCraw McKay Meacham Neal Phillips Quinn Riser Sharpe Simrill Spearman Stille Thomas Tripp Trotter Tucker Vaughn Walker Wells Whipper, L. Whipper, S. Wilder
Those who voted in the negative are:
Bailey Baxley Boan Brown, G. Brown, H. Brown, J. Brown, T. Byrd Cain Cave Cobb-Hunter Cromer Dantzler Delleney Easterday Govan Harrell Harris, J. Haskins Hodges Howard Hutson Inabinett Jennings Keegan Keyserling Kinon Kirsh Law Lloyd Marchbanks Martin McMahand McTeer Moody-Lawrence Rhoad Rice Richardson Robinson Sandifer Scott Seithel Sheheen Shissias Smith, R. Stuart Waldrop Whatley White Wilkes Wilkins Wofford Young
So, the amendment was rejected.
Reps. CARNELL, WILDER, STODDARD, PHILLIPS and McCRAW proposed the following Amendment No. 29 (Doc Name P:\amend\PT\2437HTC.96), which was tabled.
Amend the bill, as and if amended, page 4706-40, by inserting immediately after line 28:
/ (c) For a developed or moderately developed county in which at least forty percent of the census tracts have at least one hundred manufacturing jobs of which at least fifty percent are textile and apparel jobs, the credit otherwise allowed pursuant to this section is one tier higher for five years beginning with the year in which the Division of Research and Statistical Services of the State Budget and Control Board determines that sufficient census tracts in the county meet the criteria. /
Amend title to conform.
Rep. CARNELL explained the amendment.
Rep. HARRELL moved to table the amendment.
Rep. McABEE demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 38 to 20.
Rep. HARRELL explained the Bill.
Reps. MEACHAM, KIRSH, SIMRILL and MOODY-LAWRENCE proposed the following Amendment No. 30 (Doc Name P:\amend\GJK\22761DW.96), which was tabled.
Amend the Report of the Committee on Ways and Means, as and if amended, in Section 12-6-3360(B)(5), as contained in SECTION 11A, page 4706-40, by inserting immediately after line 28 an appropriately lettered subitem to read:
/( ) A county which borders another state is allowed the credit two tiers higher than the credit for which the county would otherwise qualify./
Renumber sections to conform.
Amend totals and title to conform.
Rep. MEACHAM explained the amendment.
Rep. HARRELL moved to table the amendment.
Rep. MEACHAM demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 54 to 16.
Reps. MEACHAM, KIRSH, SIMRILL and MOODY-LAWRENCE proposed the following Amendment No. 31 (Doc Name P:\amend\GJK\22762DW.96), which was tabled.
Amend the Report of the Committee on Ways and Means, as and if amended, in Section 12-6-3360(B)(5), as contained in SECTION 11A, page 4706-40, by inserting immediately after line 28 an appropriately lettered subitem to read:
/( ) A county which borders another state is allowed the credit one tier higher than the credit for which the county would otherwise qualify./
Renumber sections to conform.
Amend totals and title to conform.
Rep. MEACHAM explained the amendment.
Rep. HARRELL moved to table the amendment, which was agreed to.
Rep. HARRELL spoke in favor of the Bill.
Rep. HODGES moved to reconsider the vote whereby Amendment No. 29 was tabled.
Rep. HARRELL moved to table the motion to reconsider.
Rep. HODGES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Baxley Brown, H. Brown, T. Cain Cato Cave Cotty Dantzler Delleney Easterday Felder Fulmer Gamble Hallman Harrell Harris, J. Harrison Harvin Haskins Herdklotz Hines, J. Howard Hutson Jaskwhich Jennings Keegan Kelley Kinon Knotts Koon Lanford Law Limbaugh Limehouse Lloyd Loftis Marchbanks Mason McKay McTeer Quinn Rice Riser Sandifer Scott Seithel Sharpe Sheheen Shissias Smith, D. Smith, R. Stuart Walker Wells Whatley White Wilkes Wilkins Witherspoon Wofford Worley Wright Young Young-Brickell
Those who voted in the negative are:
Allison Anderson Brown, G. Brown, J. Byrd Canty Carnell Chamblee Clyburn Cooper Davenport Hodges Inabinett Keyserling Kirsh Littlejohn McAbee McCraw McMahand Meacham Moody-Lawrence Neal Phillips Rhoad Simrill Spearman Stille Townsend Trotter Tucker Waldrop Whipper, L. Whipper, S. Wilder
So, the motion to reconsider was tabled.
Reps. CARNELL, WILDER, STODDARD, PHILLIPS and McCRAW proposed the following Amendment No. 32 (Doc Name P:\amend\PT\2437HTC.96), which was tabled.
Amend the bill, as and if amended, page 4706-40, by inserting immediately after line 28:
Starting on January 1, 1997 the following will apply:
/ (c) For a developed or moderately developed county in which at least forty percent of the census tracts have at least one hundred manufacturing jobs of which at least fifty percent are textile and apparel jobs, the credit otherwise allowed pursuant to this section is one tier higher for five years beginning with the year in which the Division of Research and Statistical Services of the State Budget and Control Board determines that sufficient census tracts in the county meet the criteria. /
Amend title to conform.
Rep. CARNELL explained the amendment.
Rep. HARRELL moved to table the amendment.
Rep. CARNELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Bailey Baxley Brown, H. Cain Cato Cave Cotty Cromer Dantzler Delleney Easterday Felder Fulmer Gamble Govan Hallman Harrell Harris, J. Harrison Haskins Hines, J. Howard Hutson Jennings Keegan Kelley Kinon Knotts Koon Law Limbaugh Limehouse Loftis Martin Mason Neilson Quinn Rice Richardson Riser Sandifer Scott Seithel Sharpe Sheheen Shissias Smith, R. Stuart Tripp Vaughn Wells Whatley White Wilkins Witherspoon Wofford Worley Wright Young Young-Brickell
Those who voted in the negative are:
Allison Anderson Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Carnell Chamblee Clyburn Cooper Davenport Fleming Harvin Herdklotz Hodges Inabinett Jaskwhich Keyserling Kirsh Littlejohn Lloyd Marchbanks McAbee McCraw McMahand McTeer Meacham Moody-Lawrence Neal Phillips Rhoad Robinson Simrill Smith, D. Spearman Stille Townsend Trotter Tucker Waldrop Walker Whipper, L. Whipper, S. Wilder Wilkes
So, the amendment was tabled.
Reps. LITTLEJOHN and FLEMING spoke upon the Bill.
Rep. WILKES spoke in favor of the Bill.
Pursuant to Rule 7.7 the yeas and nays were taken on the passage of the Bill, as amended, resulting as follows:
Those who voted in the affirmative are:
Anderson Askins Bailey Baxley Boan Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Cain Canty Carnell Cato Cave Chamblee Clyburn Cooper Cotty Cromer Dantzler Delleney Easterday Felder Fulmer Gamble Govan Hallman Harrell Harris, J. Harrison Harvin Haskins Herdklotz Hines, J. Hodges Howard Hutson Inabinett Jaskwhich Jennings Keegan Kelley Keyserling Kinon Kirsh Knotts Koon Lanford Law Lee Limbaugh Limehouse Lloyd Loftis Marchbanks Martin Mason McAbee McCraw McKay McMahand McTeer Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkes Wilkins Witherspoon Wofford Worley Wright Young Young-Brickell
Those who voted in the negative are:
Allison Davenport Fleming Littlejohn Meacham
So, the Bill, as amended, was read the second time and ordered to third reading.
I had to leave before the vote on the Rural Development Act (H. 4706) due to a family commitment. I support the Bill, and would have voted for it. The Bill has some positive incentives that may aid less developed counties.
However, I am concerned about the push to drive down manufacturing property tax assessment for new industry, while existing manufacturers who have long been good citizens continue to pay at a 10.5% assessment rate.
I also believe that core industries should contribute at some point to the Rural Infrastructure Fund - perhaps 3-5 years out, if not from the beginning.
I believe we must focus more of our economic development effort on business that is already here, fostering their growth and investment. North Carolina now spends about 50% of its economic development money within the state.
We need to get this Bill through the House this week. Perhaps the Senate, or the House at a later date, will consider and include my suggestions.
Rep. JOSEPH T. McELVEEN, JR.
I vote against this Bill today because it is unfair and leaves Union out of the least developed category when the statistics show they should be in this category. Out of all the counties in the least developed tier, 9 have lower unemployment rates than Union. Union County is at around 10.0% unemployment. Before this Bill was introduced, I was promised by the Governor's Office that Union County would be placed in the least developed category. This promise was not kept.
Union County is basically a rural county with over 50% of its industry in textiles. Recently, 2 textiles industries closed leaving many people out of work. We are here to do what is fair and just. Today this was not done. I am for economic development, however I am for what is fair and just. By not keeping a promise and leaving out a county from the least developed category when 9 other counties in that category have lower unemployment rates is unfair. Union is currently 10th in the State in unemployment. What's fair is fair, this Bill is not fair to Union County and that's why I vote against it.
Rep. RONALD N. FLEMING
I was out of the Chamber when the vote on H. 4706 was taken. Had I been in the Chamber, I would have voted in favor of the Rural Development Act.
Rep. GILDA COBB-HUNTER
Rep. SCOTT moved that the House do now adjourn.
Rep. YOUNG-BRICKELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Breeland Chamblee Hallman Hodges Howard Inabinett Koon Lanford Lloyd McAbee McTeer Neal Scott Sheheen Whipper, L.
Those who voted in the negative are:
Allison Askins Baxley Boan Brown, G. Brown, J. Byrd Cain Carnell Cato Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Fulmer Gamble Govan Harrell Harris, J. Harrison Harvin Haskins Herdklotz Hutson Jaskwhich Keegan Kelley Keyserling Kinon Kirsh Knotts Law Lee Limbaugh Limehouse Littlejohn Loftis Marchbanks Mason McCraw McKay Meacham Moody-Lawrence Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Spearman Stille Stuart Townsend Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilder Wilkins Witherspoon Worley Wright Young Young-Brickell
So, the House refused to adjourn.
Rep. RHOAD moved that the House recur to the morning hour, which was agreed to by a division vote of 56 to 10.
The following was received.
Columbia, S.C., April 23, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators McConnell, Moore and Passailaigue of the Committee of Conference on the part of the Senate on H. 3901:
H. 3901 -- Reps. Harrell, Fleming, Cobb-Hunter, Seithel, A. Young, Limbaugh, Wilkins, Wofford, Hallman, H. Brown, Cain, Cotty, Martin, D. Smith, Fulmer, L. Whipper, Shissias, Quinn, McCraw, Knotts, Stuart, Harrison, Sheheen, Huff, Klauber, Beatty, Limehouse, Whatley, Harwell, Hodges, J. Young, Govan, Herdklotz, Jennings, Richardson, Hutson, Delleney and McElveen: A BILL TO AMEND SECTION 12-51-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF REAL PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO INCREASE THE INTEREST RATE FROM EIGHT TO TWELVE PERCENT IN THE LAST SIX MONTHS OF THE REDEMPTION PERIOD FOR ALL REAL PROPERTY NOT ASSESSED AS OWNER-OCCUPIED RESIDENTIAL PROPERTY.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., April 23, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Martin, Richter and Alexander of the Committee of Conference on the part of the Senate on S. 699:
S. 699 -- Senator Richter: A BILL TO AMEND SECTION 12-51-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF REAL PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO INCREASE THE INTEREST RATE FROM EIGHT TO TWELVE PERCENT IN THE LAST SIX MONTHS OF THE REDEMPTION PERIOD FOR ALL REAL PROPERTY NOT ASSESSED AS OWNER-OCCUPIED RESIDENTIAL PROPERTY.
Very respectfully,
President
Received as information.
The following was introduced:
H. 4975 -- Reps. Davenport, Cromer, Allison, Lanford, Lee, Walker, Littlejohn, D. Smith and Wells: A CONCURRENT RESOLUTION EXTENDING THE BEST WISHES AND HEARTY CONGRATULATIONS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO OUR CURRENT MISS SOUTH CAROLINA, AMANDA ELIZABETH SPIVEY, OF SPARTANBURG COUNTY, ON THE SPECIAL OCCASION OF "MISS SOUTH CAROLINA APPRECIATION DAY", APRIL 30, 1996.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4976 -- Reps. Rhoad and Cave: A BILL TO AMEND SECTION 16-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARSON, SO AS TO PROVIDE A SEPARATE PENALTY FOR ARSON OF A BUILDING OF WORSHIP.
Rep. RHOAD moved to waive Rule 5.12, which was agreed to by a division vote of 42 to 0.
Without reference.
H. 4977 -- Rep. McKay: A BILL TO RESTRICT IN FLORENCE COUNTY THE OPEN BURNING OF LEAVES, TREE BRANCHES, AND YARD TRIMMINGS UNDER CERTAIN CONDITIONS AND TO AUTHORIZE CAMPFIRES ONLY FOR RECREATIONAL PURPOSES OR HUMAN WARMTH.
Referred to Florence Delegation.
S. 778 -- Senator Thomas: A BILL TO AMEND SECTION 17-22-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS NOT TO BE CONSIDERED FOR ADMISSION TO THE PRETRIAL INTERVENTION PROGRAM, SO AS TO PROVIDE THAT A PERSON CHARGED WITH COMMITTING OR ATTEMPTING TO COMMIT A LEWD ACT ON A CHILD UNDER FOURTEEN YEARS OF AGE MAY NOT BE CONSIDERED FOR ADMISSION INTO THE PROGRAM.
Referred to Committee on Judiciary.
S. 1122 -- Senator Giese: A JOINT RESOLUTION EXTENDING THE DEADLINE FOR APPLYING FOR AGRICULTURAL USE VALUATION FOR PROPERTY TAX YEAR 1995 THROUGH JULY 1, 1996.
On motion of Rep. BAXLEY, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
On motion of Rep. SPEARMAN, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 4340 -- Reps. Spearman, Herdklotz, J. Hines, Rice, Sharpe, Cain, Riser, Seithel, Gamble, Meacham and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-390 SO AS TO PROVIDE FOR A SPECIAL GUEST FISHING LICENSE.
Rep. SHEHEEN asked unanimous consent to recall S. 1309 from the Committee on Ways and Means.
Rep. KELLEY objected.
Rep. MOODY-LAWRENCE asked unanimous consent to recall H. 4050 from the Committee on Ways and Means.
Rep. FULMER objected.
Rep. RHOAD asked unanimous consent to recall H. 4763 from the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. WITHERSPOON objected.
Rep. ANDERSON asked unanimous consent to recall S. 1334 from the Committee on Ways and Means.
Rep. FULMER objected.
Rep. HOWARD asked unanimous consent to recall S. 947 from the Committee on Education and Public Works.
Rep. TOWNSEND objected.
Rep. SCOTT asked unanimous consent to recall H. 4658 from the Committee on Judiciary.
Rep. LIMBAUGH objected.
Rep. LOFTIS asked unanimous consent to recall H. 4632 from the Committee on Education and Public Works.
Rep. MOODY-LAWRENCE objected.
The motion period was dispensed with on motion of Rep. TOWNSEND.
The following Joint Resolution was taken up.
H. 3812 -- Reps. Limbaugh, Tripp, Mason, McElveen, Herdklotz, Knotts, Cain, Dantzler, J. Young, R. Smith, Martin, Wilkins, Hallman, Whatley, Law, Felder, Rice, Sandifer, A. Young, Wofford, Simrill, Allison, Harrell, Keegan, Fair, Cotty, Cooper, Easterday, Quinn, Wells, Kelley, Shissias, Limehouse, Fulmer, Seithel, Huff, Fair, Cotty, Harrison, Walker, D. Smith, Robinson, Fleming, Hutson, Witherspoon, Riser, Davenport, Vaughn, Cato, Wright, Littlejohn, Klauber, Lanford, J. Harris, Sharpe and Haskins: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 16 SO AS TO PROHIBIT THE STATE OF SOUTH CAROLINA OR ANY OF ITS POLITICAL SUBDIVISIONS FROM USING RACE, SEX, COLOR, ETHNICITY, OR NATIONAL ORIGIN AS A CRITERION FOR EITHER DISCRIMINATING AGAINST OR GRANTING PREFERENTIAL TREATMENT TO ANY INDIVIDUAL OR GROUP IN THE OPERATION OF THE STATE'S SYSTEM OF PUBLIC EMPLOYMENT, PUBLIC EDUCATION, OR PUBLIC CONTRACTING.
Rep. S. WHIPPER proposed the following Amendment No. 3 (Doc Name P:\amend\JIC\5879DW.96), which was tabled.
Amend the joint resolution, as and if amended, page 1, line 29, by striking /either/ and /, or/ and on line 30, by striking /granting preferential treatment to/.
Amend further, page 2, line 28, by striking /either/ and /, or/ and on line 29, by striking /granting preferential treatment to,/.
Amend title to conform.
Rep. S. WHIPPER explained the amendment.
Rep. LIMBAUGH moved to table the amendment.
Rep. L. WHIPPER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Boan Brown, H. Cain Carnell Cato Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Fulmer Gamble Hallman Harris, J. Harrison Haskins Herdklotz Hutson Keegan Kelley Keyserling Kinon Kirsh Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Loftis Marchbanks Mason McKay Meacham Neilson Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stuart Townsend Tripp Trotter Tucker Vaughn Walker Wells Whatley Wilkins Witherspoon Wofford Worley Wright Young Young-Brickell
Those who voted in the negative are:
Anderson Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Clyburn Cobb-Hunter Govan Harvin Hines, J. Hodges Howard Inabinett Jennings Lee Lloyd McAbee McMahand McTeer Moody-Lawrence Neal Phillips Rhoad Scott Waldrop Whipper, L. Whipper, S. White Wilder Wilkes
So, the amendment was tabled.
The SPEAKER granted Rep. HODGES a leave of absence for the remainder of the day to attend to business matters in Lancaster.
Rep. S. WHIPPER proposed the following Amendment No. 4 (Doc Name P:\amend\JIC\5878DW.96), which was tabled.
Amend the joint resolution, as and if amended, page 1, by striking subsection (D), as contained in Section 16, Article XVII of the Constitution of this State, lines 37 through 41, and on page 2, by striking lines 1 and 2.
Amend title to conform.
Rep. S. WHIPPER explained the amendment.
Rep. LIMBAUGH spoke against the amendment and moved to table the amendment.
Rep. COBB-HUNTER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Baxley Boan Brown, G. Brown, H. Cain Cato Cotty Dantzler Davenport Delleney Easterday Fleming Fulmer Gamble Hallman Harrell Harris, J. Harrison Haskins Herdklotz Hutson Jaskwhich Keegan Kelley Kirsh Knotts Koon Limbaugh Limehouse Littlejohn Loftis Marchbanks Martin Mason McCraw McKay McTeer Meacham Quinn Rice Richardson Riser Sandifer Seithel Sheheen Simrill Smith, D. Smith, R. Spearman Stille Thomas Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Wilkes Wilkins Wofford Worley Wright Young Young-Brickell
Those who voted in the negative are:
Anderson Breeland Brown, J. Brown, T. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Cromer Govan Harvin Hines, J. Howard Inabinett Jennings Lee Lloyd McAbee McMahand Neal Neilson Rhoad Scott Sharpe Shissias Stuart Whipper, L. Whipper, S. White Wilder
So, the amendment was tabled.
Rep. S. WHIPPER proposed the following Amendment No. 5 (Doc Name P:\amend\JIC\5877DW.96).
Amend the joint resolution, as and if amended, page 2, line 19, by inserting:
/(I) (1) Nothing in this section shall be interpreted or construed as prohibiting or restricting the ability of this State or any of its agencies, or divisions, or political subdivisions from developing remedies or programs or measures to alleviate unfair treatment of any individual as a result of their national origin, sex, religion, race, or ethnicity.
(2) The determination of unfairness shall be made by the Governor's Commission on Race Relations, the agency, division, or political subdivision involved, and those state agencies authorized to monitor and investigate issues of discrimination./
Amend title to conform.
Rep. S. WHIPPER explained the amendment.
Rep. LIMBAUGH spoke against the amendment and moved to adjourn debate upon the Bill.
Rep. J. BROWN moved to continue the Bill.
Rep. SIMRILL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Baxley Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Cave Clyburn Govan Harvin Hines, J. Inabinett Jennings Kinon Lee Lloyd Martin McAbee McMahand McTeer Scott White Wilkes
Those who voted in the negative are:
Allison Bailey Boan Brown, H. Cain Carnell Cato Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Fleming Gamble Hallman Harrell Harris, J. Harrison Haskins Herdklotz Howard Hutson Jaskwhich Keegan Keyserling Kirsh Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Loftis Marchbanks Mason McCraw McKay Meacham Neal Neilson Phillips Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stuart Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Worley Wright Young Young-Brickell
So, the House refused to continue the Bill.
The question then recurred to the motion to adjourn debate until Thursday, April 25, which was agreed to.
Rep. SCOTT moved that the House do now adjourn.
Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Breeland Cave Cobb-Hunter Howard Lee Martin McTeer Scott White
Those who voted in the negative are:
Allison Baxley Boan Brown, G. Brown, H. Brown, J. Cain Carnell Cato Cooper Cotty Cromer Dantzler Davenport Easterday Gamble Hallman Harrell Harris, J. Harvin Herdklotz Keegan Kelley Keyserling Kinon Kirsh Knotts Koon Lanford Law Limbaugh Loftis Marchbanks Mason McAbee McCraw McKay Meacham Neilson Phillips Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stuart Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Wilkes Wilkins Witherspoon Wofford Wright Young-Brickell
So, the House refused to adjourn.
The following Bill was taken up.
H. 4498 -- Reps. Harrison, Hodges, Jennings, D. Smith, Cromer, Wofford, Govan, Tucker, Fleming, Knotts, Shissias, Thomas and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-17-4096 SO AS TO PROHIBIT TRESPASSING UPON RAILROAD TRACKS AND PROVIDE PENALTIES FOR VIOLATIONS.
Reps. HARRISON proposed the following Amendment No. 2 (Doc Name P:\amend\GJK\22740SD.96), which was ruled out of order.
Amend the bill, as and if amended, by striking Section 58-17-4096 of the 1976 Code, as contained in SECTION 1, and inserting:
/Section 58-17-4096. A rail carrier shall have no liability for injury to or death of any person who enters onto a railroad track without authority unless that person's injury or death is caused by a train operated in a manner inconsistent with state or federal law. For the purposes of this section, a person shall be deemed to have authority to enter onto a railroad track if that person is a railroad employee or public official or if that person is transacting some business with the railroad which requires entry onto the railroad track. For the purposes of this section, 'railroad track' must be defined as the entire structure used to guide railroad trains, locomotives, cars, and other vehicles with flanged wheels. 'Railroad track' includes rails, joints, spikes, rail anchors, tie plates, crossties, and ballast, and the term encompasses everything between the outer edges of the ballast comprising the lower part of the tract structure./
Renumber sections to conform.
Amend totals and title to conform.
Rep. HARRISON explained the amendment.
Rep. BAXLEY made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER overruled the Point of Order.
Rep. BAXLEY raised the Point of Order that Amendment No. 2 was out of order as it was not germane.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Rep. HARRISON moved to recommit the Bill to the Committee on Judiciary, which was agreed to.
Rep. SIMRILL moved to adjourn debate upon the following Bill until Thursday, April 25, which was adopted.
S. 517 -- Senator Patterson: A BILL TO AMEND SECTION 8-11-640, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDIT FOR PRIOR STATE SERVICE IN COMPUTING BONUS LEAVE EARNINGS AND OTHER RELATED MATTERS, SO AS TO INCREASE FROM TEN TO TWENTY THE MAXIMUM NUMBER OF YEARS FOR WHICH CERTAIN EMPLOYEES SHALL RECEIVE CREDIT FOR PRIOR STATE SERVICE FOR PURPOSES OF COMPUTING BONUS EARNINGS.
The following Bill was taken up.
H. 4443 -- Reps. Wright, Richardson, Cooper, Townsend, Allison, Littlejohn, Kelley and Jaskwhich: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 40 SO AS TO ENACT THE SOUTH CAROLINA CHARTER SCHOOL ACT WHICH PROVIDES FOR THE MANNER IN WHICH A CHARTER SCHOOL SHALL BE FORMED, FUNDED, REGULATED, AND GOVERNED, AND TO ESTABLISH A CHARTER SCHOOLS REVIEW COMMITTEE TO REVIEW THE IMPLEMENTATION AND EFFECTIVENESS OF THIS ACT.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PFM\9110SD.96), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Title 59 of the 1976 Code is amended by adding:
Section 59-40-10. This chapter is known and may be cited as the 'South Carolina Charter Schools Act of 1996'.
Section 59-40-20. The General Assembly finds:
(A) It is the obligation of all South Carolinians to provide all children with schools that reflect high expectations and create conditions in all schools where these expectations can be met.
(B) Education reform is in the best interests of the State in order to strengthen the performance of elementary and secondary public school pupils, that the best education decisions are made by those who know the students best and who are responsible for implementing the decisions and therefore, that parents and educators have a right and a responsibility to participate in the education institutions which serve them.
(C) Different pupils learn differently and public school programs should be designed to fit the needs of individual pupils, both those who are particularly talented and those who are 'at risk'. There are educators, citizens, and parents in South Carolina who are willing and able to offer innovative programs, educational techniques, and environments but who lack a channel through which they can direct their efforts.
Section 59-40-30. This chapter is enacted to:
(A) improve student learning;
(B) increase learning opportunities for students;
(C) encourage the use of a variety of productive teaching methods;
(D) establish new forms of accountability for schools;
(E) create new professional opportunities for teachers, including the opportunity to be responsible for the learning program at the school site;
(F) assist South Carolina in reaching academic excellence; and
(G) empower parents to make choices for their children.
Section 59-40-40. In authorizing charter schools, it is the intent of the General Assembly to create a legitimate avenue for parents, teachers, and community members to take responsible risks and create new, innovative, and more flexible ways of educating all children within the public school system. The General Assembly seeks to create an atmosphere in South Carolina's public school systems where research and development in producing different learning opportunities is actively pursued and where classroom teachers are given the flexibility to innovate and the responsibility to be accountable. As such, the provisions of this chapter should be interpreted liberally to support the findings and goals of this chapter and to advance a renewed commitment by the State of South Carolina to the mission, goals, and diversity of public education.
Section 59-40-50. As used in this chapter:
(A) A 'charter school' means a public, nonsectarian, nonreligious, nonhome-based, nonprofit corporation forming a school which operates within a public school district, but is accountable to the local school board of trustees of that district, which grants its charter. Nothing herein prevents a charter school from contracting with a for-profit corporation to operate the school.
(B) A charter school:
(1) is considered a public school and part of the school district in which it is located for the purposes of district reporting requirements, state law, and the state constitution;
(2) is subject to all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, gender, national origin, religion, ancestry, or need for special education services;
(3) must be administered and governed by a governing body in a manner agreed to by the charter school applicant and the approving body, the governing body to be selected in the manner provided in Section 59-40-60(B)(10). Enrollment must be open to any child who resides within the school district;
(4) shall not charge tuition or other charges of any kind except as may be allowed by the approving body.
(C) 'Applicant' means the person who desires to form a charter school and files the necessary application therefor with the approving body. The applicant also must be the person who applies to the Secretary of State to organize the charter school as a nonprofit corporation.
(D) 'Approving body' means the local school board of trustees established as provided by law, from which the charter school applicant requested its charter, and which granted approval for the charter school's existence.
(E) 'Certified teacher' means a person certified by the State of South Carolina to teach in a public elementary or secondary school.
(F) 'Charter committee' means the governing body of a charter school and also shall be the board of directors of the corporation which must be organized.
(G) 'Department' means the State Department of Education.
(H) 'Local school board of trustees' means the local school district board of trustees established as provided by law of the district in which the charter school is located and which is considered the sponsor of the charter school.
(I) 'State board' means the State Board of Education.
(J) 'Teacher' means a person granted a certificate by the State of South Carolina as provided by law to teach in a public elementary or secondary school, or an individual considered appropriately qualified for the subject matter taught, and who has been approved by the charter committee of the school.
Section 59-40-60. (A) Except as otherwise provided in this chapter, a charter school is exempt from all provisions of laws and regulations applicable to a public school, a school board, or a district, although a charter school may elect to comply with one or more of these provisions of law or regulations.
(B) A charter school shall:
(1) adhere to the same health, safety, and civil rights requirements as are applied to public schools operating in the same school district;
(2) meet but may exceed the same minimum student attendance requirements as are applied to public schools operating in the same district;
(3) adhere to the same financial audits, audit procedures, and audit requirements as are applied to public schools operating in the same school district;
(4) be considered a school district for purposes of tort liability under the laws of this State, except that the tort immunity shall not include acts of intentional or wilful racial discrimination by the governing body or employees of the charter school. Employees of charter schools shall be relieved of personal liability for any tort or contract related to their school to the same extent that employees of traditional public schools in their school district are relieved;
(5) in its discretion hire noncertified teachers in a ratio of up to twenty-five percent of its entire teacher staff. Part-time noncertified teachers shall be considered pro rata in calculating this percentage based on the hours which they are expected to teach;
(6) admit all children eligible to attend public school in a school district who are eligible to apply for admission to a charter school operating in that school district, subject to space limitations. If the number of applications exceeds the capacity of a program, class, grade level, or building, students therefor shall be accepted by lot and there is no appeal to the sponsor;
(7) not limit or deny admission or show preference in admission decisions to any individual or group of individuals; provided, however, that a charter school may give enrollment priority to a sibling of a pupil already enrolled, and children of a charter school employee;
(8) in its discretion, charge a student tuition up to an amount equal to the per student amount distributed to the charter school, if a charter school enrolls a student who resides in a school district other than the district in which the charter school is located;
(9) obtain prior parental written permission before a student may participate in an activity proscribed by state law;
(10) elect its governing body annually. All employees of the charter school and all parents or guardians of students enrolled in the charter school shall be eligible to participate in the election. Parents or guardians of a student shall have one vote for each student enrolled in the charter school. At all times, the governing body of the charter school shall include one or more teachers;
(11) be subject to the Freedom of Information Act, including the charter school and its governing body.
(C)(1) If a charter school denies admission to a student, the student may appeal the denial to the State Board of Education. The decision shall be binding on the student and the charter school.
(2) If a charter school suspends or expels a student, the sponsor or the local school district of the student's residence, if different from the sponsor, shall have the authority but not the obligation to refuse admission to the student.
(3) The sponsor, or the local school district of the student's residence if different from the sponsor, shall have no obligation to provide extracurricular activities or access to facilities of the school district for students enrolled in the charter school.
Section 59-40-65. (A) All instructional materials, including teachers' manuals, films, tapes, or other supplementary material which shall be used in charter schools, in connection with any survey, analysis, or evaluation as part of any applicable program shall be available for inspection by the parents or guardians of the children.
(B) No student shall be required at a charter school, as part of any applicable program, to submit to a survey, analysis, or evaluation that reveals information concerning:
(1) political affiliations;
(2) mental and psychological problems potentially embarrassing to the student or his family;
(3) sex behavior and attitudes;
(4) illegal, anti-social, self-incriminating, and demeaning behavior;
(5) critical appraisals of other individuals with whom respondents have close family relationships;
(6) legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers; or
(7) income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program) without prior consent of the student if the student is an adult or emancipated minor, or in the case of an unemancipated minor, without the prior written consent of the parent or guardian.
(C) The charter school shall give parents and students effective notice of their rights under this section.
(D) The State Superintendent of Education shall take such action as the superintendent determines appropriate to enforce this section, except that action to terminate assistance provided to a charter school by the State shall be taken only if the superintendent determines that:
(1) there has been a failure to comply with this section; and
(2) compliance with this section cannot be secured by voluntary means.
Section 59-40-70. (A) An approved charter application constitutes an agreement, and the terms shall be the terms of a contract between the charter school and the approving body.
(B) The contract between the charter school and the approving body shall reflect all agreements regarding the release of the charter school from local school district policies. A charter school may submit a waiver to the state board for release from state regulations with exceptions noted.
(C) A material revision of the terms of the contract between the charter school and the approving board may be made only with the approval of both parties.
(D) Except as provided in subsection (F), an applicant who wishes to form a charter school shall:
(1) organize the charter school as a nonprofit corporation under the laws of this State;
(2) elect a charter committee for the charter school;
(3) submit a written charter school application to the local school board of trustees for the school district in which the charter school will be located.
(E) A charter committee shall be responsible for and have the power to:
(1) submit an application to operate as a charter school, sign a charter school contract, and ensure compliance with all of the requirements for charter schools provided by law;
(2) employ and contract with teachers and nonteaching employees, contract for other services, and develop pay scales, performance criteria and discharge policies for its employees. All teachers whether certified or noncertified must undergo the background checks and other investigations required for certified teachers as provided by law before they may teach in the charter school; and
(3) decide all other matters related to the operation of the charter school, including budgeting, curriculum, and operating procedures.
(F) The charter school application shall be a proposed agreement and shall include:
(1) the mission statement of the charter school, which must be consistent with the principles of the General Assembly's purposes as set forth in Section 59-40-30;
(2) the goals, objectives, and pupil achievement standards to be achieved by the charter school, and a description of the charter schools admission policies and procedures;
(3) evidence that an adequate number of parents, teachers, pupils, or any combination thereof support the formation of a charter school;
(4) a description of the charter school's educational program, pupil achievement standards, and curriculum, which must meet or exceed any content standards adopted by the school district in which the charter school is located and must be designed to enable each pupil to achieve these standards;
(5) a description of the charter school's plan for evaluating pupil achievement, the types of assessments that shall be used to measure pupil progress towards accomplishment of the school's pupil achievement standards in addition to state assessments, the timeline for achievement of these standards, and the procedures for taking corrective action in the event that pupil achievement at the charter school falls below the standards;
(6) a description of the charter school's plan for evaluating teacher performance, the types of assessments that shall be used to measure teacher progress towards achievement of the school's teacher performance standards, the timeline for achievement of these standards, and the procedure for taking corrective action in the event that teacher performance at the charter school falls below the standards;
(7) evidence that the plan for the charter school is economically sound, a proposed budget for the term of the charter, a description of the manner in which an annual audit of the financial and administrative operations of the charter school, including any services provided by the school district, is to be conducted;
(8) a description of the governance and operation of the charter school, including the nature and extent of parental, professional educator, and community involvement in the governance and operation of the charter school, as well as a description of the admissions policies;
(9) an explanation of the relationship that shall exist between the proposed charter school and its employees, including evidence that the terms and conditions of employment have been addressed with affected employees;
(10) an agreement between the parties regarding their respective legal liability and applicable insurance coverage;
(11) a description of how the charter school plans to meet the transportation needs of its pupils;
(12) a description of the planned facilities of the charter school and how such facilities shall be obtained;
(13) a description of a reasonable grievance and termination procedure as required by this chapter, including notice and a hearing before the governing body of the charter school. The application shall state whether or not the provisions of Article 5, Chapter 25 of Title 59 will apply to the employment and dismissal of teachers at the charter school;
(14) a description of student rights and responsibilities, including behavior and discipline standards, and a reasonable hearing procedure, including notice and a hearing before the board of directors of the charter school prior to expulsion.
(F) Nothing in this chapter shall be construed to prevent a charter school in a school district which is comprised of only one school or type of school, be it elementary or secondary.
Section 59-40-80. (A) The approving body may establish a schedule for receiving applications from charter schools and shall make a copy of any schedule available to all interested parties upon request. If the approving body finds the charter school application is incomplete or fails to meet the spirit and intent of this chapter, it immediately shall request the necessary information from the charter applicant.
(B) After giving reasonable public notice, the approving body shall hold community meetings in the affected areas or the entire school district to obtain information to assist it in their decision to grant a charter school application. The approving body shall rule on the application for a charter school in a public hearing, upon reasonable public notice, within ninety days after receiving the application. If there is no ruling within ninety days, the application is considered approved.
(C) A local school board of trustees shall only deny an application if the application does not meet the requirements specified in Section 59-40-60 or 59-40-70 or fails to meet the spirit and intent of this chapter. It shall provide, within ten days, a written explanation of the reasons for denial, citing specific provisions of Section 59-40-60 or 59-40-70 that the application violates. This written explanation immediately shall be sent to the charter committee and filed with the State Board of Education.
(D) If the local school board of trustees denies a charter school application, the charter applicant may appeal the denial to the State Board of Education pursuant to Section 59-40-90 or may amend its application to conform with the reasons for denial and reapply to the approving body, which has thirty days to approve or deny the application.
(E) If the approving body approves the application, it becomes the charter school's sponsor and shall sign the charter application with the charter committee of the charter school. A copy of the charter shall be filed with the State Board of Education.
Section 59-40-90. (A) The State Board of Education, upon receipt of a notice of appeal or upon its own motion, shall review a decision of any local school board of trustees concerning charter schools in accordance with the provisions of this section.
(B) A charter applicant who wishes to appeal an adverse decision shall provide the State Board of Education and the local school board of trustees with a notice of appeal within ten days of the local board's decision.
(C) If the notice of appeal or the motion to review by the State Board of Education relates to a local board's decision to deny, refuse to renew, or revoke a charter, the appeal and review process shall be:
(1) within thirty days after receipt of the notice of appeal or the making of a motion to review by the State Board of Education and after reasonable public notice, the State Board of Education, at a public hearing which may be held in the district where the proposed charter school is located, shall review the decision of the local school board of trustees and make its findings known. The state board may affirm, reverse, or remand the application for action by the local board in accordance with an order of the state board. If the state board remands the application, it shall do so with written instructions for reconsideration. These instructions shall include specific recommendations concerning the matters requiring reconsideration;
(2) within thirty days following the remand of a decision to the local board of trustees and with reasonable public notice, the local school board of trustees, at a public hearing, shall reconsider its decision and make a final decision. No further administrative appeal may be taken from this decision. However, any final decision of the local School Board of Trustees after remand from the State Board or a final decision of the state board may be appealed by any party to the circuit court for the county in which the proposed charter school is or was to have located.
Section 59-40-100. (A) An existing public school may be converted into a charter school if two-thirds of the faculty and instructional staff employed at the school and two-thirds of all parents or legal guardians of students enrolled in the school agree to the filing of an application with the local school board of trustees for the conversion and formation of that school into a charter school. The application shall be submitted by the principal of that school or his designee who shall be deemed the applicant. The application shall include all information required of other applications under this chapter. The local school board of trustees shall approve or disapprove this application in the same manner it approves or disapproves other applications.
(B) If the application for a conversion of an existing public school identifies existing school facilities to be occupied by the charter school, the school district in which the charter school is located shall allow the charter school to convert those school facilities to the use of the charter school, as specified in the application. The school district and the charter school shall enter into a lease agreement charging a reasonable rent for the facilities. If the parties cannot agree to reasonable rent within ninety days after all required votes for conversion have been conducted and the application filed, each party shall choose an appraiser, who together shall choose a third appraiser, and the appraisers shall determine a reasonable rent by majority vote. The determination of the appraisers is final and binding on the parties. Each party shall bear its own costs for this process. The lease agreement shall specify the party that has financial liability for all utilities, maintenance, improvements, and other costs for the facilities occupied by the charter school.
(C) A converted charter school and the school district shall enter into a contract or cooperative arrangement concerning reasonable general liability insurance for the charter school.
(D) A converted charter school shall offer at least the same grades, or nongraded education appropriate for the same ages and education levels of pupils, as offered by the school immediately before conversion, and also may provide additional grades and further educational offerings.
(E) Teachers and other employees of a converted school who desire to teach or work at the converted school may do so but shall remain employees of the local school district with the same compensation and benefits including any future increases therein. The converted charter school annually shall reimburse the local school district for the compensation and employer contribution benefits paid to or on behalf of these teachers and employees.
Section 59-40-110. (A) A charter may be approved or renewed for a period not to exceed three school years.
(B) A charter renewal application shall be submitted to the school's original approving body, and it shall contain:
(1) a report on the progress of the charter school in achieving the goals, objectives, pupil achievement standards, content standards, and other terms of the initial approved charter application; and
(2) a financial statement that discloses the costs of administration, instruction, and other spending categories for the charter school that is understandable to the general public and that will allow comparison of these costs to other schools or other comparable organizations, in a format required by the State Board of Education.
(C) A charter may be revoked or not renewed by the original approving body if it determines that the charter school:
(1) committed a material violation of the conditions, standards, or procedures set forth in the charter application;
(2) failed to meet or make reasonable progress toward achievement of the content standards or pupil achievement standards identified in the charter application;
(3) failed to meet generally accepted standards of fiscal management; or
(4) violated any provision of law from which the charter school was not specifically exempted.
(E) At least sixty days before not renewing or terminating a charter school, the sponsor shall notify the charter school's governing body of the proposed action in writing. The notification shall state the grounds for the proposed action in reasonable detail. Termination must follow the procedure set forth herein.
(F) The charter school's governing body may request in writing a hearing before the sponsor within fourteen days of receiving notice of nonrenewal or termination of the charter. Failure by the school's governing body to make a written request for a hearing within fourteen days shall be treated as acquiescence to the proposed action. Upon receiving a timely written request for a hearing, the sponsor shall give reasonable notice to the school's governing body of the hearing date. The sponsor shall conduct a hearing before taking final action. The sponsor shall take final action to renew or not renew a charter by the last day of classes in the last school year for which the charter school is authorized.
(G) A decision to revoke or not to renew a charter school may be appealed to the state board pursuant to the provisions of Section 59-40-90.
Section 59-40-120. Upon dissolution of a charter school, its assets may not inure to the benefit of any private person. Any assets obtained through restricted agreements with a donor through awards, grants, or gifts shall be returned to that entity; all other assets become property of the sponsor.
Section 59-40-130. (A) If an employee of a local school district makes a written request for a leave to be employed at a charter school, the school district shall grant the leave for any number of years requested by the employee, and must extend the leave at the employee's request. The school district may require that the request for leave or extension of leave be made by the date under state law for the return of teachers' contracts. Employees granted a leave to be employed at a charter school may apply for reemployment with the local district and the local district at its option may reemploy the employee in the same teaching or administrative contract status as when they left or in any other capacity.
(B) During a leave, the employee may continue to accrue benefits and credits in the South Carolina Retirement System by paying the employee contributions based upon the annual salary of the employee and the charter school shall pay the employer contribution. The South Carolina Retirement System may impose reasonable requirements to administer this section.
(C) The provisions of this section do not apply to teachers and other employees of a converted school whose employment relation shall be governed by Section 59-40-100(E).
Section 59-40-140. (A) A sponsor shall distribute state, county, and school district funds to a charter school as determined by the following formula: The previous year's audited total general fund expenditure including capital outlay and maintenance but not including expenditures from bonded indebtedness or debt repayment shall be divided by the previous year's weighted students, then increased by the EFA inflation factor for the years following the audited expenditures, then multiplied by the weighted students enrolled in the charter school, which will be subject to adjustment for student attendance and state budget allocations based on the same criteria as the local school district. All state and local funding shall be distributed by the local school district to the charter school monthly beginning July first following approval of the charter school application.
(B) During the year of the charter school's operation, as received, and to the extent allowed by federal law, a sponsor shall distribute to the charter school federal funds which are allocated to the local school district on the basis of the number of special characteristics of the students attending the charter school. Charter schools which self-administer shall make no contribution to a district's administrative expenditures. (C) Notwithstanding subsection (B), the proportionate share of state and federal resources generated by students with disabilities or staff serving them shall be directed to charter schools enrolling these students by their school districts. The proportionate share of funds generated under other federal or state categorical aid programs shall be directed to charter schools serving students eligible for the aid.
(D) No charter school is required to issue a contract to a person or entity. All charter school contracts shall be issued on a competitive basis taking into consideration the resources available for the proposed school, the population to be served, and the educational goals to be obtained.
(E) All services centrally or otherwise provided by the school district, if any, including, but not limited to, food services, custodial services, maintenance, curriculum, media services, libraries, and warehousing are subject to negotiation between a charter school and the school district.
(F) All awards, grants, or gifts collected by a charter school shall be retained by the charter school.
(G) The governing body of a charter school is authorized to accept gifts, donations, or grants of any kind made to the charter school and to expend or use the gifts, donations, or grants in accordance with the conditions prescribed by the donor. No gifts or donation shall be a requirement for admission. However, no gift, donation, or grant may be accepted by the governing board if subject to any condition contrary to law or contrary to the terms of the contract between the charter school and the governing body.
(H) A charter school shall report to its sponsor and the department any change to information provided under its application. In addition, a charter school shall report at least annually to its sponsor and the department all information required by the sponsor or the department and including, at a minimum, the number of students enrolled in the charter school, the success of students in achieving the specific educational goals for which the charter school was established, and the identity and certification status of the teaching staff.
(I) The approving body shall provide technical assistance to persons and groups preparing or revising charter applications at no expense.
(J) Charter schools may acquire by gift, devise, purchase, lease, sublease, installment purchase agreement, land contract, option, or by any other means, and hold and own in its own name buildings or other property for school purposes, and interests in it which is necessary or convenient to fulfill its purposes.
(K) Charter schools are exempt from all state and local taxation, except the sales tax, on their earnings and property. Instruments of conveyance to or from a charter school are exempt from all types of taxation of local or state taxes and transfer fees.
Section 59-40-145. (A) The department shall disseminate information to the public, directly and through sponsors, on how to form and operate a charter school and how to utilize the offerings of a charter school.
(B) At least annually, the department shall provide upon request a directory of all charter schools authorized under this chapter with information concerning the educational goals of each charter school, the success of each charter school in meeting its educational goals, and procedures to apply for admission to each charter school.
(C) The department shall bear the cost of complying with this section.
Section 59-40-150. (A) The State Board of Education shall compile evaluations of charter schools received from local school boards of trustees. They shall review information regarding the regulations and policies from which charter schools were released to determine if the releases assisted or impeded the charter schools in meeting their stated goals and objectives.
(B) The State Board of Education shall review the implementation and effectiveness of this chapter, review comprehensive reports issued by local school boards concerning successes or failures of charter schools, report to the Governor and General Assembly interim results by July 1, 1998, and issue a final report and recommendations to the Governor and General Assembly during the fifth year after the effective date of this chapter.
(C) In preparing the report required by this section, the State Board of Education shall compare the performance of charter school pupils in meeting state content standards with the performance of ethnically and economically comparable groups of pupils in other public schools who are enrolled in academically comparable courses.
Section 59-40-155. A charter schools stimulus fund may be established by the General Assembly as a fund separate and distinct from the state general fund for the purpose of providing financial support to charter school applicants and charter schools for start-up costs and costs associated with renovating or remodeling existing buildings and structures. The fund may consist of grants, gifts, devises, and donations from any public or private source. The State Treasurer shall invest the monies in the fund in the same manner as other funds under his control are invested. The State Department of Education shall administer and authorize any disbursements from the fund.
Section 59-40-160. The State Department of Education, in conjunction with the Budget and Control Board, shall publish annually a list of vacant and unused buildings and vacant and unused portions of buildings that are owned by this State or by school districts in this State and that may be suitable for the operation of a charter school. The State Department of Education shall make the list available to applicants for charter schools and to existing charter schools. The list shall include the address of each building, a short description of the building, and the name of the owner of the building. Nothing in this section requires the owner of a building on the list to sell or lease the building or a portion of the building to a charter school or to any other school or to any other prospective buyer or tenant.
Section 59-40-170. The State Board of Education may promulgate regulations necessary to implement the provisions of this chapter.
Section 59-40-180. (A) The governing body of a charter school may sue and be sued. The governing body may not levy taxes or issue bonds.
(B) A sponsor is not liable for any of the debts of the charter school.
(C) A sponsor, members of the board of a sponsor, and employees of a sponsor acting in their official capacity are immune from liability with respect to all activities related to a charter school they sponsor in the same manner they are immune from liability in the course of their normal public duties. The governing body of a charter school shall obtain at least the amount of and types of insurance required for this purpose.
Section 59-40-190. A sponsor may conditionally authorize a charter school before the applicant has secured its space, equipment, facilities, and personnel if the applicant indicates such authority is necessary for it to meet the requirements of this chapter. Conditional authorization does not give rise to any equitable or other claims based on reliance, notwithstanding any promise, parol, written, or otherwise, contained in the authorization or acceptance of it, whether preceding or following the conditional authorization."
SECTION 2. This act takes effect July 1, 1996./
Renumber sections to conform.
Amend totals and title to conform.
Rep. WRIGHT explained the amendment.
Rep. RICHARDSON spoke in favor of the amendment.
The amendment was then adopted.
Rep. COBB-HUNTER proposed the following Amendment No. 2 (Doc Name P:\amend\GJK\22756SD.96), which was tabled.
Amend the Report of the Committee on Education and Public Works, as and if amended, in Section 59-40-60 of the 1976 Code as contained in SECTION 1, page 4443-4, line 15, by striking /twenty-five/ and inserting /ten/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. COBB-HUNTER explained the amendment.
Rep. WRIGHT moved to table the amendment, which was agreed to by a division vote of 52 to 20.
Rep. COBB-HUNTER proposed the following Amendment No. 3 (Doc Name P:\amend\GJK\22757SD.96), which was adopted.
Amend the Report of the Committee on Education and Public Works, as and if amended, in Section 59-40-80 of the 1976 Code, as contained in SECTION 1, by striking the first sentence of subsection (C) which begins on line 31, page 4443-8, and inserting /A local school board of trustees shall only deny an application if the application does not meet the requirements specified in Section 59-40-60 or 59-40-70, fails to meet the spirit and intent of this chapter, or if the local board deems it will adversely affect the remaining students in the district./
Renumber sections to conform.
Amend totals and title to conform.
Rep. COBB-HUNTER explained the amendment.
The amendment was then adopted.
Rep. COBB-HUNTER proposed the following Amendment No. 4 (Doc Name P:\amend\GJK\22666SD.96), which was tabled.
Amend the Report of the Committee on Education and Public Works, as and if amended, in Section 59-40-50(A) of the 1976 Code, as contained in SECTION 1, by striking the last sentence which begins on line 33, page 4443-2.
Renumber sections to conform.
Amend totals and title to conform.
Rep. COBB-HUNTER explained the amendment.
Rep. TOWNSEND moved to table the amendment.
Rep. GOVAN demanded the yeas and nays, which were not ordered.
The amendment was then tabled.
Rep. COBB-HUNTER proposed the following Amendment No. 5 (Doc Name P:\amend\GJK\22667SD.96), which was tabled.
Amend the Report of the Committee on Education and Public Works, as and if amended, in Section 59-40-60 of the 1976 Code, as contained in SECTION 1, by striking subsection (B)(5) which begins on line 14, page 4443-4.
Renumber sections to conform.
Amend totals and title to conform.
Rep. COBB-HUNTER explained the amendment.
Rep. RICHARDSON spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 47 to 18.
Rep. COOPER moved immediate cloture on the entire matter, which was agreed to by a division vote of 55 to 32.
Rep. COBB-HUNTER proposed the following Amendment No. 6 (Doc Name P:\amend\GJK\22668SD.96), which was tabled.
Amend the Report of the Committee on Education and Public Works, as and if amended, in Section 59-40-80 of the 1976 Code, as contained in SECTION 1, by striking the first sentence of subsection (C) which begins on line 31, page 4443-8, and inserting /A local school board of trustees shall only deny an application if the application does not meet the requirements specified in Section 59-40-60 or 59-40-70, fails to meet the spirit and intent of this chapter, or if the local board deems it will adversely affect the other schools in the district./
Renumber sections to conform.
Amend totals and title to conform.
Rep. COBB-HUNTER moved to table the amendment, which was agreed to.
Rep. SCOTT proposed the following Amendment No. 8, which was tabled.
All charter schools must be conducted in buildings owned by the district.
Rep. SCOTT explained the amendment and moved to table the amendment, which was agreed to.
Rep. SCOTT proposed the following Amendment No. 9, which was tabled.
All funds and in kind contributions must be surrendered to the district for consideration if given to a charter school.
Rep. SCOTT explained the amendment.
Rep. TOWNSEND moved to table the amendment, which was agreed to.
Rep. SCOTT proposed the following Amendment No. 10, which was tabled.
Line 8, charter schools will follow the same enrollment procedures as regular school districts.
Rep. SCOTT moved to table the amendment, which was agreed to.
Rep. SCOTT proposed the following Amendment No. 11, which was tabled.
School districts must have at least three (3) public hearings within the district in order to establish a charter school.
Rep. SCOTT explained the amendment.
Rep. MARCHBANKS raised the Point of Order that Amendment No. 11 was out of order as it was not germane.
The SPEAKER overruled the Point of Order.
Rep. WRIGHT spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 59 to 17.
Rep. SCOTT proposed the following Amendment No. 12, which was tabled.
Page 4, line 38, delete "parents... charter schools."
Rep. SCOTT moved to table the amendment, which was agreed to.
Rep. SCOTT proposed the following Amendment No. 13, which was tabled.
Page 5, (C)(1) after the words "to the" insert:
school district
Rep. SCOTT explained the amendment.
Rep. RICHARDSON moved to table the amendment, which was agreed to.
Rep. SCOTT proposed the following Amendment No. 14, which was tabled.
Section 59-40-65, Line 16, after children insert must be sent to the Department of Education for review.
Rep. SCOTT explained the amendment.
Rep. RICHARDSON spoke against the amendment and moved to table the amendment, which was agreed to.
Rep. SCOTT proposed the following Amendment No. 15, which was tabled.
On line 38, page 4, delete "for each student enrolled in the"
Rep. SCOTT explained the amendment.
Rep. RICHARDSON moved to table the amendment, which was agreed to by a division vote of 56 to 14.
Rep. COBB-HUNTER proposed the following Amendment No. 7 (Doc Name P:\amend\GJK\22669SD.96), which was tabled.
Amend the Report of the Committee on Education and Public Works, as and if amended, in Section 59-40-100 of the 1976 Code, as contained in SECTION 1, by inserting at the end of subsection (E) which begins on line 31, page 4443-10, /Certified employees at a converted charter school shall continue to be covered by the provisions of Article 5, Chapter 25 of Title 59, relating to employment and dismissal of teachers and other personnel./
Renumber sections to conform.
Amend totals and title to conform.
Rep. COBB-HUNTER explained the amendment.
Rep. RICHARDSON spoke against the amendment and moved to table the amendment, which was agreed to.
Reps. SCOTT, NEAL, GOVAN and HOWARD spoke against the Bill.
Pursuant to Rule 7.7 the yeas and nays were taken on the passage of the Bill, as amended, resulting as follows:
Those who voted in the affirmative are:
Bailey Baxley Brown, H. Cain Carnell Cato Cooper Dantzler Davenport Delleney Easterday Fulmer Gamble Hallman Harrell Harrison Haskins Herdklotz Jaskwhich Keegan Kelley Keyserling Kinon Kirsh Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Loftis Marchbanks Martin Mason McAbee McKay McTeer Neilson Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Sheheen Simrill Smith, R. Spearman Stille Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Waldrop Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkins Witherspoon Worley Wright Young Young-Brickell
Those who voted in the negative are:
Anderson Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Cotty Fleming Govan Harris, J. Harvin Hines, J. Howard Inabinett Jennings Lee Lloyd McCraw McMahand Neal Phillips Scott Shissias Walker Wilkes
So, the Bill, as amended, was read the second time and ordered to third reading.
We were accepting an award from the victims advocacy for our work on domestic violence.
We would have voted in favor of H. 4443.
Rep. BECKY MEACHAM
Rep. MERITA A. ALLISON
Rep. SANDRA S. WOFFORD
Rep. GOVAN moved that the House do now adjourn.
Rep. ROBINSON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Breeland Cave Davenport Govan Hines, J. Howard Inabinett Lanford Lee Littlejohn Martin McAbee McMahand McTeer Scott White Wilder
Those who voted in the negative are:
Bailey Baxley Brown, G. Brown, H. Brown, J. Cain Carnell Cato Cooper Cotty Dantzler Delleney Easterday Fleming Fulmer Gamble Harrell Harris, J. Harrison Harvin Haskins Herdklotz Jaskwhich Jennings Keegan Kelley Keyserling Kinon Kirsh Knotts Koon Law Limbaugh Limehouse Loftis Marchbanks Mason McCraw McKay Neilson Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, R. Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Wilkes Wilkins Witherspoon Worley Wright Young Young-Brickell
So, the House refused to adjourn.
The SPEAKER granted Rep. WRIGHT a leave of absence for the remainder of the day.
The following Bill was taken up.
H. 4469 -- Reps. Wilkins, Sharpe, Haskins, Cato, D. Smith, Townsend, J. Brown and Harrison: A BILL TO ENACT THE "SOUTH CAROLINA EFFECTIVE DEATH PENALTY ACT OF 1996" INCLUDING PROVISIONS TO ADD SECTION 16-3-21, CODE OF LAWS OF SOUTH CAROLINA, 1976, TO PROHIBIT, WITHOUT PRIOR COURT APPROVAL, CONTACT WITH JURORS WHO SENTENCED AN INDIVIDUAL TO DEATH BY ATTORNEYS OR AGENTS OF THAT INDIVIDUAL; BY ADDING SECTION 17-25-375 SO AS TO FURTHER PROVIDE FOR PROCEDURES FOR THE SETTING OF EXECUTION DATES; BY AMENDING SECTION 17-25-380, RELATING TO NOTICES OF THE INTENT TO EXECUTE A DEATH SENTENCE, SO AS TO FURTHER PROVIDE FOR THESE NOTICE REQUIREMENTS; BY ADDING SECTION 17-27-130 SO AS TO CLARIFY THE CIRCUMSTANCES WHEN THE ATTORNEY-CLIENT PRIVILEGE IS WAIVED IN STATE POST-CONVICTION PROCEEDINGS, AND TO PROVIDE FOR CERTAIN ACCESS OF NEW COUNSEL TO THE FILES OF PRIOR COUNSEL IN CASES OF DEFENDANTS SENTENCED TO DEATH; BY ADDING SECTION 17-27-140 SO AS TO REQUIRE THE SENTENCING TRIAL JUDGE IN CAPITAL CASES TO PRESIDE OVER COLLATERAL REVIEW PROCEEDINGS UNLESS ACTUAL BIAS OR PREJUDICE IS FOUND TO EXIST; BY ADDING SECTION 17-27-150 SO AS TO PROVIDE THAT DISCOVERY PROCESSES ARE ONLY AVAILABLE TO THE PARTIES IN A STATE POST-CONVICTION RELIEF CASE UPON A SHOWING OF GOOD CAUSE; AND BY ADDING SECTION 17-27-160 SO AS TO PROVIDE FOR TIME LIMITS IN CERTAIN MATTERS IN STATE POST-CONVICTION RELIEF CASES INVOLVING A SENTENCE OF DEATH FOR THE PURPOSE OF EXPEDITING REVIEW OF SUCH CASES, AND TO FURTHER PROVIDE FOR THE APPOINTMENT AND COMPENSATION OF COUNSEL IN THESE CASES.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22609SD.96), which was adopted.
Amend the bill, as and if amended, by striking Section 16-3-21 of the 1976 Code, as contained in SECTION 2, and inserting:
/Section 16-3-21. (A) In all cases in which an individual is sentenced to death, counsel or agents for the sentenced individual or for the State are prohibited from contacting jurors in any manner not provided in this section.
(B) Contact with jurors by counsel or agents of the sentenced individual or the State must be limited to the following circumstances:
(1) a letter seeking permission from the jurors to speak with them concerning their service may be mailed the jurors on only one occasion. This letter must be a form letter prepared by and available from court administration. This letter must initially inform the juror that he is under no legal obligation to respond to the letter. Further, the letter must set forth who is seeking permission to talk to the juror and which party they represent, the rights of the jurors that are being contacted, and the name and telephone number of the post-conviction relief judge who has been assigned the matter. If a post-conviction relief judge has not been assigned, the form shall provide the name and telephone number of the chief administrative judge of the circuit in which the sentenced individual was indicted for the crime resulting in the sentence of death. This letter must be sent certified mail, return receipt requested, and a copy of the letter and the return receipt must be filed with the clerk of court to be placed in the case file;
(2) upon a showing of good cause, the judge may allow for juror interviews in any appropriate manner which does not amount to harassment and gives the highest degree of reliability to the responses, including limiting the interrogation of prior jurors to inquiry by the trial judge in open court./
Amend the bill further, by striking Section 17-27-130 of the 1976 Code, as contained in SECTION 5, and inserting:
/Section 17-27-130. Where a defendant alleges ineffective assistance of prior trial counsel or appellate counsel as a ground for post-conviction relief or collateral relief under any procedure, the applicant shall be deemed to have waived the attorney-client privilege with respect to both oral and written communications between counsel and the defendant, and between retained or appointed experts and the defendant, to the extent necessary for prior counsel to respond to the allegation. This waiver of the attorney-client privilege shall be deemed automatic upon the filing of the allegation alleging ineffective assistance of prior counsel and the court need not enter an order waiving the privilege. Thereafter, counsel alleged to have been ineffective is free to discuss and disclose any aspect of the representation with representatives of the State for purposes of defending against the allegations of ineffectiveness, to the extent necessary for prior counsel to respond to the allegation.
In the case of a defendant who has been convicted of a capital offense and sentenced to death, the defendant's prior trial counsel or appellate counsel shall make available to the capital defendant's collateral counsel the complete files of the defendant's trial or appellate counsel. The capital defendant's counsel may inspect and photocopy the files, but the defendant's prior counsel shall maintain custody of their respective files, except as to the material which is admitted into evidence in any trial proceeding./
Amend the bill further, as and if amended, by striking SECTION 6 in its entirety.
Amend further, as and if amended, by striking subsection (A) of Section 17-27-160 of the 1976 Code, as contained in SECTION 8, which begins on line 6, page 5, and inserting:
/(A) If a defendant has been sentenced to death in South Carolina, he must file his application for post-conviction relief in the county in which he was indicted for the crime resulting in the sentence of death. Upon receipt of the application for post-conviction relief, the clerk of court shall forward the application to the judge who has been assigned to hear the post-conviction relief application. This judge shall maintain control over the expedited consideration of the application pursuant to this section. The judge assigned as the post-conviction relief judge must not be the original sentencing judge. A copy of the application shall be immediately provided to the solicitor of the circuit in which the applicant was convicted and a copy provided to the Attorney General. The filing of the application does not automatically stay any sentence of death./
Amend the bill further, as and if amended, by striking subsection (C) of Section 17-27-160 of the 1976 Code, as contained in SECTION 8 which begins on line 42, page 5, and inserting:
/(C) Not later than fifteen days after the filing of the state's return, the judge shall convene a status conference to schedule a hearing on the merits of the application for post-conviction relief. The hearing must be scheduled within one hundred eighty days from the date of the status conference, unless good cause is shown to justify a continuance./
Renumber sections to conform.
Amend totals and title to conform.
Rep. MARTIN explained the amendment.
The amendment was then adopted.
Pursuant to Rule 7.7 the yeas and nays were taken on the passage of the Bill, as amended, resulting as follows:
Those who voted in the affirmative are:
Bailey Baxley Brown, H. Brown, J. Cain Carnell Cato Cooper Cotty Dantzler Davenport Delleney Fleming Fulmer Gamble Hallman Harrell Harris, J. Harrison Harvin Haskins Herdklotz Howard Inabinett Jaskwhich Keegan Kelley Keyserling Kirsh Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Loftis Marchbanks Martin Mason McAbee McCraw McKay McTeer Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Rogers Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stille Stuart Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Wilder Wilkes Wilkins Witherspoon Worley Wright Young Young-Brickell
Those who voted in the negative are:
Breeland Brown, T. Canty Cave Cobb-Hunter Hines, J. Lloyd Neal Scott Whipper, L. Whipper, S. White
So, the Bill, as amended, was read the second time and ordered to third reading.
We were accepting an award from the victims advocacy for our work on domestic violence.
We would have voted in favor of H. 4469
Rep. BECKY MEACHAM
Rep. MERITA A. ALLISON
Rep. SANDRA S. WOFFORD
Rep. SCOTT moved that the House do now adjourn.
Rep. HASKINS raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the Chair.
Rep. YOUNG-BRICKELL moved to adjourn debate upon the following Bill until Thursday, April 25, which was adopted.
H. 3803 -- Reps. A. Young, Keegan, Mason, R. Smith, Bailey, Wofford, Klauber, Law, Hutson, Whatley, Vaughn, Chamblee, Byrd, Gamble, Witherspoon, Lloyd, Limbaugh, Kinon, Littlejohn, Haskins and Meacham: A BILL TO AMEND SECTION 56-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY OBTAIN A DRIVER'S LICENSE, BEGINNER'S PERMIT OR INSTRUCTION PERMIT, SO AS TO REQUIRE APPLICANTS FOR A BEGINNER'S PERMIT TO MEET THE REQUIREMENTS OF SECTION 56-1-50, TO REQUIRE APPLICANTS FOR A RESTRICTED DRIVER'S LICENSE TO MEET THE REQUIREMENTS OF SECTION 56-1-180, AND TO DELETE "INSTRUCTION PERMIT" AND "SECTION 56-1-60"; TO AMEND SECTION 56-1-50, AS AMENDED, RELATING TO OBTAINING A BEGINNER'S PERMIT, SO AS TO REQUIRE APPLICANTS TO COMPLETE A DRIVER'S TRAINING COURSE BEFORE BEING ISSUED A BEGINNER'S PERMIT; TO AMEND SECTION 56-1-180, AS AMENDED, RELATING TO A RESTRICTED DRIVER'S LICENSE, SO AS TO DELETE "INSTRUCTION PERMIT" AND TO REQUIRE APPLICANTS TO COMPLETE A DRIVER'S TRAINING COURSE BEFORE BEING ISSUED A RESTRICTED DRIVER'S LICENSE.
Rep. SIMRILL moved to adjourn debate upon the following Bill until Thursday, April 25, which was adopted.
H. 4447 -- Reps. Meacham, Simrill, Young-Brickell, Vaughn, Allison, Davenport, Rice, Easterday, Haskins and Lee: A BILL TO AMEND SECTION 59-63-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENCY AND OTHER ELIGIBILITY REQUIREMENTS OF CHILDREN TO ATTEND PUBLIC SCHOOLS, SO AS TO DELETE A PROVISION ALLOWING A CHILD TO ATTEND A PUBLIC SCHOOL IN A PARTICULAR DISTRICT IF THE CHILD OWNS CERTAIN REAL ESTATE IN THE DISTRICT; AND TO AMEND SECTION 59-63-31, RELATING TO ADDITIONAL QUALIFICATIONS FOR ATTENDANCE AT PUBLIC SCHOOLS, SO AS TO CONFORM A REFERENCE IN THE SECTION TO THE REVISED PROVISIONS OF SECTION 59-63-30.
Rep. CATO moved to adjourn debate upon the following Bill until Thursday, April 25, which was adopted.
H. 4546 -- Reps. Klauber, Askins, Mason, Chamblee, R. Smith, Meacham, Wright, Elliott, Koon, D. Smith, Knotts, Herdklotz, Sharpe, Bailey, Gamble, Fulmer, Tripp, Whatley, Law, Kennedy, Vaughn, Rice, Quinn, Cato, Davenport, Wofford, Haskins, Worley, Littlejohn, Riser, J. Young, Young-Brickell, Lanford, Simrill, Witherspoon and Carnell: A BILL TO AMEND SECTION 58-27-1300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTRIC UTILITIES AND ELECTRIC COOPERATIVES, THE DISPOSITION OF PROPERTIES, POWERS, FRANCHISES, OR PRIVILEGES, AND THE PERMISSION TO SELL CERTAIN OUT-OF-STATE PROPERTY, SO AS TO MAKE THE PROVISIONS OF THIS SECTION APPLICABLE TO "UTILITY PROPERTY", DELETE REFERENCES TO OUT-OF-STATE PROPERTY, DELETE THE REQUIREMENT OF A HEARING, AND DEFINE "UTILITY PROPERTY" FOR PURPOSES OF THIS SECTION.
The following Bill was taken up.
H. 4502 -- Reps. Simrill, Herdklotz, Cain, Sandifer, Haskins, Meacham, Hallman, Trotter, Cato and R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-85 SO AS TO PROVIDE THAT MARRIAGES BETWEEN PERSONS OF THE SAME SEX VALID IN ANOTHER STATE ARE VOID IN SOUTH CAROLINA.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PFM\9213AC.96), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 20-1-15. A marriage between persons of the same sex is void ab initio and against the public policy of this State.
Section 20-1-18. A marriage recognized in any other state or country may not be recognized in this State if it would be prohibited and declared void in this State."
SECTION 2. Section 20-1-10 of the 1976 Code is amended to read:
"Section 20-1-10. (A) Marriage is a contract between a woman and a man. All persons, except mentally incompetent persons, and persons whose marriage is prohibited by this section, may lawfully contract matrimony.
(B) No man shall marry his mother, grandmother, daughter, granddaughter, stepmother, sister, grandfather's wife, son's wife, grandson's wife, wife's mother, wife's grandmother, wife's daughter, wife's granddaughter, brother's daughter, sister's daughter, father's sister, or mother's sister, or another man.
(C) No woman shall marry her father, grandfather, son, grandson, stepfather, brother, grandmother's husband, daughter's husband, granddaughter's husband, husband's father, husband's grandfather, husband's son, husband's grandson, brother's son, sister's son, father's brother, or mother's brother, or another woman."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. THOMAS explained the amendment.
The amendment was then adopted.
Rep. McTEER proposed the following Amendment No. 2 (Doc Name P:\amend\BBM\10772AC.96), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ___. The 1976 Code is amended by adding:
"Section 20-7-19. No farmer may marry his pig."/
Renumber sections to conform.
Amend title to conform.
Rep. McTEER explained the amendment.
Rep. McTEER continued speaking.
Rep. McTEER continued speaking.
Rep. HASKINS spoke against the amendment and moved to table the amendment, which was agreed to.
Pursuant to Rule 7.7 the yeas and nays were taken on the passage of the Bill, as amended, resulting as follows:
Those who voted in the affirmative are:
Bailey Baxley Boan Breeland Brown, G. Brown, H. Brown, T. Cain Carnell Cato Clyburn Cooper Cotty Dantzler Davenport Delleney Easterday Fleming Fulmer Gamble Hallman Harrell Harris, J. Harrison Haskins Hines, J. Inabinett Jennings Keegan Kelley Kinon Kirsh Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Lloyd Loftis Marchbanks Martin Mason McAbee McCraw McKay McMahand Neilson Phillips Quinn Rice Richardson Robinson Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stille Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, S. Wilder Wilkes Wilkins Witherspoon Worley Young Young-Brickell
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
We were accepting an award from the victims advocacy for our work on domestic violence.
We would have voted in favor of H. 4502.
Rep. BECKY MEACHAM
Rep. MERITA A. ALLISON
Rep. SANDRA S. WOFFORD
Rep. TROTTER moved that the House do now adjourn.
Rep. WILKES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baxley Breeland Brown, H. Brown, J. Brown, T. Byrd Canty Carnell Cato Clyburn Cobb-Hunter Cotty Dantzler Easterday Fleming Fulmer Harrell Harvin Hines, J. Inabinett Keegan Kelley Law Lloyd Loftis Marchbanks Martin Mason McAbee McCraw McKay McMahand Neal Quinn Rice Robinson Scott Smith, R. Stille Thomas Townsend Tripp Trotter Vaughn Whatley Whipper, L. Whipper, S. White Wilder Wilkins Witherspoon Worley Young-Brickell
Those who voted in the negative are:
Bailey Boan Brown, G. Cain Cooper Davenport Delleney Gamble Govan Hallman Harrison Haskins Howard Jennings Keyserling Kinon Kirsh Knotts Lanford Lee Limehouse McTeer Neilson Rhoad Richardson Sandifer Seithel Sharpe Sheheen Spearman Stuart Wilkes
So, the motion to adjourn was agreed to.
The Senate returned to the House with concurrence the following:
H. 4968 -- Rep. Tucker: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE CONTRIBUTION TO THE SPORT OF WOMEN'S BASKETBALL MADE BY SAUDIA ROUNDTREE OF ANDERSON IN HER INCREDIBLE PLAYING CAREER AT THE UNIVERSITY OF GEORGIA AND IN HER YEARS AT ANDERSON'S WESTSIDE HIGH SCHOOL.
H. 4970 -- Reps. Wilkins, Hodges, Young-Brickell and Cato: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE ACHIEVEMENTS AND CONTRIBUTIONS TO THIS STATE BY ROBERT E. HENDERSON PH.D., PRESIDENT AND DIRECTOR OF THE SOUTH CAROLINA RESEARCH AUTHORITY, ON THE OCCASION OF HIS RETIREMENT AND WISHING HIM WELL IN HIS FUTURE ENDEAVORS.
At 6:10 P.M. the House in accordance with the motion of Rep. TROTTER adjourned to meet at 10:00 A.M. tomorrow.
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